-CITE- 49 USC CHAPTER 449 - SECURITY 01/02/2006 -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. 44922. Deputation of State and local law enforcement officers. 44923. Airport security improvement projects. 44924. Repair station security. 44925. Deployment and use of detection equipment at airport screening checkpoints. 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 Repealed.] 44933.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. 44945. Disposition of unclaimed money. AMENDMENTS 2004 - Pub. L. 108-458, title IV, Sec. 4013(b), Dec. 17, 2004, 118 Stat. 3720, added item 44925. Pub. L. 108-334, title V, Sec. 515(c), Oct. 18, 2004, 118 Stat. 1318, added item 44945. 2003 - Pub. L. 108-176, title VI, Secs. 605(b)(3), 611(b)(2), Dec. 12, 2003, 117 Stat. 2568, 2572, added items 44923 and 44924. Pub. L. 108-7, div. I, title III, Sec. 351(c), Feb. 20, 2003, 117 Stat. 420, added item 44922. 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. -FOOTNOTE- (!1) Editorially supplied. Section added by Pub. L. 107-71 without corresponding amendment of chapter analysis. -End- -CITE- 49 USC SUBCHAPTER I - REQUIREMENTS 01/02/2006 -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 01/02/2006 -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." STANDARDS FOR INCREASING THE USE OF EXPLOSIVE DETECTION EQUIPMENT Pub. L. 109-90, title V, Sec. 524, Oct. 18, 2005, 119 Stat. 2086, provided that: "The Secretary, in consultation with industry stakeholders, shall develop standards and protocols for increasing the use of explosive detection equipment to screen air cargo when appropriate." USE OF EXISTING EQUIPMENT TO SCREEN PASSENGER CARGO; REPORTS Pub. L. 109-90, title V, Sec. 525, Oct. 18, 2005, 119 Stat. 2086, provided that: "The Transportation Security Administration (TSA) shall utilize existing checked baggage explosive detection equipment and screeners to screen cargo carried on passenger aircraft to the greatest extent practicable at each airport: Provided, That beginning with November 2005, TSA shall provide a monthly report to the Committees on Appropriations of the Senate and the House of Representatives detailing, by airport, the amount of cargo carried on passenger aircraft that was screened by TSA in August 2005 and each month thereafter." IN-LINE CHECKED BAGGAGE SCREENING Pub. L. 108-458, title IV, Sec. 4019(a), (b), Dec. 17, 2004, 118 Stat. 3721, provided that: "(a) In-Line Baggage Screening Equipment. - The Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action as may be necessary to expedite the installation and use of in-line baggage screening equipment at airports at which screening is required by section 44901 of title 49, United States Code. "(b) Schedule. - Not later than 180 days after the date of enactment of this Act [Dec. 17, 2004], the Assistant Secretary shall submit to the appropriate congressional committees a schedule to expedite the installation and use of in-line baggage screening equipment at such airports, with an estimate of the impact that such equipment, facility modification, and baggage conveyor placement will have on staffing needs and levels related to aviation security." CHECKED BAGGAGE SCREENING AREA MONITORING Pub. L. 108-458, title IV, Sec. 4020, Dec. 17, 2004, 118 Stat. 3722, provided that: "(a) In General. - The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide, subject to the availability of funds, assistance to airports at which screening is required by section 44901 of title 49, United States Code, and that have checked baggage screening areas that are not open to public view in the acquisition and installation of security monitoring cameras for surveillance of such areas in order to deter theft from checked baggage and to aid in the speedy resolution of liability claims against the Transportation Security Administration. "(b) Authorization of Appropriations. - There is authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2005 such sums as may be necessary to carry out this section. Such sums shall remain available until expended." PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT CARGO AND BAGGAGE CONTAINERS Pub. L. 108-458, title IV, Sec. 4051, Dec. 17, 2004, 118 Stat. 3728, provided that: "(a) In General. - Beginning not later than 180 days after the date of enactment of this Act [Dec. 17, 2004], the Assistant Secretary of Homeland Security (Transportation Security Administration) shall carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device. "(b) Incentives for Participation in Pilot Program. - "(1) In general. - As part of the pilot program, the Assistant Secretary shall provide incentives to air carriers to volunteer to test the use of blast-resistant containers for cargo and baggage on passenger aircraft. "(2) Applications. - To volunteer to participate in the incentive program, an air carrier shall submit to the Assistant Secretary an application that is in such form and contains such information as the Assistant Secretary requires. "(3) Types of incentives. - Incentives provided by the Assistant Secretary to air carriers that volunteer to participate in the pilot program shall include the use of, and financial assistance to cover increased costs to the carriers associated with the use and maintenance of, blast-resistant containers, including increased fuel costs. "(c) Technological Improvements. - The Secretary of Homeland Security, in cooperation with the Secretary of Transportation, shall support efforts to explore alternative technologies for minimizing the potential effects of detonation of an explosive device on cargo and passenger aircraft. "(d) Authorization of Appropriations. - There is authorized to be appropriated to carry out subsections (a) and (b) $2,000,000. Such sum shall remain available until expended." AIR CARGO SECURITY Pub. L. 108-458, title IV, Sec. 4052, Dec. 17, 2004, 118 Stat. 3728, provided that: "(a) Air Cargo Screening Technology. - The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop technology to better identify, track, and screen air cargo. "(b) Improved Air Cargo and Airport Security. - There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration, in addition to any amounts otherwise authorized by law, for the purpose of improving aviation security related to the transportation of cargo on both passenger aircraft and all-cargo aircraft - "(1) $200,000,000 for fiscal year 2005; "(2) $200,000,000 for fiscal year 2006; and "(3) $200,000,000 for fiscal year 2007. Such sums shall remain available until expended. "(c) Research, Development, and Deployment. - To carry out subsection (a), there is authorized to be appropriated to the Secretary, in addition to any amounts otherwise authorized by law, for research and development related to enhanced air cargo security technology as well as for deployment and installation of enhanced air cargo security technology - "(1) $100,000,000 for fiscal year 2005; "(2) $100,000,000 for fiscal year 2006; and "(3) $100,000,000 for fiscal year 2007. Such sums shall remain available until expended. "(d) Advanced Cargo Security Grants. - "(1) In general. - The Secretary shall establish and carry out a program to issue competitive grants to encourage the development of advanced air cargo security technology, including use of innovative financing or other means of funding such activities. The Secretary may make available funding for this purpose from amounts appropriated pursuant to subsection (c). "(2) Eligibility criteria, etc. - The Secretary shall establish such eligibility criteria, establish such application and administrative procedures, and provide for such matching funding requirements, if any, as may be necessary and appropriate to ensure that the technology is deployed as fully and rapidly as possible." IDENTIFICATION STANDARDS Pub. L. 108-458, title VII, Sec. 7220, Dec. 17, 2004, 118 Stat. 3835, provided that: "(a) Proposed Standards. - "(1) In general. - The Secretary of Homeland Security - "(A) shall propose minimum standards for identification documents required of domestic commercial airline passengers for boarding an aircraft; and "(B) may, from time to time, propose minimum standards amending or replacing standards previously proposed and transmitted to Congress and approved under this section. "(2) Submission to congress. - Not later than 6 months after the date of enactment of this Act [Dec. 17, 2004], the Secretary shall submit the standards under paragraph (1)(A) to the Senate and the House of Representatives on the same day while each House is in session. "(3) Effective date. - Any proposed standards submitted to Congress under this subsection shall take effect when an approval resolution is passed by the House and the Senate under the procedures described in subsection (b) and becomes law. "(b) Congressional Approval Procedures. - "(1) Rulemaking power. - This subsection is enacted by Congress - "(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of such approval resolutions; and it supersedes other rules only to the extent that they are inconsistent therewith; and "(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. "(2) Approval resolution. - For the purpose of this subsection, the term 'approval resolution' means a joint resolution of Congress, the matter after the resolving clause of which is as follows: 'That the Congress approves the proposed standards issued under section 7220 of the 9/11 Commission Implementation Act of 2004, transmitted by the President to the Congress on ______', the blank space being filled in with the appropriate date. "(3) Introduction. - Not later than the first day of session following the day on which proposed standards are transmitted to the House of Representatives and the Senate under subsection (a), an approval resolution - "(A) shall be introduced (by request) in the House by the Majority Leader of the House of Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Majority Leader and Minority Leader of the House; and "(B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate. "(4) Prohibitions. - "(A) Amendments. - No amendment to an approval resolution shall be in order in either the House of Representatives or the Senate. "(B) Motions to suspend. - No motion to suspend the application of this paragraph shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this paragraph by unanimous consent. "(5) Referral. - "(A) In general. - An approval resolution shall be referred to the committees of the House of Representatives and of the Senate with jurisdiction. Each committee shall make its recommendations to the House of Representatives or the Senate, as the case may be, within 45 days after its introduction. Except as provided in subparagraph (B), if a committee to which an approval resolution has been referred has not reported it at the close of the 45th day after its introduction, such committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar. "(B) Final passage. - A vote on final passage of the resolution shall be taken in each House on or before the close of the 15th day after the resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. "(C) Computation of days. - For purposes of this paragraph, in computing a number of days in either House, there shall be excluded any day on which that House is not in session. "(6) Coordination with action of other house. - If prior to the passage by one House of an approval resolution of that House, that House receives the same approval resolution from the other House, then the procedure in that House shall be the same as if no approval resolution has been received from the other House, but the vote on final passage shall be on the approval resolution of the other House. "(7) Floor consideration in the house of representatives. - "(A) Motion to proceed. - A motion in the House of Representatives to proceed to the consideration of an approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, not shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. "(B) Debate. - Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion to further limit debate shall not be debatable. It shall not be in order to move to recommit an approval resolution or to move to reconsider the vote by which an approval resolution is agreed to or disagreed to. "(C) Motion to postpone. - Motions to postpone made in the House of Representatives with respect to the consideration of an approval resolution and motions to proceed to the consideration of other business shall be decided without debate. "(D) Appeals. - All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to an approval resolution shall be decided without debate. "(E) Rules of the house of representatives. - Except to the extent specifically provided in subparagraphs (A) through (D), consideration of an approval resolution shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances. "(8) Floor consideration in the Senate. - "(A) Motion to proceed. - A motion in the Senate to proceed to the consideration of an approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. "(B) Debate on resolution. - Debate in the Senate on an approval resolution, and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be equally divided between, and controlled by, the Majority Leader and the Minority Leader, or their designees. "(C) Debate on motions and appeals. - Debate in the Senate on any debatable motion or appeal in connection with an approval resolution shall be limited to not more than 1 hour, which shall be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the Minority Leader or designee. Such leaders, or either of them, may, from time under their control on the passage of an approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. "(D) Limit on debate. - A motion in the Senate to further limit debate is not debatable. A motion to recommit an approval resolution is not in order. "(c) Default Standards. - "(1) In general. - If the standards proposed under subsection (a)(1)(A) are not approved pursuant to the procedures described in subsection (b), then not later than 1 year after rejection by a vote of either House of Congress, domestic commercial airline passengers seeking to board an aircraft shall present, for identification purposes - "(A) a valid, unexpired passport; "(B) domestically issued documents that the Secretary of Homeland Security designates as reliable for identification purposes; "(C) any document issued by the Attorney General or the Secretary of Homeland Security under the authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))[)]; or "(D) a document issued by the country of nationality of any alien not required to possess a passport for admission to the United States that the Secretary designates as reliable for identifications purposes "(2) Exception. - The documentary requirements described in paragraph (1) - "(A) shall not apply to individuals below the age of 17, or such other age as determined by the Secretary of Homeland Security; "(B) may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency. "(d) Recommendation to Congress. - Not later than 1 year after the date of enactment of this Act [Dec. 17, 2004], the Secretary of Homeland Security shall recommend to Congress - "(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack and requiring minimum identification standards for access to such facilities; and "(2) appropriate minimum identification standards to gain access to those facilities." 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, which provided that funds from project grants made under subchapter I of chapter 471 of this title and passenger facility fees collected under section 40117 of this title could be used for the improvement of facilities and the purchase and deployment of equipment to enhance and ensure safe air travel, was repealed by Pub. L. 108-176, title I, Sec. 143, Dec. 12, 2003, 117 Stat. 2503. 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 TITLE IV OF PUB. L. 108-458 Pub. L. 108-458, title IV, Sec. 4081, Dec. 17, 2004, 118 Stat. 3731, provided that: "In this title [enacting section 44925 of this title, amending sections 114, 44903, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this title and sections 70102 and 70103 of Title 46, Shipping, and enacting provisions set out as notes under this section, sections 114, 44703, 44913, 44917, 44923, 44925, and 44935 of this title, section 2751 of Title 22, Foreign Relations and Intercourse, and section 70101 of Title 46] (other than in sections 4001 and 4026 [amending sections 114 and 44904 of this title and enacting provisions set out as a note under section 2751 of Title 22]), the following definitions apply: "(1) Appropriate congressional committees. - The term 'appropriate congressional committees' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. "(2) Aviation definitions. - The terms 'air carrier', 'air transportation', 'aircraft', 'airport', 'cargo', 'foreign air carrier', and 'intrastate air transportation' have the meanings given such terms in section 40102 of title 49, United States Code. "(3) Secure area of an airport. - The term 'secure area of an airport' means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulations)." 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. -End- -CITE- 49 USC Sec. 44902 01/02/2006 -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. -End- -CITE- 49 USC Sec. 44903 01/02/2006 -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) shall issue, not later than March 31, 2005, guidance 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. (5) Use of biometric technology in airport access control systems. - In issuing guidance under paragraph (4)(E), the Assistant Secretary of Homeland Security (Transportation Security Administration) in consultation with representatives of the aviation industry, the biometric identifier industry, and the National Institute of Standards and Technology, shall establish, at a minimum - (A) comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport access control systems (including airport perimeter access control systems) to ensure that the biometric identifier systems are effective, reliable, and secure; (B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A); (C) procedures for implementing biometric identifier systems - (i) to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and (ii) to resolve failures to enroll, false matches, and false non-matches; and (D) best practices for incorporating biometric identifier technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports. (6) Use of biometric technology for law enforcement officer travel. - (A) In general. - Not later than 120 days after the date of enactment of this paragraph, the Assistant Secretary, in consultation with the Attorney General, shall - (i) establish a law enforcement officer travel credential that incorporates biometric identifier technology and is uniform across all Federal, State, local, tribal, and territorial government law enforcement agencies; (ii) establish a process by which the travel credential will be used to verify the identity of a Federal, State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer; (iii) establish procedures - (I) to ensure that only Federal, State, local, tribal, and territorial government law enforcement officers are issued a law enforcement travel credential; (II) to resolve failures to enroll, false matches, and false non-matches relating to use of the law enforcement travel credential; and (III) to invalidate any law enforcement travel credential that is lost, stolen, or no longer authorized for use; (iv) begin issuance of the travel credential to each Federal, State, local, tribal, or territorial government law enforcement officer authorized by the Assistant Secretary to carry a weapon on board an aircraft; and (v) take such other actions with respect to the travel credential as the Assistant Secretary considers appropriate. (B) Funding. - There is authorized to be appropriated such sums as may be necessary to carry out this paragraph. (7) Definitions. - In this subsection, the following definitions apply: (A) Biometric identifier information. - The term "biometric identifier information" means the distinct physical or behavioral characteristics of an individual that are used for unique identification, or verification of the identity, of an individual. (B) Biometric identifier. - The term "biometric identifier" means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information. (C) Failure to enroll. - The term "failure to enroll" means the inability of an individual to enroll in a biometric identifier system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric identifier information, or other factors. (D) False match. - The term "false match" means the incorrect matching of one individual's biometric identifier information to another individual's biometric identifier information by a biometric identifier system. (E) False non-match. - The term "false non-match" means the rejection of a valid identity by a biometric identifier system. (F) Secure area of an airport. - The term "secure area of an airport" means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section). (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. (C) Advanced airline passenger prescreening. - (i) Commencement of testing. - Not later than January 1, 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary, shall commence testing of an advanced passenger prescreening system that will allow the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Assistant Secretary, to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government. (ii) Assumption of function. - Not later than 180 days after completion of testing under clause (i), the Assistant Secretary, or the designee of the Assistant Secretary, shall begin to assume the performance of the passenger prescreening function of comparing passenger information to the automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that function. (iii) Requirements. - In assuming performance of the function under clause (ii), the Assistant Secretary shall - (I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system; (II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives; (III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented; (IV) establish sufficient operational safeguards to reduce the opportunities for abuse; (V) implement substantial security measures to protect the system from unauthorized access; (VI) adopt policies establishing effective oversight of the use and operation of the system; and (VII) ensure that there are no specific privacy concerns with the technological architecture of the system. (iv) Passenger information. - Not later than 180 days after the completion of the testing of the advanced passenger prescreening system, the Assistant Secretary, by order or interim final rule - (I) shall require air carriers to supply to the Assistant Secretary the passenger information needed to begin implementing the advanced passenger prescreening system; and (II) shall require entities that provide systems and services to air carriers in the operation of air carrier reservations systems to provide to air carriers passenger information in possession of such entities, but only to the extent necessary to comply with subclause (I). (D) Screening of employees against watchlist. - The Assistant Secretary of Homeland Security (Transportation Security Administration), in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government before - (i) being certificated by the Federal Aviation Administration; (ii) being granted unescorted access to the secure area of an airport; or (iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport. (E) Aircraft charter customer and lessee prescreening. - (i) In general. - Not later than 90 days after the date on which the Assistant Secretary assumes the performance of the advanced passenger prescreening function under subparagraph (C)(ii), the Assistant Secretary shall establish a process by which operators of aircraft to be used in charter air transportation with a maximum takeoff weight greater than 12,500 pounds and lessors of aircraft with a maximum takeoff weight greater than 12,500 pounds may - (I) request the Department of Homeland Security to use the advanced passenger prescreening system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; and (II) refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or transport aboard such aircraft any persons identified on such watch list. (ii) Requirements. - The requirements of subparagraph (C)(iii) shall apply to this subparagraph. (iii) No fly and automatic selectee lists. - The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, shall design and review, as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained, or to be maintained, in the no fly and automatic selectee lists. (F) Applicability. - Section 607 of the Vision 100 - Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568) shall not apply to the advanced passenger prescreening system established under subparagraph (C). (G) Appeal procedures. - (i) In general. - The Assistant Secretary shall establish a timely and fair process for individuals identified as a threat under one or more of subparagraphs (C), (D), and (E) to appeal to the Transportation Security Administration the determination and correct any erroneous information. (ii) Records. - The process shall include the establishment of a method by which the Assistant Secretary will be able to maintain a record of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Transportation Security Administration record shall contain information determined by the Assistant Secretary to authenticate the identity of such a passenger or individual. (H) Definition. - In this paragraph, the term "secure area of an airport" means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section). (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. (l) Air Charter Program. - (1) In general. - The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall implement an aviation security program for charter air carriers (as defined in section 40102(a)) with a maximum certificated takeoff weight of more than 12,500 pounds. (2) Exemption for armed forces charters. - (A) In general. - Paragraph (1) and the other requirements of this chapter do not apply to passengers and property carried by aircraft when employed to provide charter transportation to members of the armed forces. (B) Security procedures. - The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Transportation, shall establish security procedures relating to the operation of aircraft when employed to provide charter transportation to members of the armed forces to or from an airport described in section 44903(c). (C) Armed forces defined. - In this paragraph, the term "armed forces" has the meaning given that term by section 101(a)(4) of title 10. -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; Pub. L. 108-176, title VI, Sec. 606(a), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 108-458, title IV, Secs. 4011(a), 4012(a)(1), Dec. 17, 2004, 118 Stat. 3712, 3714.) -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. (h)(6)(A), is the date of enactment of Pub. L. 108-458, which was approved Dec. 17, 2004. 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. Section 607 of the Vision 100 - Century of Aviation Reauthorization Act, referred to in subsec. (j)(2)(F), is section 607 of Pub. L. 108-176, which is set out as a note below. -MISC2- AMENDMENTS 2004 - Subsec. (h)(4)(E). Pub. L. 108-458, Sec. 4011(a)(1), substituted "shall issue, not later than March 31, 2005, guidance for" for "may provide for". Subsec. (h)(5) to (7). Pub. L. 108-458, Sec. 4011(a)(2), added pars. (5) to (7). Subsec. (j)(2)(C) to (H). Pub. L. 108-458, Sec. 4012(a)(1), added subpars. (C) to (H). 2003 - Subsec. (l). Pub. L. 108-176 added subsec. (l). 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 2003 AMENDMENT Amendment by Pub. L. 108-176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108-176, set out as a note under section 106 of this title. 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- CAPPS2 Pub. L. 108-176, title VI, Sec. 607, Dec. 12, 2003, 117 Stat. 2568, provided that: "(a) In General. - The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall not implement, on other than a test basis, the computer assisted passenger prescreening system (commonly known as and in this section referred to as 'CAPPS2') until the Under Secretary provides to Congress a certification that - "(1) a procedure is established enabling airline passengers, who are delayed or prohibited from boarding a flight because CAPPS2 determined that they might pose a security threat, to appeal such determination and correct information contained in CAPPS2; "(2) the error rate of the Government and private data bases that will be used to both establish identity and assign a risk level to a passenger under CAPPS2 will not produce a large number of false positives that will result in a significant number of passengers being mistaken as a security threat; "(3) the Under Secretary has demonstrated the efficacy and accuracy of all search tools in CAPPS2 and has demonstrated that CAPPS2 can make an accurate predictive assessment of those passengers who would constitute a security threat; "(4) the Secretary of Homeland Security has established an internal oversight board to oversee and monitor the manner in which CAPPS2 is being implemented; "(5) the Under Secretary has built in sufficient operational safeguards to reduce the opportunities for abuse; "(6) substantial security measures are in place to protect CAPPS2 from unauthorized access by hackers or other intruders; "(7) the Under Secretary has adopted policies establishing effective oversight of the use and operation of the system; and "(8) there are no specific privacy concerns with the technological architecture of the system. "(b) GAO Report. - Not later than 90 days after the date on which certification is provided under subsection (a), the Comptroller General shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate that assesses the impact of CAPPS2 on the issues listed in subsection (a) and on privacy and civil liberties. The report shall include any recommendations for practices, procedures, regulations, or legislation to eliminate or minimize adverse effect of CAPPS2 on privacy, discrimination, and other civil liberties." REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND RELATED ACTIVITIES Pub. L. 108-176, title VIII, Sec. 821, Dec. 12, 2003, 117 Stat. 2594, provided that: "The Secretary of Homeland Security, subject to the availability of funds (other than amounts in the Aviation Trust Fund) provided for this purpose, shall reimburse air carriers and airports for - "(1) the screening of catering supplies; and "(2) checking documents at security checkpoints." IMPROVED FLIGHT DECK INTEGRITY MEASURES 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, which provided that within 90 days after Nov. 19, 2001, the Under Secretary of Transportation for Security was to implement an aviation security program for charter air carriers with a maximum certificated takeoff weight of 12,500 pounds or more, was repealed by Pub. L. 108-176, title VI, Sec. 606(b), Dec. 12, 2003, 117 Stat. 2568. 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