2018—Pub. L. 115–254, div. K, title I, §§1937(b)(2), 1943(b), 1955(a)(2), 1988(b), 1991(j)(2), 1992, Oct. 5, 2018, 132 Stat. 3579, 3584, 3596, 3623, 3646, added items 44929, 44931, 44932, 44942, 44943, 44947, and 44948 and substituted "PreCheck Program" for "Security screening pilot program" in item 44919 and "Deputization" for "Deputation" in item 44922.
2014—Pub. L. 113–238, §2(b), Dec. 18, 2014, 128 Stat. 2846, which directed amendment of analysis for subchapter II of chapter 449 of title 49 by adding item 44946 at the end, was executed by adding item 44946 to analysis for this chapter to reflect the probable intent of Congress.
Pub. L. 113–221, §2(b), Dec. 16, 2014, 128 Stat. 2094, which directed amendment of analysis for title 49 by adding item 44928 after item 44927, was executed by adding item 44928 to analysis for this chapter, to reflect the probable intent of Congress.
2013—Pub. L. 113–27, §2(b), Aug. 9, 2013, 127 Stat. 504, which directed amendment of analysis for subchapter I of chapter 449 by adding item 44927 after item 44926, was executed by adding item 44927 to analysis for this chapter to reflect the probable intent of Congress.
Pub. L. 112–271, §2(b), Jan. 14, 2013, 126 Stat. 2447, substituted "Disposition of unclaimed money and clothing" for "Disposition of unclaimed money" in item 44945.
2007—Pub. L. 110–53, title XVI, §1606(b), Aug. 3, 2007, 121 Stat. 483, added item 44926.
2004—Pub. L. 108–458, title IV, §4013(b), Dec. 17, 2004, 118 Stat. 3720, added item 44925.
Pub. L. 108–334, title V, §515(c), Oct. 18, 2004, 118 Stat. 1318, added item 44945.
2003—Pub. L. 108–176, title VI, §§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, §351(c), Feb. 20, 2003, 117 Stat. 420, added item 44922.
2002—Pub. L. 107–296, title XIV, §1402(b)(1), Nov. 25, 2002, 116 Stat. 2305, added item 44921.
2001—Pub. L. 107–71, title I, §§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, §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, §312(b), Oct. 9, 1996, 110 Stat. 3254, added item 44916.
1 Section catchline amended by Pub. L. 115–254 without corresponding amendment of chapter analysis.
(a)
(b)
(c)
(d)
(1)
(A) explosives detection systems are deployed as soon as possible to ensure that all United States airports described in section 44903(c) have sufficient explosives detection systems to screen all checked baggage, 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 explosives detection equipment at an airport is unavailable, all checked baggage is screened by an alternative means.
(2)
(A)
(B)
(C)
(D)
(i) A list of airports outside the United States from which a flight or flight segment traveled to the United States for which the Administrator determined, in accordance with the authority under subparagraph (A), that checked baggage was not required to be re-screened in the United States by an explosives detection system before such baggage continued on an additional flight or flight segment.
(ii) The amount of Federal savings generated from the exercise of such authority.
(e)
(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 explosives detection units in combination with other means.
(4) Other means or technology approved by the Administrator.
(f)
(g)
(1)
(2)
(3)
(4)
(h)
(1)
(2)
(i)
(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 Administrator decides an emergency exists requiring the regulation to become effective in fewer than 30 days and notifies Congress of that decision.
(j)
(1)
(A) evaluate the results of the blast-resistant cargo container pilot program that was initiated before August 3, 2007; and
(B) prepare and distribute through the Aviation Security Advisory Committee to the appropriate Committees 1 of Congress and air carriers a report on that evaluation which may contain nonclassified and classified sections.
(2)
(A) develop and implement a program, as the Administrator determines appropriate, to acquire, maintain, and replace blast-resistant cargo containers;
(B) pay for the program; and
(C) make available blast-resistant cargo containers to air carriers pursuant to paragraph (3).
(3)
(k)
(1)
(A) develop a standardized threat and vulnerability assessment program for general aviation airports (as defined in section 47134(m)); 2 and
(B) implement a program to perform such assessments on a risk-managed basis at general aviation airports.
(2)
(3)
(A) general aviation aircraft, as identified by the Administrator, in coordination with the Administrator of the Federal Aviation Administration, are required to submit passenger information and advance notification requirements for United States Customs and Border Protection before entering United States airspace; and
(B) such information is checked against appropriate databases.
(4)
(l)
(1)
(A)
(i) means a device used in the screening of passengers that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and
(ii) may include devices using backscatter x-rays or millimeter waves and devices referred to as "whole-body imaging technology" or "body scanning machines".
(B)
(i) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii) the Committee on Homeland Security of the House of Representatives.
(C)
(2)
(A) is equipped with and employs automatic target recognition software; and
(B) complies with such other requirements as the Administrator determines necessary to address privacy considerations.
(3)
(A)
(i) an advanced imaging technology equipped with automatic target recognition software is not substantially as effective at screening passengers as an advanced imaging technology without such software; or
(ii) additional testing of such software is necessary.
(B)
(4)
(A)
(B)
(i) A description of all matters the Administrator of the Transportation Security Administration considers relevant to the implementation of the requirements of this subsection.
(ii) The status of compliance by the Transportation Security Administration with such requirements.
(iii) If the Administration is not in full compliance with such requirements—
(I) the reasons for the noncompliance; and
(II) a timeline depicting when the Administrator of the Transportation Security Administration expects the Administration to achieve full compliance.
(C)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §§101(f)(7), 110(b), Nov. 19, 2001, 115 Stat. 603, 614; Pub. L. 107–296, title IV, §425, Nov. 25, 2002, 116 Stat. 2185; Pub. L. 110–53, title XVI, §§1602(a), 1609, 1617, Aug. 3, 2007, 121 Stat. 477, 484, 488; Pub. L. 112–95, title VIII, §826, Feb. 14, 2012, 126 Stat. 132; Pub. L. 112–218, §2, Dec. 20, 2012, 126 Stat. 1593; Pub. L. 114–125, title VIII, §815, Feb. 24, 2016, 130 Stat. 220; Pub. L. 115–254, div. K, title I, §§1937(b)(3), 1991(d)(1), Oct. 5, 2018, 132 Stat. 3579, 3627.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44901(a) | 49 App.:1356(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(a) (1st, 2d sentences, 3d sentence 19th–last words); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415; Aug. 8, 1985, Pub. L. 99–83, §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, §315(c); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415; Nov. 16, 1990, Pub. L. 101–604, §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.
Subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (g)(4), is section 1602(b) of Pub. L. 110–53, title XVI, Aug. 3, 2007, 121 Stat. 479, which is not classified to the Code.
Section 47134(m), referred to in subsec. (k)(1)(A), (2), is section 47134(m) of this title, which was repealed by Pub. L. 115–254, div. B, title I, §160(a)(6), Oct. 5, 2018, 132 Stat. 3221.
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(1)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" and struck out ", United States Code" after "title 5".
Pub. L. 115–254, §1937(b)(3), struck out "44919 or" before "44920".
Subsec. (c). Pub. L. 115–254, §1991(d)(1)(B), struck out "but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act" before period at end.
Subsec. (d)(1). Pub. L. 115–254, §1991(d)(1)(C)(i)(I), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 115–254, §1991(d)(1)(C)(i)(II), struck out "no later than December 31, 2002" after "to screen all checked baggage".
Subsec. (d)(2). Pub. L. 115–254, §1991(d)(1)(C)(ii), (iii), redesignated par. (4) as (2) and struck out former par. (2) which related to determination by the Under Secretary of Transportation for Security that the Transportation Security Administration would not be able to deploy required explosives detection systems at certain airports by Dec. 31, 2002.
Subsec. (d)(2)(A). Pub. L. 115–254, §1991(d)(1)(C)(iv)(I), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary (Transportation Security Administration)".
Subsec. (d)(2)(B). Pub. L. 115–254, §1991(d)(1)(C)(iv)(II), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary".
Subsec. (d)(2)(D). Pub. L. 115–254, §1991(d)(1)(C)(iv)(III), in introductory provisions, substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary" and, in cl. (i), substituted "Administrator" for "Assistant Secretary".
Subsec. (d)(3), (4). Pub. L. 115–254, §1991(d)(1)(C)(ii), (iii), struck out par. (3) and redesignated par. (4) as (2). Prior to amendment, text of par. (3) read as follows: "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."
Subsec. (e). Pub. L. 115–254, §1991(d)(1)(D)(i), in introductory provisions, struck out "but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act" after "practicable" and substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (e)(4). Pub. L. 115–254, §1991(d)(1)(D)(ii), substituted "Administrator" for "Under Secretary".
Subsec. (f). Pub. L. 115–254, §1991(d)(1)(E), struck out "after the date of enactment of the Aviation and Transportation Security Act" before period at end.
Subsec. (g)(1). Pub. L. 115–254, §1991(d)(1)(F)(i), substituted "The" for "Not later than 3 years after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the".
Subsec. (g)(2). Pub. L. 115–254, §1991(d)(1)(F)(ii), substituted "baggage." for "baggage as follows:
"(A) 50 percent of such cargo is so screened not later than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.
"(B) 100 percent of such cargo is so screened not later than 3 years after such date of enactment."
Subsec. (g)(3). Pub. L. 115–254, §1991(d)(1)(F)(iii), amended par. (3) generally. Prior to amendment, par. (3) related to the issuance by the Secretary of Homeland Security of an interim final rule and a final rule implementing subsec. (g).
Subsec. (g)(4), (5). Pub. L. 115–254, §1991(d)(1)(F)(iv), (v), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: "Not later than 1 year after the date of establishment of the system under paragraph (1), the Secretary shall submit to the Committees referred to in paragraph (3)(B)(ii) a report that describes the system."
Subsec. (h)(1). Pub. L. 115–254, §1991(d)(1)(G)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (h)(2). Pub. L. 115–254, §1991(d)(1)(G)(ii), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" in first sentence, and "Administrator" for "Under Secretary" in two places in second sentence.
Subsec. (i). Pub. L. 115–254, §1991(d)(1)(H)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" in introductory provisions.
Subsec. (i)(2). Pub. L. 115–254, §1991(d)(1)(H)(ii), substituted "Administrator" for "Under Secretary".
Subsec. (j)(1). Pub. L. 115–254, §1991(d)(1)(I)(i), substituted "The" for "Before January 1, 2008, the" in introductory provisions.
Subsec. (j)(1)(A). Pub. L. 115–254, §1991(d)(1)(I)(ii), substituted "August 3, 2007" for "the date of enactment of this subsection".
Subsec. (k)(1). Pub. L. 115–254, §1991(d)(1)(J)(i), substituted "The" for "Not later than one year after the date of enactment of this subsection, the" in introductory provisions.
Subsec. (k)(2). Pub. L. 115–254, §1991(d)(1)(J)(ii), substituted "The" for "Not later than 6 months after the date of enactment of this subsection, the".
Subsec. (k)(3). Pub. L. 115–254, §1991(d)(1)(J)(iii), substituted "The" for "Not later than 180 days after the date of enactment of this subsection, the" in introductory provisions.
Subsec. (l)(2). Pub. L. 115–254, §1991(d)(1)(K)(i)(I), substituted "The Administrator of the Transportation Security Administration" for "Beginning June 1, 2012, the Assistant Secretary of Homeland Security (Transportation Security Administration)" in introductory provisions.
Subsec. (l)(2)(B). Pub. L. 115–254, §1991(d)(1)(K)(i)(II), substituted "Administrator" for "Assistant Secretary".
Subsec. (l)(3)(A). Pub. L. 115–254, §1991(d)(1)(K)(ii)(I), substituted "Administrator of the Transportation Security Administration may extend" for "Assistant Secretary may extend" and "Administrator determines" for "Assistant Secretary determines" in introductory provisions.
Subsec. (l)(3)(B). Pub. L. 115–254, §1991(d)(1)(K)(ii)(II), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary".
Subsec. (l)(4)(A). Pub. L. 115–254, §1991(d)(1)(K)(iii)(I), struck out "60 days after the deadline specified in paragraph (2), and not later than" after "Not later than" and substituted "Administrator of the Transportation Security Administration issues" for "Assistant Secretary issues" and "Administrator shall" for "Assistant Secretary shall".
Subsec. (l)(4)(B)(i), (iii)(II). Pub. L. 115–254, §1991(d)(1)(K)(iii)(II), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary".
2016—Subsec. (d)(4)(C), (D). Pub. L. 114–125 added subpar. (C) and redesignated former subpar. (C) as (D).
2012—Subsec. (d). Pub. L. 112–218, §2(b), which directed substitution of "explosives" for "explosive" wherever appearing in this section, was executed in subsec. (d) by making such substitution wherever appearing in text as well as by substituting "Explosives" for "Explosive" in heading, to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 112–218, §2(a), added par. (4).
Subsec. (e). Pub. L. 112–218, §2(b), substituted "explosives" for "explosive" in introductory provisions and in par. (3).
Subsec. (l). Pub. L. 112–95 added subsec. (l).
2007—Subsecs. (g) to (i). Pub. L. 110–53, §1602(a), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
Subsec. (j). Pub. L. 110–53, §1609, added subsec. (j).
Subsec. (k). Pub. L. 110–53, §1617, added subsec. (k).
2002—Subsec. (d)(2), (3). Pub. L. 107–296 added pars. (2) and (3).
2001—Subsec. (a). Pub. L. 107–71, §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, §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, §110(b)(2), added subsec. (c). Former subsec. (c) redesignated (h).
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions and par. (2).
Subsecs. (d) to (g). Pub. L. 107–71, §110(b)(2), added subsecs. (d) to (g).
Subsec. (h). Pub. L. 107–71, §110(b)(1), redesignated subsec. (c) as (h).
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.
Pub. L. 107–71, title I, §141, Nov. 19, 2001, 115 Stat. 643, provided that:
"(a)
"(b)
"(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 [now Administrator of the Transportation Security Administration], any other authorized official, a court of competent jurisdiction, or operation of law.
"(c)
"(1)
"(2)
"(3)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(g)
Pub. L. 107–71, title I, §101(g), Nov. 19, 2001, 115 Stat. 603, provided that:
"(1)
"(2)
"(3)
"(A)
"(B)
"(4)
"(5)
Pub. L. 117–81, div. F, title LXIV, §6415, Dec. 27, 2021, 135 Stat. 2413, provided that:
"(a)
"(b)
"(1) An identification of best practices developed and screening technologies deployed in response to the coronavirus among foreign governments, airports, and air carriers conducting aviation security screening operations, as well as among Federal agencies conducting similar security screening operations outside of airports, including in locations where the spread of the coronavirus has been successfully contained, that could be further integrated into the United States aviation security system.
"(2) Specific operational changes to aviation security screening operations informed by the identification of best practices and screening technologies under paragraph (1) that could be implemented without degrading aviation security and a corresponding timeline and costs for implementing such changes.
"(c)
"(1) Aviation security screening procedures and practices in place at security screening locations, including procedures and practices implemented in response to the coronavirus.
"(2) Volume and average wait times at each such security screening location.
"(3) Public health measures already in place at each such security screening location.
"(4) The feasibility and effectiveness of implementing similar procedures and practices in locations where such are not already in place.
"(5) The feasibility and potential benefits to security, public health, and travel facilitation of continuing any procedures and practices implemented in response to the COVID–19 national emergency beyond the end of such emergency.
"(d)
"(e)
"(f)
"(g)
"(h)
"(1) The term 'Administrator' means the Administrator of the Transportation Security Administration.
"(2) The term 'coronavirus' has the meaning given such term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123) [134 Stat. 155].
"(3) The term 'COVID–19 national emergency' means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus.
"(4) The term 'public and private stakeholders' has the meaning given such term in section 114(t)(1)(C) of title 49, United States Code.
"(5) The term 'TSA' means the Transportation Security Administration."
Pub. L. 116–6, div. A, title II, §225, Feb. 15, 2019, 133 Stat. 25, as amended by Pub. L. 116–260, div. F, title II, §223, Dec. 27, 2020, 134 Stat. 1459, provided that:
"(a) Subject to the provisions of this section, the Administrator of the Transportation Security Administration (hereafter in this section referred to as 'the Administrator') may conduct a pilot program to provide screening services outside of an existing primary passenger terminal screening area where screening services are currently provided or would be eligible to be provided under the Transportation Security Administration's annually appropriated passenger screening program as a primary passenger terminal screening area.
"(b) Any request for screening services under subsection (a) shall be initiated only at the request of a public or private entity regulated by the Transportation Security Administration; shall be made in writing to the Administrator; and may only be submitted to the Transportation Security Administration after consultation with the relevant local airport authority.
"(c) The Administrator may provide the requested screening services under subsection (a) if the Administrator provides a certification to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate that implementation of subsection (a) does not reduce the security or efficiency of screening services already provided in primary passenger terminals at any impacted airports.
"(d) No screening services may be provided under subsection (a) unless the requesting entity agrees in writing to the scope of the screening services to be provided, and agrees to compensate the Transportation Security Administration for all reasonable personnel and non-personnel costs, including overtime, of providing the screening services.
"(e) The authority available under this section is effective for fiscal years 2019 through 2023 and may be utilized at not more than eight locations for transportation security purposes.
"(f) Notwithstanding any other provision of law, an airport authority, air carrier, or other requesting entity shall not be liable for any claims for damages filed in State or Federal court (including a claim for compensatory, punitive, contributory, or indemnity damages) relating to—
"(1) an airport authority's or other entity's decision to request that the Transportation Security Administration provide passenger screening services outside of a primary passenger terminal screening area; or
"(2) any act of negligence, gross negligence, or intentional wrongdoing by employees of the Transportation Security Administration providing passenger and property security screening services at a pilot program screening location.
"(g) Notwithstanding any other provision of law, any compensation received by the Transportation Security Administration under subsection (d) shall be credited to the account used to finance the provision of reimbursable security screening services under subsection (a).
"(h) The Administrator shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate—
"(1) an implementation plan for the pilot programs under subsection (a), including the application process, that is due by 90 days after the date of enactment of this Act [Feb. 15, 2019];
"(2) an evaluation plan for the pilot programs; and
"(3) annual performance reports, by not later than 60 days after the end of each fiscal year in which the pilot programs are in operation, including—
"(A) the amount of reimbursement received by the Transportation Security Administration from each entity in the pilot program for the preceding fiscal year, delineated by personnel and non-personnel costs;
"(B) an analysis of the results of the pilot programs corresponding to the evaluation plan required under paragraph (2);
"(C) any Transportation Security Administration staffing changes created at the primary passenger screening checkpoints and baggage screening as a result of the pilot program; and
"(D) any other unintended consequences created by the pilot program.
"(i) Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of the Transportation Security Administration.
"(j) For the purposes of this section, the term 'airport' means a commercial service airport as defined by section 47107(7) of title 49[,] United States Code.
"(k) For the purposes of this section, the term 'screening services' means the screening of passengers, flight crews, and their carry-on baggage and personal articles, and may include checked baggage screening if that type of screening is performed at an offsite location that is not part of a passenger terminal of a commercial airport.
"(l) For the purpose of this section, the term 'primary passenger terminal screening area' means the security checkpoints relied upon by airports as the principal points of entry to a sterile area of an airport."
Pub. L. 115–254, div. K, title I, §1914, Oct. 5, 2018, 132 Stat. 3555, provided that:
"(a)
"(b)
Pub. L. 115–254, div. K, title I, §1922, Oct. 5, 2018, 132 Stat. 3561, provided that:
"(a)
"(b)
"(1) online; and
"(2) in physical locations at applicable airport terminals.
"(c)
"(d)
Pub. L. 115–254, div. K, title I, §1924, Oct. 5, 2018, 132 Stat. 3562, provided that:
"(a)
"(1)
"(2)
"(A) identifying process delays and obstructions within the Department and the Administration regarding how such technology is identified, tested and evaluated, acquired, and deployed;
"(B) assessing whether the TSA can better leverage existing resources or processes of the Department for the purposes of technology testing and evaluation;
"(C) assessing whether the TSA can further encourage innovation and competition among technology stakeholders, including through increased participation of and funding for small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632));
"(D) identifying best practices of other Department components or United States Government entities; and
"(E) a plan to address any problems or challenges identified by such review.
"(b)
"(c)
"(1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies;
"(2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the Administration; and
"(3) ensure the effectiveness and efficiency of such processes.
"(d)
"(e)
"(1) reducing time for each phase of testing while maintaining security (including testing for detection testing, operational testing, testing and verification framework, and field testing);
"(2) eliminating testing and verification delays; and
"(3) increasing accountability.
"(f)
"(1)
"(2)
"(3)
"(A)
"(B)
"(i) a list of the performance metrics established under paragraph (1), including the length of time for each phase of testing and verification for each type of security technology; and
"(ii) a comparison of the progress achieved for testing and verification of security technology conducted by the TSA and the testing and verification of security technology conducted by third parties.
"(C)
"(i) not include identifying information regarding an individual or entity or equipment; and
"(ii) protect proprietary information.
"(g)
Pub. L. 115–254, div. K, title I, §1925, Oct. 5, 2018, 132 Stat. 3563, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) Opportunities to leverage computed tomography systems used for screening passengers and baggage.
"(B) Costs and benefits of using computed tomography technology for screening air cargo.
"(C) An analysis of emerging computed tomography systems that may have potential to enhance the screening of air cargo, including systems that may address aperture challenges associated with screening certain categories of air cargo.
"(D) An analysis of emerging screening technologies, in addition to computed tomography, that may be used to enhance the screening of air cargo.
"(c)
"(d)
"(e)
"(1)
"(2)
"(3)
"(4)
"(5)
Pub. L. 115–254, div. K, title I, §1947, Oct. 5, 2018, 132 Stat. 3587, provided that: "Subject to part 1520 of title 49, Code of Federal Regulations, the Administrator [of the Transportation Security Administration] shall quarterly make available to the airport director of an airport—
"(1) an assessment of the screening performance of that airport compared to the mean average performance of all airports in the equivalent airport category for screening performance data; and
"(2) a briefing on the results of performance data reports, including—
"(A) a scorecard of objective metrics developed by the Office of Security Operations to measure screening performance, such as results of annual proficiency reviews and covert testing, at the appropriate level of classification; and
"(B) other performance data, including—
"(i) passenger throughput;
"(ii) wait times; and
"(iii) employee attrition, absenteeism, injury rates, and any other human capital measures collected by the TSA [Transportation Security Administration]."
Pub. L. 115–254, div. K, title I, §1950, Oct. 5, 2018, 132 Stat. 3589, provided that:
"(a)
"(1)
"(2)
"(A) traveling with a medical device, including an indwelling medical device;
"(B) traveling with a prosthetic;
"(C) traveling with a wheelchair, walker, scooter, or other mobility device;
"(D) traveling with a service animal; or
"(E) with sensitivities to touch, pressure, sound, or hypersensitivity to stimuli in the environment.
"(3)
"(b)
"(1) record each complaint from a passenger with a disability regarding the screening practice of the TSA;
"(2) identify the most frequent concerns raised, or accommodations requested, in the complaints;
"(3) determine the best practices for addressing the concerns and requests identified in paragraph (2); and
"(4) recommend appropriate training based on such best practices.
"(c)
"(1) specifies how to contact the appropriate TSA employee at the airport designated to address complaints of screening mistreatment based on disability; and
"(2) describes how to receive assistance from that individual or other qualified personnel at the security screening checkpoint.
"(d)
"(1) The number and most frequent types of disability-related complaints received.
"(2) The best practices recommended under subsection (b) to address the top areas of concern.
"(3) The estimated wait times for assist requests for passengers with disabilities, including disabled passengers who participate in the PreCheck program."
Pub. L. 115–254, div. K, title I, §1951, Oct. 5, 2018, 132 Stat. 3590, provided that:
"(a)
"(1) establish an air cargo advance screening program (referred to in this section as the 'ACAS Program') for the collection of advance electronic information from air carriers and other persons within the supply chain regarding cargo being transported to the United States by air;
"(2) under such program, require that such information be transmitted by such air carriers and other persons at the earliest point practicable prior to loading of such cargo onto an aircraft destined to or transiting through the United States;
"(3) establish appropriate communications systems with freight forwarders, shippers, and air carriers;
"(4) establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing from any location that is inbound to the United States; and
"(5) identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the Administrator.
"(b)
"(1) prior to the loading of such cargo onto aircraft at the last point of departure; or
"(2) at an earlier point in the supply chain, before departing for the United States.
"(c)
"(1) the collection of advance information with respect to cargo on aircraft departing for the United States is applied; and
"(2) the inspection of high-risk cargo recognizes the significant differences among air cargo business models and modes of transportation.
"(d)
"(e)
"(f)
"(1) consider the content and timeliness of the available data may vary among entities in the air cargo industry and among countries;
"(2) explore procedures to accommodate the variations described in paragraph (1) while maximizing the contribution of such data to the risk assessment process under the ACAS Program;
"(3) test the business processes, technologies, and operational procedures required to provide advance information with respect to cargo on aircraft departing for the United States and carry out related inspection of high-risk cargo, while ensuring delays and other negative impacts on vital supply chains are minimized; and
"(4) consider the cost, benefit, and feasibility before establishing any set time period for submission of certain elements of the data for air cargo under this section in line with the regulatory guidelines specified in Executive Order 13563 [5 U.S.C. 601 note] or any successor Executive order or regulation.
"(g)
"(h)
"(i)
"(j)
Pub. L. 115–254, div. K, title I, §1955(c), Oct. 5, 2018, 132 Stat. 3596, provided that: "Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall collaborate with other aviation authorities and the United States Ambassador or the Charge d'Affaires to the United States Mission to the International Civil Aviation Organization, as applicable, to advance a global standard for each international airport to document and track the removal and disposal of any security screening equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security."
Pub. L. 115–254, div. K, title I, §1956, Oct. 5, 2018, 132 Stat. 3596, provided that:
"(a)
"(1)
"(2)
"(A) Collaborating with foreign partners to improve global aviation security capabilities and standards.
"(B) Identifying foreign partners that—
"(i) have not successfully implemented security protocols from the International Civil Aviation Organization or the Department of Homeland Security; and
"(ii) have not taken steps to implement such security protocols;[.]
"(C) Improving the development, outreach, and implementation process for security directives or emergency amendments issued to domestic and foreign air carriers.
"(D) Assessing the cybersecurity risk of security screening equipment.
"(b)
"(c)
"(d)
Pub. L. 115–254, div. K, title I, §1962, Oct. 5, 2018, 132 Stat. 3601, provided that:
"(a)
"(b)
"(1) research and evaluate—
"(A) the impact, if any, the amendment would have on security risks;
"(B) the impact, if any, the amendment would have on screening operations, including effectiveness and efficiency; and
"(C) whether the amendment is consistent with international standards and guidance, including of the International Civil Aviation Organization; and
"(2) consult with appropriate aviation security stakeholders, including ASAC [Aviation Security Advisory Committee].
"(c)
"(d)
"(1) publish in the Federal Register any amendment to the interpretive rule described in subsection (a); and
"(2) notify the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] of the amendment not later than 3 days before publication under paragraph (1)."
Pub. L. 115–141, div. F, title V, §521, Mar. 23, 2018, 132 Stat. 628, provided that: "Hereafter, in developing any process to screen aviation passengers and crews for transportation or national security purposes, the Secretary of Homeland Security shall ensure that all such processes take into consideration such passengers' and crews' privacy and civil liberties consistent with applicable laws, regulations, and guidance."
Pub. L. 114–293, Dec. 16, 2016, 130 Stat. 1503, provided that:
"This Act may be cited as the 'Bottles and Breastfeeding Equipment Screening Act'.
"Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2016], the Administrator of the Transportation Security Administration shall—
"(1) notify air carriers and security screening personnel of the Transportation Security Administration and personnel of private security companies providing security screening pursuant to section 44920 of title 49, United States Code, of such Administration's guidelines regarding permitting baby formula, breast milk, purified deionized water for infants, and juice on airplanes under the Administration's guidelines known as the 3–1–1 Liquids Rule Exemption; and
"(2) in training procedures for security screening personnel of the Administration and private security companies providing security screening pursuant to section 44920 of title 49, United States Code, include training on special screening procedures."
Pub. L. 114–190, title III, §§3001–3506, July 15, 2016, 130 Stat. 649–664, as amended by Pub. L. 115–254, div. K, title I, §§1937(b)(1), 1955(b), Oct. 5, 2018, 132 Stat. 3579, 3596, provided that:
"This title [amending section 44946 of this title and sections 607, 609, and 1112 of Title 6, Domestic Security, and enacting this note] may be cited as the 'Aviation Security Act of 2016'.
"In this title:
"(1)
"(2)
"(3)
"(4)
"(a)
"(b)
"(1) The level of coordination and cooperation between the TSA and the foreign government of the country in which the last point of departure airport with nonstop flights to the United States is located.
"(2) The intelligence and threat mitigation capabilities of the country in which such airport is located.
"(3) The number of known or suspected terrorists annually transiting through such airport.
"(4) The degree to which the foreign government of the country in which such airport is located mandates, encourages, or prohibits the collection, analysis, and sharing of passenger name records.
"(5) The passenger security screening practices, capabilities, and capacity of such airport.
"(6) The security vetting undergone by aviation workers at such airport.
"(7) The access controls utilized by such airport to limit to authorized personnel access to secure and sterile areas of such airports.
"(a)
"(1) to enhance and bolster security collaboration, coordination, and information sharing relating to securing international-inbound aviation between the United States and domestic and foreign partners, including U.S. Customs and Border Protection, foreign government entities, passenger air carriers, cargo air carriers, and United States Government entities, in order to enhance security capabilities at foreign airports, including airports that may not have nonstop flights to the United States but are nonetheless determined by the Administrator to be high risk; and
"(2) that includes an assessment of the ability of the TSA to enter into a mutual agreement with a foreign government entity that permits TSA representatives to conduct without prior notice inspections of foreign airports.
"(b)
"Not later than 270 days after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to Congress a comprehensive workforce assessment of all TSA personnel within the Office of Global Strategies of the TSA or whose primary professional duties contribute to the TSA's global efforts to secure transportation security, including a review of whether such personnel are assigned in a risk-based, intelligence-driven manner.
"(a)
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(d)
"(a)
"(b)
"(1) active shooter scenarios;
"(2) incident response;
"(3) use of canines;
"(4) mitigation of insider threats;
"(5) perimeter security;
"(6) operation and maintenance of security screening technology; and
"(7) recurrent related training and exercises.
"It is the sense of Congress that airport checkpoint wait times should not take priority over the security of the aviation system of the United States.
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(a)
"(b)
"(a)
"(1) Utilize the TSA's Behavior Detection Officers for passenger and baggage security screening, including the verification of traveler documents, particularly at designated PreCheck Program lanes to ensure that such lanes are operational for use and maximum efficiency.
"(2) Make every practicable effort to grant additional flexibility and authority to Federal Security Directors in matters related to checkpoint and checked baggage staffing allocation and employee overtime in furtherance of maintaining minimal passenger wait times and maximum security effectiveness.
"(3) Disseminate to aviation security stakeholders and appropriate TSA personnel a list of checkpoint optimization best practices.
"(4) Request the Aviation Security Advisory Committee (established pursuant to section 44946 of title 49, United States Code) provide recommendations on best practices for checkpoint security operations optimization.
"(b)
"(1) direct each Federal Security Director to coordinate local representatives of aviation security stakeholders to establish a staffing advisory working group at each airport at which the TSA oversees or performs passenger security screening to provide recommendations to the Administrator on Transportation Security Officer staffing numbers, for each such airport; and
"(2) certify to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that such staffing advisory working groups have been established.
"(c)
"(1) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding how the TSA's Passenger Screening Canine assets may be deployed and utilized for maximum efficiency to mitigate risk and optimize checkpoint operations; and
"(2) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the TSA's Credential Authentication Technology Assessment program and how deployment of such program might optimize checkpoint operations.
"For purposes of this subtitle, the term 'aviation security stakeholders' shall mean, at a minimum, air carriers, airport operators, and labor organizations representing Transportation Security Officers or, where applicable, contract screeners.
"Nothing in this subtitle may be construed as authorizing or directing the Administrator to prioritize reducing wait times over security effectiveness.
"In this subtitle:
"(1)
"(A) the Committee on Homeland Security of the House of Representatives;
"(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
"(C) the Committee on Commerce, Science, and Transportation of the Senate.
"(2)
"(3)
"(4)
"(a)
"(1)
"(2)
"(A) domestic intelligence;
"(B) international intelligence;
"(C) the vulnerabilities associated with unescorted access authority granted to domestic airport operators and air carriers, and their workers;
"(D) the vulnerabilities associated with unescorted access authority granted to foreign airport operators and air carriers, and their workers;
"(E) the processes and practices designed to mitigate the vulnerabilities associated with unescorted access privileges granted to airport operators and air carriers, and their workers;
"(F) the recent security breaches at domestic and foreign airports; and
"(G) the recent security improvements at domestic airports, including the implementation of recommendations made by relevant advisory committees, including the ASAC.
"(b)
"(1) a report on the results of the assessment under subsection (a), including any recommendations for improving aviation security;
"(2) a report on the implementation status of any recommendations made by the ASAC; and
"(3) regular updates about the insider threat environment as new information becomes available or as needed.
"(a)
"(1)
"(2)
"(A) increased fines and advanced oversight for airport operators that report missing more than five percent of credentials for unescorted access to any SIDA of an airport;
"(B) best practices for Category X airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport;
"(C) additional audits and status checks for airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport;
"(D) review and analysis of the prior five years of audits for airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport;
"(E) increased fines and direct enforcement requirements for both airport workers and their employers that fail to report within 24 hours an employment termination or a missing credential for unescorted access to any SIDA of an airport; and
"(F) a method for termination by the employer of any airport worker who fails to report in a timely manner missing credentials for unescorted access to any SIDA of an airport.
"(b)
"(c)
"(1) notify the appropriate congressional committees each time an airport operator reports that more than three percent of credentials for unescorted access to any SIDA at a Category X airport are missing, or more than five percent of credentials to access any SIDA at any other airport are missing; and
"(2) submit to the appropriate congressional committees an annual report on the number of violations and fines related to unescorted access to the SIDA of an airport collected in the preceding fiscal year.
"(a)
"(b)
"(1)
"(A) issue guidance for transportation security inspectors to annually review the procedures of airport operators and air carriers for applicants seeking unescorted access to any SIDA of an airport; and
"(B) make available to airport operators and air carriers information on identifying suspicious or fraudulent identification materials.
"(2)
"(a)
"(1)
"(2)
"(3)
"(A) ensure there exists or is developed a waiver process for approving the issuance of credentials for unescorted access to any SIDA of an airport for an individual found to be otherwise ineligible for such credentials; and
"(B) consider, as appropriate and practicable—
"(i) the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk or a risk to aviation security warranting denial of the credential; and
"(ii) the elements of the appeals and waiver process established under section 70105(c) of title 46, United States Code.
"(4)
"(5)
"(A) a specific need exists for providing the individual with unescorted access authority; and
"(B) the individual has certified to the airport or aircraft operator that the individual understands the requirements for possessing a SIDA badge.
"(6)
"(7)
"(b)
"(1)
"(2)
"(A) any status notifications the TSA receives through the Rap Back service about criminal offenses be limited to only disqualifying criminal offenses in accordance with the regulations promulgated by the TSA under section 44903 of title 49, United States Code, or other Federal law; and
"(B) any information received by the Administration through the Rap Back service is provided directly and immediately to the relevant airport and aircraft operators.
"(3)
"(c)
"(d)
"(a)
"(b)
"(1) adherence to access point procedures;
"(2) proper use of credentials;
"(3) differences in access point requirements between airport workers performing functions on the airside of an airport and airport workers performing functions in other areas of an airport;
"(4) differences in access point characteristics and requirements at airports; and
"(5) any additional factors the Administrator considers necessary to measure performance.
"(a)
"(1) use intelligence, scientific algorithms, and risk-based factors;
"(2) ensure integrity, accountability, and control;
"(3) subject airport workers to random physical security inspections conducted by TSA representatives in accordance with this section;
"(4) appropriately manage the number of SIDA access points to improve supervision of and reduce unauthorized access to SIDAs; and
"(5) include validation of identification materials, such as with biometrics.
"(b)
"(1) verify the credentials of such airport workers;
"(2) determine whether such airport workers possess prohibited items, except for those items that may be necessary for the performance of such airport workers' duties, as appropriate, in any SIDA of an airport; and
"(3) verify whether such airport workers are following appropriate procedures to access any SIDA of an airport.
"(c)
"(1)
"(A) comprehensive airport worker screening at access points to secure areas;
"(B) comprehensive perimeter screening, including vehicles;
"(C) enhanced fencing or perimeter sensors; and
"(D) any additional airport worker screening or perimeter security measures the Administrator identifies.
"(2)
"(A) identify best practices for additional access control and airport worker security at airports; and
"(B) disseminate to airport operators the best practices identified under subparagraph (A).
"(3)
"(a)
"(b)
"(c)
"(1)
"(2)
"(a)
"(1) determine whether each such security directive continues to be relevant;
"(2) determine whether such security directives should be streamlined or consolidated to most efficiently maximize risk reduction; and
"(3) update, consolidate, or revoke any security directive as necessary.
"(b)
"(1) the extent to which each such security directive responds to a specific threat, security threat assessment, or emergency situation against civil aviation; and
"(2) when it is anticipated that each such security directive will expire.
"Not later than one year after the date of the enactment of this Act [July 15, 2016], the Comptroller General of the United States shall—
"(1) assess the progress made by the TSA and the effect on aviation security of implementing the requirements under sections 3402 through 3409 of this subtitle; and
"(2) report to the appropriate congressional committees on the results of the assessment under paragraph (1), including any recommendations.
"(a)
"(b)
"(a)
"(b)
"(1) the configuration of a checkpoint;
"(2) technology innovation;
"(3) ways to address any vulnerabilities identified in audits of checkpoint operations;
"(4) ways to prevent security breaches at airports at which Federal security screening is provided;
"(5) best practices in aviation security;
"(6) recommendations from airports and aircraft operators, and any relevant advisory committees; and
"(7) 'curb to curb' processes and procedures.
"(c)
"(a)
"(b)
"(1) select airports from among airports classified by the TSA as Category X airports and that are able to begin the reconfiguration and installation of security systems expeditiously; and
"(2) give priority to an airport that—
"(A) submits a proposal that seeks Federal funding for reconfiguration of such airport's security systems;
"(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and
"(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided [sic] funding towards the cost of such pilot program.
"(a)
"(b)
"(1) select airports from among airports classified by the TSA as Category X airports that are able to begin the reconfiguration and installation of security systems expeditiously;
"(2) consider detection capabilities; and
"(3) give priority to an airport that—
"(A) submits a proposal that seeks Federal funding to test prototypes for new airport security systems;
"(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and
"(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided [sic] funding towards the cost of such pilot program.
"Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and a report on the pilot programs established under sections 3502 and 3503 of this subtitle.
"The Administrator shall carry out the pilot programs established under sections 3502 and 3503 of this subtitle using amounts—
"(1) appropriated to the TSA before the date of the enactment of this Act [July 15, 2016] and available for obligation as of such date of enactment; and
"(2) amounts obtained as reimbursements from airports under such pilot programs.
"The Administrator, in carrying out the functions of the pilot programs established under sections 3502 and 3503 of this subtitle, may accept services, supplies, equipment, personnel, or facilities, without reimbursement, from any other public or private entity."
Pub. L. 110–53, title XVI, §1610, Aug. 3, 2007, 121 Stat. 484, provided that:
"(a)
"(1)
"(2)
"(A) to deploy technologies described in paragraph (1); and
"(B) to test technologies to expedite the recovery, development, and analysis of information from aircraft accidents to determine the cause of the accident, including deployable flight deck and voice recorders and remote location recording devices.
"(b)
Pub. L. 109–295, title V, §518, Oct. 4, 2006, 120 Stat. 1380, provided that: "The Secretary of Homeland Security, in consultation with industry stakeholders, shall develop standards and protocols for increasing the use of explosive detection equipment to screen air cargo when appropriate."
Similar provisions were contained in the following prior appropriation act:
Pub. L. 109–90, title V, §524, Oct. 18, 2005, 119 Stat. 2086.
Pub. L. 109–90, title V, §525, Oct. 18, 2005, 119 Stat. 2086, as amended by Pub. L. 114–113, div. F, title V, §510(c), Dec. 18, 2015, 129 Stat. 2514, 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."
Pub. L. 108–458, title IV, §4019(a), (b), Dec. 17, 2004, 118 Stat. 3721, provided that:
"(a)
"(b)
Pub. L. 108–458, title IV, §4020, Dec. 17, 2004, 118 Stat. 3722, provided that:
"(a)
"(b)
Pub. L. 108–458, title IV, §4051, Dec. 17, 2004, 118 Stat. 3728, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), beginning not later than 180 days after Dec. 17, 2004, to 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, and directed the Assistant Secretary to provide incentives to air carriers to volunteer to participate in such program.
Pub. L. 108–458, title IV, §4052, Dec. 17, 2004, 118 Stat. 3728, provided that:
"(a)
"(b)
"(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)
"(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)
"(1)
"(2)
Pub. L. 108–458, title VII, §7220, Dec. 17, 2004, 118 Stat. 3835, provided that:
"(a)
"(1)
"(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)
"(3)
"(b)
"(1)
"(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)
"(3)
"(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)
"(A)
"(B)
"(5)
"(A)
"(B)
"(C)
"(6)
"(7)
"(A)
"(B)
"(C)
"(D)
"(E)
"(8)
"(A)
"(B)
"(C)
"(D)
"(c)
"(1)
"(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)
"(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)
"(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."
Pub. L. 107–71, title I, §110(c), Nov. 19, 2001, 115 Stat. 616, provided that, not later than 1 year after Nov. 19, 2001, the Administrator of the Transportation Security Administration would deploy at all airports in the United States where screening is required under this section 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 this section and also not later than 1 year after Nov. 19, 2001, certify to Congress that this requirement was met.
Pub. L. 107–71, title I, §110(d), Nov. 19, 2001, 115 Stat. 616, provided that:
"(1)
"(A) an installation schedule;
"(B) the dates of installation of each system; and
"(C) the date on which each system installed is operational.
"(2)
Pub. L. 104–264, title III, §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."
Pub. L. 104–264, title III, §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."
Pub. L. 104–264, title III, §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, §143, Dec. 12, 2003, 117 Stat. 2503.
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".
Pub. L. 100–649, §2(d), Nov. 10, 1988, 102 Stat. 3817, required the Administrator of the Federal Aviation Administration to conduct such research and development as necessary to improve airport security metal detectors and airport security x-ray systems in detecting firearms that were subject to the prohibitions of section 922(p) of Title 18, Crimes and Criminal Procedure.
Pub. L. 108–458, title IV, §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)
"(2)
"(3)
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.
1 So in original. Probably should be "committees".
2 See References in Text note below.
(a)
(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)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(2), Oct. 5, 2018, 132 Stat. 3630.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44902(a) | 49 App.:1511(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1111; added Sept. 5, 1961, Pub. L. 87–197, §4, 75 Stat. 467; restated Aug. 5, 1974, Pub. L. 93–366, §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.
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(2)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.
Subsec. (b). Pub. L. 115–254, §1991(d)(2)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
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, §101(f)(7), substituted "Under Secretary" for "Administrator".
(a)
(1)
(2)
(A) authorized to carry and use firearms;
(B) vested with the degree of the police power of arrest the Administrator considers necessary to carry out this section; and
(C) identifiable by appropriate indicia of authority.
(b)
(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)
(2)(A) The Administrator 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 Administrator 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 Administrator 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)
(3)
(d)
(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)
(f)
(g)
(1)
(A)
(B)
(2)
(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 Administrator 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 Administrator'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 Administrator'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)
(1)
(2)
(3)
(4)
(A) shall require 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); 1
(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 subsection (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 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)
(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)
(A)
(i) implement this paragraph by publication in the Federal Register; and
(ii) establish a national registered armed law enforcement program, that shall be federally managed, for law enforcement officers needing to be armed when traveling by commercial aircraft.
(B)
(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;
(ii) establish a system for law enforcement officers who need to be armed when traveling by commercial aircraft on a regular basis and for those who need to be armed during temporary travel assignments;
(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;
(iv) apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and
(v) establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board a commercial aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer.
(C)
(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed and the reason is within the scope of the duties of such officer;
(ii) to preserve the anonymity of the armed law enforcement officer;
(iii) to resolve failures to enroll, false matches, and false nonmatches relating to the use of the law enforcement travel credential or system;
(iv) to determine the method of issuance of the biometric credential to law enforcement officers needing to be armed when traveling by commercial aircraft;
(v) to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use;
(vi) to coordinate the program with the Federal Air Marshal Service, including the force multiplier program of the Service; and
(vii) to implement a phased approach to launching the program, addressing the immediate needs of the relevant Federal agent population before expanding to other law enforcement populations.
(7)
(A)
(B)
(C)
(D)
(E)
(F)
(i)
(1)
(2)
(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)
(j)
(1)
(2)
(A)
(i) is used to evaluate all passengers before they board an aircraft; and
(ii) includes procedures to ensure that individuals selected by the program and their carry-on and checked baggage are adequately screened.
(B)
(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)
(i)
(ii)
(iii)
(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)
(I) shall require air carriers to supply to the Administrator 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).
(v)
(D)
(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)
(i)
(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)
(iii)
(F)
(G)
(i)
(ii)
(H)
(k)
(l)
(1)
(2)
(A)
(B)
(C)
(m)
(1)
(2)
(A) leveraging existing security screening models used to reduce passenger wait times;
(B) establishing standard guidelines for the screening of military uniform items, including combat boots; and
(C) incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note), or into the development of any new credential or system that incorporates biometric technology and other applicable technologies to verify the identity of individuals traveling in air transportation.
(3)
(4)
(n)
(1)
(2)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1205; Pub. L. 106–181, title VII, §717, Apr. 5, 2000, 114 Stat. 163; Pub. L. 106–528, §§4, 6, Nov. 22, 2000, 114 Stat. 2520, 2521; Pub. L. 107–71, title I, §§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, §§1405, 1406, Nov. 25, 2002, 116 Stat. 2307; Pub. L. 108–176, title VI, §606(a), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 108–458, title IV, §§4011(a), 4012(a)(1), Dec. 17, 2004, 118 Stat. 3712, 3714; Pub. L. 110–53, title XVI, §1615(a), Aug. 3, 2007, 121 Stat. 486; Pub. L. 111–83, title V, §553, Oct. 28, 2009, 123 Stat. 2179; Pub. L. 112–86, §2(a), Jan. 3, 2012, 125 Stat. 1874; Pub. L. 113–67, div. A, title VI, §603, Dec. 26, 2013, 127 Stat. 1188; Pub. L. 115–254, div. K, title I, §1991(d)(3), Oct. 5, 2018, 132 Stat. 3630.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44903(a) | 49 App.:1357(f). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(a), (b), (e)(2), (3), (f); added Aug. 5, 1974, Pub. L. 93–366, §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, §316(g); added Aug. 15, 1990, Pub. L. 101–370, §2, 104 Stat. 451. |
| 44903(d) | 49 App.:1356b. | Aug. 8, 1985, Pub. L. 99–83, §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.
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.
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.
2018—Pub. L. 115–254, §1991(d)(3)(I), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(3)(A), substituted "Definitions" for "Definition" in heading and "In this section:" for "In this section, 'law enforcement personnel' means individuals—" in introductory provisions, added par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C) of par. (2), inserted before subpar. (A) "(2)
Subsec. (d). Pub. L. 115–254, §1991(d)(3)(B), substituted "Administrator" for "Secretary of Transportation" in introductory provisions.
Subsec. (g)(2)(E), (F). Pub. L. 115–254, §1991(d)(3)(C), substituted "Administrator's" for "Under Secretary's".
Subsec. (h)(3). Pub. L. 115–254, §1991(d)(3)(D)(i), substituted "Secretary of Homeland Security" for "Secretary".
Subsec. (h)(4)(A). Pub. L. 115–254, §1991(d)(3)(D)(ii)(I), struck out ", as soon as practicable after the date of enactment of this subsection," after "shall require".
Subsec. (h)(4)(C)(i). Pub. L. 115–254, §1991(d)(3)(D)(ii)(II), substituted "subsection (c)" for "section 44903(c)".
Subsec. (h)(4)(E). Pub. L. 115–254, §1991(d)(3)(D)(ii)(III), struck out ", not later than March 31, 2005," after "shall issue".
Subsec. (h)(5). Pub. L. 115–254, §1991(d)(3)(D)(iii), substituted "Administrator" for "Assistant Secretary of Homeland Security (Transportation Security Administration)" in introductory provisions.
Subsec. (h)(6)(A). Pub. L. 115–254, §1991(d)(3)(D)(iv)(I), substituted "The" for "Not later than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the" in introductory provisions.
Subsec. (h)(6)(A)(i). Pub. L. 115–254, §1991(d)(3)(D)(iv)(II), substituted "paragraph" for "section".
Subsec. (h)(6)(C). Pub. L. 115–254, §1991(d)(3)(D)(v), substituted "Secretary of Homeland Security" for "Secretary" in introductory provisions.
Subsec. (i)(3). Pub. L. 115–254, §1991(d)(3)(E), struck out ", after the date of enactment of this paragraph," after "If".
Subsec. (j)(1). Pub. L. 115–254, §1991(d)(3)(F)(i), amended par. (1) generally. Prior to amendment, par. (1) required the Under Secretary of Transportation for Security to recommend to airport operators, within 6 months after Nov. 19, 2001, commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons.
Subsec. (j)(2). Pub. L. 115–254, §1991(d)(3)(F)(ii)(VII), substituted "Administrator" for "Assistant Secretary" wherever appearing.
Pub. L. 115–254, §1991(d)(3)(F)(ii)(I), substituted "Secure flight program" for "Computer-assisted passenger prescreening system" in heading.
Subsec. (j)(2)(A). Pub. L. 115–254, §1991(d)(3)(F)(ii)(II), substituted "Administrator" for "Secretary of Transportation", "Secure Flight program" for "Computer-Assisted Passenger Prescreening System", and, in two places, "program" for "system".
Subsec. (j)(2)(B). Pub. L. 115–254, §1991(d)(3)(F)(ii)(III), in introductory provisions, substituted "Administrator" for "Secretary of Transportation", "Secure Flight program" for "Computer-Assisted Passenger Prescreening System", and "Administrator" for "Secretary".
Subsec. (j)(2)(C)(i). Pub. L. 115–254, §1991(d)(3)(F)(ii)(IV)(aa), substituted "The Administrator" for "Not later than January 1, 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary,".
Subsec. (j)(2)(C)(ii). Pub. L. 115–254, §1991(d)(3)(F)(ii)(IV)(bb), substituted "The" for "Not later than 180 days after completion of testing under clause (i), the".
Subsec. (j)(2)(C)(iv). Pub. L. 115–254, §1991(d)(3)(F)(ii)(IV)(cc), substituted "After" for "Not later than 180 days after" in introductory provisions.
Subsec. (j)(2)(D). Pub. L. 115–254, §1991(d)(3)(F)(ii)(V), substituted "Administrator" for "Assistant Secretary of Homeland Security (Transportation Security Administration)" in introductory provisions.
Subsec. (j)(2)(E)(i). Pub. L. 115–254, §1991(d)(3)(F)(ii)(VI), substituted "The Administrator" for "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" in introductory provisions.
Subsec. (l)(1). Pub. L. 115–254, §1991(d)(3)(G), substituted "Administrator" for "Under Secretary for Border and Transportation Security of the Department of Homeland Security".
Subsec. (m). Pub. L. 115–254, §1991(d)(3)(H)(ii), substituted "Administrator" for "Assistant Secretary" wherever appearing.
Subsec. (m)(1). Pub. L. 115–254, §1991(d)(3)(H)(i), substituted "Administrator" for "Assistant Secretary of Homeland Security (Transportation Security Administration)".
2013—Subsec. (n). Pub. L. 113–67 added subsec. (n).
2012—Subsec. (m). Pub. L. 112–86 added subsec. (m).
2009—Subsec. (j)(2)(C)(v). Pub. L. 111–83 added cl. (v).
2007—Subsec. (h)(6). Pub. L. 110–53 amended par. (6) generally. Prior to amendment, par. (6) related to establishment of a uniform law enforcement officer travel credential incorporating biometric identifier technology not later than 120 days after Dec. 17, 2004.
2004—Subsec. (h)(4)(E). Pub. L. 108–458, §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, §4011(a)(2), added pars. (5) to (7).
Subsec. (j)(2)(C) to (H). Pub. L. 108–458, §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, §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, §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, §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, §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, §1405(b)(2), substituted "Under Secretary" for "Secretary" in two places in introductory provisions.
Subsec. (i)(3). Pub. L. 107–296, §1405(a), added par. (3).
Subsec. (j). Pub. L. 107–296, §1406(1), redesignated subsec. (i) as (j).
Subsec. (k). Pub. L. 107–296, §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, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places in introductory provisions.
Subsec. (c)(1), (2)(A), (B). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.
Subsec. (c)(2)(C). Pub. L. 107–71, §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, §106(d), added par. (3).
Subsecs. (e), (f), (g)(1)(A), (B). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.
Subsec. (g)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (g)(2)(A). Pub. L. 107–71, §106(c)(1), substituted "weaknesses;" for "weaknesses by January 31, 2001;".
Subsec. (g)(2)(D). Pub. L. 107–71, §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, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (g)(2)(E). Pub. L. 107–71, §101(f)(8), substituted "Under Secretary's" for "Administrator's".
Subsec. (g)(2)(F). Pub. L. 107–71, §§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, §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, §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, §126(b), added subsec. (h) relating to authority to arm flight deck crews with less-than-lethal weapons.
Pub. L. 107–71, §106(a), added subsec. (h) relating to improved airport perimeter access security.
Subsec. (i). Pub. L. 107–71, §136, added subsec. (i).
2000—Subsec. (c)(2)(C). Pub. L. 106–528, §6, added subpar. (C).
Subsec. (f). Pub. L. 106–181 added subsec. (f).
Subsec. (g). Pub. L. 106–528, §4, added subsec. (g).
Pub. L. 112–86, §2(b), Jan. 3, 2012, 125 Stat. 1875, provided that: "Not later than 180 days after the date of enactment of this Act [Jan. 3, 2012], the Assistant Secretary shall implement the plan required by this Act [amending this section and enacting provisions set out as a note under section 40101 of this title]."
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.
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.
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.
Pub. L. 115–254, div. B, title III, §336, Oct. 5, 2018, 132 Stat. 3281, provided that:
"(a)
"(b)
Pub. L. 115–254, div. B, title III, §§339A, 339B, Oct. 5, 2018, 132 Stat. 3282, 3283, provided that:
"(a)
"(1) review current practices, protocols and requirements of air carriers in responding to allegations of sexual misconduct by passengers onboard aircraft, including training, reporting and data collection; and
"(2) provide recommendations on training, reporting and data collection regarding allegations of sexual misconduct occurring on passenger airline flights that are informed by the review of information described in paragraph (1) and subsection (c)(5) on passengers who have experienced sexual misconduct onboard aircraft.
"(b)
"(1) [the] Department of Transportation;
"(2) [the] Department of Justice, including the Federal Bureau of Investigation, Office of Victims for Crimes [sic], and the Office on Violence Against Women;
"(3) National organizations that specialize in providing services to sexual assault victims;
"(4) labor organizations that represent flight attendants;
"(5) labor organizations that represent pilots;
"(6) airports;
"(7) air carriers;
"(8) State and local law enforcement agencies; and
"(9) such other Federal agencies and stakeholder organizations as the Secretary of Transportation considers appropriate.
"(c)
"(1) issue recommendations for addressing allegations of sexual misconduct by passengers onboard aircraft, including airline employee and contractor training;
"(2) issue recommendations on effective ways for passengers involved in incidents of alleged sexual misconduct to report such allegation of sexual misconduct;
"(3) issue recommendations on how to most effectively provide data on instances of alleged sexual misconduct onboard aircraft and to whom the data collected should be reported in a manner that protects the privacy and confidentiality of individuals involved in incidents of alleged sexual misconduct and precludes the release of data that publically identifies an individual air carrier to enable better understanding of the frequency and severity of such misconduct;
"(4) issue recommendations for flight attendants, pilots, and other appropriate airline personnel on law enforcement notification in incidents of alleged sexual misconduct;
"(5) review and utilize first-hand accounts from passengers who have experienced sexual misconduct onboard aircraft; and
"(6) other matters deemed necessary by the Task Force.
"(d)
"(e)
"(f)
"(g)
"(a)
"(b)
"(1) the Office for Victims of Crime and the Office on Violence Against Women of the Department of Justice;
"(2) the Federal Bureau of Investigation; and
"(3) the Department of Transportation."
Pub. L. 115–254, div. B, title V, §551, Oct. 5, 2018, 132 Stat. 3378, provided that:
"(a)
"(b)
"(1) Reporting protocols for air carrier customer service agents who have been the victim of a verbal or physical assault.
"(2) Protocols for the immediate notification of law enforcement after an incident of verbal or physical assault committed against an air carrier customer service agent.
"(3) Protocols for informing Federal law enforcement with respect to violations of section 46503 of title 49, United States Code.
"(4) Protocols for ensuring that a passenger involved in a violent incident with a customer service agent of an air carrier is not allowed to move through airport security or board an aircraft until appropriate law enforcement has had an opportunity to assess the incident and take appropriate action.
"(5) Protocols for air carriers to inform passengers of Federal laws protecting Federal, airport, and air carrier employees who have security duties within an airport.
"(c)
"(d)
"(1) complete a study of crimes of violence (as defined in section 16 of title 18, United States Code) committed against airline customer service representatives while they are performing their duties and on airport property; and
"(2) submit the findings of the study, including any recommendations, to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives].
"(e)
Pub. L. 115–254, div. K, title I, §1915, Oct. 5, 2018, 132 Stat. 3555, provided that:
"(a)
"(1) shall conduct a review to determine whether the TSA [Transportation Security Administration] is the most appropriate component within the Department [of Homeland Security] to administer the Transportation Security Laboratory; and
"(2) may direct the TSA to administer the Transportation Security Laboratory if the review under paragraph (1) identifies the TSA as the most appropriate component.
"(b)
"(c)
Pub. L. 115–254, div. K, title I, §1920, Oct. 5, 2018, 132 Stat. 3560, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(1) the extent of airport participation in the pilot program and how the program was implemented;
"(2) the results of the pilot program and any reported benefits, including the impact on security and any cost-related efficiencies realized by TSA [Transportation Security Administration] or at the participating airports; and
"(3) the feasibility of expanding the pilot program to additional airports, including to medium and large hub airports."
Pub. L. 115–254, div. K, title I, §1934, Oct. 5, 2018, 132 Stat. 3572, provided that:
"(a)
"(b)
"(c)
"(1)
"(A)
"(B)
"(2)
"(d)
"(e)
"(f)
"(g)
"(h)
"(1)
"(2)
"(A) the results of such testing to—
"(i) the airport operator for the airport that is the subject of any such testing; and
"(ii) as appropriate, to air carriers and foreign air carriers that operate at the airport that is the subject of such testing; and
"(B) recommendations and technical assistance for air carriers, foreign air carriers, and airport operators to conduct their own employee inspections, as needed.
"(3)
"(i)
"(1)
"(A) subject to paragraph (2), establish a national, centralized database of the names of each individual who—
"(i) has had an airport-issued badge revoked for failure to comply with aviation security requirements; or
"(ii) has had an aircraft operator-issued badge revoked for failure to comply with aviation security requirements;
"(B) determine the appropriate reporting mechanisms for air carriers, foreign air carriers, and airport operators—
"(i) to submit to the Administration data regarding an individual described in subparagraph (A); and
"(ii) to access the database; and
"(C) establish a process to allow an individual whose name is mistakenly entered into the database to correct the record and have the individual's name expunged from the database.
"(2)
"(A) a violation of a security requirement; or
"(B) a determination that the individual poses a threat to aviation security."
[For definitions of terms used in section 1934 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Pub. L. 115–254, div. K, title I, §1935, Oct. 5, 2018, 132 Stat. 3574, provided that:
"(a)
"(1) to increase the presence of law enforcement officers in the public areas of airports, including baggage claim, ticket counters, and nearby roads;
"(2) to increase the presence of law enforcement officers at screening checkpoints;
"(3) to reduce the response times of law enforcement officers during security incidents; and
"(4) to provide visible deterrents to potential terrorists.
"(b)
"(c)
"(d)
Pub. L. 115–254, div. K, title I, §1936, Oct. 5, 2018, 132 Stat. 3575, provided that:
"(a)
"(1)
"(A) not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], update the Transportation Sector Security Risk Assessment (referred to in this section as the 'TSSRA'); and
"(B) not later than 90 days after the date the TSSRA is updated under subparagraph (A)—
"(i) update with the most currently available intelligence information the Comprehensive Risk Assessment of Perimeter and Access Control Security (referred to in this section as the 'Risk Assessment of Airport Security');
"(ii) establish a regular schedule for periodic updates to the Risk Assessment of Airport Security; and
"(iii) conduct a system-wide assessment of airport access control points and airport perimeter security.
"(2)
"(A) include updates reflected in the TSSRA and Joint Vulnerability Assessment findings;
"(B) reflect changes to the risk environment relating to airport access control points and airport perimeters;
"(C) use security event data for specific analysis of system-wide trends related to airport access control points and airport perimeter security to better inform risk management decisions; and
"(D) consider the unique geography of and current best practices used by airports to mitigate potential vulnerabilities.
"(3)
"(A) the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives];
"(B) relevant Federal departments and agencies; and
"(C) airport operators.
"(b)
"(1)
"(2)
"(A) information from the Risk Assessment of Airport Security; and
"(B) information on—
"(i) airport security-related activities;
"(ii) the status of TSA [Transportation Security Administration] efforts to address the objectives of the National Strategy;
"(iii) finalized outcome-based performance measures and performance levels for—
"(I) each activity described in clause (i); and
"(II) each objective described in clause (ii); and
"(iv) input from airport operators.
"(3)
Pub. L. 115–254, div. K, title I, §1949, Oct. 5, 2018, 132 Stat. 3588, provided that:
"(a)
"(1)
"(A) is a citizen of the United States or alien lawfully admitted for permanent residence;
"(B) has filed the inquiry with DHS TRIP after receiving enhanced screening at an airport passenger security checkpoint more than 3 times in any 60-day period; and
"(C) believes the individual has been wrongly identified as being a threat to aviation security.
"(2)
"(b)
"(1)
"(2)
"(A) publish the Secure Flight Privacy Impact Assessment review and update required under paragraph (1) on a publicly-accessible internet webpage of the TSA [Transportation Security Administration]; and
"(B) submit the Secure Flight Privacy Impact Assessment review and update to the appropriate committees of Congress.
"(c)
"(1)
"(2)
"(3)
"(A) The Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of the TSA.
"(B) The Office of Civil Rights and Liberties of the Department [of Homeland Security].
"(C) The Office of Chief Counsel of the TSA.
"(D) The Office of General Counsel of the Department.
"(E) The Privacy Office of the Administration.
"(F) The Privacy Office of the Department.
"(G) The Federal Air Marshal Service.
"(H) The Traveler Redress Inquiry Program of the Department.
"(d)
"(1)
"(2)
"(e)
"(1) study the rules identified under subsection (c)(1), including—
"(A) whether the rules are effective in mitigating potential threats to aviation security; and
"(B) whether, and if so how, the TSA coordinates with the Department regarding any proposed change to a rule; and
"(2) submit to the appropriate committees of Congress a report on the findings under paragraph (1), including any recommendations."
Pub. L. 115–254, div. K, title I, §1952, Oct. 5, 2018, 132 Stat. 3592, provided that:
"(a)
"(b)
"(1) the reasons for the delay in deploying the system; and
"(2) a detailed schedule of actions necessary for the deployment of the system.
"(c)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(A)
"(i) is not a commercial service airport; and
"(ii) is receiving screening services for scheduled passenger aircraft.
"(B)
"(C)
"(d)
"(1) The recommendation regarding general aviation access to Ronald Reagan Washington National Airport, as adopted on February 17, 2015.
"(2) The recommendation regarding the vetting of persons seeking flight training in the United States, as adopted on July 28, 2016.
"(3) Any other such recommendations relevant to the security of general aviation adopted before the date of the enactment of this Act.
"(e)
"(f)
[For definitions of terms used in section 1952 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Pub. L. 115–254, div. K, title I, §1961, Oct. 5, 2018, 132 Stat. 3600, provided that:
"(a)
"(b)
Pub. L. 115–254, div. B, title V, §509, Oct. 5, 2018, 132 Stat. 3355, provided that:
"(a)
"(b)
"(1) assess the degree to which the framework identifies and addresses known cybersecurity risks associated with the aviation system;
"(2) review existing short- and long-term objectives for addressing cybersecurity risks to the national airspace system; and
"(3) assess the [Federal Aviation] Administration's level of engagement and coordination with aviation stakeholders and other appropriate agencies, organizations, or groups with which the Administration consults to carry out the framework.
"(c)
"(d)
Pub. L. 114–190, title II, §2111, July 15, 2016, 130 Stat. 625, provided that:
"(a)
"(1)
"(2)
"(A) identify and address the cybersecurity risks associated with—
"(i) the modernization of the national airspace system;
"(ii) the automation of aircraft, equipment, and technology; and
"(iii) aircraft systems, including by—
"(I) directing the Aircraft Systems Information Security Protection Working Group—
"(aa) to assess cybersecurity risks to aircraft systems;
"(bb) to review the extent to which existing rulemaking, policy, and guidance to promote safety also promote aircraft systems information security protection; and
"(cc) to provide appropriate recommendations to the Administrator if separate or additional rulemaking, policy, or guidance is needed to address cybersecurity risks to aircraft systems; and
"(II) identifying and addressing—
"(aa) cybersecurity risks associated with in-flight entertainment systems; and
"(bb) whether in-flight entertainment systems can and should be isolated and separate, such as through an air gap, under existing rulemaking, policy, and guidance;
"(B) clarify cybersecurity roles and responsibilities of offices and employees of the Federal Aviation Administration, as the roles and responsibilities relate to cybersecurity at the Federal Aviation Administration;
"(C) identify and implement objectives and actions to reduce cybersecurity risks to air traffic control information systems, including actions to improve implementation of information security standards, such as those of the National Institute of Standards and Technology;
"(D) support voluntary efforts by industry, RTCA, Inc., and other standards-setting organizations to develop and identify consensus standards and best practices relating to guidance on aviation systems information security protection, consistent, to the extent appropriate, with the cybersecurity risk management activities described in section 2(e) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e));
"(E) establish guidelines for the voluntary exchange of information between and among aviation stakeholders pertaining to aviation-related cybersecurity incidents, threats, and vulnerabilities;
"(F) identify short- and long-term objectives and actions that can be taken in response to cybersecurity risks to the national airspace system; and
"(G) identify research and development activities to inform actions in response to cybersecurity risks.
"(3)
"(A) coordinate with aviation stakeholders, including, at a minimum, representatives of industry, airlines, manufacturers, airports, RTCA, Inc., and unions;
"(B) consult with the heads of relevant agencies and with international regulatory authorities;
"(C) if determined appropriate, convene an expert panel or working group to identify and address cybersecurity risks; and
"(D) evaluate, on a periodic basis, the effectiveness of the principles established under this subsection.
"(b)
"(c)
"(d)
"(1) a cybersecurity standards plan to improve implementation of the National Institute of Standards and Technology's latest revisions to information security guidance for Federal Aviation Administration information and Federal Aviation Administration information systems within set timeframes; and
"(2) an explanation of why any such revisions are not incorporated in the plan or are not incorporated within set timeframes.
"(e)
"(1) any proposal for research and development cooperation with international partners;
"(2) an evaluation and determination of research and development needs to determine any cybersecurity risks of cabin communications and cabin information technology systems on board in the passenger domain; and
"(3) objectives, proposed tasks, milestones, and a 5-year budgetary profile."
Pub. L. 114–50, Sept. 24, 2015, 129 Stat. 490, provided that:
"This Act may be cited as the 'Gerardo Hernandez Airport Security Act of 2015'.
"In this Act:
"(1)
"(2)
"(a)
"(b)
"(1) A strategy for evacuating and providing care to persons inside the perimeter of the airport, with consideration given to the needs of persons with disabilities.
"(2) A plan for establishing a unified command, including identification of staging areas for non-airport-specific law enforcement and fire response.
"(3) A schedule for regular testing of communications equipment used to receive emergency calls.
"(4) An evaluation of how emergency calls placed by persons inside the perimeter of the airport will reach airport police in an expeditious manner.
"(5) A practiced method and plan to communicate with travelers and all other persons inside the perimeter of the airport.
"(6) To the extent practicable, a projected maximum timeframe for law enforcement response to active shooters, acts of terrorism, and incidents that target passenger security-screening checkpoints.
"(7) A schedule of joint exercises and training to be conducted by the airport, the Administration, other stakeholders such as airport and airline tenants, and any relevant law enforcement, airport police, fire, and medical personnel.
"(8) A schedule for producing after-action joint exercise reports to identify and determine how to improve security incident response capabilities.
"(9) A strategy, where feasible, for providing airport law enforcement with access to airport security video surveillance systems at category X airports where those systems were purchased and installed using Administration funds.
"(c)
"The Assistant Secretary shall—
"(1) identify best practices that exist across airports for security incident planning, management, and training; and
"(2) establish a mechanism through which to share such best practices with other airport operators nationwide.
"Not later than 90 days after the date of enactment of this Act [Sept. 24, 2015], and annually thereafter, the Assistant Secretary shall certify in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that all screening personnel have participated in practical training exercises for active shooter scenarios.
"Not later than 90 days after the enactment of this Act [Sept. 24, 2015], the Assistant Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of how the Administration can use cost savings achieved through efficiencies to increase over the next 5 fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements.
"(a)
"(b)
"(1) A strategy for evacuating and providing care to individuals, with consideration given to the needs of persons with disabilities.
"(2) A plan for establishing a unified command.
"(3) A plan for frontline employees to receive active shooter training.
"(4) A schedule for regular testing of communications equipment used to receive emergency calls.
"(5) An evaluation of how emergency calls placed by individuals using the transportation system will reach police in an expeditious manner.
"(6) A practiced method and plan to communicate with individuals using the transportation system.
"(c)
"(d)
"No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise available for such purpose.
"(a)
"(b)
Pub. L. 113–6, div. D, title II, Mar. 26, 2013, 127 Stat. 349, provided in part: "That the Administrator of the Transportation Security Administration shall, within 270 days of the date of enactment of this Act [Mar. 26, 2013], establish procedures allowing members of cabin flight crews of air carriers to participate in the Known Crewmember pilot program, unless the Administrator determines that meeting the requirement within this timeline is not practicable and informs the Committees on Appropriations of the Senate and House of Representatives of the basis for that determination and the new timeline for implementing the requirement".
Pub. L. 110–53, title XVI, §1605, Aug. 3, 2007, 121 Stat. 481, provided that:
"(a)
"(1) describes the system to be utilized by the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Administrator, to the automatic selectee and no-fly lists, utilizing appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government;
"(2) provides a projected timeline for each phase of testing and implementation of the system;
"(3) explains how the system will be integrated with the prescreening system for passengers on international flights; and
"(4) describes how the system complies with section 552a of title 5, United States Code.
"(b) GAO
"(1) describes the progress made by the Transportation Security Administration in implementing the secure flight passenger pre-screening program;
"(2) describes the effectiveness of the current appeals process for passengers wrongly assigned to the no-fly and terrorist watch lists;
"(3) describes the Transportation Security Administration's plan to protect private passenger information and progress made in integrating the system with the pre-screening program for international flights operated by United States Customs and Border Protection;
"(4) provides a realistic determination of when the system will be completed; and
"(5) includes any other relevant observations or recommendations the Comptroller General deems appropriate."
Pub. L. 110–53, title XVI, §1613, Aug. 3, 2007, 121 Stat. 485, provided that:
"(a)
"(b)
"(1) utilize different technologies that protect the integrity of the airport exit lanes from unauthorized entry;
"(2) work with airport officials to deploy such technologies in multiple configurations at a selected airport or airports at which some of the exits are not colocated with a screening checkpoint; and
"(3) ensure the level of security is at or above the level of existing security at the airport or airports where the pilot program is conducted.
"(c)
"(1)
"(A) the airport or airports selected to participate in the pilot program;
"(B) the technologies to be tested;
"(C) the potential savings from implementing the technologies at selected airport exits;
"(D) the types of configurations expected to be deployed at such airports; and
"(E) the expected financial contribution from each airport.
"(2)
"(A) the changes in security procedures and technologies deployed;
"(B) the estimated cost savings at the airport or airports that participated in the pilot program; and
"(C) the efficacy and staffing benefits of the pilot program and its applicability to other airports in the United States.
"(3)
"(A) the Committee on Commerce, Science, and Transportation of the Senate;
"(B) the Committee on Appropriations of the Senate;
"(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(D) the Committee on Homeland Security of the House of Representatives; and
"(E) the Committee on Appropriations of the House of Representatives.
"(d)
Pub. L. 110–53, title XVI, §1614, Aug. 3, 2007, 121 Stat. 486, provided that:
"(a)
"(b)
Pub. L. 108–176, title VI, §607, Dec. 12, 2003, 117 Stat. 2568, provided that:
"(a)
"(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
Pub. L. 108–176, title VIII, §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."
Pub. L. 107–71, title I, §104, Nov. 19, 2001, 115 Stat. 605, provided that:
"(a)
"(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)
"(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)
Pub. L. 107–71, title I, §106(b), Nov. 19, 2001, 115 Stat. 609, provided that:
"(1)
"(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)
"(A)
"(B)
"(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."
Pub. L. 107–71, title I, §106(e), Nov. 19, 2001, 115 Stat. 610, provided that: "The Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] 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."
Pub. L. 107–71, title I, §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."
Pub. L. 107–71, title I, §121, Nov. 19, 2001, 115 Stat. 630, provided that:
"(a)
"(b)
"(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)
Pub. L. 107–71, title I, §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, §1402(b)(2), Nov. 25, 2002, 116 Stat. 2305.
Pub. L. 107–71, title I, §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, §606(b), Dec. 12, 2003, 117 Stat. 2568.
Pub. L. 106–528, §5, Nov. 22, 2000, 114 Stat. 2521, provided that:
"(a)
"(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)
Pub. L. 106–181, title V, §512, Apr. 5, 2000, 114 Stat. 142, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(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)
"(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)
"(A)
"(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)
"(c)
"(1)
"(2)
"(3)
"(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)
"(1) grant a State or local law enforcement officer that is deputized under the program the power to enforce any Federal law that is not described in subsection (c); or
"(2) limit the authority that a State or local law enforcement officer may otherwise exercise in the officer's capacity under any other applicable State or Federal law.
"(e)
"(f)
Pub. L. 104–264, title III, §309, Oct. 9, 1996, 110 Stat. 3253, provided that: "The Secretary of Transportation and the Attorney General, acting through the Administrator of the Federal Aviation Administration and the Director of the Federal Bureau of Investigation, shall enter into an interagency agreement providing for the establishment of an aviation security liaison at existing appropriate Federal agencies' field offices in or near cities served by a designated high-risk airport."
For definitions of terms used in sections 104, 106(b), (e), 117, 121, 128, and 132(a) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.
1 So in original. Probably should be "subsection (c)".
(a)
(b)
(1) the adequacy of security procedures related to the handling and transportation of checked baggage and cargo;
(2) space requirements for security personnel and equipment;
(3) separation of screened and unscreened passengers, baggage, and cargo;
(4) separation of the controlled and uncontrolled areas of airport facilities; and
(5) coordination of the activities of security personnel of the Transportation Security Administration, the United States Customs Service, the Immigration and Naturalization Service, and air carriers, and of other law enforcement personnel.
(c)
(1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and
(2) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, §101(f)(1), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 108–458, title IV, §4001(b), Dec. 17, 2004, 118 Stat. 3712; Pub. L. 115–254, div. K, title I, §1991(d)(4), Oct. 5, 2018, 132 Stat. 3632.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44904(a) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(a), (b), 104 Stat. 3075. |
| 44904(b) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(c), 104 Stat. 3075. |
| 44904(c) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(e), 104 Stat. 3075. |
In subsection (a), the words "domestic air transportation system" are substituted for "domestic aviation system" for consistency in this section.
In subsection (b), before clause (1), the word "Director" is substituted for "Federal Bureau of Investigation" because of 28:532. In clauses (1) and (3), the word "mail" is omitted as being included in "cargo".
In subsection (c), the word "correcting" is substituted for "remedying" for clarity.
2018—Pub. L. 115–254, §1991(d)(4)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(4)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in first sentence.
Subsec. (c). Pub. L. 115–254, §1991(d)(4)(B), substituted "section 114(s)(3)" for "section 114(t)(3)" and "section 114(s)" for "section 114(t)" in introductory provisions.
Subsec. (d). Pub. L. 115–254, §1991(d)(4)(C), substituted "The Administrator of the Transportation Security Administration" for "Not later than 90 days after the date of the submission of the National Strategy for Transportation Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security (Transportation Security Administration)" and "section 114(s)(1)" for "section 114(t)(1)".
2004—Subsecs. (c) to (e). Pub. L. 108–458 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary" for "Administrator" in two places and "of Transportation for Security" for "of the Federal Aviation Administration".
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (b)(5). Pub. L. 107–71, §101(f)(1), substituted "the Transportation Security Administration" for "the Administration".
Subsec. (c). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Pub. L. 104–264, title III, §310, Oct. 9, 1996, 110 Stat. 3253, provided that: "The Administrator of the Federal Aviation Administration and the Director of the Federal Bureau of Investigation shall carry out joint threat and vulnerability assessments on security every 3 years, or more frequently, as necessary, at each airport determined to be high risk."
(a)
(b)
(c)
(A) deciding, on a case-by-case basis, if public notice of a threat is in the best interest of the United States and the traveling public;
(B) ensuring that public notice is provided in a timely and effective way, including the use of a toll-free telephone number; and
(C) canceling the departure of a flight or series of flights under subsection (b) of this section.
(2) The guidelines shall provide for consideration of—
(A) the specificity of the threat;
(B) the credibility of intelligence information related to the threat;
(C) the ability to counter the threat effectively;
(D) the protection of intelligence information sources and methods;
(E) cancellation, by an air carrier or the Administrator of the Transportation Security Administration, of a flight or series of flights instead of public notice;
(F) the ability of passengers and crew to take steps to reduce the risk to their safety after receiving public notice of a threat; and
(G) other factors the Administrator of the Transportation Security Administration considers appropriate.
(d)
(e)
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(5), Oct. 5, 2018, 132 Stat. 3632.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44905(a) | 49 App.:1358d(a). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §321; added Nov. 16, 1990, Pub. L. 101–604, §109(a), 104 Stat. 3078. |
| 44905(b) | 49 App.:1358d(b). | |
| 44905(c)(1) | 49 App.:1358d(c)(1), (d). | |
| 44905(c)(2) | 49 App.:1358d(e). | |
| 44905(d) | 49 App.:1358d(c)(2). | |
| 44905(e) | 49 App.:1358d(f). | |
| 44905(f) | 49 App.:1358d(h). | |
| 44905(g) | 49 App.:1358d(g). |
In subsection (a), the words "employed by an air carrier, airport operator, or ticket agent" are substituted for "employed by such an entity" for clarity. The words "or a designee of the Secretary" are omitted as unnecessary.
In subsections (c)(1), before clause (A), and (d), the words "Not later than 180 days after November 16, 1990" are omitted as obsolete.
In subsection (c)(1)(B), the words "when considered appropriate" are omitted as unnecessary because of the restatement.
In subsection (e), the words "selective potential travelers" are substituted for "only selective potential travelers" to eliminate an unnecessary word.
In subsection (f), the words "departments, agencies, and instrumentalities of the Government" are substituted for "agencies" for clarity and consistency in the revised title and with other titles of the United States Code. The words "However, a restriction on access to that information may be imposed only if the restriction does not diminish" are substituted for "Any restriction adopted pursuant to this subsection shall not diminish" for clarity.
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(5)(A), substituted "Administrator of the Transportation Security Administration" for "Secretary of Transportation" and "Administrator." for "Secretary."
Subsec. (b). Pub. L. 115–254, §1991(d)(5)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".
Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 115–254, §1991(d)(5)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
2001—Subsec. (b). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".
Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
The Administrator of the Transportation Security Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator shall not approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the identical security measures that the Administrator requires air carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an air carrier when the Administrator determines that a specific threat warrants such additional measures. The Administrator shall prescribe regulations to carry out this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1208; Pub. L. 104–132, title III, §322, Apr. 24, 1996, 110 Stat. 1254; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(6), Oct. 5, 2018, 132 Stat. 3632.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44906(a)(1) | 49 App.:1357(k) (1)–(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(k)(1)–(3); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3074. |
| 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §105(c), 104 Stat. 3075. |
The text of 49 App.:1357(k)(3) and the words "Not later than 180 days after the date of enactment of this Act" in section 105(c) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) are omitted as obsolete.
2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" and, wherever appearing, "Administrator" for "Under Secretary".
2001—Pub. L. 107–71 substituted "Under Secretary" for "Administrator" wherever appearing and "of Transportation for Security" for "of the Federal Aviation Administration".
1996—Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator may approve a security program of a foreign air carrier under section 129.25 only if the Administrator decides the security program provides passengers of the foreign air carrier a level of protection similar to the level those passengers would receive under the security programs of air carriers serving the same airport. The Administrator shall require a foreign air carrier to use procedures equivalent to those required of air carriers serving the same airport if the Administrator decides that the procedures are necessary to provide a level of protection similar to that provided passengers of the air carriers serving the same airport. The Administrator shall prescribe regulations to carry out this section."
(a)
(A) a foreign airport—
(i) served by an air carrier;
(ii) from which a foreign air carrier serves the United States; or
(iii) that poses a high risk of introducing danger to international air travel; and
(B) other foreign airports the Secretary considers appropriate.
(2) The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection—
(A) in consultation with appropriate aeronautic authorities of the government of a foreign country concerned and each air carrier serving the foreign airport for which the Secretary is conducting the assessment;
(B) to establish the extent to which a foreign airport effectively maintains and carries out security measures, including the screening and vetting of airport workers; and
(C) by using a standard that will result in an analysis of the security measures at the airport based at least on the standards and appropriate recommended practices contained in Annex 17 to the Convention on International Civil Aviation in effect on the date of the assessment.
(3) Each report to Congress required under section 44938(b) of this title shall contain a summary of the assessments conducted under this subsection.
(b)
(1) on the terrorist threat that exists in each country; and
(2) to establish which foreign airports are not under the de facto control of the government of the foreign country in which they are located and pose a high risk of introducing danger to international air travel.
(c)
(d)
(A) the Secretary of Transportation shall—
(i) publish the identity of the airport in the Federal Register;
(ii) have the identity of the airport posted and displayed prominently at all United States airports at which scheduled air carrier operations are provided regularly; and
(iii) notify the news media of the identity of the airport;
(B) each air carrier and foreign air carrier providing transportation between the United States and the airport shall provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for transportation between the United States and the airport;
(C) notwithstanding section 40105(b) of this title, the Secretary of Transportation, after consulting with the appropriate aeronautic authorities of the foreign country concerned and each air carrier serving the airport and with the approval of the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of an air carrier or foreign air carrier that uses that airport to provide foreign air transportation; and
(D) the President may prohibit an air carrier or foreign air carrier from providing transportation between the United States and any other foreign airport that is served by aircraft flying to or from the airport with respect to which a decision is made under this section.
(2)(A) Paragraph (1) of this subsection becomes effective—
(i) 90 days after the government of a foreign country is notified under subsection (c) of this section if the Secretary of Transportation finds that the government has not brought the security measures at the airport up to the standard the Secretary used in making an assessment under subsection (a) of this section; or
(ii) immediately on the decision of the Secretary of Transportation under subsection (c) of this section if the Secretary of Transportation decides, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from the airport.
(B) The Secretary of Transportation immediately shall notify the Secretary of State of a decision under subparagraph (A)(ii) of this paragraph so that the Secretary of State may issue a travel advisory required under section 44908(a) of this title.
(3) The Secretary of Transportation promptly shall submit to Congress a report (and classified annex if necessary) on action taken under paragraph (1) or (2) of this subsection, including information on attempts made to obtain the cooperation of the government of a foreign country in meeting the standard the Secretary used in assessing the airport under subsection (a) of this section.
(4) An action required under paragraph (1)(A) and (B) of this subsection is no longer required only if the Secretary of Transportation, in consultation with the Secretary of State, decides that effective security measures are maintained and carried out at the airport. The Secretary of Transportation shall notify Congress when the action is no longer required to be taken.
(e)
(1) a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from that airport; and
(2) the public interest requires an immediate suspension of transportation between the United States and that airport.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1209; Pub. L. 115–254, div. K, title I, §1954, Oct. 5, 2018, 132 Stat. 3595.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44907(a)(1) | 49 App.:1515(a)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1115(a), (b), (d)–(h); added Aug. 5, 1974, Pub. L. 93–366, §106, 88 Stat. 414; restated Aug. 8, 1985, Pub. L. 99–83, §551(a), 99 Stat. 222. |
| 44907(a)(2) | 49 App.:1515(a)(2), (3). | |
| 44907(a)(3) | 49 App.:1515(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1115(c); added Aug. 5, 1974, Pub. L. 93–366, §106, 88 Stat. 414; restated Aug. 8, 1985, Pub. L. 99–83, §551(a), 99 Stat. 222; Nov. 16, 1990, Pub. L. 101–604, §102(c)(2), 104 Stat. 3069. |
| 44907(b) | 49 App.:1515(b). | |
| 44907(c) | 49 App.:1515(d). | |
| 44907(d)(1) | 49 App.:1515(e)(2). | |
| 44907(d)(2) | 49 App.:1515(e)(1). | |
| 44907(d)(3) | 49 App.:1515(e)(3). | |
| 44907(d)(4) | 49 App.:1515(f). | |
| 44907(e) | 49 App.:1515(g). | |
| 44907(f) | 49 App.:1515(h). |
In subsections (a)(2)(A) and (d)(2)(A)(i) and (3), the words "government of a foreign country" are substituted for "foreign government" for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2)(B), the word "foreign" is added for clarity and consistency in this section.
In subsection (b)(2), the word "foreign" is added for consistency in the revised title and with other titles of the Code.
In subsection (c), the words "government of a foreign country" are substituted for "foreign government" for consistency in the revised title and with other titles of the Code.
In subsection (d)(1), before clause (A), the words "Subject to paragraph (1)" are omitted as surplus. In clause (C), the words "foreign country" are substituted for "foreign government" for clarity and consistency in the revised title and with other titles of the Code. The word "prescribe" is substituted for "impose" for consistency in the revised title and with other titles of the Code. The word "provide" is substituted for "engage in" for consistency in the revised title. In clause (D), the words "directly or indirectly" are omitted as surplus.
In subsection (d)(2)(A)(i), the words "identified" and "of such airport" are omitted as surplus.
In subsection (d)(2)(B), the words "issue a travel advisory required under section 44908(a) of this title" are substituted for "comply with the requirement of section 1515(a) [sic] of this Appendix that a travel advisory be issued" to eliminate unnecessary words.
In subsection (d)(4), the words "An action required . . . is no longer required" are substituted for "The sanctions required to be imposed with respect to an airport . . . may be lifted" to eliminate unnecessary words.
In subsection (e), before clause (1), the word "provide" is substituted for "engage in" for consistency in the revised title.
In subsection (f), the words "issued under authority vested in" are omitted as surplus.
2018—Subsec. (a)(2)(B). Pub. L. 115–254 inserted ", including the screening and vetting of airport workers" after "security measures".
Pub. L. 115–254, div. K, title I, §1953, Oct. 5, 2018, 132 Stat. 3594, provided that:
"(a)
"(1)
"(A) Trade association representatives, for affected air carriers and airports, who hold the appropriate security clearances.
"(B) The head of each relevant Federal department or agency, including the Administrator of the Federal Aviation Administration.
"(2)
"(b)
"(1)
"(2)
"(A) review current security directives, emergency amendments, and any other policies related to international aviation security at last point of departure airports;
"(B) review the extent of intra-agency and interagency coordination, stakeholder outreach, coordination, and feedback; and
"(C) review TSA's process and criteria for, and implementation of, updating or revoking the policies described in subparagraph (A).
"(c)
"(d)
"(e)
(a)
(1) immediately shall issue a travel advisory for that airport; and
(2) shall publicize the advisory widely.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 105–277, div. G, subdiv. B, title XXII, §2224(a), Oct. 21, 1998, 112 Stat. 2681–819; Pub. L. 115–254, div. K, title I, §1991(d)(7), Oct. 5, 2018, 132 Stat. 3632.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44908(a) | 49 App.:1515a(a). | Aug. 8, 1985, Pub. L. 99–83, §552, 99 Stat. 226. |
| 44908(b) | 49 App.:1515a(b). | |
| 44908(c) | 49 App.:1515a(c), (d). |
In subsection (a)(3), the words "take the necessary steps to" are omitted as surplus.
In subsection (b), the words "all" and "the requirements of" are omitted as surplus.
Subsection (c) is substituted for 49 App.:1515a(c) and (d) to eliminate unnecessary words.
The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified principally to chapter 32 (§2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
The Arms Export Control Act, referred to in subsec. (b), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified principally to chapter 39 (§2751 et seq.) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(7)(A), (B), in introductory provisions, substituted "Administrator of the Transportation Security Administration" for "Secretary of Transportation" wherever appearing and struck out "safety or" before "security of passengers".
Subsec. (c). Pub. L. 115–254, §1991(d)(7)(A), (C), substituted "Administrator of the Transportation Security Administration" for "Secretary of Transportation" and "The Administrator" for "The Secretary".
1998—Subsec. (a). Pub. L. 105–277 inserted "and" at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: "shall publish the advisory in the Federal Register; and".
(a)
(A) not later than one hour after that carrier is notified of an aviation disaster outside the United States involving that flight; or
(B) if it is not technologically feasible or reasonable to comply with clause (A) of this paragraph, then as expeditiously as possible, but not later than 3 hours after the carrier is so notified.
(2) The passenger manifest should include the following information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if required for travel.
(C) the name and telephone number of a contact for each passenger.
(3) In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air carriers to collect passenger manifest information as a condition for passengers boarding a flight of the carrier.
(b)
(c)
(1)
(2)
(A) The full name of each passenger and crew member.
(B) The date of birth and citizenship of each passenger and crew member.
(C) The sex of each passenger and crew member.
(D) The passport number and country of issuance of each passenger and crew member if required for travel.
(E) The United States visa number or resident alien card number of each passenger and crew member, as applicable.
(F) Such other information as the Administrator of the Transportation Security Administration, in consultation with the Commissioner of U.S. Customs and Border Protection, determines is reasonably necessary to ensure aviation safety.
(3)
(4)
(5)
(6)
(A)
(B)
(i)
(ii)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 106–181, title VII, §718, Apr. 5, 2000, 114 Stat. 163; Pub. L. 107–71, title I, §115, Nov. 19, 2001, 115 Stat. 623; Pub. L. 108–458, title IV, §4012(a)(2), Dec. 17, 2004, 118 Stat. 3717; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210; Pub. L. 115–254, div. K, title I, §1991(d)(8), Oct. 5, 2018, 132 Stat. 3633.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44909(a)(1) | 49 App.:1380(a). | Aug. 23, 1958, Pub. L. 85–726, §410, 72 Stat. 769; Oct. 15, 1962, Pub. L. 87–820, §8, 76 Stat. 936; restated Nov. 16, 1990, Pub. L. 101–604, §203(a), 104 Stat. 3082. |
| 44909(a)(2) | 49 App.:1380(b). | |
| 44909(a)(3) | 49 App.:1380 (note). | Nov. 16, 1990, Pub. L. 101–604, §203(b), 104 Stat. 3082. |
| 44909(b) | 49 App.:1380 (note). | Nov. 16, 1990, Pub. L. 101–604, §203(c), 104 Stat. 3083. |
In subsection (a)(1), before clause (A), the words "each air carrier" are substituted "all United States air carriers" because of the definition of "air carrier" in section 40102(a) of the revised title. The words "an appropriate representative of the Secretary of State" are substituted for "appropriate representatives of the United States Department of State" because of 22:2651 and for consistency in the revised title and with other titles of the United States Code. In clause (B), the words "to comply with clause (A) of this paragraph" are substituted for "to fulfill the requirement of this subsection" for consistency in the revised title and with other titles of the Code.
In subsection (a)(2), before clause (B), the words "For purposes of this section" are omitted as unnecessary.
In subsection (a)(3), the words "In carrying out this subsection" are substituted for "In implementing the requirement pursuant to the amendment made by subsection (a) of this section" for clarity and to eliminate unnecessary words.
In subsection (b), the word "imposing" is added for clarity. The words "imposed on air carriers under subsection (a)(1) and (2) of this section" are substituted for "imposed pursuant to the amendment made by subsection (a)" for clarity and because of the restatement.
2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(8)(A), substituted "The" for "Not later than March 16, 1991, the" in introductory provisions.
Subsec. (c)(1). Pub. L. 115–254, §1991(d)(8)(B)(i), substituted "Each" for "Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, each".
Subsec. (c)(2)(F), (5). Pub. L. 115–254, §1991(d)(8)(B)(ii), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (c)(6)(A). Pub. L. 115–254, §1991(d)(8)(B)(iii)(I), substituted "The" for "Not later than 60 days after date of enactment of this paragraph, the".
Subsec. (c)(6)(B)(ii). Pub. L. 115–254, §1991(d)(8)(B)(iii)(II), substituted "the Secretary of Homeland Security will" for "the Secretary will" and "the Secretary of Homeland Security to" for "the Secretary to".
2004—Subsec. (c)(4). Pub. L. 108–458, §4012(a)(2)(A), substituted "paragraphs (5) and (6)," for "paragraph (5),".
Subsec. (c)(6). Pub. L. 108–458, §4012(a)(2)(B), added par. (6).
2001—Subsec. (c). Pub. L. 107–71 which directed the addition of subsec. (c) to section 44909, without specifying the Code title to be amended, was executed by making the addition to this section, to reflect the probable intent of Congress.
2000—Subsec. (a)(2). Pub. L. 106–181 substituted "should" for "shall" in introductory provisions.
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (c)(1) and (2)(F) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.
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.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
The Secretary of State shall seek multilateral and bilateral agreement on strengthening enforcement measures and standards for compliance related to aircraft sabotage, aircraft hijacking, and airport security.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44910 | 49 App.:1515 (note). | Aug. 8, 1985, Pub. L. 99–83, §556, 99 Stat. 227. |
(a)
(1) the Department of State.
(2) the Department of Defense.
(3) the Department of the Treasury.
(4) the Department of Energy.
(5) the Departments of the Army, Navy, and Air Force.
(6) the Central Intelligence Agency.
(7) the National Security Agency.
(8) the Defense Intelligence Agency.
(9) the Federal Bureau of Investigation.
(10) the Drug Enforcement Administration.
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107–71, title I, §§101(f)(7), (9), 102(b), (c), Nov. 19, 2001, 115 Stat. 603, 605; Pub. L. 115–254, div. K, title I, §1991(d)(9), Oct. 5, 2018, 132 Stat. 3633.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44911(a) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(e), 104 Stat. 3080. |
| 44911(b) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(a), 104 Stat. 3080. |
| 44911(c) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(b), 104 Stat. 3080. |
| 44911(d) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(c), 104 Stat. 3080. |
| 44911(e) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(d), 104 Stat. 3080. |
In this section, the word "units" is substituted for "agencies" for consistency in the revised title and with other titles of the United States Code.
In subsections (b) and (e), the words "Not later than 180 days after the date of enactment of this Act" in section 111(a) and (d) of the Aviation Security Improvement Act of 1990 (Public Law 101–640, 104 Stat. 3080) are omitted as obsolete.
In subsection (b), the words "the heads of other units in the intelligence community, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration" are substituted for "other members of the intelligence community, the Department of Transportation, and the Federal Aviation Administration" for clarity and consistency in the revised title and with other titles of the Code.
In subsections (c) and (e), the words "heads of units in the intelligence community" are substituted for "intelligence community" for clarity and consistency in the revised title and with other titles of the Code.
In subsection (e), the words "memorandums of understanding" are omitted as being included in "written working agreements".
2018—Subsec. (b). Pub. L. 115–254, §1991(d)(9)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".
Subsec. (d). Pub. L. 115–254, §1991(d)(9)(B), substituted "request of the Secretary of Homeland Security" for "request of the Secretary".
Subsec. (e). Pub. L. 115–254, §1991(d)(9)(C), substituted "Secretary of Homeland Security, and the Administrator of the Transportation Security Administration" for "Secretary, and the Under Secretary" and "intelligence community and the Administrator of the Transportation Security Administration" for "intelligence community and the Under Secretary".
2001—Subsec. (b). Pub. L. 107–71, §102(b), struck out "international" before "terrorism".
Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".
Subsec. (c). Pub. L. 107–71, §102(c), substituted "place" for "consider placing".
Subsec. (e). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.
(a)
(2) In designing and carrying out the program established under this subsection, the Administrator shall—
(A) consult and coordinate activities with other departments, agencies, and instrumentalities of the United States Government doing similar research;
(B) identify departments, agencies, and instrumentalities that would benefit from that research; and
(C) seek cost-sharing agreements with those departments, agencies, and instrumentalities.
(3) In carrying out the program established under this subsection, the Administrator shall review and consider the annual reports the Secretary of Transportation submits to Congress on transportation security and intelligence.
(4)(A) In carrying out the program established under this subsection, the Administrator shall designate an individual to be responsible for engineering, research, and development with respect to security technology under the program.
(B) The individual designated under subparagraph (A) shall use appropriate systems engineering and risk management models in making decisions regarding the allocation of funds for engineering, research, and development with respect to security technology under the program.
(C) The individual designated under subparagraph (A) shall, on an annual basis, submit to the Administrator a report on activities under this paragraph during the preceding year. Each report shall include, for the year covered by such report, information on—
(i) progress made in engineering, research, and development with respect to security technology;
(ii) the allocation of funds for engineering, research, and development with respect to security technology; and
(iii) engineering, research, and development with respect to any technologies drawn from other agencies, including the rationale for engineering, research, and development with respect to such technologies.
(5) The Administrator may—
(A) make grants to institutions of higher learning and other appropriate research facilities with demonstrated ability to carry out research described in paragraph (1) of this subsection, and fix the amounts and terms of the grants; and
(B) make cooperative agreements with governmental authorities the Administrator decides are appropriate.
(b)
(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps) of the civil aviation system, including—
(i) the destruction, commandeering, or diversion of civil aircraft or the use of civil aircraft as a weapon; and
(ii) the disruption of civil aviation service, including by cyber attack;
(B) explosive material that presents the most significant threat to civil aircraft;
(C) the minimum amounts, configurations, and types of explosive material that can cause, or would reasonably be expected to cause, catastrophic damage to aircraft in air transportation;
(D) the amounts, configurations, and types of explosive material that can be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies;
(E) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport;
(F) the feasibility of using various ways to minimize damage caused by explosive material that cannot be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies;
(G) the ability to screen passengers, carry-on baggage, checked baggage, and cargo; and
(H) the technologies that might be used in the future to attempt to destroy or otherwise threaten commercial aircraft and the way in which those technologies can be countered effectively.
(2) The Administrator shall use the results of the review under this subsection to develop the focus and priorities of the program established under subsection (a) of this section.
(c)
(2)(A) The advisory panel shall consist of individuals who have scientific and technical expertise in—
(i) the development and testing of effective explosive detection systems;
(ii) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective explosive detection technology must be capable of detecting;
(iii) technologies involved in minimizing airframe damage to aircraft from explosives; and
(iv) other scientific and technical areas the Administrator considers appropriate.
(B) In appointing individuals to the advisory panel, the Administrator should consider individuals from academia and the national laboratories, as appropriate.
(3) The Administrator shall organize the advisory panel into teams capable of undertaking the review of policies and technologies upon request.
(4) Biennially, the Administrator shall review the composition of the advisory panel in order to ensure that the expertise of the individuals on the panel is suited to the current and anticipated duties of the panel.
(d)
(1)
(2)
(A)
(i) be an unwarranted invasion of personal privacy;
(ii) reveal a trade secret or privileged or confidential commercial or financial information; or
(iii) be detrimental to transportation safety.
(B)
(C)
(i) to conceal a violation of law, inefficiency, or administrative error;
(ii) to prevent embarrassment to a person, organization, or agency;
(iii) to restrain competition; or
(iv) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
(D)
(3)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107–71, title I, §§101(f)(7), (9), 112, Nov. 19, 2001, 115 Stat. 603, 620; Pub. L. 115–254, div. K, title I, §1991(d)(10), Oct. 5, 2018, 132 Stat. 3633.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44912(a) | 49 App.:1357(d)(3)(A), (D), (4)–(7). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(d)(3)–(8); added Nov. 16, 1990, Pub. L. 101–604, §107, 104 Stat. 3076. |
| 44912(b) | 49 App.:1357(d)(3)(B), (C). | |
| 44912(c) | 49 App.:1357(d)(8). |
In subsection (a)(1), the words "It shall be the purpose of the program established under paragraph (3)" and "established under paragraph (3)" are omitted as unnecessary.
In subsection (a)(2)(A), the word "activities" is added for clarity. The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "Federal agencies" for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(4), the words "The Administrator may . . . make grants" are substituted for "Amounts appropriated for each fiscal year under paragraph (9) shall be made available by the Administrator, by way of grants" to eliminate unnecessary words. In clause (A), the words "institutions of higher learning" are substituted for "colleges, universities", and the word "institutions" is substituted for "institutions and facilities", for clarity and consistency in the revised title and with other titles of the Code. In clause (B), the words "governmental authorities" are substituted for "governmental entities" for consistency in the revised title and with other titles of the Code.
In subsection (b)(1), before clause (A), the words "Not later than 180 days after November 16, 1990" are omitted as obsolete. Clause (B) is substituted for 49 App.:1357(d)(3)(B)(ii) and (iii) for clarity and to eliminate unnecessary words.
In subsection (b)(1)(E), the word "mail" is omitted as being included in "cargo".
2018—Pub. L. 115–254, §1991(d)(10)(C), substituted "Administrator" for "Under Secretary" wherever appearing in subsecs. (a) to (c).
Subsec. (a)(1). Pub. L. 115–254, §1991(d)(10)(A)(i), substituted "Administrator" for "Under Secretary of Transportation for Security" and struck out ", not later than November 16, 1993," after "in place".
Subsec. (a)(4)(C). Pub. L. 115–254, §1991(d)(10)(A)(ii), substituted "Administrator" for "Research, Engineering and Development Advisory Committee" in introductory provisions.
Subsec. (c)(1). Pub. L. 115–254, §1991(d)(10)(B)(i), struck out ", as a subcommittee of the Research, Engineering, and Development Advisory Committee," after "panel".
Subsec. (c)(4). Pub. L. 115–254, §1991(d)(10)(B)(ii), substituted "Biennially," for "Not later than 90 days after the date of the enactment of the Aviation and Transportation Security Act, and every two years thereafter,".
Subsecs. (d), (e). Pub. L. 115–254, §1991(d)(10)(D), added subsecs. (d) and (e).
2001—Subsec. (a)(1). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".
Subsec. (a)(2), (3). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (a)(4). Pub. L. 107–71, §112(b)(1)(B), added par. (4). Former par. (4) redesignated (5).
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Subsec. (a)(5). Pub. L. 107–71, §112(b)(1)(A), redesignated par. (4) as (5).
Subsec. (b)(1). Pub. L. 107–71, §§101(f)(7), 112(a)(1), in introductory provisions, substituted "Under Secretary" for "Administrator" and "periodically review" for "complete an intensive review of".
Subsec. (b)(1)(A). Pub. L. 107–71, §112(b)(2)(B), added subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (b)(1)(B). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).
Pub. L. 107–71, §112(a)(2), substituted "aircraft in air transportation;" for "commercial aircraft in service and expected to be in service in the 10-year period beginning on November 16, 1990;".
Subsec. (b)(1)(C). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).
Subsec. (b)(1)(D). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).
Pub. L. 107–71, §112(a)(3), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (b)(1)(E) to (G). Pub. L. 107–71, §112(b)(2)(A), redesignated subpars. (D) to (F) as (E) to (G), respectively. Former subpar. (G) redesignated (H).
Pub. L. 107–71, §112(a)(3), redesignated subpars. (D) to (F) as (E) to (G), respectively.
Subsec. (b)(1)(H). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (G) as (H).
Subsec. (b)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (c). Pub. L. 107–71, §112(b)(3), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: "The Administrator shall establish a scientific advisory panel, as a subcommittee of the Research, Engineering and Development Advisory Committee, to review, comment on, advise on the progress of, and recommend modifications in, the program established under subsection (a) of this section, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft by the next generation of terrorist weapons. The panel shall consist of individuals with scientific and technical expertise in—
"(1) the development and testing of effective explosive detection systems;
"(2) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective technology must be capable of detecting;
"(3) technologies involved in minimizing airframe damage to aircraft from explosives; and
"(4) other scientific and technical areas the Administrator considers appropriate."
Pub. L. 115–254, div. K, title I, §1916, Oct. 5, 2018, 132 Stat. 3556, provided that:
"(a)
"(1) to cultivate innovations in transportation security;
"(2) to develop and recommend how to prioritize and streamline requirements for new approaches to transportation security;
"(3) to accelerate the development and introduction of new innovative transportation security technologies and improvements to transportation security operations; and
"(4) to provide industry with access to the airport environment during the technology development and assessment process to demonstrate the technology and to collect data to understand and refine technical operations and human factor issues.
"(b)
"(1) conduct activities to identify and develop an innovative technology, emerging security capability, or process designed to enhance transportation security, including—
"(A) by conducting a field demonstration of such a technology, capability, or process in the airport environment;
"(B) by gathering performance data from such a demonstration to inform the acquisition process; and
"(C) by enabling a small business with an innovative technology or emerging security capability, but less than adequate resources, to participate in such a demonstration;
"(2) conduct at least quarterly collaboration meetings with industry, including air carriers, airport operators, and other transportation security stakeholders to highlight and discuss best practices on innovative security operations and technology evaluation and deployment; and
"(3) submit to the appropriate committees of Congress an annual report on the effectiveness of key performance data from task force-sponsored projects and checkpoint enhancements.
"(c)
"(1)
"(2)
"(3)
"(A) the relevant offices of the TSA;
"(B) if considered appropriate by the Administrator, the Science and Technology Directorate of the Department of Homeland Security;
"(C) any other component of the Department of Homeland Security that the Administrator considers appropriate; and
"(D) such industry representatives as the Administrator considers appropriate.
"(d)
"(e)
[For definitions of terms used in section 1916 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Pub. L. 107–71, title I, §137, Nov. 19, 2001, 115 Stat. 637, as amended by Pub. L. 110–53, title XVI, §1608, Aug. 3, 2007, 121 Stat. 484, provided that:
"(a)
"(1) the acceleration of research, development, testing, and evaluation of explosives detection technology for checked baggage, specifically, technology that is—
"(A) more cost-effective for deployment for explosives detection in checked baggage at small- to medium-sized airports, and is currently under development as part of the Argus research program at the Transportation Security Administration;
"(B) faster, to facilitate screening of all checked baggage at larger airports; or
"(C) more accurate, to reduce the number of false positives requiring additional security measures;
"(2) acceleration of research, development, testing, and evaluation of new screening technology for carry-on items to provide more effective means of detecting and identifying weapons, explosives, and components of weapons of mass destruction, including advanced x-ray technology;
"(3) acceleration of research, development, testing, and evaluation of threat screening technology for other categories of items being loaded onto aircraft, including cargo, catering, and duty-free items;
"(4) acceleration of research, development, testing, and evaluation of threats carried on persons boarding aircraft or entering secure areas, including detection of weapons, explosives, and components of weapons of mass destruction;
"(5) acceleration of research, development, testing and evaluation of integrated systems of airport security enhancement, including quantitative methods of assessing security factors at airports selected for testing such systems;
"(6) expansion of the existing program of research, development, testing, and evaluation of improved methods of education, training, and testing of key airport security personnel; and
"(7) acceleration of research, development, testing, and evaluation of aircraft hardening materials, and techniques to reduce the vulnerability of aircraft to terrorist attack.
"(b)
"(c)
"(d)
"(1) research and development of longer-term improvements to airport security, including advanced weapons detection;
"(2) secure networking and sharing of threat information between Federal agencies, law enforcement entities, and other appropriate parties;
"(3) advances in biometrics for identification and threat assessment; or
"(4) other technologies for preventing acts of terrorism in aviation."
[For definitions of terms used in section 137 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
Advisory panels established after Jan. 5, 1973, to terminate not later than expiration of 2-year period beginning on the date of their establishment, unless, in the case of a panel established by the President or an officer of the Federal Government, such panel is renewed by appropriate action prior to expiration of such 2-year period, or in the case of a panel established by Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
(a)
(2) Until such time as the Administrator determines that equipment certified under paragraph (1) is commercially available and has successfully completed operational testing as provided in paragraph (1), the Administrator shall facilitate the deployment of such approved commercially available explosive detection devices as the Administrator determines will enhance aviation security significantly. The Administrator shall require that equipment deployed under this paragraph be replaced by equipment certified under paragraph (1) when equipment certified under paragraph (1) becomes commercially available. The Administrator is authorized, based on operational considerations at individual airports, to waive the required installation of commercially available equipment under paragraph (1) in the interests of aviation security. The Administrator may permit the requirements of this paragraph to be met at airports by the deployment of dogs or other appropriate animals to supplement equipment for screening passengers, baggage, mail, or cargo for explosives or weapons.
(3) This subsection does not prohibit the Administrator from purchasing or deploying explosive detection equipment described in paragraph (1) of this subsection.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 104–264, title III, §305(a), Oct. 9, 1996, 110 Stat. 3252; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 107–71, title I, §101(f)(2), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(11), Oct. 5, 2018, 132 Stat. 3635.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44913(a)(1) | 49 App.:1358c(a), (b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §320; added Nov. 16, 1990, Pub. L. 101–604, §108, 104 Stat. 3077. |
| 44913(a)(2) | 49 App.:1358c(c). | |
| 44913(a)(3) | 49 App.:1358c(d). | |
| 44913(b) | 49 App.:2225. | Sept. 3, 1982, Pub. L. 97–248, §529, 96 Stat. 699; Dec. 30, 1987, Pub. L. 100–223, §114, 101 Stat. 1505. |
In subsection (a), the words "after November 16, 1990" are omitted as executed. The words "The Administrator shall base the certification on" are substituted for "based on" because of the restatement.
In subsection (b), the words "but not be limited to" are omitted as unnecessary.
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(11)(A)(iv), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a)(1). Pub. L. 115–254, §1991(d)(11)(A)(i), substituted "Administrator of the Transportation Security Administration (referred to in this section as 'the Administrator')" for "Under Secretary of Transportation for Security".
Subsec. (a)(2) to (4). Pub. L. 115–254, §1991(d)(11)(A)(ii), (iii), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "Before completion of the tests described in paragraph (1) of this subsection, but not later than April 16, 1992, the Under Secretary may require deployment of explosive detection equipment described in paragraph (1) if the Under Secretary decides that deployment will enhance aviation security significantly. In making that decision, the Under Secretary shall consider factors such as the ability of the equipment alone, or as part of an integrated system, to detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft. The Under Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of a deployment decision made under this paragraph."
Subsec. (b). Pub. L. 115–254, §1991(d)(11)(B), substituted "Administrator" for "Secretary of Transportation".
2001—Subsec. (a)(1). Pub. L. 107–71, §101(f)(9), substituted "of Transportation for Security" for "of the Federal Aviation Administration".
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Pub. L. 107–71, §101(f)(2), substituted "of the Transportation Security Administration" for "of the Administration" in second sentence.
Subsec. (a)(2) to (4). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.
1996—Subsec. (a)(2). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Subsec. (a)(3), (4). Pub. L. 104–264 added par. (3) and redesignated former par. (3) as (4).
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Pub. L. 108–458, title IV, §4024, Dec. 17, 2004, 118 Stat. 3724, provided that:
"(a)
"(b)
Pub. L. 104–264, title III, §303, Oct. 9, 1996, 110 Stat. 3250, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) assess the weapons and explosive detection technologies that are available at the time of the study that are capable of being effectively deployed in commercial aviation;
"(2) determine how the technologies referred to in paragraph (1) may more effectively be used for promotion and improvement of security at airport and aviation facilities and other secured areas;
"(3) assess the cost and advisability of requiring hardened cargo containers as a way to enhance aviation security and reduce the required sensitivity of bomb detection equipment; and
"(4) on the basis of the assessments and determinations made under paragraphs (1), (2), and (3), identify the most promising technologies for the improvement of the efficiency and cost-effectiveness of weapons and explosive detection.
"(d)
"(1) expertise; and
"(2) to the extent allowable by law, resources and facilities.
"(e)
"(f)
In consultation with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security Administration considers appropriate, the Administrator shall develop guidelines for airport design and construction to allow for maximum security enhancement. In developing the guidelines, the Administrator shall consider the results of the assessment carried out under section 44904(a) of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(12), Oct. 5, 2018, 132 Stat. 3635.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44914 | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(f), 104 Stat. 3075. |
| 49 App.:1432(d). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(d); added Nov. 16, 1990, Pub. L. 101–604, §110(a), 104 Stat. 3080. |
The words "In developing the guidelines" are substituted for "In developing airport construction guidelines under subsection (d) of section 612 of the Federal Aviation Act of 1958, as added by section 110 of this Act" in section 106(f) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) to eliminate unnecessary words.
2018—Pub. L. 115–254 substituted "with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security Administration" for "with air carriers, airport authorities, and others the Under Secretary of Transportation for Security" and, in two places, "Administrator" for "Under Secretary".
2001—Pub. L. 107–71 substituted "Under Secretary" for "Administrator" wherever appearing and "of Transportation for Security" for "of the Federal Aviation Administration".
The Administrator of the Transportation Security Administration may exempt from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of this title airports in Alaska served only by air carriers that—
(1) hold certificates issued under section 41102 of this title;
(2) operate aircraft with certificates for a maximum gross takeoff weight of less than 12,500 pounds; and
(3) board passengers, or load property intended to be carried in an aircraft cabin, that will be screened under section 44901 of this title at another airport in Alaska before the passengers board, or the property is loaded on, an aircraft for a place outside Alaska.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(13), Oct. 5, 2018, 132 Stat. 3635.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44915 | 49 App.:1358. | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §317; added July 12, 1976, Pub. L. 94–353, §17(a), 90 Stat. 882. |
In clause (1), the word "issued" is substituted for "granted" for consistency in this part. The words "by the Civil Aeronautics Board" are omitted as surplus.
Clause (3) is substituted for 49 App.:1358 (words after 3d comma) for consistency in the revised title.
2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.
2001—Pub. L. 107–71 substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration" in introductory provisions.
(a)
(b)
(Added Pub. L. 104–264, title III, §312(a), Oct. 9, 1996, 110 Stat. 3253; amended Pub. L. 107–71, title I, §101(f)(3), (7), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(14), Oct. 5, 2018, 132 Stat. 3635.)
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(14)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".
Subsec. (b). Pub. L. 115–254, §1991(d)(14)(B), substituted "Administrator of the Transportation Security Administration shall" for "Under Secretary shall" and "Administrator may" for "Under Secretary may".
2001—Subsec. (a). Pub. L. 107–71, §101(f)(3), substituted "Under Secretary of Transportation for Security" for "Administrator" in first sentence and "Transportation Security Administration" for "Administration" in second sentence.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
(a)
(1) may provide for deployment of Federal air marshals on every passenger flight of air carriers in air transportation or intrastate air transportation;
(2) shall provide for deployment of Federal air marshals on every such flight determined by the Administrator to present high security risks;
(3) shall provide for appropriate training, supervision, and equipment of Federal air marshals;
(4) shall require air carriers providing flights described in paragraph (1) to provide seating for a Federal air marshal on any such flight without regard to the availability of seats on the flight and at no cost to the United States Government or the marshal;
(5) may require air carriers to provide, on a space-available basis, to an off-duty Federal air marshal a seat on a flight to the airport nearest the marshal's home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties;
(6) may enter into agreements with Federal, State, and local agencies under which appropriately-trained law enforcement personnel from such agencies, when traveling on a flight of an air carrier, will carry a firearm and be prepared to assist Federal air marshals;
(7) shall establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft;
(8) may appoint—
(A) an individual who is a retired law enforcement officer;
(B) an individual who is a retired member of the Armed Forces; and
(C) an individual who has been furloughed from an air carrier crew position in the 1-year period beginning on September 11, 2001,
as a Federal air marshal, regardless of age, if the individual otherwise meets the background and fitness qualifications required for Federal air marshals;
(9) shall require the Federal Air Marshal Service to utilize a risk-based strategy when allocating resources between international and domestic flight coverage, including when initially setting its annual target numbers of average daily international and domestic flights to cover;
(10) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support domestic allocation decisions;
(11) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support international allocation decisions; and
(12) shall ensure that the seating arrangements of Federal air marshals on aircraft are determined in a manner that is risk-based and most capable of responding to current threats to aviation security.
(b)
(c)
(1)
(2)
(3)
(Added Pub. L. 107–71, title I, §105(a), Nov. 19, 2001, 115 Stat. 606; amended Pub. L. 108–458, title IV, §4018, Dec. 17, 2004, 118 Stat. 3721; Pub. L. 115–254, div. K, title I, §§1959(c)(5), (d)(1), 1991(d)(15), Oct. 5, 2018, 132 Stat. 3599, 3635.)
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(15)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.
Subsec. (a)(2). Pub. L. 115–254, §1991(d)(15)(A)(ii), substituted "by the Administrator" for "by the Secretary".
Subsec. (a)(9) to (12). Pub. L. 115–254, §1959(d)(1), added pars. (9) to (12).
Subsec. (b). Pub. L. 115–254, §1959(c)(5), redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: "In making the determination under subsection (a)(2), nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority."
Subsec. (c). Pub. L. 115–254, §1959(c)(5)(B), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Subsec. (c)(1). Pub. L. 115–254, §1991(d)(15)(B)(i), which directed amendment of subsec. (d)(1) by substituting "Administrator of the Transportation Security Administration" for "Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security", was executed to subsec. (c)(1) to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (c) by Pub. L. 115–254, §1959(c)(5)(B). See above.
Subsec. (c)(3). Pub. L. 115–254, §1991(d)(15)(B)(ii), which directed amendment of subsec. (d)(3) by substituting "Administrator of the Transportation Security Administration" for "Assistant Secretary" in two places, was executed to subsec. (c)(3) to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (c) by Pub. L. 115–254, §1959(c)(5)(B). See above.
Subsec. (d). Pub. L. 115–254, §1959(c)(5)(B), redesignated subsec. (d) as (c).
2004—Subsec. (d). Pub. L. 108–458 added subsec. (d).
Pub. L. 115–254, div. K, title I, §1959(a)–(c)(4), Oct. 5, 2018, 132 Stat. 3598, 3599, provided that:
"(a)
"(1)
"(2)
"(3)
"(A) such mission is necessary for aviation security; and
"(B) the requirements of paragraph (4)(B) are met.
"(4)
"(A)
"(B)
"(i) not later than 30 days after the date of enactment of this Act, a list of each foreign government or partner that does not have a written agreement under this section, including an explanation for why no written agreement exists and a justification for the determination that such a mission is necessary for aviation security; and
"(ii) not later than 30 days after the date that the Administrator makes a determination to schedule Federal air marshal service on flights operating to a foreign country with which no written agreement is in effect under paragraph (3), the name of the applicable foreign government or partner, an explanation for why no written agreement exists, and a justification for the determination that such mission is necessary for aviation security.
"(b)
"(c)
"(1)
"(2)
"(3)
"(4)
Pub. L. 115–254, div. K, title I, §1959(d)(3), Oct. 5, 2018, 132 Stat. 3600, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall begin implementing the requirements under paragraphs (9) through (12) of section 44917(a), United States Code, as added by this Act."
Pub. L. 108–458, title IV, §4016, Dec. 17, 2004, 118 Stat. 3720, as amended by Pub. L. 115–254, div. K, title I, §1993, Oct. 5, 2018, 132 Stat. 3646, provided that:
"(a)
"(b)
"(c)
"(1)
"(2)
1 So in original. Probably should be "Administrator".
(a)
(1)
(2)
(A) Recognizing suspicious activities and determining the seriousness of any occurrence.
(B) Crew communication and coordination.
(C) The proper commands to give passengers and attackers.
(D) Appropriate responses to defend oneself.
(E) Use of protective devices assigned to crew members (to the extent such devices are required by the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration).
(F) Psychology of terrorists to cope with hijacker behavior and passenger responses.
(G) Situational training exercises regarding various threat conditions.
(H) Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin crew responses to such procedures and maneuvers.
(I) The proper conduct of a cabin search, including explosive device recognition.
(J) Any other subject matter considered appropriate by the Administrator of the Transportation Security Administration.
(3)
(4)
(5)
(6)
(7)
(b)
(1)
(2)
(A) Deterring a passenger who might present a threat.
(B) Advanced control, striking, and restraint techniques.
(C) Training to defend oneself against edged or contact weapons.
(D) Methods to subdue and restrain an attacker.
(E) Use of available items aboard the aircraft for self-defense.
(F) Appropriate and effective responses to defend oneself, including the use of force against an attacker.
(G) Any other element of training that the Administrator of the Transportation Security Administration considers appropriate.
(3)
(4)
(5)
(6)
(7)
(c)
(Added Pub. L. 107–71, title I, §107(a), Nov. 19, 2001, 115 Stat. 610; amended Pub. L. 107–296, title XIV, §1403(a), Nov. 25, 2002, 116 Stat. 2305; Pub. L. 108–176, title VI, §603, Dec. 12, 2003, 117 Stat. 2563; Pub. L. 115–254, div. K, title I, §1991(d)(16), Oct. 5, 2018, 132 Stat. 3635.)
2018—Pub. L. 115–254, §1991(d)(16)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.
Subsec. (a)(2)(E). Pub. L. 115–254, §1991(d)(16)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Border and Transportation Security of the Department of Homeland Security".
Subsec. (a)(4). Pub. L. 115–254, §1991(d)(16)(A)(ii), substituted "The" for "Not later than one year after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act, the".
Subsec. (a)(5). Pub. L. 115–254, §1991(d)(16)(A)(iii), substituted "December 12, 2003," for "the date of enactment of the Vision 100—Century of Aviation Reauthorization Act".
Subsec. (b)(1). Pub. L. 115–254, §1991(d)(16)(B)(i), substituted "The" for "Not later than one year after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act, the".
Subsec. (b)(6). Pub. L. 115–254, §1991(d)(16)(B)(ii), substituted "Federal Air Marshal Service" for "Federal Air Marshals Service".
2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development of detailed guidance for a scheduled passenger air carrier flight and cabin crew training program to prepare crew members for potential threat conditions.
2002—Subsec. (e). Pub. L. 107–296 designated existing provisions as par. (1), inserted heading, substituted "The Under Secretary" for "The Administrator", added pars. (2) and (3), and realigned margins.
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.
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.
Pub. L. 115–254, div. K, title I, §1960, Oct. 5, 2018, 132 Stat. 3600, provided that: "The Administrator [of the Transportation Security Administration], in consultation with the Administrator of the Federal Aviation Administration, shall continue to carry out and encourage increased participation by air carrier employees in the voluntary self-defense training program under section 44918(b) of title 49, United States Code."
(a)
(b)
(c)
(1) Start-to-finish secure online or mobile enrollment capability.
(2) Vetting of an applicant by means other than biometrics, such as a risk assessment, if—
(A) such means—
(i) are evaluated and certified by the Secretary of Homeland Security;
(ii) meet the definition of a qualified anti-terrorism technology under section 865 of the Homeland Security Act of 2002 (6 U.S.C. 444); and
(iii) are determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and
(B) with regard to private sector risk assessments, the Secretary has certified that reasonable procedures are in place with regard to the accuracy, relevancy, and proper utilization of information employed in such risk assessments.
(d)
(1) Start-to-finish secure online or mobile enrollment capability.
(2) Vetting of an applicant by means of biometrics if the collection—
(A) is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology;
(B) protects privacy and data security, including that any personally identifiable information is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States Code (commonly known as "Privacy Act of 1974"), and with agency regulations;
(C) is evaluated and certified by the Secretary of Homeland Security; and
(D) is determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history.
(e)
(1) 7,000,000 passengers before October 1, 2019.
(2) 10,000,000 passengers before October 1, 2020.
(3) 15,000,000 passengers before October 1, 2021.
(f)
(1) enter into at least 2 agreements, using other transaction authority under section 114(m) of this title, to market the PreCheck Program; and
(2) implement a long-term strategy for partnering with the private sector to encourage enrollment in such program.
(g)
(1) coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the identity and citizenship of individuals enrolling in the PreCheck Program;
(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program; and
(3) consider leveraging the existing resources and abilities of airports to collect fingerprints for use in background checks to expedite identity verification.
(h)
(1) ensure that PreCheck Program screening lanes are open and available during peak and high-volume travel times at appropriate airports to individuals enrolled in the PreCheck Program; and
(2) make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are closed to individuals enrolled in the program in order to maintain operational efficiency.
(i)
(1)
(2)
(A) A member of the Armed Forces, including a member of a reserve component or the National Guard.
(B) A cadet or midshipman of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(C) A family member of an individual specified in subparagraph (A) or (B) who is younger than 12 years old and accompanying the individual.
(3)
(j)
(k)
(l) Expenditure of Funds.—Any Federal funds expended by the Administrator to expand PreCheck Program enrollment shall be expended in a manner that includes the requirements of this section.
(Added Pub. L. 107–71, title I, §108(a), Nov. 19, 2001, 115 Stat. 611; amended Pub. L. 115–254, div. K, title I, §1937(a), Oct. 5, 2018, 132 Stat. 3576.)
Section 109 of the Aviation and Transportation Security Act, referred to in subsec. (a), is section 109 of Pub. L. 107–71, which is set out as a note under section 114 of this title.
The date of enactment of the TSA Modernization Act, referred to in subsecs. (b) and (f), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.
2018—Pub. L. 115–254 amended section generally. Prior to amendment, section related to establishment of pilot program under which the screening of passengers and property was to be conducted by a qualified private screening company.
Pub. L. 117–81, div. F, title LXIV, §6417, Dec. 27, 2021, 135 Stat. 2415, provided that: "Notwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program by such an individual."
Pub. L. 115–254, div. K, title I, §1938, Oct. 5, 2018, 132 Stat. 3579, provided that:
"(a)
"(b)
"(1) The PreCheck Program under section 44919 of title 49, United States Code.
"(2) Any other program implemented by the TSA under section 109(a)(3) of the Aviation and Transportation Security Act [Pub. L. 107–71] (49 U.S.C. 114 note).
"(3) Any other United States Government program that issues a unique identifier, such as a known traveler number, that the TSA accepts as validating that the individual holding such identifier is a member of a known low-risk population.
"(c)
"(1) the authority of the Administrator, under section 44927 of title 49, United States Code, to carry out expedited screening for members of the Armed Forces with disabilities or severe injuries or veterans with disabilities or severe injuries; or
"(2) the Honor Flight program under section 44928 of that title.
"(d)
"(e)
"(1)
"(2)
"(3)
"(A) meets a risk-based, intelligence-driven criteria prescribed by the Administrator; or
"(B) undergoes a canine enhanced screening upon arrival at the passenger screening checkpoint.
"(4)
"(5)
"(A) information relating to the security effectiveness and passenger facilitation effectiveness of the risk modified screening protocol;
"(B) a determination regarding whether the risk modified screening protocol was effective; and
"(C) if the Administrator determined that the protocol was effective, a plan for the deployment of the protocol at as many TSA passenger screening checkpoints as practicable.
"(6)
"(A) the level of risk at the airport;
"(B) the available space at the airport;
"(C) passenger throughput levels at the airport;
"(D) the checkpoint configuration at the airport; and
"(E) adequate resources to appropriately serve passengers in TSA PreCheck security screening lanes at the passenger screening checkpoint.
"(f)
"(1)
"(2)
"(3)
"(g)
"(1)
"(2)
"(h)
"(i)
"(1)
"(2)
"(A) Partnering with air carriers (as the term is defined in section 40102 of title 49, United States Code) to incorporate PreCheck Program promotion opportunities in the reservation process described in section 1560.101 of title 49, Code of Federal Regulations;[.]
"(B) Including in the PreCheck Program of [sic] an individual who—
"(i) holds a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance, unless the individual has had the individual's clearance revoked or did not pass a periodic reinvestigation; or
"(ii) is a current, full-time Federal law enforcement officer.
"(C) Providing PreCheck Program enrollment flexibility by offering secure mobile enrollment platforms that facilitate in-person identity verification and application data collection, such as through biometrics.
"(D) Reducing travel time to PreCheck Program enrollment centers for applicants, including—
"(i) by adjusting the locations and schedules of existing PreCheck Program enrollment centers to accommodate demand;
"(ii) by seeking to colocate such enrollment centers with existing facilities that support the issuance of—
"(I) United States passports; and
"(II) Security Identification Display Area credentials (as the term is defined in section 1540.5 of title 49, Code of Federal Regulations) located in public, non-secure areas of airports if no systems of an airport operator are used in support of enrollment activities for such credentials; and
"(iii) by increasing the availability of PreCheck Program enrollment platforms, such as kiosks, tablets, or staffed laptop stations.
"(E) The feasibility of providing financial assistance or other incentives for PreCheck Program enrollment for—
"(i) children who are at least 12 years or older, but less than 18 years old;
"(ii) families consisting of 5 or more immediate family members;
"(iii) private sector entities, including small businesses, to establish PreCheck Program enrollment centers in their respective facilities; and
"(iv) private sector entities, including small business concerns (as the term is described in section 3 of the Small Business Act (15 U.S.C. 632)), to reimburse an employee for the cost of the PreCheck Program application."
(a)
(b)
(1)
(2)
(3)
(A)
(i) the findings that served as the basis for the denial;
(ii) the results of any cost or security analysis conducted in considering the application; and
(iii) recommendations on how the airport operator can address the reasons for the denial.
(B)
(c)
(d)
(1)
(2)
(A) the level of screening services and protection provided at the airport under the contract will be equal to or greater than the level that would be provided at the airport by Federal Government personnel under this chapter;
(B) the private screening company is owned and controlled by a citizen of the United States, to the extent that the Administrator determines that there are private screening companies owned and controlled by such citizens; and
(C) the selected qualified private screening company offered contract price is equal to or less than the cost to the Federal Government to provide screening services at the airport.
(3)
(e)
(1) provide Federal Government supervisors to oversee all screening at each airport at which screening services are provided under this section and provide Federal Government law enforcement officers at the airport pursuant to this chapter; and
(2) undertake covert testing and remedial training support for employees of private screening companies providing screening at airports.
(f)
(g)
(1) such airport operator's decision to submit an application to the Secretary of Homeland Security under subsection (a) or such airport operator's decision not to submit an application; and
(2) any act of negligence, gross negligence, or intentional wrongdoing by—
(A) a qualified private screening company or any of its employees in any case in which the qualified private screening company is acting under a contract entered into with the Secretary of Homeland Security or the Secretary's designee; or
(B) employees of the Federal Government providing passenger and property security screening services at the airport.
(3) Nothing in this section shall relieve any airport operator from liability for its own acts or omissions related to its security responsibilities, nor except as may be provided by the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 shall it relieve any qualified private screening company or its employees from any liability related to its own acts of negligence, gross negligence, or intentional wrongdoing.
(h)
(1)
(2)
(i) 1
(i) 1
(Added Pub. L. 107–71, title I, §108(a), Nov. 19, 2001, 115 Stat. 612; amended Pub. L. 109–90, title V, §547, Oct. 18, 2005, 119 Stat. 2089; Pub. L. 112–95, title VIII, §830(a)–(c), Feb. 14, 2012, 126 Stat. 135; Pub. L. 115–254, div. K, title I, §§1946(a), 1991(d)(17), Oct. 5, 2018, 132 Stat. 3585, 3636.)
The Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, referred to in subsec. (g)(3), is subtitle G (§§861–865) of title VIII of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2238, also known as the SAFETY Act, which is classified generally to part G (§441 et seq.) of subchapter VIII of chapter 1 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables.
The Federal Advisory Committee Act, referred to in subsec. (h)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
2018—Pub. L. 115–254, §1946(a)(1), substituted "Screening partnership program" for "Security screening opt-out program" in section catchline.
Subsec. (a). Pub. L. 115–254, §1946(a)(2), amended subsec. (a) generally. Prior to amendment, text read as follows: "On or after the last day of the 2-year period beginning on the date on which the Under Secretary transmits to Congress the certification required by section 110(c) of the Aviation and Transportation Security Act, an operator of an airport may submit to the Under Secretary an application to have the screening of passengers and property at the airport under section 44901 to be carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary."
Subsec. (b)(1). Pub. L. 115–254, §1946(a)(3)(A), amended par. (1) generally. Prior to amendment, text read as follows: "Not later than 120 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Under Secretary shall approve or deny the application."
Subsec. (b)(2), (3). Pub. L. 115–254, §1946(a)(3)(B), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (d). Pub. L. 115–254, §1946(a)(4)(A), substituted "Selection of Contracts and Standards" for "Standards" in heading.
Subsec. (d)(1). Pub. L. 115–254, §1946(a)(4)(C)(i), substituted "The Administrator shall, upon approval of the application, provide the airport operator with a list of qualified private screening companies." for "The Under Secretary may enter into a contract with a private screening company to provide screening at an airport under this section only if the Under Secretary determines and certifies to Congress that—". Former subpars. (A) and (B) of par. (1) redesignated subpars. (A) and (B), respectively, of par. (2).
Subsec. (d)(2). Pub. L. 115–254, §1946(a)(4)(C)(ii), inserted par. (2) designation, heading, and introductory provisions before former subpars. (A) and (B) of par. (1), thereby making them part of par. (2). Former par. (2) redesignated (3).
Subsec. (d)(2)(B). Pub. L. 115–254, §1946(a)(4)(D)(ii)(I), substituted "Administrator" for "Under Secretary".
Subsec. (d)(2)(C). Pub. L. 115–254, §1946(a)(4)(D)(i), (ii)(II), (iii), added subpar. (C).
Subsec. (d)(3). Pub. L. 115–254, §1946(a)(4)(E), substituted "Administrator" for "Under Secretary" in two places and "paragraph (2)(B)" for "paragraph (1)(B)".
Pub. L. 115–254, §1946(a)(4)(B), redesignated par. (2) as (3).
Subsec. (e). Pub. L. 115–254, §1946(a)(5)(B)–(E), substituted "The Administrator shall—" for "The Under Secretary shall", inserted par. (1) designation before "provide Federal Government", realigned margins, and added par. (2).
Pub. L. 115–254, §1946(a)(5)(A), substituted "Screening" for "Screened" in heading.
Subsec. (f). Pub. L. 115–254, §1946(a)(6), inserted "or Suspension" after "Termination" in heading, and, in text, substituted "Administrator" for "Under Secretary" in two places and "suspend or terminate, as appropriate," for "terminate".
Subsec. (g)(1). Pub. L. 115–254, §1991(d)(17)(A), substituted "subsection (a)" for "subsection (a) or section 44919".
Subsec. (h). Pub. L. 115–254, §1946(a)(7), added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: "As part of any submission of an application for a private screening company to provide screening services at an airport, the airport operator shall provide to the Under Secretary a recommendation as to which company would best serve the security screening and passenger needs of the airport, along with a statement explaining the basis of the operator's recommendation."
Subsec. (i). Pub. L. 115–254, §1991(d)(17)(B), added subsec. (i) defining "Administrator".
Pub. L. 115–254, §1946(a)(7), added subsec. (i) relating to innovative screening approaches and technologies.
2012—Subsec. (b). Pub. L. 112–95, §830(a), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Under Secretary may approve any application submitted under subsection (a)."
Subsec. (d). Pub. L. 112–95, §830(b), designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added par. (2).
Subsec. (h). Pub. L. 112–95, §830(c), added subsec. (h).
2005—Subsec. (g). Pub. L. 109–90 added subsec. (g).
Pub. L. 115–254, div. K, title I, §1946(c), Oct. 5, 2018, 132 Stat. 3587, provided that: "Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall approve or deny, in accordance with section 44920(b) of title 49, United States Code, as amended by this Act, each application submitted before the date of enactment of this Act, by an airport operator under subsection (a) of that section, that is awaiting such a determination."
Defense Security Service of the Department of Defense changed to Defense Counterintelligence and Security Agency effective June 20, 2019, pursuant to Ex. Ord. No. 13467, set out as a note under section 3161 of Title 50, War and National Defense.
1 So in original. Two subsecs. (i) have been enacted.
(a)
(b)
(1)
(2)
(3)
(A) The type of firearm to be used by a Federal flight deck officer.
(B) The type of ammunition to be used by a Federal flight deck officer.
(C) The standards and training needed to qualify and requalify as a Federal flight deck officer.
(D) The placement of the firearm of a Federal flight deck officer on board the aircraft to ensure both its security and its ease of retrieval in an emergency.
(E) An analysis of the risk of catastrophic failure of an aircraft as a result of the discharge (including an accidental discharge) of a firearm to be used in the program into the avionics, electrical systems, or other sensitive areas of the aircraft.
(F) The division of responsibility between pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal flight deck officer and if both pilots are Federal flight deck officers.
(G) Procedures for ensuring that the firearm of a Federal flight deck officer does not leave the cockpit if there is a disturbance in the passenger cabin of the aircraft or if the pilot leaves the cockpit for personal reasons.
(H) Interaction between a Federal flight deck officer and a Federal air marshal on board the aircraft.
(I) The process for selection of pilots to participate in the program based on their fitness to participate in the program, including whether an additional background check should be required beyond that required by section 44936(a)(1).
(J) Storage and transportation of firearms between flights, including international flights, to ensure the security of the firearms, focusing particularly on whether such security would be enhanced by requiring storage of the firearm at the airport when the pilot leaves the airport to remain overnight away from the pilot's base airport.
(K) Methods for ensuring that security personnel will be able to identify whether a pilot is authorized to carry a firearm under the program.
(L) Methods for ensuring that pilots (including Federal flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to carry a firearm aboard the aircraft.
(M) Any other issues that the Administrator considers necessary.
(N) The Administrator's decisions regarding the methods for implementing each of the foregoing procedural requirements shall be subject to review only for abuse of discretion.
(4)
(5)
(6)
(7)
(c)
(1)
(2)
(A)
(B)
(i) Training to ensure that the officer achieves the level of proficiency with a firearm required under subparagraph (C)(i).
(ii) Training to ensure that the officer maintains exclusive control over the officer's firearm at all times, including training in defensive maneuvers.
(iii) Training to assist the officer in determining when it is appropriate to use the officer's firearm and when it is appropriate to use less than lethal force.
(C)
(i)
(ii)
(I)
(II)
(iii)
(I)
(II)
(iv)
(D)
(d)
(1)
(2)
(A)
(i) the pilot is employed by an air carrier;
(ii) the Administrator determines (in the Administrator's discretion) that the pilot meets the standards established by the Administrator for being such an officer; and
(iii) the Administrator determines that the pilot has completed the training required by the Administrator.
(B)
(3)
(4)
(5)
(e)
(1)
(2)
(f)
(1)
(2)
(3)
(4)
(g)
(h)
(1)
(2)
(3)
(i)
(1) shall revoke the deputization of the Federal flight deck officer responsible for that firearm if the Administrator determines that the discharge was attributable to the negligence of the officer; and
(2) if the Administrator determines that a shortcoming in standards, training, or procedures was responsible for the accidental discharge, may temporarily suspend the program until the shortcoming is corrected.
(j)
(1) prohibit a Federal flight deck officer from piloting an aircraft operated by the air carrier; or
(2) terminate the employment of a Federal flight deck officer, solely on the basis of his or her volunteering for or participating in the program under this section.
(k)
(l)
(1)
(2)
(3)
(4)
(Added Pub. L. 107–296, title XIV, §1402(a), Nov. 25, 2002, 116 Stat. 2300; amended Pub. L. 108–176, title VI, §609(b), Dec. 12, 2003, 117 Stat. 2570; Pub. L. 115–254, div. K, title I, §1963(a)–(h), Oct. 5, 2018, 132 Stat. 3601–3603.)
Section 40119 of this title, referred to in subsec. (b)(5), was repealed by Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.
The date of enactment of the TSA Modernization Act, referred to in subsec. (c)(2)(D), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.
2018—Pub. L. 115–254, §1963(h)(7), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1963(h)(1), substituted "Administrator" for "Under Secretary of Transportation for Security".
Subsec. (b)(1). Pub. L. 115–254, §1963(h)(2)(A), substituted "The Administrator" for "Not later than 3 months after the date of enactment of this section, the Under Secretary".
Subsec. (b)(2). Pub. L. 115–254, §1963(h)(2)(B), substituted "The Administrator shall train and deputize" for "Beginning 3 months after the date of enactment of this section, the Under Secretary shall begin the process of training and deputizing".
Subsec. (b)(3)(N). Pub. L. 115–254, §1963(h)(2)(C), substituted "Administrator's" for "Under Secretary's".
Subsec. (c)(2)(C)(ii). Pub. L. 115–254, §1963(a), designated existing provisions as subcl. (I), inserted heading, struck out "approved by the Under Secretary" after "facility", and added subcl. (II).
Subsec. (c)(2)(C)(iii). Pub. L. 115–254, §1963(b)(1), designated existing provisions as subcl. (I), inserted heading, substituted "The Administrator shall" for "The Under Secretary shall" and "the Administrator" for "the Under Secretary", and added subcl. (II).
Subsec. (c)(2)(C)(iv). Pub. L. 115–254, §1963(b)(2), added cl. (iv).
Subsec. (c)(2)(D). Pub. L. 115–254, §1963(c), added subpar. (D).
Subsec. (d)(2). Pub. L. 115–254, §1963(f), designated existing provisions as subpar. (A), inserted heading, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), substituted "Administrator's" for "Under Secretary's" in subpar. (A)(ii), and added subpar. (B).
Subsec. (d)(4). Pub. L. 115–254, §1963(h)(3), substituted "may" for "may," and "Administrator's" for "Under Secretary's".
Subsec. (d)(5). Pub. L. 115–254, §1963(g), added par. (5).
Subsec. (e). Pub. L. 115–254, §1963(d), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (f)(1), (3). Pub. L. 115–254, §1963(e)(1), substituted "Administrator" for "Under Secretary".
Subsec. (f)(4). Pub. L. 115–254, §1963(e)(2), added par. (4).
Subsec. (i)(2). Pub. L. 115–254, §1963(h)(4), substituted "may" for "the Under Secretary may".
Subsec. (k). Pub. L. 115–254, §1963(h)(5), struck out par. (1) designation and heading before "This section" and struck out pars. (2) and (3) which defined "pilot" and defined "air transportation" to include all-cargo air transportation.
Subsec. (l). Pub. L. 115–254, §1963(h)(6), added subsec. (l).
2003—Subsec. (a). Pub. L. 108–176, §609(b)(1), struck out "passenger" before "air transportation" in two places.
Subsec. (k)(2). Pub. L. 108–176, §609(b)(2), substituted "or any other flight deck crew member" for "or, if more than 1 pilot is required for the operation of the aircraft or by the regulations under which the flight is being conducted, the individual designated as second in command".
Subsec. (k)(3). Pub. L. 108–176, §609(b)(3), added par. (3).
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.
Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security.
Pub. L. 115–254, div. K, title I, §1963(i), Oct. 5, 2018, 132 Stat. 3604, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018]—
"(1) the Secretary of Transportation shall revise section 15.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals; and
"(2) the Administrator [of the Transportation Security Administration] shall revise section 1520.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals."
Pub. L. 115–254, div. K, title I, §1963(j), Oct. 5, 2018, 132 Stat. 3604, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall prescribe such regulations as may be necessary to carry out this section [amending this section and enacting provisions set out as a note under this section] and the amendments made by this section."
Pub. L. 108–176, title VI, §609(c), Dec. 12, 2003, 117 Stat. 2570, provided that: "In carrying out the amendments made by subsection (d) [probably means subsec. (b), which amended this section], the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall ensure that passenger and cargo pilots are treated equitably in receiving access to training as Federal flight deck officers."
Pub. L. 108–176, title VI, §609(d), Dec. 12, 2003, 117 Stat. 2570, provided that: "The requirements of subsection (e) [section 609 of Pub. L. 108–176 has no subsec. (e)] shall have no effect on the deadlines for implementation contained in section 44921 of title 49, United States Code, as in effect on the day before the date of enactment of this Act [Dec. 12, 2003]."
1 See References in Text note below.
(a)
(b)
(c)
(d)
(1)
(2)
(e)
(f)
(Added Pub. L. 108–7, div. I, title III, §351(a), Feb. 20, 2003, 117 Stat. 419; amended Pub. L. 115–254, div. K, title I, §1991(d)(18), Oct. 5, 2018, 132 Stat. 3636.)
2018—Pub. L. 115–254, §1991(d)(18)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.
Pub. L. 115–254, §1991(d)(18)(A), substituted "Deputization" for "Deputation" in section catchline.
Subsec. (a). Pub. L. 115–254, §1991(d)(18)(B), in heading, substituted "Deputization" for "Deputation" and, in text, substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".
Subsec. (e). Pub. L. 115–254, §1991(d)(18)(C), substituted "deputization" for "deputation".
(a)
(1) for projects to replace baggage conveyer systems related to aviation security;
(2) for projects to reconfigure terminal baggage areas as needed to install explosive detection systems;
(3) for projects to enable the Administrator of the Transportation Security Administration to deploy explosive detection systems behind the ticket counter, in the baggage sorting area, or in line with the baggage handling system; and
(4) for other airport security capital improvement projects.
(b)
(c)
(d)
(1)
(2)
(3)
(4)
(5)
(6)
(e)
(f)
(g)
(h)
(1)
(2)
(3)
(i)
(Added Pub. L. 108–176, title VI, §605(a), Dec. 12, 2003, 117 Stat. 2566; amended Pub. L. 108–458, title IV, §4019(e)(1), Dec. 17, 2004, 118 Stat. 3722; Pub. L. 110–53, title XVI, §§1603(a), 1604(a), Aug. 3, 2007, 121 Stat. 480; Pub. L. 115–254, div. K, title I, §1991(d)(19), Oct. 5, 2018, 132 Stat. 3636.)
2018—Pub. L. 115–254, §1991(d)(19)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(19)(A), in introductory provisions, substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Border and Transportation Security of the Department of Homeland Security".
Subsec. (e). Pub. L. 115–254, §1991(d)(19)(C), struck out par. (1) designation and heading before "The Government's share" and struck out par. (2). Prior to amendment, text of par. (2) read as follows: "The Under Secretary shall revise letters of intent issued before the date of enactment of this section to reflect the cost share established in this subsection with respect to grants made after September 30, 2003."
Subsec. (j). Pub. L. 115–254, §1991(d)(19)(D), struck out subsec. (j) which authorized appropriations for fiscal years 2005 to 2011.
2007—Subsec. (a). Pub. L. 110–53, §1604(a)(1), substituted "shall make" for "may make" in introductory provisions.
Subsec. (d)(1). Pub. L. 110–53, §1604(a)(2), substituted "shall issue" for "may issue".
Subsec. (h)(1). Pub. L. 110–53, §1604(a)(3), substituted "2028" for "2007".
Subsec. (h)(2), (3). Pub. L. 110–53, §1604(a)(4), added pars. (2) and (3) and struck out former pars. (2) and (3) which related to allocation of $125,000,000 of amount available per fiscal year for large, medium, and small hub airports, nonhub airports, and on the basis of aviation security risks, and allocation of $125,000,000 of amount available per fiscal year for discretionary grants, with priority given to fulfilling letters of intent issued under subsec. (d).
Subsec. (i). Pub. L. 110–53, §1604(a)(6), added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 110–53, §1603(a), substituted "2007, and $450,000,000 for each of fiscal years 2008 through 2011" for "2007."
Subsec. (j). Pub. L. 110–53, §1604(a)(5), redesignated subsec. (i) as (j).
2004—Subsec. (i)(1). Pub. L. 108–458 substituted "$400,000,000 for each of fiscal years 2005, 2006, and 2007" for "$250,000,000 for each of fiscal years 2004 through 2007".
Section 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 an Effective Date of 2003 Amendment note under section 106 of this title.
Pub. L. 110–53, title XVI, §1604(b), Aug. 3, 2007, 121 Stat. 480, required the Administrator of the Transportation Security Administration to establish a prioritization schedule for airport security improvement projects described in this section based on risk and other relevant factors, to be funded under this section, and to provide to Congress, not later than 180 days after Aug. 3, 2007, a copy of the prioritization schedule, a corresponding timeline, and a description of the funding allocation under this section.
Pub. L. 108–458, title IV, §4019(e)(2), Dec. 17, 2004, 118 Stat. 3722, provided that: "Notwithstanding any other provision of law, the Secretary [of Homeland Security] may provide that the period of reimbursement under any letter of intent may extend for a period not to exceed 10 years after the date that the Secretary issues such letter, subject to the availability of appropriations. This paragraph applies to letters of intent issued under section 44923 of title 49, United States Code, and letters of intent issued under section 367 of the Department of Transportation and Related Agencies Appropriation Act, 2003 [Pub. L. 108–7, div. I] (49 U.S.C. 47110 note)."
1 So in original. Probably should be "Science,".
(a)
(b)
(c)
(1)
(2)
(3)
(d)
(e)
(f)
(g)
(Added Pub. L. 108–176, title VI, §611(b)(1), Dec. 12, 2003, 117 Stat. 2571; amended Pub. L. 110–53, title XVI, §1616(b), Aug. 3, 2007, 121 Stat. 488; Pub. L. 115–254, div. K, title I, §1991(d)(20), Oct. 5, 2018, 132 Stat. 3637.)
2018—Pub. L. 115–254, §1991(d)(20)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(20)(A), substituted "Administrator of the Transportation Security Administration," for "Under Secretary for Border and Transportation Security of the Department of Homeland Security," and "Administrator of the Federal Aviation Administration under" for "Administrator under".
Subsec. (b). Pub. L. 115–254, §1991(d)(20)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".
Subsec. (c). Pub. L. 115–254, §1991(d)(20)(B), which directed substitution of "Administrator of the Federal Aviation Administration" for "Administrator", was executed by making the substitution wherever appearing, to reflect the probable intent of Congress.
Subsecs. (d), (e). Pub. L. 115–254, §1991(d)(20)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".
Subsec. (f). Pub. L. 115–254, §1991(d)(20)(C), substituted "The" for "Not later than 240 days after the date of enactment of this section, the".
Pub. L. 115–254, §1991(d)(20)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".
2007—Subsec. (a). Pub. L. 110–53, §1616(b)(1), substituted "6 months" for "18 months".
Subsec. (d). Pub. L. 110–53, §1616(b)(2), inserted "(other than a station that was previously certified, or is in the process of certification, by the Administration under this part)" after "foreign repair station".
Pub. L. 110–53, §1616(b)(1), which directed amendment of subsec. (b) by substituting "6 months" for "18 months", was executed by making the substitution in subsec. (d), to reflect the probable intent of Congress.
Section 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 an Effective Date of 2003 Amendment note under section 106 of this title.
Pub. L. 110–53, title XVI, §1616(a), Aug. 3, 2007, 121 Stat. 488, provided that: "If the regulations required by section 44924(f) of title 49, United States Code, are not issued within 1 year after the date of enactment of this Act [Aug. 3, 2007], the Administrator of the Federal Aviation Administration may not certify any foreign repair station under part 145 of title 14, Code of Federal Regulations, after such date unless the station was previously certified, or is in the process of certification by the Administration under that part."
(a)
(b)
(1)
(2)
(A) a description of current efforts to detect explosives in all forms on individuals and in their personal property;
(B) a description of the operational applications of explosive detection equipment at airport screening checkpoints;
(C) a deployment schedule and a description of the quantities of equipment needed to implement the plan;
(D) a description of funding needs to implement the plan, including a financing plan that provides for leveraging of non-Federal funding;
(E) a description of the measures taken and anticipated to be taken in carrying out subsection (d); and
(F) a description of any recommended legislative actions.
(c)
(d)
(Added Pub. L. 108–458, title IV, §4013(a), Dec. 17, 2004, 118 Stat. 3719; amended Pub. L. 110–53, title XVI, §1607(b), Aug. 3, 2007, 121 Stat. 483; Pub. L. 115–254, div. K, title I, §1991(d)(21), Oct. 5, 2018, 132 Stat. 3637.)
2018—Subsec. (b)(1). Pub. L. 115–254, §1991(d)(21)(A), substituted "The Administrator of the Transportation Security Administration" for "Not later than 90 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration)".
Subsec. (b)(3). Pub. L. 115–254, §1991(d)(21)(B), struck out par. (3). Text read as follows: "The Secretary shall begin implementation of the strategic plan within one year after the date of enactment of this paragraph."
Subsec. (d). Pub. L. 115–254, §1991(d)(21)(C), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary" in two places.
2007—Subsec. (b)(3). Pub. L. 110–53 added par. (3).
Pub. L. 114–113, div. F, title II, Dec. 18, 2015, 129 Stat. 2499, provided in part: "That notwithstanding any other provision of law, for the current fiscal year and each fiscal year hereafter, mobile explosives detection systems purchased and deployed using funds made available under this heading [Transportation Security Administration, Aviation Security] may be moved and redeployed to meet evolving passenger and baggage screening security priorities at airports".
Pub. L. 110–53, title XVI, §1607(a), Aug. 3, 2007, 121 Stat. 483, provided that, not later than 30 days after Aug. 3, 2007, the Secretary of Homeland Security, in consultation with the Administrator of the Transportation Security Administration, was to issue the strategic plan the Secretary was required by subsec. (b) of this section to have issued within 90 days after Dec. 17, 2004.
Pub. L. 108–458, title IV, §4014, Dec. 17, 2004, 118 Stat. 3720, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), not later than Mar. 31, 2005, to develop and initiate a pilot program to deploy and test advanced airport checkpoint screening devices and technology as an integrated system at not less than 5 airports in the United States.
(a)
(b)
(1)
(2)
(3)
(A) ensure that the records maintained under this subsection contain information determined by the Secretary to authenticate the identity of such a passenger or individual;
(B) furnish to the Transportation Security Administration, United States Customs and Border Protection, or any other appropriate office or component of the Department, upon request, such information as may be necessary to allow such office or component to assist air carriers in improving their administration of the advanced passenger prescreening system and reduce the number of false positives; and
(C) require air carriers and foreign air carriers take action to identify passengers determined, under the process established under subsection (a), to have been wrongly identified.
(4)
(A) require that Federal employees of the Department handling personally identifiable information of passengers (in this paragraph referred to as "PII") complete mandatory privacy and security training prior to being authorized to handle PII;
(B) ensure that the records maintained under this subsection are secured by encryption, one-way hashing, other data anonymization techniques, or such other equivalent security technical protections as the Secretary determines necessary;
(C) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve a redress request;
(D) require that the data generated under this subsection shall be shared or transferred via a secure data network, that has been audited to ensure that the anti-hacking and other security related software functions properly and is updated as necessary;
(E) ensure that any employee of the Department receiving the data contained within the records handles the information in accordance with the section 552a of title 5, United States Code, and the Federal Information Security Management Act of 2002 (Public Law 107–296);
(F) only retain the data for as long as needed to assist the individual traveler in the redress process; and
(G) conduct and publish a privacy impact assessment of the process described within this subsection and transmit the assessment to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Homeland Security and Governmental Affairs of the Senate.
(5)
(Added Pub. L. 110–53, title XVI, §1606(a), Aug. 3, 2007, 121 Stat. 482; amended Pub. L. 115–254, div. K, title I, §1991(d)(22), Oct. 5, 2018, 132 Stat. 3637.)
The Federal Information Security Management Act of 2002, referred to in subsec. (b)(4)(E), is title X of Pub. L. 107–296, Nov. 25, 116 Stat. 2259. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6, Domestic Security, and Tables.
2018—Subsec. (b)(3). Pub. L. 115–254 substituted "a misidentified passenger" for "an misidentified passenger" in introductory provisions.
(a)
(b)
(c)
(1) establish and publish protocols, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the organizations identified under subsection (a), under which a severely injured or disabled member of the Armed Forces or severely injured or disabled veteran, or the family member or other representative of such member or veteran, may contact the operations center maintained under subsection (b) and request the expedited passenger screening services described in subsection (a) for that member or veteran; and
(2) upon receipt of a request under paragraph (1), require the operations center to notify the appropriate Federal Security Director of the request for expedited passenger screening services, as described in subsection (a), for that member or veteran.
(d)
(e)
(f)
(1) Information on the training provided under subsection (d).
(2) Information on the consultations between the Administrator of the Transportation Security Administration and the organizations identified under subsection (a).
(3) The number of people who accessed the operations center during the period covered by the report.
(4) Such other information as the Administrator of the Transportation Security Administration determines is appropriate.
(Added Pub. L. 113–27, §2(a), Aug. 9, 2013, 127 Stat. 503; amended Pub. L. 115–254, div. K, title I, §1991(d)(23), Oct. 5, 2018, 132 Stat. 3637.)
2018—Pub. L. 115–254, §1991(d)(23)(A), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(23)(B), substituted "Veterans Affairs that" for "Veteran Affairs that".
Subsec. (f). Pub. L. 115–254, §1991(d)(23)(C), substituted "Reports" for "Report" in heading and "Each year," for "Not later than 1 year after the date of enactment of this section, and annually thereafter," in introductory provisions.
The Administrator of the Transportation Security Administration shall establish, in collaboration with the Honor Flight Network or other not-for-profit organization that honors veterans, a process for providing expedited and dignified passenger screening services for veterans traveling on an Honor Flight Network private charter, or such other not-for-profit organization that honors veterans, to visit war memorials built and dedicated to honor the service of such veterans.
(Added Pub. L. 113–221, §2(a), Dec. 16, 2014, 128 Stat. 2094.)
(a)
(b)
(1) ensure that the screening equipment has been restored to commercially available settings;
(2) ensure that no TSA-specific security standards or algorithms exist on the screening equipment; and
(3) verify that the appropriate officials have an adequate system—
(A) to properly maintain and operate the screening equipment; and
(B) to document and track any removal or disposal of the screening equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.
(c)
(1) The specific vulnerability to the United States or United States citizens that will be mitigated by such donation.
(2) An explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made.
(4) How the Administrator will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient.
(5) The total dollar value of such donation.
(6) How the appropriate officials will document and track any removal or disposal of the screening equipment by the recipient to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.
(Added Pub. L. 115–254, div. K, title I, §1955(a)(1), Oct. 5, 2018, 132 Stat. 3595.)
The Secretary of Homeland Security may grant an exemption from a regulation prescribed in carrying out sections 44901, 44903, 44906, 44909(c), and 44935–44937 of this title when the Secretary decides the exemption is in the public interest.
(Added Pub. L. 115–254, div. K, title I, §1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)
A prior section 44931, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215, related to the Director of Intelligence and Security, prior to repeal by Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat. 603.
(a)
(b)
(Added Pub. L. 115–254, div. K, title I, §1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)
A prior section 44932, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, §110(a), Nov. 19, 2001, 115 Stat. 614, related to the Assistant Administrator for Civil Aviation Security, prior to repeal by Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat. 603.
(a)
(b)
(1) oversee the screening of passengers and property at the airport; and
(2) carry out other duties prescribed by the Administrator of the Transportation Security Administration.
(c)
(1) require each Federal Security Director of an airport to meet at least quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each such airport to discuss incident management protocols, including the resolution of screening anomalies at passenger screening checkpoints; and
(2) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with such airport operators to ensure coordinated responses to security matters.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1216; Pub. L. 107–71, title I, §§101(f)(4), 103, Nov. 19, 2001, 115 Stat. 603, 605; Pub. L. 115–254, div. K, title I, §§1989(a), 1991(d)(24), Oct. 5, 2018, 132 Stat. 3624, 3637.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44933(a) | 49 App.:1358b(a)(1), (2), (4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §319(a); added Nov. 16, 1990, Pub. L. 101–604, §104, 104 Stat. 3070. |
| 44933(b) | 49 App.:1358b(a)(3). | |
| 44933(c) | 49 App.:1358b(a)(5). |
In subsection (a), the words "Not later than 90 days after November 16, 1990" are omitted as obsolete. The words "The Administrator shall designate individuals as Managers for, and station those Managers at, those airports" are substituted for "and shall begin designating persons as such Managers and stationing such Managers at such airports" for clarity and because of the restatement. The words "and designate a current field employee of the Administration as a Manager" are substituted for "assign the functions and responsibilities described in this section to existing Federal Aviation Administration field personnel and designate such personnel accordingly" to eliminate unnecessary words. The words "to the office of" are omitted as unnecessary. The words "Not later than 1 year after November 16, 1990" are omitted as obsolete. The words "Secretary of Transportation" are substituted for "Department of Transportation" because of 49:102.
In subsection (b), before clause (1), the words "The Manager at each airport shall" are substituted for "The responsibilities of a Federal Security Manager shall include the following" to eliminate unnecessary words. In clause (2)(A), the words "air carrier" are substituted for "such air carrier" because this is the first time the term is used in the source provisions. In clause (3), the words "United States Government" are substituted for "Federal" for clarity and consistency in the revised title and with other titles of the United States Code. In clause (7), the words "other Managers" are substituted for "Federal Security Managers at other airports, as appropriate" to eliminate unnecessary words.
In subsection (c), the words "duties and powers" are substituted for "responsibilities" for clarity and consistency in the revised title and with other titles of the Code.
The date of the enactment of the TSA Modernization Act, referred to in subsec. (c), is the date of the enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(24)(C), substituted "Administrator of the Transportation Security Administration shall designate" for "Under Secretary shall designate".
Pub. L. 115–254, §1991(d)(24)(A), substituted "Administrator of the Transportation Security Administration shall establish" for "Under Secretary of Transportation for Security shall establish", "Federal Security Director" for "Federal Security Manager", and, in two places, "Federal Security Directors" for "Managers".
Subsec. (b). Pub. L. 115–254, §1991(d)(24)(B), substituted "Federal Security Director" for "Manager" in introductory provisions.
Subsec. (b)(2). Pub. L. 115–254, §1991(d)(24)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (c). Pub. L. 115–254, §1989(a), added subsec. (c).
2001—Pub. L. 107–71, §103, amended section generally, substituting provisions relating to designation, establishment, and stationing procedures and duties and powers for provisions which contained a more detailed listing of responsibilities and a prohibition against a Civil Aviation Security Field Officer being assigned security duties and powers at an airport having a Manager.
Subsec. (a). Pub. L. 107–71, §101(f)(4), substituted "Under Secretary" for "Assistant Administrator for Civil Aviation Security".
1 So in original. Probably should be "Directors".
(a)
(b)
(1) serve as the liaison of the Administrator to foreign security authorities (including governments of foreign countries and foreign airport authorities) in carrying out United States Government security requirements at that airport; and
(2) to the extent practicable, carry out duties and powers referred to in section 44933(b) of this title.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1217; Pub. L. 107–71, title I, §101(f)(4), (5), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(25), Oct. 5, 2018, 132 Stat. 3638.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44934(a) | 49 App.:1358b(b)(1), (2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §319(b); added Nov. 16, 1990, Pub. L. 101–604, §104, 104 Stat. 3071. |
| 44934(b) | 49 App.:1358b(b)(3), (4). | |
| 44934(c) | 49 App.:1358b(b)(5). |
In subsection (a), the words "Not later than 90 days after November 16, 1990" are omitted as obsolete. The words "shall designate" are substituted for "shall begin assigning" for consistency with the source provisions restated in section 44933 of the revised title and because of the restatement. The words "Not later than 2 years after November 16, 1990" are omitted as obsolete. The word "designate" is substituted for "assign" for consistency with the source provisions restated in section 44933 of the revised title. The words "outside the United States" are omitted as unnecessary.
In subsection (b), before clause (1), the words "to the office of" are omitted as unnecessary. In clause (1), the words "governments of foreign countries and foreign airport authorities" are substituted for "foreign governments and airport authorities" for clarity and consistency in the revised title and with other titles of the United States Code. In clause (2), the words "duties and powers" are substituted for "responsibilities" for consistency in the revised title and with other titles of the Code.
In subsection (c), the words "duties and powers" are substituted for "authorities" for clarity and consistency in the revised title and with other titles of the Code.
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(25)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security", "airports. In coordination with the Secretary of State" for "airports. In coordination with the Secretary", "The Secretary of State shall give high priority" for "The Secretary shall give high priority", and, wherever appearing, "Administrator" for "Under Secretary".
Subsec. (b). Pub. L. 115–254, §1991(d)(25)(B)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" in introductory provisions.
Subsec. (b)(1). Pub. L. 115–254, §1991(d)(25)(B)(ii), substituted "Administrator" for "Under Secretary".
Subsec. (c). Pub. L. 115–254, §1991(d)(25)(C), substituted "the Secretary of State and the chief" for "the Secretary and the chief".
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary" for "Administrator" wherever appearing and "of Transportation for Security" for "of the Federal Aviation Administration".
Subsec. (b). Pub. L. 107–71, §101(f)(4), substituted "Under Secretary" for "Assistant Administrator for Civil Aviation Security" in introductory provisions.
Subsec. (b)(1). Pub. L. 107–71, §101(f)(5), substituted "Under Secretary" for "Assistant Administrator".
(a)
(1) minimum training requirements for new employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, when appropriate.
(b)
(c)
(A) may train individuals employed to carry out a security program under section 44903(c) of this title; and
(B) shall prescribe uniform training standards and uniform minimum qualifications for individuals eligible for that training.
(2) The Administrator may authorize reimbursement for travel, transportation, and subsistence expenses for security training of non-United States Government domestic and foreign individuals whose services will contribute significantly to carrying out civil aviation security programs. To the extent practicable, air travel reimbursed under this paragraph shall be on air carriers.
(d)
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security coordinators.
(2) The standards shall include initial training, retraining, and continuing education requirements and methods. Those requirements and methods shall be used annually to measure the performance of ground security coordinators and security supervisory personnel.
(e)
(1)
(2)
(A)
(i) to have a satisfactory or better score on a Federal security screening personnel selection examination;
(ii) to be a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
(iii) to meet, at a minimum, the requirements set forth in subsection (f);
(iv) to meet such other qualifications as the Administrator may establish; and
(v) to have the ability to demonstrate daily a fitness for duty without any impairment due to illegal drugs, sleep deprivation, medication, or alcohol.
(B)
(C)
(3)
(f)
(1)
(A) The individual shall possess a high school diploma, a general equivalency diploma, or experience that the Administrator has determined to be sufficient for the individual to perform the duties of the position.
(B) The individual shall possess basic aptitudes and physical abilities, including color perception, visual and aural acuity, physical coordination, and motor skills, to the following standards:
(i) Screeners operating screening equipment shall be able to distinguish on the screening equipment monitor the appropriate imaging standard specified by the Administrator.
(ii) Screeners operating any screening equipment shall be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies.
(iii) Screeners shall be able to hear and respond to the spoken voice and to audible alarms generated by screening equipment in an active checkpoint environment.
(iv) Screeners performing physical searches or other related operations shall be able to efficiently and thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing.
(v) Screeners who perform pat-downs or hand-held metal detector searches of individuals shall have sufficient dexterity and capability to thoroughly conduct those procedures over an individual's entire body.
(C) The individual shall be able to read, speak, and write English well enough to—
(i) carry out written and oral instructions regarding the proper performance of screening duties;
(ii) read English language identification media, credentials, airline tickets, and labels on items normally encountered in the screening process;
(iii) provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and
(iv) write incident reports and statements and log entries into security records in the English language.
(D) The individual shall have satisfactorily completed all initial, recurrent, and appropriate specialized training required by the security program, except as provided in paragraph (3).
(2)
(3)
(A) is closely supervised; and
(B) does not make independent judgments as to whether individuals or property may enter a sterile area or aircraft without further inspection.
(4)
(5)
(A) continues to meet all qualifications and standards required to perform a screening function;
(B) has a satisfactory record of performance and attention to duty based on the standards and requirements in the security program; and
(C) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions.
(6)
(g)
(1)
(2)
(A) has completed 40 hours of classroom instruction or successfully completed a program that the Administrator determines will train individuals to a level of proficiency equivalent to the level that would be achieved by such classroom instruction;
(B) has completed 60 hours of on-the-job instructions; and
(C) has successfully completed an on-the-job training examination prescribed by the Administrator.
(3)
(h)
(1)
(2)
(3)
(4)
(i)
(j)
(k)
(l) 1
(1)
(2)
(A)
(i) methods to identify the verification of false or fraudulent travel documents; and
(ii) training on emerging threats.
(B)
(i) internal controls for monitoring and documenting compliance of transportation security officers with such training requirements; and
(ii) such other matters as identified by the Administrator with regard to such training.
(l) 1
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1217; Pub. L. 106–528, §3, Nov. 22, 2000, 114 Stat. 2519; Pub. L. 107–71, title I, §§101(f)(7), (9), 111(a), Nov. 19, 2001, 115 Stat. 603, 616; Pub. L. 107–296, title XVI, §1603, Nov. 25, 2002, 116 Stat. 2313; Pub. L. 115–254, div. K, title I, §§1948(a), 1991(d)(26), Oct. 5, 2018, 132 Stat. 3587, 3638.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44935(a) | 49 App.:1357(h). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(h)–(j); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3073. |
| 44935(b) | 49 App.:1357(i). | |
| 44935(c) | 49 App.:1357(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(c); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 416; Oct. 31, 1992, Pub. L. 102–581, §202, 106 Stat. 4890. |
| 44935(d) | 49 App.:1357(j). |
In subsection (a), before clause (1), the words "Not later than 270 days after November 16, 1990" are omitted as obsolete. The words "contracting for" are substituted for "contracting of" for clarity and consistency in the revised title.
In subsection (c)(1)(A), the words "individuals employed" are substituted for "personnel employed by him . . . and for other personnel, including State, local, and private law enforcement personnel, whose services may be utilized" for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (c)(1)(B), the words "individuals eligible" are substituted for "personnel whose services are utilized to enforce any such transportation security program, including State, local, and private law enforcement personnel . . . for personnel eligible" for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c)(2), the words "under this section" are omitted as unnecessary. The words "United States" before "air carriers" are omitted because of the definition of "air carrier" in section 40102(a) of the revised title.
In subsection (d)(1), before clause (A), the words "Not later than 180 days after November 16, 1990" are omitted as obsolete.
The date of enactment of the TSA Modernization Act, referred to in subsec. (l)(2)(A), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.
2018—Pub. L. 115–254, §1991(d)(26)(E), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(26)(A), substituted "Administrator" for "Under Secretary of Transportation for Security" in introductory provisions.
Subsec. (e)(1). Pub. L. 115–254, §1991(d)(26)(B)(i), substituted "Administrator" for "Under Secretary of Transportation for Security".
Subsec. (e)(2)(A). Pub. L. 115–254, §1991(d)(26)(B)(ii)(I), in introductory provisions, substituted "The" for "Within 30 days after the date of enactment of the Aviation and Transportation Security Act, the" and inserted "other" before "provision of law".
Subsec. (e)(2)(A)(ii). Pub. L. 115–254, §1991(d)(26)(B)(ii)(II), which directed substitution of "section 101(a)(22)" for "section 1102(a)(22)", was executed by making the substitution for "section 1101(a)(22)", to reflect the probable intent of Congress.
Subsec. (f)(1). Pub. L. 115–254, §1991(d)(26)(C), inserted "other" before "provision of law" in introductory provisions.
Subsec. (g)(2). Pub. L. 115–254, §1991(d)(26)(D), substituted "The" for "Within 60 days after the date of enactment of the Aviation and Transportation Security Act, the" in introductory provisions.
Subsec. (k). Pub. L. 115–254, §1948(a)(1), which directed the redesignation of subsec. (i) relating to accessibility of computer-based training facilities as (k) by substituting "(k)
Subsec. (l). Pub. L. 115–254, §1991(d)(26)(F), added subsec. (l) defining "Administrator".
Pub. L. 115–254, §1948(a)(2), added subsec. (l) relating to initial and recurring training.
2002—Subsec. (e)(2)(A)(ii). Pub. L. 107–296 substituted "citizen of the United States or a national of the United States, as defined in section 1101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))" for "citizen of the United States".
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration" in introductory provisions.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Subsec. (c). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions of par. (1) and in par. (2).
Subsec. (d)(1). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (e). Pub. L. 107–71, §111(a)(2), added subsec. (e) and struck out former subsec. (e) which established training standards for screeners.
Subsec. (f). Pub. L. 107–71, §111(a)(2), added subsec. (f). Former subsec. (f) redesignated (i).
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsecs. (g), (h). Pub. L. 107–71, §111(a)(2), added subsecs. (g) and (h).
Subsec. (i). Pub. L. 107–71, §111(a)(2), added subsec. (i) relating to limitation on right to strike.
Pub. L. 107–71, §111(a)(1), redesignated subsec. (f) as (i) relating to accessibility of computer-based training facilities.
Subsec. (j). Pub. L. 107–71, §111(a)(2), added subsec. (j).
2000—Subsecs. (e), (f). Pub. L. 106–528 added subsecs. (e) and (f).
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.
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.
Pub. L. 107–71, title I, §111(c), Nov. 19, 2001, 115 Stat. 620, provided that: "The Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall complete the full implementation of section 44935 (e), (f), (g), and (h) of title 49, United States Code, as amended by subsection (a), as soon as is practicable. The Under Secretary may make or continue such arrangements for the training of security screeners under that section as the Under Secretary determines necessary pending full implementation of that section as so amended."
Pub. L. 108–458, title IV, §4015, Dec. 17, 2004, 118 Stat. 3720, provided that:
"(a)
"(b)
[For definitions of "airport" and "appropriate congressional committees" used in section 4015 of Pub. L. 108–458, set out above, see section 4081 of Pub. L. 108–458, set out as a note under section 44901 of this title.]
Pub. L. 107–71, title I, §111(d), Nov. 19, 2001, 115 Stat. 620, as amended by Pub. L. 112–171, §1(a), Aug. 16, 2012, 126 Stat. 1306; Pub. L. 116–92, div. F, title LXXVI, §7606, Dec. 20, 2019, 133 Stat. 2309, provided that:
"(1)
"(2)
"(A)
"(B)
[Pub. L. 112–171, §1(b), Aug. 16, 2012, 126 Stat. 1306, provided that: "The amendments made by subsection (a) [amending section 111(d) of Pub. L. 107–71, set out above] shall take effect on the date that is 270 days after the date of the enactment of this Act [Aug. 16, 2012]."]
Pub. L. 104–264, title III, §302, Oct. 9, 1996, 110 Stat. 3250, provided that: "The Administrator of the Federal Aviation Administration is directed to certify companies providing security screening and to improve the training and testing of security screeners through development of uniform performance standards for providing security screening services."
Pub. L. 104–264, title V, §503, Oct. 9, 1996, 110 Stat. 3263, provided that the Administrator of the Federal Aviation Administration would appoint a task force consisting of appropriate representatives of the aviation industry to study the development of standards and criteria for preemployment screening tests measuring the psychomotor coordination, general intellectual capacity, instrument and mechanical comprehension, and physical and mental fitness of applicants for employment as a pilot by an air carrier, the standards and criteria for pilot training facilities to be licensed by the Administrator, and to determine if the practice of some air carriers to require employees or prospective employees to pay for necessary training or experience was in the public interest; and provided that, not later than 1 year after Oct. 9, 1996, the Administrator would send Congress a report on the results of the studies.
Pub. L. 104–264, title V, §504, Oct. 9, 1996, 110 Stat. 3263, required the Administrator of the Federal Aviation Administration to conduct a study to determine the sufficiency of existing minimum flight time requirements for individuals seeking employment as pilots with air carriers and to report to Congress on the study results not later than 1 year after Oct. 9, 1996.
1 So in original. Two subsecs. (l) have been enacted.
(a)
(i) aircraft of an air carrier or foreign air carrier; or
(ii) a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier.
(B) The Administrator shall require by regulation that an employment investigation (including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Administrator) be conducted for—
(i) individuals who are responsible for screening passengers or property under section 44901 of this title;
(ii) supervisors of the individuals described in clause (i);
(iii) individuals who regularly have escorted access to aircraft of an air carrier or foreign air carrier or a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier; and
(iv) such other individuals who exercise security functions associated with baggage or cargo, as the Administrator determines is necessary to ensure air transportation security.
(C)
(2) An air carrier, foreign air carrier, airport operator, or government that employs, or authorizes or makes a contract for the services of, an individual in a position described in paragraph (1) of this subsection shall ensure that the investigation the Administrator requires is conducted.
(3) The Administrator shall provide for the periodic audit of the effectiveness of criminal history record checks conducted under paragraph (1) of this subsection.
(b)
(A) the investigation of the individual required under this section has not been conducted; or
(B) the results of that investigation establish that, in the 10-year period ending on the date of the investigation, the individual was convicted (or found not guilty by reason of insanity) of—
(i) a crime referred to in section 46306, 46308, 46312, 46314, or 46315 or chapter 465 of this title or section 32 of title 18;
(ii) murder;
(iii) assault with intent to murder;
(iv) espionage;
(v) sedition;
(vi) treason;
(vii) rape;
(viii) kidnapping;
(ix) unlawful possession, sale, distribution, or manufacture of an explosive or weapon;
(x) extortion;
(xi) armed or felony unarmed robbery;
(xii) distribution of, or intent to distribute, a controlled substance;
(xiii) a felony involving a threat;
(xiv) a felony involving—
(I) willful destruction of property;
(II) importation or manufacture of a controlled substance;
(III) burglary;
(IV) theft;
(V) dishonesty, fraud, or misrepresentation;
(VI) possession or distribution of stolen property;
(VII) aggravated assault;
(VIII) bribery; and
(IX) illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year, or any other crime classified as a felony that the Administrator determines indicates a propensity for placing contraband aboard an aircraft in return for money; or
(xv) conspiracy to commit any of the acts referred to in clauses (i) through (xiv).
(2) The Administrator may specify other factors that are sufficient to prohibit the employment of an individual in a position described in subsection (a)(1) of this section.
(3) An air carrier, foreign air carrier, airport operator, or government may employ, or authorize or contract for the services of, an individual in a position described in subsection (a)(1) of this section without carrying out the investigation required under this section, if the Administrator approves a plan to employ the individual that provides alternate security arrangements.
(c)
(2) The Administrator shall prescribe regulations on—
(A) procedures for taking fingerprints; and
(B) requirements for using information received from the Attorney General under paragraph (1) of this subsection—
(i) to limit the dissemination of the information; and
(ii) to ensure that the information is used only to carry out this section.
(3) If an identification and criminal history record check is conducted as part of an investigation of an individual under this section, the individual—
(A) shall receive a copy of any record received from the Attorney General; and
(B) may complete and correct the information contained in the check before a final employment decision is made based on the check.
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1218; Pub. L. 104–264, title III, §§304(a), 306, title V, §502(a), Oct. 9, 1996, 110 Stat. 3251, 3252, 3259; Pub. L. 105–102, §2(25), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–142, §1, Dec. 5, 1997, 111 Stat. 2650; Pub. L. 106–181, title V, §508, Apr. 5, 2000, 114 Stat. 140; Pub. L. 106–528, §2(c), (d), Nov. 22, 2000, 114 Stat. 2517, 2518; Pub. L. 107–71, title I, §§101(f)(7), (9), 111(b), 138(a), (b)(1), 140(a)(1), Nov. 19, 2001, 115 Stat. 603, 620, 639–641; Pub. L. 115–254, div. K, title I, §1991(d)(27), Oct. 5, 2018, 132 Stat. 3638.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44936(a) | 49 App.:1357(g)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(g); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3071. |
| 49 App.:1357 (note). | Oct. 28, 1991, Pub. L. 102–143, §346, 105 Stat. 949. | |
| 44936(b) | 49 App.:1357(g)(3). | |
| 44936(c) | 49 App.:1357(g)(2) (less (A) (2d sentence)). | |
| 44936(d) | 49 App.:1357(g)(2)(A) (2d sentence), (5). | |
| 44936(e) | 49 App.:1357(g)(4). |
In subsection (a), the text of section 346 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102–143, 105 Stat. 949) is omitted as executed.
In subsection (a)(2), the words "shall ensure" are substituted for "shall take such actions as may be necessary to ensure" to eliminate unnecessary words. The word "conducted" is substituted for "performed" for consistency in the revised title.
In subsection (b)(2), the words "The Administrator may specify" are substituted for "The Administrator may specify . . . the Administrator determines" to eliminate unnecessary words. The words "prohibit the employment of an individual" are substituted for "make an individual ineligible for employment" for clarity.
In subsection (b)(3), the words "may employ" are substituted for "It shall not be a violation of subparagraph (A) for . . . to employ" to eliminate unnecessary words.
In subsection (c)(1), the words "Before designating an individual to obtain and submit fingerprints or receive results of a check, the Administrator shall consult with the Attorney General" are substituted for "after consultation with the Attorney General" for clarity.
In subsection (c)(2), before clause (A), the words "For purposes of administering this subsection" are omitted as unnecessary. In clause (A), the word "implement" is omitted as unnecessary because of the restatement. In clause (B), before subclause (ii), the word "establish" is omitted as unnecessary because of the restatement. In subclause (ii), the words "to carry out this section" are substituted for "for the purposes of this section" for clarity.
In subsection (e), the words "a law of a foreign country" are substituted for "applicable laws of a foreign government" for clarity and consistency in the revised title and with other titles of the United States Code.
This amends 49:44936(f)(1)(C) to reflect the redesignation of 49:30305(b)(7) as 49:30305(b)(8) by section 207(b) of the Coast Guard Authorization Act of 1996 (Public Law 104–324, 110 Stat. 3908).
2018—Pub. L. 115–254, §1991(d)(27)(C), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(27)(A)(i), which directed substitution of "Administrator" for "Under Secretary of Transportation for Security" wherever appearing, was executed by making the substitution for "Under Secretary of Transportation for Security" before "shall require" and for "Under Secretary of Transportation for Transportation Security" after "determined practicable by the" in two places, to reflect the probable intent of Congress.
Subsec. (a)(1)(A). Pub. L. 115–254, §1991(d)(27)(A)(ii)(I), substituted ", shall be conducted" for ",, shall be conducted" in introductory provisions.
Subsec. (a)(1)(C), (D). Pub. L. 115–254, §1991(d)(27)(A)(ii)(II), (iii), redesignated subpar. (D) as (C) and struck out former subpar. (C) which related to background checks of current employees.
Subsec. (c)(1). Pub. L. 115–254, §1991(d)(27)(B), substituted "Administrator's" for "Under Secretary's".
Subsec. (f). Pub. L. 115–254, §1991(d)(27)(D), added subsec. (f).
2001—Subsec. (a)(1)(A). Pub. L. 107–71, §138(a)(1), inserted "and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security," after "record check" in introductory provisions.
Pub. L. 107–71, §111(b)(1), inserted "as a security screener under section 44935(e) or a position" after "a position" in introductory provisions.
Pub. L. 107–71, §101(f)(7), (9), in introductory provisions, substituted "Under Secretary" for "Administrator" and "of Transportation for Security" for "of the Federal Aviation Administration".
Subsec. (a)(1)(A)(ii). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (a)(1)(B). Pub. L. 107–71, §138(a)(2), in introductory provisions, substituted "and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security" for "in any case described in subparagraph (C)".
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 107–71, §138(a)(3), substituted "are" for "will be".
Subsec. (a)(1)(B)(ii). Pub. L. 107–71, §138(a)(4), struck out "and" after semicolon.
Subsec. (a)(1)(B)(iii). Pub. L. 107–71, §138(a)(6), added cl. (iii). Former cl. (iii) redesignated (iv).
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (a)(1)(B)(iv). Pub. L. 107–71, §138(a)(5), redesignated cl. (iii) as (iv).
Subsec. (a)(1)(C). Pub. L. 107–71, §138(a)(7), (8), added subpar. (C) and struck out former subpar (C) which related to criminal history record checks.
Subsec. (a)(1)(D). Pub. L. 107–71, §138(a)(7), (9), (10), redesignated subpar. (F) as (D), substituted "107.31(m)(1) or (2)" for "107.31(m)" and "November 22, 2000. The Under Secretary shall work with the International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals exempted under this subparagraph do not pose a threat to aviation or national security" for "the date of enactment of this subparagraph" and struck out former subpar. (D) which allowed a supervised employee to remain in position until completion of record check.
Subsec. (a)(1)(E). Pub. L. 107–71, §138(a)(7), struck out subpar. (E) which related to criminal history record checks for screeners and others.
Subsec. (a)(1)(E)(iv). Pub. L. 107–71, §111(b)(2), struck out cl. (iv) which related to effective dates for subpar. (E).
Subsec. (a)(1)(F). Pub. L. 107–71, §138(a)(7), redesignated subpar. (F) as (D).
Subsec. (a)(2). Pub. L. 107–71, §§107(f)(7), 138(a)(11), substituted "carrier, airport operator, or government" for "carrier, or airport operator" and "Under Secretary" for "Administrator".
Subsec. (a)(3). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (b)(1). Pub. L. 107–71, §138(a)(12), substituted "carrier, airport operator, or government" for "carrier, or airport operator" in introductory provisions.
Subsec. (b)(1)(B)(xiv)(IX). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (b)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (b)(3). Pub. L. 107–71, §§101(f)(7), 138(a)(13), substituted "carrier, airport operator, or government" for "carrier, or airport operator" and "Under Secretary" for "Administrator".
Subsec. (c)(1). Pub. L. 107–71, §138(a)(14), inserted at end "All Federal agencies shall cooperate with the Under Secretary and the Under Secretary's designee in the process of collecting and submitting fingerprints."
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.
Subsec. (c)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (d). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Subsecs. (f) to (h). Pub. L. 107–71, §§138(b)(1), 140(a)(1), amended section identically, redesignating subsecs. (f) to (h) as (h) to (j), respectively, of section 44703 of this title.
2000—Subsec. (a)(1)(A). Pub. L. 106–528, §2(c)(1), in introductory provisions, struck out ", as the Administrator decides is necessary to ensure air transportation security," after "shall be conducted".
Subsec. (a)(1)(C)(v). Pub. L. 106–181, §508(a), added cl. (v).
Subsec. (a)(1)(D). Pub. L. 106–528, §2(c)(2), substituted "in the position for which the individual applied" for "as a screener".
Subsec. (a)(1)(E), (F). Pub. L. 106–528, §2(c)(3), added subpars. (E) and (F).
Subsec. (b)(1)(B). Pub. L. 106–528, §2(d)(1), inserted "(or found not guilty by reason of insanity)" after "convicted" in introductory provisions.
Subsec. (b)(1)(B)(xi). Pub. L. 106–528, §2(d)(2), inserted "or felony unarmed" after "armed".
Subsec. (b)(1)(B)(xiii) to (xv). Pub. L. 106–528, §2(d)(3)–(5), added cls. (xiii) and (xiv), redesignated former cl. (xiii) as (xv), and in cl. (xv) substituted "clauses (i) through (xiv)" for "clauses (i)–(xii) of this paragraph".
Subsec. (f)(1)(B). Pub. L. 106–181, §508(b)(1), inserted "(except a branch of the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces)" after "other person" in introductory provisions.
Subsec. (f)(1)(B)(ii). Pub. L. 106–181, §508(b)(2), substituted "individual's performance as a pilot" for "individual" in introductory provisions.
Subsec. (f)(5). Pub. L. 106–181, §508(b)(3), inserted before period at end of first sentence "; except that, for purposes of paragraph (15), the Administrator may allow an individual designated by the Administrator to accept and maintain written consent on behalf of the Administrator for records requested under paragraph (1)(A)".
Subsec. (f)(13). Pub. L. 106–181, §508(b)(4)(A), substituted "shall" for "may" in introductory provisions.
Subsec. (f)(13)(A)(i). Pub. L. 106–181, §508(b)(4)(B), inserted "and disseminated under paragraph (15)" after "requested under paragraph (1)".
Subsec. (f)(14)(B). Pub. L. 106–181, §508(b)(5), inserted "or from a foreign government or entity that employed the individual" after "exists".
Subsec. (f)(15). Pub. L. 106–181, §508(b)(6), added par. (15).
1997—Subsec. (f)(1). Pub. L. 105–142, §1(1), substituted "Subject to paragraph (14), before allowing an individual to begin service" for "Before hiring an individual" in introductory provisions.
Subsec. (f)(1)(B). Pub. L. 105–142, §1(2), inserted "as a pilot of a civil or public aircraft" before "at any time" in introductory provisions.
Subsec. (f)(1)(C). Pub. L. 105–102 substituted "section 30305(b)(8) of this title" for "section 30305(b)(7)".
Subsec. (f)(4). Pub. L. 105–142, §1(3), inserted "and air carriers" after "Administrator" and substituted "paragraphs (1)(A) and (1)(B)" for "paragraph (1)(A)".
Subsec. (f)(5). Pub. L. 105–142, §1(4), substituted "this subsection" for "this paragraph".
Subsec. (f)(10). Pub. L. 105–142, §1(5), inserted "who is or has been" before "employed" and ", but not later than 30 days after the date" after "reasonable time".
Subsec. (f)(14). Pub. L. 105–142, §1(6), added par. (14).
1996—Subsec. (a)(1). Pub. L. 104–264, §304(a), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) of par. (1) as cls. (i) and (ii) of subpar. (A), respectively, and added subpars. (B) to (D).
Subsec. (a)(3). Pub. L. 104–264, §306, added par. (3).
Subsecs. (f) to (h). Pub. L. 104–264, §502(a), added subsecs. (f) to (h).
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.
Pub. L. 104–264, title III, §304(b), Oct. 9, 1996, 110 Stat. 3252, provided that: "The amendment made by subsection (a)(3) [amending this section] shall apply to individuals hired to perform functions described in section 44936(a)(1)(B) of title 49, United States Code, after the date of the enactment of this Act [Oct. 9, 1996]; except that the Administrator of the Federal Aviation Administration may, as the Administrator determines to be appropriate, require such employment investigations or criminal history records checks for individuals performing those functions on the date of the enactment of this Act."
Amendment by section 502(a) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot whose application was first received by the carrier on or after the 120th day following Oct. 9, 1996, see section 502(d) of Pub. L. 104–264, set out as a note under section 30305 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Pub. L. 106–528, §2(a), (b), Nov. 22, 2000, 114 Stat. 2517, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
Except as specifically provided by law, the Administrator of the Transportation Security Administration may not transfer a duty or power under section 44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or 44938(b)(3) of this title to another department, agency, or instrumentality of the United States Government.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1219; Pub. L. 103–429, §6(57), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(28), Oct. 5, 2018, 132 Stat. 3639.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44937 | 49 App.:1357(e)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(e)(1); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 417. |
The word "otherwise" is omitted as surplus. The word "assigned" is omitted as being included in "transfer". The word "function" is omitted as being included in "duty or power". The words "department, agency, or instrumentality of the United States Government" are substituted for "Federal department or agency" for clarity and consistency in the revised title and with other titles of the United States Code.
This amends 49:44937 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1219).
2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".
2001—Pub. L. 107–71 substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".
1994—Pub. L. 103–429 substituted "44906" for "44906(a)(1) or (b)".
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(a)
(1) an assessment of trends and developments in terrorist activities, methods, and other threats to transportation;
(2) an evaluation of deployment of explosive detection devices;
(3) recommendations for research, engineering, and development activities related to transportation security, except research engineering and development activities related to aviation security to the extent those activities are covered by the national aviation research plan required under section 44501(c) of this title;
(4) identification and evaluation of cooperative efforts with other departments, agencies, and instrumentalities of the United States Government;
(5) an evaluation of cooperation with foreign transportation and security authorities;
(6) the status of the extent to which the recommendations of the President's Commission on Aviation Security and Terrorism have been carried out and the reasons for any delay in carrying out those recommendations;
(7) a summary of the activities of the Director of Intelligence and Security in the 12-month period ending on the date of the report;
(8) financial and staffing requirements of the Director;
(9) an assessment of financial and staffing requirements, and attainment of existing staffing goals, for carrying out duties and powers of the Administrator of the Transportation Security Administration related to security; and
(10) appropriate legislative and regulatory recommendations.
(b)
(1) on the effectiveness of procedures under section 44901 of this title;
(2) that includes a summary of the assessments conducted under section 44907(a)(1) and (2) of this title; and
(3) that includes an assessment of the steps being taken, and the progress being made, in ensuring compliance with section 44906 of this title for each foreign air carrier security program at airports outside the United States—
(A) at which the Administrator of the Transportation Security Administration decides that Foreign Security Liaison Officers are necessary for air transportation security; and
(B) for which extraordinary security measures are in place.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1220; Pub. L. 103–305, title V, §502, Aug. 23, 1994, 108 Stat. 1595; Pub. L. 105–362, title XV, §1502(b), Nov. 10, 1998, 112 Stat. 3295; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(29), Oct. 5, 2018, 132 Stat. 3639.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44938(a) | 49 App.:1356(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(b); added Nov. 16, 1990, Pub. L. 101–604, §102(a), 104 Stat. 3068. |
| 44938(b)(1), (2) | 49 App.:1356(a) (3d sentence 1st–18th words, last sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(a) (3d sentence 1st–18th words, last sentence); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415; Aug. 8, 1985, Pub. L. 99–83, §551(b)(1), 99 Stat. 225; Nov. 16, 1990, Pub. L. 101–604, §102(b), 104 Stat. 3069. |
| 44938(b)(3) | 49 App.:1357(k)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(k)(4); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3074. |
| 44938(c) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(d), 104 Stat. 3075. |
In subsection (a), before clause (1), the words "each year" are substituted for "of calendar year 1991 and of each calendar year thereafter" to eliminate unnecessary words. In clauses (8) and (9), the word "financial" is substituted for "funding" for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the word "screening" is omitted as surplus.
In subsection (b)(2), the words "a summary of the assessments conducted under section 44907(a)(1) and (2) of this title" are substituted for "the information described in section 1515(c) of this Appendix" for clarity.
In subsection (b)(3), before clause (A), the words "that includes" are substituted for "The Administrator shall submit to Congress as part of the annual report required by section 315(a)" because of the restatement.
2018—Pub. L. 115–254, §1991(d)(29)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(29)(A), substituted "Secretary of Homeland Security" for "Secretary of Transportation" and "Administrator of the Transportation Security Administration submits under subsection (b)" for "Under Secretary of Transportation for Security submits under subsection (b)" in introductory provisions.
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), in introductory provisions, substituted "Under Secretary" for "Administrator" in two places and "of Transportation for Security" for "of the Federal Aviation Administration".
Subsec. (a)(9). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions and par. (3)(A).
1998—Subsec. (a). Pub. L. 105–362, §1502(b)(1), in second sentence of introductory provisions, substituted "biennial report" for "annual report" and inserted "in each year the Administrator submits the biennial report" after "subsection (b) of this section".
Subsec. (b). Pub. L. 105–362, §1502(b)(2), substituted "biennially" for "annually" in introductory provisions.
Subsec. (c). Pub. L. 105–362, §1502(b)(3), struck out heading and text of subsec. (c). Text read as follows: "The Administrator shall submit to Congress an annual report for each of the calendar years 1991 and 1992 on the progress being made, and the problems occurring, in carrying out section 44904 of this title. The report shall include recommendations for improving domestic air transportation security."
1994—Subsec. (a). Pub. L. 103–305 substituted "March 31" for "December 31".
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 8th item on page 132 and the 11th item on page 138 identify reporting provisions which, as subsequently amended, are contained, respectively, in subsecs. (a) and (b)(1), (2) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
(a)
(1) that person has first notified the Secretary that the alien or individual has requested such training and submitted to the Secretary, in such form as the Secretary may prescribe, the following information about the alien or individual:
(A) full name, including any aliases used by the applicant or variations in spelling of the applicant's name;
(B) passport and visa information;
(C) country of citizenship;
(D) date of birth;
(E) dates of training; and
(F) fingerprints collected by, or under the supervision of, a Federal, State, or local law enforcement agency or by another entity approved by the Federal Bureau of Investigation or the Secretary of Homeland Security, including fingerprints taken by United States Government personnel at a United States embassy or consulate; and
(2) the Secretary has not directed, within 30 days after being notified under paragraph (1), that person not to provide the requested training because the Secretary has determined that the individual presents a risk to aviation or national security.
(b)
(c)
(d)
(1) holds an airman's certification of a foreign country that is recognized by an agency of the United States, including a military agency, that permits an individual to operate a multi-engine aircraft that has a certificated takeoff weight of more than 12,500 pounds;
(2) is employed by a foreign air carrier that is certified under part 129 of title 14, Code of Federal Regulations, and that has a security program approved under section 1546 of title 49, Code of Federal Regulations;
(3) is an individual that has unescorted access to a secured area of an airport designated under section 44936(a)(1)(A)(ii); or
(4) is an individual that is part of a class of individuals that the Secretary has determined that providing aviation training to presents minimal risk to aviation or national security because of the aviation training already possessed by such class of individuals.
(e)
(f)
(g)
(1)
(2)
(A) shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Secretary for those expenses; and
(B) shall remain available until expended.
(h)
(i)
(Added Pub. L. 107–71, title I, §113(a), Nov. 19, 2001, 115 Stat. 622; amended Pub. L. 108–176, title VI, §612(a), Dec. 12, 2003, 117 Stat. 2572; Pub. L. 115–254, div. K, title I, §1991(d)(30), Oct. 5, 2018, 132 Stat. 3639.)
2018—Subsec. (d). Pub. L. 115–254 substituted "The Secretary of Homeland Security" for "Not later than 60 days after the date of enactment of this section, the Secretary" in introductory provisions.
2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d) relating to waiting period for training, interruption of training, covered training, and security awareness training for employees.
Pub. L. 108–176, title VI, §612(c), Dec. 12, 2003, 117 Stat. 2574, provided that: "The amendment made by subsection (a) [amending this section] takes effect on the effective date of the interim final rule required by subsection (b)(1) [set out below] [rule effective Sept. 20, 2004, see 69 F.R. 56323]."
Pub. L. 107–71, title I, §113(d), Nov. 19, 2001, 115 Stat. 622, provided that: "The amendment made by subsection (a) [enacting this section] applies to applications for training received after the date of enactment of this Act [Nov. 19, 2001]."
Pub. L. 108–176, title VI, §612(b), Dec. 12, 2003, 117 Stat. 2574, provided that:
"(1)
"(2)
"(3)
Pub. L. 108–176, title VI, §612(d), Dec. 12, 2003, 117 Stat. 2574, provided that, not later than 1 year after Dec. 12, 2003, the Secretary of Homeland Security would submit to Congress a report on the effectiveness of the activities carried out under this section in reducing risks to aviation and national security.
Pub. L. 107–71, title I, §113(c), Nov. 19, 2001, 115 Stat. 622, provided that: "The Secretary of Transportation, in consultation with the Secretary of State, shall work with the International Civil Aviation Organization and the civil aviation authorities of other countries to improve international aviation security through screening programs for flight instruction candidates."
(a)
(1)
(A) Salary, benefits, overtime, retirement and other costs of screening personnel, their supervisors and managers, and Federal law enforcement personnel deployed at airport security screening locations under section 44901.
(B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel.
(C) The costs of performing background investigations of personnel described in subparagraphs (A), (D), (F), and (G).
(D) The costs of the Federal air marshals program.
(E) The costs of performing civil aviation security research and development under this title.
(F) The costs of Federal Security Managers under section 44903.
(G) The costs of deploying Federal law enforcement personnel pursuant to section 44903(h).
(H) The costs of security-related capital improvements at airports.
(I) The costs of training pilots and flight attendants under sections 44918 and 44921.
(2)
(A)
(B)
(b)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(3)
(4)
(5)
(6)
(f)
(1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;
(2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and
(3) shall remain available until expended.
(g)
(h)
(i)
(1)
(2)
(3)
(4)
(A) $1,320,000,000 for fiscal year 2018.
(B) $1,360,000,000 for fiscal year 2019.
(C) $1,400,000,000 for fiscal year 2020.
(D) $1,440,000,000 for fiscal year 2021.
(E) $1,480,000,000 for fiscal year 2022.
(F) $1,520,000,000 for fiscal year 2023.
(G) $1,560,000,000 for fiscal year 2024.
(H) $1,600,000,000 for fiscal year 2025.
(M) 1 $1,640,000,000 for fiscal year 2026.
(N) 1 $1,680,000,000 for fiscal year 2027.
(Added Pub. L. 107–71, title I, §118(a), Nov. 19, 2001, 115 Stat. 625; amended Pub. L. 108–7, div. I, title III, §351(b), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–176, title VI, §605(b)(1), (2), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 110–53, title XVI, §1601, Aug. 3, 2007, 121 Stat. 477; Pub. L. 110–161, div. E, title V, §540, Dec. 26, 2007, 121 Stat. 2079; Pub. L. 113–67, div. A, title VI, §601(a)(1), (2), (b), (c), Dec. 26, 2013, 127 Stat. 1187; Pub. L. 113–294, §1(a), Dec. 19, 2014, 128 Stat. 4009; Pub. L. 114–41, title III, §3001, July 31, 2015, 129 Stat. 460; Pub. L. 115–123, div. C, title II, §30202, Feb. 9, 2018, 132 Stat. 126; Pub. L. 115–254, div. K, title I, §§1940, 1991(d)(31), Oct. 5, 2018, 132 Stat. 3582, 3639.)
Pub. L. 107–71, title I, §118(a), Nov. 19, 2001, 115 Stat. 625, which directed the addition of section 44940 at end of subchapter II of chapter 449 without specifying the Code title to be amended, was executed by adding this section at the end of this subchapter, to reflect the probable intent of Congress.
2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(31)(A)(i)(II), struck out concluding provisions which read as follows: "The amount of such costs shall be determined by the Under Secretary and shall not be subject to judicial review. For purposes of subparagraph (A), the term 'Federal law enforcement personnel' includes State and local law enforcement officers who are deputized under section 44922."
Pub. L. 115–254, §1991(d)(31)(A)(i)(I), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.
Subsec. (a)(2). Pub. L. 115–254, §1991(d)(31)(A)(ii), added par. (2).
Subsec. (b). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (c)(3). Pub. L. 115–254, §1940, added par. (3).
Subsec. (d)(1). Pub. L. 115–254, §1991(d)(31)(C)(i), struck out "within 60 days of the date of enactment of this Act, or" after "of the fee" and "thereafter" before period at end.
Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (d)(2). Pub. L. 115–254, §1991(d)(31)(C)(ii), substituted "paragraph (1) of this subsection" for "subsection (d)" in two places.
Subsec. (d)(3). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (e)(1). Pub. L. 115–254, §1991(d)(31)(D), substituted "Fees payable to Administrator" for "Fees payable to Under Secretary" in heading.
Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (e)(4). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" in two places.
Subsecs. (g), (h). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (i)(4)(A) to (L). Pub. L. 115–254, §1991(d)(31)(E), redesignated subpars. (E) to (L) as (A) to (H), respectively, and struck out former subpars. (A) to (D) which read as follows:
"(A) $390,000,000 for fiscal year 2014.
"(B) $1,190,000,000 for fiscal year 2015.
"(C) $1,250,000,000 for fiscal year 2016.
"(D) $1,280,000,000 for fiscal year 2017."
Subsec. (i)(4)(M), (N). Pub. L. 115–123 added subpars. (M) and (N).
2015—Subsec. (i)(4)(K), (L). Pub. L. 114–41 added subpars. (K) and (L).
2014—Subsec. (c). Pub. L. 113–294 amended subsec. (c) generally. Prior to amendment, text read as follows: "Fees imposed under subsection (a)(1) shall be $5.60 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United States."
2013—Subsec. (a)(2). Pub. L. 113–67, §601(a)(1), struck out par. (2) which related to fees on air carriers and foreign air carriers engaged in air transportation and intrastate air transportation.
Subsec. (c). Pub. L. 113–67, §601(b), amended subsec. (c) generally. Prior to amendment, text read as follows: "Fees imposed under subsection (a)(1) may not exceed $2.50 per enplanement in air transportation or intrastate air transportation that originates at an airport in the United States, except that the total amount of such fees may not exceed $5.00 per one-way trip."
Subsec. (d)(1). Pub. L. 113–67, §601(a)(2), struck out ", and may impose a fee under subsection (a)(2)," after "under subsection (a)(1)".
Subsec. (i). Pub. L. 113–67, §601(c), amended subsec. (i) generally. Prior to amendment, subsec. (i) related to the Checkpoint Screening Security Fund.
2007—Subsec. (a)(2)(A), (B)(iv). Pub. L. 110–161, which directed amendment of subsec. (a)(2) "by striking the period in the last sentence of subparagraph (A) and the clause (iv) of subparagraph B and adding the following, 'except for estimates and additional collections made pursuant to the appropriation for Aviation Security in Public Law 108–334: Provided, That such judicial review shall be pursuant to section 46110 of title 49, United States Code: Provided further, That such judicial review shall be limited only to additional amounts collected by the Secretary before October 1, 2007.' ", was executed by substituting the quoted language directed to be added for the period at the end of last sentence of subpar. (A) and for the period at the end of cl. (iv) of subpar. (B), to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 110–53, §1601(1), inserted ", other than subsection (i)," before "except to".
Subsec. (i). Pub. L. 110–53, §1601(2), added subsec. (i).
2003—Subsec. (a)(1). Pub. L. 108–7 inserted at end of concluding provisions "For purposes of subparagraph (A), the term 'Federal law enforcement personnel' includes State and local law enforcement officers who are deputized under section 44922."
Subsec. (a)(1)(H), (I). Pub. L. 108–176, §605(b)(1), added subpars. (H) and (I).
Subsec. (d)(4). Pub. L. 108–176, §605(b)(2), substituted "appropriations Act or in section 44923" for "appropriations Act".
Pub. L. 113–294, §1(b), Dec. 19, 2014, 128 Stat. 4009, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to a trip in air transportation or intrastate air transportation that is purchased on or after the date of the enactment of this Act [Dec. 19, 2014]."
Pub. L. 113–67, div. A, title VI, §601(a)(3), Dec. 26, 2013, 127 Stat. 1187, provided that: "The repeal made by paragraph (1) [amending this section] and the amendment made by paragraph (2) [amending this section] shall each take effect on October 1, 2014."
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.
General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 113–67, div. A, title VI, §601(d), Dec. 26, 2013, 127 Stat. 1188, provided that: "The Secretary of Homeland Security shall implement the fee increase authorized by the amendment made by subsection (b) [amending this section]—
"(1) beginning on July 1, 2014; and
"(2) through the publication of notice of such fee in the Federal Register, notwithstanding section 9701 of title 31, United States Code, and the procedural requirements of section 553 of title 5, United States Code."
Pub. L. 113–67, div. A, title VI, §601(e), Dec. 26, 2013, 127 Stat. 1188, provided that: "The amendments made by this section [amending this section] shall not affect the availability of funds made available under section 44940(i) of title 49, United States Code, before the date of enactment of this Act [Dec. 26, 2013]."
(a)
(b)
(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or
(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.
(Added Pub. L. 107–71, title I, §125(a), Nov. 19, 2001, 115 Stat. 631; amended Pub. L. 115–254, div. K, title I, §1991(d)(32), Oct. 5, 2018, 132 Stat. 3640.)
2018—Subsec. (a). Pub. L. 115–254 inserted "the Department of Homeland Security," after "Department of Transportation,".
(a)
(1)
(A) establish acceptable levels of performance for aviation security, including screening operations and access control; and
(B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved.
(2)
(b)
(1)
(A) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree on a performance plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The plan shall identify action steps necessary to achieve such goals.
(B) In addition to meeting the requirements of GPRA, the performance plan should clarify the responsibilities of the Secretary of Homeland Security, the Administrator of the Transportation Security Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system.
(2)
(Added Pub. L. 107–71, title I, §130, Nov. 19, 2001, 115 Stat. 633; amended Pub. L. 115–254, div. K, title I, §1991(d)(33), Oct. 5, 2018, 132 Stat. 3640.)
The Government Performance and Results Act of 1993, referred to in subsec. (b), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.
2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(33)(A)(i)(I), in introductory provisions, substituted "The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and" for "Within 180 days after the date of enactment of the Aviation and Transportation Security Act, the Under Secretary for Transportation Security may, in consultation with".
Subsec. (a)(1)(A). Pub. L. 115–254, §1991(d)(33)(A)(i)(II), substituted "; and" for ", and".
Subsec. (a)(2). Pub. L. 115–254, §1991(d)(33)(A)(ii), inserted comma after "Federal Aviation Administration".
Subsec. (b). Pub. L. 115–254, §1991(d)(33)(B)(i), (ii), struck out par. (1) designation and heading "Performance plan and report" and redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively.
Subsec. (b)(1). Pub. L. 115–254, §1991(d)(33)(B)(iii)(I), redesignated cls. (i) and (ii) of former par. (1)(A) as subpars. (A) and (B), respectively, of par. (1).
Subsec. (b)(1)(A). Pub. L. 115–254, §1991(d)(33)(B)(iii)(II), substituted "the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree" for "the Secretary and the Under Secretary for Transportation Security shall agree".
Subsec. (b)(1)(B). Pub. L. 115–254, §1991(d)(33)(B)(iii)(III), substituted "the Secretary of Homeland Security, the Administrator of the Transportation Security Administration," for "the Secretary, the Under Secretary for Transportation Security".
Subsec. (b)(2). Pub. L. 115–254, §1991(d)(33)(B)(iv), substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Transportation Security".
(a)
(b)
(1)
(2)
(c)
(Added Pub. L. 107–71, title I, §130, Nov. 19, 2001, 115 Stat. 634; amended Pub. L. 115–254, div. K, title I, §1991(d)(34), Oct. 5, 2018, 132 Stat. 3640.)
The Aviation and Transportation Security Act, referred to in subsec. (c), is Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 40101 of this title and Tables.
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(34)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Transportation Security".
Subsec. (b)(1). Pub. L. 115–254, §1991(d)(34)(B)(i), substituted "Secretary of Homeland Security and Administrator of the Transportation Security Administration" for "Secretary and Under Secretary of Transportation for Security" and "for the Administrator of the Transportation Security Administration" for "for the Under Secretary".
Subsec. (b)(2). Pub. L. 115–254, §1991(d)(34)(B)(ii), substituted "Administrator of the Transportation Security Administration and" for "Under Secretary and" and, in two places, substituted "Administrator shall" for "Under Secretary shall".
Subsec. (c). Pub. L. 115–254, §1991(d)(34)(C), substituted "Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the Administrator of the Transportation Security Administration" for "Aviation Security Act, the Under Secretary for Transportation Security".
(a)
(1)
(2)
(3)
(4)
(b)
(c)
(Added Pub. L. 107–71, title I, §131(a), Nov. 19, 2001, 115 Stat. 635; amended Pub. L. 115–254, div. K, title I, §1991(d)(35), Oct. 5, 2018, 132 Stat. 3641.)
2018—Pub. L. 115–254, §1991(d)(35)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.
Subsec. (a)(1). Pub. L. 115–254, §1991(d)(35)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Transportation Security".
Subsec. (a)(4). Pub. L. 115–254, §1991(d)(35)(A)(ii), inserted "the Administrator of the Federal Aviation Administration," after "consult with".
Pub. L. 107–71, title I, §131(c), Nov. 19, 2001, 115 Stat. 635, provided that: "Nothing in this section [enacting this section] may be construed to require any modification of regulations of the Department of Transportation governing the possession of firearms while in aircraft or air transportation facilities or to authorize the possession of a firearm in an aircraft or any such facility not authorized under those regulations."
[For definitions of "aircraft" and "air transportation" used in section 131(c) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
(a)
(b)
(1)
(2)
(3)
(4)
(Added Pub. L. 108–334, title V, §515(a), Oct. 18, 2004, 118 Stat. 1317; amended Pub. L. 112–271, §2(a), Jan. 14, 2013, 126 Stat. 2446; Pub. L. 115–254, div. K, title I, §1991(d)(36), Oct. 5, 2018, 132 Stat. 3641.)
2018—Subsec. (b)(1), (2). Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary".
2013—Pub. L. 112–271 inserted "and clothing" after "money" in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 108–334, title V, §515(b), Oct. 18, 2004, 118 Stat. 1318, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 18, 2004] and annually thereafter, the Administrator of the Transportation Security Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Appropriations of the House of Representatives; the Committee on Commerce, Science and Transportation of the Senate; and the Committee on Appropriations of the Senate, a report that contains a detailed description of the amount of unclaimed money recovered in total and at each individual airport, and specifically how the unclaimed money is being used to provide civil aviation security."
(a)
(b)
(1)
(2)
(A)
(B)
(3)
(A) reports on matters identified by the Administrator; and
(B) reports on other matters identified by a majority of the members of the Advisory Committee.
(4)
(5)
(6)
(7)
(c)
(1)
(A)
(B)
(C)
(2)
(A)
(B)
(3)
(4)
(A)
(B)
(C)
(5)
(6)
(d)
(1)
(A)
(B)
(C)
(D)
(2)
(3)
(4)
(e)
(f)
(g)
(1)
(2)
(3)
(A)
(B)
(Added Pub. L. 113–238, §2(a), Dec. 18, 2014, 128 Stat. 2842; amended Pub. L. 114–190, title III, §3411, July 15, 2016, 130 Stat. 662; Pub. L. 115–254, div. K, title I, §1991(d)(37), Oct. 5, 2018, 132 Stat. 3641.)
The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
2018—Pub. L. 115–254, §1991(d)(37)(B), substituted "Administrator" for "Assistant Secretary" wherever appearing.
Subsec. (b)(4). Pub. L. 115–254, §1991(d)(37)(C), substituted "the Administrator receives" for "the Secretary receives" and "the Administrator shall" for "the Secretary shall".
Subsec. (c)(1)(A). Pub. L. 115–254, §1991(d)(37)(D), substituted "The" for "Not later than 180 days after the date of enactment of the Aviation Security Stakeholder Participation Act of 2014, the".
Subsec. (g). Pub. L. 115–254, §1991(d)(37)(A), added par. (1), redesignated former par. (1) as (2), and struck out former par. (2) which defined "Assistant Secretary".
2016—Subsec. (b)(5). Pub. L. 114–190, §3411(b), substituted "paragraph (2) or (4)" for "paragraph (4)".
Subsec. (c)(2)(A). Pub. L. 114–190, §3411(a), amended subpar. (A) generally. Prior to amendment, text read as follows: "The term of each member of the Advisory Committee shall be 2 years. A member of the Advisory Committee may be reappointed."
(a)
(b)
(c)
(Added Pub. L. 115–254, div. K, title I, §1943(a), Oct. 5, 2018, 132 Stat. 3584.)
The date of enactment of the TSA Modernization Act, referred to in subsec. (a), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.
(a)
(b)
(1) Maintaining a National Deployment Force within the Transportation Security Administration, including transportation security officers, supervisory transportation security officers and lead transportation security officers, to provide the Administration with rapid and efficient response capabilities and augment the Department of Homeland Security's homeland security operations to mitigate and reduce risk, including for the following:
(A) Airports temporarily requiring additional security personnel due to an emergency, seasonal demands, hiring shortfalls, severe weather conditions, passenger volume mitigation, equipment support, or other reasons.
(B) Special events requiring enhanced security including National Special Security Events, as determined by the Secretary of Homeland Security.
(C) Response in the aftermath of any manmade disaster, including any terrorist attack.
(D) Other such situations, as determined by the Administrator.
(2) Educating transportation security officers regarding how to participate in the Administration's National Deployment Force.
(3) Recruiting officers to serve on the National Deployment Force, in accordance with a staffing model to be developed by the Administrator.
(4) Approving 1-year appointments for officers to serve on the National Deployment Force, with an option to extend upon officer request and with the approval of the appropriate Federal Security Director.
(5) Training officers to serve on the National Deployment Force.
(Added Pub. L. 115–254, div. K, title I, §1988(a), Oct. 5, 2018, 132 Stat. 3622.)
Pub. L. 115–254, div. K, title I, §1988(d), Oct. 5, 2018, 132 Stat. 3623, provided that: "The Administrator [of the Transportation Security Administration] may consider service in the National Deployment Force as a positive factor when evaluating applicants for promotion opportunities within the TSA [Transportation Security Administration]."