(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)
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.
References in Text
The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
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.
Amendments
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).
Effective Date of 2012 Amendment
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]."
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Effective Date of 2000 Amendments
Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Secondary Cockpit Barriers
Pub. L. 115–254, div. B, title III, §336, Oct. 5, 2018, 132 Stat. 3281, provided that:
"(a)
"(b)
Sexual Misconduct Onboard Aircraft
Pub. L. 115–254, div. B, title III, §§339A, 339B, Oct. 5, 2018, 132 Stat. 3282, 3283, provided that:
"SEC. 339A. NATIONAL IN-FLIGHT SEXUAL MISCONDUCT TASK FORCE.
"(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)
"SEC. 339B. REPORTING PROCESS FOR SEXUAL MISCONDUCT ONBOARD AIRCRAFT.
"(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."
Employee Assault Prevention and Response Plans
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)
Transportation Security Laboratory
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)
Pilot Program for Automated Exit Lane Technology
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."
Securing Airport Worker Access Points
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.]
Law Enforcement Officer Reimbursement Program
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)
Airport Perimeter and Access Control Security
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)
Traveler Redress Improvement
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."
General Aviation Airports
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.]
Flight Deck Safety and Security
Pub. L. 115–254, div. K, title I, §1961, Oct. 5, 2018, 132 Stat. 3600, provided that:
"(a)
"(b)
Aviation Cybersecurity
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."
Airport Security
Pub. L. 114–50, Sept. 24, 2015, 129 Stat. 490, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Gerardo Hernandez Airport Security Act of 2015'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(2)
"SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS.
"(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)
"SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES.
"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.
"SEC. 5. CERTIFICATION.
"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.
"SEC. 6. REIMBURSABLE AGREEMENTS.
"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.
"SEC. 7. SECURITY INCIDENT RESPONSE FOR SURFACE TRANSPORTATION SYSTEMS.
"(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)
"SEC. 8. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
"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.
"SEC. 9. INTEROPERABILITY REVIEW.
"(a)
"(b)
Cabin Flight Crew Participation in Known Crewmember Pilot Program
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".
Strategic Plan To Test and Implement Advanced Passenger Prescreening System
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."
Pilot Project To Test Different Technologies at Airport Exit Lanes
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)
Security Credentials for Airline Crews
Pub. L. 110–53, title XVI, §1614, Aug. 3, 2007, 121 Stat. 486, provided that:
"(a)
"(b)
CAPPS2
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
Reimbursement of Air Carriers for Certain Screening and Related Activities
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."
Improved Flight Deck Integrity Measures
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)
Small and Medium Airports
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."
Airport Security Awareness Programs
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."
Airline Computer Reservation Systems
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."
Authorization of Funds for Reimbursement of Airports for Security Mandates
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)
Flight Deck Security
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.
Charter Air Carriers
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.
Physical Security for ATC Facilities
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)
Deputizing of State and Local Law Enforcement Officers
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)
Development of Aviation Security Liaison Agreement
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."
Definitions of Terms in Pub. L. 107–71
For definitions of terms used in sections 104, 106(b), (e), 117, 121, 128, and 132(a) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.
1 So in original. Probably should be "subsection (c)". 2 So in original.