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SUBPART III—SAFETY

CHAPTER 441—REGISTRATION AND RECORDATION OF

AIRCRAFT

Sec.

44101. Operation of aircraft.

44102. Registration requirements.

44103. Registration of aircraft.

44104. Registration of aircraft components and dealers’ certificates of registration.

44105. Suspension and revocation of aircraft certificates.

44106. Revocation of aircraft certificates for controlled substance violations.

44107. Recordation of conveyances, leases, and security instruments.

44108. Validity of conveyances, leases, and security instruments.

44109. Reporting transfer of ownership.

44110. Information about aircraft ownership and rights.

44111. Modifications in registration and recordation system for aircraft not providing air transportation.

44112. Limitation of liability.

44113. Definitions.

§ 44101. Operation of aircraft

(a) REGISTRATION REQUIREMENT.—Except as provided in subsection (b) of this section, a person may operate an aircraft only

when the aircraft is registered under section 44103 of this title.

(b) EXCEPTIONS.—A person may operate an aircraft in the

United States that is not registered—

(1) when authorized under section 40103(d) or 41703 of

this title;

(2) when it is an aircraft of the national defense forces of

the United States and is identified in a way satisfactory to the

Administrator of the Federal Aviation Administration; and

(3) for a reasonable period of time after a transfer of ownership, under regulations prescribed by the Administrator.

§ 44102. Registration requirements

(a) ELIGIBILITY.—An aircraft may be registered under section

44103 of this title only when the aircraft is—

(1) not registered under the laws of a foreign country and

is owned by—

(A) a citizen of the United States;

(B) an individual citizen of a foreign country lawfully

admitted for permanent residence in the United States; or

(C) a corporation not a citizen of the United States

when the corporation is organized and doing business

under the laws of the United States or a State, and the

aircraft is based and primarily used in the United States;

or

(2) an aircraft of—

(A) the United States Government; or

(B) a State, the District of Columbia, a territory or

possession of the United States, or a political subdivision

of a State, territory, or possession. (b) DUTY TO DEFINE CERTAIN TERM.—In carrying out sub- section (a)(1)(C) of this section, the Secretary of Transportation

shall define ‘‘based and primarily used in the United States’’.

§ 44103. Registration of aircraft

(a) GENERAL.—(1) On application of the owner of an aircraft

that meets the requirements of section 44102 of this title, the Administrator of the Federal Aviation Administration shall—

(A) register the aircraft; and

(B) issue a certificate of registration to its owner.

(2) The Administrator may prescribe the extent to which an

aircraft owned by the holder of a dealer’s certificate of registration

issued under section 44104(2) of this title also is registered under

this section.

(b) CONTROLLED SUBSTANCE VIOLATIONS.—(1) The Administrator may not issue an owner’s certificate of registration under

subsection (a)(1) of this section to a person whose certificate is revoked under section 44106 of this title during the 5-year period beginning on the date of the revocation, except—

(A) as provided in section 44106(e)(2) of this title; or

(B) that the Administrator may issue the certificate to the

person after the one-year period beginning on the date of the

revocation if the Administrator decides that the aircraft otherwise meets the requirements of section 44102 of this title and

that denial of a certificate for the 5-year period—

(i) would be excessive considering the nature of the offense or the act committed and the burden the denial

places on the person; or

(ii) would not be in the public interest.

(2) A decision of the Administrator under paragraph (1)(B)(i) or

(ii) of this subsection is within the discretion of the Administrator.

That decision or failure to make a decision is not subject to administrative or judicial review.

(c) CERTIFICATES AS EVIDENCE.—A certificate of registration

issued under this section is—

(1) conclusive evidence of the nationality of an aircraft for

international purposes, but not conclusive evidence in a proceeding under the laws of the United States; and

(2) not evidence of ownership of an aircraft in a proceeding

in which ownership is or may be in issue.

(d) CERTIFICATES AVAILABLE FOR INSPECTION.—An operator of

an aircraft shall make available for inspection a certificate of registration for the aircraft when requested by a United States Government, State, or local law enforcement officer.

§ 44104. Registration of aircraft components and dealers’

certificates of registration

The Administrator of the Federal Aviation Administration may
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prescribe regulations—

(1) in the interest of safety for registering and identifying

an aircraft engine, propeller, or appliance; and

(2) in the public interest for issuing, suspending, and revoking a dealer’s certificate of registration under this chapter

and for its use by a person manufacturing, distributing, or selling aircraft.

§ 44105. Suspension and revocation of aircraft certificates

The Administrator of the Federal Aviation Administration may

suspend or revoke a certificate of registration issued under section

44103 of this title when the aircraft no longer meets the require- ments of section 44102 of this title.

§ 44106. Revocation of aircraft certificates for controlled

substance violations

(a) DEFINITION.—In this section, ‘‘controlled substance’’ has the

same meaning given that term in section 102 of the Comprehensive

Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(b) REVOCATIONS.—(1) The Administrator of the Federal Aviation Administration shall issue an order revoking the certificate of

registration for an aircraft issued to an owner under section 44103

of this title and any other certificate of registration that the owner

of the aircraft holds under section 44103, if the Administrator finds

that—

(A) the aircraft was used to carry out, or facilitate, an ac- tivity that is punishable by death or imprisonment for more

than one year under a law of the United States or a State related to a controlled substance (except a law related to simple

possession of a controlled substance); and

(B) the owner of the aircraft permitted the use of the aircraft knowing that the aircraft was to be used for the activity

described in clause (A) of this paragraph.

(2) An aircraft owner that is not an individual is deemed to

have permitted the use of the aircraft knowing that the aircraft

was to be used for the activity described in paragraph (1)(A) of this

subsection only if a majority of the individuals who control the

owner of the aircraft or who are involved in forming the major policy of the owner permitted the use of the aircraft knowing that the

aircraft was to be used for the activity described in paragraph

(1)(A).

(c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before

the Administrator revokes a certificate under subsection (b) of this

section, the Administrator shall—

(1) advise the holder of the certificate of the charges or

reasons on which the Administrator bases the proposed action;

and

(2) provide the holder of the certificate an opportunity to

answer the charges and state why the certificate should not be

revoked.

(d) APPEALS.—(1) A person whose certificate is revoked by the

Administrator under subsection (b) of this section may appeal the

revocation order to the National Transportation Safety Board. The

Board shall affirm or reverse the order after providing notice and

a hearing on the record. In conducting the hearing, the Board is

not bound by the findings of fact of the Administrator.

(2) When a person files an appeal with the Board under this

subsection, the order of the Administrator revoking the certificate

is stayed. However, if the Administrator advises the Board that

safety in air transportation or air commerce requires the immediate effectiveness of the order—

(A) the order remains effective; and

(B) the Board shall dispose of the appeal not later than 60

days after notification by the Administrator under this para- graph.

(3) A person substantially affected by an order of the Board

under this subsection may seek judicial review of the order under

section 46110 of this title. The Administrator shall be made a party

to that judicial proceeding.

(e) ACQUITTAL.—(1) The Administrator may not revoke, and

the Board may not affirm a revocation of, a certificate of registration under this section on the basis of an activity described in subsection (b)(1)(A) of this section if the holder of the certificate is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity.

(2) If the Administrator has revoked a certificate of registration

of a person under this section because of an activity described in

subsection (b)(1)(A) of this section, the Administrator shall reissue

a certificate to the person if the person—

(A) subsequently is acquitted of all charges related to a

controlled substance in an indictment or information arising

from the activity; and

(B) otherwise meets the requirements of section 44102 of

this title.

§ 44107. Recordation of conveyances, leases, and security instruments

(a) ESTABLISHMENT OF SYSTEM.—The Administrator of the Federal Aviation Administration shall establish a system for

recording—

(1) conveyances that affect an interest in civil aircraft of

the United States;

(2) leases and instruments executed for security purposes,

including conditional sales contracts, assignments, and amendments, that affect an interest in—

(A) a specifically identified aircraft engine having at

least 550 rated takeoff horsepower or its equivalent;

(B) a specifically identified aircraft propeller capable of

absorbing at least 750 rated takeoff shaft horsepower;

(C) an aircraft engine, propeller, or appliance maintained for installation or use in an aircraft, aircraft engine,
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or propeller, by or for an air carrier holding a certificate

issued under section 44705 of this title; and

(D) spare parts maintained by or for an air carrier

holding a certificate issued under section 44705 of this

title; and

(3) releases, cancellations, discharges, and satisfactions related to a conveyance, lease, or instrument recorded under

paragraph (1) or (2).

(b) GENERAL DESCRIPTION REQUIRED.—A lease or instrument

recorded under subsection (a)(2)(C) or (D) of this section only has

to describe generally the engine, propeller, appliance, or spare part

by type and designate its location.

(c) ACKNOWLEDGMENT.—Except as the Administrator otherwise

may provide, a conveyance, lease, or instrument may be recorded

under subsection (a) of this section only after it has been acknowledged before—

(1) a notary public; or

(2) another officer authorized under the laws of the United

States, a State, the District of Columbia, or a territory or possession of the United States to acknowledge deeds.

(d) RECORDS AND INDEXES.—The Administrator shall—

(1) keep a record of the time and date that each conveyance, lease, and instrument is filed and recorded with the Administrator; and

(2) record each conveyance, lease, and instrument filed

with the Administrator, in the order of their receipt, and index

them by—

(A) the identifying description of the aircraft, aircraft

engine, or propeller, or location specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of this

section; and

(B) the names of the parties to each conveyance, lease, and instrument.

(e) INTERNATIONAL REGISTRY.--

(1) Designation of united states entry point.--As permitted under

the Cape Town Treaty, the Federal Aviation Administration Civil

Aviation Registry is designated as the United States Entry Point to

the International Registry relating to--

(A) civil aircraft of the United States;

(B) an aircraft for which a United States identification

number has been assigned but only with regard to a notice filed

under paragraph (2); and

(C) aircraft engines.

(2) System for filing notice of prospective interests.--

(A) Establishment.--The Administrator shall establish a

system for filing notices of prospective assignments and

prospective international interests in, and prospective sales of,

aircraft or aircraft engines described in paragraph (1) under the

Cape Town Treaty.

(B) Maintenance of validity.--A filing of a notice of

prospective assignment, interest, or sale under this paragraph

and the registration with the International Registry relating to

such assignment, interest, or sale shall not be valid after the

60th day following the date of the filing unless documents

eligible for recording under subsection (a) relating to such notice

are filed for recordation on or before such 60th day.

(3) Authorization for registration of aircraft.--A registration with

the International Registry relating to an aircraft described in

paragraph (1) (other than subparagraph (C)) is valid only if (A) the

person seeking the registration first files documents eligible for

recording under subsection (a) and relating to the registration with

the United States Entry Point, and (B) the United States Entry Point

authorizes the registration.

§ 44108. Validity of conveyances, leases, and security instruments

(a) VALIDITY BEFORE FILING.—Until a conveyance, lease, or instrument executed for security purposes that may be recorded

under section 44107(a)(1) or (2) of this title is filed for recording,

the conveyance, lease, or instrument is valid only against—

(1) the person making the conveyance, lease, or instrument;

(2) that person’s heirs and devisees; and

(3) a person having actual notice of the conveyance, lease,

or instrument.

(b) PERIOD OF VALIDITY.—When a conveyance, lease, or instrument is recorded under section 44107 of this title, the conveyance,

lease, or instrument is valid from the date of filing against all per- sons, without other recordation, except that—

(1) a lease or instrument recorded under section

44107(a)(2)(A) or (B) of this title is valid for a specifically identified engine or propeller without regard to a lease or instrument previously or subsequently recorded under section

44107(a)(2)(C) or (D); and

(2) a lease or instrument recorded under section

44107(a)(2)(C) or (D) of this title is valid only for items at the

location designated in the lease or instrument.

(c) APPLICABLE LAWS.—(1) The validity of a conveyance, lease, or instrument that may be recorded under section 44107 of this

title is subject to the laws of the State, the District of Columbia,

or the territory or possession of the United States at which the conveyance, lease, or instrument is delivered, regardless of the place

at which the subject of the conveyance, lease, or instrument is located or delivered. If the conveyance, lease, or instrument specifies

the place at which delivery is intended, it is presumed that the conveyance, lease, or instrument was delivered at the specified place.

(2) This subsection does not take precedence over the Conven- tion on the International Recognition of Rights in Aircraft (4 U.S.T.

1830) or the Cape Town Treaty, as applicable.

(d) NONAPPLICATION.—This section does not apply to—
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(1) a conveyance described in section 44107(a)(1) of this

title that was made before August 22, 1938; or

(2) a lease or instrument described in section 44107(a)(2)

of this title that was made before June 20, 1948.

§ 44109. Reporting transfer of ownership

(a) FILING NOTICES.—A person having an ownership interest in

an aircraft for which a certificate of registration was issued under

section 44103 of this title shall file a notice with the Secretary of

the Treasury that the Secretary requires by regulation, not later

than 15 days after a sale, conditional sale, transfer, or conveyance

of the interest.

(b) EXEMPTIONS.—The Secretary—

(1) shall prescribe regulations that establish guidelines for

exempting a person or class from subsection (a) of this section;

and

(2) may exempt a person or class under the regulations.

§ 44110. Information about aircraft ownership and rights

The Administrator of the Federal Aviation Administration may

provide by regulation for—

(1) endorsing information on each certificate of registration

issued under section 44103 of this title and each certificate

issued under section 44704 of this title about ownership of the

aircraft for which each certificate is issued; and

(2) recording transactions affecting an interest in, and for

other records, proceedings, and details necessary to decide the

rights of a party related to, a civil aircraft of the United States,

aircraft engine, propeller, appliance, or spare part.

§ 44111. Modifications in registration and recordation system for aircraft not providing air transportation

(a) APPLICATION.—This section applies only to aircraft not used

to provide air transportation.

(b) AUTHORITY TO MAKE MODIFICATIONS.—The Administrator

of the Federal Aviation Administration shall make modifications in

the system for registering and recording aircraft necessary to make

the system more effective in serving the needs of—

(1) buyers and sellers of aircraft;

(2) officials responsible for enforcing laws related to the

regulation of controlled substances (as defined in section 102 of

the Comprehensive Drug Abuse Prevention and Control Act of

1970 (21 U.S.C. 802)); and

(3) other users of the system.

(c) NATURE OF MODIFICATIONS.—Modifications made under

subsection (b) of this section—

(1) may include a system of titling aircraft or registering

all aircraft, even aircraft not operated;

(2) shall ensure positive, verifiable, and timely identifica- tion of the true owner; and

(3) shall address at least each of the following deficiencies

in and abuses of the existing system:

(A) the registration of aircraft to fictitious persons.

(B) the use of false or nonexistent addresses by persons registering aircraft.

(C) the use by a person registering an aircraft of a

post office box or ‘‘mail drop’’ as a return address to evade

identification of the person’s address.

(D) the registration of aircraft to entities established

to facilitate unlawful activities.

(E) the submission of names of individuals on applications for registration of aircraft that are not identifiable.

(F) the ability to make frequent legal changes in the

registration markings assigned to aircraft.

(G) the use of false registration markings on aircraft.

(H) the illegal use of ‘‘reserved’’ registration markings

on aircraft.

(I) the large number of aircraft classified as being in

‘‘self-reported status’’.

(J) the lack of a system to ensure timely and adequate

notice of the transfer of ownership of aircraft.

(K) the practice of allowing temporary operation and

navigation of aircraft without the issuance of a certificate

of registration.

(d) REGULATIONS.—(1) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out this

section and provide a written explanation of how the regulations

address each of the deficiencies and abuses described in subsection

(c) of this section. In prescribing the regulations, the Administrator

of the Federal Aviation Administration shall consult with the Administrator of Drug Enforcement, the Commissioner of Customs,

other law enforcement officials of the United States Government,

representatives of State and local law enforcement officials, rep- resentatives of the general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons.

(2) Regulations prescribed under this subsection shall require

that—

(A) each individual listed in an application for registration

of an aircraft provide with the application the individual’s driver’s license number; and

(B) each person (not an individual) listed in an application

for registration of an aircraft provide with the application the

person’s taxpayer identifying number.

§ 44112. Limitation of liability

(a) DEFINITIONS.—In this section—

(1) ‘‘lessor’’ means a person leasing for at least 30 days a

civil aircraft, aircraft engine, or propeller.

(2) ‘‘owner’’ means a person that owns a civil aircraft, air-
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craft engine, or propeller.

(3) ‘‘secured party’’ means a person having a security interest in, or security title to, a civil aircraft, aircraft engine, or

propeller under a conditional sales contract, equipment trust

contract, chattel or corporate mortgage, or similar instrument.

(b) LIABILITY.—A lessor, owner, or secured party is liable for

personal injury, death, or property loss or damage on land or water

only when a civil aircraft, aircraft engine, or propeller is in the actual possession or control of the lessor, owner, or secured party,

and the personal injury, death, or property loss or damage occurs

because of—

(1) the aircraft, engine, or propeller; or

(2) the flight of, or an object falling from, the aircraft, engine, or propeller.

§ 44113. Definitions

In this chapter, the following definitions apply:

(1) Cape town treaty.--The term "Cape Town Treaty" means the

Convention on International Interests in Mobile Equipment, as

modified by the Protocol to the Convention on International Interests

in Mobile Equipment on Matters Specific to Aircraft Equipment,

signed at Rome on May 9, 2003.

(2) United states entry point.--The term "United States Entry

Point" means the Federal Aviation Administration Civil Aviation

Registry.

(3) International registry.--The term "International Registry"

means the registry established under the Cape Town Treaty.

CHAPTER 443—INSURANCE 1

Sec.

44301. Definitions.

44302. General authority.

44303. Coverage.

44304. Reinsurance.

44305. Insuring United States Government property.

44306. Premiums and limitations on coverage and claims.

44307. Revolving fund.

44308. Administrative.

44309. Civil actions.

44310. Ending effective date.

1 The first sentence of section 202 of Public Law 107–42 (115 Stat. 236) provides

‘‘[n]otwithstanding any other provision of this title, the Secretary may extend any provision of

chapter 443 of title 49, United States Code, as amended by this title, and the provisions of this

title, to vendors, agents, and subcontractors of air carriers.’’.

§ 44301. Definitions

In this chapter—

(1) ‘‘aircraft manufacturer’’ means any company or other

business entity, the majority ownership and control of which is

by United States citizens, that manufactures aircraft or aircraft engines.

(2) ‘‘American aircraft’’ means—

(A) a civil aircraft of the United States; and

(B) an aircraft owned or chartered by, or made available to—

(i) the United States Government; or

(ii) a State, the District of Columbia, a territory or

possession of the United States, or a political subdivision of the State, territory, or possession.

(3) ‘‘insurance carrier’’ means a person authorized to do

aviation insurance business in a State, including a mutual or

stock insurance company and a reciprocal insurance association.

§ 44302. General authority

(a) INSURANCE AND REINSURANCE.—(1) Subject to subsection (c)

of this section and section 44305(a) of this title, the Secretary of

Transportation may provide insurance and reinsurance against loss

or damage arising out of any risk from the operation of an American aircraft or foreign-flag aircraft.

(2) An aircraft may be insured or reinsured for not more than

its reasonable value as determined by the Secretary in accordance

with reasonable business practices in the commercial aviation insurance industry. Insurance or reinsurance may be provided only

when the Secretary decides that the insurance cannot be obtained

on reasonable terms from an insurance carrier.

(b) REIMBURSEMENT OF INSURANCE COST INCREASES.— (1) IN GENERAL.—The Secretary may reimburse an air car- rier for the increase in the cost of insurance, with respect to

a premium for coverage ending before October 1, 2002, against

loss or damage arising out of any risk from the operation of an

American aircraft over the insurance premium that was in ef- fect for a comparable operation during the period beginning

September 4, 2001, and ending September 10, 2001, as the

Secretary may determine. Such reimbursement is subject to

subsections (a)(2), (c), and (d) of this section and to section

44303.

(2) PAYMENT FROM REVOLVING FUND.—A reimbursement

under this subsection shall be paid from the revolving fund established by section 44307. (3) FURTHER CONDITIONS.—The Secretary may impose such

further conditions on insurance for which the increase in pre- mium is subject to reimbursement under this subsection as the

Secretary may deem appropriate in the interest of air com- merce.
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(4) TERMINATION OF AUTHORITY.—The authority to reimburse air carriers under this subsection shall expire 180 days

after the date of enactment of this paragraph.

(c) PRESIDENTIAL APPROVAL.—The Secretary may provide insurance or reinsurance under subsection (a) of this section, or reimburse an air carrier under subsection (b) of this section, only with

the approval of the President. The President may approve the insurance or reinsurance or the reimbursement only after deciding

that the continued operation of the American aircraft or foreignflag aircraft to be insured or reinsured is necessary in the interest

of air commerce or national security or to carry out the foreign policy of the United States Government.

(d) CONSULTATION.—The President may require the Secretary

to consult with interested departments, agencies, and instrumentalities of the Government before providing insurance or reinsurance or reimbursing an air carrier under this chapter.

(e) ADDITIONAL INSURANCE.—With the approval of the Secretary, a person having an insurable interest in an aircraft may insure with other underwriters in an amount that is more than the

amount insured with the Secretary. However, the Secretary may

not benefit from the additional insurance. This subsec tion does not

prevent the Secretary from making contracts of coinsurance.

(f) EXTENSION OF POLICIES.—

(1) IN GENERAL.—The Secretary shall extend through August 31, 2006, and may extend through December 31, 2006, the

termination date of any insurance policy that the Department

of Transportation issued to an air carrier under subsection (a)

and that is in effect on the date of enactment of this subsection

on no less favorable terms to the air carrier than existed on

June 19, 2002; except that the Secretary shall amend the insurance policy, subject to such terms and conditions as the Secretary may prescribe, to add coverage for losses or injuries to

aircraft hulls, passengers, and crew at the limits carried by air

carriers for such losses and injuries as of such date of enactment and at an additional premium comparable to the premium charged for third-party casualty coverage under such

policy.

(2) SPECIAL RULES.—Notwithstanding paragraph (1)—

(A) in no event shall the total premium paid by the air

carrier for the policy, as amended, be more than twice the

premium that the air carrier was paying to the Depart- ment of Transportation for its third party policy as of June

19, 2002; and

(B) the coverage in such policy shall begin with the

first dollar of any covered loss that is incurred. (g) AIRCRAFT MANUFACTURERS.—

(1) IN GENERAL.—The Secretary may provide to an aircraft

manufacturer insurance for loss or damage resulting from op- eration of an aircraft by an air carrier and involving war or

terrorism.

(2) AMOUNT.—Insurance provided by the Secretary under

this subsection shall be for loss or damage in excess of the

greater of the amount of available primary insurance or

$50,000,000.

(3) TERMS AND CONDITIONS.—Insurance provided by the

Secretary under this subsection shall be subject to the terms

and conditions set forth in this chapter and such other terms

and conditions as the Secretary may prescribe.

§ 44303. Coverage

(a) IN GENERAL.—The Secretary of Transportation may provide

insurance and reinsurance, or reimburse insurance costs, as authorized under section 44302 of this title for the following:

(1) an American aircraft or foreign-flag aircraft engaged in

aircraft operations the President decides are necessary in the

interest of air commerce or national security or to carry out the

foreign policy of the United States Government.

(2) property transported or to be transported on aircraft referred to in clause (1) of this section, including—

(A) shipments by express or registered mail;

(B) property owned by citizens or residents of the

United States;

(C) property—

(i) imported to, or exported from, the United

States; and

(ii) bought or sold by a citizen or resident of the

United States under a contract putting the risk of loss

or obligation to provide insurance against risk of loss

on the citizen or resident; and

(D) property transported between—

(i) a place in a State or the District of Columbia

and a place in a territory or possession of the United

States;

(ii) a place in a territory or possession of the

United States and a place in another territory or possession of the United States; or

(iii) 2 places in the same territory or possession of

the United States.

(3) the personal effects and baggage of officers and members of the crew of an aircraft referred to in clause (1) of this

section and of other individuals employed or transported on

that aircraft.

(4) officers and members of the crew of an aircraft referred

to in clause (1) of this section and other individuals employed

or transported on that aircraft against loss of life, injury, or detention.

(5) statutory or contractual obligations or other liabilities,

customarily covered by insurance, of an aircraft referred to in

clause (1) of this section or of the owner or operator of that aircraft.
101

(6) loss or damage of an aircraft manufacturer resulting

from operation of an aircraft by an air carrier and involving

war or terrorism.

(b) AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING

OUT OF ACTS OF TERRORISM.—For acts of terrorism committed on

or to an air carrier during the period beginning on September 22,

2001, and ending on December 31, 2006, the Secretary may certify

that the air carrier was a victim of an act of terrorism and in the

Secretary’s judgment, based on the Secretary’s analysis and conclusions regarding the facts and circumstances of each case, shall not

be responsible for losses suffered by third parties (as referred to in

section 205.5(b)(1) of title 14, Code of Federal Regulations) that exceed $100,000,000, in the aggregate, for all claims by such parties

arising out of such act. If the Secretary so certifies, the air carrier

shall not be liable for an amount that exceeds $100,000,000, in the

aggregate, for all claims by such parties arising out of such act,

and the Government shall be responsible for any liability above

such amount. No punitive damages may be awarded against an air

carrier (or the Government taking responsibility for an air carrier

under this subsection) under a cause of action arising out of such

act. The Secretary may extend the provisions of this subsection to

an aircraft manufacturer (as defined in section 44301) of the aircraft of the air carrier involved.

§ 44304. Reinsurance

To the extent the Secretary of Transportation is authorized to

provide insurance under this chapter, the Secretary may reinsure

any part of the insurance provided by an insurance carrier. The

Secretary may reinsure with, transfer to, or transfer back to, the

carrier any insurance or reinsurance provided by the Secretary

under this chapter.

§ 44305. Insuring United States Government property

(a) GENERAL.—With the approval of the President, a department, agency, or instrumentality of the United States Government

may obtain—

(1) insurance under this chapter, including insurance for

risks from operating an aircraft in intrastate or interstate air

commerce, but not including insurance on valuables subject to

sections 17302 and 17303 of title 40; and

(2) insurance for risks arising from providing goods or

services directly related to and necessary for operating an aircraft covered by insurance obtained under clause (1) of this

subsection if the aircraft is operated—

(A) in carrying out a contract of the department, agen- cy, or instrumentality; or

(B) to transport military forces or materiel on behalf

of the United States under an agreement between the Government and the government of a foreign country.

(b) PREMIUM WAIVERS AND INDEMNIFICATION.—With the approval required under subsection (a) of this section, the Secretary

of Transportation may provide the insurance without premium at

the request of the Secretary of Defense or the head of a department, agency, or instrumentality designated by the President when

the Secretary of Defense or the designated head agrees to indemnify the Secretary of Transportation against all losses covered by

the insurance. The Secretary of Defense and any designated head

may make indemnity agreements with the Secretary of Transportation under this section. If such an agreement is countersigned by

the President or the President’s designee, the agreement shall constitute, for purposes of section 44302(c), a determination that continuation of the aircraft operations to which the agreement applies

is necessary to carry out the foreign policy of the United States.

§ 44306. Premiums and limitations on coverage and claims

(a) PREMIUMS BASED ON RISK.—To the extent practical, the

premium charged for insurance or reinsurance under this chapter

shall be based on consideration of the risk involved.

(b) ALLOWANCES IN SETTING PREMIUM RATES FOR REINSURANCE.—In setting premium rates for reinsurance, the Secretary

may make allowances to the insurance carrier for expenses incurred in providing services and facilities that the Secretary considers good business practices, except for payments by the insurance carrier for the stimulation or solicitation of insurance business.

(c) TIME LIMITS.—The Secretary of Transportation may provide

insurance and reinsurance under this chapter for a period of not

more than 1 year 1. The period may be extended for additional periods of not more than 1 year 1 each only if the President decides, before each additional period, that the continued operation of the

aircraft to be insured or reinsured is necessary in the interest of

air commerce or national security or to carry out the foreign policy

of the United States Government.

(d) MAXIMUM INSURED AMOUNT.—The insurance policy on an

aircraft insured or reinsured under this chapter shall specify a

stated amount that is not more than the value of the aircraft, as

determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry. A

claim under the policy may not be paid for more than that stated

amount.

§ 44307. Revolving fund

(a) EXISTENCE, DISBURSEMENTS, APPROPRIATIONS, AND DEPOSITS.—(1) There is a revolving fund in the Treasury. The Secretary

of the Treasury shall disburse from the fund payments to carry out

this chapter.

1 Section 147 of P.L. 107–71 (115 Stat. 645) amended section 44306(b) by striking ‘‘60 days’’

and inserting ‘‘1 year’’. The amendment was executed in subsection (c) to reflect the probable intent of Congress.
102

(2) Necessary amounts to carry out this chapter may be appropriated to the fund. The amounts appropriated and other amounts

received in carrying out this chapter shall be deposited in the fund.

(b) INVESTMENT.—On request of the Secretary of Transportation, the Secretary of the Treasury may invest any part of the

amounts in the revolving fund in interest-bearing securities of the

United States Government. The interest on, and the proceeds from

the sale or redemption of, the securities shall be deposited in the

fund.

(c) EXCESS AMOUNTS.—The balance in the revolving fund in excess of an amount the Secretary of Transportation determines is

necessary for the requirements of the fund and for reasonable reserves to maintain the solvency of the fund shall be deposited at

least annually in the Treasury as miscellaneous receipts.

(d) EXPENSES.—The Secretary of Transportation shall deposit

annually an amount in the Treasury as miscellaneous receipts to

cover the expenses the Government incurs when the Secretary of

Transportation uses appropriated amounts in carrying out this

chapter. The deposited amount shall equal an amount determined

by multiplying the average monthly balance of appropriated

amounts retained in the revolving fund by a percentage that is at

least the current average rate payable on marketable obligations of

the Government. The Secretary of the Treasury shall determine annually in advance the percentage applied.

§ 44308. Administrative

(a) COMMERCIAL PRACTICES.—The Secretary of Transportation

may carry out this chapter consistent with commercial practices of

the aviation insurance business.

(b) ISSUANCE OF POLICIES AND DISPOSITION OF CLAIMS.—(1)

The Secretary may issue insurance policies to carry out this chapter. The Secretary may prescribe the forms, amounts insured under

the policies, and premiums charged. Any such policy may authorize

the binding arbitration of claims made thereunder in such manner

as may be agreed to by the Secretary and any commercial insurer

that may be responsible for any part of a loss to which such policy

relates. The Secretary may change an amount of insurance or a

premium for an existing policy only with the consent of the insured.

(2) For a claim under insurance authorized by this chapter, the

Secretary may—

(A) settle and pay the claim made for or against the

United States Government;

(B) pay the amount of a binding arbitration award

made under paragraph (1); and

(C) pay the amount of a judgment entered against the Gov- ernment.

(c) UNDERWRITING AGENT.—(1) The Secretary may, and when

practical shall, employ an insurance carrier or group of insurance

carriers to act as an underwriting agent. The Secretary may use

the agent to adjust claims under this chapter, but claims may be

paid only when approved by the Secretary. (2) The Secretary may pay reasonable compensation to an un- derwriting agent for servicing insurance the agent writes for the

Secretary. Compensation may include payment for reasonable ex- penses incurred by the agent but may not include a payment by

the agent for stimulation or solicitation of insurance business.

(3) Except as provided by this subsection, the Secretary may

not pay an insurance broker or other person acting in a similar ca- pacity any consideration for arranging insurance when the Sec- retary directly insures any part of the risk.

(d) BUDGET.—The Secretary shall submit annually a budget

program for carrying out this chapter as provided for wholly owned

Government corporations under chapter 91 of title 31.

(e) ACCOUNTS.—The Secretary shall maintain a set of accounts

for audit under chapter 35 of title 31. Notwithstanding chapter 35, the Comptroller General shall allow credit for expenditures under

this chapter made consistent with commercial practices in the avia- tion insurance business when shown to be necessary because of the

business activities authorized by this chapter.

§ 44309. Civil actions

(a) LOSSES.—

(1) ACTIONS AGAINST UNITED STATES.—A person may bring a

civil action in a district court of the United States or in the

United States Court of Federal Claims against the United

States Government when—

(A) a loss insured under this chapter is in dispute; or

(B)(i) the person is subrogated under a contract between the person and a party insured under this chapter

(other than section 44305(b)) to the rights of the insured

party against the United States Government; and

(ii) the person has paid to the insured party, with the

approval of the Secretary of Transportation, an amount for

a physical damage loss that the Secretary has determined

is a loss covered by insurance issued under this chapter

(other than section 44305(b)).

(2) LIMITATION.—A civil action involving the same matter

(except the action authorized by this subsection) may not be

brought against an agent, officer, or employee of the Government carrying out this chapter.

(3) PROCEDURE.—To the extent applicable, the procedure

in an action brought under section 1346(a)(2) of title 28,

United States Code, applies to an action under this subsection.

(b) VENUE AND JOINDER.—(1) A civil action under subsection

(a) of this section may be brought in the judicial district for the

District of Columbia or in the judicial district in which the plaintiff

or the agent of the plaintiff resides if the plaintiff resides in the

United States. If the plaintiff does not reside in the United States, the action may be brought in the judicial district for the District
103

of Columbia or in the judicial district in which the Attorney General agrees to accept service.

(2) An interested person may be joined as a party to a civil action brought under subsection (a) of this section initially or on motion of either party to the action.

(c) TIME REQUIREMENTS.—When an insurance claim is made

under this chapter, the period during which, under section 2401 of

title 28, a civil action must be brought under subsection (a) of this

section is suspended until 60 days after the Secretary of Transportation denies the claim. The claim is deemed to be administratively

denied if the Secretary does not act on the claim not later than 6

months after filing, unless the Secretary makes a different agreement with the claimant when there is good cause for an agreement.

(d) INTERPLEADER.—(1) If the Secretary admits the Government owes money under an insurance claim under this chapter and

there is a dispute about the person that is entitled to payment, the

Government may bring a civil action of interpleader in a district

court of the United States against the persons that may be entitled

to payment. The action may be brought in the judicial district for

the District of Columbia or in the judicial district in which any

party resides.

(2) The district court may order a party not residing or found

in the judicial district in which the action is brought to appear in

a civil action under this subsection. The order shall be served in

a reasonable manner decided by the district court. If the court decides an unknown person might assert a claim under the insurance

that is the subject of the action, the court may order service on that

person by publication in the Federal Register.

(3) Judgment in a civil action under this subsection discharges

the Government from further liability to the parties to the action

and to all other persons served by publication under paragraph (2)

of this subsection.

§ 44310. Ending effective date

The authority of the Secretary of Transportation to provide insurance and reinsurance under this chapter is not effective after

March 30, 2008.

CHAPTER 445—FACILITIES, PERSONNEL, AND

RESEARCH

Sec.

44501. Plans and policy.

44502. General facilities and personnel authority.

44503. Reducing nonessential expenditures.

44504. Improved aircraft, aircraft engines, propellers, and appliances.

44505. Systems, procedures, facilities, and devices.

44506. Air traffic controllers.

44507. Civil aeromedical research.

44508. Research advisory committee.

44509. Demonstration projects.

44510. Airway science curriculum grants. 44511. Aviation research grants.

44512. Catastrophic failure prevention research grants.

44513. Regional centers of air transportation excellence.

44514. Flight service stations.

44515. Advanced training facilities for maintenance technicians for air carrier air- craft.

44516. Human factors program.

44517. Program to permit cost sharing of air traffic modernization projects.

§ 44501. Plans and policy

(a) LONG RANGE PLANS AND POLICY REQUIREMENTS.—The Administrator of the Federal Aviation Administration shall make long

range plans and policy for the orderly development and use of the

navigable airspace, and the orderly development and location of air

navigation facilities, that will best meet the needs of, and serve the

interests of, civil aeronautics and the national defense, except for

needs of the armed forces that are peculiar to air warfare and primarily of military concern.

(b) AIRWAY CAPITAL INVESTMENT PLAN.—The Administrator of

the Federal Aviation Administration shall review, revise, and publish a national airways system plan, known as the Airway Capital

Investment Plan, before the beginning of each fiscal year. The plan

shall set forth—

(1) for a 10-year period, the research, engineering, and de- velopment programs and the facilities and equipment that the

Administrator considers necessary for a system of airways, air

traffic services, and navigation aids that will—

(A) meet the forecasted needs of civil aeronautics;

(B) meet the requirements that the Secretary of De- fense establishes for the support of the national defense;

and

(C) provide the highest degree of safety in air com- merce;

(2) for the first and 2d years of the plan, detailed annual

estimates of—

(A) the number, type, location, and cost of acquiring,

operating, and maintaining required facilities and services;

(B) the cost of research, engineering, and development

required to improve safety, system capacity, and efficiency;

and

(C) personnel levels required for the activities described in subclauses (A) and (B) of this clause;

(3) for the 3d, 4th, and 5th years of the plan, estimates of

the total cost of each major program for the 3-year period, and

additional major research programs, acquisition of systems and

facilities, and changes in personnel levels that may be required

to meet long range objectives and that may have significant

impact on future funding requirements; and

(4) a 10-year investment plan that considers long range objectives that the Administrator considers necessary to—

(A) ensure that safety is given the highest priority in

providing for a safe and efficient airway system; and

(B) meet the current and projected growth of aviation
104

and the requirements of interstate commerce, the United

States Postal Service, and the national defense.

(c) NATIONAL AVIATION RESEARCH PLAN.—(1) The Administrator of the Federal Aviation Administration shall prepare and

publish annually a national aviation research plan and submit the

plan to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Science of the House of Representatives. The plan shall be submitted not later than the date

of submission of the President’s budget to Congress.

(2)(A) The plan shall describe, for a 5-year period, the research,

engineering, and development that the Administrator of the Federal Aviation Administration considers necessary—

(i) to ensure the continued capacity, safety, and efficiency

of aviation in the United States, considering emerging technologies and forecasted needs of civil aeronautics; and

(ii) to provide the highest degree of safety in air travel.

(B) The plan shall—

(i) provide estimates by year of the schedule, cost, and

work force levels for each active and planned major research

and development project under sections 40119, 44504, 44505,

44507, 44509, 44511–44513, and 44912 of this title, including

activities carried out under cooperative agreements with other

Federal departments and agencies;

(ii) specify the goals and the priorities for allocation of re- sources among the major categories of research and develop- ment activities, including the rationale for the priorities identi- fied;

(iii) identify the allocation of resources among long-term

research, near-term research, and development activities;

(iv) identify the individual research and development

projects in each funding category that are described in the an- nual budget request;

(v) highlight the research and development activities that

address specific recommendations of the research advisory

committee established under section 44508 of this title, and

document the recommendations of the committee that are not

accepted, specifying the reasons for nonacceptance; and

(vi) highlight the research and development technology

transfer activities that promote technology sharing among gov- ernment, industry, and academia through the StevensonWydler Technology Innovation Act of 1980.

(3) Subject to section 40119(b) of this title and regulations prescribed under section 40119(b), the Administrator of the Federal

Aviation Administration shall submit to the committees named in

paragraph (1) of this subsection an annual report on the accomplishments of the research completed during the prior fiscal year,

including a description of the dissemination to the private sector of

research results and a description of any new technologies developed. The report shall be submitted with the plan required under

paragraph (1) and be organized to allow comparison with the plan

in effect for the prior fiscal year. The report shall be prepared in

accordance with requirements of section 1116 of title 31.

§ 44502. General facilities and personnel authority

(a) GENERAL AUTHORITY.—(1) The Administrator of the Federal

Aviation Administration may—

(A) acquire, establish, improve, operate, and maintain air

navigation facilities; and

(B) provide facilities and personnel to regulate and protect

air traffic.

(2) The cost of site preparation work associated with acquiring,

establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection shall be charged to amounts available for that purpose appropriated under section 48101(a) of this

title. The Secretary of Transportation may make an agreement

with an airport owner or sponsor (as defined in section 47102 of

this title) so that the owner or sponsor will provide the work and

be paid or reimbursed by the Secretary from the appropriated

amounts.

(3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government

to carry out any duty or power under this subsection with the consent of the head of the department, agency, or instrumentality.

(4) PURCHASE OF INSTRUMENT LANDING SYSTEM.—

(A) ESTABLISHMENT OF PROGRAM.—The Secretary shall

purchase precision approach instrument landing system

equipment for installation at airports on an expedited

basis.

(B) AUTHORIZATION.—No less than $30,000,000 of the

amounts appropriated under section 48101(a) for each of

fiscal years 2000 through 2002 shall be used for the pur- pose of carrying out this paragraph, including acquisition

under new or existing contracts, site preparation work, in- stallation, and related expenditures.

(5) 1 IMPROVEMENTS ON LEASED PROPERTIES.—The Administrator may make improvements to real property leased for no

or nominal consideration for an air navigation facility, regardless of whether the cost of making the improvements exceeds

the cost of leasing the real property, if—

(A) the improvements primarily benefit the Government;

(B) the improvements are essential for accomplishment of the mission of the Federal Aviation Administration; and

(C) the interest of the United States Government in

the improvements is protected.

(b) CERTIFICATION OF NECESSITY.—Except for Government

money expended under this part or for a military purpose, Government money may be expended to acquire, establish, construct, operate, repair, alter, or maintain an air navigation facility only if the

Administrator of the Federal Aviation Administration certifies in
105

writing that the facility is reasonably necessary for use in air commerce or for the national defense. An interested person may apply

for a certificate for a facility to be acquired, established, constructed, operated, repaired, altered, or maintained by or for the

person.

(c) ENSURING CONFORMITY WITH PLANS AND POLICIES.—(1) To

ensure conformity with plans and policies for, and allocation of, airspace by the Administrator of the Federal Aviation Administration

under section 40103(b)(1) of this title, a military airport, military

landing area, or missile or rocket site may be acquired, established,

or constructed, or a runway may be altered substantially, only if

the Administrator of the Federal Aviation Administration is given

reasonable prior notice so that the Administrator of the Federal

Aviation Administration may advise the appropriate committees of

Congress and interested departments, agencies, and instrumentalities of the Government on the effect of the acquisition, establishment, construction, or alteration on the use of airspace by aircraft.

A disagreement between the Administrator of the Federal Aviation

Administration and the Secretary of Defense or the Administrator

of the National Aeronautics and Space Administration may be appealed to the President for a final decision.

(2) To ensure conformity, an airport or landing area not involving the expenditure of Government money may be established or

constructed, or a runway may be altered substantially, only if the

Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator may provide advice

on the effects of the establishment, construction, or alteration on

the use of airspace by aircraft.

(d) PUBLIC USE AND EMERGENCY ASSISTANCE.—(1) The head of

a department, agency, or instrumentality of the Government having jurisdiction over an air navigation facility owned or operated by

the Government may provide, under regulations the head of the department, agency, or instrumentality prescribes, for public use of

the facility.

(2) The head of a department, agency, or instrumentality of the

Government having jurisdiction over an airport or emergency landing field owned or operated by the Government may provide, under

regulations the head of the department, agency, or instrumentality

prescribes, for assistance, and the sale of fuel, oil, equipment, and

supplies, to an aircraft, but only when necessary, because of an

emergency, to allow the aircraft to continue to the nearest airport

operated by private enterprise. The head of the department, agency, or instrumentality shall provide for the assistance and sale at

the prevailing local fair market value as determined by the head

of the department, agency, or instrumentality. An amount that the

head decides is equal to the cost of the assistance provided and the

fuel, oil, equipment, and supplies sold shall be credited to the appropriation from which the cost was paid. The balance shall be

credited to miscellaneous receipts.

(e) TRANSFERS OF INSTRUMENT LANDING SYSTEMS.—An airport

may transfer, without consideration, to the Administrator of the

Federal Aviation Administration an instrument landing system

(and associated approach lighting equipment and runway visual

range equipment) that conforms to performance specifications of

the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was

used to assist in purchasing the system. The Administrator shall

accept the system and operate and maintain it under criteria of the

Administrator.

§ 44503. Reducing nonessential expenditures

The Secretary of Transportation shall attempt to reduce the

capital, operating, maintenance, and administrative costs of the national airport and airway system to the maximum extent practicable consistent with the highest degree of aviation safety. At

least annually, the Secretary shall consult with and consider the

recommendations of users of the system on ways to reduce nonessential expenditures of the United States Government for aviation. The Secretary shall give particular attention to a recommendation that may reduce, with no adverse effect on safety, future personnel requirements and costs to the Government required

to be recovered from user charges.

§ 44504. Improved aircraft, aircraft engines, propellers, and

appliances

(a) DEVELOPMENTAL WORK AND SERVICE TESTING.—The Administrator of the Federal Aviation Administration may conduct or

supervise developmental work and service testing to improve aircraft, aircraft engines, propellers, and appliances.

(b) RESEARCH.—The Administrator shall conduct or supervise

research—

(1) to develop technologies and analyze information to pre- dict the effects of aircraft design, maintenance, testing, wear, and fatigue on the life of aircraft, including nonstructural air- craft systems, and air safety;

(2) to develop methods of analyzing and improving aircraft

maintenance technology and practices, including non- destructive evaluation of aircraft structures;

(3) to assess the fire and smoke resistance of aircraft mate- rial;

(4) to develop improved fire and smoke resistant material

for aircraft interiors;

(5) to develop and improve fire and smoke containment

systems for inflight aircraft fires;

(6) to develop advanced aircraft fuels with low flamma- bility and technologies that will contain aircraft fuels to mini- mize post-crash fire hazards; and

(7) to develop technologies and methods to assess the risk

of and prevent defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft,

aircraft engines, propellers, and appliances that could result in
106

a catastrophic failure of an aircraft.

(c) AUTHORITY TO BUY ITEMS OFFERING SPECIAL ADVANTAGES.—In carrying out this section, the Administrator, by negotiation or otherwise, may buy or exchange experimental aircraft, aircraft engines, propellers, and appliances that the Administrator decides may offer special advantages to aeronautics.

§ 44505. Systems, procedures, facilities, and devices

(a) GENERAL REQUIREMENTS.—(1) The Administrator of the

Federal Aviation Administration shall—

(A) develop, alter, test, and evaluate systems, procedures,

facilities, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and

traffic control of civil and military aviation, except for needs of

the armed forces that are peculiar to air warfare and primarily

of military concern; and

(B) select systems, procedures, facilities, and devices that

will best serve those needs and promote maximum coordination of air traffic control and air defense systems.

(2) The Administrator may make contracts to carry out this

subsection without regard to section 3324(a) and (b) of title 31.

(3) When a substantial question exists under paragraph (1) of

this subsection about whether a matter is of primary concern to the

armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appropriate military department has

responsibility. The Administrator shall be given technical information related to each research and development project of the armed

forces that potentially applies to, or potentially conflicts with, the

common system to ensure that potential application to the common

system is considered properly and that potential conflicts with the

system are eliminated.

(b) RESEARCH ON HUMAN FACTORS AND SIMULATION MODELS.—

The Administrator shall conduct or supervise research—

(1) to develop a better understanding of the relationship

between human factors and aviation accidents and between

human factors and air safety;

(2) to enhance air traffic controller, mechanic, and flight

crew performance;

(3) to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers, mechanics, and flight crews;

(4) to identify innovative and effective corrective measures

for human errors that adversely affect air safety; and

(5) to develop dynamic simulation models of the air traffic

control system and airport design and operating procedures

that will provide analytical technology—

(A) to predict airport and air traffic control safety and

capacity problems;

(B) to evaluate planned research projects; and

(C) to test proposed revisions in airport and air traffic

control operations programs.

(c) RESEARCH ON DEVELOPING AND MAINTAINING A SAFE AND

EFFICIENT SYSTEM.—The Administrator shall conduct or supervise

research on—

(1) airspace and airport planning and design;

(2) airport capacity enhancement techniques;

(3) human performance in the air transportation environment;

(4) aviation safety and security;

(5) the supply of trained air transportation personnel, including pilots and mechanics; and

(6) other aviation issues related to developing and maintaining a safe and efficient air transportation system.

(d) COOPERATIVE AGREEMENTS.—The Administrator may enter

into cooperative agreements on a cost-shared basis with Federal

and non-Federal entities that the Administrator may select in

order to conduct, encourage, and promote aviation research, engineering, and development, including the development of prototypes

and demonstration models.

§ 44506. Air traffic controllers

(a) RESEARCH ON EFFECT OF AUTOMATION ON PERFORMANCE.—

To develop the means necessary to establish appropriate selection

criteria and training methodologies for the next generation of air

traffic controllers, the Administrator of the Federal Aviation Administration shall conduct research to study the effect of automation on the performance of the next generation of air traffic controllers and the air traffic control system. The research shall include

investigating—

(1) methods for improving and accelerating future air traf- fic controller training through the application of advanced

training techniques, including the use of simulation technology;

(2) the role of automation in the air traffic control system

and its physical and psychological effects on air traffic controllers;

(3) the attributes and aptitudes needed to function well in

a highly automated air traffic control system and the develop- ment of appropriate testing methods for identifying individuals

with those attributes and aptitudes;

(4) innovative methods for training potential air traffic

controllers to enhance the benefits of automation and maxi- mize the effectiveness of the air traffic control system; and

(5) new technologies and procedures for exploiting auto- mated communication systems, including Mode S Tran- sponders, to improve information transfers between air traffic

controllers and aircraft pilots. (b) RESEARCH ON HUMAN FACTOR ASPECTS OF AUTOMATION.—

The Administrators of the Federal Aviation Administration and

National Aeronautics and Space Administration may make an

agreement for the use of the National Aeronautics and Space Ad-
107

ministration’s unique human factor facilities and expertise in conducting research activities to study the human factor aspects of the

highly automated environment for the next generation of air traffic

controllers. The research activities shall include investigating—

(1) human perceptual capabilities and the effect of computer-aided decision making on the workload and performance

of air traffic controllers;

(2) information management techniques for advanced air

traffic control display systems; and

(3) air traffic controller workload and performance measures, including the development of predictive models.

(c) COLLEGIATE TRAINING INITIATIVE.—(1) The Administrator of

the Federal Aviation Administration may maintain the Collegiate

Training Initiative program by making new agreements and continuing existing agreements with institutions of higher education

(as defined by the Administrator) under which the institutions prepare students for the position of air traffic controller with the Department of Transportation (as defined in section 2109 of title 5).

The Administrator may establish standards for the entry of institutions into the program and for their continued participation.

(2)(A) The Administrator of the Federal Aviation Administration may appoint an individual who has successfully completed a

course of training in a program described in paragraph (1) of this

subsection to the position of air traffic controller noncompetitively

in the excepted service (as defined in section 2103 of title 5). An

individual appointed under this paragraph serves at the pleasure

of the Administrator, subject to section 7511 of title 5. However, an

appointment under this paragraph may be converted from one in

the excepted service to a career conditional or career appointment

in the competitive civil service (as defined in section 2102 of title

5) when the individual achieves full performance level air traffic

controller status, as decided by the Administrator.

(B) The authority under subparagraph (A) of this paragraph to

make appointments in the excepted service expires on October 6,

1997, except that the Administrator of the Federal Aviation Administration may extend the authority for one or more successive oneyear periods.

(d) STAFFING REPORT.—The Administrator of the Federal Aviation Administration shall submit annually to the Committee on

Transportation and Infrastructure of the House of Representatives

and the Committee on Commerce, Science, and Transportation of

the Senate a report containing—

(1) the staffing standards used to determine the number of

air traffic controllers needed to operate the air traffic control

system of the United States;

(2) a 3-year projection of the number of controllers needed

to be employed to operate the system to meet the standards;

and

(3) a detailed plan for employing the controllers, including

projected budget requests.

§ 44507. Civil aeromedical research

The Civil Aeromedical Institute established by section 106(j) of

this title may—

(1) conduct civil aeromedical research, including research

related to—

(A) the protection and survival of aircraft occupants;

(B) medical accident investigation and airman medical

certification;

(C) toxicology and the effects of drugs on human per- formance;

(D) the impact of disease and disability on human performance;

(E) vision and its relationship to human performance

and equipment design;

(F) human factors of flight crews, air traffic controllers, mechanics, inspectors, airway facility technicians, and

other individuals involved in operating and maintaining

aircraft and air traffic control equipment; and

(G) agency work force optimization, including training,

equipment design, reduction of errors, and identification of

candidate tasks for automation;

(2) make comments to the Administrator of the Federal

Aviation Administration on human factors aspects of proposed

air safety regulations;

(3) make comments to the Administrator on human factors

aspects of proposed training programs, equipment requirements, standards, and procedures for aviation personnel;

(4) advise, assist, and represent the Federal Aviation Administration in the human factors aspects of joint projects between the Administration and the National Aeronautics and

Space Administration, other departments, agencies, and instrumentalities of the United States Government, industry, and

governments of foreign countries; and

(5) provide medical consultation services to the Administrator about medical certification of airmen.

§ 44508. Research advisory committee

(a) ESTABLISHMENT AND DUTIES.—(1) There is a research advisory committee in the Federal Aviation Administration. The com- mittee shall—

(A) provide advice and recommendations to the Administrator of the Federal Aviation Administration about needs, ob- jectives, plans, approaches, content, and accomplishments of

the aviation research program carried out under sections

40119, 44504, 44505, 44507, 44511–44513, and 44912 of this

title;

(B) assist in ensuring that the research is coordinated with

similar research being conducted outside the Administration;

(C) review the operations of the regional centers of air

transportation excellence established under section 44513 of
108

this title; and

(D) annually review the allocation made by the Adminis- trator of the amounts authorized by section 48102(a) of this

title among the major categories of research and development

activities carried out by the Administration and provide advice

and recommendations to the Administrator on whether such

allocation is appropriate to meet the needs and objectives iden- tified under subparagraph (A).

(2) The Administrator may establish subordinate committees to

provide advice on specific areas of research conducted under sec- tions 40119, 44504, 44505, 44507, 44511–44513, and 44912 of this

title.

(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.—(1) The committee is composed of not more than 30 members appointed by the

Administrator from among individuals who are not employees of

the Administration and who are specially qualified to serve on the

committee because of their education, training, or experience. In

appointing members of the committee, the Administrator shall ensure that the regional centers of air transportation excellence, universities, corporations, associations, consumers, and other departments, agencies, and instrumentalities of the United States Gov- ernment are represented.

(2) The Administrator shall designate the chairman of the committee.

(3) A member of the committee serves without pay. However,

the Administrator may allow a member, when attending meetings

of the committee or a subordinate committee, expenses as authorized under section 5703 of title 5.

(c) SUPPORT STAFF, INFORMATION, AND SERVICES.—The Administrator shall provide support staff for the committee. On request

of the committee, the Administrator shall provide information, administrative services, and supplies that the Administrator considers necessary for the committee to carry out its duties and powers.

(d) NONAPPLICATION.—Section 14 of the Federal Advisory Committee Act (5 App. U.S.C.) does not apply to the committee.

(e) USE AND LIMITATION OF AMOUNTS.—(1) Not more than .1

percent of the amounts made available to conduct research under

sections 40119, 44504, 44505, 44507, 44511–44513, and 44912 of

this title may be used by the Administrator to carry out this section.

(2) A limitation on amounts available for obligation by or for

the committee does not apply to amounts made available to carry

out this section.

§ 44509. Demonstration projects

The Secretary of Transportation may carry out under this

chapter demonstration projects that the Secretary considers necessary for research and development activities under this chapter.

§ 44510. Airway science curriculum grants

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make competitive grant agreements

with institutions of higher education having airway science curricula for the United States Government’s share of the allowable

direct costs of the following categories of items to the extent that

the items are in support of airway science curricula:

(1) the construction, purchase, or lease with an option to

purchase, of buildings and associated facilities.

(2) instructional material and equipment.

(b) COST GUIDELINES.—The Administrator shall establish

guidelines to determine the direct costs allowable under a grant to

be made under this section. The Government’s share of the allowable cost of a project assisted by a grant under this section may

not be more than 65 percent.

§ 44511. Aviation research grants

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make grants to institutions of higher

education and nonprofit research organizations to conduct aviation

research in areas the Administrator considers necessary for the

long-term growth of civil aviation.

(b) APPLICATIONS.—An institution of higher education or nonprofit research organization interested in receiving a grant under

this section may submit an application to the Administrator. The

application must be in the form and contain the information the

Administrator requires.

(c) SOLICITATION, REVIEW, AND EVALUATION PROCESS.—The

Administrator shall establish a solicitation, review, and evaluation

process that ensures—

(1) providing grants under this section for proposals having adequate merit and relevancy to the mission of the Administration;

(2) a fair geographical distribution of grants under this

section; and

(3) the inclusion of historically black institutions of higher

education and other minority nonprofit research organizations

for grant consideration under this section.

(d) RECORDS.—Each person receiving a grant under this sec- tion shall maintain records that the Administrator requires as

being necessary to facilitate an effective audit and evaluation of the

use of money provided under the grant.

(e) ANNUAL REPORT.—The Administrator shall submit an annual report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transpor- tation of the Senate on carrying out this section.

(f) AIRPORT COOPERATIVE RESEARCH PROGRAM.—

(1) ESTABLISHMENT.—The Secretary of Transportation

shall establish a 4-year pilot airport cooperative research pro-
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gram to—

(A) identify problems that are shared by airport oper- ating agencies and can be solved through applied research

but that are not being adequately addressed by existing

Federal research programs; and

(B) fund research to address those problems.

(2) GOVERNANCE.—The Secretary of Transportation shall

appoint an independent governing board for the research program established under this subsection. The governing board

shall be appointed from candidates nominated by national associations representing public airport operating agencies, airport executives, State aviation officials, and the scheduled airlines, and shall include representatives of appropriate Federal

agencies. Section 14 of the Federal Advisory Committee Act

shall not apply to the governing board.

(3) IMPLEMENTATION.—The Secretary of Transportation

shall enter into an arrangement with the National Academy of

Sciences to provide staff support to the governing board established under paragraph (2) and to carry out projects proposed

by the governing board that the Secretary considers appropriate.

(4) REPORT.—Not later than 6 months after the expiration

of the program under this subsection, the Secretary shall

transmit to the Congress a report on the program, including

recommendations as to the need for establishing a permanent

airport cooperative research program.

§ 44512. Catastrophic failure prevention research grants

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make grants to institutions of higher

education and nonprofit research organizations—

(1) to conduct aviation research related to the development

of technologies and methods to assess the risk of, and prevent,

defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and

(2) to establish centers of excellence for continuing the research.

(b) SOLICITATION, APPLICATION, REVIEW, AND EVALUATION

PROCESS.—The Administrator shall establish a solicitation, application, review, and evaluation process that ensures providing grants

under this section for proposals having adequate merit and relevancy to the research described in subsection (a) of this section.

§ 44513. Regional centers of air transportation excellence

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make grants to institutions of higher

education to establish and operate regional centers of air transportation excellence. The locations shall be distributed in a geographically fair way.

(b) RESPONSIBILITIES.—(1) The responsibilities of each center

established under this section shall include—

(A) conducting research on—

(i) airspace and airport planning and design;

(ii) airport capacity enhancement techniques;

(iii) human performance in the air transportation environment;

(iv) aviation safety and security;

(v) the supply of trained air transportation personnel, including pilots and mechanics; and

(vi) other aviation issues related to developing and

maintaining a safe and efficient air transportation system;

and

(B) interpreting, publishing, and disseminating the results

of the research.

(2) In conducting research described in paragraph (1)(A) of this

subsection, each center may make contracts with nonprofit re- search organizations and other appropriate persons.

(c) APPLICATIONS.—An institution of higher education interested in receiving a grant under this section may submit an application to the Administrator. The application must be in the form

and contain the information that the Administrator requires by

regulation.

(d) SELECTION CRITERIA.—The Administrator shall select re- cipients of grants under this section on the basis of the following

criteria:

(1) the extent to which the needs of the State in which the

applicant is located are representative of the needs of the re- gion for improved air transportation services and facilities. (2) the demonstrated research and extension resources

available to the applicant to carry out this section.

(3) the ability of the applicant to provide leadership in

making national and regional contributions to the solution of

both long-range and immediate air transportation problems.

(4) the extent to which the applicant has an established air

transportation program.

(5) the demonstrated ability of the applicant to disseminate results of air transportation research and educational programs through a statewide or regionwide continuing education

program.

(6) the projects the applicant proposes to carry out under

the grant.

(e) EXPENDITURE AGREEMENTS.—A grant may be made under

this section in a fiscal year only if the recipient makes an agreement with the Administrator that the Administrator requires to ensure that the recipient will maintain its total expenditures from all

other sources for establishing and operating the center and related

research activities at a level at least equal to the average level of

those expenditures in the 2 fiscal years of the recipient occurring
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immediately before November 5, 1990.

(f) GOVERNMENT’S SHARE OF COSTS.—The United States Government’s share of a grant under this section is 50 percent of the

costs of establishing and operating the center and related research

activities that the grant recipient carries out.

(g) ALLOCATING AMOUNTS.—The Administrator shall allocate

amounts made available to carry out this section in a geographically fair way.

§ 44514. Flight service stations

(a) HOURS OF OPERATION.—(1) The Secretary of Transportation

may close, or reduce the hours of operation of, a flight service station in an area only if the service provided in the area after the

closing or during the hours the station is not in operation is provided by an automated flight service station with at least model 1

equipment.

(2) The Secretary shall reopen a flight service station closed

after March 24, 1987, but before July 15, 1987, as soon as practicable if the service in the area in which the station is located has

not been provided since the closing by an automatic flight service

station with at least model 1 equipment. The hours of operation for

the reopened station shall be the same as were the hours of operation for the station on March 25, 1987. After reopening the station, the Secretary may close, or reduce the hours of operation of,

the station only as provided in paragraph (1) of this subsection.

(b) MANNED AUXILIARY STATIONS.—The Secretary and the Administrator of the Federal Aviation Administration shall establish

a system of manned auxiliary flight service stations. The manned

auxiliary flight service stations shall supplement the services of the

planned consolidation to 61 automated flight service stations under

the flight service station modernization program. A manned auxiliary flight service station shall be located in an area of unique

weather or operational conditions that are critical to the safety of

flight.

§ 44515. Advanced training facilities for maintenance technicians for air carrier aircraft

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make grants to not more than 4 voca- tional technical educational institutions to acquire or construct facilities to be used for the advanced training of maintenance technicians for air carrier aircraft.

(b) ELIGIBILITY.—The Administrator may make a grant under

this section to a vocational technical educational institution only if

the institution has a training curriculum that prepares aircraft

maintenance technicians who hold airframe and power plant certificates under subpart D of part 65 of title 14, Code of Federal

Regulations, to maintain, without direct supervision, air carrier

aircraft.

(c) LIMITATION.—A vocational technical educational institution

may not receive more than a total of $5,000,000 in grants under

this section.

§ 44516. Human factors program

(a) HUMAN FACTORS TRAINING.—

(1) AIR TRAFFIC CONTROLLERS.—The Administrator of the

Federal Aviation Administration shall—

(A) address the problems and concerns raised by the

National Research Council in its report ‘‘The Future of Air

Traffic Control’’ on air traffic control automation; and

(B) respond to the recommendations made by the National Research Council.

(2) PILOTS AND FLIGHT CREWS.—The Administrator shall

work with representatives of the aviation industry and appropriate aviation programs associated with universities to develop specific training curricula to address critical safety prob- lems, including problems of pilots—

(A) in recovering from loss of control of an aircraft, including handling unusual attitudes and mechanical mal- functions;

(B) in deviating from standard operating procedures,

including inappropriate responses to emergencies and hazardous weather;

(C) in awareness of altitude and location relative to

terrain to prevent controlled flight into terrain; and

(D) in landing and approaches, including nonprecision

approaches and go-around procedures.

(b) TEST PROGRAM.—The Administrator shall establish a test

program in cooperation with air carriers to use model Jeppesen approach plates or other similar tools to improve precision-like landing approaches for aircraft.

(c) REPORT.—Not later than 1 year after the date of the enactment of this section, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives a report on the status of the Administration’s efforts to encourage the adoption and implementation of advanced qualification programs for air carriers under this section.

(d) ADVANCED QUALIFICATION PROGRAM DEFINED.—In this section, the term ‘‘advanced qualification program’’ means an alternative method for qualifying, training, certifying, and ensuring the

competency of flight crews and other commercial aviation operations personnel subject to the training and evaluation requirements of parts 121 and 135 of title 14, Code of Federal Regulations.

§ 44517. Program to permit cost sharing of air traffic mod- ernization projects

(a) IN GENERAL.—Subject to the requirements of this section,

the Secretary may carry out a program under which the Secretary

may make grants to project sponsors for not more than 10 eligible
111

projects per fiscal year for the purpose of improving aviation safety

and enhancing mobility of the Nation’s air transportation system

by encouraging non-Federal investment in critical air traffic control

equipment and software.

(b) FEDERAL SHARE.—The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall

be provided from non-Federal sources, including revenues collected

pursuant to section 40117.

(c) LIMITATION ON GRANT AMOUNTS.—No eligible project may

receive more than $5,000,000 in Federal funds under the program.

(d) FUNDING.—The Secretary shall use amounts appropriated

under section 48101(a) to carry out the program.

(e) DEFINITIONS.—In this section, the following definitions

apply:

(1) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means a

project to purchase equipment or software relating to the Nation’s air traffic control system that is certified or approved by

the Administrator of the Federal Aviation Administration and

that promotes safety, efficiency, or mobility. Such projects may

include—

(A) airport-specific air traffic facilities and equipment,

including local area augmentation systems, instrument

landing systems, weather and wind shear detection equipment, and lighting improvements;

(B) automation tools to effect improvements in airport

capacity, including passive final approach spacing tools

and traffic management advisory equipment; and

(C) equipment and software that enhance airspace

control procedures or assist in en route surveillance, including oceanic and offshore flight tracking.

(2) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means

any major user of the national airspace system, as determined

by the Secretary, including a public-use airport or a joint venture between a public-use airport and one or more air carriers.

(f) TRANSFERS OF EQUIPMENT.—Notwithstanding any other

provision of law, and upon agreement by the Administrator, a

project sponsor may transfer, without consideration, to the Federal

Aviation Administration, facilities, equipment, or automation tools,

the purchase of which was assisted by a grant made under this section, if such facilities, equipment or tools meet Federal Aviation

Administration operation and maintenance criteria.

(g) GUIDELINES.—The Administrator shall issue advisory

guidelines on the implementation of the program. The guidelines

shall not be subject to administrative rulemaking requirements

under subchapter II of chapter 5 of title 5.

CHAPTER 447—SAFETY REGULATION

Sec.

44701. General requirements.

44702. Issuance of certificates.

44703. Airman certificates.

44704. Type certificates, production certificates, airworthiness certificates, and design organization certificates.

44705. Air carrier operating certificates.

44706. Airport operating certificates.

44707. Examining and rating air agencies.

44708. Inspecting and rating air navigation facilities.

44709. Amendments, modifications, suspensions, and revocations of certificates.

44710. Revocations of airman certificates for controlled substance violations.

44711. Prohibitions and exemption.

44712. Emergency locator transmitters.

44713. Inspection and maintenance.

44714. Aviation fuel standards.

44715. Controlling aircraft noise and sonic boom.

44716. Collision avoidance systems.

44717. Aging aircraft.

44718. Structures interfering with air commerce.

44719. Standards for navigational aids.

44720. Meteorological services.

44721. Aeronautical charts and related products and services.

44722. Aircraft operations in winter conditions.

44723. Annual report.

44724. Manipulation of flight controls.

44725. Life-limited aircraft parts.

44726. Denial and revocation of certificate for counterfeit parts violations.

44727. Runway safety areas.

44728. Flight attendant certification.

§ 44701. General requirements

(a) PROMOTING SAFETY.—The Administrator of the Federal

Aviation Administration shall promote safe flight of civil aircraft in

air commerce by prescribing—

(1) minimum standards required in the interest of safety

for appliances and for the design, material, construction, quality of work, and performance of aircraft, aircraft engines, and

propellers;

(2) regulations and minimum standards in the interest of

safety for—

(A) inspecting, servicing, and overhauling aircraft, aircraft engines, propellers, and appliances;

(B) equipment and facilities for, and the timing and

manner of, the inspecting, servicing, and overhauling; and

(C) a qualified private person, instead of an officer or

employee of the Administration, to examine and report on

the inspecting, servicing, and overhauling;

(3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply of

fuel and oil carried in flight;
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(4) regulations in the interest of safety for the maximum

hours or periods of service of airmen and other employees of

air carriers; and

(5) regulations and minimum standards for other practices,

methods, and procedure the Administrator finds necessary for

safety in air commerce and national security.

(b) PRESCRIBING MINIMUM SAFETY STANDARDS.—The Administrator may prescribe minimum safety standards for—

(1) an air carrier to whom a certificate is issued under section 44705 of this title; and

(2) operating an airport serving any passenger operation of

air carrier aircraft designed for at least 31 passenger seats.

(c) REDUCING AND ELIMINATING ACCIDENTS.—The Administrator shall carry out this chapter in a way that best tends to reduce or eliminate the possibility or recurrence of accidents in air

transportation. However, the Administrator is not required to give

preference either to air transportation or to other air commerce in

carrying out this chapter.

(d) CONSIDERATIONS AND CLASSIFICATION OF REGULATIONS AND

STANDARDS.—When prescribing a regulation or standard under

subsection (a) or (b) of this section or any of sections 44702–44716

of this title, the Administrator shall—

(1) consider—

(A) the duty of an air carrier to provide service with

the highest possible degree of safety in the public interest;

and

(B) differences between air transportation and other

air commerce; and

(2) classify a regulation or standard appropriate to the differences between air transportation and other air commerce.

(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPONSIBILITIES.—

(1) IN GENERAL.—Notwithstanding the provisions of this

chapter, the Administrator, pursuant to Article 83 bis of the

Convention on International Civil Aviation and by a bilateral

agreement with the aeronautical authorities of another country, may exchange with that country all or part of their respective functions and duties with respect to registered aircraft

under the following articles of the Convention: Article 12

(Rules of the Air); Article 31 (Certificates of Airworthiness); or

Article 32a (Licenses of Personnel).

(2) RELINQUISHMENT AND ACCEPTANCE OF RESPONSIBILITY.—The Administrator relinquishes responsibility with respect to the functions and duties transferred by the Administrator as specified in the bilateral agreement, under the Arti- cles listed in paragraph (1) for United States-registered aircraft described in paragraph (4)(A) transferred abroad and accepts responsibility with respect to the functions and duties

under those Articles for aircraft registered abroad and described in paragraph (4)(B) that are transferred to the United

States.

(3) CONDITIONS.—The Administrator may predicate, in the

agreement, the transfer of functions and duties under this sub- section on any conditions the Administrator deems necessary

and prudent, except that the Administrator may not transfer

responsibilities for United States registered aircraft described

in paragraph (4)(A) to a country that the Administrator determines is not in compliance with its obligations under international law for the safety oversight of civil aviation.

(4) REGISTERED AIRCRAFT DEFINED.—In this subsection, the

term ‘‘registered aircraft’’ means—

(A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or

interchange of the aircraft or any similar arrangement by

an operator that has its principal place of business or, if it

has no such place of business, its permanent residence in

another country; and

(B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an

operator that has its principal place of business or, if it

has no such place of business, its permanent residence in

the United States.

(f) EXEMPTIONS.—The Administrator may grant an exemption

from a requirement of a regulation prescribed under subsection (a)

or (b) of this section or any of sections 44702–44716 of this title if

the Administrator finds the exemption is in the public interest.

§ 44702. Issuance of certificates

(a) GENERAL AUTHORITY AND APPLICATIONS.—The Adminis- trator of the Federal Aviation Administration may issue airman

certificates, type certificates, production certificates, airworthiness

certificates, air carrier operating certificates, airport operating certificates, air agency certificates, and air navigation facility certificates under this chapter. An application for a certificate must—

(1) be under oath when the Administrator requires; and

(2) be in the form, contain information, and be filed and

served in the way the Administrator prescribes. (b) CONSIDERATIONS.—When issuing a certificate under this

chapter, the Administrator shall—

(1) consider— (A) the duty of an air carrier to provide service with

the highest possible degree of safety in the public interest;

and

(B) differences between air transportation and other

air commerce; and

(2) classify a certificate according to the differences be- tween air transportation and other air commerce.

(c) PRIOR CERTIFICATION.—The Administrator may authorize

an aircraft, aircraft engine, propeller, or appliance for which a cer-
113

tificate has been issued authorizing the use of the aircraft, aircraft

engine, propeller, or appliance in air transportation to be used in

air commerce without another certificate being issued.

(d) DELEGATION.—(1) Subject to regulations, supervision, and

review the Administrator may prescribe, the Administrator may

delegate to a qualified private person, or to an employee under the

supervision of that person, a matter related to—

(A) the examination, testing, and inspection necessary to

issue a certificate under this chapter; and

(B) issuing the certificate.

(2) The Administrator may rescind a delegation under this sub- section at any time for any reason the Administrator considers ap- propriate.

(3) A person affected by an action of a private person under

this subsection may apply for reconsideration of the action by the

Administrator. On the Administrator’s own initiative, the Adminis- trator may reconsider the action of a private person at any time. If the Administrator decides on reconsideration that the action is

unreasonable or unwarranted, the Administrator shall change, modify, or reverse the action. If the Administrator decides the ac- tion is warranted, the Administrator shall affirm the action.

§ 44703. Airman certificates

(a) GENERAL.—The Administrator of the Federal Aviation Administration shall issue an airman certificate to an individual

when the Administrator finds, after investigation, that the individual is qualified for, and physically able to perform the duties related to, the position to be authorized by the certificate.

(b) CONTENTS.—(1) An airman certificate shall—

(A) be numbered and recorded by the Administrator of the

Federal Aviation Administration;

(B) contain the name, address, and description of the indi- vidual to whom the certificate is issued;

(C) contain terms the Administrator decides are necessary

to ensure safety in air commerce, including terms on the dura- tion of the certificate, periodic or special examinations, and

tests of physical fitness;

(D) specify the capacity in which the holder of the certifi- cate may serve as an airman with respect to an aircraft; and

(E) designate the class the certificate covers.

(2) A certificate issued to a pilot serving in scheduled air trans- portation shall have the designation ‘‘airline transport pilot’’ of the

appropriate class.

(c) PUBLIC INFORMATION.—

(1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of law, the information contained

in the records of contents of any airman certificate issued

under this section that is limited to an airman’s name, address, and ratings held shall be made available to the public

after the 120th day following the date of the enactment of the

Wendell H. Ford Aviation Investment and Reform Act for the

21st Century [enacted Apr. 5, 2000].

(2) OPPORTUNITY TO WITHHOLD INFORMATION.—Before

making any information concerning an airman available to the

public under paragraph (1), the airman shall be given an opportunity to elect that the information not be made available

to the public.

(3) DEVELOPMENT AND IMPLEMENTATION OF PROGRAM.—

Not later than 60 days after the date of the enactment of the

Wendell H. Ford Aviation Investment and Reform Act for the

21st Century [enacted Apr. 5, 2000], the Administrator shall

develop and implement, in cooperation with representatives of

the aviation industry, a one-time written notification to airmen

to set forth the implications of making information concerning

an airman available to the public under paragraph (1) and to

carry out paragraph (2). The Administrator shall also provide

such written notification to each individual who becomes an

airman after such date of enactment.

(d) APPEALS.—(1) An individual whose application for the

issuance or renewal of an airman certificate has been denied may

appeal the denial to the National Transportation Safety Board, except if the individual holds a certificate that—

(A) is suspended at the time of denial; or

(B) was revoked within one year from the date of the denial.

(2) The Board shall conduct a hearing on the appeal at a place

convenient to the place of residence or employment of the applicant. The Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration but is bound by all

validly adopted interpretations of laws and regulations the Administrator carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. At the end of

the hearing, the Board shall decide whether the individual meets

the applicable regulations and standards. The Administrator is

bound by that decision.

(e) RESTRICTIONS AND PROHIBITIONS.—The Administrator of

the Federal Aviation Administration may—

(1) restrict or prohibit issuing an airman certificate to an

alien; or

(2) make issuing the certificate to an alien dependent on a

reciprocal agreement with the government of a foreign

country. (f) CONTROLLED SUBSTANCE VIOLATIONS.—The Administrator

of the Federal Aviation Administration may not issue an airman

certificate to an individual whose certificate is revoked under section 44710 of this title except—

(1) when the Administrator decides that issuing the certifi- cate will facilitate law enforcement efforts; and

(2) as provided in section 44710(e)(2) of this title.

(g) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the

Federal Aviation Administration shall make modifications in the
114

system for issuing airman certificates necessary to make the system more effective in serving the needs of airmen and officials responsible for enforcing laws related to the regulation of controlled

substances (as defined in section 102 of the Comprehensive Drug

Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) and related to combating acts of terrorism. The modifications shall ensure

positive and verifiable identification of each individual applying for

or holding a certificate and shall address at least each of the following deficiencies in, and abuses of, the existing system:

(A) the use of fictitious names and addresses by applicants

for those certificates.

(B) the use of stolen or fraudulent identification in applying for those certificates.

(C) the use by an applicant of a post office box or ‘‘mail

drop’’ as a return address to evade identification of the applicant’s address.

(D) the use of counterfeit and stolen airman certificates by

pilots.

(E) the absence of information about physical characteristics of holders of those certificates.

(2) The Administrator of the Federal Aviation Administration

shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written explanation of how the regulations

address each of the deficiencies and abuses described in paragraph

(1). In prescribing the regulations, the Administrator of the Federal

Aviation Administration shall consult with the Administrator of

Drug Enforcement, the Commissioner of Customs, other law enforcement officials of the United States Government, representatives of State and local law enforcement officials, representatives of

the general aviation aircraft industry, representatives of users of

general aviation aircraft, and other interested persons.

(3) For purposes of this section, the term ‘‘acts of terrorism’’

means an activity that involves a violent act or an act dangerous

to human life that is a violation of the criminal laws of the United

States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State,

and appears to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion or to affect the conduct of a government by assassination or

kidnaping.

(4) The Administrator is authorized and directed to work with

State and local authorities, and other Federal agencies, to assist in

the identification of individuals applying for or holding airmen certificates.

(h) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—

(1) IN GENERAL.—Subject to paragraph (14), before allowing an individual to begin service as a pilot, an air carrier shall

request and receive the following information:

(A) FAA RECORDS.—From the Administrator of the

Federal Aviation Administration, records pertaining to the

individual that are maintained by the Administrator

concerning—

(i) current airman certificates (including airman

medical certificates) and associated type ratings, including any limitations to those certificates and ratings; and

(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of

this title or a regulation prescribed or order issued

under this title that was not subsequently overturned.

(B) AIR CARRIER AND OTHER RECORDS.—From any air

carrier or other person (except a branch of the United

States Armed Forces, the National Guard, or a reserve

component of the United States Armed Forces) that has

employed the individual as a pilot of a civil or public air- craft at any time during the 5-year period preceding the

date of the employment application of the individual, or

from the trustee in bankruptcy for such air carrier or

person—

(i) records pertaining to the individual that are

maintained by an air carrier (other than records relating to flight time, duty time, or rest time) under regulations set forth in—

(I) section 121.683 of title 14, Code of Federal

Regulations;

(II) paragraph (A) of section VI, appendix I,

part 121 of such title;

(III) paragraph (A) of section IV, appendix J, part 121 of such title;

(IV) section 125.401 of such title; and

(V) section 135.63(a)(4) of such title; and

(ii) other records pertaining to the individual’s

performance as a pilot that are maintained by the air

carrier or person concerning—

(I) the training, qualifications, proficiency, or

professional competence of the individual, includ- ing comments and evaluations made by a check

airman designated in accordance with section

121.411, 125.295, or 135.337 of such title;

(II) any disciplinary action taken with respect

to the individual that was not subsequently over- turned; and

(III) any release from employment or resigna- tion, termination, or disqualification with respect

to employment. (C) NATIONAL DRIVER REGISTER RECORDS.—In accordance with section 30305(b)(8) of this title, from the chief

driver licensing official of a State, information concerning

the motor vehicle driving record of the individual.

(2) WRITTEN CONSENT; RELEASE FROM LIABILITY.—An air
115

carrier making a request for records under paragraph (1)—

(A) shall be required to obtain written consent to the

release of those records from the individual that is the

subject of the records requested; and

(B) may, notwithstanding any other provision of law or

agreement to the contrary, require the individual who is

the subject of the records to request to execute a release

from liability for any claim arising from the furnishing of

such records to or the use of such records by such air carrier (other than a claim arising from furnishing information known to be false and maintained in violation of a

criminal statute).

(3) 5-YEAR REPORTING PERIOD.—A person shall not furnish a

record in response to a request made under paragraph (1) if the

record was entered more than 5 years before the date of the

request, unless the information concerns a revocation or

suspension of an airman certificate or motor vehicle license

that is in effect on the date of the request. (4) REQUIREMENT TO MAINTAIN RECORDS.—The Administrator and air carriers shall maintain pilot records described in

paragraphs (1)(A) and (1)(B) for a period of at least 5 years.

(5) RECEIPT OF CONSENT; PROVISION OF INFORMATION.—A

person shall not furnish a record in response to a request made

under paragraph (1) without first obtaining a copy of the writ- ten consent of the individual who is the subject of the records

requested; 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). A person who receives a request for records under this

subsection shall furnish a copy of all of such requested records

maintained by the person not later than 30 days after receiving the request.

(6) RIGHT TO RECEIVE NOTICE AND COPY OF ANY RECORD

FURNISHED.—A person who receives a request for records

under paragraph (1) shall provide to the individual who is the

subject of the records—

(A) on or before the 20th day following the date of receipt of the request, written notice of the request and of

the individual’s right to receive a copy of such records; and

(B) in accordance with paragraph (10), a copy of such

records, if requested by the individual.

(7) REASONABLE CHARGES FOR PROCESSING REQUESTS AND

FURNISHING COPIES.—A person who receives a request under

paragraph (1) or (6) may establish a reasonable charge for the

cost of processing the request and furnishing copies of the requested records.

(8) STANDARD FORMS.—The Administrator shall

promulgate—

(A) standard forms that may be used by an air carrier

to request records under paragraph (1); and

(B) standard forms that may be used by an air carrier

to—

(i) obtain the written consent of the individual

who is the subject of a request under paragraph (1);

and

(ii) inform the individual of—

(I) the request; and

(II) the individual right of that individual to

receive a copy of any records furnished in response to the request.

(9) RIGHT TO CORRECT INACCURACIES.—An air carrier that

maintains or requests and receives the records of an individual

under paragraph (1) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records before making a final hiring decision with respect to the individual.

(10) RIGHT OF PILOT TO REVIEW CERTAIN RECORDS.—Notwithstanding any other provision of law or agreement, an air

carrier shall, upon written request from a pilot who is or has

been employed by such carrier, make available, within a reasonable time, but not later than 30 days after the date of the

request, to the pilot for review, any and all employment

records referred to in paragraph (1)(B) (i) or (ii) pertaining to

the employment of the pilot.

(11) PRIVACY PROTECTIONS.—An air carrier that receives

the records of an individual under paragraph (1) may use such

records only to assess the qualifications of the individual in de- ciding whether or not to hire the individual as a pilot. The air

carrier shall take such actions as may be necessary to protect

the privacy of the pilot and the confidentiality of the records,

including ensuring that information contained in the records is

not divulged to any individual that is not directly involved in

the hiring decision.

(12) PERIODIC REVIEW.—Not later than 18 months after the

date of the enactment of the Pilot Records Improvement Act of

1996 [enacted Oct. 9, 1996], and at least once every 3 years

thereafter, the Administrator shall transmit to Congress a

statement that contains, taking into account recent

developments in the aviation industry—

(A) recommendations by the Administrator concerning

proposed changes to Federal Aviation Administration

records, air carrier records, and other records required to

be furnished under subparagraphs (A) and (B) of paragraph (1); or

(B) reasons why the Administrator does not recommend any proposed changes to the records referred to

in subparagraph (A). (13) REGULATIONS.—The Administrator shall prescribe

such regulations as may be necessary—
116

(A) to protect—

(i) the personal privacy of any individual whose

records are requested under paragraph (1) and dis- seminated under paragraph (15); and

(ii) the confidentiality of those records;

(B) to preclude the further dissemination of records re- ceived under paragraph (1) by the person who requested

those records; and

(C) to ensure prompt compliance with any request

made under paragraph (1).

(14) SPECIAL RULES WITH RESPECT TO CERTAIN PILOTS.—

(A) PILOTS OF CERTAIN SMALL AIRCRAFT.—Notwithstanding paragraph (1), an air carrier, before receiving in- formation requested about an individual under paragraph

(1), may allow the individual to begin service for a period

not to exceed 90 days as a pilot of an aircraft with a max- imum payload capacity (as defined in section 119.3 of title

14, Code of Federal Regulations) of 7,500 pounds or less,

or a helicopter, on a flight that is not a scheduled operation (as defined in such section). Before the end of the 90-

day period, the air carrier shall obtain and evaluate such

information. The contract between the carrier and the individual shall contain a term that provides that the continuation of the individual’s employment, after the last day of

the 90-day period, depends on a satisfactory evaluation.

(B) GOOD FAITH EXCEPTION.—Notwithstanding paragraph (1), an air carrier, without obtaining information

about an individual under paragraph (1)(B) from an air

carrier or other person that no longer exists or from a foreign government or entity that employed the individual,

may allow the individual to begin service as a pilot if the

air carrier required to request the information has made

a documented good faith attempt to obtain such information.

(15) ELECTRONIC ACCESS TO FAA RECORDS.—For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have

electronic access to a specified database containing information

about such records. The terms shall limit such access to instances in which information in the database is required by the

designated individual in making a hiring decision concerning a

pilot applicant and shall require that the designated individual

provide assurances satisfactory to the Administrator that infor- mation obtained using such access will not be used for any purpose other than making the hiring decision.

(i) LIMITATION ON LIABILITY; PREEMPTION OF STATE LAW.—

(1) LIMITATION ON LIABILITY.—No action or proceeding may

be brought by or on behalf of an individual who has applied

for or is seeking a position with an air carrier as a pilot and

who has signed a release from liability, as provided for under

paragraph (2), against— (A) the air carrier requesting the records of that indi- vidual under subsection (h)(1);

(B) a person who has complied with such request;

(C) a person who has entered information contained in

the individual’s records; or

(D) an agent or employee of a person described in sub- paragraph (A) or (B);

in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or otherwise, or under

any Federal or State law with respect to the furnishing or use

of such records in accordance with subsection (h).

(2) PREEMPTION.—No State or political subdivision thereof

may enact, prescribe, issue, continue in effect, or enforce any

law (including any regulation, standard, or other provision

having the force and effect of law) that prohibits, penalizes, or

imposes liability for furnishing or using records in accordance

with subsection (h).

(3) PROVISION OF KNOWINGLY FALSE INFORMATION.—Paragraphs (1) and (2) shall not apply with respect to a person who

furnishes information in response to a request made under

subsection (h)(1), that—

(A) the person knows is false; and

(B) was maintained in violation of a criminal statute

of the United States.

(j) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in sub- section (h) shall be construed as precluding the availability of the

records of a pilot in an investigation or other proceeding concerning

an accident or incident conducted by the Administrator, the National Transportation Safety Board, or a court.

§ 44704. Type certificates, production certificates, airworthiness certificates, and design organization certificates

(a) TYPE CERTIFICATES.—

(1) I s s u a n c e , i n ve s t i g a t i o n s , a n d te s t s . —The

Administrator of the Federal Aviation Administration shall

issue a type certificate for an air- craft, aircraft engine, or

propeller, or for an appliance specified under paragraph

(2)(A) of this subsection when the Administrator finds that the

aircraft, aircraft engine, propeller, or appliance is properly

designed and manufactured, performs properly, and meets the

regulations and minimum standards prescribed under section

44701(a) of this title. On receiving an application for a type

certificate, the Administrator shall investigate the application

and may conduct a hearing. The Administrator shall make,

or require the applicant to make, tests the Administrator

considers necessary in the interest of safety.
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(2) Specifications.—The Administrator may—

(A) specify in regulations those appliances that reasonably

require a type certificate in the interest of safety;

(B) include in a type certificate terms required in the

interest of safety; and

(C) record on the certificate a numerical specification of

the essential factors related to the performance of the aircraft,

aircraft engine, or propeller for which the certificate is issued.

(3) Special rules for new aircraft and appliances.—Except as

provided in paragraph (4), if holder of a type certificate agrees

to permit another person to use the certificate to manufacture

a new aircraft, aircraft engine, propeller, or appliance, the

holder shall provide the other person with written evidence, in

a form acceptable to the Administrator, of that agreement.

Such other person may manufacture a new aircraft, aircraft

engine, propeller, or appliance based on a type certificate

only if such other person is the holder of the type certificate

or has permission from the holder.

(4) Limitation for aircraft manufactured before August 5, 2004.

—Paragraph (3) shall not apply to a person who began the

manufacture of an aircraft before August 5, 2004, and who

demonstrates to the satisfaction of the Administrator that such

manufacture began before August 5, 2004, if the name of the holder

of the type certificate for the aircraft does not appear on the

airworthiness certificate or identification plate of the aircraft. The

holder of the type certificate for the aircraft shall not be responsible

for the continued airworthiness of the aircraft. A person may invoke

the exception provided by this paragraph with regard to the

manufacture of only one aircraft.

(b) SUPPLEMENTAL TYPE CERTIFICATES.—

(1) ISSUANCE.—The Administrator may issue a type certifi- cate designated as a supplemental type certificate for a change

to an aircraft, aircraft engine, propeller, or appliance.

(2) CONTENTS.—A supplemental type certificate issued

under paragraph (1) shall consist of the change to the aircraft,

aircraft engine, propeller, or appliance with respect to the previously issued type certificate for the aircraft, aircraft engine,

propeller, or appliance.

(3) REQUIREMENT.—If the holder of a supplemental type

certificate agrees to permit another person to use the certificate to modify an aircraft, aircraft engine, propeller, or appliance, the holder shall provide the other person with written

evidence, in a form acceptable to the Administrator, of that

agreement. A person may change an aircraft, aircraft engine,

propeller, or appliance based on a supplemental type certificate

only if the person requesting the change is the holder of the

supplemental type certificate or has permission from the holder to make the change. (c) PRODUCTION CERTIFICATES.—The Administrator shall issue

a production certificate authorizing the production of a duplicate of

an aircraft, aircraft engine, propeller, or appliance for which a type

certificate has been issued when the Administrator finds the dupli- cate will conform to the certificate. On receiving an application, the

Administrator shall inspect, and may require testing of, a duplicate

to ensure that it conforms to the requirements of the certificate.

The Administrator may include in a production certificate terms required in the interest of safety.

(d) AIRWORTHINESS CERTIFICATES.—(1) The registered owner of

an aircraft may apply to the Administrator for an airworthiness

certificate for the aircraft. The Administrator shall issue an airworthiness certificate when the Administrator finds that the aircraft conforms to its type certificate and, after inspection, is in condition for safe operation. The Administrator shall register each airworthiness certificate and may include appropriate information in

the certificate. The certificate number or other individual designation the Administrator requires shall be displayed on the aircraft.

The Administrator may include in an airworthiness certificate

terms required in the interest of safety.

(2) A person applying for the issuance or renewal of an airworthiness certificate for an aircraft for which ownership has not

been recorded under section 44107 or 44110 of this title must submit with the application information related to the ownership of

the aircraft the Administrator decides is necessary to identify each

person having a property interest in the aircraft and the kind and

extent of the interest.

(e) DESIGN ORGANIZATION CERTIFICATES.—

(1) ISSUANCE.—Beginning 7 years after the date of enactment of this subsection, the Administrator may issue a design

organization certificate to a design organization to authorize

the organization to certify compliance with the requirements

and minimum standards prescribed under section 44701(a) for

the type certification of aircraft, aircraft engines, propellers, or

appliances.

(2) APPLICATIONS.—On receiving an application for a design organization certificate, the Administrator shall examine

and rate the design organization submitting the application, in

accordance with regulations to be prescribed by the Administrator, to determine whether the design organization has ade- quate engineering, design, and testing capabilities, standards,

and safeguards to ensure that the product being certificated is

properly designed and manufactured, performs properly, and

meets the regulations and minimum standards prescribed

under section 44701(a).

(3) ISSUANCE OF TYPE CERTIFICATES BASED ON DESIGN ORGANIZATION CERTIFICATION.—The Administrator may rely on

certifications of compliance by a design organization when

making a finding under subsection (a).

(4) PUBLIC SAFETY.—The Administrator shall include in a

design organization certificate issued under this subsection

terms required in the interest of safety.
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(5) NO EFFECT ON POWER OF REVOCATION.—Nothing in this

subsection affects the authority of the Secretary of Transportation to revoke a certificate.

§ 44705. Air carrier operating certificates

The Administrator of the Federal Aviation Administration

shall issue an air carrier operating certificate to a person desiring

to operate as an air carrier when the Administrator finds, after investigation, that the person properly and adequately is equipped

and able to operate safely under this part and regulations and

standards prescribed under this part. An air carrier operating certificate shall—

(1) contain terms necessary to ensure safety in air transportation; and

(2) specify the places to and from which, and the airways

of the United States over which, a person may operate as an

air carrier.

§ 44706. Airport operating certificates

(a) GENERAL.—The Administrator of the Federal Aviation Administration shall issue an airport operating certificate to a person

desiring to operate an airport—

(1) that serves an air carrier operating aircraft designed

for at least 31 passenger seats;

(2) that is not located in the State of Alaska and serves

any scheduled passenger operation of an air carrier operating

aircraft designed for more than 9 passenger seats but less than

31 passenger seats; and

(3) that the Administrator requires to have a certificate;

if the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under

this part and regulations and standards prescribed under this part.

(b) TERMS.—An airport operating certificate issued under this

section shall contain terms necessary to ensure safety in air transportation. Unless the Administrator decides that it is not in the

public interest, the terms shall include conditions related to—

(1) operating and maintaining adequate safety equipment, including firefighting and rescue equipment capable of rapid

access to any part of the airport used for landing, takeoff, or

surface maneuvering of an aircraft; and

(2) friction treatment for primary and secondary runways

that the Secretary of Transportation decides is necessary.

(c) EXEMPTIONS.—The Administrator may exempt from the requirements of this section, related to firefighting and rescue equipment, an operator of an airport described in subsection (a) of this

section having less than .25 percent of the total number of passenger boardings each year at all airports described in subsection

(a) when the Administrator decides that the requirements are or

would be unreasonably costly, burdensome, or impractical.

(d) COMMUTER AIRPORTS.—In developing the terms required by

subsection (b) for airports covered by subsection (a)(2), the Administrator shall identify and consider a reasonable number of regulatory alternatives and select from such alternatives the least costly, most cost-effective or the least burdensome alternative that will

provide comparable safety at airports described in subsections

(a)(1) and (a)(2).

(e) EFFECTIVE DATE.—Any regulation establishing the terms

required by subsection (b) for airports covered by subsection (a)(2)

shall not take effect until such regulation, and a report on the economic impact of the regulation on air service to the airports covered by the rule, has been submitted to Congress and 120 days

have elapsed following the date of such submission.

(f) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this

title may be construed as requiring a person to obtain an airport

operating certificate if such person does not desire to operate an

airport described in subsection (a).

§ 44707. Examining and rating air agencies

The Administrator of the Federal Aviation Administration may

examine and rate the following air agencies:

(1) civilian schools giving instruction in flying or repairing,

altering, and maintaining aircraft, aircraft engines, propellers,

and appliances, on the adequacy of instruction, the suitability

and airworthiness of equipment, and the competency of instructors.

(2) repair stations and shops that repair, alter, and maintain aircraft, aircraft engines, propellers, and appliances, on

the adequacy and suitability of the equipment, facilities, and

materials for, and methods of, repair and overhaul, and the

competency of the individuals doing the work or giving instruction in the work.

(3) other air agencies the Administrator decides are necessary in the public interest.

§ 44708. Inspecting and rating air navigation facilities

The Administrator of the Federal Aviation Administration may

inspect, classify, and rate an air navigation facility available for the

use of civil aircraft on the suitability of the facility for that use.

§ 44709. Amendments, modifications, suspensions, and revocations of certificates

(a) REINSPECTION AND REEXAMINATION.—The Administrator of

the Federal Aviation Administration may reinspect at any time a

civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air

agency, or reexamine an airman holding a certificate issued under

section 44703 of this title.

(b) ACTIONS OF THE ADMINISTRATOR.—The Administrator may
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issue an order amending, modifying, suspending, or revoking—

(1) any part of a certificate issued under this chapter if—

(A) the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety

in air commerce or air transportation and the public interest require that action; or

(B) the holder of the certificate has violated an aircraft

noise or sonic boom standard or regulation prescribed

under section 44715(a) of this title; and

(2) an airman certificate when the holder of the certificate

is convicted of violating section 13(a) of the Fish and Wildlife

Act of 1956 (16 U.S.C. 742j–1(a)).

(c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO ANSWER.—Before acting under subsection (b) of this section, the Administrator shall advise the holder of the certificate of the charges

or other reasons on which the Administrator relies for the proposed

action. Except in an emergency, the Administrator shall provide

the holder an opportunity to answer the charges and be heard why

the certificate should not be amended, modified, suspended, or revoked.

(d) APPEALS.—(1) A person adversely affected by an order of

the Administrator under this section may appeal the order to the

National Transportation Safety Board. After notice and an opportunity for a hearing, the Board may amend, modify, or reverse the

order when the Board finds—

(A) if the order was issued under subsection (b)(1)(A) of

this section, that safety in air commerce or air transportation

and the public interest do not require affirmation of the order;

or

(B) if the order was issued under subsection (b)(1)(B) of

this section—

(i) that control or abatement of aircraft noise or sonic

boom and the public health and welfare do not require affirmation of the order; or

(ii) the order, as it is related to a violation of aircraft

noise or sonic boom standards and regulations, is not con- sistent with safety in air commerce or air transportation.

(2) The Board may modify a suspension or revocation of a certificate to imposition of a civil penalty.

(3) When conducting a hearing under this subsection, the

Board is not bound by findings of fact of the Administrator but is

bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy

guidance available to the public related to sanctions to be imposed

under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law.

(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—

(1) IN GENERAL.—When a person files an appeal with the

Board under subsection (d), the order of the Administrator is

stayed.

(2) EXCEPTION.—Notwithstanding paragraph (1), the order

of the Administrator is effective immediately if the Adminis- trator advises the Board that an emergency exists and safety

in air commerce or air transportation requires the order to be

effective immediately.

(3) REVIEW OF EMERGENCY ORDER.—A person affected by

the immediate effectiveness of the Administrator’s order under

paragraph (2) may petition for a review by the Board, under

procedures promulgated by the Board, of the Administrator’s

determination that an emergency exists. Any such review shall

be requested not later than 48 hours after the order is received

by the person. If the Board finds that an emergency does not

exist that requires the immediate application of the order in

the interest of safety in air commerce or air transportation, the

order shall be stayed, notwithstanding paragraph (2). The

Board shall dispose of a review request under this paragraph

not later than 5 days after the date on which the request is

filed.

(4) FINAL DISPOSITION.—The Board shall make a final disposition of an appeal under subsection (d) not later than 60

days after the date on which the appeal is filed.

(f) JUDICIAL REVIEW.—A person substantially affected by an

order of the Board under this section, or the Administrator when

the Administrator decides that an order of the Board under this

section will have a significant adverse impact on carrying out this

part, may obtain judicial review of the order under section 46110

of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive

if supported by substantial evidence.

§ 44710. Revocations of airman certificates for controlled

substance violations

(a) DEFINITION.—In this section, ‘‘controlled substance’’ has the

same meaning given that term in section 102 of the Comprehensive

Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(b) REVOCATION.—(1) The Administrator of the Federal Aviation Administration shall issue an order revoking an airman certificate issued an individual under section 44703 of this title after the

individual is convicted, under a law of the United States or a State

related to a controlled substance (except a law related to simple

possession of a controlled substance), of an offense punishable by

death or imprisonment for more than one year if the Administrator

finds that—

(A) an aircraft was used to commit, or facilitate the com- mission of, the offense; and

(B) the individual served as an airman, or was on the air- craft, in connection with committing, or facilitating the com- mission of, the offense.

(2) The Administrator shall issue an order revoking an airman

certificate issued an individual under section 44703 of this title if
120

the Administrator finds that—

(A) the individual knowingly carried out an activity pun- ishable, under a law of the United States or a State related to

a controlled substance (except a law related to simple posses- sion of a controlled substance), by death or imprisonment for

more than one year;

(B) an aircraft was used to carry out or facilitate the activ- ity; and

(C) the individual served as an airman, or was on the air- craft, in connection with carrying out, or facilitating the car- rying out of, the activity. (3) The Administrator has no authority under paragraph (1) of

this subsection to review whether an airman violated a law of the

United States or a State related to a controlled substance.

(c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before

the Administrator revokes a certificate under subsection (b) of this

section, the Administrator must—

(1) advise the holder of the certificate of the charges or

reasons on which the Administrator relies for the proposed revocation; and

(2) provide the holder of the certificate an opportunity to

answer the charges and be heard why the certificate should

not be revoked.

(d) APPEALS.—(1) An individual whose certificate is revoked by

the Administrator under subsection (b) of this section may appeal

the revocation order to the National Transportation Safety Board.

The Board shall affirm or reverse the order after providing notice

and an opportunity for a hearing on the record. When conducting

the hearing, the Board is not bound by findings of fact of the Administrator but shall be bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of

written agency policy guidance available to the public related to

sanctions to be imposed under this section unless the Board finds

an interpretation is arbitrary, capricious, or otherwise not according to law.

(2) When an individual files an appeal with the Board under

this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board

that safety in air transportation or air commerce requires the immediate effectiveness of the order—

(A) the order remains effective; and

(B) the Board shall make a final disposition of the appeal

not later than 60 days after the Administrator so advises the

Board.

(3) An individual substantially affected by an order of the

Board under this subsection, or the Administrator when the Administrator decides that an order of the Board will have a significant adverse effect on carrying out this part, may obtain judicial

review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings.

Findings of fact of the Board are conclusive if supported by substantial evidence.

(e) ACQUITTAL.—(1) The Administrator may not revoke, and

the Board may not affirm a revocation of, an airman certificate

under subsection (b)(2) of this section on the basis of an activity described in subsection (b)(2)(A) if the holder of the certificate is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity.

(2) If the Administrator has revoked an airman certificate

under this section because of an activity described in subsection

(b)(2)(A) of this section, the Administrator shall reissue a certificate

to the individual if—

(A) the individual otherwise satisfies the requirements for a

certificate under section 44703 of this title; and

(B)(i) the individual subsequently is acquitted of all

charges related to a controlled substance in an indictment or

information arising from the activity; or

(ii) the conviction on which a revocation under subsection

(b)(1) of this section is based is reversed.

(f) WAIVERS.—The Administrator may waive the requirement

of subsection (b) of this section that an airman certificate of an individual be revoked if—

(1) a law enforcement official of the United States Government or of a State requests a waiver; and

(2) the Administrator decides that the waiver will facilitate

law enforcement efforts.

§ 44711. Prohibitions and exemption

(a) PROHIBITIONS.—A person may not—

(1) operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the

certificate;

(2) serve in any capacity as an airman with respect to a

civil aircraft, aircraft engine, propeller, or appliance used, or

intended for use, in air commerce—

(A) without an airman certificate authorizing the airman to serve in the capacity for which the certificate was

issued; or

(B) in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or

(b) or any of sections 44702–44716 of this title;

(3) employ for service related to civil aircraft used in air

commerce an airman who does not have an airman certificate

authorizing the airman to serve in the capacity for which the

airman is employed;

(4) operate as an air carrier without an air carrier oper- ating certificate or in violation of a term of the certificate;

(5) operate aircraft in air commerce in violation of a regu- lation prescribed or certificate issued under section 44701(a) or

(b) or any of sections 44702–44716 of this title;

(6) operate a seaplane or other aircraft of United States
121

registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 (33

U.S.C. 1602);

(7) violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or

order issued under section 44701(a) or (b) or any of sections

44702–44716 of this title related to the holder of the certificate;

(8) operate an airport without an airport operating certificate required under section 44706 of this title or in violation

of a term of the certificate; or

(9) manufacture, deliver, sell, or offer for sale any aviation

fuel or additive in violation of a regulation prescribed under

section 44714 of this title.

(b) EXEMPTION.—On terms the Administrator of the Federal

Aviation Administration prescribes as being in the public interest,

the Administrator may exempt a foreign aircraft and airmen serving on the aircraft from subsection (a) of this section. However, an

exemption from observing air traffic regulations may not be granted.

(c) PROHIBITION ON EMPLOYMENT OF CONVICTED COUNTERFEIT

PART TRAFFICKERS.—No person subject to this chapter may knowingly employ anyone to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted in a

court of law of a violation of any Federal law relating to the installation, production, repair, or sale of a counterfeit or fraudulentlyrepresented aviation part or material.

§ 44712. Emergency locator transmitters

(a) INSTALLATION.—An emergency locator transmitter must be

installed on a fixed-wing powered civil aircraft for use in air commerce.

(b) NONAPPLICATION.—Prior to January 1, 2002, subsection (a)

does not apply to—

(1) turbojet-powered aircraft;

(2) aircraft when used in scheduled flights by scheduled air

carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;

(3) aircraft when used in training operations conducted entirely within a 50 mile radius of the airport from which the

training operations begin;

(4) aircraft when used in flight operations related to design

and testing, the manufacture, preparation, and delivery of the

aircraft, or the aerial application of a substance for an agricultural purpose;

(5) aircraft holding certificates from the Administrator of

the Federal Aviation Administration for research and development;

(6) aircraft when used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys;

and

(7) aircraft equipped to carry only one individual.

(c) NONAPPLICATION BEGINNING ON JANUARY 1, 2002.—

(1) IN GENERAL.—Subject to paragraph (2), on and after

January 1, 2002, subsection (a) does not apply to—

(A) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;

(B) aircraft when used in training operations conducted entirely within a 50-mile radius of the airport from

which the training operations begin;

(C) aircraft when used in flight operations related to

the design and testing, manufacture, preparation, and delivery of aircraft;

(D) aircraft when used in research and development if

the aircraft holds a certificate from the Administrator of

the Federal Aviation Administration to carry out such research and development;

(E) aircraft when used in showing compliance with

regulations, crew training, exhibition, air racing, or market

surveys;

(F) aircraft when used in the aerial application of a

substance for an agricultural purpose;

(G) aircraft with a maximum payload capacity of more

than 18,000 pounds when used in air transportation; or

(H) aircraft equipped to carry only one individual.

(2) DELAY IN IMPLEMENTATION.—The Administrator of the

Federal Aviation Administration may continue to implement

subsection (b) rather than subsection (c) for a period not to exceed 2 years after January 1, 2002, if the Administrator finds

such action is necessary to promote—

(A) a safe and orderly transition to the operation of

civil aircraft equipped with an emergency locator; or

(B) other safety objectives.

(d) COMPLIANCE.—An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter

that transmits on the 121.5/243 megahertz frequency or the 406

megahertz frequency or with other equipment approved by the Secretary for meeting the requirement of subsection (a).

(e) REMOVAL.—The Administrator shall prescribe regulations

specifying the conditions under which an aircraft subject to subsection (a) of this section may operate when its emergency locator

transmitter has been removed for inspection, repair, alteration, or

replacement.

§ 44713. Inspection and maintenance

(a) GENERAL EQUIPMENT REQUIREMENTS.—An air carrier shall

make, or cause to be made, any inspection, repair, or maintenance

of equipment used in air transportation as required by this part or

regulations prescribed or orders issued by the Administrator of the
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Federal Aviation Administration under this part. A person operating, inspecting, repairing, or maintaining the equipment shall

comply with those requirements, regulations, and orders.

(b) DUTIES OF INSPECTORS.—The Administrator of the Federal

Aviation Administration shall employ inspectors who shall—

(1) inspect aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture and when in use by an air carrier in air transportation,

to enable the Administrator to decide whether the aircraft, air- craft engines, propellers, or appliances are in safe condition

and maintained properly; and

(2) advise and cooperate with the air carrier during that

inspection and maintenance.

(c) UNSAFE AIRCRAFT, ENGINES, PROPELLERS, AND APPLIANCES.—When an inspector decides that an aircraft, aircraft engine, propeller, or appliance is not in condition for safe operation,

the inspector shall notify the air carrier in the form and way prescribed by the Administrator of the Federal Aviation Administration. For 5 days after the carrier is notified, the aircraft, engine,

propeller, or appliance may not be used in air transportation or in

a way that endangers air transportation unless the Administrator

or the inspector decides the aircraft, engine, propeller, or appliance

is in condition for safe operation.

(d) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the

Federal Aviation Administration shall make modifications in the

system for processing forms for major repairs or alterations to fuel

tanks and fuel systems of aircraft not used to provide air transportation that are necessary to make the system more effective in

serving the needs of users of the system, including officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug

Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The

modifications shall address at least each of the following deficiencies in, and abuses of, the existing system:

(A) the lack of a special identification feature to allow the

forms to be distinguished easily from other major repair and

alteration forms.

(B) the excessive period of time required to receive the

forms at the Airmen and Aircraft Registry of the Administration.

(C) the backlog of forms waiting for processing at the Registry.

(D) the lack of ready access by law enforcement officials to

information contained on the forms.

(2) The Administrator of the Federal Aviation Administration

shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written explanation of how the regulations

address each of the deficiencies and abuses described in paragraph

(1). In prescribing the regulations, the Administrator of the Federal

Aviation Administration shall consult with the Administrator of

Drug Enforcement, the Commissioner of Customs, other law enforcement officials of the United States Government, representatives of State and local law enforcement officials, representatives of

the general aviation aircraft industry, representatives of users of

general aviation aircraft, and other interested persons.

(e) AUTOMATED SURVEILLANCE TARGETING SYSTEMS.—

(1) IN GENERAL.—The Administrator shall give high priority to developing band deploying a fully enhanced safety performance analysis system that includes automated surveillance

to assist the Administrator in prioritizing and targeting surveillance and inspection activities of the Federal Aviation Administration.

(2) DEADLINES FOR DEPLOYMENT.—

(A) INITIAL PHASE.—The initial phase of the operational deployment of the system developed under this

subsection shall begin not later than December 31, 1997.

(B) FINAL PHASE.—The final phase of field deployment

of the system developed under this subsection shall begin

not later than December 31, 1999. By that date, all principal operations and maintenance inspectors of the Administration, and appropriate supervisors and analysts of the

Administration shall have been provided access to the necessary information and resources to carry out the system.

(3) INTEGRATION OF INFORMATION.—In developing the system under this section, the Administration shall consider the

near-term integration of accident and incident data into the

safety performance analysis system under this subsection.

§ 44714. Aviation fuel standards

The Administrator of the Federal Aviation Administration

shall prescribe—

(1) standards for the composition or chemical or physical

properties of an aircraft fuel or fuel additive to control or eliminate aircraft emissions the Administrator of the Environmental Protection Agency decides under section 231 of the

Clean Air Act (42 U.S.C. 7571) endanger the public health or

welfare; and

(2) regulations providing for carrying out and enforcing

those standards.

§ 44715. Controlling aircraft noise and sonic boom

(a) STANDARDS AND REGULATIONS.—(1)(A) To relieve and protect the public health and welfare from aircraft noise and sonic

boom, the Administrator of the Federal Aviation Administration, as

he deems necessary, shall prescribe—

(i) standards to measure aircraft noise and sonic boom;

and

(ii) regulations to control and abate aircraft noise and

sonic boom.
123

(B) The Administrator, as the Administrator deems appropriate, shall provide for the participation of a representative of the

Environmental Protection Agency on such advisory committees or

associated working groups that advise the Administrator on matters related to the environmental effects of aircraft and aircraft engines.

(2) The Administrator of the Federal Aviation Administration

may prescribe standards and regulations under this subsection

only after consulting with the Administrator of the Environmental

Protection Agency. The standards and regulations shall be applied

when issuing, amending, modifying, suspending, or revoking a certificate authorized under this chapter.

(3) An original type certificate may be issued under section

44704(a) of this title for an aircraft for which substantial noise

abatement can be achieved only after the Administrator of the Federal Aviation Administration prescribes standards and regulations

under this section that apply to that aircraft. (b) CONSIDERATIONS AND CONSULTATION.—When prescribing a

standard or regulation under this section, the Administrator of the

Federal Aviation Administration shall—

(1) consider relevant information related to aircraft noise

and sonic boom;

(2) consult with appropriate departments, agencies, and in- strumentalities of the United States Government and State

and interstate authorities;

(3) consider whether the standard or regulation is con- sistent with the highest degree of safety in air transportation

or air commerce in the public interest;

(4) consider whether the standard or regulation is eco- nomically reasonable, technologically practicable, and appro- priate for the applicable aircraft, aircraft engine, appliance, or

certificate; and

(5) consider the extent to which the standard or regulation

will carry out the purposes of this section.

(c) PROPOSED REGULATIONS OF ADMINISTRATOR OF ENVIRONMENTAL PROTECTION AGENCY.—The Administrator of the Environmental Protection Agency shall submit to the Administrator of the

Federal Aviation Administration proposed regulations to control

and abate aircraft noise and sonic boom (including control and

abatement through the use of the authority of the Administrator of

the Federal Aviation Administration) that the Administrator of the

Environmental Protection Agency considers necessary to protect

the public health and welfare. The Administrator of the Federal

Aviation Administration shall consider those proposed regulations

and shall publish them in a notice of proposed regulations not later

than 30 days after they are received. Not later than 60 days after

publication, the Administrator of the Federal Aviation Administration shall begin a hearing at which interested persons are given an

opportunity for oral and written presentations. Not later than 90

days after the hearing is completed and after consulting with the

Administrator of the Environmental Protection Agency, the Administrator of the Federal Aviation Administration shall—

(1) prescribe regulations as provided by this section—

(A) substantially the same as the proposed regulations

submitted by the Administrator of the Environmental Protection Agency; or

(B) that amend the proposed regulations; or

(2) publish in the Federal Register—

(A) a notice that no regulation is being prescribed in

response to the proposed regulations of the Administrator

of the Environmental Protection Agency;

(B) a detailed analysis of, and response to, all information the Administrator of the Environmental Protection

Agency submitted with the proposed regulations; and

(C) a detailed explanation of why no regulation is

being prescribed.

(d) CONSULTATION AND REPORTS.—(1) If the Administrator of

the Environmental Protection Agency believes that the action of

the Administrator of the Federal Aviation Administration under

subsection (c)(1)(B) or (2) of this section does not protect the public

health and welfare from aircraft noise or sonic boom, consistent

with the considerations in subsection (b) of this section, the Administrator of the Environmental Protection Agency shall consult with

the Administrator of the Federal Aviation Administration and may

request a report on the advisability of prescribing the regulation as

originally proposed. The request, including a detailed statement of

the information on which the request is based, shall be published

in the Federal Register.

(2) The Administrator of the Federal Aviation Administration

shall report to the Administrator of the Environmental Protection

Agency within the time, if any, specified in the request. However, the time specified must be at least 90 days after the date of the

request. The report shall—

(A) be accompanied by a detailed statement of the findings

of the Administrator of the Federal Aviation Administration

and the reasons for the findings;

(B) identify any statement related to an action under sub- section (c) of this section filed under section 102(2)(C) of the

National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C));

(C) specify whether and where that statement is available

for public inspection; and

(D) be published in the Federal Register unless the request

proposes specific action by the Administrator of the Federal

Aviation Administration and the report indicates that action

will be taken.

(e) SUPPLEMENTAL REPORTS.—The Administrator of the Environmental Protection Agency may request the Administrator of the

Federal Aviation Administration to file a supplemental report if the

report under subsection (d) of this section indicates that the proposed regulations under subsection (c) of this section, for which a

statement under section 102(2)(C) of the Act (42 U.S.C. 4332(2)(C))
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is not required, should not be prescribed. The supplemental report

shall be published in the Federal Register within the time the Ad- ministrator of the Environmental Protection Agency specifies. However, the time specified must be at least 90 days after the date of

the request. The supplemental report shall contain a comparison of

the environmental effects, including those that cannot be avoided,

of the action of the Administrator of the Federal Aviation Administration and the proposed regulations of the Administrator of the

Environmental Protection Agency.

(f) EXEMPTIONS.—An exemption from a standard or regulation

prescribed under this section may be granted only if, before granting the exemption, the Administrator of the Federal Aviation Administration consults with the Administrator of the Environmental

Protection Agency. However, if the Administrator of the Federal

Aviation Administration finds that safety in air transportation or

air commerce requires an exemption before the Administrator of

the Environmental Protection Agency can be consulted, the exemption may be granted. The Administrator of the Federal Aviation

Administration shall consult with the Administrator of the Environmental Protection Agency as soon as practicable after the exemption is granted.

§ 44716. Collision avoidance systems

(a) DEVELOPMENT AND CERTIFICATION.—The Administrator of

the Federal Aviation Administration shall—

(1) complete the development of the collision avoidance

system known as TCAS–II so that TCAS–II can operate under

visual and instrument flight rules and can be upgraded to the

performance standards applicable to the collision avoidance

system known as TCAS–III;

(2) develop and carry out a schedule for developing and

certifying TCAS–II that will result in certification not later

than June 30, 1989; and

(3) submit to Congress monthly reports on the progress

being made in developing and certifying TCAS–II.

(b) INSTALLATION AND OPERATION.—The Administrator shall

require by regulation that, not later than 30 months after the date

certification is made under subsection (a)(2) of this section, TCAS–

II be installed and operated on each civil aircraft that has a maximum passenger capacity of at least 31 seats and is used to provide

air transportation of passengers, including intrastate air transportation of passengers. The Administrator may extend the deadline

in this subsection for not more than 2 years if the Administrator

finds the extension is necessary to promote—

(1) a safe and orderly transition to the operation of a fleet

of civil aircraft described in this subsection equipped with

TCAS–II; or

(2) other safety objectives.

(c) OPERATIONAL EVALUATION.—Not later than December 30,

1990, the Administrator shall establish a one-year program to collect and assess safety and operational information from civil air- craft equipped with TCAS–II for the operational evaluation of

TCAS–II. The Administrator shall encourage foreign air carriers

that operate civil aircraft equipped with TCAS–II to participate in

the program.

(d) AMENDING SCHEDULE FOR WINDSHEAR EQUIPMENT.—The

Administrator shall consider the feasibility and desirability of

amending the schedule for installing airborne low-altitude

windshear equipment to make the schedule compatible with the

schedule for installing TCAS–II.

(e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The

Administrator shall complete developing and certifying TCAS–III

as soon as possible.

(2) Necessary amounts may be appropriated from the Airport

and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this subsection.

(f) INSTALLING AND USING TRANSPONDERS.—The Administrator

shall prescribe regulations requiring that, not later than December

30, 1990, operating transponders with automatic altitude reporting

capability be installed and used for aircraft operating in designated

terminal airspace where radar service is provided for separation of

aircraft. The Administrator may provide for access to that airspace

(except terminal control areas and airport radar service areas) by

nonequipped aircraft if the Administrator finds the access will not

interfere with the normal traffic flow.

(g) CARGO COLLISION AVOIDANCE SYSTEMS.—

(1) IN GENERAL.—The Administrator shall require by regu- lation that, no later than December 31, 2002, collision avoidance equipment be installed on each cargo aircraft with a maximum certificated takeoff weight in excess of 15,000 kilograms.

(2) EXTENSION OF DEADLINE.—The Administrator may ex- tend the deadline established by paragraph (1) by not more

than 2 years if the Administrator finds that the extension is

needed to promote—

(A) a safe and orderly transition to the operation of a

fleet of cargo aircraft equipped with collision avoidance

equipment; or

(B) other safety or public interest objectives.

(3) COLLISION AVOIDANCE EQUIPMENT DEFINED.—In this

subsection, the term ‘‘collision avoidance equipment’’ means

equipment that provides protection from mid-air collisions

using technology that provides—

(A) cockpit-based collision detection and conflict reso- lution guidance, including display of traffic; and

(B) a margin of safety of at least the same level as

provided by the collision avoidance system known as

TCAS–II.
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§ 44717. Aging aircraft

(a) INSPECTIONS AND REVIEWS.—The Administrator of the Federal Aviation Administration shall prescribe regulations that ensure the continuing airworthiness of aging aircraft. The regulations

prescribed under subsection (a) of this section—

(1) at least shall require the Administrator to make inspections, and review the maintenance and other records, of each

aircraft an air carrier uses to provide air transportation that

the Administrator decides may be necessary to enable the Administrator to decide whether the aircraft is in safe condition

and maintained properly for operation in air transportation;

(2) at least shall require an air carrier to demonstrate to

the Administrator, as part of the inspection, that maintenance

of the aircraft’s age-sensitive parts and components has been

adequate and timely enough to ensure the highest degree of

safety;

(3) shall require the air carrier to make available to the

Administrator the aircraft and any records about the aircraft

that the Administrator requires to carry out a review; and

(4) shall establish procedures to be followed in carrying out

an inspection.

(b) WHEN AND HOW INSPECTIONS AND REVIEWS SHALL BE CARRIED OUT.—(1) Inspections and reviews required under subsection

(a)(1) of this section shall be carried out as part of each heavy

maintenance check of the aircraft conducted after the 14th year in

which the aircraft has been in service.

(2) Inspections under subsection (a)(1) of this section shall be

carried out as provided under section 44701(a)(2)(B) and (C) of this

title.

(c) AIRCRAFT MAINTENANCE SAFETY PROGRAMS.—The Adminis- trator shall establish—

(1) a program to verify that air carriers are maintaining

their aircraft according to maintenance programs approved by

the Administrator;

(2) a program—

(A) to provide inspectors and engineers of the Admin- istration with training necessary to conduct auditing in- spections of aircraft operated by air carriers for corrosion

and metal fatigue; and

(B) to enhance participation of those inspectors and

engineers in those inspections; and

(3) a program to ensure that air carriers demonstrate to

the Administrator their commitment and technical competence

to ensure the airworthiness of aircraft that the carriers oper- ate.

(d) FOREIGN AIR TRANSPORTATION.—(1) The Administrator

shall take all possible steps to encourage governments of foreign

countries and relevant international organizations to develop

standards and requirements for inspections and reviews that—

(A) will ensure the continuing airworthiness of aging air- craft used by foreign air carriers to provide foreign air trans- portation to and from the United States; and

(B) will provide passengers of those foreign air carriers

with the same level of safety that will be provided passengers

of air carriers by carrying out this section.

(2) Not later than September 30, 1994, the Administrator shall

report to Congress on carrying out this subsection.

§ 44718. Structures interfering with air commerce

(a) NOTICE.—By regulation or by order when necessary, the

Secretary of Transportation shall require a person to give adequate

public notice, in the form and way the Secretary prescribes, of the

construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a

structure or sanitary landfill when the notice will promote—

(1) safety in air commerce; and

(2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports.

(b) STUDIES.—(1) Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a

structure may result in an obstruction of the navigable airspace or

an interference with air navigation facilities and equipment or the

navigable airspace, the Secretary shall conduct an aeronautical

study to decide the extent of any adverse impact on the safe and

efficient use of the airspace, facilities, or equipment. In conducting

the study, the Secretary shall consider factors relevant to the efficient and effective use of the navigable airspace, including—

(A) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;

(B) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;

(C) the impact on existing public-use airports and aeronautical facilities;

(D) the impact on planned public-use airports and aeronautical facilities; and

(E) the cumulative impact resulting from the proposed construction or alteration of a structure when combined with the

impact of other existing or proposed structures.

(2) On completing the study, the Secretary shall issue a report

disclosing completely the extent of the adverse impact on the safe

and efficient use of the navigable airspace that the Secretary finds

will result from constructing or altering the structure.

(c) BROADCAST APPLICATIONS AND TOWER STUDIES.—In carrying out laws related to a broadcast application and conducting an

aeronautical study related to broadcast towers, the Administrator

of the Federal Aviation Administration and the Federal Communications Commission shall take action necessary to coordinate

efficiently—

(1) the receipt and consideration of, and action on, the ap-
126

plication; and

(2) the completion of any associated aeronautical study.

(d) LIMITATION ON CONSTRUCTION OF LANDFILLS.—

(1) IN GENERAL.—No person shall construct or establish a

municipal solid waste landfill (as defined in section 258.2 of

title 40, Code of Federal Regulations, as in effect on the date

of the enactment of this subsection) that receives putrescible

waste (as defined in section 257.3–8 of such title) within 6

miles of a public airport that has received grants under chapter 471 and is primarily served by general aviation aircraft and

regularly scheduled flights of aircraft designed for 60 passengers or less unless the State aviation agency of the State

in which the airport is located requests that the Administrator

of the Federal Aviation Administration exempt the landfill

from the application of this subsection and the Administrator

determines that such exemption would have no adverse impact

on aviation safety.

(2) LIMITATION ON APPLICABILITY.—Paragraph (1) shall not

apply in the State of Alaska and shall not apply to the construction, establishment, expansion, or modification of, or to

any other activity undertaken with respect to, a municipal

solid waste landfill if the construction or establishment of the

landfill was commenced on or before the date of the enactment

of this subsection.

§ 44719. Standards for navigational aids

The Secretary of Transportation shall prescribe regulations on

standards for installing navigational aids, including airport control

towers. For each type of facility, the regulations shall consider at

a minimum traffic density (number of aircraft operations without

consideration of aircraft size), terrain and other obstacles to navigation, weather characteristics, passengers served, and potential

aircraft operating efficiencies.

§ 44720. Meteorological services

(a) RECOMMENDATIONS.—The Administrator of the Federal

Aviation Administration shall make recommendations to the Secretary of Commerce on providing meteorological services necessary

for the safe and efficient movement of aircraft in air commerce. In

providing the services, the Secretary shall cooperate with the Administrator and give complete consideration to those recommendations.

(b) PROMOTING SAFETY AND EFFICIENCY.—To promote safety

and efficiency in air navigation to the highest possible degree, the

Secretary shall—

(1) observe, measure, investigate, and study atmospheric

phenomena, and maintain meteorological stations and offices, that are necessary or best suited for finding out in advance in- formation about probable weather conditions;

(2) provide reports to the Administrator to persons engaged in civil aeronautics that are designated by the Adminis- trator and to other persons designated by the Secretary in a

way and with a frequency that best will result in safety in, and

facilitating, air navigation;

(3) cooperate with persons engaged in air commerce in me- teorological services, maintain reciprocal arrangements with

those persons in carrying out this clause, and collect and dis- tribute weather reports available from aircraft in flight;

(4) maintain and coordinate international exchanges of me- teorological information required for the safety and efficiency

of air navigation;

(5) in cooperation with other departments, agencies, and

instrumentalities of the United States Government, meteorological services of foreign countries, and persons engaged in air

commerce, participate in developing an international basic me- teorological reporting network, including the establishment, operation, and maintenance of reporting stations on the high

seas, in polar regions, and in foreign countries;

(6) coordinate meteorological requirements in the United

States to maintain standard observations, to promote efficient

use of facilities, and to avoid duplication of services unless the

duplication tends to promote the safety and efficiency of air

navigation; and

(7) promote and develop meteorological science and foster

and support research projects in meteorology through the use

of private and governmental research facilities and provide for

publishing the results of the projects unless publication would

not be in the public interest.

§ 44721. Aeronautical charts and related products and services

(a) PUBLICATION.—

(1) IN GENERAL.—The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical maps and charts necessary for the safe and efficient

movement of aircraft in air navigation, using the facilities and

assistance of departments, agencies, and instrumentalities of

the United States Government as far as practicable.

(2) NAVIGATION ROUTES.—In carrying out paragraph (1),

the Administrator shall update and arrange for the publication

of clearly defined routes for navigating through a complex terminal airspace area and to and from an airport located in such

an area, if the Administrator decides that publication of the

routes would promote safety in air navigation. The routes shall

be developed in consultation with pilots and other users of affected airports and shall be for the optional use of pilots operating under visual flight rules. (b) INDEMNIFICATION.—The Government shall make an agree- ment to indemnify any person that publishes a map or chart for

use in aeronautics from any part of a claim arising out of the depic- tion by the person on the map or chart of a defective or deficient
127

flight procedure or airway if the flight procedure or airway was—

(1) prescribed by the Administrator;

(2) depicted accurately on the map or chart; and

(3) not obviously defective or deficient.

(c) AUTHORITY OF OFFICE OF AERONAUTICAL CHARTING AND

CARTOGRAPHY.—Effective October 1, 2000, the Administrator is

vested with and shall exercise the functions, powers, and duties of

the Secretary of Commerce and other officers of the Department of

Commerce that relate to the Office of Aeronautical Charting and

Cartography to provide aeronautical charts and related products

and services for the safe and efficient navigation of air commerce,

under the following authorities:

(1) Sections 1 through 9 of the Act entitled ‘‘An Act to de- fine the functions and duties of the Coast and Geodetic Survey, and for other purposes’’, approved August 6, 1947, (33 U.S.C. 883a–883h).

(2) Section 6082 of the Consolidated Omnibus Budget

Reconciliation Act of 1985 (33 U.S.C. 883j).

(d) AUTHORITY.—In order that full public benefit may be derived from the dissemination of data resulting from activities under

this section and of related data from other sources, the Administrator may—

(1) develop, process, disseminate and publish digital and

analog data, information, compilations, and reports;

(2) compile, print, and disseminate aeronautical charts and

related products and services of the United States and its territories and possessions;

(3) compile, print, and disseminate aeronautical charts and

related products and services covering international airspace

as are required primarily by United States civil aviation; and

(4) compile, print, and disseminate nonaeronautical navi- gational, transportation or public-safety-related products and

services when in the best interests of the Government.

(e) CONTRACTS, COOPERATIVE AGREEMENTS, GRANTS, AND

OTHER AGREEMENTS.—

(1) CONTRACTS.—The Administrator is authorized to contract with qualified organizations for the performance of any

part of the authorized functions of the Office of Aeronautical

Charting and Cartography when the Administrator deems such

procedure to be in the public interest and will not compromise

public safety.

(2) COOPERATIVE AGREEMENTS, GRANTS, AND OTHER AGREEMENTS.—The Administrator is authorized to enter into cooperative agreements, grants, reimbursable agreements, memoranda

of understanding and other agreements, with a State, subdivision of a State, Federal agency, public or private organization,

or individual, to carry out the purposes of this section.

(f) SPECIAL SERVICES AND PRODUCTS.—

(1) IN GENERAL.—The Administrator is authorized, at the

request of a State, subdivision of a State, Federal agency, public or private organization, or individual, to conduct special

services, including making special studies, or developing special publications or products on matters relating to navigation,

transportation, or public safety.

(2) FEES.—The Administrator shall assess a fee for any

special service provided under paragraph (1). A fee shall be not

more than the actual or estimated full cost of the service. A fee

may be reduced or waived for research organizations, edu- cational organizations, or non-profit organizations, when the

Administrator determines that reduction or waiver of the fee

is in the best interest of the Government by furthering public

safety.

(g) SALE AND DISSEMINATION OF AERONAUTICAL PRODUCTS.—

(1) IN GENERAL.—Aeronautical products created or main- tained under the authority of this section shall be sold at

prices established annually by the Administrator consistent

with the following:

(A) MAXIMUM PRICE.—Subject to subparagraph (B), the

price of an aeronautical product sold to the public shall be

not more than necessary to recover all costs attributable

to: (i) data base management and processing; (ii) compilation; (iii) printing or other types of reproduction; and (iv)

dissemination of the product.

(B) ADJUSTMENT OF PRICE.—The Administrator shall

adjust the price of an aeronautical product and service sold

to the public as necessary to avoid any adverse impact on

aviation safety attributable to the price specified under

this paragraph.

(C) COSTS ATTRIBUTABLE TO ACQUISITION OF AERONAUTICAL DATA.—A price established under this paragraph

may not include costs attributable to the acquisition of

aeronautical data.

(D) CONTINUATION OF PRICES.—The price of any product created under subsection (d) may correspond to the

price of a comparable product produced by a department of

the United States Government as that price was in effect

on September 30, 2000, and may remain in effect until

modified by regulation under section 9701 of title 31,

United States Code.

(2) PUBLICATION OF PRICES.—The Administrator shall publish annually the prices at which aeronautical products are

sold to the public.

(3) DISTRIBUTION.—The Administrator may distribute

aeronautical products and provide aeronautical services—

(A) without charge to each foreign government or

international organization with which the Administrator

or a Federal department or agency has an agreement for

exchange of these products or services without cost;

(B) at prices the Administrator establishes, to the departments and officers of the United States requiring them
128

for official use; and

(C) at reduced or no charge where, in the judgment of

the Administrator, furnishing the aeronautical product or

service to a recipient is a reasonable exchange for voluntary contribution of information by the recipient to the

activities under this section. (4) FEES.—The fees provided for in this subsection are for

the purpose of reimbursing the Government for the costs of

creating, printing and disseminating aeronautical products and

services under this section. The collection of fees authorized by

this section does not alter or expand any duty or liability of the

Government under existing law for the performance of func- tions for which fees are collected, nor does the collection of fees

constitute an express or implied undertaking by the Govern- ment to perform any activity in a certain manner.

(5) CREDITING AMOUNTS RECEIVED.—Notwithstanding any

other provision of law, amounts received for the sale of products created and services performed under this section shall be

fully credited to the account of the Federal Aviation Administration that funded the provision of the products or services

and shall remain available until expended.

§ 44722. Aircraft operations in winter conditions

The Administrator of the Federal Aviation Administration

shall prescribe regulations requiring procedures to improve safety

of aircraft operations during winter conditions. In deciding on the

procedures to be required, the Administrator shall consider at least

aircraft and air traffic control modifications, the availability of different types of deicing fluids (considering their efficacy and environmental limitations), the types of deicing equipment available, and the feasibility and desirability of establishing timeframes within which deicing must occur under certain types of inclement

weather.

§ 44723. Annual report

Not later than January 1 of each year, the Secretary of Transportation shall submit to Congress a comprehensive report on the

safety enforcement activities of the Federal Aviation Administration during the fiscal year ending the prior September 30th. The

report shall include—

(1) a comparison of end-of-year staffing levels by operations, maintenance, and avionics inspector categories to staffing goals and a statement on how staffing standards were applied to make allocations between air carrier and general aviation operations, maintenance, and avionics inspectors;

(2) schedules showing the range of inspector experience by

various inspector work force categories, and the number of inspectors in each of the categories who are considered fully

qualified;

(3) schedules showing the number and percentage of inspectors who have received mandatory training by individual

course, and the number of inspectors by work force categories,

who have received all mandatory training;

(4) a description of the criteria used to set annual work

programs, an explanation of how these criteria differ from criteria used in the prior fiscal year and how the annual work

programs ensure compliance with appropriate regulations and

safe operating practices;

(5) a comparison of actual inspections performed during

the fiscal year to the annual work programs by field location

and, for any field location completing less than 80 percent of

its planned number of inspections, an explanation of why annual work program plans were not met;

(6) a statement of the adequacy of Administration internal

management controls available to ensure that field managers

comply with Administration policies and procedures, including

those on inspector priorities, district office coordination, min- imum inspection standards, and inspection followup;

(7) the status of efforts made by the Administration to up- date inspector guidance documents and regulations to include

technological, management, and structural changes taking

place in the aviation industry, including a listing of the backlog

of all proposed regulatory amendments;

(8) a list of the specific operational measures of effective- ness used to evaluate—

(A) the progress in meeting program objectives;

(B) the quality of program delivery; and

(C) the nature of emerging safety problems;

(9) a schedule showing the number of civil penalty cases

closed during the 2 prior fiscal years, including the total initial

and final penalties imposed, the total number of dollars collected, the range of dollar amounts collected, the average case

processing time, and the range of case processing time;

(10) a schedule showing the number of enforcement actions

taken (except civil penalties) during the 2 prior fiscal years, including the total number of violations cited, and the number of

cited violation cases closed by certificate suspensions, certificate revocations, warnings, and no action taken; and

(11) schedules showing the safety record of the aviation industry during the fiscal year for air carriers and general aviation, including—

(A) the number of inspections performed when deficiencies were identified compared with inspections when

no deficiencies were found;

(B) the frequency of safety deficiencies for each air carrier; and

(C) an analysis based on data of the general status of

air carrier and general aviation compliance with aviation

regulations.
129

§ 44724. Manipulation of flight controls

(a) PROHIBITION.—No pilot in command of an aircraft may

allow an individual who does not hold—

(1) a valid private pilots certificate issued by the Adminis- trator of the Federal Aviation Administration under part 61 of

title 14, Code of Federal Regulations; and

(2) the appropriate medical certificate issued by the Administrator under part 67 of such title,

to manipulate the controls of an aircraft if the pilot knows or

should have known that the individual is attempting to set a record

or engage in an aeronautical competition or aeronautical feat, as

defined by the Administrator.

(b) REVOCATION OF AIRMEN CERTIFICATES.—The Administrator

shall issue an order revoking a certificate issued to an airman

under section 44703 of this title if the Administrator finds that

while acting as a pilot in command of an aircraft, the airman has

permitted another individual to manipulate the controls of the aircraft in violation of subsection (a).

(c) PILOT IN COMMAND DEFINED.—In this section, the term

‘‘pilot in command’’ has the meaning given such term by section 1.1

of title 14, Code of Federal Regulations.

§ 44725. Life-limited aircraft parts

(a) IN GENERAL.—The Administrator of the Federal Aviation

Administration shall conduct a rulemaking proceeding to require

the safe disposition of life-limited parts removed from an aircraft.

The rulemaking proceeding shall ensure that the disposition deter

installation on an aircraft of a life-limited part that has reached or

exceeded its life limits.

(b) SAFE DISPOSITION.—For the purposes of this section, safe

disposition includes any of the following methods:

(1) The part may be segregated under circumstances that

preclude its installation on an aircraft.

(2) The part may be permanently marked to indicate its

used life status.

(3) The part may be destroyed in any manner calculated

to prevent reinstallation in an aircraft.

(4) The part may be marked, if practicable, to include the

recordation of hours, cycles, or other airworthiness information. If the parts are marked with cycles or hours of usage, that information must be updated every time the part is removed from service or when the part is retired from service.

(5) Any other method approved by the Administrator.

(c) DEADLINES.—In conducting the rulemaking proceeding

under subsection (a), the Administrator shall—

(1) not later than 180 days after the date of the enactment

of this section, issue a notice of proposed rulemaking; and

(2) not later than 180 days after the close of the comment

period on the proposed rule, issue a final rule.

(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No rule issued

under subsection (a) shall require the marking of parts removed

from aircraft before the effective date of the rules issued under subsection (a), nor shall any such rule forbid the installation of an otherwise airworthy life-limited part.

§ 44726. Denial and revocation of certificate for counterfeit

parts violations

(a) DENIAL OF CERTIFICATE.—

(1) IN GENERAL.—Except as provided in paragraph (2) of

this subsection and subsection (e)(2), the Administrator of the

Federal Aviation Administration may not issue a certificate

under this chapter to any person—

(A) convicted in a court of law of a violation of a law

of the United States relating to the installation, produc- tion, repair, or sale of a counterfeit or fraudulently-represented aviation part or material;

(B) whose certificate is revoked under subsection (b);

or

(C) subject to a controlling or ownership interest of an

individual described in subparagraph (A) or (B). (2) EXCEPTION.—Notwithstanding paragraph (1), the Administrator may issue a certificate under this chapter to a person described in paragraph (1) if issuance of the certificate will

facilitate law enforcement efforts.

(b) REVOCATION OF CERTIFICATE.—

(1) IN GENERAL.—Except as provided in subsections (f) and

(g), the Administrator shall issue an order revoking a certificate issued under this chapter if the Administrator finds that

the holder of the certificate or an individual who has a controlling or ownership interest in the holder—

(A) was convicted in a court of law of a violation of a

law of the United States relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material; or

(B) knowingly, and with the intent to defraud, carried

out or facilitated an activity punishable under a law described in paragraph (1)(A).

(2) NO AUTHORITY TO REVIEW VIOLATION.—In carrying out

paragraph (1), the Administrator may not review whether a

person violated a law described in paragraph (1)(A).

(c) NOTICE REQUIREMENT.—Before the Administrator revokes a

certificate under subsection (b), the Administrator shall—

(1) advise the holder of the certificate of the reason for the

revocation; and

(2) provide the holder of the certificate an opportunity to

be heard on why the certificate should not be revoked.

(d) APPEAL.—The provisions of section 44710(d) apply to the

appeal of a revocation order under subsection (b). For the purpose
130

of applying that section to the appeal, ‘‘person’’ shall be substituted

for ‘‘individual’’ each place it appears.

(e) ACQUITTAL OR REVERSAL.—

(1) IN GENERAL.—The Administrator may not revoke, and

the National Transportation Safety Board may not affirm a

revocation of, a certificate under subsection (b)(1)(B) if the

holder of the certificate or the individual referred to in subsection (b)(1) is acquitted of all charges directly related to the

violation.

(2) REISSUANCE.—The Administrator may reissue a certificate revoked under subsection (b) of this section to the former

holder if—

(A) the former holder otherwise satisfies the requirements of this chapter for the certificate; and

(B)(i) the former holder or the individual referred to in

subsection (b)(1), is acquitted of all charges related to the

violation on which the revocation was based; or

(ii) the conviction of the former holder or such individual of the violation on which the revocation was based

is reversed.

(f) WAIVER.—The Administrator may waive revocation of a certificate under subsection (b) if—

(1) a law enforcement official of the United States Government requests a waiver; and

(2) the waiver will facilitate law enforcement efforts.

(g) AMENDMENT OF CERTIFICATE.—If the holder of a certificate

issued under this chapter is other than an individual and the Administrator finds that—

(1) an individual who had a controlling or ownership interest in the holder committed a violation of a law for the violation of which a certificate may be revoked under this section

or knowingly, and with intent to defraud, carried out or facilitated an activity punishable under such a law; and

(2) the holder satisfies the requirements for the certificate

without regard to that individual,

then the Administrator may amend the certificate to impose a limitation that the certificate will not be valid if that individual has a

controlling or ownership interest in the holder. A decision by the

Administrator under this subsection is not reviewable by the

Board.

§ 44727. Runway safety areas

(a) AIRPORTS IN ALASKA.—An airport owner or operator in the

State of Alaska shall not be required to reduce the length of a runway or declare the length of a runway to be less than the actual

pavement length in order to meet standards of the Federal Aviation Administration applicable to runway safety areas.

(b) STUDY.—

(1) IN GENERAL.—The Secretary shall conduct a study of

runways at airports in States other than Alaska to determine

which airports are affected by standards of the Federal Aviation Administration applicable to runway safety areas and to

assess how operations at those airports would be affected if the

owner or operator of the airport is required to reduce the

length of a runway or declare the length of a runway to be less

than the actual pavement length in order to meet such standards.

(2) REPORT.—Not later than 9 months after the date of enactment of this section, the Secretary shall transmit to the

Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the

results of the study.

§ 44728. Flight attendant certification

(a) CERTIFICATE REQUIRED.—

(1) IN GENERAL.—No person may serve as a flight attendant aboard an aircraft of an air carrier unless that person

holds a certificate of demonstrated proficiency from the Administrator of the Federal Aviation Administration. Upon the request of the Administrator or an authorized representative of

the National Transportation Safety Board or another Federal

agency, a person who holds such a certificate shall present the

certificate for inspection within a reasonable period of time

after the date of the request.

(2) SPECIAL RULE FOR CURRENT FLIGHT ATTENDANTS.—An

individual serving as a flight attendant on the effective date of

this section may continue to serve aboard an aircraft as a

flight attendant until completion by that individual of the required recurrent or requalification training and subsequent

certification under this section.

(3) TREATMENT OF FLIGHT ATTENDANT AFTER NOTIFICATION.—On the date that the Administrator is notified by an air

carrier that an individual has the demonstrated proficiency to

be a flight attendant, the individual shall be treated for purposes of this section as holding a certificate issued under the

section.

(b) ISSUANCE OF CERTIFICATE.—The Administrator shall issue

a certificate of demonstrated proficiency under this section to an individual after the Administrator is notified by the air carrier that

the individual has successfully completed all the training requirements for flight attendants approved by the Administrator.

(c) DESIGNATION OF PERSON TO DETERMINE SUCCESSFUL COMPLETION OF TRAINING.—In accordance with part 183 of chapter 14,

Code of Federal Regulation, the director of operations of an air carrier is designated to determine that an individual has successfully

completed the training requirements approved by the Adminis- trator for such individual to serve as a flight attendant.

(d) SPECIFICATIONS RELATING TO CERTIFICATES.—Each certificate issued under this section shall—
131

(1) be numbered and recorded by the Administrator;

(2) contain the name, address, and description of the individual to whom the certificate is issued;

(3) is similar in size and appearance to certificates issued

to airmen;

(4) contain the airplane group for which the certificate is

issued; and

(5) be issued not later than 120 days after the Administrator receives notification from the air carrier of demonstrated

proficiency and, in the case of an individual serving as flight

attendant on the effective date of this section, not later than

1 year after such effective date.

(e) APPROVAL OF TRAINING PROGRAMS.—Air carrier flight attendant training programs shall be subject to approval by the Administrator. All flight attendant training programs approved by the

Administrator in the 1-year period ending on the date of enactment

of this section shall be treated as providing a demonstrated proficiency for purposes of meeting the certification requirements of

this section.

(f) FLIGHT ATTENDANT DEFINED.—In this section, the term

‘‘flight attendant’’ means an individual working as a flight attendant in the cabin of an aircraft that has 20 or more seats and is

being used by an air carrier to provide air transportation.

CHAPTER 449—SECURITY

SUBCHAPTER I—REQUIREMENTS

Sec.

44901. Screening passengers and property.

44902. Refusal to transport passengers and property.

44903. Air transportation security.

44904. Domestic air transportation system security.

44905. Information about threats to civil aviation. 44906. Foreign air carrier security programs.

44907. Security standards at foreign airports.

44908. Travel advisory and suspension of foreign assistance.

44909. Passenger manifests.

44910. Agreements on aircraft sabotage, aircraft hijacking, and airport security.

44911. Intelligence. 44912. Research and development.

44913. Explosive detection.

44914. Airport construction guidelines.

44915. Exemptions.

44916. Assessments and evaluations.

44917. Deployment of Federal air marshals.

44918. Crew training.

44919. Security screening pilot program.

44920. Security screening opt-out program. 44921. Federal flight deck officer program.

44922. Deputation of State and local law enforcement officers. 44923. Airport security improvement projects.

44924. Repair station security.

44925. Deployment and use of detection equipment at airport screening

checkpoints.

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

[44931. Repealed. P.L. 107–71, sec. 101(f)(6), 115 Stat. 603.]

[44932. Repealed. P.L. 107–71, sec. 101(f)(6), 115 Stat. 603.]

44933. Federal Security Managers.

44934. Foreign Security Liaison Officers. 44935. Employment standards and training.

44936. Employment investigations and restrictions.

44937. Prohibition on transferring duties and powers.

44938. Reports.

44939. Training to operate certain aircraft.

44940. Security service fee. 44941. Immunity for reporting suspicious activities.

[44942. Performance goals and objectives.]*

[44943. Performance management system.]* 44944. Voluntary provision of emergency services.

44945. Disposition of unclaimed money.

SUBCHAPTER I—REQUIREMENTS

§ 44901. Screening passengers and property

(a) IN GENERAL.—The Under Secretary of Transportation for

Security shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked

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

aircraft operated by an air carrier or foreign air carrier in air

transportation or intrastate air transportation. In the case of

flights and flight segments originating in the United States, the

screening shall take place before boarding and shall be carried out

by a Federal Government employee (as defined in section 2105 of

title 5, United States Code), except as otherwise provided in section

44919 or 44920 and except for identifying passengers and baggage

for screening under the CAPPS and known shipper programs and

conducting positive bag-match programs.

(b) SUPERVISION OF SCREENING.—All screening of passengers

and property at airports in the United States where screening is

required under this section shall be supervised by uniformed Federal personnel of the Transportation Security Administration who

shall have the power to order the dismissal of any individual performing such screening.

(c) CHECKED BAGGAGE.—A system must be in operation to

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

soon as practicable but not later than the 60th day following the

date of enactment of the Aviation and Transportation Security Act

[enacted Nov. 19, 2001].

(d) EXPLOSIVE DETECTION SYSTEMS.— (1) IN GENERAL.—The Under Secretary of Transportation

for Security shall take all necessary action to ensure that—

(A) explosive detection systems are deployed as soon

as possible to ensure that all United States airports de- scribed in section 44903(c) have sufficient explosive detec- tion systems to screen all checked baggage no later than

December 31, 2002, and that as soon as such systems are

in place at an airport, all checked baggage at the airport
132

is screened by those systems; and

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

fully utilized; and

(C) if explosive detection equipment at an airport is

unavailable, all checked baggage is screened by an alter- native means.

(2) DEADLINE.—

(A) IN GENERAL.—If, in his discretion or at the request

of an airport, the Under Secretary of Transportation for

Security determines that the Transportation Security Administration is not able to deploy explosive detection systems required to be deployed under paragraph (1) at all

airports where explosive detection systems are required by

December 31, 2002, then with respect to each airport for

which the Under Secretary makes that determination—

(i) the Under Secretary shall submit to the Senate

Committee on Commerce, Science, and Transportation

and the House of Representatives Committee on

Transportation and Infrastructure a detailed plan

(which may be submitted in classified form) for the deployment of the number of explosive detection systems

at that airport necessary to meet the requirements of

paragraph (1) as soon as practicable at that airport

but in no event later than December 31, 2003; and

(ii) the Under Secretary shall take all necessary

action to ensure that alternative means of screening

all checked baggage is implemented until the requirements of paragraph (1) have been met.

(B) CRITERIA FOR DETERMINATION.—In making a determination under subparagraph (A), the Under Secretary

shall take into account— (i) the nature and extent of the required modifications to the airport’s terminal buildings, and the technical, engineering, design and construction issues;

(ii) the need to ensure that such installations and

modifications are effective; and

(iii) the feasibility and cost-effectiveness of deploying explosive detection systems in the baggage sorting

area or other non-public area rather than the lobby of

an airport terminal building.

(C) RESPONSE.—The Under Secretary shall respond to

the request of an airport under subparagraph (A) within

14 days of receiving the request. A denial of request shall

create no right of appeal or judicial review.

(D) AIRPORT EFFORT REQUIRED.—Each airport with respect to which the Under Secretary makes a determination

under subparagraph (A) shall—

(i) cooperate fully with the Transportation Security Administration with respect to screening checked

baggage and changes to accommodate explosive detection systems; and

(ii) make security projects a priority for the obligation or expenditure of funds made available under

chapter 417 or 471 until explosive detection systems

required to be deployed under paragraph (1) have been

deployed at that airport.

(3) REPORTS.—Until the Transportation Security Administration has met the requirements of paragraph (1), the Under

Secretary shall submit a classified report every 30 days after

the date of enactment of this Act to the Senate Committee on

Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure

describing the progress made toward meeting such requirements at each airport.

(e) MANDATORY SCREENING WHERE EDS NOT YET AVAILABLE.—As soon as practicable but not later than the 60th day following the date of enactment of the Aviation and Transportation

Security Act [enacted Nov. 19, 2001] and until the requirements of

subsection (b)(1)(A) are met, the Under Secretary shall require

alternative means for screening any piece of checked baggage

that is not screened by an explosive detection system. Such

alternative means may include 1 or more of the following:

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

baggage is placed aboard an aircraft unless the passenger who

checked the baggage is aboard the aircraft.

(2) Manual search.

(3) Search by canine explosive detection units in combination with other means.

(4) Other means or technology approved by the Under Sec- retary.

(f) CARGO DEADLINE.—A system must be in operation to

screen, inspect, or otherwise ensure the security of all cargo that

is to be transported in all-cargo aircraft in air transportation and

intrastate air transportation as soon as practicable after the date

of enactment of the Aviation and Transportation Security Act

[enacted Nov. 19, 2001].

(g) DEPLOYMENT OF ARMED PERSONNEL.—

(1) IN GENERAL.—The Under Secretary shall order the deployment of law enforcement personnel authorized to carry

firearms at each airport security screening location to ensure

passenger safety and national security.

(2) MINIMUM REQUIREMENTS.—Except at airports required

to enter into agreements under subsection (c), the Under Secretary shall order the deployment of at least 1 law enforcement

officer at each airport security screening location. At the 100

largest airports in the United States, in terms of annual passenger enplanements for the most recent calendar year for

which data are available, the Under Secretary shall order the

deployment of additional law enforcement personnel at airport

security screening locations if the Under Secretary determines
133

that the additional deployment is necessary to ensure passenger safety and national security. (h) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.— The Under Secretary—

(1) may exempt from this section air transportation oper- ations, except scheduled passenger operations of an air carrier

providing air transportation under a certificate issued under

section 41102 of this title or a permit issued under section

41302 of this title; and

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

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

the regulation, unless the Under Secretary decides an emer- gency exists requiring the regulation to become effective in

fewer than 30 days and notifies Congress of that decision.

§ 44902. Refusal to transport passengers and property

(a) MANDATORY REFUSAL.—The Under Secretary of Transportation for Security shall prescribe regulations requiring an air carrier, intrastate air carrier, or foreign air carrier to refuse to

transport—

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

section 44901(a) of this title establishing whether the pas- senger is carrying unlawfully a dangerous weapon, explosive, or other destructive substance; or

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

search of the property establishing whether the property unlawfully contains a dangerous weapon, explosive, or other destructive substance.

(b) PERMISSIVE REFUSAL.—Subject to regulations of the Under

Secretary, an air carrier, intrastate air carrier, or foreign air carrier may refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety.

(c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry

passengers or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be carried if consent to search the passenger or property for a purpose referred to in this section is not given.

§ 44903. Air transportation security

(a) DEFINITION.—In this section, ‘‘law enforcement personnel’’

means individuals—

(1) authorized to carry and use firearms;

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

Under Secretary of Transportation for Security considers necessary to carry out this section; and

(3) identifiable by appropriate indicia of authority.

(b) PROTECTION AGAINST VIOLENCE AND PIRACY.—The Under

Secretary shall prescribe regulations to protect passengers and

property on an aircraft operating in air transportation or intrastate

air transportation against an act of criminal violence or aircraft piracy. When prescribing a regulation under this subsection, the

Under Secretary shall— (1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States Government, and State

and local authorities;

(2) consider whether a proposed regulation is consistent

with—

(A) protecting passengers; and

(B) the public interest in promoting air transportation

and intrastate air transportation;

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

procedure for searching and detaining passengers and property

to ensure—

(A) their safety; and

(B) courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out

this section; and

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

carry out this section.

(c) SECURITY PROGRAMS.—(1) The Under Secretary shall prescribe regulations under subsection (b) of this section that require

each operator of an airport regularly serving an air carrier holding

a certificate issued by the Secretary of Transportation to establish

an air transportation security program that provides a law enforcement presence and capability at each of those airports that is adequate to ensure the safety of passengers. The regulations shall authorize the operator to use the services of qualified State, local, and

private law enforcement personnel. When the Under Secretary decides, after being notified by an operator in the form the Under

Secretary prescribes, that not enough qualified State, local, and

private law enforcement personnel are available to carry out subsection (b), the Under Secretary may authorize the operator to use,

on a reimbursable basis, personnel employed by the Under Secretary, or by another department, agency, or instrumentality of the

Government with the consent of the head of the department, agency, or instrumentality, to supplement State, local, and private law

enforcement personnel. When deciding whether additional personnel are needed, the Under Secretary shall consider the number

of passengers boarded at the airport, the extent of anticipated risk

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

carrier aircraft operations at the airport, and the availability of

qualified State or local law enforcement personnel at the airport.

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

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

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

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

of Federal Regulations) having access to a secured area of the airport, if the program or amendment incorporates—
134

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

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

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

security requirements imposed by the Under Secretary on the

airport operator under the access control system requirements

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

under other requirements of part 107 of title 14; and

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

and audit the tenant’s compliance with the security requirements and provides that the tenant will be required to pay

monetary penalties to the airport operator if the tenant fails to

carry out a security requirement under a contractual provision

or requirement imposed by the airport operator.

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

described in subparagraph (A) of this paragraph, the airport oper- ator may not be found to be in violation of a requirement of this

subsection or subsection (b) of this section when the airport oper- ator 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 pro- gram for securing compliance with its security program by the ten- ant.

(C) MAXIMUM USE OF CHEMICAL AND BIOLOGICAL

WEAPON DETECTION EQUIPMENT.—The Secretary of Transportation may require airports to maximize the use of

technology and equipment that is designed to detect or

neutralize potential chemical or biological weapons.

(3) PILOT PROGRAMS.—The Administrator shall establish

pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology for providing access control

and other security protections for closed or secure areas of the

airports. Such technology may include biometric or other technology that ensures only authorized access to secure areas.

(d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE

ARRESTS.—With the approval of the Attorney General and the Secretary of State, the Secretary of Transportation may authorize an

individual who carries out air transportation security duties—

(1) to carry firearms; and

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

the United States committed in the presence of the individual

or for a felony under the laws of the United States, if the indi- vidual reasonably believes the individual to be arrested has

committed or is committing a felony.

(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The

Under Secretary has the exclusive responsibility to direct law enforcement activity related to the safety of passengers on an aircraft

involved in an offense under section 46502 of this title from the

moment all external doors of the aircraft are closed following

boarding until those doors are opened to allow passengers to leave

the aircraft. When requested by the Under Secretary, other departments, agencies, and instrumentalities of the Government shall

provide assistance necessary to carry out this subsection.

(f) GOVERNMENT AND INDUSTRY CONSORTIA.—The Under Secretary may establish at airports such consortia of government and

aviation industry representatives as the Under Secretary may designate to provide advice on matters related to aviation security and

safety. Such consortia shall not be considered Federal advisory

committees for purposes of the Federal Advisory Committee Act (5

U.S.C. App.).

(g) IMPROVEMENT OF SECURED-AREA ACCESS CONTROL.—

(1) ENFORCEMENT.—

(A) UNDER SECRETARY TO PUBLISH SANCTIONS.—The

Under Secretary shall publish in the Federal Register a

list of sanctions for use as guidelines in the discipline of

employees for infractions of airport access control requirements. The guidelines shall incorporate a progressive disciplinary approach that relates proposed sanctions to the

severity or recurring nature of the infraction and shall include measures such as remedial training, suspension from

security-related duties, suspension from all duties without

pay, and termination of employment.

(B) USE OF SANCTIONS.—Each airport operator, air

carrier, and security screening company shall include the

list of sanctions published by the Under Secretary in its

security program. The security program shall include a

process for taking prompt disciplinary action against an

employee who commits an infraction of airport access con- trol requirements.

(2) IMPROVEMENTS.—The Under Secretary shall—

(A) work with airport operators and air carriers to im- plement and strengthen existing controls to eliminate air- port 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 de- velop and implement programs that foster and reward

compliance with airport access control requirements and

discourage and penalize noncompliance in accordance with

guidelines issued by the Under Secretary to measure employee compliance;

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

with access control requirements, report annually findings

of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and

take any other appropriate enforcement actions when noncompliance is found;
135

(E) improve and better administer the Under Secretary’s security database to ensure its efficiency, reli- ability, and usefulness for identification of systemic problems and allocation of resources;

(F) improve the execution of the Under Secretary’s

quality control program; and

(G) work with airport operators to strengthen access

control points in secured areas (including air traffic control

operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery

areas) to ensure the security of passengers and aircraft

and consider the deployment of biometric or similar technologies that identify individuals based on unique personal

characteristics.

(h) IMPROVED AIRPORT PERIMETER ACCESS SECURITY.—

(1) IN GENERAL.—The Under Secretary, in consultation

with the airport operator and law enforcement authorities,

may order the deployment of such personnel at any secure area

of the airport as necessary to counter the risk of criminal violence, the risk of aircraft piracy at the airport, the risk to air

carrier aircraft operations at the airport, or to meet national

security concerns.

(2) SECURITY OF AIRCRAFT AND GROUND ACCESS TO SECURE

AREAS.—In determining where to deploy such personnel, the

Under Secretary shall consider the physical security needs of

air traffic control facilities, parked aircraft, aircraft servicing

equipment, aircraft supplies (including fuel), automobile park- ing facilities within airport perimeters or adjacent to secured

facilities, and access and transition areas at airports served by

other means of ground or water transportation.

(3) DEPLOYMENT OF FEDERAL LAW ENFORCEMENT PERSONNEL.—The Secretary may enter into a memorandum of un- derstanding or other agreement with the Attorney General or

the head of any other appropriate Federal law enforcement

agency to deploy Federal law enforcement personnel at an air- port in order to meet aviation safety and security concerns.

(4) AIRPORT PERIMETER SCREENING.—The Under Secretary—

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

of enactment of this subsection, screening or inspection of

all individuals, goods, property, vehicles, and other equipment before entry into a secured area of an airport in the

United States described in section 44903(c);

(B) shall prescribe specific requirements for such

screening and inspection that will assure at least the same

level of protection as will result from screening of passengers and their baggage;

(C) shall establish procedures to ensure the safety and

integrity of—

(i) all persons providing services with respect to

aircraft providing passenger air transportation or

intrastate air transportation and facilities of such persons at an airport in the United States described in

section 44903(c);

(ii) all supplies, including catering and passenger

amenities, placed aboard such aircraft, including the

sealing of supplies to ensure easy visual detection of

tampering; and

(iii) all persons providing such supplies and facilities of such persons;

(D) shall require vendors having direct access to the

airfield and aircraft to develop security programs; and

(E) shall issue, not later than March 31, 2005, guidance

for the use of biometric or other technology that positively

verifies the identity of each employee and law

enforcement officer who enters a secure area of an

airport.

(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS CONTROL

SYSTEMS.—In issuing guidance under paragraph (4)(E), the

Assistant Secretary of Homeland Security (Transportation Security

Administration) in consultation with representatives of the aviation

industry, the biometric identifier industry, and the National Institute

of Standards and Technology, shall establish, at a minimum—

(A) comprehensive technical and operational system

requirements and performance standards for the use of

biometric identifier technology in airport access control systems

(including airport perimeter access control systems) to ensure

that the biometric identifier systems are effective, reliable, and

secure;

(B) a list of products and vendors that meet the

requirements and standards set forth in subparagraph (A);

(C) procedures for implementing biometric identifier

systems—

(i) to ensure that individuals do not use an assumed

identity to enroll in a biometric identifier system; and

(ii) to resolve failures to enroll, false matches, and false

non-matches; and

(D) best practices for incorporating biometric identifier

technology into airport access control systems in the most

effective manner, including a process to best utilize existing

airport access control systems, facilities, and equipment

and existing data networks connecting airports.

(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW ENFORCEMENT

OFFICER TRAVEL.—

(A) IN GENERAL.—Not later than 120 days after the date of

enactment of this paragraph, the Assistant Secretary, in

consultation with the Attorney General, shall—

(i) establish a law enforcement officer travel

credential that incorporates biometric identifier

technology and is uniform across all Federal, State, local,

tribal, and territorial government law enforcement agencies;
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(ii) establish a process by which the travel credential

will be used to verify the identity of a Federal, State, local,

tribal, or territorial law enforcement officer seeking to carry a

weapon on board an aircraft, without unnecessarily

disclosing to the public that the individual is a law

enforcement officer;

(iii) establish procedures— Procedures.

(I) to ensure that only Federal, State, local, tribal,

and territorial government law enforcement officers are

issued a law enforcement travel credential;

(II) to resolve failures to enroll, false matches, and

false non-matches relating to use of the law

enforcement travel credential; and

(III) to invalidate any law enforcement travel

credential that is lost, stolen, or no longer authorized for

use;

(iv) begin issuance of the travel credential to each

Federal, State, local, tribal, or territorial government law

enforcement officer authorized by the Assistant Secretary to

carry a weapon on board an aircraft; and

(v) take such other actions with respect to the travel

credential as the Assistant Secretary considers appropriate.

(B) FUNDING.—There is authorized to be appropriated

such sums as may be necessary to carry out this

paragraph.

(7) DEFINITIONS.—In this subsection, the following definitions

apply:

(A) BIOMETRIC IDENTIFIER INFORMATION.—The term

"biometric identifier information" means the distinct physical or

behavioral characteristics of an individual that are used for

unique identification, or verification of the identity, of an

individual.

(B) BIOMETRIC IDENTIFIER.—The term "biometric identifier"

means a technology that enables the automated identification,

or verification of the identity, of an individual based on biometric

information.

(C) FAILURE TO ENROLL.—The term "failure to enroll" means

the inability of an individual to enroll in a biometric identifier

system due to an insufficiently distinctive biometric sample, the

lack of a body part necessary to provide the biometric sample, a

system design that makes it difficult to provide consistent

biometric identifier information, or other factors.

(D) FALSE MATCH.—The term "false match" means the

incorrect matching of one individual’s biometric identifier

information to another individual’s biometric identifier

information by a biometric identifier system.

(E) FALSE NON-MATCH.—The term "false non-match" means

the rejection of a valid identity by a biometric identifier system.

(F) SECURE AREA OF AN AIRPORT.—The term "secure area

of an airport" means the sterile area and the Secure

Identification Display Area of an airport (as such terms are

defined in section 1540.5 of title 49, Code of Federal

Regulations, or any successor regulation to such section).

(i) AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THANLETHAL WEAPONS.—

(1) IN GENERAL.—If the Under Secretary, after receiving

the recommendations of the National Institute of Justice, determines, with the approval of the Attorney General and the

Secretary of State, that it is appropriate and necessary and

would effectively serve the public interest in avoiding air piracy, the Under Secretary may authorize members of the flight

deck crew on any aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon

while the aircraft is engaged in providing such transportation.

(2) USAGE.—If the Under Secretary grants authority under

paragraph (1) for flight deck crew members to carry a lessthan-lethal weapon while engaged in providing air transportation or intrastate air transportation, the Under Secretary

shall—

(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and

(B) prescribe guidelines setting forth the cir- cumstances under which such weapons may be used.

(3) REQUEST OF AIR CARRIERS TO USE LESS-THAN-LETHAL

WEAPONS.—If, after the date of enactment of this paragraph,

the Under Secretary receives a request from an air carrier for

authorization to allow pilots of the air carrier to carry lessthan-lethal weapons, the Under Secretary shall respond to that

request within 90 days.

(j) SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING

SECURITY TECHNOLOGIES AND PROCEDURES.—

(1) IN GENERAL.—The Under Secretary of Transportation

for Security shall recommend to airport operators, within 6

months after the date of enactment of the Aviation and Transportation Security Act [enacted Nov. 19, 2001], commercially

available measures or procedures to prevent access to secure

airport areas by unauthorized persons. As part of the 6-

month assessment, the Under Secretary for Transportation

Security shall—

(A) review the effectiveness of biometrics systems cur- rently in use at several United States airports, including

San Francisco International;

(B) review the effectiveness of increased surveillance

at access points;

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

access systems;

(D) review the effectiveness of airport emergency exit

systems and determine whether those that lead to secure

areas of the airport should be monitored or how breaches

can be swiftly responded to; and
137

(E) specifically target the elimination of the ‘‘piggybacking’’ phenomenon, where another person follows an

authorized person through the access point.

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

strategy for currently available technology at all category X

airports, as defined in the Federal Aviation Administration approved air carrier security programs required under part 108

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

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

of Transportation shall conduct a review of reductions in unauthorized access at these airports.

(2) COMPUTER-ASSISTED PASSENGER PRESCREENING SYSTEM.—

(A) IN GENERAL.—The Secretary of Transportation

shall ensure that the Computer-Assisted Passenger

Prescreening System, or any successor system—

(i) is used to evaluate all passengers before they

board an aircraft; and

(ii) includes procedures to ensure that individuals

selected by the system and their carry-on and checked

baggage are adequately screened.

(B) MODIFICATIONS.—The Secretary of Transportation

may modify any requirement under the Computer-Assisted

Passenger Prescreening System for flights that originate

and terminate within the same State, if the Secretary determines that—

(i) the State has extraordinary air transportation

needs or concerns due to its isolation and dependence

on air transportation; and

(ii) the routine characteristics of passengers, given

the nature of the market, regularly triggers primary

selectee status.

(C) ADVANCED AIRLINE PASSENGER PRESCREENING.--

(i) Commencement of testing.--Not later than January

1, 2005, the Assistant Secretary of Homeland Security

(Transportation Security Administration), or the designee

of the Assistant Secretary, shall commence testing of an

advanced passenger prescreening system that will allow

the Department of Homeland Security to assume the

performance of comparing passenger information, as

defined by the Assistant Secretary, to the automatic

selectee and no fly lists, utilizing all appropriate records in

the consolidated and integrated terrorist watchlist

maintained by the Federal Government.

(ii) Assumption of function.--Not later than 180 days

after completion of testing under clause (i), the Assistant

Secretary, or the designee of the Assistant Secretary, shall

begin to assume the performance of the passenger

prescreening function of comparing passenger information

to the automatic selectee and no fly lists and utilize all

appropriate records in the consolidated and integrated

terrorist watchlist maintained by the Federal Government

in performing that function.

(iii) Requirements.--In assuming performance of the

function under clause (ii), the Assistant Secretary shall--

(I) establish a procedure to enable airline

passengers, who are delayed or prohibited from

boarding a flight because the advanced passenger

prescreening system determined that they might pose

a security threat, to appeal such determination and

correct information contained in the system;

(II) ensure that Federal Government databases

that will be used to establish the identity of a

passenger under the system will not produce a large

number of false positives;

(III) establish an internal oversight board to

oversee and monitor the manner in which the system

is being implemented;

(IV) establish sufficient operational safeguards to

reduce the opportunities for abuse;

(V) implement substantial security measures to

protect the system from unauthorized access;

(VI) adopt policies establishing effective oversight

of the use and operation of the system; and

(VII) ensure that there are no specific privacy

concerns with the technological architecture of the

system.

(iv) Passenger information.--Not later than 180 days

after the completion of the testing of the advanced

passenger prescreening system, the Assistant Secretary, by order or interim final rule--

(I) shall require air carriers to supply to the

Assistant Secretary the passenger information needed

to begin implementing the advanced passenger

prescreening system; and

(II) shall require entities that provide systems and

services to air carriers in the operation of air carrier

reservations systems to provide to air carriers

passenger information in possession of such entities,

but only to the extent necessary to comply with

subclause (I).

(D) SCREENING OF EMPLOYEES AGAINST WATCHLIST.--The

Assistant Secretary of Homeland Security (Transportation

Security Administration), in coordination with the Secretary of

Transportation and the Administrator of the Federal Aviation

Administration, shall ensure that individuals are screened

against all appropriate records in the consolidated and

integrated terrorist watchlist maintained by the Federal

Government before--

(i) being certificated by the Federal Aviation
138

Administration;

(ii) being granted unescorted access to the secure

area of an airport; or

(iii) being granted unescorted access to the air

operations area (as defined in section 1540.5 of title 49,

Code of Federal Regulations, or any successor regulation

to such section) of an airport.

(E) AIRCRAFT CHARTER CUSTOMER AND LESSEE

PRESCREENING.--

(i) In general.--Not later than 90 days after the date on

which the Assistant Secretary assumes the performance of

the advanced passenger prescreening function under

subparagraph (C)(ii), the Assistant Secretary shall

establish a process by which operators of aircraft to be

used in charter air transportation with a maximum takeoff

weight greater than 12,500 pounds and lessors of aircraft

with a maximum takeoff weight greater than 12,500

pounds may--

(I) request the Department of Homeland Security

to use the advanced passenger prescreening system

to compare information about any individual seeking to

charter an aircraft with a maximum takeoff weight

greater than 12,500 pounds, any passenger proposed

to be transported aboard such aircraft, and any

individual seeking to lease an aircraft with a maximum

takeoff weight greater than 12,500 pounds to the

automatic selectee and no fly lists, utilizing all

appropriate records in the consolidated and integrated

terrorist watchlist maintained by the Federal

Government; and

(II) refuse to charter or lease an aircraft with a

maximum takeoff weight greater than 12,500 pounds

to or transport aboard such aircraft any persons

identified on such watch list.

(ii) Requirements.--The requirements of subparagraph

(C)(iii) shall apply to this subparagraph.

(iii) No fly and automatic selectee lists.--The Secretary

of Homeland Security, in consultation with the Terrorist

Screening Center, shall design and review, as necessary,

guidelines, policies, and operating procedures for the

collection, removal, and updating of data maintained, or to

be maintained, in the no fly and automatic selectee lists.

(F) APPLICABILITY.--Section 607 of the Vision 100--Century

of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117

Stat. 2568) shall not apply to the advanced passenger

prescreening system established under subparagraph (C).

(G) APPEAL PROCEDURES.--

(i) In general.--The Assistant Secretary shall establish

a timely and fair process for individuals identified as a

threat under one or more of subparagraphs (C), (D), and

(E) to appeal to the Transportation Security Administration

the determination and correct any erroneous information.

(ii) Records.--The process shall include the

establishment of a method by which the Assistant

Secretary will be able to maintain a record of air

passengers and other individuals who have been

misidentified and have corrected erroneous information. To

prevent repeated delays of misidentified passengers and

other individuals, the Transportation Security

Administration record shall contain information determined

by the Assistant Secretary to authenticate the identity of

such a passenger or individual.

(H) DEFINITION.--In this paragraph, the term "secure area of

an airport" means the sterile area and the Secure Identification

Display Area of an airport (as such terms are defined in section

1540.5 of title 49, Code of Federal Regulations, or any

successor regulation to such section).

(k) LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL

VIOLENCE OR AIRCRAFT PIRACY.—An individual shall not be liable

for damages in any action brought in a Federal or State court arising out of the acts of the individual in attempting to thwart an act

of criminal violence or piracy on an aircraft if that individual reasonably believed that such an act of criminal violence or piracy was

occurring or was about to occur.

(l) AIR CHARTER PROGRAM.—

(1) IN GENERAL.—The Under Secretary for Border and

Transportation Security of the Department of Homeland Security shall implement an aviation security program for charter

air carriers (as defined in section 40102(a)) with a maximum

certificated takeoff weight of more than 12,500 pounds.

(2) EXEMPTION FOR ARMED FORCES CHARTERS.—

(A) IN GENERAL.—Paragraph (1) and the other require- ments of this chapter do not apply to passengers and property carried by aircraft when employed to provide charter

transportation to members of the armed forces.

(B) SECURITY PROCEDURES.—The Secretary of Defense,

in consultation with the Secretary of Homeland Security

and the Secretary of Transportation, shall establish security procedures relating to the operation of aircraft when

employed to provide charter transportation to members of

the armed forces to or from an airport described in section

44903(c).

(C) ARMED FORCES DEFINED.—In this paragraph, the

term ‘‘armed forces’’ has the meaning given that term by

section 101(a)(4) of title 10.

§ 44904. Domestic air transportation system security

(a) ASSESSING THREATS.—The Under Secretary of Transpor- tation for Security and the Director of the Federal Bureau of Investigation jointly shall assess current and potential threats to the do-
139

mestic air transportation system. The assessment shall include

consideration of the extent to which there are individuals with the

capability and intent to carry out terrorist or related unlawful acts

against that system and the ways in which those individuals might

carry out those acts. The Under Secretary and the Director jointly

shall decide on and carry out the most effective method for continuous analysis and monitoring of security threats to that system. (b) ASSESSING SECURITY. In coordination with the Director, the

Under Secretary shall carry out periodic threat and vulnerability

assessments on security at each airport that is part of the domestic

air transportation system. Each assessment shall include

consideration of-- (1) the adequacy of security procedures related to the

handling and transportation of checked baggage and cargo;

(2) space requirements for security personnel and

equipment;

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

(4) separation of the controlled and uncontrolled areas of

airport facilities; and

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

Transportation Security Administration, the United States

Customs Service, the Immigration and Naturalization Service, and air carriers, and of other law enforcement personnel. (c) MODAL SECURITY PLAN FOR AVIATION.--In addition to the

requirements set forth in subparagraphs (B) through (F) of section

114(t)(3), the modal security plan for aviation prepared under section

114(t) shall-- (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) OPERATIONAL CRITERIA.--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) shall issue operational

criteria to protect airport infrastructure and operations against the

threats identified in the plans prepared under section 114(t)(1) and shall

approve best practices guidelines for airport assets.

(e) IMPROVING SECURITY.—The Under Secretary shall take necessary actions to improve domestic air transportation security by

correcting any deficiencies in that security discovered in the assessments, analyses, and monitoring carried out under this section.

§ 44905. Information about threats to civil aviation

(a) PROVIDING INFORMATION.—Under guidelines the Secretary

of Transportation prescribes, an air carrier, airport operator, ticket

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

ticket agent, receiving information (except a communication directed by the United States Government) about a threat to civil

aviation shall provide the information promptly to the Secretary.

(b) FLIGHT CANCELLATION.—If a decision is made that a particular threat cannot be addressed in a way adequate to ensure, to

the extent feasible, the safety of passengers and crew of a particular flight or series of flights, the Under Secretary of Transportation for Security shall cancel the flight or series of flights.

(c) GUIDELINES ON PUBLIC NOTICE.—(1) The President shall develop guidelines for ensuring that public notice is provided in appropriate cases about threats to civil aviation. The guidelines shall

identify officials responsible for—

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

threat is in the best interest of the United States and the traveling public;

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

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

and

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

under subsection (b) of this section.

(2) The guidelines shall provide for consideration of—

(A) the specificity of the threat;

(B) the credibility of intelligence information related to the

threat;

(C) the ability to counter the threat effectively;

(D) the protection of intelligence information sources and

methods;

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

of a flight or series of flights instead of public notice;

(F) the ability of passengers and crew to take steps to reduce the risk to their safety after receiving public notice of a

threat; and

(G) other factors the Under Secretary considers appropriate.

(d) GUIDELINES ON NOTICE TO CREWS.—The Under Secretary
140

shall develop guidelines for ensuring that notice in appropriate

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

to the flight crew and cabin crew of that flight.

(e) LIMITATION ON NOTICE TO SELECTIVE TRAVELERS.—Notice

of a threat to civil aviation may be provided to selective potential

travelers only if the threat applies only to those travelers.

(f) RESTRICTING ACCESS TO INFORMATION.—In cooperation with

the departments, agencies, and instrumentalities of the Government that collect, receive, and analyze intelligence information related to aviation security, the Under Secretary shall develop procedures to minimize the number of individuals who have access to information about threats. However, a restriction on access to that

information may be imposed only if the restriction does not diminish the ability of the Government to carry out its duties and powers

related to aviation security effectively, including providing notice to

the public and flight and cabin crews under this section.

(g) DISTRIBUTION OF GUIDELINES.—The guidelines developed

under this section shall be distributed for use by appropriate officials of the Department of Transportation, the Department of

State, the Department of Justice, and air carriers.

§ 44906. Foreign air carrier security programs

The Under Secretary of Transportation for Security shall con- tinue in effect the requirement of section 129.25 of title 14, Code

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

use a security program approved by the Under Secretary. The

Under Secretary shall not approve a security program of a foreign

air carrier under section 129.25, or any successor regulation, unless

the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the

identical security measures that the Under Secretary requires air

carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Under

Secretary to impose additional security measures on a foreign air

carrier or an air carrier when the Under Secretary determines that

a specific threat warrants such additional measures. The Under

Secretary shall prescribe regulations to carry out this section.

§ 44907. Security standards at foreign airports

(a) ASSESSMENT.—(1) At intervals the Secretary of Transportation considers necessary, the Secretary shall assess the effectiveness of the security measures maintained at—

(A) a foreign airport—

(i) served by an air carrier;

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

States; or

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

international air travel; and

(B) other foreign airports the Secretary considers appro- priate.

(2) The Secretary of Transportation shall conduct an assess- ment 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 effec- tively maintains and carries out security measures; and

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

the security measures at the airport based at least on the

standards and appropriate recommended practices contained in

Annex 17 to the Convention on International Civil Aviation in

effect on the date of the assessment.

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

this title shall contain a summary of the assessments conducted

under this subsection.

(b) CONSULTATION.—In carrying out subsection (a) of this section, the Secretary of Transportation shall consult with the Secretary of State—

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

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

facto control of the government of the foreign country in which

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

international air travel.

(c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of

Transportation, after conducting an assessment under subsection

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

carry out effective security measures, the Secretary of Transportation, after advising the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the

decision and recommend the steps necessary to bring the security

measures in use at the airport up to the standard used by the Secretary of Transportation in making the assessment.

(d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING

OUT EFFECTIVE SECURITY MEASURES.—(1) When the Secretary of

Transportation decides under this section that an airport does not

maintain and carry out effective security measures—

(A) the Secretary of Transportation shall—

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

Register;

(ii) have the identity of the airport posted and displayed prominently at all United States airports at which

scheduled air carrier operations are provided regularly;

and

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

(B) each air carrier and foreign air carrier providing transportation between the United States and the airport shall provide written notice of the decision, on or with the ticket, to

each passenger buying a ticket for transportation between the

United States and the airport;
141

(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 Sec- retary used in making an assessment under subsection (a) of

this section; or

(ii) immediately on the decision of the Secretary of Trans- portation 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 Transpor- tation, in consultation with the Secretary of State, decides that effective security measures are maintained and carried out at the

airport. The Secretary of Transportation shall notify Congress

when the action is no longer required to be taken.

(e) SUSPENSIONS.—Notwithstanding sections 40105(b) and

40106(b) of this title, the Secretary of Transportation, with the approval of the Secretary of State and without notice or a hearing,

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

provide foreign air transportation, and the right of a person to op- erate aircraft in foreign air commerce, to or from a foreign airport

when the Secretary of Transportation decides that—

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

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

(2) the public interest requires an immediate suspension of

transportation between the United States and that airport. (f) CONDITION OF CARRIER AUTHORITY.—This section is a condi- tion to authority the Secretary of Transportation grants under this

part to an air carrier or foreign air carrier.

§ 44908. Travel advisory and suspension of foreign assist- ance

(a) TRAVEL ADVISORIES.—On being notified by the Secretary of

Transportation that the Secretary of Transportation has decided

under section 44907(d)(2)(A)(ii) of this title that a condition exists

that threatens the safety or security of passengers, aircraft, or crew

traveling to or from a foreign airport that the Secretary of Trans- portation has decided under section 44907 of this title does not

maintain and carry out effective security measures, the Secretary

of State—

(1) immediately shall issue a travel advisory for that air- port; and

(2) shall publicize the advisory widely.

(b) SUSPENDING ASSISTANCE.—The President shall suspend assistance provided under the Foreign Assistance Act of 1961 (22

U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C.

2751 et seq.) to a country in which is located an airport with re- spect to which section 44907(d)(1) of this title becomes effective if

the Secretary of State decides the country is a high terrorist threat

country. The President may waive this subsection if the President

decides, and reports to Congress, that the waiver is required because of national security interests or a humanitarian emergency.

(c) ACTIONS NO LONGER REQUIRED.—An action required under

this section is no longer required only if the Secretary of Transportation has made a decision as provided under section 44907(d)(4)

of this title. The Secretary shall notify Congress when the action

is no longer required to be taken.

§ 44909. Passenger manifests

(a) AIR CARRIER REQUIREMENTS.—(1) Not later than March 16,

1991, the Secretary of Transportation shall require each air carrier

to provide a passenger manifest for a flight to an appropriate rep- resentative of the Secretary of State—

(A) not later than one hour after that carrier is notified of

an aviation disaster outside the United States involving that

flight; or

(B) if it is not technologically feasible or reasonable to comply with clause (A) of this paragraph, then as expeditiously as

possible, but not later than 3 hours after the carrier is so notified.

(2) The passenger manifest should include the following information:

(A) the full name of each passenger.
142

(B) the passport number of each passenger, if required for

travel.

(C) the name and telephone number of a contact for each

passenger.

(3) In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air

carriers to collect passenger manifest information as a condition for

passengers boarding a flight of the carrier.

(b) FOREIGN AIR CARRIER REQUIREMENTS.—The Secretary of

Transportation shall consider imposing a requirement on foreign

air carriers comparable to that imposed on air carriers under subsection (a)(1) and (2) of this section.

(c) FLIGHTS IN FOREIGN AIR TRANSPORTATION TO THE UNITED

STATES.—

(1) IN GENERAL.—Not later than 60 days after the date of

enactment of the Aviation and Transportation Security Act

[enacted Nov. 19, 2001], each air carrier and foreign air carrier

operating a passenger flight in foreign air transportation to

the United States shall provide to the Commissioner of

Customs by electronic transmission a passenger and crew

manifest containing the information specified in paragraph (2).

Carriers may use the advanced passenger information system

established under section 431 of the Tariff Act of 1930 (19

U.S.C. 1431) to provide the information required by the

preceding sentence.

(2) INFORMATION.—A passenger and crew manifest for a

flight required under paragraph (1) shall contain the following

information:

(A) The full name of each passenger and crew

member.

(B) The date of birth and citizenship of each passenger

and crew member.

(C) The sex of each passenger and crew member.

(D) The passport number and country of issuance of

each passenger and crew member if required for travel.

(E) The United States visa number or resident alien

card number of each passenger and crew member, as applicable.

(F) Such other information as the Under Secretary, in

consultation with the Commissioner of Customs, deter- mines is reasonably necessary to ensure aviation safety.

(3) PASSENGER NAME RECORDS.—The carriers shall make

passenger name record information available to the Customs

Service upon request.

(4) TRANSMISSION OF MANIFEST.—Subject to paragraphs (5)

and (6), a passenger and crew manifest required for a flight

under paragraph (1) shall be transmitted to the Customs

Service in advance of the aircraft landing in the United

States in such manner, time, and form as the Customs Service

prescribes.

(5) TRANSMISSION OF MANIFESTS TO OTHER FEDERAL

AGENCIES.—Upon request, information provided to the Under

Secretary or the Customs Service under this subsection may

be shared with other Federal agencies for the purpose of

protecting national security.

(6) PRESCREENING INTERNATIONAL PASSENGERS.--

(A) In general.--Not later than 60 days after date of

enactment of this paragraph [enacted Dec. 17, 2004], the

Secretary of Homeland Security, or the designee of the

Secretary, shall issue a notice of proposed rulemaking that will

allow the Department of Homeland Security to compare

passenger information for any international flight to or from the

United States against the consolidated and integrated terrorist

watchlist maintained by the Federal Government before

departure of the flight.

(B) Appeal procedures.--

(i) In general.--The Secretary of Homeland Security

shall establish a timely and fair process for individuals

identified as a threat under subparagraph (A) to appeal to

the Department of Homeland Security the determination

and correct any erroneous information.

(ii) Records.--The process shall include the

establishment of a method by which the Secretary will be

able to maintain a record of air passengers and other

individuals who have been misidentified and have corrected

erroneous information. To prevent repeated delays of

misidentified passengers and other individuals, the

Department of Homeland Security record shall contain

information determined by the Secretary to authenticate the

identity of such a passenger or individual.''.

§ 44910. Agreements on aircraft sabotage, aircraft hijacking,

and airport security

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.

§ 44911. Intelligence

(a) DEFINITION.—In this section, ‘‘intelligence community’’

means the intelligence and intelligence-related activities of the following units of the United States Government:

(1) the Department of State.

(2) the Department of Defense.

(3) the Department of the Treasury.

(4) the Department of Energy.

(5) the Departments of the Army, Navy, and Air Force.
143

(6) the Central Intelligence Agency.

(7) the National Security Agency.

(8) the Defense Intelligence Agency.

(9) the Federal Bureau of Investigation.

(10) the Drug Enforcement Administration.

(b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The

head of each unit in the intelligence community shall prescribe

policies and procedures to ensure that intelligence reports about

terrorism are made available, as appropriate, to the heads of other

units in the intelligence community, the Secretary of Transportation, and the Under Secretary of Transportation for Security.

(c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads

of the units in the intelligence community shall place greater emphasis on strategic intelligence efforts by establishing a unit for

strategic planning on terrorism.

(d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request of

the Secretary, the Director of Central Intelligence shall designate

at least one intelligence officer of the Central Intelligence Agency

to serve in a senior position in the Office of the Secretary.

(e) WRITTEN WORKING AGREEMENTS.—The heads of units in

the intelligence community, the Secretary, and the Under Secretary shall review and, as appropriate, revise written working

agreements between the intelligence community and the Under

Secretary.

§ 44912. Research and development

(a) PROGRAM REQUIREMENT.—(1) The Under Secretary of

Transportation for Security shall establish and carry out a program

to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist

acts against civil aviation. The program shall provide for developing and having in place, not later than November 16, 1993, new

equipment and procedures necessary to meet the technological

challenges presented by terrorism. The program shall include research on, and development of, technological improvements and

ways to enhance human performance.

(2) In designing and carrying out the program established

under this subsection, the Under Secretary shall— (A) consult and coordinate activities with other departments, agencies, and instrumentalities of the United States

Government doing similar research;

(B) identify departments, agencies, and instrumentalities

that would benefit from that research; and

(C) seek cost-sharing agreements with those departments,

agencies, and instrumentalities.

(3) In carrying out the program established under this subsection, the Under Secretary shall review and consider the annual

reports the Secretary of Transportation submits to Congress on

transportation security and intelligence.

(4)(A) In carrying out the program established under this subsection, the Administrator shall designate an individual to be responsible for engineering, research, and development with respect

to security technology under the program.

(B) The individual designated under subparagraph (A) shall

use appropriate systems engineering and risk management models

in making decisions regarding the allocation of funds for engineering, research, and development with respect to security technology

under the program.

(C) The individual designated under subparagraph (A) shall, on an annual basis, submit to the Research, Engineering and Development Advisory Committee a report on activities under this

paragraph during the preceding year. Each report shall include, for

the year covered by such report, information on—

(i) progress made in engineering, research, and development with respect to security technology;

(ii) the allocation of funds for engineering, research, and

development with respect to security technology; and

(iii) engineering, research, and development with respect

to any technologies drawn from other agencies, including the

rationale for engineering, research, and development with respect to such technologies.

(5) The Under Secretary may—

(A) make grants to institutions of higher learning and

other appropriate research facilities with demonstrated ability

to carry out research described in paragraph (1) of this subsection, and fix the amounts and terms of the grants; and

(B) make cooperative agreements with governmental authorities the Under Secretary decides are appropriate.

(b) REVIEW OF THREATS.—(1) The Under Secretary shall periodically review threats to civil aviation, with particular focus on—

(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology

roadmaps) of the civil aviation system, including—

(i) the destruction, commandeering, or diversion of

civil aircraft or the use of civil aircraft as a weapon; and

(ii) the disruption of civil aviation service, including by

cyber attack;

(B) explosive material that presents the most significant

threat to civil aircraft;

(C) the minimum amounts, configurations, and types of explosive material that can cause, or would reasonably be expected to cause, catastrophic damage to aircraft in air transportation;

(D) the amounts, configurations, and types of explosive

material that can be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies;

(E) the potential release of chemical, biological, or

similar weapons or devices either within an aircraft or

within an airport;
144

(F) the feasibility of using various ways to minimize dam- age caused by explosive material that cannot be detected reli- ably 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 at- tempt to destroy or otherwise threaten commercial aircraft and

the way in which those technologies can be countered effec- tively. (2) The Under Secretary shall use the results of the review

under this subsection to develop the focus and priorities of the pro- gram established under subsection (a) of this section.

(c) SCIENTIFIC ADVISORY PANEL.—(1) The Administrator shall

establish a scientific advisory panel, as a subcommittee of the Research, Engineering, and Development Advisory Committee, to review, comment on, advise the progress of, and recommend modifications in, the program established under subsection (a) of this

section, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft, commercial aviation facilities, commercial aviation personnel and passengers, and other components of the commercial aviation system

by the next generation of terrorist weapons.

(2)(A) The advisory panel shall consist of individuals who have

scientific and technical expertise in—

(i) the development and testing of effective explosive detection systems;

(ii) aircraft structure and experimentation to decide on the

type and minimum weights of explosives that an effective explosive detection technology must be capable of detecting;

(iii) technologies involved in minimizing airframe damage

to aircraft from explosives; and

(iv) other scientific and technical areas the Administrator

considers appropriate.

(B) In appointing individuals to the advisory panel, the Admin- istrator should consider individuals from academia and the national laboratories, as appropriate.

(3) The Administrator shall organize the advisory panel into

teams capable of undertaking the review of policies and technologies upon request.

(4) Not later than 90 days after the date of the enactment of

the Aviation and Transportation Security Act [enacted Nov. 19,

2001], and every two years thereafter, the Administrator shall

review the composition of the advisory panel in order to ensure

that the expertise of the individuals on the panel is suited to the

current and anticipated duties of the panel.

§ 44913. Explosive detection

(a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.—(1) A deployment or purchase of explosive detection equipment under section

108.7(b)(8) or 108.20 of title 14, Code of Federal Regulations, or

similar regulation is required only if the Under Secretary of Trans- portation for Security certifies that the equipment alone, or as part

of an integrated system, can detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive

material that would likely be used to cause catastrophic damage to

commercial aircraft. The Under Secretary shall base the certification on the results of tests conducted under protocols developed

in consultation with expert scientists outside of the Transportation

Security Administration. Those tests shall be completed not later

than April 16, 1992.

(2) Before completion of the tests described in paragraph (1) of

this subsection, but not later than April 16, 1992, the Under Secretary may require deployment of explosive detection equipment

described in paragraph (1) if the Under Secretary decides that deployment will enhance aviation security significantly. In making

that decision, the Under Secretary shall consider factors such as

the ability of the equipment alone, or as part of an integrated system, to detect under realistic air carrier operating conditions the

amounts, configurations, and types of explosive material that

would likely be used to cause catastrophic damage to commercial

aircraft. The Under Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of a deployment decision made under this paragraph.

(3) Until such time as the Under Secretary determines that

equipment certified under paragraph (1) is commercially available

and has successfully completed operational testing as provided in

paragraph (1), the Under Secretary shall facilitate the deployment

of such approved commercially available explosive detection devices

as the Under Secretary determines will enhance aviation security

significantly. The Under Secretary shall require that equipment deployed under this paragraph be replaced by equipment certified

under paragraph (1) when equipment certified under paragraph (1)

becomes commercially available. The Under Secretary is authorized, based on operational considerations at individual airports, to

waive the required installation of commercially available equipment under paragraph (1) in the interests of aviation security. The

Under Secretary may permit the requirements of this paragraph to

be met at airports by the deployment of dogs or other appropriate

animals to supplement equipment for screening passengers, baggage, mail, or cargo for explosives or weapons.

(4) This subsection does not prohibit the Under Secretary from

purchasing or deploying explosive detection equipment described in

paragraph (1) of this subsection.

(b) GRANTS.—The Secretary of Transportation may provide

grants to continue the Explosive Detection K-9 Team Training Pro- gram to detect explosives at airports and on aircraft.
145

§ 44914. Airport construction guidelines

In consultation with air carriers, airport authorities, and others the Under Secretary of Transportation for Security considers

appropriate, the Under Secretary shall develop guidelines for air- port design and construction to allow for maximum security enhancement. In developing the guidelines, the Under Secretary shall

consider the results of the assessment carried out under section

44904(a) of this title.

§ 44915. Exemptions

The Under Secretary of Transportation for Security may exempt from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and

44936 of this title airports in Alaska served only by air carriers

that—

(1) hold certificates issued under section 41102 of this title;

(2) operate aircraft with certificates for a maximum gross

takeoff weight of less than 12,500 pounds; and

(3) board passengers, or load property intended to be carried in an aircraft cabin, that will be screened under section

44901 of this title at another airport in Alaska before the passengers board, or the property is loaded on, an aircraft for a

place outside Alaska.

§ 44916. Assessments and evaluations

(a) PERIODIC ASSESSMENTS.—The Under Secretary of Transportation for Security shall require each air carrier and airport (including the airport owner or operator in cooperation with the air

carriers and vendors serving each airport) that provides for intrastate, interstate, or foreign air transportation to conduct periodic

vulnerability assessments of the security systems of that air carrier

or airport, respectively. The Transportation Security Administration shall perform periodic audits of such assessments.

(b) INVESTIGATIONS.—The Under Secretary shall conduct periodic and unannounced inspections of security systems of airports

and air carriers to determine the effectiveness and vulnerabilities

of such systems. To the extent allowable by law, the Under Secretary may provide for anonymous tests of those security systems.

§ 44917. Deployment of Federal air marshals

(a) IN GENERAL.—The Under Secretary of Transportation for

Security under the authority provided by section 44903(d)—

(1) may provide for deployment of Federal air marshals on

every passenger flight of air carriers in air transportation or

intrastate air transportation;

(2) shall provide for deployment of Federal air marshals on

every such flight determined by the Secretary to present high

security risks;

(3) shall provide for appropriate training, supervision, and

equipment of Federal air marshals;

(4) shall require air carriers providing flights described in

paragraph (1) to provide seating for a Federal air marshal on

any such flight without regard to the availability of seats on

the flight and at no cost to the United States Government or

the marshal;

(5) may require air carriers to provide, on a space-available basis, to an off-duty Federal air marshal a seat on a flight

to the airport nearest the marshal’s home at no cost to the

marshal or the United States Government if the marshal is

traveling to that airport after completing his or her security

duties;

(6) may enter into agreements with Federal, State, and

local agencies under which appropriately-trained law enforcement personnel from such agencies, when traveling on a flight

of an air carrier, will carry a firearm and be prepared to assist

Federal air marshals;

(7) shall establish procedures to ensure that Federal air

marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft; and

(8) may appoint—

(A) an individual who is a retired law enforcement of- ficer;

(B) an individual who is a retired member of the

Armed Forces; and

(C) an individual who has been furloughed from an air

carrier crew position in the 1-year period beginning on

September 11, 2001,

as a Federal air marshal, regardless of age, if the individual

otherwise meets the background and fitness qualifications required for Federal air marshals.

(b) LONG DISTANCE FLIGHTS.—In making the determination

under subsection (a)(2), nonstop, long distance flights, such as

those targeted on September 11, 2001, should be a priority.

(c) INTERIM MEASURES.—Until the Under Secretary completes

implementation of subsection (a), the Under Secretary may use,

after consultation with and concurrence of the heads of other Federal agencies and departments, personnel from those agencies and

departments, on a nonreimbursable basis, to provide air marshal

service.

(d) Training for Foreign Law Enforcement Personnel.--

(1) IN GENERAL.--The Assistant Secretary for Immigration and

Customs Enforcement of the Department of Homeland Security,

after consultation with the Secretary of State, may direct the Federal

Air Marshal Service to provide appropriate air marshal training to

law enforcement personnel of foreign countries.

(2) WATCHLIST SCREENING.--The Federal Air Marshal Service

may only provide appropriate air marshal training to law

enforcement personnel of foreign countries after comparing the

identifying information and records of law enforcement personnel of
146

foreign countries against all appropriate records in the consolidated

and integrated terrorist watchlists maintained by the Federal

Government.

(3) FEES.--The Assistant Secretary shall establish reasonable

fees and charges to pay expenses incurred in carrying out this

subsection. Funds collected under this subsection shall be credited

to the account in the Treasury from which the expenses were

incurred and shall be available to the Assistant Secretary for

purposes for which amounts in such account are available.

§ 44918. Crew training

(a) BASIC SECURITY TRAINING.—

(1) IN GENERAL.—Each air carrier providing scheduled passenger air transportation shall carry out a training program

for flight and cabin crew members to prepare the crew mem- bers for potential threat conditions.

(2) PROGRAM ELEMENTS.—An air carrier training program

under this subsection shall include, at a minimum, elements

that address each of the following:

(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

Under Secretary for Border and Transportation Security of

the Department of Homeland Security).

(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 proce- dures and maneuvers.

(I) The proper conduct of a cabin search, including ex- plosive device recognition.

(J) Any other subject matter considered appropriate by

the Under Secretary.

(3) APPROVAL.—An air carrier training program under this

subsection shall be subject to approval by the Under Secretary.

(4) MINIMUM STANDARDS.—Not later than one year after

the date of enactment of the Vision 100—Century of Aviation

Reauthorization Act [enacted Dec. 12, 2003], the Under

Secretary may establish minimum standards for the training

provided under this sub- section and for recurrent training.

(5) EXISTING PROGRAMS.—Notwithstanding paragraphs (3)

and (4), any training program of an air carrier to prepare flight

and cabin crew members for potential threat conditions that

was approved by the Administrator or the Under Secretary be- fore the date of enactment of the Vision 100—Century of Avia- tion Reauthorization Act [enacted Dec. 12, 2003] may

continue in effect until disapproved or ordered modified by

the Under Secretary.

(6) MONITORING.—The Under Secretary, in consultation

with the Administrator, shall monitor air carrier training programs under this subsection and periodically shall review an

air carrier’s training program to ensure that the program is

adequately preparing crew members for potential threat conditions. In determining when an air carrier’s training program

should be reviewed under this paragraph, the Under Secretary

shall consider complaints from crew members. The Under Secretary shall ensure that employees responsible for monitoring

the training programs have the necessary resources and knowledge.

(7) UPDATES.—The Under Secretary, in consultation with

the Administrator, shall order air carriers to modify training

programs under this subsection to reflect new or different security threats.

(b) ADVANCED SELF-DEFENSE TRAINING.—

(1) IN GENERAL.—Not later than one year after the date of

enactment of the Vision 100—Century of Aviation Reauthorization Act [enacted Dec. 12, 2003], the Under Secretary shall

develop and provide a voluntary training program for flight and

cabin crew members of air carriers providing scheduled

passenger air transportation. (2) PROGRAM ELEMENTS.—The training program under this

subsection shall include both classroom and effective hands-on

training in the following elements of self-defense:

(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 selfdefense.

(F) Appropriate and effective responses to defend oneself, including the use of force against an attacker.

(G) Any other element of training that the Under Secretary considers appropriate.

(3) PARTICIPATION NOT REQUIRED.—A crew member shall

not be required to participate in the training program under

this subsection.

(4) COMPENSATION.—Neither the Federal Government nor

an air carrier shall be required to compensate a crew member

for participating in the training program under this subsection.

(5) FEES.—A crew member shall not be required to pay a
147

fee for the training program under this subsection.

(6) CONSULTATION.—In developing the training program

under this subsection, the Under Secretary shall consult with

law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, representatives of air carriers, the director of self-defense training in the

Federal Air Marshals Service, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs.

(7) DESIGNATION OF TSA OFFICIAL.—The Under Secretary

shall designate an official in the Transportation Security Administration to be responsible for implementing the training

program under this subsection. The official shall consult with

air carriers and labor organizations representing crew members before implementing the program to ensure that it is appropriate for situations that may arise on board an aircraft

during a flight.

(c) LIMITATION.—Actions by crew members under this section

shall be subject to the provisions of section 44903(k).

§ 44919. Security screening pilot program

(a) ESTABLISHMENT OF PROGRAM.—The Under Secretary shall

establish a pilot program under which, upon approval of an application submitted by an operator of an airport, the screening of passengers and property at the airport under section 44901 will be

carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary.

(b) PERIOD OF PILOT PROGRAM.—The pilot program under this

section shall begin on the last day of the 1-year period beginning

on the date of enactment of this section [enacted Nov. 19, 2001]

and end on the last day of the 3-year period beginning on such

date of enactment.

(c) APPLICATIONS.—An operator of an airport may submit to

the Under Secretary an application to participate in the pilot program under this section.

(d) SELECTION OF AIRPORTS.—From among applications submitted under subsection (c), the Under Secretary may select for

participation in the pilot program not more than 1 airport from

each of the 5 airport security risk categories, as defined by the

Under Secretary.

(e) SUPERVISION OF SCREENED PERSONNEL.—The Under Secretary shall provide Federal Government supervisors to oversee all

screening at each airport participating in the pilot program under

this section and provide Federal Government law enforcement offi- cers at the airport pursuant to this chapter. (f) QUALIFIED PRIVATE SCREENING COMPANY.—A private

screening company is qualified to provide screening services at an

airport participating in the pilot program under this section if the

company will only employ individuals to provide such services who

meet all the requirements of this chapter applicable to Federal

Government personnel who perform screening services at airports

under this chapter and will provide compensation and other bene- fits to such individuals that are not less than the level of com- pensation and other benefits provided to such Federal Government

personnel in accordance with this chapter.

(g) STANDARDS FOR PRIVATE SCREENING COMPANIES.—The

Under Secretary may enter into a contract with a private screening

company to provide screening at an airport participating in the

pilot program under this section only if the Under Secretary determines and certifies to Congress that the private screening company

is owned and controlled by a citizen of the United States, to the

extent that the Under Secretary determines that there are private

screening companies owned and controlled by such citizens.

(h) TERMINATION OF CONTRACTS.—The Under Secretary may

terminate any contract entered into with a private screening company to provide screening services at an airport under the pilot

program if the Under Secretary finds that the company has failed

repeatedly to comply with any standard, regulation, directive, order, law, or contract applicable to the hiring or training of personnel to provide such services or to the provision of screening at

the airport.

(i) ELECTION.—If a contract is in effect with respect to screening at an airport under the pilot program on the last day of the

3-year period beginning on the date of enactment of this section

[enacted Nov. 19, 2001], the operator of the airport may elect to

continue to have such screening carried out by the screening

personnel of a qualified pri- vate screening company under a

contract entered into with the Under Secretary under section

44920 or by Federal Government personnel in accordance with

this chapter.

§ 44920. Security screening opt-out program

(a) IN GENERAL.—On or after the last day of the 2-year period

beginning on the date on which the Under Secretary transmits to

Congress the certification required by section 110(c) of the Aviation

and Transportation Security Act, an operator of an airport may

submit to the Under Secretary an application to have the screening

of passengers and property at the airport under section 44901 to

be carried out by the screening personnel of a qualified private

screening company under a contract entered into with the Under

Secretary.

(b) APPROVAL OF APPLICATIONS.—The Under Secretary may approve any application submitted under subsection (a).

(c) QUALIFIED PRIVATE SCREENING COMPANY.—A private

screening company is qualified to provide screening services at an

airport under this section if the company will only employ individuals to provide such services who meet all the requirements of this

chapter applicable to Federal Government personnel who perform

screening services at airports under this chapter and will provide
148

compensation and other benefits to such individuals that are not

less than the level of compensation and other benefits provided to

such Federal Government personnel in accordance with this chapter.

(d) STANDARDS FOR PRIVATE SCREENING COMPANIES.—The

Under Secretary may enter into a contract with a private screening

company to provide screening at an airport under this section only

if the Under Secretary determines and certifies to Congress that—

(1) the level of screening services and protection provided

at the airport under the contract will be equal to or greater

than the level that would be provided at the airport by Federal

Government personnel under this chapter; and

(2) the private screening company is owned and controlled

by a citizen of the United States, to the extent that the Under

Secretary determines that there are private screening companies owned and controlled by such citizens.

(e) SUPERVISION OF SCREENED PERSONNEL.—The Under Secretary shall provide Federal Government supervisors to oversee all

screening at each airport at which screening services are provided

under this section and provide Federal Government law enforcement officers at the airport pursuant to this chapter.

(f) TERMINATION OF CONTRACTS.—The Under Secretary may

terminate any contract entered into with a private screening company to provide screening services at an airport under this section

if the Under Secretary finds that the company has failed repeatedly

to comply with any standard, regulation, directive, order, law, or

contract applicable to the hiring or training of personnel to provide

such services or to the provision of screening at the airport.

(g) OPERATOR OF AIRPORT.—Notwithstanding any other provision of

law, an operator of an airport 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) such airport operator's decision to submit an application to

the Secretary of Homeland Security under subsection (a) or section

44919 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 AntiTerrorism 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.

§ 44921. Federal flight deck officer program

(a) ESTABLISHMENT.—The Under Secretary of Transportation

for Security shall establish a program to deputize volunteer pilots

of air carriers providing air transportation or intrastate air transportation as Federal law enforcement officers to defend the flight

decks of aircraft of such air carriers against acts of criminal violence or air piracy. Such officers shall be known as ‘‘Federal flight

deck officers’’.

(b) PROCEDURAL REQUIREMENTS.—

(1) IN GENERAL.—Not later than 3 months after the date

of enactment of this section [enacted Nov. 25, 2002], the Under

Secretary shall estab- lish procedural requirements to carry

out the program under this section.

(2) COMMENCEMENT OF PROGRAM.—Beginning 3 months

after the date of enactment of this section [enacted Nov. 25,

2002], the Under Secretary shall begin the process of training

and deputizing pilots who are qualified to be Federal flight

deck officers as Federal flight deck officers under the program.

(3) ISSUES TO BE ADDRESSED.—The procedural requirements established under paragraph (1) shall address the following issues:

(A) The type of firearm to be used by a Federal flight

deck officer.

(B) The type of ammunition to be used by a Federal

flight deck officer.

(C) The standards and training needed to qualify and

requalify as a Federal flight deck officer. (D) The placement of the firearm of a Federal flight

deck officer on board the aircraft to ensure both its secu- rity 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 acci- dental 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 Fed- eral 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
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program, including whether an additional background

check should be required beyond that required by section

44936(a)(1).

(J) Storage and transportation of firearms between

flights, including international flights, to ensure the security of the firearms, focusing particularly on whether such

security would be enhanced by requiring storage of the

firearm at the airport when the pilot leaves the airport to

remain overnight away from the pilot’s base airport.

(K) Methods for ensuring that security personnel will

be able to identify whether a pilot is authorized to carry

a firearm under the program.

(L) Methods for ensuring that pilots (including Federal

flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to

carry a firearm aboard the aircraft.

(M) Any other issues that the Under Secretary considers necessary.

(N) The Under Secretary’s decisions regarding the

methods for implementing each of the foregoing procedural

requirements shall be subject to review only for abuse of

discretion.

(4) PREFERENCE.—In selecting pilots to participate in the

program, the Under Secretary shall give preference to pilots

who are former military or law enforcement personnel.

(5) CLASSIFIED INFORMATION.—Notwithstanding section

552 of title 5 but subject to section 40119 of this title, information developed under paragraph (3)(E) shall not be disclosed.

(6) NOTICE TO CONGRESS.—The Under Secretary shall provide notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate after

completing the analysis required by paragraph (3)(E).

(7) MINIMIZATION OF RISK.—If the Under Secretary determines as a result of the analysis under paragraph (3)(E) that

there is a significant risk of the catastrophic failure of an aircraft as a result of the discharge of a firearm, the Under Secretary shall take such actions as may be necessary to minimize

that risk.

(c) TRAINING, SUPERVISION, AND EQUIPMENT.—

(1) IN GENERAL.—The Under Secretary shall only be obli- gated to provide the training, supervision, and equipment nec- essary for a pilot to be a Federal flight deck officer under this

section at no expense to the pilot or the air carrier employing

the pilot. (2) TRAINING.—

(A) IN GENERAL.—The Under Secretary shall base the

requirements for the training of Federal flight deck officers

under subsection (b) on the training standards applicable

to Federal air marshals; except that the Under Secretary

shall take into account the differing roles and responsibil- ities of Federal flight deck officers and Federal air mar- shals.

(B) ELEMENTS.—The training of a Federal flight deck

officer shall include, at a minimum, the following elements:

(i) Training to ensure that the officer achieves the

level of proficiency with a firearm required under subparagraph (C)(i).

(ii) Training to ensure that the officer maintains

exclusive control over the officer’s firearm at all times,

including training in defensive maneuvers.

(iii) Training to assist the officer in determining

when it is appropriate to use the officer’s firearm and

when it is appropriate to use less than lethal force.

(C) TRAINING IN USE OF FIREARMS.—

(i) STANDARD.—In order to be deputized as a Federal flight deck officer, a pilot must achieve a level of

proficiency with a firearm that is required by the

Under Secretary. Such level shall be comparable to

the level of proficiency required of Federal air marshals.

(ii) CONDUCT OF TRAINING.—The training of a Federal flight deck officer in the use of a firearm may be

conducted by the Under Secretary or by a firearms

training facility approved by the Under Secretary.

(iii) REQUALIFICATION.—The Under Secretary shall

require a Federal flight deck officer to requalify to

carry a firearm under the program. Such requalification shall occur at an interval required by the Under

Secretary.

(d) DEPUTIZATION.—

(1) IN GENERAL.—The Under Secretary may deputize, as a

Federal flight deck officer under this section, a pilot who submits to the Under Secretary a request to be such an officer and

whom the Under Secretary determines is qualified to be such

an officer.

(2) QUALIFICATION.—A pilot is qualified to be a Federal

flight deck officer under this section if—

(A) the pilot is employed by an air carrier;

(B) the Under Secretary determines (in the Under Secretary’s discretion) that the pilot meets the standards established by the Under Secretary for being such an officer;

and

(C) the Under Secretary determines that the pilot has

completed the training required by the Under Secretary.

(3) DEPUTIZATION BY OTHER FEDERAL AGENCIES.—The

Under Secretary may request another Federal agency to depu- tize, as Federal flight deck officers under this section, those pilots that the Under Secretary determines are qualified to be
150

such officers.

(4) REVOCATION.—The Under Secretary may, (in the Under

Secretary’s discretion) revoke the deputization of a pilot as a

Federal flight deck officer if the Under Secretary finds that the

pilot is no longer qualified to be such an officer.

(e) COMPENSATION.—Pilots participating in the program under

this section shall not be eligible for compensation from the Federal

Government for services provided as a Federal flight deck officer.

The Federal Government and air carriers shall not be obligated to

compensate a pilot for participating in the program or for the pilot’s training or qualification and requalification to carry firearms

under the program.

(f) AUTHORITY TO CARRY FIREARMS.—

(1) IN GENERAL.—The Under Secretary shall authorize a

Federal flight deck officer to carry a firearm while engaged in

providing air transportation or intrastate air transportation.

Notwithstanding subsection (c)(1), the officer may purchase a

firearm and carry that firearm aboard an aircraft of which the

officer is the pilot in accordance with this section if the firearm

is of a type that may be used under the program.

(2) PREEMPTION.—Notwithstanding any other provision of

Federal or State law, a Federal flight deck officer, whenever

necessary to participate in the program, may carry a firearm

in any State and from 1 State to another State.

(3) CARRYING FIREARMS OUTSIDE UNITED STATES.—In consultation with the Secretary of State, the Under Secretary may

take such action as may be necessary to ensure that a Federal

flight deck officer may carry a firearm in a foreign country

whenever necessary to participate in the program.

(g) AUTHORITY TO USE FORCE.—Notwithstanding section

44903(d), the Under Secretary shall prescribe the standards and

circumstances under which a Federal flight deck officer may use, while the program under this section is in effect, force (including

lethal force) against an individual in the defense of the flight deck

of an aircraft in air transportation or intrastate air transportation.

(h) LIMITATION ON LIABILITY.—

(1) LIABILITY OF AIR CARRIERS.—An air carrier shall not be

liable for damages in any action brought in a Federal or State

court arising out of a Federal flight deck officer’s use of or failure to use a firearm.

(2) LIABILITY OF FEDERAL FLIGHT DECK OFFICERS.—A Federal flight deck officer shall not be liable for damages in any

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

acts or omissions of the officer in defending the flight deck of

an aircraft against acts of criminal violence or air piracy unless

the officer is guilty of gross negligence or willful misconduct.

(3) LIABILITY OF FEDERAL GOVERNMENT.—For purposes of

an action against the United States with respect to an act or

omission of a Federal flight deck officer in defending the flight

deck of an aircraft, the officer shall be treated as an employee

of the Federal Government under chapter 171 of title 28, relating to tort claims procedure.

(i) PROCEDURES FOLLOWING ACCIDENTAL DISCHARGES.—If an

accidental discharge of a firearm under the pilot program results

in the injury or death of a passenger or crew member on an aircraft, the Under Secretary—

(1) shall revoke the deputization of the Federal flight deck

officer responsible for that firearm if the Under Secretary determines that the discharge was attributable to the negligence

of the officer; and

(2) if the Under Secretary determines that a shortcoming

in standards, training, or procedures was responsible for the

accidental discharge, the Under Secretary may temporarily

suspend the program until the shortcoming is corrected.

(j) LIMITATION ON AUTHORITY OF AIR CARRIERS.—No air carrier

shall prohibit or threaten any retaliatory action against a pilot employed by the air carrier from becoming a Federal flight deck officer

under this section. No air carrier shall—

(1) prohibit a Federal flight deck officer from piloting an

aircraft operated by the air carrier; or

(2) terminate the employment of a Federal flight deck officer, solely on the basis of his or her volunteering for or partici- pating in the program under this section.

(k) APPLICABILITY.—

(1) EXEMPTION.—This section shall not apply to air carriers operating under part 135 of title 14, Code of Federal Regulations, and to pilots employed by such carriers to the extent

that such carriers and pilots are covered by section 135.119 of

such title or any successor to such section.

(2) PILOT DEFINED.—The term ‘‘pilot’’ means an individual

who has final authority and responsibility for the operation

and safety of the flight or any other flight deck crew member.

(3) ALL-CARGO AIR TRANSPORTATION.—In this section, the

term ‘‘air transportation’’ includes all-cargo air transportation.

SEC. 44922. DEPUTATION OF STATE AND LOCAL LAW ENFORCEMENT

OFFICERS.

(a) DEPUTATION AUTHORITY.—The Under Secretary of Transportation for Security may deputize a State or local law enforcement officer to carry out Federal airport security duties under this

chapter.

(b) FULFILLMENT OF REQUIREMENTS.—A State or local law enforcement officer who is deputized under this section shall be treated as a Federal law enforcement officer for purposes of meeting the

requirements of this chapter and other provisions of law to provide

Federal law enforcement officers to carry out Federal airport security duties. (c) AGREEMENTS.—To deputize a State or local law enforcement

officer under this section, the Under Secretary shall enter into a

voluntary agreement with the appropriate State or local law en- forcement agency that employs the State or local law enforcement
151

officer.

(d) REIMBURSEMENT.— (1) IN GENERAL.—The Under Secretary shall reimburse a

State or local law enforcement agency for all reasonable, allow- able, and allocable costs incurred by the State or local law en- forcement agency with respect to a law enforcement officer

deputized under this section.

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to

carry out this subsection.

(e) FEDERAL TORT CLAIMS ACT.—A State or local law enforcement officer who is deputized under this section shall be treated as

an ‘‘employee of the Government’’ for purposes of sections 1346(b),

2401(b), and chapter 171 of title 28, United States Code, while car- rying out Federal airport security duties within the course and

scope of the officer’s employment, subject to Federal supervision

and control, and in accordance with the terms of such deputation.

(f) STATIONING OF OFFICERS.—The Under Secretary may allow

law enforcement personnel to be stationed other than at the airport

security screening location if that would be preferable for law enforcement purposes and if such personnel would still be able to provide prompt responsiveness to problems occurring at the screening

location.

§ 44923. Airport security improvement projects

(a) GRANT AUTHORITY.—Subject to the requirements of this

section, the Under Secretary for Border and Transportation Secu- rity of the Department of Homeland Security may make grants to

airport sponsors—

(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 Under Secretary 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) APPLICATIONS.—A sponsor seeking a grant under this sec- tion shall submit to the Under Secretary an application in such

form and containing such information as the Under Secretary prescribes.

(c) APPROVAL.—The Under Secretary, after consultation with

the Secretary of Transportation, may approve an application of a

sponsor for a grant under this section only if the Under Secretary

determines that the project will improve security at an airport or

improve the efficiency of the airport without lessening security.

(d) LETTERS OF INTENT.—

(1) ISSUANCE.—The Under Secretary may issue a letter of

intent to a sponsor committing to obligate from future budget

authority an amount, not more than the Federal Government’s

share of the project’s cost, for an airport security improvement

project (including interest costs and costs of formulating the

project).

(2) SCHEDULE.—A letter of intent under this subsection

shall establish a schedule under which the Under Secretary

will reimburse the sponsor for the Government’s share of the

project’s costs, as amounts become available, if the sponsor,

after the Under Secretary issues the letter, carries out the

project without receiving amounts under this section.

(3) NOTICE TO UNDER SECRETARY.—A sponsor that has

been issued a letter of intent under this subsection shall notify

the Under Secretary of the sponsor’s intent to carry out a

project before the project begins.

(4) NOTICE TO CONGRESS.—The Under Secretary shall

transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and

the Committees on Appropriations and Commerce, Science and

Transportation of the Senate a written notification at least 3

days before the issuance of a letter of intent under this section.

(5) LIMITATIONS.—A letter of intent issued under this sub- section is not an obligation of the Government under section

1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided

in authorization and appropriations laws.

(6) STATUTORY CONSTRUCTION.—Nothing in this subsection

shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal

year as the letter of intent is issued.

(e) FEDERAL SHARE.—

(1) IN GENERAL.—The Government’s share of the cost of a

project under this section shall be 90 percent for a project at a

medium or large hub airport and 95 percent for a project at

any other airport.

(2) EXISTING LETTERS OF INTENT.—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.

(f) SPONSOR DEFINED.—In this section, the term ‘‘sponsor’’ has

the meaning given that term in section 47102.

(g) APPLICABILITY OF CERTAIN REQUIREMENTS.—The requirements that apply to grants and letters of intent issued under chapter 471 (other than section 47102(3)) shall apply to grants and let- ters of intent issued under this section.

(h) AVIATION SECURITY CAPITAL FUND.—

(1) IN GENERAL.—There is established within the Department of Homeland Security a fund to be known as the Aviation

Security Capital Fund. The first $250,000,000 derived from
152

fees received under section 44940(a)(1) in each of fiscal years

2004 through 2007 shall be available to be deposited in the

Fund. The Under Secretary shall impose the fee authorized by

section 44940(a)(1) so as to collect at least $250,000,000 in

each of such fiscal years for deposit into the Fund. Amounts in

the Fund shall be available to the Under Secretary to make

grants under this section.

(2) ALLOCATIONS.—Of the amount made available under

paragraph (1) for a fiscal year, $125,000,000 shall be allocated

in such a manner that—

(A) 40 percent shall be made available for large hub

airports;

(B) 20 percent shall be made available for medium

hub airports;

(C) 15 percent shall be made available for small hub

airports and nonhub airports; and

(D) 25 percent shall be distributed by the Secretary to

any airport on the basis of aviation security risks.

(3) DISCRETIONARY GRANTS.—Of the amount made available under paragraph (1) for a fiscal year, $125,000,000 shall

be used to make discretionary grants, with priority given to

fulfilling intentions to obligate under letters of intent issued

under subsection (d).

(i) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—In addition to amounts made available

under subsection (h), there is authorized to be appropriated to

carry out this section $400,000,000 for each of fiscal years 2005,

2006, and 2007. Such sums shall remain available until

expended.

(2) ALLOCATIONS.—50 percent of amounts appropriated

pursuant to this subsection for a fiscal year shall be used for

making allocations under subsection (h)(2) and 50 percent of

such amounts shall be used for making discretionary grants

under subsection (h)(3).

§ 44924. Repair station security

(a) SECURITY REVIEW AND AUDIT.—To ensure the security of

maintenance and repair work conducted on air carrier aircraft and

components at foreign repair stations, the Under Secretary for Border and Transportation Security of the Department of Homeland

Security, in consultation with the Administrator of the Federal

Aviation Administration, shall complete a security review and

audit of foreign repair stations that are certified by the Administrator under part 145 of title 14, Code of Federal Regulations, and

that work on air carrier aircraft and components. The review shall

be completed not later than 18 months after the date on which the

Under Secretary issues regulations under subsection (f).

(b) ADDRESSING SECURITY CONCERNS.—The Under Secretary

shall require a foreign repair station to address the security issues

and vulnerabilities identified in a security audit conducted under

subsection (a) within 90 days of providing notice to the repair station of the security issues and vulnerabilities so identified and

shall notify the Administrator that a deficiency was identified in

the security audit.

(c) SUSPENSIONS AND REVOCATIONS OF CERTIFICATES.—

(1) FAILURE TO CARRY OUT EFFECTIVE SECURITY MEASURES.—If, after the 90th day on which a notice is provided to

a foreign repair station under subsection (b), the Under Secretary determines that the foreign repair station does not

maintain and carry out effective security measures, the Under

Secretary shall notify the Administrator of the determination.

Upon receipt of the determination, the Administrator shall suspend the certification of the repair station until such time as

the Under Secretary determines that the repair station maintains and carries out effective security measures and transmits

the determination to the Administrator.

(2) IMMEDIATE SECURITY RISK.—If the Under Secretary determines that a foreign repair station poses an immediate security risk, the Under Secretary shall notify the Administrator

of the determination. Upon receipt of the determination, the

Administrator shall revoke the certification of the repair sta- tion.

(3) PROCEDURES FOR APPEALS.—The Under Secretary, in

consultation with the Administrator, shall establish procedures

for appealing a revocation of a certificate under this subsection.

(d) FAILURE TO MEET AUDIT DEADLINE.—If the security audits

required by subsection (a) are not completed on or before the date

that is 18 months after the date on which the Under Secretary

issues regulations under subsection (f) [issued Dec. 12, 2003], the

Administrator shall be barred from certifying any foreign repair

station until such audits are completed for existing stations.

(e) PRIORITY FOR AUDITS.—In conducting the audits described

in subsection (a), the Under Secretary and the Administrator shall

give priority to foreign repair stations located in countries identified by the Government as posing the most significant security

risks.

(f) REGULATIONS.—Not later than 240 days after the date of en- actment of this section, the Under Secretary, in consultation with

the Administrator, shall issue final regulations to ensure the security of foreign and domestic aircraft repair stations.

(g) REPORT TO CONGRESS.—If the Under Secretary does not

issue final regulations before the deadline specified in subsection

(f), the Under Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and

the Committee on Commerce, Science, and Transportation of the

Senate a report containing an explanation as to why the deadline

was not met and a schedule for issuing the final regulations.
153

§ 44925. Deployment and use of detection equipment at airport

screening checkpoints

(a) WEAPONS AND EXPLOSIVES.--The Secretary of Homeland

Security shall give a high priority to developing, testing, improving, and

deploying, at airport screening checkpoints, equipment that detects

nonmetallic, chemical, biological, and radiological weapons, and

explosives, in all forms, on individuals and in their personal property.

The Secretary shall ensure that the equipment alone, or as part of an

integrated system, can detect under realistic operating conditions the

types of weapons and explosives that terrorists would likely try to

smuggle aboard an air carrier aircraft.

(b) Strategic Plan for Deployment and Use of Explosive Detection

Equipment at Airport Screening Checkpoints.--

(1) In general.--Not later than 90 days after the date of

enactment of this section [enacted Dec. 17, 2004], the Assistant

Secretary of Homeland Security (Transportation Security

Administration) shall submit to the appropriate congressional

committees a strategic plan to promote the optimal utilization and

deployment of explosive detection equipment at airports to screen

individuals and their personal property. Such equipment includes

walk-through explosive detection portals, document scanners, shoe

scanners, and backscatter x-ray scanners. The plan may be

submitted in a classified format.

(2) Content.--The strategic plan shall include, at minimum--

(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 nonFederal 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) Portal Detection Systems.--There is authorized to be

appropriated to the Secretary of Homeland Security for the use of the

Transportation Security Administration $250,000,000, in addition to any

amounts otherwise authorized by law, for research, development, and

installation of detection systems and other devices for the detection of

biological, chemical, radiological, and explosive materials.

(d) Interim Action.--Until measures are implemented that enable

the screening of all passengers for explosives, the Assistant Secretary

shall provide, by such means as the Assistant Secretary considers

appropriate, explosives detection screening for all passengers identified

for additional screening and their personal property that will be carried

aboard a passenger aircraft operated by an air carrier or foreign air

carrier in air transportation or intrastate air transportation.

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

[§ 44931. Repealed. P.L. 107–71, sec. 101(f)(6), 115 Stat. 603.]

[§ 44932. Repealed. P.L. 107–71, sec. 101(f)(6), 115 Stat. 603.]

§ 44933. Federal Security Managers

(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The

Under Secretary of Transportation for Security shall establish the

position of Federal Security Manager at each airport in the United

States described in section 44903(c). The Under Secretary shall

designate individuals as Managers for, and station those Managers

at, those airports.

(b) DUTIES AND POWERS.—The Manager at each airport shall—

(1) oversee the screening of passengers and property at the

airport; and

(2) carry out other duties prescribed by the Under Secretary.

§ 44934. Foreign Security Liaison Officers

(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The

Under Secretary of Transportation for Security shall establish the

position of Foreign Security Liaison Officer for each airport outside

the United States at which the Under Secretary decides an Officer

is necessary for air transportation security. In coordination with

the Secretary of State, the Under Secretary shall designate an Officer for each of those airports. In coordination with the Secretary,

the Under Secretary shall designate an Officer for each of those

airports where extraordinary security measures are in place. The

Secretary shall give high priority to stationing those Officers.

(b) DUTIES AND POWERS.—An Officer reports directly to the

Under Secretary. The Officer at each airport shall—

(1) serve as the liaison of the Under Secretary to foreign

security authorities (including governments of foreign countries

and foreign airport authorities) in carrying out United States

Government security requirements at that airport; and

(2) to the extent practicable, carry out duties and powers

referred to in section 44933(b) of this title.

(c) COORDINATION OF ACTIVITIES.—The activities of each Officer shall be coordinated with the chief of the diplomatic mission of

the United States to which the Officer is assigned. Activities of an

Officer under this section shall be consistent with the duties and

powers of the Secretary and the chief of mission to a foreign coun- try under section 103 of the Omnibus Diplomatic Security and

Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of the

Foreign Service Act of 1980 (22 U.S.C. 3927).

§ 44935. Employment standards and training

(a) EMPLOYMENT STANDARDS.—The Under Secretary of Transportation for Security shall prescribe standards for the employment

and continued employment of, and contracting for, air carrier per-
154

sonnel and, as appropriate, airport security personnel. The standards shall include—

(1) minimum training requirements for new employees;

(2) retraining requirements;

(3) minimum staffing levels;

(4) minimum language skills; and

(5) minimum education levels for employees, when appropriate.

(b) REVIEW AND RECOMMENDATIONS.—In coordination with air

carriers, airport operators, and other interested persons, the Under

Secretary shall review issues related to human performance in the

aviation security system to maximize that performance. When the

review is completed, the Under Secretary shall recommend guidelines and prescribe appropriate changes in existing procedures to

improve that performance.

(c) SECURITY PROGRAM TRAINING, STANDARDS, AND QUALIFICATIONS.—(1) The Under Secretary— (A) may train individuals employed to carry out a security

program under section 44903(c) of this title; and

(B) shall prescribe uniform training standards and uniform

minimum qualifications for individuals eligible for that train- ing.

(2) The Under Secretary may authorize reimbursement for

travel, transportation, and subsistence expenses for security train- ing of non-United States Government domestic and foreign individ- uals whose services will contribute significantly to carrying out

civil aviation security programs. To the extent practicable, air trav- el reimbursed under this paragraph shall be on air carriers. (d) EDUCATION AND TRAINING STANDARDS FOR SECURITY COORDINATORS, SUPERVISORY PERSONNEL, AND PILOTS.—(1) The Under

Secretary shall prescribe standards for educating and training—

(A) ground security coordinators;

(B) security supervisory personnel; and

(C) airline pilots as in-flight security coordinators.

(2) The standards shall include initial training, retraining, and

continuing education requirements and methods. Those requirements and methods shall be used annually to measure the performance of ground security coordinators and security supervisory personnel.

(e) SECURITY SCREENERS.—

(1) TRAINING PROGRAM.—The Under Secretary of Transportation for Security shall establish a program for the hiring and

training of security screening personnel.

(2) HIRING.—

(A) QUALIFICATIONS.—Within 30 days after the date of

enactment of the Aviation and Transportation Security

Act [enacted Nov. 19, 2001], the Under Secretary shall

establish qualification standards for individuals to be hired

by the United States as security screening personnel. Notwithstanding any provision of law, those standards shall

require, at a minimum, an individual—

(i) to have a satisfactory or better score on a Federal security screening personnel selection examination;

(ii) to be a citizen of the United States or a national of the United States, as defined in section

1101(a)(22) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(22));

(iii) to meet, at a minimum, the requirements set

forth in subsection (f);

(iv) to meet such other qualifications as the Under

Secretary may establish; and

(v) to have the ability to demonstrate daily a fitness for duty without any impairment due to illegal

drugs, sleep deprivation, medication, or alcohol.

(B) BACKGROUND CHECKS.—The Under Secretary shall

require that an individual to be hired as a security screener undergo an employment investigation (including a

criminal history record check) under section 44936(a)(1).

(C) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT

NATIONAL SECURITY RISKS.—The Under Secretary, in consultation with the heads of other appropriate Federal

agencies, shall establish procedures, in addition to any

background check conducted under section 44936, to ensure that no individual who presents a threat to national

security is employed as a security screener.

(3) EXAMINATION; REVIEW OF EXISTING RULES.—The Under

Secretary shall develop a security screening personnel exam- ination for use in determining the qualification of individuals

seeking employment as security screening personnel. The

Under Secretary shall also review, and revise as necessary, any standard, rule, or regulation governing the employment of

individuals as security screening personnel.

(f) EMPLOYMENT STANDARDS FOR SCREENING PERSONNEL.—

(1) SCREENER REQUIREMENTS.—Notwithstanding any provi- sion of law, an individual may not be deployed as a security

screener unless that individual meets the following require- ments:

(A) The individual shall possess a high school diploma, a general equivalency diploma, or experience that the

Under Secretary has determined to be sufficient for the in- dividual to perform the duties of the position.

(B) The individual shall possess basic aptitudes

and physical abilities, including color perception, visual

and aural acuity, physical coordination, and motor skills, to

the following standards:

(i) Screeners operating screening equipment shall

be able to distinguish on the screening equipment

monitor the appropriate imaging standard specified by

the Under Secretary.

(ii) Screeners operating any screening equipment
155

shall be able to distinguish each color displayed on

every type of screening equipment and explain what

each color signifies.

(iii) Screeners shall be able to hear and respond to

the spoken voice and to audible alarms generated by

screening equipment in an active checkpoint environment.

(iv) Screeners performing physical searches or

other related operations shall be able to efficiently and

thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing.

(v) Screeners who perform pat-downs or hand-held

metal detector searches of individuals shall have sufficient dexterity and capability to thoroughly conduct

those procedures over an individual’s entire body.

(C) The individual shall be able to read, speak, and

write English well enough to—

(i) carry out written and oral instructions regarding the proper performance of screening duties;

(ii) read English language identification media,

credentials, airline tickets, and labels on items normally encountered in the screening process;

(iii) provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and

(iv) write incident reports and statements and log

entries into security records in the English language.

(D) The individual shall have satisfactorily completed

all initial, recurrent, and appropriate specialized training

required by the security program, except as provided in

paragraph (3).

(2) VETERANS PREFERENCE.—The Under Secretary shall

provide a preference for the hiring of an individual as a security screener if the individual is a member or former member

of the armed forces and if the individual is entitled, under statute, to retired, retirement, or retainer pay on account of service

as a member of the armed forces.

(3) EXCEPTIONS.—An individual who has not completed the

training required by this section may be deployed during the

on-the-job portion of training to perform functions if that

individual—

(A) is closely supervised; and

(B) does not make independent judgments as to

whether individuals or property may enter a sterile area

or aircraft without further inspection.

(4) REMEDIAL TRAINING.—No individual employed as a security screener may perform a screening function after that individual has failed an operational test related to that function

until that individual has successfully completed the remedial

training specified in the security program.

(5) ANNUAL PROFICIENCY REVIEW.—The Under Secretary

shall provide that an annual evaluation of each individual assigned screening duties is conducted and documented. An individual employed as a security screener may not continue to be

employed in that capacity unless the evaluation demonstrates

that the individual—

(A) continues to meet all qualifications and standards

required to perform a screening function;

(B) has a satisfactory record of performance and attention to duty based on the standards and requirements in

the security program; and

(C) demonstrates the current knowledge and skills

necessary to courteously, vigilantly, and effectively perform screening functions.

(6) OPERATIONAL TESTING.—In addition to the annual proficiency review conducted under paragraph (5), the Under Secretary shall provide for the operational testing of such personnel.

(g) TRAINING.—

(1) USE OF OTHER AGENCIES.—The Under Secretary may

enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel,

resources, or other forms of assistance in the training of security screening personnel.

(2) TRAINING PLAN.—Within 60 days after the date of enactment of the Aviation and Transportation Security Act

[enacted Nov. 19, 2001], the Under Secretary shall develop a

plan for the training of secu- rity screening personnel. The

plan shall require, at a min- imum, that a security screener— (A) has completed 40 hours of classroom instruction or

successfully completed a program that the Under Sec- retary determines will train individuals to a level of pro- ficiency equivalent to the level that would be achieved by

such classroom instruction;

(B) has completed 60 hours of on-the-job instructions;

and

(C) has successfully completed an on-the-job training

examination prescribed by the Under Secretary.

(3) EQUIPMENT-SPECIFIC TRAINING.—An individual em- ployed as a security screener may not use any security screening device or equipment in the scope of that individual’s employment unless the individual has been trained on that device

or equipment and has successfully completed a test on the use

of the device or equipment.

(h) TECHNOLOGICAL TRAINING.—

(1) IN GENERAL.—The Under Secretary shall require train- ing to ensure that screeners are proficient in using the most

up-to-date new technology and to ensure their proficiency in
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recognizing new threats and weapons.

(2) PERIODIC ASSESSMENTS.—The Under Secretary shall

make periodic assessments to determine if there are dual use

items and inform security screening personnel of the existence

of such items.

(3) CURRENT LISTS OF DUAL USE ITEMS.—Current lists of

dual use items shall be part of the ongoing training for screeners.

(4) DUAL USE DEFINED.—For purposes of this subsection,

the term ‘‘dual use’’ item means an item that may seem harmless but that may be used as a weapon.

(i) LIMITATION ON RIGHT TO STRIKE.—An individual that

screens passengers or property, or both, at an airport under this

section may not participate in a strike, or assert the right to strike, against the person (including a governmental entity) employing

such individual to perform such screening.

(j) UNIFORMS.—The Under Secretary shall require any individual who screens passengers and property pursuant to section

44901 to be attired while on duty in a uniform approved by the

Under Secretary.

[(k)]* ACCESSIBILITY OF COMPUTER-BASED TRAINING

FACILITIES.—The Under Secretary shall work with air carriers

and air- ports to ensure that computer-based training facilities

intended for use by security screeners at an airport regularly

serving an air carrier holding a certificate issued by the Secretary

of Transportation are conveniently located for that airport and easily

accessible.

§ 44936. Employment investigations and restrictions

(a) EMPLOYMENT INVESTIGATION REQUIREMENT.—(1)(A) The

Under Secretary of Transportation for Security shall require by

regulation that an employment investigation, including a criminal

history record check and a review of available law enforcement

data bases and records of other governmental and international

agencies to the extent determined practicable by the Under Sec- retary of Transportation for Transportation Security, shall be

conducted of each individual employed in, or applying for, a posi- tion as a security screener under section 44935(e) or a position in

which the individual has unescorted access, or may permit other

individuals to have unescorted access, to—

(i) aircraft of an air carrier or foreign air carrier; or

(ii) a secured area of an airport in the United States the

Under Secretary designates that serves an air carrier or foreign air carrier.

(B) The Under Secretary shall require by regulation that an

employment investigation (including a criminal history record

check and a review of available law enforcement data bases and

records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security) be conducted for—

(i) individuals who are responsible for screening passengers or property under section 44901 of this title;

(ii) supervisors of the individuals described in clause (i);

(iii) individuals who regularly have escorted ac- cess 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 car- rier or foreign air carrier;

and

(iv) such other individuals who exercise security functions

associated with baggage or cargo, as the Under Secretary determines is necessary to ensure air transportation security.

(C) BACKGROUND CHECKS OF CURRENT EMPLOYEES.—

(i) A new background check (including a criminal history

record check and a review of available law enforcement data

bases and records of other governmental and international

agencies to the extent deter- mined practicable by the Under

Secretary of Transportation for Transportation Security shall be

required for any individual who is employed in a position

described in subparagraphs (A) and (B) on the date of

enactment of the Aviation and Transportation Security Act

[enacted Nov. 19, 2001].

(ii) The Under Secretary may provide by order (without

regard to the provisions of chapter 5 of title 5, United States

Code) for a phased-in implementation of the requirements of

this subparagraph.

(D) EXEMPTION.—An employment investigation, including a

criminal history record check, shall not be required under this

subsection for an individual who is ex- empted under section

107.31(m)(1) or (2) of title 14, Code of Federal Regulations, as in

effect on November 22, 2000. The Under Secretary shall work

with the International Civil Aviation Organization and with

appropriate authorities of foreign countries to ensure that

individuals exempt- ed under this subparagraph do not pose a

threat to aviation or national security. (2) An air carrier, foreign air carrier, airport operator, or gov- ernment that employs, or authorizes or makes a contract for the

services of, an individual in a position described in paragraph (1)

of this subsection shall ensure that the investigation the Under

Secretary requires is conducted.

(3) The Under Secretary shall provide for the periodic audit of

the effectiveness of criminal history record checks conducted under

paragraph (1) of this subsection.

(b) PROHIBITED EMPLOYMENT.—(1) Except as provided in paragraph (3) of this subsection, an air carrier, foreign air carrier, airport operator, or government may not employ, or authorize or make

a contract for the services of, an individual in a position described

in subsection (a)(1) of this section if—

(A) the investigation of the individual required under this

section has not been conducted; or

(B) the results of that investigation establish that, in the

10-year period ending on the date of the investigation, the indi-
157

vidual was convicted (or found not guilty by reason of insanity)

of—

(i) a crime referred to in section 46306, 46308, 46312,

46314, or 46315 or chapter 465 of this title or section 32

of title 18;

(ii) murder;

(iii) assault with intent to murder;

(iv) espionage;

(v) sedition;

(vi) treason;

(vii) rape;

(viii) kidnapping;

(ix) unlawful possession, sale, distribution, or manufacture of an explosive or weapon;

(x) extortion;

(xi) armed or felony unarmed robbery;

(xii) distribution of, or intent to distribute, a controlled

substance;

(xiii) a felony involving a threat;

(xiv) a felony involving—

(I) willful destruction of property;

(II) importation or manufacture of a controlled substance;

(III) burglary;

(IV) theft;

(V) dishonesty, fraud, or misrepresentation;

(VI) possession or distribution of stolen property;

(VII) aggravated assault;

(VIII) bribery; and

(IX) illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year, or any other crime

classified as a felony that the Under Secretary determines indicates a propensity for placing contraband aboard an aircraft in return for money; or

(xv) conspiracy to commit any of the acts referred to

in clauses (i) through (xiv).

(2) The Under Secretary may specify other factors that are suf- ficient to prohibit the employment of an individual in a position de- scribed in subsection (a)(1) of this section.

(3) An air carrier, foreign air carrier, airport operator, or gov- ernment may employ, or authorize or contract for the services of, an individual in a position described in subsection (a)(1) of this sec- tion without carrying out the investigation required under this sec- tion, if the Under Secretary approves a plan to employ the indi- vidual that provides alternate security arrangements.

(c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If

the Under Secretary requires an identification and criminal history

record check, to be conducted by the Attorney General, as part of

an investigation under this section, the Under Secretary shall designate an individual to obtain fingerprints and submit those finger- prints to the Attorney General. The Attorney General may make

the results of a check available to an individual the Under Secretary designates. Before designating an individual to obtain and

submit fingerprints or receive results of a check, the Under Secretary shall consult with the Attorney General. All Federal agencies shall cooperate with the Under Secretary and the Under Secretary’s designee in the process of collecting and submitting fingerprints.

(2) The Under Secretary shall prescribe regulations on—

(A) procedures for taking fingerprints; and

(B) requirements for using information received from the

Attorney General under paragraph (1) of this subsection—

(i) to limit the dissemination of the information; and

(ii) to ensure that the information is used only to carry

out this section.

(3) If an identification and criminal history record check is conducted as part of an investigation of an individual under this section, the individual—

(A) shall receive a copy of any record received from the Attorney General; and

(B) may complete and correct the information contained in

the check before a final employment decision is made based on

the check.

(d) FEES AND CHARGES.—The Under Secretary and the Attorney General shall establish reasonable fees and charges to pay expenses incurred in carrying out this section. The employer of the

individual being investigated shall pay the costs of a record check

of the individual. Money collected under this section shall be credited to the account in the Treasury from which the expenses were

incurred and are available to the Under Secretary and the Attorney

General for those expenses.

(e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.—

This section does not require an investigation or record check when

the investigation or record check is prohibited by a law of a foreign

country.

§ 44937. Prohibition on transferring duties and powers

Except as specifically provided by law, the Under Secretary of

Transportation for Security may not transfer a duty or power

under section 44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or 44938(b)(3) of this title to another department, agency, or instru- mentality of the United States Government.

§ 44938. Reports

(a) TRANSPORTATION SECURITY.—Not later than March 31 of

each year, the Secretary of Transportation shall submit to Congress

a report on transportation security with recommendations the Sec- retary considers appropriate. The report shall be prepared in con-
158

junction with the biennial report the Under Secretary of Transpor- tation for Security submits under subsection (b) of this section in

each year the Under Secretary submits the biennial report, but

may not duplicate the information submitted under subsection (b)

or section 44907(a)(3) of this title. The Secretary may submit the

report in classified and unclassified parts. The report shall

include—

(1) an assessment of trends and developments in terrorist

activities, methods, and other threats to transportation;

(2) an evaluation of deployment of explosive detection de- vices;

(3) recommendations for research, engineering, and devel- opment 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 transpor- tation and security authorities;

(6) the status of the extent to which the recommendations

of the President’s Commission on Aviation Security and Ter- rorism 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 Intel- ligence and Security in the 12-month period ending on the date

of the report;

(8) financial and staffing requirements of the Director;

(9) an assessment of financial and staffing requirements,

and attainment of existing staffing goals, for carrying out duties and powers of the Under Secretary related to security; and

(10) appropriate legislative and regulatory recommendations.

(b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECURITY.—The Under Secretary shall submit biennially to Congress a

report—

(1) on the effectiveness of procedures under section 44901

of this title;

(2) that includes a summary of the assessments conducted

under section 44907(a)(1) and (2) of this title; and

(3) that includes an assessment of the steps being taken,

and the progress being made, in ensuring compliance with section 44906 of this title for each foreign air carrier security program at airports outside the United States— (A) at which the Under Secretary decides that Foreign

Security Liaison Officers are necessary for air transpor- tation security; and

(B) for which extraordinary security measures are in

place.

§ 44939. Training to operate certain aircraft

(a) WAITING PERIOD.—A person operating as a flight instructor,

pilot school, or aviation training center or subject to regulation

under this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of more than

12,500 pounds to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other

individual specified by the Secretary of Homeland Security only

if—

(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 appli- cant 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) INTERRUPTION OF TRAINING.—If the Secretary of Homeland

Security, more than 30 days after receiving notification under subsection (a) from a person providing training described in subsection

(a), determines that the individual presents a risk to aviation or

national security, the Secretary shall immediately notify the person

providing the training of the determination and that person shall

immediately terminate the training.

(c) NOTIFICATION.—A person operating as a flight instructor,

pilot school, or aviation training center or subject to regulation

under this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of 12,500

pounds or less to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other

individual specified by the Secretary of Homeland Security only if

that person has notified the Secretary that the individual has requested such training and furnished the Secretary with that individual’s identification in such form as the Secretary may require. (d) EXPEDITED PROCESSING.—Not later than 60 days after the

date of enactment of this section [enacted Dec. 12, 2003], the
159

Secretary shall establish a

process to ensure that the waiting period under subsection (a) shall

not exceed 5 days for an alien (as defined in section 101(a)(3) of the

Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who—

(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 secu- rity because of the aviation training already possessed by such

class of individuals.

(e) TRAINING.—In subsection (a), the term ‘‘training’’ means

training received from an instructor in an aircraft or aircraft simulator and does not include recurrent training, ground training, or

demonstration flights for marketing purposes.

(f) NONAPPLICABILITY TO CERTAIN FOREIGN MILITARY PILOTS.—

The procedures and processes required by subsections (a) through

(d) shall not apply to a foreign military pilot endorsed by the Department of Defense for flight training in the United States and

seeking training described in subsection (e) in the United States.

(g) FEE.—

(1) IN GENERAL.—The Secretary of Homeland Security may

assess a fee for an investigation under this section, which may

not exceed $100 per individual (exclusive of the cost of transmitting fingerprints collected at overseas facilities) during fiscal years 2003 and 2004. For fiscal year 2005 and thereafter,

the Secretary may adjust the maximum amount of the fee to

reflect the costs of such an investigation.

(2) OFFSET.—Notwithstanding section 3302 of title 31, any

fee collected under this section—

(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) INTERAGENCY COOPERATION.—The Attorney General, the

Director of Central Intelligence, and the Administrator of the Federal Aviation Administration shall cooperate with the Secretary in

implementing this section.

(i) SECURITY AWARENESS TRAINING FOR EMPLOYEES.—The Secretary shall require flight schools to conduct a security awareness

program for flight school employees to increase their awareness of

suspicious circumstances and activities of individuals enrolling in

or attending flight school.

§ 44940. Security service fee

(a) GENERAL AUTHORITY.— (1) PASSENGER FEES.—The Under Secretary of Transpor- tation for Security shall impose a uniform fee, on passengers

of air carriers and foreign air carriers in air transportation and

intrastate air transportation originating at airports in the

United States, to pay for the following costs of providing civil

aviation security services:

(A) Salary, benefits, overtime, retirement and other

costs of screening personnel, their supervisors and man- agers, and Federal law enforcement personnel deployed at

airport security screening locations under section 44901.

(B) The costs of training personnel described in sub- paragraph (A), and the acquisition, operation, and mainte- nance 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 re- search and development under this title.

(F) The costs of Federal Security Managers under sec- tion 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.

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.

(2) AIR CARRIER FEES.—

(A) AUTHORITY.—In addition to the fee imposed pursuant to paragraph (1), and only to the extent that the

Under Secretary estimates that such fee will be insufficient to pay for the costs of providing civil aviation security

services described in paragraph (1), the Under Secretary

may impose a fee on air carriers and foreign air carriers

engaged in air transportation and intrastate air transportation to pay for the difference between any such costs and

the amount collected from such fee, as estimated by the

Under Secretary at the beginning of each fiscal year. The

estimates of the Under Secretary under this subparagraph

are not subject to judicial review. (B) LIMITATIONS.—
160

(i) OVERALL LIMIT.—The amounts of fees collected

under this paragraph for each fiscal year may not ex- ceed, in the aggregate, the amounts paid in calendar

year 2000 by carriers described in subparagraph (A)

for screening passengers and property, as determined

by the Under Secretary.

(ii) PER-CARRIER LIMIT.—The amount of fees collected under this paragraph from an air carrier described in subparagraph (A) for each of fiscal years

2002, 2003, and 2004 may not exceed the amount paid

in calendar year 2000 by that carrier for screening

passengers and property, as determined by the Under

Secretary.

(iii) ADJUSTMENT OF PER-CARRIER LIMIT.—For fiscal year 2005 and subsequent fiscal years, the per-carrier limitation under clause (ii) may be determined by

the Under Secretary on the basis of market share or

any other appropriate measure in lieu of actual

screening costs in calendar year 2000.

(iv) FINALITY OF DETERMINATIONS.—Determinations of the Under Secretary under this subparagraph

are not subject to judicial review.

(C) SPECIAL RULE FOR FISCAL YEAR 2002.—The amount

of fees collected under this paragraph from any carrier for

fiscal year 2002 may not exceed the amounts paid by that

carrier for screening passengers and property for a period

of time in calendar year 2000 proportionate to the period

of time in fiscal year 2002 during which fees are collected

under this paragraph. (b) SCHEDULE OF FEES.—In imposing fees under subsection (a),

the Under Secretary shall ensure that the fees are reasonably related to the Transportation Security Administration’s costs of providing services rendered.

(c) LIMITATION ON FEE.—Fees imposed under subsection (a)(1)

may not exceed $2.50 per enplanement in air transportation or

intrastate air transportation that originates at an airport in the

United States, except that the total amount of such fees may not

exceed $5.00 per one-way trip.

(d) IMPOSITION OF FEE.—

(1) IN GENERAL.—Notwithstanding section 9701 of title 31

and the procedural requirements of section 553 of title 5, the

Under Secretary shall impose the fee under subsection (a)(1),

and may impose a fee under subsection (a)(2), through the publication of notice of such fee in the Federal Register and begin

collection of the fee within 60 days of the date of enactment of

this Act, or as soon as possible thereafter.

(2) SPECIAL RULES PASSENGER FEES.—A fee imposed under

subsection (a)(1) through the procedures under subsection (d)

shall apply only to tickets sold after the date on which such fee

is imposed. If a fee imposed under subsection (a)(1) through

the procedures under subsection (d) on transportation of a passenger of a carrier described in subsection (a)(1) is not collected

from the passenger, the amount of the fee shall be paid by the

carrier.

(3) SUBSEQUENT MODIFICATION OF FEE.—After imposing a

fee in accordance with paragraph (1), the Under Secretary may

modify, from time to time through publication of notice in the

Federal Register, the imposition or collection of such fee, or

both.

(4) LIMITATION ON COLLECTION.—No fee may be collected

under this section except to the extent that the expenditure of

the fee to pay the costs of activities and services for which the

fee is imposed is provided for in advance in an appropriations

Act or in section 44923.

(e) ADMINISTRATION OF FEES.—

(1) FEES PAYABLE TO UNDER SECRETARY.—All fees imposed

and amounts collected under this section are payable to the

Under Secretary.

(2) FEES COLLECTED BY AIR CARRIER.—A fee imposed under

subsection (a)(1) shall be collected by the air carrier or foreign

air carrier that sells a ticket for transportation described in

subsection (a)(1).

(3) DUE DATE FOR REMITTANCE.—A fee collected under this

section shall be remitted on the last day of each calendar

month by the carrier collecting the fee. The amount to be remitted shall be for the calendar month preceding the calendar

month in which the remittance is made.

(4) INFORMATION.—The Under Secretary may require the

provision of such information as the Under Secretary decides

is necessary to verify that fees have been collected and remitted at the proper times and in the proper amounts.

(5) FEE NOT SUBJECT TO TAX.—For purposes of section

4261 of the Internal Revenue Code of 1986 (26 U.S.C. 4261),

a fee imposed under this section shall not be considered to be

part of the amount paid for taxable transportation.

(6) COST OF COLLECTING FEE.—No portion of the fee collected under this section may be retained by the air carrier or

foreign air carrier for the costs of collecting, handling, or remitting the fee except for interest accruing to the carrier after collection and before remittance.

(f) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwithstanding section 3302 of title 31, any fee collected under this

section—

(1) shall be credited as offsetting collections to the account

that finances the activities and services for which the fee is imposed;

(2) shall be available for expenditure only to pay the costs

of activities and services for which the fee is imposed; and

(3) shall remain available until expended.

(g) REFUNDS.—The Under Secretary may refund any fee paid
161

by mistake or any amount paid in excess of that required.

(h) EXEMPTIONS.—The Under Secretary may exempt from the

passenger fee imposed under subsection (a)(1) any passenger enplaning at an airport in the United States that does not receive

screening services under section 44901 for that segment of the trip

for which the passenger does not receive screening.

§ 44941. Immunity for reporting suspicious activities

(a) IN GENERAL.—Any air carrier or foreign air carrier or any

employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat

to aircraft or passenger safety, or terrorism, as defined by section

3077 of title 18, United States Code, to any employee or agent of

the Department of Transportation, the Department of Justice, any

Federal, State, or local law enforcement officer, or any airport or

airline security officer shall not be civilly liable to any person

under any law or regulation of the United States, any constitution,

law, or regulation of any State or political subdivision of any State,

for such disclosure.

(b) APPLICATION.—Subsection (a) shall not apply to—

(1) any disclosure made with actual knowledge that the

disclosure was false, inaccurate, or misleading; or

(2) any disclosure made with reckless disregard as to the

truth or falsity of that disclosure.

§ 44942. Performance goals and objectives

(a) SHORT TERM TRANSITION.—

(1) IN GENERAL.—Within 180 days after the date of enact- ment of the Aviation and Transportation Security Act

[enacted Nov. 19, 2001], the Under Secretary for

Transportation Security may, in consulta- tion with Congress—

(A) establish acceptable levels of performance for avia- tion security, including screening operations and access

control, and

(B) provide Congress with an action plan, containing

measurable goals and milestones, that outlines how those

levels of performance will be achieved.

(2) BASICS OF ACTION PLAN.—The action plan shall clarify

the responsibilities of the Transportation Security Administration, the Federal Aviation Administration and any other agency or organization that may have a role in ensuring the safety

and security of the civil air transportation system. (b) LONG-TERM RESULTS-BASED MANAGEMENT.—

(1) PERFORMANCE PLAN AND REPORT.—

(A) PERFORMANCE PLAN.— (i) Each year, consistent with the requirements of

the Government Performance and Results Act of 1993

(GPRA), the Secretary and the Under Secretary for

Transportation Security shall agree on a performance

plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The

plan shall identify action steps necessary to achieve

such goals.

(ii) In addition to meeting the requirements of

GPRA, the performance plan should clarify the responsibilities of the Secretary, the Under Secretary for

Transportation Security and any other agency or organization that may have a role in ensuring the safety

and security of the civil air transportation system.

(B) PERFORMANCE REPORT.—Each year, consistent

with the requirements of GPRA, the Under Secretary for

Transportation Security shall prepare and submit to Congress an annual report including an evaluation of the extent goals and objectives were met. The report shall include the results achieved during the year relative to the

goals established in the performance plan.

§ 44943. Performance management system

(a) ESTABLISHING A FAIR AND EQUITABLE SYSTEM FOR MEASURING STAFF PERFORMANCE.—The Under Secretary for Transportation Security shall establish a performance management system

which strengthens the organization’s effectiveness by providing for

the establishment of goals and objectives for managers, employees,

and organizational performance consistent with the performance

plan.

(b) ESTABLISHING MANAGEMENT ACCOUNTABILITY FOR MEETING

PERFORMANCE GOALS.—

(1) IN GENERAL.—Each year, the Secretary and Under Secretary of Transportation for Security shall enter into an annual

performance agreement that shall set forth organizational and

individual performance goals for the Under Secretary.

(2) GOALS.—Each year, the Under Secretary and each senior manager who reports to the Under Secretary shall enter

into an annual performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the authority of the Under Secretary shall

enter into an annual performance agreement that sets forth organization and individual goals for those employees.

(c) PERFORMANCE-BASED SERVICE CONTRACTING.—To the extent contracts, if any, are used to implement the Aviation Security

Act, the Under Secretary for Transportation Security shall, to the

extent practical, maximize the use of performance-based service

contracts. These contracts should be consistent with guidelines

published by the Office of Federal Procurement Policy.

§ 44944. Voluntary provision of emergency services

(a) PROGRAM FOR PROVISION OF VOLUNTARY SERVICES.—

(1) PROGRAM.—The Under Secretary of Transportation for

Transportation Security shall carry out a program to permit
162

qualified law enforcement officers, firefighters, and emergency

medical technicians to provide emergency services on commercial air flights during emergencies.

(2) REQUIREMENTS.—The Under Secretary shall establish

such requirements for qualifications of providers of voluntary

services under the program under paragraph (1), including

training requirements, as the Under Secretary considers appropriate.

(3) CONFIDENTIALITY OF REGISTRY.—If as part of the pro- gram under paragraph (1) the Under Secretary requires or permits registration of law enforcement officers, firefighters, or

emergency medical technicians who are willing to provide

emergency services on commercial flights during emergencies,

the Under Secretary shall take appropriate actions to ensure

that the registry is available only to appropriate airline personnel and otherwise remains confidential.

(4) CONSULTATION.—The Under Secretary shall consult

with appropriate representatives of the commercial airline industry, and organizations representing community-based law

enforcement, firefighters, and emergency medical technicians,

in carrying out the program under paragraph (1), including the

actions taken under paragraph (3).

(b) EXEMPTION FROM LIABILITY.—An individual shall not be

liable for damages in any action brought in a Federal or State court

that arises from an act or omission of the individual in providing

or attempting to provide assistance in the case of an in-flight emergency in an aircraft of an air carrier if the individual meets such

qualifications as the Under Secretary shall prescribe for purposes

of this section.

(c) EXCEPTION.—The exemption under subsection (b) shall not

apply in any case in which an individual provides, or attempts to

provide, assistance described in that paragraph in a manner that

constitutes gross negligence or willful misconduct.

§ 44945. Disposition of unclaimed money

Notwithstanding section 3302 of title 31, unclaimed money

recovered at any airport security checkpoint shall be retained by the

Transportation Security Administration and shall remain available until

expended for the purpose of providing civil aviation security as required

in this chapter.

CHAPTER 451—ALCOHOL AND CONTROLLED

SUBSTANCES TESTING

Sec. 45101. Definition. 45102. Alcohol and controlled substances testing programs.

45103. Prohibited service.

45104. Testing and laboratory requirements.

45105. Rehabilitation. 45106. Relationship to other laws, regulations, standards, and orders.

45107. Transportation Security Administration.

§ 45101. Definition

In this chapter, ‘‘controlled substance’’ means any substance

under section 102 of the Comprehensive Drug Abuse Prevention

and Control Act of 1970 (21 U.S.C. 802) specified by the Adminis- trator of the Federal Aviation Administration.

§ 45102. Alcohol and controlled substances testing programs

(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN

AIR CARRIERS.—(1) In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign

air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crew members, airport

security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of a controlled substance in violation of law or

a United States Government regulation; and to conduct reasonable

suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the

Administrator) for the use of alcohol in violation of law or a United

States Government regulation. The regulations shall permit air

carriers and foreign air carriers to conduct preemployment testing

of airmen, crew members, airport security screening personnel, and

other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol.

(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for

conducting periodic recurring testing of airmen, crewmembers, airport security screening personnel, and other air carrier employees

responsible for safety-sensitive functions for the use of alcohol or

a controlled substance in violation of law or a Government regula- tion.

(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION.—(1) The Administrator shall establish a program of

preemployment, reasonable suspicion, random, and post-accident

testing for the use of a controlled substance in violation of law or

a United States Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive

functions and shall establish a program of reasonable suspicion,

random, and post-accident testing for the use of alcohol in violation

of law or a United States Government regulation for such employees. The Administrator may establish a program of preemployment

testing for the use of alcohol for such employees.

(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for

conducting periodic recurring testing of employees of the Administration responsible for safety-sensitive functions for use of alcohol

or a controlled substance in violation of law or a Government regu- lation.
163

(c) SANCTIONS.—In prescribing regulations under the programs

required by this section, the Administrator shall require, as the Ad- ministrator considers appropriate, the suspension or revocation of

any certificate issued to an individual referred to in this section,

or the disqualification or dismissal of the individual, under this

chapter when a test conducted and confirmed under this chapter

indicates the individual has used alcohol or a controlled substance

in violation of law or a Government regulation.

§ 45103. Prohibited service

(a) USE OF ALCOHOL OR A CONTROLLED SUBSTANCE.—An individual may not use alcohol or a controlled substance after October

28, 1991, in violation of law or a United States Government regulation and serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive

functions (as decided by the Administrator of the Federal Aviation

Administration), or employee of the Administration with responsibility for safety-sensitive functions.

(b) REHABILITATION REQUIRED TO RESUME SERVICE.—Notwithstanding subsection (a) of this section, an individual found to have

used alcohol or a controlled substance after October 28, 1991, in

violation of law or a Government regulation may serve as an airman, crewmember, airport security screening employee, air carrier

employee responsible for safety-sensitive functions (as decided by

the Administrator), or employee of the Administration with responsibility for safety-sensitive functions only if the individual com- pletes a rehabilitation program described in section 45105 of this

title.

(c) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—An indi- vidual who served as an airman, crewmember, airport security

screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of

the Administration with responsibility for safety-sensitive functions

and who was found by the Administrator to have used alcohol or

a controlled substance after October 28, 1991, in violation of law

or a Government regulation may not carry out the duties related

to air transportation that the individual carried out before the finding of the Administrator if the individual—

(1) used the alcohol or controlled substance when on duty;

(2) began or completed a rehabilitation program described

in section 45105 of this title before using the alcohol or con- trolled substance; or

(3) refuses to begin or complete a rehabilitation program

described in section 45105 of this title after a finding by the

Administrator under this section.

§ 45104. Testing and laboratory requirements

In carrying out section 45102 of this title, the Administrator of

the Federal Aviation Administration shall develop requirements

that—

(1) promote, to the maximum extent practicable, individual

privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled

substances, incorporate the Department of Health and Human

Services scientific and technical guidelines dated April 11,

1988, and any amendments to those guidelines, including man- datory guidelines establishing— (A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this chapter, including

standards requiring the use of the best available technology to ensure the complete reliability and accuracy of

controlled substances tests and strict procedures governing

the chain of custody of specimens collected for controlled

substances testing;

(B) the minimum list of controlled substances for

which individuals may be tested; and

(C) appropriate standards and procedures for periodic

review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled

substances testing in carrying out this chapter;

(3) require that a laboratory involved in controlled sub- stances testing under this chapter have the capability and facility, at the laboratory, of performing screening and confirmation tests;

(4) provide that all tests indicating the use of alcohol or a

controlled substance in violation of law or a United States Government regulation be confirmed by a scientifically recognized

method of testing capable of providing quantitative information

about alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured, and

labeled in the presence of the tested individual and that a part

of the specimen be retained in a secure manner to prevent the

possibility of tampering, so that if the individual’s confirmation

test results are positive the individual has an opportunity to

have the retained part tested by a 2d confirmation test done

independently at another certified laboratory if the individual

requests the 2d confirmation test not later than 3 days after

being advised of the results of the first confirmation test;

(6) ensure appropriate safeguards for testing to detect and

quantify alcohol in breath and body fluid samples, including

urine and blood, through the development of regulations that

may be necessary and in consultation with the Secretary of

Health and Human Services;

(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does

not prevent the use of test results for the orderly imposition of

appropriate sanctions under this chapter; and

(8) ensure that employees are selected for tests by non-
164

discriminatory and impartial methods, so that no employee is

harassed by being treated differently from other employees in

similar circumstances.

§ 45105. Rehabilitation

(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN

AIR CARRIERS.—The Administrator of the Federal Aviation Administration shall prescribe regulations establishing requirements for

rehabilitation programs that at least provide for the identification

and opportunity for treatment of employees of air carriers and foreign air carriers referred to in section 45102(a)(1) of this title who

need assistance in resolving problems with the use of alcohol or a

controlled substance in violation of law or a United States Government regulation. Each air carrier and foreign air carrier is encouraged to make such a program available to all its employees in addition to the employees referred to in section 45102(a)(1). The Administrator shall decide on the circumstances under which employees

shall be required to participate in a program. This subsection does

not prevent an air carrier or foreign air carrier from establishing

a program under this subsection in cooperation with another air

carrier or foreign air carrier.

(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION.—The Administrator shall establish and maintain a

rehabilitation program that at least provides for the identification

and opportunity for treatment of employees of the Administration

whose duties include responsibility for safety-sensitive functions

who need assistance in resolving problems with the use of alcohol

or a controlled substance.

§ 45106. Relationship to other laws, regulations, standards,

and orders

(a) EFFECT ON STATE AND LOCAL GOVERNMENT LAWS, REGULATIONS, STANDARDS, OR ORDERS.—A State or local government may

not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under

this chapter. However, a regulation prescribed under this chapter

does not preempt a State criminal law that imposes sanctions for

reckless conduct leading to loss of life, injury, or damage to prop- erty.

(b) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—(1) In

prescribing regulations under this chapter, the Administrator of

the Federal Aviation Administration—

(A) shall establish only requirements applicable to foreign

air carriers that are consistent with international obligations of

the United States; and

(B) shall consider applicable laws and regulations of foreign countries.

(2) The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the

International Civil Aviation Organization to strengthen and enforce

existing standards to prohibit crewmembers in international civil

aviation from using alcohol or a controlled substance in violation

of law or a United States Government regulation.

(c) OTHER REGULATIONS ALLOWED.—This section does not pre- vent the Administrator from continuing in effect, amending, or further supplementing a regulation prescribed before October 28,

1991, governing the use of alcohol or a controlled substance by airmen, crewmembers, airport security screening employees, air carrier employees responsible for safety-sensitive functions (as decided

by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.

§ 45107. Transportation Security Administration

(a) TRANSFER OF FUNCTIONS RELATING TO TESTING PROGRAMS

WITH RESPECT TO AIRPORT SECURITY SCREENING PERSONNEL.—The

authority of the Administrator of the Federal Aviation Administration under this chapter with respect to programs relating to testing

of airport security screening personnel are transferred to the Under

Secretary of Transportation for Security. Notwithstanding section

45102(a), the regulations prescribed under section 45102(a) shall

require testing of such personnel by their employers instead of by

air carriers and foreign air carriers.

(b) APPLICABILITY OF CHAPTER WITH RESPECT TO EMPLOYEES

OF ADMINISTRATION.—The provisions of this chapter that apply

with respect to employees of the Federal Aviation Administration

whose duties include responsibility for safety-sensitive functions

shall apply with respect to employees of the Transportation Security Administration whose duties include responsibility for securitysensitive functions. The Under Secretary of Transportation for Security, the Transportation Security Administration, and employees

of the Transportation Security Administration whose duties include

responsibility for security-sensitive functions shall be subject to

and comply with such provisions in the same manner and to the

same extent as the Administrator of the Federal Aviation Administration, the Federal Aviation Administration, and employees of the

Federal Aviation Administration whose duties include responsibility for safety-sensitive functions, respectively.

CHAPTER 453—FEES

Sec.

45301. General provisions.

45302. Fees involving aircraft not providing air transportation.

45303. Administrative provisions.

45304. Maximum fees for private person services.

§ 45301. General provisions

(a) SCHEDULE OF FEES.—The Administrator shall establish a

schedule of new fees, and a collection process for such fees, for the

following services provided by the Administration:

(1) Air traffic control and related services provided to air-
165

craft other than military and civilian aircraft of the United

States government or of a foreign government that neither

take off from, nor land in, the United States.

(2) Services (other than air traffic control services) provided to a foreign government or services provided to any entity obtaining services outside the United States, except that the

Administrator shall not impose fees in any manner for production-certification related service performed outside the United

States pertaining to aeronautical products manufactured outside the United States.

(b) LIMITATIONS.—

(1) AUTHORIZATION AND IMPACT CONSIDERATIONS.—In es- tablishing fees under subsection (a), the Administrator—

(A) is authorized to recover in fiscal year 1997

$100,000,000; and

(B) shall ensure that each of the fees required by sub- section (a) is reasonably related to the Administration’s

costs, as determined by the Administrator, of providing the

service rendered. Services for which costs may be recov- ered include the costs of air traffic control, navigation, weather services, training and emergency services which

are available to facilitate safe transportation over the

United States, and other services provided by the Adminis- trator or by programs financed by the Administrator to

flights that neither take off nor land in the United States. The Determination of such costs by the Administrator is

not subject to judicial review.

(2) PUBLICATION; COMMENT.—The Administrator shall publish in the Federal Register an initial fee schedule and associated collection process as an interim final rule, pursuant to

which public comment will be sought and a final rule issued.

(c) USE OF EXPERTS AND CONSULTANTS.—In developing the system, the Administrator may consult with such nongovernmental

experts as the Administrator may employ and the Administrator

may utilize the services of experts and consultants under section

3109 of title 5 without regard to the limitation imposed by the last

sentence of section 3109(b) of such title, and may contract on a sole

source basis, notwithstanding any other provision of law to the contrary. Notwithstanding any other provision of law to the contrary,

the Administrator may retain such experts under a contract awarded on a basis other than a competitive basis and without regard to

any such provisions requiring competitive bidding or precluding

sole source contract authority.

(d) PRODUCTION-CERTIFICATION RELATED SERVICE DEFINED.—

In this section, the term ‘‘production-certification related service’’

has the meaning given that term in appendix C of part 187 of title

14, Code of Federal Regulations.

§ 45302. Fees involving aircraft not providing air transportation

(a) APPLICATION.—This section applies only to aircraft not used

to provide air transportation.

(b) GENERAL AUTHORITY AND MAXIMUM FEES.—The Adminis- trator of the Federal Aviation Administration may impose fees to

pay for the costs of issuing airman certificates to pilots and certificates of registration of aircraft and processing forms for major repairs and alterations of fuel tanks and fuel systems of aircraft. The

following fees may not be more than the amounts specified:

(1) $12 for issuing an airman’s certificate to a pilot.

(2) $25 for registering an aircraft after the transfer of ownership.

(3) $15 for renewing an aircraft registration.

(4) $7.50 for processing a form for a major repair or alteration of a fuel tank or fuel system of an aircraft.

(c) ADJUSTMENTS.—The Administrator shall adjust the maximum fees established by subsection (b) of this section for changes

in the Consumer Price Index of All Urban Consumers published by

the Secretary of Labor.

(d) CREDIT TO ACCOUNT AND AVAILABILITY.—Money collected

from fees imposed under this section shall be credited to the account in the Treasury from which the Administrator incurs expenses in carrying out chapter 441 and sections 44701–44716 of

this title (except sections 44701(c), 44703(f)(2) 1, and 44713(d)(2)).

The money is available to the Administrator to pay expenses for

which the fees are collected.

(e) EFFECTIVE DATE.—A fee may not be imposed under this

section before the date on which the regulations prescribed under

sections 44111(d), 44703(f)(2) 1, and 44713(d)(2) of this title take effect.

§ 45303. Administrative provisions

(a) FEES PAYABLE TO ADMINISTRATOR.—All fees imposed and

amounts collected under this chapter for services performed, or materials furnished, by the Federal Aviation Administration are payable to the Administrator of the Federal Aviation Administration.

(b) REFUNDS.—The Administrator may refund any fee paid by

mistake or any amount paid in excess of that required.

(c) RECEIPTS CREDITED TO ACCOUNT.—Notwithstanding section

3302 of title 31, all fees and amounts collected by the Administra- tion, except insurance premiums and other fees charged for the

provision of insurance and deposited in the Aviation Insurance Revolving Fund and interest earned on investments of such Fund, and except amounts which on September 30, 1996, are required to

be credited to the general fund of the Treasury (whether imposed

under this section or not)—

1 Probably should refer to section 44703(g)(2). See section 715(1) of P.L. 106–181 (114 Stat.

162).
166

(1) shall be credited to a separate account established in

the Treasury and made available for Administration activities;

(2) shall be available immediately for expenditure but only

for congressionally authorized and intended purposes; and

(3) shall remain available until expended.

(d) ANNUAL BUDGET REPORT BY ADMINISTRATOR.—The Administrator shall, on the same day each year as the President submits

the annual budget to Congress, provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of

Representatives—

(1) a list of fee collections by the Administration during the

preceding fiscal year;

(2) a list of activities by the Administration during the preceding fiscal year that were supported by fee expenditures and

appropriations;

(3) budget plans for significant programs, projects, and activities of the Administration, including out-year funding estimates;

(4) any proposed disposition of surplus fees by the Administration; and

(5) such other information as those committees consider

necessary.

(e) DEVELOPMENT OF COST ACCOUNTING SYSTEM.—The Administration shall develop a cost accounting system that adequately

and accurately reflects the investments, operating and overhead

costs, revenues, and other financial measurement and reporting aspects of its operations.

(f) COMPENSATION TO CARRIERS FOR ACTING AS COLLECTION

AGENTS.—The Administration shall prescribe regulations to ensure

that any air carrier required, pursuant to the Air Traffic Management System Performance Improvement Act of 1996 or any amend- ments made by that Act, to collect a fee imposed on another party

by the Administrator may collect from such other party an additional uniform amount that the Administrator determines reflects

the necessary and reasonable expenses (net of interest accruing to

the carrier after collection and before remittance) incurred in collecting and handling the fee.

§ 45304. Maximum fees for private person services

The Administrator of the Federal Aviation Administration may

establish maximum fees that private persons may charge for services performed under a delegation to the person under section

44702(d) of this title.
167

SUBPART IV—ENFORCEMENT AND PENALTIES

CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS

Sec.

46101. Complaints and investigations.

46102. Proceedings.

46103. Service of notice, process, and actions.

46104. Evidence.

46105. Regulations and orders.

46106. Enforcement by the Department of Transportation.

46107. Enforcement by the Attorney General.

46108. Enforcement of certificate requirements by interested persons.

46109. Joinder and intervention. 46110. Judicial review.

46111. Certificate actions in response to a security threat.

§ 46101. Complaints and investigations

(a) GENERAL.—(1) A person may file a complaint in writing

with the Secretary of Transportation (or the Under Secretary of

Transportation for Security with respect to security duties and

powers designated to be carried out by the Under Secretary or the

Administrator of the Federal Aviation Administration with respect

to aviation safety duties and powers designated to be carried out

by the Administrator) about a person violating this part or a requirement prescribed under this part. Except as provided in subsection (b) of this section, the Secretary, Under Secretary, or Administrator shall investigate the complaint if a reasonable ground

appears to the Secretary, Under Secretary, or Administrator for the

investigation.

(2) On the initiative of the Secretary, Under Secretary, or Ad- ministrator, as appropriate, the Secretary, Under Secretary, or Ad- ministrator may conduct an investigation, if a reasonable ground

appears to the Secretary, Under Secretary, or Administrator for the

investigation, about—

(A) a person violating this part or a requirement pre- scribed under this part; or

(B) any question that may arise under this part.

(3) The Secretary of Transportation, Under Secretary, or Ad- ministrator may dismiss a complaint without a hearing when the

Secretary, Under Secretary, or Administrator is of the opinion that

the complaint does not state facts that warrant an investigation or

action.

(4) After notice and an opportunity for a hearing and subject

to section 40105(b) of this title, the Secretary of Transportation, Under Secretary, or Administrator shall issue an order to compel

compliance with this part if the Secretary, Under Secretary, or Ad- ministrator finds in an investigation under this subsection that a

person is violating this part.

(b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.—The

Secretary of Transportation, Under Secretary, or Administrator

shall refer a complaint against a member of the armed forces of the

United States performing official duties to the Secretary of the department concerned for action. Not later than 90 days after receiv- ing the complaint, the Secretary of that department shall inform

the Secretary of Transportation, Under Secretary, or Administrator

of the action taken on the complaint, including any corrective or

disciplinary action taken.

§ 46102. Proceedings

(a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of

chapter 5 of title 5, the Secretary of Transportation (or the Under

Secretary of Transportation for Security with respect to security

duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration

with respect to aviation safety duties and powers designated to be

carried out by the Administrator) may conduct proceedings in a

way conducive to justice and the proper dispatch of business.

(b) APPEARANCE.—A person may appear and be heard before

the Secretary, the Under Secretary, and the Administrator in person or by an attorney. The Secretary may appear and participate

as an interested party in a proceeding the Administrator conducts

under section 40113(a) of this title.

(c) RECORDING AND PUBLIC ACCESS.—Official action taken by

the Secretary, Under Secretary, and Administrator under this part

shall be recorded. Proceedings before the Secretary, Under Secretary, and Administrator shall be open to the public on the request of an interested party unless the Secretary, Under Secretary,

or Administrator decides that secrecy is required because of national defense.

(d) CONFLICTS OF INTEREST.—The Secretary, the Under Secretary, the Administrator, or an officer or employee of the Administration may not participate in a proceeding referred to in subsection (a) of this section in which the individual has a pecuniary

interest.

§ 46103. Service of notice, process, and actions

(a) DESIGNATING AGENTS.—(1) Each air carrier and foreign air

carrier shall designate an agent on whom service of notice and

process in a proceeding before, and an action of, the Secretary of

Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be

carried out by the Under Secretary or the Administrator of the

Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator)

may be made.

(2) The designation—

(A) shall be in writing and filed with the Secretary, Under

Secretary, or Administrator; and

(B) may be changed in the same way as originally made.

(b) SERVICE.—(1) Service may be made—

(A) by personal service;
168

(B) on a designated agent; or

(C) by certified or registered mail to the person to be

served or the designated agent of the person.

(2) The date of service made by certified or registered mail is

the date of mailing.

(c) SERVING AGENTS.—Service on an agent designated under

this section shall be made at the office or usual place of residence

of the agent. If an air carrier or foreign air carrier does not have

a designated agent, service may be made by posting the notice,

process, or action in the office of the Secretary, Under Secretary,

or Administrator.

§ 46104. Evidence

(a) GENERAL.—In conducting a hearing or investigation under

this part, the Secretary of Transportation (or the Under Secretary

of Transportation for Security with respect to security duties and

powers designated to be carried out by the Under Secretary or the

Administrator of the Federal Aviation Administration with respect

to aviation safety duties and powers designated to be carried out

by the Administrator) may—

(1) subpena witnesses and records related to a matter involved in the hearing or investigation from any place in the

United States to the designated place of the hearing or investigation;

(2) administer oaths;

(3) examine witnesses; and

(4) receive evidence at a place in the United States the

Secretary, Under Secretary, or Administrator designates.

(b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a subpena, the Secretary, the Under Secretary, the Administrator, or a

party to a proceeding before the Secretary, Under Secretary, or Administrator may petition a court of the United States to enforce the

subpena. A judicial proceeding to enforce a subpena under this section may be brought in the jurisdiction in which the proceeding or

investigation is conducted. The court may punish a failure to obey

an order of the court to comply with the subpena as a contempt of

court.

(c) DEPOSITIONS.—(1) In a proceeding or investigation, the Sec- retary, Under Secretary, or Administrator may order a person to

give testimony by deposition and to produce records. If a person

fails to be deposed or to produce records, the order may be enforced

in the same way a subpena may be enforced under subsection (b)

of this section.

(2) A deposition may be taken before an individual designated

by the Secretary, Under Secretary, or Administrator and having

the power to administer oaths.

(3) Before taking a deposition, the party or the attorney of the

party proposing to take the deposition must give reasonable notice

in writing to the opposing party or the attorney of record of that

party. The notice shall state the name of the witness and the time

and place of taking the deposition.

(4) The testimony of a person deposed under this subsection

shall be under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken.

The transcript shall be subscribed by the deponent. Each deposition shall be filed promptly with the Secretary, Under Secretary,

or Administrator.

(5) If the laws of a foreign country allow, the testimony of a

witness in that country may be taken by deposition—

(A) by a consular officer or an individual commissioned by

the Secretary, Under Secretary, or Administrator or agreed on

by the parties by written stipulation filed with the Secretary,

Under Secretary, or Administrator; or

(B) under letters rogatory issued by a court of competent

jurisdiction at the request of the Secretary, Under Secretary,

or Administrator.

(d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUNTRY EXPENSES.—A witness summoned before the Secretary, Under

Secretary, or Administrator or whose deposition is taken under this

section and the individual taking the deposition are each entitled

to the same fee and mileage that the witness and individual would

have been paid for those services in a court of the United States.

Under regulations of the Secretary, Under Secretary, or Administrator, the Secretary, Under Secretary, or Administrator shall pay

the necessary expenses incident to executing, in another country,

a commission or letter rogatory issued at the initiative of the Secretary, Under Secretary, or Administrator.

(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When

designated by the Secretary, Under Secretary, or Administrator, an

employee appointed under section 3105 of title 5 may conduct a

hearing, subpena witnesses, administer oaths, examine witnesses,

and receive evidence at a place in the United States the Secretary,

Under Secretary, or Administrator designates. On request of a

party, the Secretary, Under Secretary, or Administrator shall hear

or receive argument.

§ 46105. Regulations and orders

(a) EFFECTIVENESS OF ORDERS.—Except as provided in this

part, a regulation prescribed or order issued by the Secretary of

Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be

carried out by the Under Secretary or the Administrator of the

Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator)

takes effect within a reasonable time prescribed by the Secretary,

Under Secretary, or Administrator. The regulation or order remains in effect under its own terms or until superseded. Except as

provided in this part, the Secretary, Under Secretary, or Administrator may amend, modify, or suspend an order in the way, and by

giving the notice, the Secretary, Under Secretary, or Administrator
169

decides.

(b) CONTENTS AND SERVICE OF ORDERS.—An order of the Secretary, Under Secretary, or Administrator shall include the findings of fact on which the order is based and shall be served on the

parties to the proceeding and the persons affected by the order.

(c) EMERGENCIES.—When the Administrator is of the opinion

that an emergency exists related to safety in air commerce and requires immediate action, the Administrator, on the initiative of the

Administrator or on complaint, may prescribe regulations and issue

orders immediately to meet the emergency, with or without notice

and without regard to this part and subchapter II of chapter 5 of

title 5. The Administrator shall begin a proceeding immediately

about an emergency under this subsection and give preference,

when practicable, to the proceeding.

§ 46106. Enforcement by the Department of Transportation

The Secretary of Transportation (or the Under Secretary of

Transportation for Security with respect to security duties and

powers designated to be carried out by the Under Secretary or the

Administrator of the Federal Aviation Administration with respect

to aviation safety duties and powers designated to be carried out

by the Administrator) may bring a civil action against a person in

a district court of the United States to enforce this part or a requirement or regulation prescribed, or an order or any term of a

certificate or permit issued, under this part. The action may be

brought in the judicial district in which the person does business

or the violation occurred.

§ 46107. Enforcement by the Attorney General

(a) CIVIL ACTIONS TO ENFORCE SECTION 40106(b).—The Attorney General may bring a civil action in a district court of the

United States against a person to enforce section 40106(b) of this

title. The action may be brought in the judicial district in which the

person does business or the violation occurred.

(b) CIVIL ACTIONS TO ENFORCE THIS PART.—(1) On request of

the Secretary of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers

designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to

aviation safety duties and powers designated to be carried out by

the Administrator), the Attorney General may bring a civil action

in an appropriate court—

(A) to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit

issued, under this part; and

(B) to prosecute a person violating this part or a require- ment or regulation prescribed, or an order or any term of a cer- tificate or permit issued, under this part.

(2) The costs and expenses of a civil action shall be paid out

of the appropriations for the expenses of the courts of the United

States.

(c) PARTICIPATION OF SECRETARY, UNDER SECRETARY, OR AD- MINISTRATOR.—On request of the Attorney General, the Secretary,

Under Secretary, or Administrator, as appropriate, may participate

in a civil action under this part.

§ 46108. Enforcement of certificate requirements by inter- ested persons

An interested person may bring a civil action in a district court

of the United States against a person to enforce section 41101(a)(1)

of this title. The action may be brought in the judicial district in

which the defendant does business or the violation occurred.

§ 46109. Joinder and intervention

A person interested in or affected by a matter under consideration in a proceeding before the Secretary of Transportation or civil

action to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued,

under this part may be joined as a party or permitted to intervene

in the proceeding or civil action.

§ 46110. Judicial review

(a) FILING AND VENUE.—Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title, a person disclosing a substantial

interest in an order issued by the Secretary of Transportation (or

the Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the

Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated

to be carried out by the Administrator) in whole or in part under

this part, part B, or subsection (l) or (s) of section 114 may apply

for review of the order by filing a petition for review in the United

States Court of Appeals for the District of Columbia Circuit or in

the court of appeals of the United States for the circuit in which

the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued.

The court may allow the petition to be filed after the 60th day only

if there are reasonable grounds for not filing by the 60th day.

(b) JUDICIAL PROCEDURES.—When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall

send a copy of the petition to the Secretary, Under Secretary, or

Administrator, as appropriate. The Secretary, Under Secretary, or

Administrator shall file with the court a record of any proceeding

in which the order was issued, as provided in section 2112 of title

28.

(c) AUTHORITY OF COURT.—When the petition is sent to the

Secretary, Under Secretary, or Administrator, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of

the order and may order the Secretary, Under Secretary, or Admin-
170

istrator to conduct further proceedings. After reasonable notice to

the Secretary, Under Secretary, or Administrator, the court may

grant interim relief by staying the order or taking other appropriate action when good cause for its action exists. Findings of fact

by the Secretary, Under Secretary, or Administrator, if supported

by substantial evidence, are conclusive.

(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an

order under this section, the court may consider an objection to an

order of the Secretary, Under Secretary, or Administrator only if

the objection was made in the proceeding conducted by the Secretary, Under Secretary, or Administrator or if there was a reasonable ground for not making the objection in the proceeding.

(e) SUPREME COURT REVIEW.—A decision by a court under this

section may be reviewed only by the Supreme Court under section

1254 of title 28.

§ 46111. Certificate actions in response to a security threat

(a) ORDERS.—The Administrator of Federal Aviation Administration shall issue an order amending, modifying, suspending, or

revoking any part of a certificate issued under this title if the Administrator is notified by the Under Secretary for Border and

Transportation Security of the Department of Homeland Security

that the holder of the certificate poses, or is suspected of posing,

a risk of air piracy or terrorism or a threat to airline or passenger

safety. If requested by the Under Secretary, the order shall be ef- fective immediately.

(b) HEARINGS FOR CITIZENS.—An individual who is a citizen of

the United States who is adversely affected by an order of the Ad- ministrator under subsection (a) is entitled to a hearing on the

record.

(c) HEARINGS.—When conducting a hearing under this section,

the administrative law judge shall not be bound by findings of fact

or interpretations of laws and regulations of the Administrator or

the Under Secretary.

(d) APPEALS.—An appeal from a decision of an administrative

law judge as the result of a hearing under subsection (b) shall be

made to the Transportation Security Oversight Board established

by section 115. The Board shall establish a panel to review the decision. The members of this panel (1) shall not be employees of the

Transportation Security Administration, (2) shall have the level of

security clearance needed to review the determination made under

this section, and (3) shall be given access to all relevant documents

that support that determination. The panel may affirm, modify, or

reverse the decision.

(e) REVIEW.—A person substantially affected by an action of a

panel under subsection (d), or the Under Secretary when the Under

Secretary decides that the action of the panel under this section

will have a significant adverse impact on carrying out this part,

may obtain review of the order under section 46110. The Under

Secretary and the Administrator shall be made a party to the review proceedings. Findings of fact of the panel are conclusive if

supported by substantial evidence.

(f) EXPLANATION OF DECISIONS.—An individual who commences

an appeal under this section shall receive a written explanation of

the basis for the determination or decision and all relevant documents that support that determination to the maximum extent that

the national security interests of the United States and other applicable laws permit.

(g) CLASSIFIED EVIDENCE.—

(1) IN GENERAL.—The Under Secretary, in consultation

with the Administrator and the Director of Central Intelligence, shall issue regulations to establish procedures by

which the Under Secretary, as part of a hearing conducted

under this section, may provide an unclassified summary of

classified evidence upon which the order of the Administrator

was based to the individual adversely affected by the order.

(2) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRATIVE

LAW JUDGE.—

(A) REVIEW.—As part of a hearing conducted under

this section, if the order of the Administrator issued under

subsection (a) is based on classified information (as defined

in section 1(a) of the Classified Information Procedures Act

(18 U.S.C. App.), such information may be submitted by

the Under Secretary to the reviewing administrative law

judge, pursuant to appropriate security procedures, and

shall be reviewed by the administrative law judge ex parte

and in camera.

(B) SECURITY CLEARANCES.—Pursuant to existing procedures and requirements, the Under Secretary shall, in

coordination, as necessary, with the heads of other affected

departments or agencies, ensure that administrative law

judges reviewing orders of the Administrator under this

section possess security clearances appropriate for their

work under this section.

(3) UNCLASSIFIED SUMMARIES OF CLASSIFIED EVIDENCE.— As part of a hearing conducted under this section and upon the

request of the individual adversely affected by an order of the

Administrator under subsection (a), the Under Secretary shall

provide to the individual and reviewing administrative law

judge, consistent with the procedures established under paragraph (1), an unclassified summary of any classified information upon which the order of the Administrator is based.

CHAPTER 463—PENALTIES

Sec. 46301. Civil penalties.

46302. False information.

46303. Carrying a weapon.

46304. Liens on aircraft.

46305. Actions to recover civil penalties.

46306. Registration violations involving aircraft not providing air transportation.
171

46307. Violation of national defense airspace.

46308. Interference with air navigation.

46309. Concession and price violations.

46310. Reporting and recordkeeping violations.

46311. Unlawful disclosure of information.

46312. Transporting hazardous material.

46313. Refusing to appear or produce records.

46314. Entering aircraft or airport area in violation of security requirements.

46315. Lighting violations involving transporting controlled substances by aircraft not providing air transportation.

46316. General criminal penalty when specific penalty not provided.

46317. Criminal penalty for pilots operating in air transportation without an airman’s certificate. 46318. Interference with cabin or flight crew.

46319. Permanent closure of an airport without providing sufficient notice.

§ 46301. Civil penalties

(a) GENERAL PENALTY.—(1) A person is liable to the United

States Government for a civil penalty of not more than $25,000 (or

$1,100 if the person is an individual or small business concern) for

violating—

(A) chapter 401 (except sections 40103(a) and (d), 40105,

40116, and 40117), chapter 411, chapter 413 (except sections

41307 and 41310(b)–(f)), chapter 415 (except sections 41502,

41505, and 41507–41509), chapter 417 (except sections 41703,

41704, 41710, 41713, and 41714), chapter 419, subchapter II or

III of chapter 421, chapter 441 (except section 44109), section

44502(b) or (c), chapter 447 (except sections 44717 and 44719– 44723), chapter 449 (except sections 44902, 44903(d), 44904,

44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), section

47107(b) (including any assurance made under such section), or section 47133 of this title;

(B) a regulation prescribed or order issued under any pro- vision to which clause (A) of this paragraph applies;

(C) any term of a certificate or permit issued under section

41102, 41103, or 41302 of this title; or

(D) a regulation of the United States Postal Service under

this part.

(2) A separate violation occurs under this subsection for each

day the violation (other than a violation of section 41719) continues

or, if applicable, for each flight involving the violation (other than

a violation of section 41719). (3) PENALTY FOR DIVERSION OF AVIATION REVENUES.—The

amount of a civil penalty assessed under this section for a violation of section 47107(b) of this title (or any assurance made

under such section) or section 47133 of this title may be increased above the otherwise applicable maximum amount

under this section to an amount not to exceed 3 times the

amount of revenues that are used in violation of such section.

(4) AVIATION SECURITY VIOLATIONS.—Notwithstanding

paragraph (1) of this subsection, the maximum civil penalty for

violating chapter 449 or another requirement under this title

administered by the Under Secretary of Transportation for Security shall be $10,000; except that the maximum civil penalty

shall be $25,000 in the case of a person operating an aircraft

for the transportation of passengers or property for compensation (except an individual serving as an airman).

(5) PENALTIES APPLICABLE TO INDIVIDUALS AND SMALL

BUSINESS CONCERNS.—

(A) An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty of not more than $10,000 for

violating—

(i) chapter 401 (except sections 40103(a) and (d),

40105, 40106(b), 40116, and 40117), section 44502 (b)

or (c), chapter 447 (except sections 44717–44723), or

chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title; or

(ii) a regulation prescribed or order issued under

any provision to which clause (i) applies.

(B) A civil penalty of not more than $10,000 may be

imposed for each violation under paragraph (1) committed

by an individual or small business concern related to—

(i) the transportation of hazardous material;

(ii) the registration or recordation under chapter

441 of an aircraft not used to provide air transpor- tation;

(iii) a violation of section 44718(d), relating to the

limitation on construction or establishment of land- fills;

(iv) a violation of section 44725, relating to the

safe disposal of life-limited aircraft parts; or

(v) a violation of section 40127 or section 41705, relating to discrimination. (C) Notwithstanding paragraph (1), the maximum civil

penalty for a violation of section 41719 committed by an

individual or small business concern shall be $5,000 in- stead of $1,000.

(D) Notwithstanding paragraph (1), the maximum civil

penalty for a violation of section 41712 (including a regula- tion prescribed or order issued under such section) or any

other regulation prescribed by the Secretary by an individual or small business concern that is intended to afford

consumer protection to commercial air transportation passengers shall be $2,500 for each violation.

(b) SMOKE ALARM DEVICE PENALTY.—(1) A passenger may not

tamper with, disable, or destroy a smoke alarm device located in

a lavatory on an aircraft providing air transportation or intrastate

air transportation. (2) An individual violating this subsection is liable to the Government for a civil penalty of not more than $2,000.

(c) PROCEDURAL REQUIREMENTS.—(1) The Secretary of Transportation may impose a civil penalty for the following violations

only after notice and an opportunity for a hearing:
172

(A) a violation of subsection (b) of this section or chapter

411, chapter 413 (except sections 41307 and 41310(b)–(f)),

chapter 415 (except sections 41502, 41505, and 41507–41509),

chapter 417 (except sections 41703, 41704, 41710, 41713, and

41714), chapter 419, subchapter II of chapter 421, or section

44909 of this title.

(B) a violation of a regulation prescribed or order issued

under any provision to which clause (A) of this paragraph applies.

(C) a violation of any term of a certificate or permit issued

under section 41102, 41103, or 41302 of this title.

(D) a violation under subsection (a)(1) of this section related to the transportation of hazardous material.

(2) The Secretary shall give written notice of the finding of a

violation and the civil penalty under paragraph (1) of this subsection.

(d) ADMINISTRATIVE IMPOSITION OF PENALTIES.—(1) In this

subsection—

(A) ‘‘flight engineer’’ means an individual who holds a

flight engineer certificate issued under part 63 of title 14, Code

of Federal Regulations.

(B) ‘‘mechanic’’ means an individual who holds a mechanic

certificate issued under part 65 of title 14, Code of Federal

Regulations.

(C) ‘‘pilot’’ means an individual who holds a pilot certificate

issued under part 61 of title 14, Code of Federal Regulations. (D) ‘‘repairman’’ means an individual who holds a repair- man certificate issued under part 65 of title 14, Code of Fed- eral Regulations.

(2) The Administrator of the Federal Aviation Administration

may impose a civil penalty for a violation of chapter 401 (except

sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117),

chapter 441 (except section 44109), section 44502(b) or (c), chapter

447 (except sections 44717 and 44719–44723) or section 46301(b), 46302 (for a violation relating to section 46504), 46318, or 47107(b)

(as further defined by the Secretary under section 47107(l) and

including any assurance made under section 47107(b)) of this

title or a regulation prescribed or order issued under any of those

provisions. The Secretary of Homeland Security may impose a civil

penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and

449 09), 46 30 2 (e xc ep t for a viol a tion rel a ting to sec tion

465 04), 4 630 3, or a regulation prescribed or order issued under

such chapter 449. The Secretary of Homeland Security or

Administrator shall give written notice of the finding of a

violation and the penalty.

(3) In a civil action to collect a civil penalty imposed by the

Secretary of Homeland Security or Administrator under this

subsection, the issues of liability and the amount of the penalty

may not be reexamined.

(4) Notwithstanding paragraph (2) of this subsection, the dis- trict courts of the United States have exclusive jurisdiction of a

civil action involving a penalty the Secretary of Homeland

Security or Administrator initiates if—

(A) the amount in controversy is more than—

(i) $50,000 if the violation was committed by any

person before the date of enactment of the Vision

100—Century of Aviation Reauthorization Act;

(ii) $400,000 if the violation was committed by a

person other than an individual or small business con- cern

on or after that date; or

(iii) $50,000 if the violation was committed by an

individual or small business concern on or after that

date;

(B) the action is in rem or another action in rem based on

the same violation has been brought;

(C) the action involves an aircraft subject to a lien that has

been seized by the Government; or

(D) another action has been brought for an injunction

based on the same violation.

(5)(A) The Administrator may issue an order imposing a penalty under this subsection against an individual acting as a pilot,

flight engineer, mechanic, or repairman only after advising the individual of the charges or any reason the Administrator relied on

for the proposed penalty and providing the individual an opportunity to answer the charges and be heard about why the order

shall not be issued.

(B) An individual acting as a pilot, flight engineer, mechanic, or repairman may appeal an order imposing a penalty under this

subsection to the National Transportation Safety Board. After notice and an opportunity for a hearing on the record, the Board shall

affirm, modify, or reverse the order. The Board may modify a civil

penalty imposed to a suspension or revocation of a certificate.

(C) When conducting a hearing under this paragraph, the

Board is not bound by findings of fact of the Administrator but is

bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy

guidance available to the public related to sanctions to be imposed

under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law.

(D) When an individual files an appeal with the Board under

this paragraph, the order of the Administrator is stayed.

(6) An individual substantially affected by an order of the

Board under paragraph (5) of this subsection, or the Administrator

when the Administrator decides that an order of the Board under

paragraph (5) will have a significant adverse impact on carrying

out this part, may obtain judicial review of the order under section

46110 of this title. The Administrator shall be made a party to the

judicial review proceedings. Findings of fact of the Board are con-
173

clusive if supported by substantial evidence.

(7)(A) The Administrator may impose a penalty on a person

(except an individual acting as a pilot, flight engineer, mechanic, or repairman) only after notice and an opportunity for a hearing

on the record.

(B) In an appeal from a decision of an administrative law judge

as the result of a hearing under subparagraph (A) of this paragraph, the Administrator shall consider only whether—

(i) each finding of fact is supported by a preponderance of

reliable, probative, and substantial evidence;

(ii) each conclusion of law is made according to applicable

law, precedent, and public policy; and

(iii) the judge committed a prejudicial error that supports

the appeal.

(C) Except for good cause, a civil action involving a penalty

under this paragraph may not be initiated later than 2 years after

the violation occurs.

(D) In the case of a violation of section 47107(b) of this title

or any assurance made under such section—

(i) a civil penalty shall not be assessed against an individual;

(ii) a civil penalty may be compromised as provided under

subsection (f); and

(iii) judicial review of any order assessing a civil penalty

may be obtained only pursuant to section 46110 of this title.

(8) The maximum civil penalty the Under Secretary, Administrator, or Board may impose under this subsection is— (A) $50,000 if the violation was committed by any

person before the date of enactment of the Vision 100— Century of Aviation Reauthorization Act;

(B) $400,000 if the violation was committed by a person other than an individual or small business concern on

or after that date; or

(C) $50,000 if the violation was committed by an in- dividual or small business concern on or after that date.

(9) This subsection applies only to a violation occurring after

August 25, 1992. (e) PENALTY CONSIDERATIONS.—In determining the amount of

a civil penalty under subsection (a)(3) of this section related to

transportation of hazardous material, the Secretary shall

consider—

(1) the nature, circumstances, extent, and gravity of the

violation;

(2) with respect to the violator, the degree of culpability,

any history of prior violations, the ability to pay, and any effect

on the ability to continue doing business; and

(3) other matters that justice requires.

(f) COMPROMISE AND SETOFF.—(1)(A) The Secretary may compromise the amount of a civil penalty imposed for violating—

(i) chapter 401 (except sections 40103(a) and (d), 40105,

40116, and 40117), chapter 441 (except section 44109), section

44502(b) or (c), chapter 447 (except sections 44717 and 44719–

44723), chapter 449 (except sections 44902, 44903(d), 44904,

44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or section 46302, 46303, or 47107(b) of this title; or

(ii) a regulation prescribed or order issued under any provision to which clause (i) of this subparagraph applies.

(B) The Postal Service may compromise the amount of a civil

penalty imposed under subsection (a)(1)(D) of this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this subsection from amounts it

owes the person liable for the penalty.

(g) JUDICIAL REVIEW.—An order of the Secretary or the Administrator imposing a civil penalty may be reviewed judicially only

under section 46110 of this title.

(h) NONAPPLICATION.—(1) This section does not apply to the

following when performing official duties:

(A) a member of the armed forces of the United States.

(B) a civilian employee of the Department of Defense subject to the Uniform Code of Military Justice.

(2) The appropriate military authority is responsible for taking

necessary disciplinary action and submitting to the Secretary (or

the Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the

Under Secretary or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator) a timely report on action taken.

(i) SMALL BUSINESS CONCERN DEFINED.—In this section, the

term ‘‘small business concern’’ has the meaning given that term in

section 3 of the Small Business Act (15 U.S.C. 632).

§ 46302. False information

(a) CIVIL PENALTY.—A person that, knowing the information to

be false, gives, or causes to be given, under circumstances in which

the information reasonably may be believed, false information

about an alleged attempt being made or to be made to do an act

that would violate section 46502(a), 46504, 46505, or 46506 of this

title, is liable to the United States Government for a civil penalty

of not more than $10,000 for each violation.

(b) COMPROMISE AND SETOFF.—(1) The Secretary of Homeland

Security and, for a violation relating to section 46504, the Secretary of

Transportation, may compromise the amount of a civil penalty

imposed under subsection (a) of this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes

the person liable for the penalty.
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§ 46303. Carrying a weapon

(a) CIVIL PENALTY.—An individual who, when on, or attempt- ing to board, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous

weapon that is or would be accessible to the individual in flight is

liable to the United States Government for a civil penalty of not

more than $10,000 for each violation.

(b) COMPROMISE AND SETOFF.—(1) The Secretary of Homeland

Security may compromise the amount of a civil penalty

imposed under subsection (a) of this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes

the individual liable for the penalty.

(c) NONAPPLICATION.—This section does not apply to—

(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Government,

authorized to carry arms in an official capacity; or

(2) another individual the Administrator of the Federal

Aviation Administration or the Secretary of Homeland

Security by regulation authorizes to carry arms in an official

capacity.

§ 46304. Liens on aircraft

(a) AIRCRAFT SUBJECT TO LIENS.—When an aircraft is involved

in a violation referred to in section 46301(a)(1)(A)–(C) of this title

and the violation is by the owner of, or individual commanding, the

aircraft, the aircraft is subject to a lien for the civil penalty.

(b) SEIZURE.—An aircraft subject to a lien under this section

may be seized summarily and placed in the custody of a person authorized to take custody of it under regulations of the Secretary of

Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator). A report on the seizure shall be submitted to the Attorney General. The Attorney

General promptly shall bring a civil action in rem to enforce the

lien or notify the Secretary or Administrator that the action will

not be brought. (c) RELEASE.—An aircraft seized under subsection (b) of this

section shall be released from custody when—

(1) the civil penalty is paid;

(2) a compromise amount agreed on is paid;

(3) the aircraft is seized under a civil action in rem to en- force the lien;

(4) the Attorney General gives notice that a civil action

will not be brought under subsection (b) of this section; or

(5) a bond (in an amount and with a surety the Secretary

or Administrator prescribes), conditioned on payment of the

penalty or compromise, is deposited with the Secretary or Ad- ministrator.

§ 46305. Actions to recover civil penalties

A civil penalty under this chapter may be collected by bringing

a civil action against the person subject to the penalty, a civil action in rem against an aircraft subject to a lien for a penalty, or

both. The action shall conform as nearly as practicable to a civil

action in admiralty, regardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a jury trial

of an issue of fact in an action involving a civil penalty under this

chapter (except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board)

if the value of the matter in controversy is more than $20. Issues

of fact tried by a jury may be reexamined only under common law

rules.

§ 46306. Registration violations involving aircraft not providing air transportation

(a) APPLICATION.—This section applies only to aircraft not used

to provide air transportation.

(b) GENERAL CRIMINAL PENALTY.—Except as provided by subsection (c) of this section, a person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person—

(1) knowingly and willfully forges or alters a certificate authorized to be issued under this part;

(2) knowingly sells, uses, attempts to use, or possesses

with the intent to use, such a certificate;

(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about

the nationality or registration of the aircraft;

(4) obtains a certificate authorized to be issued under this

part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement, or

making or using a false document knowing it contains a false,

fictitious, or fraudulent statement or entry;

(5) owns an aircraft eligible for registration under section

44102 of this title and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when—

(A) the aircraft is not registered under section 44103

of this title or the certificate of registration is suspended

or revoked; or

(B) the owner knows or has reason to know that the

other person does not have proper authorization to operate

or navigate the aircraft without registration for a period of

time after transfer of ownership;

(6) knowingly and willfully operates or attempts to operate

an aircraft eligible for registration under section 44102 of this

title knowing that— (A) the aircraft is not registered under section 44103

of this title;
175

(B) the certificate of registration is suspended or re- voked; or

(C) the person does not have proper authorization to

operate or navigate the aircraft without registration for a

period of time after transfer of ownership;

(7) knowingly and willfully serves or attempts to serve in

any capacity as an airman without an airman’s certificate au- thorizing the individual to serve in that capacity;

(8) knowingly and willfully employs for service or uses in

any capacity as an airman an individual who does not have an

airman’s certificate authorizing the individual to serve in that

capacity; or

(9) operates an aircraft with a fuel tank or fuel system

that has been installed or modified knowing that the tank, system, installation, or modification does not comply with regulations and requirements of the Administrator of the Federal

Aviation Administration. (c) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—(1) In this

subsection, ‘‘controlled substance’’ has the same meaning given that

term in section 102 of the Comprehensive Drug Abuse Prevention

and Control Act of 1970 (21 U.S.C. 802).

(2) A person violating subsection (b) of this section shall be

fined under title 18, imprisoned for not more than 5 years, or both, if the violation is related to transporting a controlled substance by

aircraft or aiding or facilitating a controlled substance violation

and the transporting, aiding, or facilitating—

(A) is punishable by death or imprisonment of more than

one year under a law of the United States or a State; or

(B) that is provided is related to an act punishable by

death or imprisonment for more than one year under a law of

the United States or a State related to a controlled substance

(except a law related to simple possession of a controlled sub- stance).

(3) A term of imprisonment imposed under paragraph (2) of

this subsection shall be served in addition to, and not concurrently

with, any other term of imprisonment imposed on the individual.

(d) SEIZURE AND FORFEITURE.—(1) The Administrator of Drug

Enforcement or the Commissioner of Customs may seize and forfeit

under the customs laws an aircraft whose use is related to a violation of subsection (b) of this section, or to aid or facilitate a violation, regardless of whether a person is charged with the violation. (2) An aircraft’s use is presumed to have been related to a violation of, or to aid or facilitate a violation of—

(A) subsection (b)(1) of this section if the aircraft certificate

of registration has been forged or altered;

(B) subsection (b)(3) of this section if there is an external

display of false or misleading registration numbers or country

of registration;

(C) subsection (b)(4) of this section if—

(i) the aircraft is registered to a false or fictitious per- son; or

(ii) the application form used to obtain the aircraft cer- tificate of registration contains a material false statement;

(D) subsection (b)(5) of this section if the aircraft was oper- ated when it was not registered under section 44103 of this

title; or

(E) subsection (b)(9) of this section if the aircraft has a fuel

tank or fuel system that was installed or altered— (i) in violation of a regulation or requirement of the

Administrator of the Federal Aviation Administration; or

(ii) if a certificate required to be issued for the instal- lation or alteration is not carried on the aircraft.

(3) The Administrator of the Federal Aviation Administration, the Administrator of Drug Enforcement, and the Commissioner

shall agree to a memorandum of understanding to establish proce- dures to carry out this subsection.

(e) RELATIONSHIP TO STATE LAWS.—This part does not prevent

a State from establishing a criminal penalty, including providing

for forfeiture and seizure of aircraft, for a person that—

(1) knowingly and willfully forges or alters an aircraft cer- tificate of registration;

(2) knowingly sells, uses, attempts to use, or possesses

with the intent to use, a fraudulent aircraft certificate of registration;

(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about

the nationality or registration of the aircraft; or

(4) obtains an aircraft certificate of registration from the

Administrator of the Federal Aviation Administration by—

(A) knowingly and willfully falsifying or concealing a

material fact;

(B) making a false, fictitious, or fraudulent statement;

or

(C) making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry.

§ 46307. Violation of national defense airspace

A person that knowingly or willfully violates section

40103(b)(3) of this title or a regulation prescribed or order issued

under section 40103(b)(3) shall be fined under title 18, imprisoned

for not more than one year, or both.

§ 46308. Interference with air navigation

A person shall be fined under title 18, imprisoned for not more

than 5 years, or both, if the person—

(1) with intent to interfere with air navigation in the

United States, exhibits in the United States a light or signal

at a place or in a way likely to be mistaken for a true light

or signal established under this part or for a true light or signal used at an air navigation facility;

(2) after a warning from the Administrator of the Federal
176

Aviation Administration, continues to maintain a misleading

light or signal; or

(3) knowingly interferes with the operation of a true light

or signal.

§ 46309. Concession and price violations

(a) CRIMINAL PENALTY FOR OFFERING, GRANTING, GIVING, OR

HELPING TO OBTAIN CONCESSIONS AND LOWER PRICES.—An air carrier, foreign air carrier, ticket agent, or officer, agent, or employee

of an air carrier, foreign air carrier, or ticket agent shall be fined

under title 18 if the air carrier, foreign air carrier, ticket agent, officer, agent, or employee—

(1) knowingly and willfully offers, grants, or gives, or

causes to be offered, granted, or given, a rebate or other con- cession in violation of this part; or

(2) by any means knowingly and willfully assists, or will- ingly allows, a person to obtain transportation or services sub- ject to this part at less than the price lawfully in effect.

(b) CRIMINAL PENALTY FOR RECEIVING REBATES, PRIVILEGES, AND FACILITIES.—A person shall be fined under title 18 if the person by any means—

(1) knowingly and willfully solicits, accepts, or receives a

rebate of a part of a price lawfully in effect for the foreign air

transportation of property, or a service related to the foreign

air transportation; or

(2) knowingly solicits, accepts, or receives a privilege or facility related to a matter the Secretary of Transportation requires be specified in a currently effective tariff applicable to

the foreign air transportation of property.

§ 46310. Reporting and recordkeeping violations

(a) GENERAL CRIMINAL PENALTY.—An air carrier or an officer, agent, or employee of an air carrier shall be fined under title 18

for intentionally—

(1) failing to make a report or keep a record under this

part;

(2) falsifying, mutilating, or altering a report or record

under this part; or

(3) filing a false report or record under this part.

(b) SAFETY REGULATION CRIMINAL PENALTY.—An air carrier or

an officer, agent, or employee of an air carrier shall be fined under

title 18, imprisoned for not more than 5 years, or both, for intentionally falsifying or concealing a material fact, or inducing reliance

on a false statement of material fact, in a report or record under

section 44701(a) or (b) or any of sections 44702–44716 of this title.

§ 46311. Unlawful disclosure of information

(a) CRIMINAL PENALTY.—The Secretary of Transportation, the

Under Secretary of Transportation for Security with respect to se- curity duties and powers designated to be carried out by the Under

Secretary, the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated

to be carried out by the Administrator, or an officer or employee

of the Secretary, Under Secretary, or Administrator shall be fined

under title 18, imprisoned for not more than 2 years, or both, if the

Secretary, Under Secretary, Administrator, officer, or employee

knowingly and willfully discloses information that—

(1) the Secretary, Under Secretary, Administrator, officer,

or employee acquires when inspecting the records of an air carrier; or

(2) is withheld from public disclosure under section 40115

of this title.

(b) NONAPPLICATION.—Subsection (a) of this section does not

apply if—

(1) the officer or employee is directed by the Secretary,

Under Secretary, or Administrator to disclose information that

the Secretary, Under Secretary, or Administrator had ordered

withheld; or

(2) the Secretary, Under Secretary, Administrator, officer, or employee is directed by a court of competent jurisdiction to

disclose the information.

(c) WITHHOLDING INFORMATION FROM CONGRESS.—This section

does not authorize the Secretary, Under Secretary, or Administrator to withhold information from a committee of Congress authorized to have the information.

§ 46312. Transporting hazardous material

(a) IN GENERAL.—A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person, in violation of a regulation or requirement related to the transportation of

hazardous material prescribed by the Secretary of Transportation

under this part or chapter 51—

(1) willfully delivers, or causes to be delivered, property

containing hazardous material to an air carrier or to an operator of a civil aircraft for transportation in air commerce; or

(2) recklessly causes the transportation in air commerce of

the property.

(b) KNOWLEDGE OF REGULATIONS.—For purposes of subsection

(a), knowledge by the person of the existence of a regulation or requirement related to the transportation of hazardous material pre- scribed by the Secretary under this part or chapter 51 is not an

element of an offense under this section but shall be considered

in mitigation of the penalty.

§ 46313. Refusing to appear or produce records

A person not obeying a subpena or requirement of the Secretary of Transportation (or the Under Secretary of Transportation

for Security with respect to security duties and powers designated

to be carried out by the Under Secretary or the Administrator of
177

the Federal Aviation Administration with respect to aviation safety

duties and powers designated to be carried out by the Administrator) to appear and testify or produce records shall be fined under

title 18, imprisoned for not more than one year, or both.

§ 46314. Entering aircraft or airport area in violation of security requirements

(a) PROHIBITION.—A person may not knowingly and willfully

enter, in violation of security requirements prescribed under section 44901, 44903(b) or (c), or 44906 of this title, an aircraft or an

airport area that serves an air carrier or foreign air carrier.

(b) CRIMINAL PENALTY.—(1) A person violating subsection (a) of

this section shall be fined under title 18, imprisoned for not more

than one year, or both.

(2) A person violating subsection (a) of this section with intent

to commit, in the aircraft or airport area, a felony under a law of

the United States or a State shall be fined under title 18, imprisoned for not more than 10 years, or both.

§ 46315. Lighting violations involving transporting controlled substances by aircraft not providing air

transportation

(a) APPLICATION.—This section applies only to aircraft not used

to provide air transportation.

(b) CRIMINAL PENALTY.—A person shall be fined under title 18,

imprisoned for not more than 5 years, or both, if—

(1) the person knowingly and willfully operates an aircraft

in violation of a regulation or requirement of the Administrator

of the Federal Aviation Administration related to the display

of navigation or anticollision lights;

(2) the person is knowingly transporting a controlled substance by aircraft or aiding or facilitating a controlled substance offense; and

(3) the transporting, aiding, or facilitating—

(A) is punishable by death or imprisonment for more

than one year under a law of the United States or a State;

or

(B) is provided in connection with an act punishable

by death or imprisonment for more than one year under a

law of the United States or a State related to a controlled

substance (except a law related to simple possession of a

controlled substance).

§ 46316. General criminal penalty when specific penalty not

provided

(a) CRIMINAL PENALTY.—Except as provided by subsection (b)

of this section, when another criminal penalty is not provided

under this chapter, a person that knowingly and willfully violates

this part, a regulation prescribed or order issued by the Secretary

of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be

carried out by the Under Secretary or the Administrator of the

Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator)

under this part, or any term of a certificate or permit issued under

section 41102, 41103, or 41302 of this title shall be fined under

title 18. A separate violation occurs for each day the violation continues.

(b) NONAPPLICATION.—Subsection (a) of this section does not

apply to chapter 401 (except sections 40103(a) and (d), 40105,

40116, and 40117), chapter 441 (except section 44109), chapter 445,

chapter 447 (except sections 44718(a)), and chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title.

§ 46317. Criminal penalty for pilots operating in air transportation without an airman’s certificate

(a) GENERAL CRIMINAL PENALTY.—An individual shall be fined

under title 18 or imprisoned for not more than 3 years, or both, if

that individual—

(1) knowingly and willfully serves or attempts to serve in

any capacity as an airman operating an aircraft in air transportation without an airman’s certificate authorizing the individual to serve in that capacity; or

(2) knowingly and willfully employs for service or uses in

any capacity as an airman to operate an aircraft in air transportation an individual who does not have an airman’s certificate authorizing the individual to serve in that capacity.

(b) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—

(1) CONTROLLED SUBSTANCES DEFINED.—In this subsection,

the term ‘‘controlled substance’’ has the meaning given that

term in section 102 of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 (21 U.S.C. 802).

(2) CRIMINAL PENALTY.—An individual violating subsection

(a) shall be fined under title 18 or imprisoned for not more

than 5 years, or both, if the violation is related to transporting

a controlled substance by aircraft or aiding or facilitating a

controlled substance violation and that transporting, aiding, or

facilitating—

(A) is punishable by death or imprisonment of more

than 1 year under a Federal or State law; or

(B) is related to an act punishable by death or imprisonment for more than 1 year under a Federal or State law

related to a controlled substance (except a law related to

simple possession (as that term is used in section 46306(c))

of a controlled substance).

(3) TERMS OF IMPRISONMENT.—A term of imprisonment imposed under paragraph (2) shall be served in addition to, and

not concurrently with, any other term of imprisonment im-
178

posed on the individual subject to the imprisonment.

§ 46318. Interference with cabin or flight crew

(a) GENERAL RULE.—An individual who physically assaults or

threatens to physically assault a member of the flight crew or cabin

crew of a civil aircraft or any other individual on the aircraft, or

takes any action that poses an imminent threat to the safety of the

aircraft or other individuals on the aircraft is liable to the United

States Government for a civil penalty of not more than $25,000.

(b) COMPROMISE AND SETOFF.—

(1) COMPROMISE.—The Secretary may compromise the

amount of a civil penalty imposed under this section.

(2) SETOFF.—The United States Government may deduct

the amount of a civil penalty imposed or compromised under

this section from amounts the Government owes the person liable for the penalty.

§ 46319. Permanent closure of an airport without providing

sufficient notice

(a) PROHIBITION.—A public agency (as defined in section 47102)

may not permanently close an airport listed in the national plan

of integrated airport systems under section 47103 without pro- viding written notice to the Administrator of the Federal Aviation

Administration at least 30 days before the date of the closure.

(b) PUBLICATION OF NOTICE.—The Administrator shall publish

each notice received under subsection (a) in the Federal Register.

(c) CIVIL PENALTY.—A public agency violating subsection (a)

shall be liable for a civil penalty of $10,000 for each day that the

airport remains closed without having given the notice required by

this section.

CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF

THE UNITED STATES

Sec. 46501. Definitions.

46502. Aircraft piracy. 46503. Interference with security screening personnel.

46504. Interference with flight crew members and attendants. 46505. Carrying a weapon or explosive on an aircraft.

46506. Application of certain criminal laws to acts on aircraft. 46507. False information and threats.

§ 46501. Definitions

In this chapter—

(1) ‘‘aircraft in flight’’ means an aircraft from the moment

all external doors are closed following boarding—

(A) through the moment when one external door is

opened to allow passengers to leave the aircraft; or

(B) until, if a forced landing, competent authorities

take over responsibility for the aircraft and individuals

and property on the aircraft.

(2) ‘‘special aircraft jurisdiction of the United States’’ in- cludes any of the following aircraft in flight:

(A) a civil aircraft of the United States.

(B) an aircraft of the armed forces of the United

States.

(C) another aircraft in the United States.

(D) another aircraft outside the United States— (i) that has its next scheduled destination or last

place of departure in the United States, if the aircraft

next lands in the United States;

(ii) on which an individual commits an offense (as

defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) if the aircraft lands in the

United States with the individual still on the aircraft;

or

(iii) against which an individual commits an offense (as defined in subsection (d) or (e) of article I,

section I of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation) if the

aircraft lands in the United States with the individual

still on the aircraft.

(E) any other aircraft leased without crew to a lessee

whose principal place of business is in the United States

or, if the lessee does not have a principal place of business, whose permanent residence is in the United States.

(3) an individual commits an offense (as defined in the

Convention for the Suppression of Unlawful Seizure of Air- craft) when the individual, when on an aircraft in flight—

(A) by any form of intimidation, unlawfully seizes, ex- ercises control of, or attempts to seize or exercise control

of, the aircraft; or

(B) is an accomplice of an individual referred to in

subclause (A) of this clause.

§ 46502. Aircraft piracy

(a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) In this

subsection—

(A) ‘‘aircraft piracy’’ means seizing or exercising control of

an aircraft in the special aircraft jurisdiction of the United

States by force, violence, threat of force or violence, or any

form of intimidation, and with wrongful intent.

(B) an attempt to commit aircraft piracy is in the special

aircraft jurisdiction of the United States although the aircraft

is not in flight at the time of the attempt if the aircraft would

have been in the special aircraft jurisdiction of the United

States had the aircraft piracy been completed.

(2) An individual committing or attempting or conspiring to

commit aircraft piracy—

(A) shall be imprisoned for at least 20 years; or

(B) notwithstanding section 3559(b) of title 18, if the death
179

of another individual results from the commission or attempt,

shall be put to death or imprisoned for life. (b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) An individual committing or conspiring to commit an offense (as defined

in the Convention for the Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft jurisdiction

of the United States—

(A) shall be imprisoned for at least 20 years; or

(B) notwithstanding section 3559(b) of title 18, if the death

of another individual results from the commission or attempt,

shall be put to death or imprisoned for life.

(2) There is jurisdiction over the offense in paragraph (1) if—

(A) a national of the United States was aboard the aircraft;

(B) an offender is a national of the United States; or

(C) an offender is afterwards found in the United States.

(3) For purposes of this subsection, the term ‘‘national of the

United States’’ has the meaning prescribed in section 101(a)(22) of

the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

§ 46503. Interference with security screening personnel

An individual in an area within a commercial service airport

in the United States who, by assaulting a Federal, airport, or air

carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens

the ability of the employee to perform those duties, shall be fined

under title 18, imprisoned for not more than 10 years, or both. If

the individual used a dangerous weapon in committing the assault

or interference, the individual may be imprisoned for any term of

years or life imprisonment.

§ 46504. Interference with flight crew members and attend- ants

An individual on an aircraft in the special aircraft jurisdiction

of the United States who, by assaulting or intimidating a flight

crew member or flight attendant of the aircraft, interferes with the

performance of the duties of the member or attendant or lessens

the ability of the member or attendant to perform those duties, or

attempts or conspires to do such an act, shall be fined under title

18, imprisoned for not more than 20 years, or both. However, if a

dangerous weapon is used in assaulting or intimidating the mem- ber or attendant, the individual shall be imprisoned for any term

of years or for life.

§ 46505. Carrying a weapon or explosive on an aircraft

(a) DEFINITION.—In this section, ‘‘loaded firearm’’ means a

starter gun or a weapon designed or converted to expel a projectile

through an explosive, that has a cartridge, a detonator, or powder

in the chamber, magazine, cylinder, or clip.

(b) GENERAL CRIMINAL PENALTY.—An individual shall be fined

under title 18, imprisoned for not more than 10 years, or both, if

the individual—

(1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air

transportation, has on or about the individual or the property

of the individual a concealed dangerous weapon that is or

would be accessible to the individual in flight;

(2) has placed, attempted to place, or attempted to have

placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or

(3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft,

an explosive or incendiary device.

(c) CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN

LIFE.—An individual who willfully and without regard for the safety of human life, or with reckless disregard for the safety of human

life, violates subsection (b) of this section, shall be fined under title

18, imprisoned for not more than 20 years, or both, and, if death

results to any person, shall be imprisoned for any term of years or

for life.

(d) NONAPPLICATION.—Subsection (b)(1) of this section does not

apply to—

(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States

Government, authorized to carry arms in an official capacity;

(2) another individual the Administrator of the Federal

Aviation Administration or the Under Secretary of Transportation for Security by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or

(3) an individual transporting a weapon (except a loaded

firearm) in baggage not accessible to a passenger in flight if

the air carrier was informed of the presence of the weapon.

(e) CONSPIRACY.—If two or more persons conspire to violate

subsection (b) or (c), and one or more of such persons do any act

to effect the object of the conspiracy, each of the parties to such

conspiracy shall be punished as provided in such subsection.

§ 46506. Application of certain criminal laws to acts on aircraft

An individual on an aircraft in the special aircraft jurisdiction

of the United States who commits an act that—

(1) if committed in the special maritime and territorial ju- risdiction of the United States (as defined in section 7 of title

18) would violate section 113, 114, 661, 662, 1111, 1112, 1113,

or 2111 or chapter 109A of title 18, shall be fined under title

18, imprisoned under that section or chapter, or both; or

(2) if committed in the District of Columbia would violate

section 9 of the Act of July 29, 1892 (D.C. Code §22-1112), shall be fined under title 18, imprisoned under section 9 of the

Act, or both.
180

§ 46507. False information and threats

An individual shall be fined under title 18, imprisoned for not

more than 5 years, or both, if the individual—

(1) knowing the information to be false, willfully and mali- ciously or with reckless disregard for the safety of human life,

gives, or causes to be given, under circumstances in which the

information reasonably may be believed, false information

about an alleged attempt being made or to be made to do an

act that would violate section 46502(a), 46504, 46505, or 46506

of this title; or

(2)(A) threatens to violate section 46502(a), 46504, 46505,

or 46506 of this title, or causes a threat to violate any of those

sections to be made; and

(B) has the apparent determination and will to carry out

the threat.