U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 115TH CONGRESS

2d Session 

REPORT

2018

115–266 

Calendar No. 444 

TSA MODERNIZATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1872 

JUNE 6, 2018.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

TED CRUZ, Texas AMY KLOBUCHAR, Minnesota 

DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut 

JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii 

DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts 

DEAN HELLER, Nevada TOM UDALL, New Mexico 

JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan 

MIKE LEE, Utah TAMMY BALDWIN, Wisconsin 

RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois 

SHELLEY MOORE CAPITO, West Virginia MARGARET WOOD HASSAN, New Hampshire 

CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada 

TODD C. YOUNG, Indiana JON TESTER, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 


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1P.L. 107–71, 115 Stat. 597. 

2 U.S. Department of Homeland Security (DHS), ‘‘FY 2016 Budget in Brief.’’ (http:// 

www.dhs.gov/sites/default/files/publications/FY_2016_DHS_Budget_in_Brief.pdf) 

Calendar No. 444 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–266 

TSA MODERNIZATION ACT 

JUNE 6, 2018.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1872] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1872) to authorize the programs of 

the Transportation Security Administration relating to transportation security, and for other purposes, having considered the 

same, reports favorably thereon with an amendment (in the nature 

of a substitute) and recommends that the bill (as amended) do 

pass. 

PURPOSE OF THE BILL

The purpose of S. 1872, the TSA Modernization Act, is to authorize the programs of the Transportation Security Administration 

(TSA) relating to transportation security, and for other purposes. 

BACKGROUND AND NEEDS

The TSA was established by the Aviation and Transportation Security Act in response to the September 11, 2001, attacks in order 

to strengthen the security of the Nation’s transportation systems 

and ensure the freedom of movement for people and commerce.1

The TSA is tasked with protecting aviation, rail, mass transit, 

highway, and pipeline sectors from terrorist attacks. The TSA employs over 50,000 full-time equivalent individuals,2 and TSA offiVerDate Sep 11 2014 02:48 Jun 10, 2018 Jkt 079010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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3 Administrator of the Transportation Security Administration, ‘‘TSA Year in Review,’’ January 12, 2017. (http://tsa.gov/blog/2017/01/12/tsa-year-review-record-amount-firearmsdiscovered-2016) 4DHS, ‘‘Fact Sheet: Aviation Security Enhancements for Select Last Point of Departure Airports with Commercial Flights to the United States’’ (updated July 21, 2017). (https:// 

www.dhs.gov/news/2017/03/21/fact-sheet-aviation-security-enhancements-select-last-pointdeparture-airports) 5DHS, ‘‘National Terrorism Advisory System Bulletin,’’ (reissued November 9, 2017). (https:// 

www.dhs.gov/sites/default/files/ntas/alerts/17_1109_NTAS_Bulletin.pdf) 6P.L. 114–90, 130 Stat. 615. 

cers screened 738 million airline passengers, 466 million checked 

bags, and 24.2 million airport employees in 2016.3

The TSA faces a number of current challenges and threats to the 

aviation environment. According to the Department of Homeland 

Security (DHS), evaluated intelligence indicates that terrorist 

groups continue to target commercial aviation and are aggressively 

pursuing innovative methods to undertake their attacks, including 

smuggling explosive devices in consumer items.4 The November 9, 

2017, DHS National Terrorism Advisory System Bulletin noted 

that terrorists continue to target commercial aviation and air 

cargo, including with concealed explosives.5 One of the TSA’s leading threat concerns relates to identifying explosives disguised in 

certain personal electronic devices (PEDs). These threats demonstrate the need to more quickly deploy newly advanced technologies to address vulnerabilities. However, the TSA has historically undertaken a lengthy process to test, evaluate, procure, and 

deploy new security technologies. 

Another area of interest and need is the procurement and use of 

explosive detection canine teams. The Government Accountability 

Office (GAO), the DHS Inspector General, and other independent 

testers have proven canine teams to be one of the most effective 

means of detecting explosive substances. However, critics complain 

that the TSA is not able to deploy enough passenger screening canines due to a limited supply, the lengthy training process, and the 

limited number of training locations. 

Recent public area security incidents also have focused attention 

on the challenges of securing the public areas of airports not subject to checkpoint screening. Such events include a shooting, in 

January 2017, in the baggage claim area at Fort Lauderdale Hollywood International Airport; and a bombing, in March 2016, in the 

public terminal area of the Brussels, Belgium airport, and at a 

nearby metro station. 

The bill addresses challenges related to the following: airport 

public area security; canine deployment; last point of departure 

(LPD) airports; acquisition and deployment of innovative screening 

technologies and checkpoint designs; PreCheck Program expansion; 

and air traveler delays. The bill was developed based on testimony 

from ongoing Committee oversight on security issues, including a 

February 2017 hearing of the Subcommittee on Aviation Operations, Safety, and Security regarding TSA stakeholder perspectives, as well as the recommendations of other aviation stakeholders and oversight of the TSA’s implementation of the aviation 

security provisions in the FAA Extension, Safety, and Security Act 

of 2016 (FESSA),6 among other things. 


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SUMMARY OF PROVISIONS

The bill would focus on the following thematic areas: reforming 

agency organizational structure; advancing security technologies; 

addressing public area security; improving passenger and cargo security; updating foreign airport security regulatory processes; improving cockpit and cabin security; and making technical amendments to title 49 of the United States Code. 

Specifically, the bill would do the following: 

• 5-year term. The bill would ensure stability and consistent 

leadership at the TSA by establishing a 5-year term for the 

TSA Administrator (appointed by the President and confirmed 

by the Senate), similar to the Federal Aviation Administration 

(FAA), and making the Deputy Administrator appointed by the 

President (but not subject to Senate confirmation). 

• Third party testing and evaluation. The bill would instruct the TSA to establish a program to authorize third party 

testing and evaluation of security screening equipment as an 

alternative to the TSA’s current testing processes to speed up 

deployment of the latest security technologies. 

• PreCheck Program. The bill would build upon oversight of 

the PreCheck Program improvements enacted in FESSA by requiring the TSA to partner with at least two private sector 

companies to market and to increase enrollment opportunities 

for the program (e.g., mobile or by means other than biometrics 

that are evaluated and certified, or determined to be as effective as a fingerprint-based criminal history record checks) in 

order to vet and facilitate faster travel for more of the flying 

public. 

• Third party canines. The bill would require the TSA to develop standards that allow for use of third party explosives detection canines for the screening of passengers, property, and 

air cargo in order to increase the supply and deployment of canines at airports. 

• LPD airports. The bill would require the TSA to consult 

and notify specific aviation stakeholders prior to making 

changes to security standards for LPD airports to improve implementation of the TSA’s new security procedures. 

• Law Enforcement Officer (LEO) Reimbursement Program. 

The bill would promote greater security and law enforcement 

presence at airports by increasing the amount and number of 

awards via a $10 million increase in authorization of appropriations for the LEO Reimbursement Program, which many 

airports use to deploy police officers. • Passenger security fee. The bill would ensure money collected from the passenger security fee is credited as offsetting 

collections to appropriations for TSA aviation security measures starting in 2025 when the diversion of such fees for other 

purposes expires. 

• Screening Partnership Program (SPP) updates. The bill 

would expand opportunities to use the SPP, which allows airports, at their discretion, to employ private security contractors 

instead of TSA employees by authorizing individual operators 

of airport terminals and airport security checkpoints to also 

participate in the program. Under current law, applications 


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7 U.S. Congress, Senate Committee on Commerce, Science, and Transportation, closed Committee hearing, 115th Cong., 1st sess., February 7, 2017. 8 U.S. Congress, Senate Committee on Commerce, Science, and Transportation, Stakeholder 

Perspectives on Improving TSA for the Security of the Traveling Public, 115th Cong., 1st sess., 

February 16, 2017. 9 U.S. Congress, Senate Committee on Commerce, Science, and Transportation, TSA Modernization: Improvements to Aviation Security, 115th Cong., 1st sess., September 28, 2017. 

submitted under the program apply to all screening operations 

at an airport seeking to participate. 

• Real-time wait times. The bill would improve the traveler 

experience by requiring the TSA to make available to the public, online and at airport terminals, information on wait times 

at each airport security checkpoint. 

• Innovation Task Force (ITF). The bill would foster innovation in aviation security by building on existing TSA efforts to 

establish a government-industry task force to focus on identifying, developing, and accelerating the growth of aviation security technology and innovations. 

• Public area best practices. The bill would facilitate improved information sharing between the TSA and aviation 

stakeholders on public area security threats and best practices 

relating to protecting aviation infrastructure. 

• Biometrics expansion. The bill would direct the TSA, in 

coordination with U.S. Customs and Border Protection (CBP), 

to assess the operational and security impact of using biometric technology to identify passengers, and to facilitate the deployment of biometric technology at checkpoints and screening 

lanes. 

• Conforming and miscellaneous amendments. The bill 

would conform existing law to current TSA operations, including updating relevant references to reflect the current placement of the TSA under the DHS, and the current title of the 

TSA Administrator. 

LEGISLATIVE HISTORY

S. 1872 was introduced by Senator Thune (for himself and Senators Nelson, Blunt, and Cantwell) on September 27, 2017, and 

was referred to the Committee on Commerce, Science, and Transportation of the Senate. 

The Committee held briefings and hearings examining key issues 

that are addressed in the legislation, including the following: a 

classified threat briefing; 7 ‘‘Stakeholder Perspectives on Improving 

TSA for the Security of the Traveling Public’’; 8 and ‘‘TSA Modernization: Improvements to Aviation Security.’’ 9

On October 4, 2017, the Committee, by voice vote, ordered S. 

1872 reported favorably, with an amendment (in the nature of a 

substitute). The adopted amendments were as follows: 

• An amendment from Senators Thune and Blunt to make 

improvements to the Federal Flight Deck Officer (FFDO) Program. 

• An amendment from Senators Thune, Nelson, Blunt, and 

Cantwell to make improvements for the screening of disabled 

passengers. 


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• An amendment from Senator Gardner to establish performance metrics and objectives for testing and verification of 

security technologies. 

• An amendment from Senator Inhofe to include institutions of higher education in third party canine activities. 

• An amendment from Senator Markey to conduct a pilot 

program to test the use of computed tomography technology. 

• An amendment from Senator Schatz to conduct a privacy 

assessment of expanding the use of biometric data. 

Similar legislation, S. 763, the Surface and Maritime Transportation Security Act, was introduced by Senator Thune (for himself 

and Senators Nelson, Fischer, and Booker) on March 29, 2017, to 

improve surface and maritime transportation security. On April 5, 

2017, the Committee met in open Executive Session and ordered 

S. 763 reported favorably with an amendment (in the nature of a 

substitute). 

Chairman of the Committee on Homeland Security of the House 

of Representatives, Representative Michael McCaul, introduced 

H.R. 2825, the Department of Homeland Security Authorization 

Act, which is a bill to amend the Department of Homeland Security 

Act of 2002 (Act of 2002) to make certain improvements in the laws 

administered by the Secretary of DHS (Secretary), and for other 

purposes, on June 8, 2017. H.R. 2825 contains a title related to the 

authorization of the TSA, since the TSA is a component of the 

DHS. That bill was referred to the Committee on Homeland Security, which, on June 14, 2017, ordered it reported by voice vote. On 

July 20, 2017, the House of Representatives passed H.R. 2825 by 

a vote of 386–41. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1872—TSA Modernization Act 

Summary: S. 1872 would authorize gross appropriations totaling 

$24 billion over the 2018–2020 period for activities of the Transportation Security Administration (TSA), which is responsible for the 

security of all modes of public transportation in the United States. 

Assuming appropriation of the authorized amounts as well as collections of certain fees that would offset a portion of the agency’s 

costs, CBO estimates that implementing S. 1872 would, on net, cost 

$16.2 billion over the 2018–2022 period. 

Enacting the bill would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting S. 1872 would not increase net direct spending or on-budget deficit in any of the four consecutive 10- 

year periods beginning in 2028. 

S. 1872 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 1872 is shown in the following table. The costs 

of this legislation fall within budget function 400 (transportation). 


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By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2018– 

2022 

INCREASES OR DECREASES (¥) IN SPENDING SUBJECT TO APPROPRIATION 

Gross TSA Spending: 

Authorization Level .................................................. 7,957 7,996 8,035 0 0 23,988 

Estimated Outlays ................................................... 5,968 7,588 7,864 2,006 401 23,827 

Aviation Security Fees: 

Esimated Authorization Level .................................. ¥2,470 ¥2,550 ¥2,630 0 0 ¥7,650 

Estimated Outlays ................................................... ¥2,470 ¥2,550 ¥2,630 0 0 ¥7,650 

Total Changes: 

Estimated Authorization Level ........................ 5,487 5,446 5,405 0 0 16,338 

Estimated Outlays .......................................... 3,498 5,038 5,234 2,006 401 16,177 

Basis of estimate: For this estimate, CBO assumes that S. 1872 

will be enacted early in fiscal year 2018 and that authorized 

amounts will be provided near the start of each year. 

S. 1872 would authorize gross appropriations totaling nearly $8 

billion in 2018 and $24 billion over the 2018–2022 period for certain activities of the TSA. (By comparison, on an annualized basis, 

TSA received about $7 billion for those activities in 2018 under the 

Continuing Appropriations Act, 2018, and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.) That three-year 

total includes: 

• $23.5 billion for TSA’s operating and maintenance expenses, including salaries and benefits for most of the agency’s 

workforce; 

• $276 million for technologies and activities related to monitoring ‘‘exit lanes’’ used by passengers to exit secure areas of 

airports; and 

• $165 million to reimburse costs incurred by public entities 

to deploy additional law enforcement officers at airports. 

On the basis of historical spending patterns for TSA programs, 

CBO estimates that gross outlays under S. 1872 would total nearly 

$6 billion in 2018 and $24 billion over the 2018–2022 period. 

Because TSA is authorized to collect fees to offset a portion of 

gross funding provided for aviation security programs, CBO also estimates that implementing S. 1872 would increase offsetting collections. Specifically, under current law, commercial airlines charge 

passengers a fee of $5.60 per one-way trip in air transportation 

that originates at an airport in the U.S., subject to an overall cap 

of $11.20 per round trip; those fees are remitted to the federal government. Based on an analysis of information from TSA and other 

federal agencies about anticipated volume of commercial airline 

passengers and travel patterns, CBO estimates that such fees 

would total nearly $7.7 billion over the 2018–2022 period, thus reducing the net appropriations that would be necessary to implement the legislation. Accordingly, CBO estimates that S. 1872 

would, on net, authorize appropriations totaling $16.3 billion over 

the 2018–2022 period and that resulting net outlays would total 

$16.2 billion. 

Pay-As-You-Go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting S. 1872 would not increase net direct spending 

or on-budget deficits in any of the four consecutive 10-year periods 

beginning in 2028. 


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Estimated impact on public and private entities: S. 1872 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. 

Estimated prepared by: Federa1 costs: Megan Carroll; Intergovernmental and private-sector impact: Jon Sperl. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 1872 would affect millions of air travelers, pilots, and crew 

who fly within and to the United States, as well as those air carriers and airports that facilitate flights within and to the United 

States. These individuals are already subject to TSA regulations 

and the bill would not subject additional groups or classes to new 

mandates. Specific provisions within S. 1872 would seek to reduce 

the regulatory and administrative burdens on certain groups, including operators of airports, terminals, or checkpoints that opt to 

participate in the Screening Partnership Program, disabled passengers, passengers who are seeking expedited screening, and pilots interested in participating in the FFDO Program. 

ECONOMIC IMPACT

S. 1872 is intended to positively impact the travel industry by 

better facilitating the flow of commerce and the traveling public 

through the security screening process at airports. It would save 

passengers time and, thus, money by providing them with more options to take advantage of expedited security screening, improved 

screening technologies, and information about checkpoint wait 

times in real time. The bill also would improve coordination regarding new security directives and emergency amendments with air 

carriers operating flights from LPD airports so that such measures 

are better harmonized with carrier operations. 

PRIVACY

S. 1872 would have a minimal impact on the personal privacy of 

U.S. citizens. This bill would encourage the facilitation of the deployment of innovative technologies for aviation security, such as 

biometric technology at checkpoints, but also would require the 

TSA to assess the effects on privacy of the expansion of the use of 

biometric technology, including methods to mitigate any risks to 

privacy identified by the TSA related to the active or passive collection of biometric data. 

This bill also would direct the TSA, in consultation with the 

Commissioner of the CBP, to review each trusted traveler program 

and identify any improvements that could be made to increase information and data sharing across such programs and to allow the 

public to access and link to the applications for enrollment in all 

such programs from one online portal. Finally, this legislation 


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would affect the privacy of certain air carrier and airport employees as it would authorize air carriers, airports, and airport operators to get immediate notification of any criminal activity relating 

to an employee with access to an airport or its perimeter. 

PAPERWORK

The Committee does not anticipate a significant increase in paperwork burdens resulting from the passage of this legislation. In 

those areas where the bill does require additional paperwork, it is 

aimed at improving aviation security and is otherwise part of the 

normal duties of the affected agencies. The Secretary, the TSA Administrator, the Comptroller General, the Air Cargo Subcommittee 

of the Aviation Security Advisory Committee (ASAC), and a TSAestablished innovation task force would be required to prepare a 

variety of reports and studies for Congress. These reports would 

provide the legislative branch and public with critical information, 

assessments, reviews, and recommendations that would enhance 

the ability of the Committee to carry out its oversight responsibilities with regard to aviation security policy and programs. 

In order to ensure the security of the national airspace system, 

manufacturers of security technology systems would encounter paperwork requirements to voluntarily participate in the TSA-developed framework for third party testing and verification of security 

technology. Third party explosives detection canine teams also 

would encounter paperwork to voluntarily satisfy any new standards for the screening of individuals, property, and air cargo. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents; references. 

This section would provide that the bill may be cited as the ‘‘TSA 

Modernization Act.’’ This section also would provide a table of contents for the bill. 

Section 2. Definitions. 

This section would define the terms ‘‘Administrator,’’ ‘‘appropriate committees of Congress,’’ ‘‘ASAC,’’ ‘‘Secretary,’’ and ‘‘TSA’’ 

used in this Act. 

TITLE I—ORGANIZATIONS AND AUTHORIZATIONS

Section 101. Authorization of appropriations. 

This section would provide an authorization of appropriations for 

the TSA for salaries, operations, and maintenance of the TSA at an 

amount of $7,810,196,000 for fiscal year (FY) 2018, $7,849,247,000 

for FY 2019, and $7,888,494,000 for FY 2020. The enacted funding 

for FY 2017 was $7,771,340,000. 


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Section 102. Administrator of the Transportation Security Administration; 5-year term. 

This section would make technical and conforming amendments 

to title 49 of the United States Code to reflect the current title of 

the TSA Administrator and the transfer of the TSA from the Department of Transportation to the DHS. This section would outline 

the pay scale and qualifications necessary for an individual to serve 

as the Administrator or Deputy Administrator, as well as the functions of each position. This section also would set a 5-year term for 

any TSA Administrator serving a term that began after August 1, 

2017. 

Section 103. Transportation Security Administration organization. 

This section would amend title 49 of the United States Code to 

account for key areas of the leadership and organizational structure of the TSA consistent with current practice. The TSA Administrator would be required to appoint individuals, each of whom 

would report directly to the TSA Administrator or the TSA Administrator’s designated direct report, to be responsible for each of the 

following areas: aviation security operations and training; surface 

transportation security operations and training; security policy and 

industry engagement; international strategy and operations; trusted and registered traveler programs; technology acquisition and deployment; inspection and compliance; civil rights, liberties, and 

traveler engagement; and legislative and public affairs. 

Section 104. Transmittals to Congress. 

This section would require the TSA to transmit each report, legislative proposal, or other communication of the Executive Branch 

related to the TSA, and required to be submitted, directly to Congress or the appropriate committees of Congress. 

TITLE II—AVIATION SECURITY

SUBTITLE A—SECURITY TECHNOLOGY

Section 201. Third party testing and evaluation of screening technology. 

This section would direct the TSA to develop and implement a 

program that enables third party testing and verification of screening technology as an alternative to the TSA’s testing and evaluation process before acquisition or deployment. The Committee intends that this third party testing include security technology algorithms. To the extent practicable and permissible under the law, 

the TSA would be required to share detection testing information 

and standards with appropriate international partners and coordinate with them to harmonize TSA testing and evaluation with relevant international standards. The TSA also would be required to 

develop a testing and verification framework for third party testing 

using a phased implementation approach to allow the TSA and the 

third party to establish best practices. The TSA would be required 

to request that ASAC’s Security Technology Subcommittee, in consultation with relevant industry representatives, develop and submit recommendations for the third party testing and verification 

framework. This section also would direct the TSA to prioritize 


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field testing and evaluation of security technology at airports and 

on site at manufacturing companies whenever possible. 

Section 202. Reciprocal recognition of security standards. 

This section would direct the TSA, in coordination with the European Civil Aviation Conference and Canadian Air Transport Security Authority, to develop a validation process for the reciprocal 

recognition of security equipment technology approvals among 

international security partners or recognized certification authorities for deployment. This validation process would be required to 

ensure that the certification process of each participating international security partner or recognized certification authority complies with the TSA security standards. 

Section 203. Transportation Security Laboratory. 

This section would authorize the TSA to administer the existing 

Transportation Security Laboratory (TSL), and would require the 

TSA to conduct periodic reviews on the screening technology test 

and evaluation process conducted at the TSL to identify any improvements that should be made to better support and facilitate acquisition decisions. 

Section 204. Innovation Task Force. 

This section would require the TSA to establish an ITF to cultivate innovations in aviation security, develop and recommend 

how to streamline requirements, and accelerate the development 

and introduction of innovative security technologies and improvements to aviation security operations. The ITF would be chaired by 

a designee of the TSA Administrator and be composed of members 

of offices within the TSA, other relevant components of DHS, and 

industry representatives that the Administrator considers appropriate. This section would require the ITF to identify and develop 

innovative technologies or emerging security capabilities designed 

to enhance aviation security, conduct quarterly meetings with industry, and submit to the appropriate committees of Congress an 

annual report on the effectiveness of key performance data from 

task force sponsored projects and checkpoint enhancements. 

Section 205. 5-Year technology investment plan update. 

This section would amend the Act of 2002 to require the TSA Administrator to annually submit to Congress an appendix to the 

budget request and publish in an unclassified format in the public 

domain an update of the 5-year technology investment plan and information about acquisitions completed during the preceding FY. 

Section 206. Biometrics expansion. 

This section would instruct the TSA, not later than 270 days 

after the date of enactment and in coordination with the CBP to 

do the following: assess the operational security impact of biometric 

technology to identify passengers; assess the effects on privacy of 

the expansion of the use of biometric technology, including methods 

to mitigate any risks to privacy related to the collection of biometric data; and facilitate, if appropriate, the deployment of such technology at checkpoints, screening lanes, bag drop and boarding 

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rity and facilitate passenger movement. The Committee intends 

that any deployment of biometric technology prioritize the alignment of the biometrics used for both the TSA and the CBP. This 

section also would require the TSA to submit to the appropriate 

committees of Congress a report on such assessments and deployment and to publish the privacy assessment on a publicly accessible website, if practicable. 

Section 207. Pilot program for automated exit lane technology. 

This section would direct the TSA, not later than 90 days after 

the date of enactment, to establish a pilot program in partnership 

with applicable airport directors to implement and evaluate the use 

of automated exit lane technology at small hub and nonhub airports. Appropriations to carry out this pilot program would be authorized at $15,000,000 for each of FY 2018 through FY 2020, and 

the Federal share of the cost of the pilot program under this section would not exceed 85 percent of the total cost of the program. 

The section also would require the GAO, not later than 2 years 

after the date of enactment, to report to the appropriate committees of Congress on the pilot program, including the level of participation, return on investment, and recommendations to expand or 

discontinue the pilot program. 

Section 208. Authorization of appropriations; exit lane security. 

This section would authorize appropriations for the TSA’s monitoring of passenger exit lane security at the amount of $77,000,000 

for FY 2018 through FY 2020. This is consistent with FY 2017 

funding. 

Section 209. Real-time security checkpoint wait times. 

This section would direct the TSA, not later than 18 months 

after the date of enactment, to make publicly available information 

on wait times at each airport security checkpoint. The TSA would 

be required to provide this information in real time via technology 

and publish it both online and in physical locations at the applicable airport terminal in a manner that does not increase public area 

security risks. This section also would define the term ‘‘wait time’’ 

as the period beginning when a passenger enters a queue for a 

screening checkpoint and ending when the passenger has begun divestment of items requiring screening at that checkpoint. 

Section 210. GAO report on universal deployment of advanced imaging technologies. 

This section would require the GAO to assess the cost to the TSA 

or an airport to redesign airport security areas to fully deploy advanced imaging technologies at airports where the TSA conducts or 

oversees security screening operations. This study would identify 

the costs to the TSA or an airport to purchase, install, and maintain advanced imaging technologies and assets. This section also 

would require the GAO to submit a report to the appropriate committees of Congress on the findings of this study not later than 1 

year after the date of enactment of this Act. 


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Section 211. Testing and verification performance objectives. 

This section would require the TSA to establish performance objectives for the testing and verification of security technology, including testing and verification conducted by third parties, to ensure that progress is made toward reducing the time for each phase 

of testing while maintaining security, eliminating testing and 

verification delays, and increasing accountability. This section also 

would require the TSA to establish and continually track performance metrics for each type of security technology submitted for testing and verification to use these metrics to generate data on an ongoing basis, and to measure progress toward the achievement of 

the performance objectives established in this section. Finally, this 

section would require the TSA to submit a report to the appropriate committees of Congress assessing the extent to which the 

performance objectives established in this section have been met 2 

years after the date of enactment of this Act. 

Section 212. Computed tomography pilot program. 

This section would direct the TSA to carry out a pilot program 

to test the use of screening equipment using computed tomography 

technology to screen baggage at passenger screening checkpoints at 

airports not later than 90 days after the date of enactment of this 

Act. 

SUBTITLE B—PUBLIC AREA SECURITY

Section 221. Third party canines. 

This section would require the TSA, not later than 120 days after 

the date of enactment of this Act, to develop and issue standards 

that a third party explosives detection canine team must satisfy to 

be certified for the screening of individuals and property in public 

areas of an airport. This section also would require the TSA to 

enter into an agreement with at least one third party entity, not 

later than 180 days after the date of enactment of this Act, to test 

and certify the capabilities of canine teams in accordance with the 

TSA-developed standards. The Committee intends for the TSA to 

create an approved vendor list including any third party entity 

with which the TSA enters into an agreement. Before entering this 

agreement, this section would require the TSA to do the following: 

evaluate the third party’s ability to effectively evaluate canine 

teams; designate at least three evaluation centers to which vendors 

may send canine teams for testing and certification by the third 

party; and periodically assess the program at the evaluation centers to ensure the proficiency of the canine team beyond the initial 

testing and certification by the third party entity. 

This section would authorize the TSA to use the other transaction authority under section 114(m) of title 49, United States 

Code, or other authority that the TSA Administrator considers appropriate, to expedite the deployment of additional canine teams. 

To determine best practices for the use of third party entities to 

test and certify the capabilities of canine teams, this section would 

require the TSA to consult with the Secretary of State, non-profit 

organizations that train, certify, and provide the services of canines, and institutions of higher education with research programs 

related to the use of canines for the screening of individuals and 


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property before entering into an agreement with a third party entity. Finally, this section would require the TSA to develop and implement a process for the TSA to procure third party explosives detection canine teams certified under the TSA-developed standards, 

and would direct the TSA to authorize an aviation stakeholder in 

coordination with the Federal Security Director at an applicable 

airport, to contract with, procure or purchase, and deploy one or 

more third party explosives detection canine teams certified under 

the TSA-developed standards to augment public area security at 

that stakeholder’s airport. 

Section 222. Tracking and monitoring of canine training and testing. 

This section would require the TSA to use, not later than 180 

days after the date of enactment of this Act and to the extent practicable, a digital monitoring system for all training, testing, and 

validation or certification of public and private canine assets utilized by the TSA to facilitate improved review, data analysis, and 

record keeping of canine testing performance and program administration. 

Section 223. VIPR team statistics. 

This section would require the TSA to notify the appropriate 

committees of Congress not later than 90 days after the date of enactment of this Act, and annually thereafter, of the number of Visible Intermodal Prevention and Response (VIPR) teams available 

for deployment at transportation facilities, including the number of 

VIPR team operations that include explosive detection canine 

teams and the distribution of VIPR team operations deployed 

across different modes of transportation. 

Section 224. Public area best practices. 

This section would require the TSA to periodically submit to Federal Security Directors and appropriate aviation security stakeholders information on any best practices developed by the TSA or 

appropriate aviation stakeholders related to protecting infrastructure from emerging threats to public spaces of transportation 

venues. The TSA would be required to expand and improve its information sharing with appropriate aviation stakeholders, to continue to disseminate relevant intelligence products and conduct 

classified briefings on a regular basis, and to encourage aviation security stakeholders to utilize mass notification systems to disseminate information to transportation community employees, travelers, 

and the general public. 

This section also would require the DHS, in coordination with 

the TSA, to expand public awareness programs to include transportation network public area employees. Finally, this section would 

allow an air carrier, airport, or airport operator to utilize the Federal Bureau of Investigation’s (FBI’s) Rap Back Service, and other 

vetting tools as appropriate, including the No-Fly and Selectee 

lists, to get immediate notification of any criminal activity relating 

to an employee with access to an airport or its perimeter. 


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Section 225. Law Enforcement Officer Reimbursement Program. 

This section would direct the TSA to increase the number of 

awards and total amount of each award under the LEO Reimbursement Program, and would authorize appropriations for this program of $55,000,000 for each of FY 2018 through FY 2020. Funding 

for FY 2017 was $45,000,000. This section also would require the 

TSA to review and, if necessary, revise the regulations and compliance policies related to the LEO Reimbursement Program to reduce 

any administrative burdens on applicants or recipients. 

SUBTITLE C—PASSENGER AND CARGO SECURITY

Section 231. PreCheck Program. 

This section would require the TSA to administer and expand, 

not later than 180 days after the date of enactment of this Act, the 

PreCheck Program by requiring the TSA to enter into an agreement with at least two private sector entities to increase the methods and capabilities available for the public to enroll in the program. At least one of these agreements would be required to include a start-to-finish secure online or mobile enrollment capability 

and vetting by means other than biometrics, such as risk assessment, if the vetting is evaluated and certified by the Secretary, 

meets the definition of a qualified anti-terrorism technology under 

section 865 of the Act of 2002, or is determined by the TSA Administrator to provide a risk assessment that is as effective as fingerprint-based criminal history record checks conducted by the FBI. 

At least one of these agreements also would be required to include 

start-to-finish secure online or mobile enrollment capability and 

vetting of an applicant by means of biometrics if the collection 

meets the standards developed by the National Institute of Standards and Technology and protects any personally identifiable information. This section also would set target enrollment for the 

PreCheck Program at the following levels: 7,000,000 passengers before October 1, 2018; 10,000,000 passengers before October 1, 2019; 

and 15,000,000 passengers before October 1, 2020. According to the 

TSA, current enrollments are at 5.4 million passengers. 

This section also would require the TSA to enter into, not later 

than 90 days after the date of enactment of this Act, at least two 

agreements to market the PreCheck Program and to implement a 

long-term strategy for partnering with the private sector to encourage enrollment in the program. This section also would enhance 

identity verification of enrollees in the PreCheck Program by requiring the TSA to coordinate with appropriate components of the 

DHS to verify the identities and citizenships of enrollees, partner 

with the private sector to use biometrics and authentication standards to facilitate enrollment, and leverage existing resources of airports to expedite identity verification. The TSA would be required 

to ensure that PreCheck Program screening lanes are open and 

available to enrollees during high-volume times at appropriate airports, and make efforts to provide expedited screening to enrollees 

in standard lanes when PreCheck Program screening lanes are 

closed. The TSA would be required to initiate an assessment to 

identify any security vulnerabilities in the program’s vetting process and would be required to ensure that the PreCheck Program’s 

enrollment capabilities are separate from any other related TSA 


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program, initiative, or procurement. Finally, this section would require that any funds expended to expand PreCheck enrollment are 

expended in a manner that meets the requirements of this section. 

Section 232. Trusted traveler programs; collaboration. 

This section would require the TSA, in consultation with the 

CBP, to review the PreCheck Program and each trusted traveler 

program administered by the CBP, and to identify and implement 

any improvements that can be made to such programs, including 

by streamlining and integrating the requirements and operations of 

such programs, increasing information and data sharing across 

such programs, and allowing the public to access and link applications for enrollment in these programs from one online portal. In 

conducting this review, the TSA, in consultation with the CBP, 

would be required to identify any law, including any regulation, 

policy, or procedure, that may inhibit collaboration among DHS 

agencies regarding these programs and recommend any action that 

can be taken to eliminate such barriers to collaboration or implementation. Finally, this section would require that the TSA, in consultation with the CBP, submit to the appropriate committees of 

Congress a report on the findings of this review. 

Section 233. Passenger security fee. 

This section would amend a statutory provision imposing a uniform security fee on passengers of air carriers by, beginning on October 1, 2025, crediting such fees as offsetting collections to appropriations made for aviation security measures carried out by the 

TSA. 

Section 234. Third party canine teams for air cargo security. 

This section would direct the TSA to develop and issue standards 

for the use of third party explosives detection canine assets for the 

primary screening of air cargo, and would require the TSA to facilitate the deployment of such assets that meet the TSA-developed 

certification standards. This section also would require that the 

TSA-developed certification standards be made available to vendors 

seeking to train and deploy third party explosive detection canine 

assets and that all costs for the training, certification, and use of 

the supplied canines be borne by private industry and not the Federal Government. 

Section 235. Known Shipper Program review. 

This section would require the TSA to direct the Air Cargo Subcommittee of ASAC to conduct a comprehensive review and security assessment of the Known Shipper Program and submit its 

findings and recommendations on whether the program should be 

modified or if the program’s objectives are being met by other fulfilled mandates. 

Section 236. Screening partnership program updates. 

This section would allow an operator of an airport, airport terminal, or airport security checkpoint, if the operator chooses, to 

submit to the TSA an application for a private screening company, 

chosen from a list of qualified companies created by the TSA, to 

carry out the screening of property and passengers pursuant to a 


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contract with the TSA. Also, it would require that the TSA either 

approve or deny such an application within 30 days after receipt. 

If the application is approved, the TSA would be required to enter 

into a contract with a company to provide screening services within 

60 days after the selection of the company by the operator. The 

contract price would be equal to or less than the comprehensive 

cost to the Federal Government to provide such screening services. 

This section also would require the TSA to approve or deny each 

application to the Screening Partnership Program made before enactment of this Act not later than 30 days after the date of enactment. 

Section 237. Screening performance assessments. 

This section would require the TSA to quarterly provide to the 

director of an airport an assessment of the screening performance 

of that airport in comparison to the mean average performance of 

all airports in the equivalent airport category and a briefing on the 

results of performance data reports that includes a scorecard of objective metrics related to passenger throughput, wait times, and 

employee human capital measures collected by the TSA. 

Section 238. TSA Academy review. 

This section would require the GAO to conduct an assessment of 

the efficiency and effectiveness of the TSA Academy regarding the 

training of new transportation security officers (TSOs) at the TSA 

Academy compared to the training of new TSOs when it was conducted at local airports. The section also would require the GAO 

to submit a report on its findings and recommendations to the appropriate committees of Congress not later than 270 days after the 

date of enactment of this Act. This assessment would be required 

to include a cost-benefit analysis of training new TSOs and Screening Partnership Program contractor hires at the TSA Academy, as 

well as an examination of the impact on performance, professionalism, and retention rates of such employees, and a comparison 

to the same standards when the training had been conducted at 

the employees’ local airports. Finally, this assessment would examine whether new hire training at the TSA Academy has had any 

impact on the airports and companies that participate in the 

Screening Partnership Program. 

Section 239. Improvements for screening of disabled passengers. 

This section would require the TSA to revise the training requirements for TSOs related to the screening of disabled passengers not later than 180 days after the date of enactment of this 

Act. This section would require the TSA to address certain training 

specifications in the revision of the training requirements; implement revised training during initial and recurrent training of all 

TSOs; record each complaint from a disabled passenger; identify 

the most frequent concerns raised or accommodations requested; 

determine the best practices for addressing these concerns, and recommend appropriate training based on such best practices; and require signage at the security checkpoints at each Category X airport that specifies how to contact and how to receive assistance 

from the appropriate TSA employee at the airport designated to address complaints of screening mistreatment based on disability. 


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This section also would require the TSA to submit a report to the 

appropriate committees of Congress on the checkpoint experiences 

of disabled passengers each FY. 

SUBTITLE D—FOREIGN AIRPORT SECURITY

Section 241. Last point of departure airports; security directives. 

This section would require the TSA, to the maximum extent 

practicable, to consult and notify trade association representatives 

for affected air carriers and relevant Federal agencies prior to making changes to security standards via security directives and emergency amendments for last points of departure. The Committee understands that certain circumstances and threat information may 

warrant immediate action by the TSA Administrator without providing affected parties with any advance notice or opportunity for 

consultation. Such was the case, for example, with the printer cartridge plot in 2010, in which improvised explosive devices were discovered in air cargo originating in Yemen and destined for the 

United States. The Committee intends to provide the TSA with 

flexibility when timely updates are necessary, and does not intend 

to create opportunities for air carriers to challenge or sue the TSA 

if they are not adequately consulted. The GAO would be required 

to review, not later than 1 year after the date of enactment of this 

Act, the effectiveness of the TSA process to update, consolidate, or 

revoke security directives, emergency amendments, and other policies related to international aviation security at LPD airports, and 

submit a report on its findings and any recommendations to the appropriate committees of Congress. This section also would require 

the TSA to immediately rescreen passengers and baggage arriving 

from an airport outside the United States upon discovery of specific 

threat intelligence, and to notify the appropriate committees of 

Congress not later than 1 day after the TSA determines that a foreign air carrier is in violation of applicable security requirements. 

Section 242. Tracking security screening equipment from last point 

of departure airports. 

This section would require the TSA, before any donation of security screening equipment to a foreign LPD airport operator, to report to Congress on how foreign government officials will document 

and track removal or disposal of screening equipment to ensure 

that it does not come into the possession of terrorists or otherwise 

pose a risk to security. The TSA also would be required to collaborate with other aviation authorities to advance a global standard 

for each international airport to document and track the removal 

and disposal of any security screening equipment to ensure that 

the equipment does not come into the possession of a terrorist or 

otherwise pose a security risk. 

Section 243. International security standards. 

This section would require the TSA to consult with the Ambassador to the International Civil Aviation Organization (ICAO) and 

notify the appropriate committees of Congress of any proposed 

international improvements to aviation security not later than 90 

days after the date of enactment of this Act. The TSA Administrator and Ambassador would be required to take any action they 


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consider necessary to advance such aviation security proposals and 

brief the appropriate committees of Congress on the implementation of such proposals not later than 180 days after the date of enactment of this Act. 

SUBTITLE E—COCKPIT AND CABIN SECURITY

Section 251. Federal air marshal service updates. 

This section would require the TSA to develop a standard written 

agreement not later than 60 days after the date of enactment of 

this Act for all future negotiations and agreements between the 

United States Government and foreign governments regarding Federal air marshal coverage of flights to and from the United States. 

Not later than 180 days after enactment, all such agreements 

would be required to be in writing and signed by the TSA Administrator or another authorized United States Government representative, except in specific instances. For every such agreement, the 

TSA would be required to transmit a copy of the agreement to the 

appropriate committees of Congress within 30 days of the date the 

agreement is signed or, if there is no written agreement, to submit 

to the appropriate committees of Congress the name of the applicable foreign government or partner, an explanation for why no written agreement exists, and a justification for the determination that 

such mission is necessary for aviation security. This section also 

would require the TSA to endeavor to acquire automated capabilities or technologies for scheduling Federal air marshal service missions based on current risk modeling. 

Section 252. Crew member self-defense training. 

This section would require the TSA, in consultation with the 

FAA, to continue to carry out and encourage increased participation by air carrier employees in the TSA’s voluntary self-defense 

training program. 

Section 253. Flight deck safety and security. 

This section would require the TSA, not later than 90 days after 

the date of enactment of this Act, to consult with the FAA to complete a detailed threat assessment to identify any safety or security 

risks associated with unauthorized access to the flight decks on 

commercial aircraft, as well as any appropriate measures that 

should be taken based on such risks. This section also would require the TSA, in coordination with the FAA, to disseminate RTCA 

Document (DO–329) Aircraft Secondary Barriers and Alternative 

Flight Deck Security Procedure to aviation stakeholders, including 

air carriers and flight crew, to convey effective methods and best 

practices to protect the flight deck. 

Section 254. Carriage of weapons, explosives, and incendiaries by 

individuals. 

This section would require the TSA to periodically review and 

amend the interpretive rule (68 Fed. Reg. 7444) that provides guidance to the public on the types of property prohibited from being 

carried on an airplane under section 1540.111 of title 14, Code of 

Federal Regulations. Before amending the interpretive rule to include or remove a prohibited item from the list, the TSA would be 


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required to consult with appropriate aviation security stakeholders, 

including ASAC, and to research and evaluate the impact of the action on security risks or screening operations and whether the 

amendment is consistent with international standards and guidance. This section also would prohibit amending the interpretive 

rule to allow any knife into an airport sterile area or the cabin of 

an aircraft, with the exception of plastic or round bladed butter 

knives. For any amendment to the interpretive rule, the TSA would 

be required to publish the amendment in the Federal Register and 

notify the appropriate committees of Congress no later than 3 days 

before such publication. 

Section 255. Federal flight deck officer program improvements. 

This section would require the TSA to designate additional firearms training facilities for recurrent and requalifying training of 

FFDOs and allow FFDOs to requalify at TSA-approved firearms 

training facilities, which are defined as private or governmentowned gun ranges approved by the TSA to provide recurrent or requalification training utilizing a TSA-approved contractor and a 

curriculum developed and approved by the TSA. It also would require the TSA to periodically review requalification training intervals and assess whether it is appropriate and sufficient to adjust 

the time between each requalification training to facilitate continued participation in the FFDO program while still maintaining the 

effectiveness of the training. It also would require the TSA to periodically review initial and recurrent training requirements and 

evaluate how training requirements, including the length of training, could be streamlined while maintaining the effectiveness of the 

training. Moreover, and in accordance with any applicable TSA application appeals processes, an inactive FFDO would be able to return to active status upon successful completion of a recurrent 

training program. 

This section also would provide that the TSA may not establish 

medical or physical standards for a pilot to become a FFDO that 

are inconsistent with or more stringent than FAA requirements for 

the issuance of the required airman medical certificate under existing regulations. 

Finally, this section would harmonize, to the extent practicable, 

the policies relating to the carriage of firearms on flights in foreign 

air transportation by FFDOs with the policies of the Federal air 

marshal program for carrying firearms on such flights and carrying 

out FFDO duties, notwithstanding Annex 17 of the ICAO. 

TITLE III—CONFORMING AND MISCELLANEOUS AMENDMENTS

The provisions in this title generally would make technical and 

conforming edits to title 49 of the United States Code, including by 

updating the current title of the TSA Administrator and transferring authorities granted to the Under Secretary of Transportation 

for Security at the Department of Transportation to the Administrator of the TSA under the DHS. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 


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reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES 

PART III. EMPLOYEES

SUBPART D. PAY AND ALLOWANCES

CHAPTER 53. PAY RATES AND SYSTEMS

SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES

§ 5313. Positions at level II 

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

* * * * * * * 

Under Secretary of Homeland Security for Management. 

Administrator of the Transportation Security Administration. 

* * * * * * * 

§ 5315. Positions at level IV 

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

* * * * * * * 

Deputy Administrator, Federal Aviation Administration. 

Deputy Administrator, Transportation Security Administration. 

* * * * * * * 

TITLE 49. TRANSPORTATION 

SUBTITLE I. DEPARTMENT OF TRANSPORTATION

CHAPTER 1. ORGANIZATION

§ 106. Federal Aviation Administration 

(a) * * * 

ø(g) DUTIES AND POWERS OF ADMINISTRATOR.— ø(1) Except as provided in paragraph (2) of this subsection, 

the Administrator shall carry out— 

ø(A) duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and 

stated in sections 308(b), 1132(c) and (d), 40101(c), 

40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 

40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 

44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 

44515), chapter 447 (except sections 44717, 44718(a), 

44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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ter 449 (except sections 44903(d), 44904, 44905, 44907- 

44911, 44913, 44915, and 44931-44934), chapter 451, chapter 453, sections 46104, 46301(d) and (h)(2), 46303(c), 

46304-46308, 46310, 46311, and 46313-46316, chapter 465, 

and sections 47504(b) (related to flight procedures), 

47508(a), and 48107 of this title; and 

ø(B) additional duties and powers prescribed by the Secretary of Transportation. 

ø(2) In carrying out sections 40119, 44901, 44903(a)-(c) and 

(e), 44906, 44912, 44935-44937, 44938(a) and (b), and 48107 of 

this title, paragraph (1)(A) of this subsection does not apply to 

duties and powers vested in the Director of Intelligence and 

Security by section 44931 of this title.¿ 

(g) DUTIES AND POWERS OF ADMINISTRATOR.—The Administrator 

shall carry out the following: 

(1) Duties and powers of the Secretary of Transportation 

under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in the following: 

(A) Section 308(b). 

(B) Subsections (c) and (d) of section 1132. 

(C) Sections 40101(c), 40103(b), 40106(a), 40108, 

40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and 

40114(a). 

(D) Chapter 445, except sections 44501(b), 44502(a)(2), 

44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 

44514, and 44515. 

(E) Chapter 447, except sections 44717, 44718(a), 

44718(b), 44719, 44720, 44721(b), 44722, and 44723. 

(F) Chapter 451. 

(G) Chapter 453. 

(H) Section 46104. 

(I) Subsections (d) and (h)(2) of section 46301 and sections 46303(c), 46304 through 46308, 46310, 46311, and 

46313 through 46316. 

(J) Chapter 465. 

(K) Sections 47504(b) (related to flight procedures), 

47508(a), and 48107. 

(2) Additional duties and powers prescribed by the Secretary 

of Transportation. 

(h) * * * 

§ 114. Transportation Security Administration 

(a) IN GENERAL.—The Transportation Security Administration 

shall be an administration of the øDepartment of Transportation¿ 

Department of Homeland Security. 

ø(b) UNDER SECRETARY.— 

ø(1) APPOINTMENT.—The head of the Administration shall be 

the Under Secretary of Transportation for Security. The Under 

Secretary shall be appointed by the President, by and with the 

advice and consent of the Senate. 

ø(2) QUALIFICATIONS.—The Under Secretary must— 

ø(A) be a citizen of the United States; and 

ø(B) have experience in a field directly related to transportation or security. 


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ø(3) TERM.—The term of office of an individual appointed as 

the Under Secretary shall be 5 years.¿ 

(b) LEADERSHIP.— 

(1) HEAD OF TRANSPORTATION SECURITY ADMINISTRATION.— 

(A) APPOINTMENT.—The head of the Administration shall 

be the Administrator of the Transportation Security Administration (referred to in this section as the ‘‘Administrator’’). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. 

(B) QUALIFICATIONS.—The Administrator must— 

(i) be a citizen of the United States; and 

(ii) have experience in a field directly related to 

transportation or security. 

(C) TERM.—Effective with respect to any individual appointment by the President, by and with the advice and 

consent of the Senate, after August 1, 2017, the term of office of an individual appointed as the Administrator shall 

be 5 years. 

(2) DEPUTY ADMINISTRATOR.— 

(A) APPOINTMENT.—There is established in the Transportation Security Administration a Deputy Administrator, 

who shall assist the Administrator in the management of 

the Transportation Security Administration. The Deputy 

Administrator shall be appointed by the President. The 

Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator. 

(B) QUALIFICATIONS.—The Deputy Administrator must— 

(i) be a citizen of the United States; and 

(ii) have experience in a field directly related to 

transportation or security. 

(c) LIMITATION ON OWNERSHIP OF STOCKS AND BONDS.—The 

øUnder Secretary¿ Administrator may not own stock in or bonds 

of a transportation or security enterprise or an enterprise that 

makes equipment that could be used for security purposes. 

ø(d) FUNCTIONS.—The Under Secretary shall be responsible for 

security in all modes of transportation, including— 

ø(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and 

ø(2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation.¿ 

(d) FUNCTIONS.—The Administrator shall be responsible for— 

(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; 

(2) security in land-based transportation, including railroad, 

highway, pipeline, public transportation, and over-the-road bus; 

and 

(3) supporting the Coast Guard with maritime security. 

(e) SCREENING OPERATIONS.—The øUnder Secretary¿ Administrator shall— 

(1) be responsible for day-to-day Federal security screening 

operations for passenger air transportation and intrastate air 

transportation under sections 44901 and 44935; 


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(2) develop standards for the hiring and retention of security 

screening personnel; 

(3) train and test security screening personnel; and 

(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States 

where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of 

other appropriate Federal agencies and departments. 

(f) ADDITIONAL DUTIES AND POWERS.—In addition to carrying out 

the functions specified in subsections (d) and (e), the øUnder Secretary¿ Administrator shall— 

(1) receive, assess, and distribute intelligence information related to transportation security; 

(2) assess threats to transportation; 

(3) develop policies, strategies, and plans for dealing with 

threats to transportation security; 

(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States 

Government; 

(5) serve as the primary liaison for transportation security to 

the intelligence and law enforcement communities; 

(6) on a day-to-day basis, manage and provide operational 

guidance to the field security resources of the Administration, 

including Federal Security Managers as provided by section 

44933; 

(7) enforce security-related regulations and requirements; 

(8) identify and undertake research and development activities necessary to enhance transportation security; 

(9) inspect, maintain, and test security facilities, equipment, 

and systems; 

(10) ensure the adequacy of security measures for the transportation of cargo; 

(11) oversee the implementation, and ensure the adequacy, 

of security measures at airports and other transportation facilities; 

(12) require background checks for airport security screening 

personnel, individuals with access to secure areas of airports, 

and other transportation security personnel; 

(13) work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations; 

(14) work with the International Civil Aviation Organization 

and appropriate aeronautic authorities of foreign governments 

under section 44907 to address security concerns on passenger 

flights by foreign air carriers in foreign air transportation; and 

(15) carry out such other duties, and exercise such other 

powers, relating to transportation security as the øUnder Secretary¿ Administrator considers appropriate, to the extent authorized by law. 

(g) NATIONAL EMERGENCY RESPONSIBILITIES.— 

(1) IN GENERAL.—øSubject to the direction and control of the 

Secretary¿ Subject to the direction and control of the Secretary 

of Homeland Security, the øUnder Secretary¿ Administrator, 


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during a national emergency, shall have the following responsibilities: 

(A) To coordinate domestic transportation, including 

aviation, rail, and other surface transportation, and maritime transportation (including port security). 

(B) To coordinate and oversee the transportation-related 

responsibilities of other departments and agencies of the 

Federal Government other than the Department of Defense and the military departments. 

(C) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation. 

(D) To carry out such other duties, and exercise such 

other powers, relating to transportation during a national 

emergency as the Secretary of Homeland Security shall 

prescribe. 

(2) AUTHORITY OF OTHER DEPARTMENTS AND AGENCIES.—The 

authority of the øUnder Secretary¿ Administrator under this 

subsection shall not supersede the authority of any other department or agency of the Federal Government under law with 

respect to transportation or transportation-related matters, 

whether or not during a national emergency. 

(3) CIRCUMSTANCES.—The Secretary of Homeland Security 

shall prescribe the circumstances constituting a national emergency for purposes of this subsection. 

(h) MANAGEMENT OF SECURITY INFORMATION.—In consultation 

with the Transportation Security Oversight Board, the øUnder Secretary¿ Administrator shall— 

(1) enter into memoranda of understanding with Federal 

agencies or other entities to share or otherwise cross-check as 

necessary data on individuals identified on Federal agency 

databases who may pose a risk to transportation or national 

security; 

(2) establish procedures for notifying the Administrator of 

the Federal Aviation Administration, appropriate State and 

local law enforcement officials, and airport or airline security 

officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat 

to airline or passenger safety; 

(3) in consultation with other appropriate Federal agencies 

and air carriers, establish policies and procedures requiring air 

carriers— 

(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to 

civil aviation or national security; and 

(B) if such an individual is identified, notify appropriate 

law enforcement agencies, prevent the individual from 

boarding an aircraft, or take other appropriate action with 

respect to that individual; and 

(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose 


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25 

of identifying individuals who may pose a threat to aviation 

safety or national security. 

(i) VIEW OF NTSB.—In taking any action under this section that 

could affect safety, the øUnder Secretary¿ Administrator shall give 

great weight to the timely views of the National Transportation 

Safety Board. 

(j) ACQUISITIONS.— (1) IN GENERAL.—The øUnder Secretary¿ Administrator is 

authorized— 

(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within 

and outside the continental United States, as the øUnder 

Secretary¿ Administrator considers necessary; 

(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain 

such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the øUnder Secretary¿ Administrator considers necessary; 

(C) to lease to others such real and personal property 

and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities; 

(D) to acquire services, including such personal services 

as the Secretary of Homeland Security determines necessary, and to acquire (by purchase, lease, condemnation, 

or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and 

(E) in cooperation with the Administrator of the Federal 

Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration. 

(2) TITLE.—Title to any property or interest therein acquired 

pursuant to this subsection shall be held by the Government 

of the United States. 

(k) TRANSFERS OF FUNDS.—The øUnder Secretary¿ Administrator 

is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies 

(as such term is defined in section 551(1) of title 5) to carry out 

øfunctions transferred, on or after the date of enactment of the 

Aviation and Transportation Security Act,¿ functions assigned by 

law to the øUnder Secretary¿ Administrator. (l) REGULATIONS.— 

(1) IN GENERAL.—The øUnder Secretary¿ Administrator is 

authorized to issue, rescind, and revise such regulations as are 

necessary to carry out the functions of the Administration. 

(2) EMERGENCY PROCEDURES.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of law or executive order (including an executive order requiring a cost-benefit analysis), if the øUnder Secretary¿ 

Administrator determines that a regulation or security directive must be issued immediately in order to protect 

transportation security, the øUnder Secretary¿ Administrator shall issue the regulation or security directive without providing notice or an opportunity for comment and 

without prior approval of the Secretary. 


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(B) REVIEW BY TRANSPORTATION SECURITY OVERSIGHT

BOARD.—Any regulation or security directive issued under 

this paragraph shall be subject to review by the Transportation Security Oversight Board established under section 

115. Any regulation or security directive issued under this 

paragraph shall remain effective for a period not to exceed 

90 days unless ratified or disapproved by the Board or rescinded by the øUnder Secretary¿ Administrator. (3) FACTORS TO CONSIDER.—In determining whether to issue, 

rescind, or revise a regulation under this section, the øUnder 

Secretary¿ Administrator shall consider, as a factor in the final 

determination, whether the costs of the regulation are excessive in relation to the enhancement of security the regulation 

will provide. The øUnder Secretary¿ Administrator may waive 

requirements for an analysis that estimates the number of 

lives that will be saved by the regulation and the monetary 

value of such lives if the øUnder Secretary¿ Administrator determines that it is not feasible to make such an estimate. 

(4) AIRWORTHINESS OBJECTIONS BY FAA.— (A) IN GENERAL.—The øUnder Secretary¿ Administrator 

shall not take an aviation security action under this title 

if the Administrator of the Federal Aviation Administration notifies the øUnder Secretary¿ Administrator that the 

action could adversely affect the airworthiness of an aircraft. 

(B) REVIEW BY SECRETARY.—Notwithstanding subparagraph (A), the øUnder Secretary¿ Administrator may take 

such an action, after receiving a notification concerning the 

action from the øAdministrator under subparagraph (A)¿ 

Administrator of the Federal Aviation Administration 

under subparagraph (A), if the Secretary of Transportation 

subsequently approves the action. 

(m) PERSONNEL AND SERVICES; COOPERATION BY UNDER SEC- RETARY.— 

(1) AUTHORITY OF UNDER SECRETARY.—In carrying out the 

functions of the Administration, the øUnder Secretary¿ Administrator shall have the same authority as is provided to the Administrator of the Federal Aviation Administration under subsections (l) and (m) of section 106. 

(2) AUTHORITY OF AGENCY HEADS.—The head of a Federal 

agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the øUnder Secretary¿ Administrator as the head has to provide services, supplies, equipment, personnel, and facilities to the Administrator 

of the Federal Aviation Administration under section 106(m). 

(n) PERSONNEL MANAGEMENT SYSTEM.—The personnel management system established by the Administrator of the Federal Aviation Administration under section 40122 shall apply to employees 

of the Transportation Security Administration, or, subject to the requirements of such section, the øUnder Secretary¿ Administrator 

may make such modifications to the personnel management system 

with respect to such employees as the øUnder Secretary¿ Administrator considers appropriate, such as adopting aspects of other personnel systems of the øDepartment of Transportation¿ Department 

of Homeland Security. 


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(o) AUTHORITY OF INSPECTOR GENERAL.—The Transportation Security Administration shall be subject to the Inspector General Act 

of 1978 (5 U.S.C. App.) and other laws relating to the authority of 

the Inspector General of the øDepartment of Transportation¿ Department of Homeland Security. 

(p) LAW ENFORCEMENT POWERS.— 

(1) IN GENERAL.—The øUnder Secretary¿ Administrator may 

designate an employee of the Transportation Security Administration or other Federal agency to serve as a law enforcement 

officer. 

(2) POWERS.—While engaged in official duties of the Administration as required to fulfill the responsibilities under this 

section, a law enforcement officer designated under paragraph 

(1) may— 

(A) carry a firearm; 

(B) make an arrest without a warrant for any offense 

against the United States committed in the presence of the 

officer, or for any felony cognizable under the laws of the 

United States if the officer has probable cause to believe 

that the person to be arrested has committed or is committing the felony; and 

(C) seek and execute warrants for arrest or seizure of 

evidence issued under the authority of the United States 

upon probable cause that a violation has been committed. 

(3) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority 

provided by this subsection shall be exercised in accordance 

with guidelines prescribed by the øUnder Secretary¿ Administrator, in consultation with the Attorney General of the United 

States, and shall include adherence to the Attorney General’s 

policy on use of deadly force. 

(4) REVOCATION OR SUSPENSION OF AUTHORITY.—The powers 

authorized by this subsection may be rescinded or suspended 

should the Attorney General determine that the øUnder Secretary¿ Administrator has not complied with the guidelines 

prescribed in paragraph (3) and conveys the determination in 

writing to the øSecretary of Transportation¿ Secretary of 

Homeland Security and the øUnder Secretary¿ Administrator. 

(q) AUTHORITY TO EXEMPT.—The øUnder Secretary¿ Administrator may grant an exemption from a regulation prescribed in carrying out this section if the øUnder Secretary¿ Administrator determines that the exemption is in the public interest. 

(r) NONDISCLOSURE OF SECURITY ACTIVITIES.— 

(1) IN GENERAL.—Notwithstanding section 552 of title 5, the 

øUnder Secretary¿ Administrator shall prescribe regulations 

prohibiting the disclosure of information obtained or developed 

in carrying out security under authority of the Aviation and 

Transportation Security Act (Public Law 107-71) or under 

chapter 449 of this title if the øUnder Secretary¿ Administrator decides that disclosing the information would— 

(A) be an unwarranted invasion of personal privacy; 

(B) reveal a trade secret or privileged or confidential 

commercial or financial information; or 

(C) be detrimental to the security of transportation. 


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(2) AVAILABILITY OF INFORMATION TO CONGRESS.—Paragraph 

(1) does not authorize information to be withheld from a committee of Congress authorized to have the information. 

(3) LIMITATION ON TRANSFERABILITY OF DUTIES.—Except as 

otherwise provided by law, the øUnder Secretary¿ Administrator may not transfer a duty or power under this subsection 

to another department, agency, or instrumentality of the 

United States. 

(4) LIMITATIONS.—Nothing in this subsection, or any other 

provision of law, shall be construed to authorize the designation of information as sensitive security information (as defined 

in section 1520.5 of title 49, Code of Federal Regulations)— 

(A) to conceal a violation of law, inefficiency, or administrative error; 

(B) to prevent embarrassment to a person, organization, 

or agency; 

(C) to restrain competition; or 

(D) to prevent or delay the release of information that 

does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. 

(s) TRANSPORTATION SECURITY STRATEGIC PLANNING.— 

(1) IN GENERAL.—The Secretary of Homeland Security shall 

develop, prepare, implement, and update, as needed— 

(A) a National Strategy for Transportation Security; and 

(B) transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, 

pipeline, public transportation, over-the-road bus, and 

other transportation infrastructure assets. 

(2) ROLE OF SECRETARY OF TRANSPORTATION.—The Secretary 

of Homeland Security shall work jointly with the Secretary of 

Transportation in developing, revising, and updating the documents required by paragraph (1). 

(3) CONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION

SECURITY.—The National Strategy for Transportation Security 

shall include the following: 

(A) An identification and evaluation of the transportation assets in the United States that, in the interests of 

national security and commerce, must be protected from 

attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, 

rail, mass transit, over-the-road bus, and other public 

transportation infrastructure assets that could be at risk 

of such an attack or disruption. 

(B) The development of risk-based priorities, based on 

risk assessments conducted or received by the Secretary of 

Homeland Security (including assessments conducted 

under the Implementing Recommendations of the 9/11 

Commission Act of 2007) across all transportation modes 

and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A). 


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(C) The most appropriate, practical, and cost-effective 

means of defending those assets against threats to their 

security. 

(D) A forward-looking strategic plan that sets forth the 

agreed upon roles and missions of Federal, State, regional, 

local, and tribal authorities and establishes mechanisms 

for encouraging cooperation and participation by private 

sector entities, including nonprofit employee labor organizations, in the implementation of such plan. 

(E) A comprehensive delineation of prevention, response, 

and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United 

States and threatened and executed acts of terrorism outside the United States to the extent such acts affect 

United States transportation systems. 

(F) A prioritization of research and development objectives that support transportation security needs, giving a 

higher priority to research and development directed toward protecting vital transportation assets. Transportation 

security research and development projects shall be based, 

to the extent practicable, on such prioritization. Nothing in 

the preceding sentence shall be construed to require the 

termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of 

the Implementing Recommendations of the 9/11 Commission Act of 2007. 

(G) A 3- and 10-year budget for Federal transportation 

security programs that will achieve the priorities of the 

National Strategy for Transportation Security. 

(H) Methods for linking the individual transportation 

modal security plans and the programs contained therein, 

and a plan for addressing the security needs of intermodal 

transportation. 

(I) Transportation modal security plans described in 

paragraph (1)(B), including operational recovery plans to 

expedite, to the maximum extent practicable, the return to 

operation of an adversely affected transportation system 

following a major terrorist attack on that system or other 

incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of 

the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 

70103(a) of title 46. 

(4) øSUBMISSIONS OF PLANS TO CONGRESS¿ SUBMISSION OF

PLANS.— 

ø(A) INITIAL STRATEGY.—The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans, developed under this subsection to the appropriate congressional committees not later than April 1, 

2005.¿ 

ø(B)¿(A) øSUBSEQUENT VERSIONS¿ IN GENERAL.—øAfter 

December 31, 2005, the¿ The Secretary of Homeland Security shall submit the National Strategy for Transportation 


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Security, including the transportation modal security plans 

and any revisions to the National Strategy for Transportation Security and the transportation modal security 

plans, to appropriate congressional committees not less 

frequently than April 1 of each even-numbered year. 

ø(C)¿(B) PERIODIC PROGRESS REPORT.— (i) REQUIREMENT FOR REPORT.—Each year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States 

Code, the Secretary of Homeland Security shall submit 

to the appropriate congressional committees an assessment of the progress made on implementing the National Strategy for Transportation Security, including 

the transportation modal security plans. 

(ii) CONTENT.—Each progress report submitted 

under this subparagraph shall include, at a minimum, 

the following: 

(I) Recommendations for improving and implementing the National Strategy for Transportation 

Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary 

of Transportation, considers appropriate. 

(II) An accounting of all grants for transportation security, including grants and contracts for 

research and development, awarded by the Secretary of Homeland Security in the most recent 

fiscal year and a description of how such grants 

accomplished the goals of the National Strategy 

for Transportation Security. 

(III) An accounting of all— 

(aa) funds requested in the President’s 

budget submitted pursuant to section 1105 of 

title 31 for the most recent fiscal year for 

transportation security, by mode; 

(bb) personnel working on transportation 

security by mode, including the number of 

contractors; and 

(cc) information on the turnover in the previous year among senior staff of the Department of Homeland Security, including component agencies, working on transportation security issues. Such information shall include 

the number of employees who have permanently left the office, agency, or area in which 

they worked, and the amount of time that 

they worked øfor the Department¿ for the Department of Homeland Security. 

(iii) WRITTEN EXPLANATION OF TRANSPORTATION SE- CURITY ACTIVITIES NOT DELINEATED IN THE NATIONAL

STRATEGY FOR TRANSPORTATION SECURITY.—At the end 

of each fiscal year, the Secretary of Homeland Security 

shall submit to the appropriate congressional committees a written explanation of any Federal transportation security activity that is inconsistent with the 


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National Strategy for Transportation Security, including the amount of funds to be expended for the activity and the number of personnel involved. 

ø(D)¿(C) CLASSIFIED MATERIAL.—Any part of the National Strategy for Transportation Security or the transportation modal security plans that involve information 

that is properly classified under criteria established by Executive order shall be submitted to the appropriate congressional committees separately in a classified format. 

ø(E)¿(D) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this subsection, the term ‘‘appropriate congressional committees’’ means the Committee on Transportation and Infrastructure and the Committee on Homeland 

Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the 

Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban 

Affairs of the Senate. 

(5) PRIORITY STATUS.— (A) IN GENERAL.—The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts. 

(B) OTHER PLANS AND REPORTS.—The National Strategy 

for Transportation Security shall include, as an integral 

part or as an appendix— 

(i) the current National Maritime Transportation Security Plan under section 70103 of title 46; 

(ii) the report required by section 44938 of this title; 

(iii) transportation modal security plans required 

under this section; 

(iv) the transportation sector specific plan required 

under Homeland Security Presidential Directive-7; 

and 

(v) any other transportation security plan or report 

that the Secretary of Homeland Security determines 

appropriate for inclusion. 

(6) COORDINATION.—In carrying out the responsibilities 

under this section, the Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall consult, 

as appropriate, with Federal, State, and local agencies, tribal 

governments, private sector entities (including nonprofit employee labor organizations), institutions of higher learning, and 

other entities. 

(7) PLAN DISTRIBUTION.—The Secretary of Homeland Security shall make available and appropriately publicize an unclassified version of the National Strategy for Transportation 

Security, including its component transportation modal security plans, to Federal, State, regional, local and tribal authorities, transportation system owners or operators, private sector 

stakeholders, including nonprofit employee labor organizations 

representing transportation employees, institutions of higher 

learning, and other appropriate entities. 

ø(u)¿(t) TRANSPORTATION SECURITY INFORMATION SHARING

PLAN.— 

(1) DEFINITIONS.—In this subsection: 


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(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 

term ‘‘appropriate congressional committees’’ has the 

meaning given that term in subsection (s)(4)(E). 

(B) PLAN.—The term ‘‘Plan’’ means the Transportation 

Security Information Sharing Plan established under paragraph (2). 

(C) PUBLIC AND PRIVATE STAKEHOLDERS.—The term 

‘‘public and private stakeholders’’ means Federal, State, 

and local agencies, tribal governments, and appropriate 

private entities, including nonprofit employee labor organizations representing transportation employees. 

ø(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Homeland Security.¿ 

ø(E)¿(D) TRANSPORTATION SECURITY INFORMATION.—The 

term ‘‘transportation security information’’ means information relating to the risks to transportation modes, including aviation, public transportation, railroad, ferry, highway, maritime, pipeline, and over-the-road bus transportation, and may include specific and general intelligence 

products, as appropriate. 

(2) ESTABLISHMENT OF PLAN.—The Secretary of Homeland 

Security, in consultation with the program manager of the information sharing environment established under section 1016 

of the Intelligence Reform and Terrorism Prevention Act of 

2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a Transportation 

Security Information Sharing Plan. In establishing the Plan, 

the Secretary of Homeland Security shall gather input on the 

development of the Plan from private and public stakeholders 

and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform 

and Terrorism Prevention Act of 2004 (6 U.S.C. 485). 

(3) PURPOSE OF PLAN.—The Plan shall promote sharing of 

transportation security information between the Department of 

Homeland Security and public and private stakeholders. 

(4) CONTENT OF PLAN.—The Plan shall include— 

(A) a description of how intelligence analysts within the 

Department of Homeland Security will coordinate their activities within the Department and with other Federal, 

State, and local agencies, and tribal governments, including coordination with existing modal information sharing 

centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act 

of 2007; 

(B) the establishment of a point of contact, which may 

be a single point of contact within the Department of 

Homeland Security, for each mode of transportation for the 

sharing of transportation security information with public 

and private stakeholders, including an explanation and 

justification to the appropriate congressional committees if 

the point of contact established pursuant to this subparagraph differs from the agency within the Department of 

Homeland Security that has the primary authority, or has 

been delegated such authority by the Secretary of HomeVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00034 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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land Security, to regulate the security of that transportation mode; 

(C) a reasonable deadline by which the Plan will be implemented; and 

(D) a description of resource needs for fulfilling the Plan. 

(5) COORDINATION WITH INFORMATION SHARING.—The Plan 

shall be— 

(A) implemented in coordination, as appropriate, with 

the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); 

and 

(B) consistent with the establishment of the information 

sharing environment and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and 

management of the information sharing environment. 

ø(6) REPORTS TO CONGRESS.— ø(A) IN GENERAL.—Not later than 150 days after the 

date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the appropriate congressional committees, a report containing the Plan. 

ø(B) ANNUAL REPORT.—Not later than 1 year after the 

date of enactment of this subsection, the Secretary shall 

submit to the appropriate congressional committees a report on updates to and the implementation of the Plan.¿ 

(6) ANNUAL REPORT ON PLAN.—The Secretary of Homeland 

Security shall annually submit to the appropriate congressional 

committees a report containing the Plan. 

(7) SECURITY CLEARANCES.—The Secretary of Homeland Security shall, to the greatest extent practicable, take steps to expedite the security clearances needed for designated public and 

private stakeholders to receive and obtain access to classified 

information distributed under this section, as appropriate. 

(8) CLASSIFICATION OF MATERIAL.—The Secretary of Homeland Security, to the greatest extent practicable, shall provide 

designated public and private stakeholders with transportation 

security information in an unclassified format. 

ø(v)¿(u) ENFORCEMENT OF REGULATIONS AND ORDERS OF THE

SECRETARY OF HOMELAND SECURITY.— 

(1) APPLICATION OF SUBSECTION.— 

(A) IN GENERAL.—This subsection applies to the enforcement of regulations prescribed, and orders issued, by the 

Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other 

than a provision of chapter 449 (in this subsection referred 

to as an ‘‘applicable provision of this title’’). 

(B) VIOLATIONS OF CHAPTER 449.—The penalties for violations of regulations prescribed and orders issued by the 

Secretary of Homeland Security or the Administrator 

under chapter 449 of this title are provided under chapter 

463 of this title. 

(C) NONAPPLICATION TO CERTAIN VIOLATIONS.— 

(i) Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by 


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the Secretary of Homeland Security under a provision 

of this title— 

(I) involving the transportation of personnel or 

shipments of materials by contractors where the 

Department of Defense has assumed control and 

responsibility; 

(II) by a member of the armed forces of the 

United States when performing official duties; or 

(III) by a civilian employee of the Department of 

Defense when performing official duties. 

(ii) Violations described in subclause (I), (II), or (III) 

of clause (i) shall be subject to penalties as determined 

by the Secretary of Defense or the øSecretary’s designee¿ Secretary of Defense’s designee. 

(2) CIVIL PENALTY.— 

(A) IN GENERAL.—A person is liable to the United States 

Government for a civil penalty of not more than $10,000 

for a violation of a regulation prescribed, or order issued, 

by the Secretary of Homeland Security under an applicable 

provision of this title. 

(B) REPEAT VIOLATIONS.—A separate violation occurs 

under this paragraph for each day the violation continues. 

(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— 

(A) IN GENERAL.—The Secretary of Homeland Security 

may impose a civil penalty for a violation of a regulation 

prescribed, or order issued, under an applicable provision 

of this title. The Secretary shall give written notice of the 

finding of a violation and the penalty. 

(B) SCOPE OF CIVIL ACTION.—In a civil action to collect 

a civil penalty imposed by the Secretary of Homeland Security under this subsection, a court may not re-examine 

issues of liability or the amount of the penalty. 

(C) JURISDICTION.—The district courts of the United 

States shall have exclusive jurisdiction of civil actions to 

collect a civil penalty imposed by the Secretary of Homeland Security under this subsection if— 

(i) the amount in controversy is more than— 

(I) $400,000, if the violation was committed by 

a person other than an individual or small business concern; or 

(II) $50,000 if the violation was committed by 

an individual or small business concern; 

(ii) the action is in rem or another action in rem 

based on the same violation has been brought; or 

(iii) another action has been brought for an injunction based on the same violation. 

(D) MAXIMUM PENALTY.—The maximum civil penalty the 

Secretary of Homeland Security administratively may impose under this paragraph is— 

(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or 

(ii) $50,000, if the violation was committed by an individual or small business concern. 


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(E) NOTICE AND OPPORTUNITY TO REQUEST HEARING.— Before imposing a penalty under this section the Secretary 

of Homeland Security shall provide to the person against 

whom the penalty is to be imposed— 

(i) written notice of the proposed penalty; and 

(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary of Homeland Security 

receives the request not later than 30 days after the 

date on which the person receives notice. 

(4) COMPROMISE AND SETOFF.— (A) The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under this 

subsection. 

(B) 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. 

(5) INVESTIGATIONS AND PROCEEDINGS.—Chapter 461 shall 

apply to investigations and proceedings brought under this 

subsection to the same extent that it applies to investigations 

and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary of Homeland 

Security. (6) DEFINITIONS.—In this subsection: 

(A) PERSON.—The term ‘‘person’’ does not include— 

(i) the United States Postal Service; or 

(ii) the Department of Defense. 

(B) SMALL BUSINESS CONCERN.—The term ‘‘small business concern’’ has the meaning given that term in section 

3 of the Small Business Act (15 U.S.C. 632). 

(7) ENFORCEMENT TRANSPARENCY.— (A) IN GENERAL.—øNot later than December 31, 2008, 

and annually thereafter, the Secretary¿ The Secretary of 

Homeland Security shall— 

(i) provide an annual summary to the public of all 

enforcement actions taken by the Secretary under this 

subsection; and 

(ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final 

assessment amount of each penalty. 

(B) ELECTRONIC AVAILABILITY.—Each summary under 

this paragraph shall be made available to the public by 

electronic means. 

(C) RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT

AND THE PRIVACY ACT.—Nothing in this subsection shall be 

construed to require disclosure of information or records 

that are exempt from disclosure under sections 552 or 

552a of title 5. 

ø(D) ENFORCEMENT GUIDANCE.—Not later than 180 days 

after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary 

shall provide a report to the public describing the enforcement process established under this subsection. 

ø(w) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Homeland Security for— 


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ø(1) railroad security— 

ø(A) $488,000,000 for fiscal year 2008; 

ø(B) $483,000,000 for fiscal year 2009; 

ø(C) $508,000,000 for fiscal year 2010; and 

ø(D) $508,000,000 for fiscal year 2011; 

ø(2) over-the-road bus and trucking security— 

ø(A) $14,000,000 for fiscal year 2008; 

ø(B) $27,000,000 for fiscal year 2009; 

ø(C) $27,000,000 for fiscal year 2010; and 

ø(D) $27,000,000 for fiscal year 2011; and 

ø(3) hazardous material and pipeline security— 

ø(A) $12,000,000 for fiscal year 2008; 

ø(B) $12,000,000 for fiscal year 2009; and 

ø(C) $12,000,000 for fiscal year 2010.¿ 

(v) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Transportation Security Administration for 

salaries, operations, and maintenance of the Administration— (1) $7,810,196,000 for fiscal year 2018; 

(2) $7,849,247,000 for fiscal year 2019; and 

(3) $7,888,494,000 for fiscal year 2020. 

(w) LEADERSHIP AND ORGANIZATION.— (1) IN GENERAL.—For each of the areas described in paragraph (2), the Administrator of the Transportation Security Administration shall appoint at least 1 individual who shall— 

(A) report directly to the Administrator or the Administrator’s designated direct report; and 

(B) be responsible and accountable for that area. 

(2) AREAS DESCRIBED.—The areas described in this paragraph are as follows: 

(A) Aviation security operations and training, including 

risk-based, adaptive security focused on airport checkpoint 

and baggage screening operations, cargo inspections, workforce training and development programs, and other specialized programs designed to secure air transportation. 

(B) Surface transportation security operations and training, including risk-based, adaptive security focused on accomplishing security systems assessments, reviewing and 

prioritizing projects for appropriated surface transportation 

security grants, operator compliance with voluntary industry standards, workforce training and development programs, and other specialized programs designed to secure 

surface transportation. 

(C) Security policy and industry engagement and planning, including the development, interpretation, promotion, 

and oversight of a unified effort regarding risk-based, riskreducing security policies and plans (including strategic 

planning for future contingencies and security challenges) 

between government and transportation stakeholders, including airports, domestic and international airlines, general aviation, air cargo, mass transit and passenger rail, 

freight rail, pipeline, highway and motor carriers, and 

maritime. 

(D) International strategy and operations, including 

agency efforts to work with international partners to secure 

the global transportation network. 


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(E) Trusted and registered traveler programs, including 

the management and marketing of the agency’s trusted 

traveler initiatives, including the PreCheck Program, and 

coordination with trusted traveler programs of other Department of Homeland Security agencies and the private 

sector. 

(F) Technology acquisition and deployment, including the 

oversight, development, testing, evaluation, acquisition, deployment, and maintenance of security technology and 

other acquisition programs. 

(G) Inspection and compliance, including the integrity, 

efficiency and effectiveness of the agency’s workforce, operations, and programs through objective audits, covert testing, inspections, criminal investigations, and regulatory 

compliance. 

(H) Civil rights, liberties, and traveler engagement, including ensuring that agency employees and the traveling 

public are treated in a fair and lawful manner consistent 

with federal laws and regulations protecting privacy and 

prohibiting discrimination and reprisal. 

(I) Legislative and public affairs, including communication and engagement with internal and external audiences 

in a timely, accurate, and transparent manner, and development and implementation of strategies within the agency 

to achieve congressional approval or authorization of agency programs and policies. 

(3) NOTIFICATION.—The Administrator shall transmit to the 

appropriate committees of Congress— 

(A) not later than 180 days after the date of enactment 

of the TSA Modernization Act, a list of the names of the individuals appointed under paragraph (1); and 

(B) an update of the list not later than 5 days after any 

new individual is appointed under paragraph (1). 

§ 115. Transportation Security Oversight Board 

(a) * * * 

(c) DUTIES.—The Board shall— 

(1) review and ratify or disapprove any regulation or security 

directive issued by the øUnder Secretary of Transportation for 

security¿ Administrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date 

of issuance of such regulation or directive; 

(2) facilitate the coordination of intelligence, security, and 

law enforcement activities affecting transportation; 

(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal 

agencies and with carriers and other transportation providers 

as appropriate; 

(4) explore the technical feasibility of developing a common 

database of individuals who may pose a threat to transportation or national security; 

(5) review plans for transportation security; 

(6) make recommendations to the øUnder Secretary¿ Administrator regarding matters reviewed under paragraph (5). 


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(d) QUARTERLY MEETINGS.—The Board shall meet at least quarterly. 

(e) CONSIDERATION OF SECURITY INFORMATION.—A majority of 

the Board may vote to close a meeting of the Board to the public, 

except that meetings shall be closed to the public whenever classified, sensitive security information, or information protected in accordance with section 40119(b), will be discussed. 

TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART I. GENERAL

CHAPTER 401. GENERAL PROVISIONS

§ 40109. Authority to exempt 

(a) * * * 

(b) SAFETY REGULATION.—The Administrator of the Federal Aviation Administration may grant an exemption from a regulation prescribed in carrying out sections 40103(b)(1) and (2)ø, 40119, 44901, 

44903, 44906, and 44935-44937¿ of this title when the Administrator decides the exemption is in the public interest. 

(c) OTHER ECONOMIC REGULATION.—Except as provided in this 

section, the Secretary may exempt to the extent the Secretary considers necessary a person or class of persons from a provision of 

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, and øsections 44909¿ 

sections 44909(a), 44909(b), and 46301(b) of this title, or a regulation or term prescribed under any of those provisions, when the 

Secretary decides that the exemption is consistent with the public 

interest. 

(d) * * * 

§ 40113. Administrative 

(a) GENERAL AUTHORITY.—The Secretary of Transportation (or 

øthe 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 Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be øcarried out by the 

Administrator¿ carried out by that Administrator) may take action 

the Secretaryø, Under Secretary, or Administrator,¿, Administrator 

of the Transportation Security Administration, or Administrator of 

the Federal Aviation Administration, as appropriate, considers necessary to carry out this part, including conducting investigations, 

prescribing regulations, standards, and procedures, and issuing orders. 

(b) HAZARDOUS MATERIAL.—In carrying out this part, the Secretary has the same authority to regulate the transportation of 

hazardous material by air that the Secretary has under section 


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5103 of this title. However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in section 232 of 

title 18) or ammunition for a firearm, when transported by an individual for personal use. 

(c) GOVERNMENTAL ASSISTANCE.—The 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 use the assistance of the Administrator of the 

National Aeronautics and Space Administration and any research 

or technical department, agency, or instrumentality of the United 

States Government on matters related to aircraft fuel and oil, and 

to the design, material, workmanship, construction, performance, 

maintenance, and operation of aircraft, aircraft engines, propellers, 

appliances, and air navigation facilities. Each department, agency, 

and instrumentality may conduct scientific and technical research, 

investigations, and tests necessary to assist the Secretary or Administrator of the Federal Aviation Administration in carrying out 

this part. This part does not authorize duplicating laboratory research activities of a department, agency, or instrumentality. 

(d) INDEMNIFICATION.—The øUnder Secretary of Transportation 

for Security or the¿ Administrator of the Federal Aviation Administration may indemnify an officer or employee of the øTransportation Security Administration or Federal Aviation Administration, 

as the case may be,¿ Federal Aviation Administration against a 

claim or judgment arising out of an act that the øUnder Secretary 

or Administrator, as the case may be,¿ Administrator decides was 

committed within the scope of the official duties of the officer or 

employee. 

(e) * * * 

ø§ 40119. Security and research and development activities 

ø(a) GENERAL REQUIREMENTS.—The Under Secretary of Transportation for Security and the Administrator of the Federal Aviation Administration each shall conduct research (including behavioral research) and development activities appropriate to develop, 

modify, test, and evaluate a system, procedure, facility, or device 

to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security. 

ø(b) DISCLOSURE.— 

ø(1) Notwithstanding section 552 of title 5 and the establishment of a Department of Homeland Security, the Secretary of 

Transportation shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security 

under this title if the Secretary of Transportation decides disclosing the information would— 

ø(A) be an unwarranted invasion of personal privacy; 

ø(B) reveal a trade secret or privileged or confidential 

commercial or financial information; or 

ø(C) be detrimental to transportation safety. 

ø(2) Paragraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. 

ø(3) Nothing in paragraph (1) shall be construed to authorize 

the designation of information as sensitive security information 


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(as defined in section 15.5 of title 49, Code of Federal Regulations)— 

ø(A) to conceal a violation of law, inefficiency, or administrative error; 

ø(B) to prevent embarrassment to a person, organization, or agency; 

ø(C) to restrain competition; or 

ø(D) to prevent or delay the release of information that 

does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. 

ø(4) Section 552a of title 5 shall not apply to disclosures that 

the Administrator may make from the systems of records of 

the Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in 

the performance of official duties. 

ø(c) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except as 

otherwise provided by law, the Under Secretary may not transfer 

a duty or power under this section to another department, agency, 

or instrumentality of the United States Government.¿ 

TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART III. SAFETY

CHAPTER 449. SECURITY

SUBCHAPTER I. REQUIREMENTS

§ 44901. Screening passengers and property 

(a) IN GENERAL.—The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security Administration 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 5ø, 

United States Code¿), except as otherwise provided in øsection 

44919 or 44920¿ section 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 


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

enactment of the Aviation and Transportation Security Act¿. (d) EXPLOSIVE DETECTION SYSTEMS.— (1) IN GENERAL.—The øUnder Secretary of Transportation 

for Security¿ Administrator of the Transportation Security Administration shall take all necessary action to ensure that— 

(A) explosives detection systems are deployed as soon as 

possible to ensure that all United States airports described 

in section 44903(c) have sufficient explosives detection systems to screen all checked baggage øno later than December 31, 2002¿, and that as soon as such systems are in 

place at an airport, all checked baggage at the airport is 

screened by those systems; and 

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

fully utilized; and 

(C) if explosives detection equipment at an airport is unavailable, all checked baggage is screened by an alternative means. 

ø(2) DEADLINE.— ø(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 explosives detection systems required to be deployed under paragraph (1) at all 

airports where explosives detection systems are required 

by December 31, 2002, then with respect to each airport 

for which the Under Secretary makes that determination— 

ø(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 explosives 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 

ø(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. 

ø(B) CRITERIA FOR DETERMINATION.—In making a determination under subparagraph (A), the Under Secretary 

shall take into account— 

ø(i) the nature and extent of the required modifications to the airport’s terminal buildings, and the technical, engineering, design and construction issues; 

ø(ii) the need to ensure that such installations and 

modifications are effective; and 

ø(iii) the feasibility and cost-effectiveness of deploying explosives detection systems in the baggage sorting area or other non-public area rather than the 

lobby of an airport terminal building. 

ø(C) RESPONSE.—The Under Secretary shall respond to 

the request of an airport under subparagraph (A) within 


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14 days of receiving the request. A denial of request shall 

create no right of appeal or judicial review. 

ø(D) AIRPORT EFFORT REQUIRED.—Each airport with respect to which the Under Secretary makes a determination 

under subparagraph (A) shall— 

ø(i) cooperate fully with the Transportation Security 

Administration with respect to screening checked baggage and changes to accommodate explosives detection 

systems; and 

ø(ii) make security projects a priority for the obligation or expenditure of funds made available under 

chapter 417 or 471 until explosives detection systems 

required to be deployed under paragraph (1) have been 

deployed at that airport. 

ø(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.¿ 

ø(4)¿(2) PRECLEARANCE AIRPORTS.— (A) IN GENERAL.—For a flight or flight segment originating at an airport outside the United States and traveling to the United States with respect to which checked 

baggage has been screened in accordance with an aviation 

security preclearance agreement between the United 

States and the country in which such airport is located, 

the øAssistant Secretary (Transportation Security Administration)¿ Adminstrator of the Transportation Security Administration may, in coordination with U.S. Customs and 

Border Protection, determine whether such baggage must 

be re-screened in the United States by an explosives detection system before such baggage continues on any additional flight or flight segment. 

(B) AVIATION SECURITY PRECLEARANCE AGREEMENT DE- FINED.—In this paragraph, the term ‘‘aviation security 

preclearance agreement’’ means an agreement that delineates and implements security standards and protocols 

that are determined by the øAssistant Secretary¿ Administrator of the Transportation Security Administration, in 

coordination with U.S. Customs and Border Protection, to 

be comparable to those of the United States and therefore 

sufficiently effective to enable passengers to deplane into 

sterile areas of airports in the United States. 

(C) RESCREENING REQUIREMENT.—If the Administrator of 

the Transportation Security Administration determines 

that the government of a foreign country has not maintained security standards and protocols comparable to 

those of the United States at airports at which 

preclearance operations have been established in accordance with this paragraph, the Administrator shall ensure 

that Transportation Security Administration personnel rescreen passengers arriving from such airports and their 


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property in the United States before such passengers are 

permitted into sterile areas of airports in the United 

States. 

(D) REPORT.—The øAssistant Secretary¿ Administrator 

of the Transportation Security Administration shall submit 

to the Committee on Homeland Security of the House of 

Representatives, the Committee on Commerce, Science, 

and Transportation of the Senate, and the Committee on 

Homeland Security and Governmental Affairs of the Senate an annual report on the re-screening of baggage under 

this paragraph. Each such report shall include the following for the year covered by the report: 

(i) A list of airports outside the United States from 

which a flight or flight segment traveled to the United 

States for which the øAssistant Secretary¿ Administrator determined, in accordance with the authority 

under subparagraph (A), that checked baggage was 

not required to be re-screened in the United States by 

an explosives detection system before such baggage 

continued on an additional flight or flight segment. 

(ii) The amount of Federal savings generated from 

the exercise of such authority. 

(e) MANDATORY SCREENING WHERE EDS NOT YET AVAILABLE.— As soon as practicable øbut not later than the 60th day following 

the date of enactment of the Aviation and Transportation Security 

Act¿ and until the requirements of subsection (b)(1)(A) are met, the 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration shall require alternative means for screening any 

piece of checked baggage that is not screened by an explosives 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 explosives detection units in combination with other means. 

(4) Other means or technology approved by the øUnder Secretary¿ Administrator. 

(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 øafter the date of enactment of the Aviation and Transportation Security Act¿. 

(g) AIR CARGO ON PASSENGER AIRCRAFT.— 

(1) IN GENERAL.—øNot later than 3 years after the date of 

enactment of the Implementing Recommendations of the 9/11 

Commission Act of 2007, the¿ The Secretary of Homeland Security shall establish a system to screen 100 percent of cargo 

transported on passenger aircraft operated by an air carrier or 

foreign air carrier in air transportation or intrastate air transportation to ensure the security of all such passenger aircraft 

carrying cargo. 

(2) MINIMUM STANDARDS.—The system referred to in paragraph (1) shall require, at a minimum, that equipment, techVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00045 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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nology, procedures, personnel, or other methods approved by 

the Administrator of the Transportation Security Administration, are used to screen cargo carried on passenger aircraft described in paragraph (1) to provide a level of security commensurate with the level of security for the screening of passenger 

checked baggage øas follows: 

ø(A) 50 percent of such cargo is so screened not later 

than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 

2007. 

ø(B) 100 percent of such cargo is so screened not later 

than 3 years after such date of enactment. 

ø(3) REGULATIONS.— ø(A) INTERIM FINAL RULE.—The Secretary of Homeland 

Security may issue an interim final rule as a temporary 

regulation to implement this subsection without regard to 

the provisions of chapter 5 of title 5. 

ø(B) FINAL RULE.— ø(i) IN GENERAL.—If the Secretary issues an interim 

final rule under subparagraph (A), the Secretary shall 

issue, not later than one year after the effective date 

of the interim final rule, a final rule as a permanent 

regulation to implement this subsection in accordance 

with the provisions of chapter 5 of title 5. 

ø(ii) FAILURE TO ACT.—If the Secretary does not 

issue a final rule in accordance with clause (i) on or 

before the last day of the one-year period referred to 

in clause (i), the Secretary shall submit to the Committee on Homeland Security of the House of Representatives, Committee on Commerce, Science, and 

Transportation of the Senate, and the Committee on 

Homeland Security and Governmental Affairs of the 

Senate a report explaining why the final rule was not 

timely issued and providing an estimate of the earliest 

date on which the final rule will be issued. The Secretary shall submit the first such report within 10 

days after such last day and submit a report to the 

Committees containing updated information every 30 

days thereafter until the final rule is issued. 

ø(iii) SUPERCEDING OF INTERIM FINAL RULE.—The 

final rule issued in accordance with this subparagraph 

shall supersede the interim final rule issued under 

subparagraph (A).¿. 

(3) REGULATIONS.—The Secretary of Homeland Security shall 

issue a final rule as a permanent regulation to implement this 

subsection in accordance with the provisions of chapter 5 of title 

5. 

ø(4) REPORT.—Not later than 1 year after the date of establishment of the system under paragraph (1), the Secretary 

shall submit to the Committees referred to in paragraph 

(3)(B)(ii) a report that describes the system.¿ 

ø(5)¿(4) SCREENING DEFINED.—In this subsection the term 

‘‘screening’’ means a physical examination or non-intrusive 

methods of assessing whether cargo poses a threat to transportation security. Methods of screening include x-ray systems, exVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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plosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation 

Security Administration, or a physical search together with 

manifest verification. The Administrator may approve additional methods to ensure that the cargo does not pose a threat 

to transportation security and to assist in meeting the requirements of this subsection. Such additional cargo screening 

methods shall not include solely performing a review of information about the contents of cargo or verifying the identity of 

a shipper of the cargo that is not performed in conjunction 

with other security methods authorized under this subsection, 

including whether a known shipper is registered in the known 

shipper database. Such additional cargo screening methods 

may include a program to certify the security methods used by 

shippers pursuant to paragraphs (1) and (2) and alternative 

screening methods pursuant to exemptions referred to in subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007. 

(h) DEPLOYMENT OF ARMED PERSONNEL.— 

(1) IN GENERAL.—The øUnder Secretary¿ Administrator of 

the Transportation Security Administration 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 øUnder Secretary¿ Administrator of the Transportation Security Administration 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 øUnder Secretary¿ Administrator 

shall order the deployment of additional law enforcement personnel at airport security screening locations if the øUnder 

Secretary¿ Administrator determines that the additional deployment is necessary to ensure passenger safety and national 

security. 

(i) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.—The 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration— 

(1) may exempt from this section air transportation operations, except scheduled passenger operations of an air carrier 

providing air transportation under a certificate issued under 

section 41102 of this title or a permit issued under section 

41302 of this title; and 

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

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

the regulation, unless the øUnder Secretary¿ Administrator 

decides an emergency exists requiring the regulation to become 

effective in fewer than 30 days and notifies Congress of that 

decision. 

(j) BLAST-RESISTANT CARGO CONTAINERS.— 

(1) IN GENERAL.—øBefore January 1, 2008, the¿ The Administrator of the Transportation Security Administration shall— 


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(A) evaluate the results of the blast-resistant cargo container pilot program that was initiated before øthe date of 

enactment of this subsection¿ August 3, 2007; and 

(B) prepare and distribute through the Aviation Security 

Advisory Committee to the appropriate Committees of 

Congress and air carriers a report on that evaluation 

which may contain nonclassified and classified sections. 

(2) ACQUISITION, MAINTENANCE, AND REPLACEMENT.—Upon 

completion and consistent with the results of the evaluation 

that paragraph (1)(A) requires, the Administrator shall— 

(A) develop and implement a program, as the Administrator determines appropriate, to acquire, maintain, and 

replace blast-resistant cargo containers; 

(B) pay for the program; and 

(C) make available blast-resistant cargo containers to air 

carriers pursuant to paragraph (3). 

(3) DISTRIBUTION TO AIR CARRIERS.—The Administrator shall 

make available, beginning not later than July 1, 2008, blastresistant cargo containers to air carriers for use on a risk managed basis as determined by the Administrator. 

(k) GENERAL AVIATION AIRPORT SECURITY PROGRAM.— (1) IN GENERAL.—øNot later than one year after the date of 

enactment of this subsection, the¿ The Administrator of the 

Transportation Security Administration shall— 

(A) develop a standardized threat and vulnerability assessment program for general aviation airports (as defined 

in section 47134(m)); and 

(B) implement a program to perform such assessments 

on a risk-managed basis at general aviation airports. 

(2) GRANT PROGRAM.—øNot later than 6 months after the 

date of enactment of this subsection, the¿ The Administrator 

shall initiate and complete a study of the feasibility of a program, based on a risk-managed approach, to provide grants to 

operators of general aviation airports (as defined in section 

47134(m)) for projects to upgrade security at such airports. If 

the Administrator determines that such a program is feasible, 

the Administrator shall establish such a program. 

(3) APPLICATION TO GENERAL AVIATION AIRCRAFT.—øNot later 

than 180 days after the date of enactment of this subsection, 

the¿ The Administrator shall develop a risk-based system 

under which— 

(A) general aviation aircraft, as identified by the Administrator, in coordination with the Administrator of the Federal Aviation Administration, are required to submit passenger information and advance notification requirements 

for United States Customs and Border Protection before 

entering United States airspace; and 

(B) such information is checked against appropriate 

databases. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator of the Transportation Security Administration such sums as may be necessary 

to carry out paragraphs (2) and (3). 

(l) LIMITATIONS ON USE OF ADVANCED IMAGING TECHNOLOGY FOR

SCREENING PASSENGERS.— 


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(1) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) ADVANCED IMAGING TECHNOLOGY.—The term ‘‘advanced imaging technology’’— 

(i) means a device used in the screening of passengers that creates a visual image of an individual 

showing the surface of the skin and revealing other 

objects on the body; and 

(ii) may include devices using backscatter x-rays or 

millimeter waves and devices referred to as ‘‘wholebody imaging technology’’ or ‘‘body scanning machines’’. 

(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 

term ‘‘appropriate congressional committees’’ means— 

(i) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security 

and Governmental Affairs of the Senate; and 

(ii) the Committee on Homeland Security of the 

House of Representatives. 

(C) AUTOMATIC TARGET RECOGNITION SOFTWARE.—The 

term ‘‘automatic target recognition software’’ means software installed on an advanced imaging technology that 

produces a generic image of the individual being screened 

that is the same as the images produced for all other 

screened individuals. 

(2) USE OF ADVANCED IMAGING TECHNOLOGY.—øBeginning 

June 1, 2012, the Assistant Secretary of Homeland Security 

(Transportation Security Administration)¿ The Administrator 

of the Transportation Security Administration shall ensure that 

any advanced imaging technology used for the screening of 

passengers under this section— 

(A) is equipped with and employs automatic target recognition software; and 

(B) complies with such other requirements as the øAssistant Secretary¿ Administrator determines necessary to 

address privacy considerations. 

(3) EXTENSION.— (A) IN GENERAL.—The øAssistant Secretary¿ Administrator of the Transportation Security Administration may 

extend the deadline specified in paragraph (2), if the øAssistant Secretary¿ Administrator determines that— 

(i) an advanced imaging technology equipped with 

automatic target recognition software is not substantially as effective at screening passengers as an advanced imaging technology without such software; or 

(ii) additional testing of such software is necessary. 

(B) DURATION OF EXTENSIONS.—The øAssistant Secretary¿ Administrator of the Transportation Security Administration may issue one or more extensions under subparagraph (A). The duration of each extension may not exceed one year. 

(4) REPORTS.— (A) IN GENERAL.—Not later than ø60 days after the 

deadline specified in paragraph (2), and not later than¿ 60 

days after the date on which the øAssistant Secretary¿ AdVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00049 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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ministrator of the Transportation Security Administration 

issues any extension under paragraph (3), the øAssistant 

Secretary¿ Administrator shall submit to the appropriate 

congressional committees a report on the implementation 

of this subsection. 

(B) ELEMENTS.—A report submitted under subparagraph 

(A) shall include the following: 

(i) A description of all matters the øAssistant Secretary¿ Administrator of the Transportation Security 

Administration considers relevant to the implementation of the requirements of this subsection. 

(ii) The status of compliance by the Transportation 

Security Administration with such requirements. 

(iii) If the Administration is not in full compliance 

with such requirements— 

(I) the reasons for the noncompliance; and 

(II) a timeline depicting when the øAssistant 

Secretary¿ Administrator of the Transportation 

Security Administration expects the Administration to achieve full compliance. 

(C) SECURITY CLASSIFICATION.—To the greatest extent 

practicable, a report prepared under subparagraph (A) 

shall be submitted in an unclassified format. If necessary, 

the report may include a classified annex. 

§ 44902. Refusal to transport passengers and property 

(a) MANDATORY REFUSAL.—The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security 

Administration shall prescribe regulations requiring an air carrier, 

intrastate air carrier, or foreign air carrier to refuse to transport— 

(1) a passenger who does not consent to a search under section 44901(a) of this title establishing whether the passenger 

is carrying unlawfully a dangerous weapon, explosive, or other 

destructive substance; or 

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

of the property establishing whether the property unlawfully 

contains a dangerous weapon, explosive, or other destructive 

substance. 

(b) PERMISSIVE REFUSAL.—Subject to regulations of the øUnder 

Secretary¿ Administrator of the Transportation Security Administration, 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) øDEFINITION¿ DEFINITIONS.—øIn this section, ‘‘law enforcement personnel’’ means individuals—¿ In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Transportation Security Administration. 


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(2) LAW ENFORCEMENT PERSONNEL.—The term ‘‘law enforcement personnel’’ means individuals— 

ø(1)¿(A) authorized to carry and use firearms; 

ø(2)¿(B) vested with the degree of the police power of arrest 

the øUnder Secretary of Transportation for Security¿ Administrator considers necessary to carry out this section; and 

ø(3)¿(C) identifiable by appropriate indicia of authority. 

(b) PROTECTION AGAINST VIOLENCE AND PIRACY.—The øUnder 

Secretary¿ Administrator 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 øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator decides, after being notified by an operator in the form the øUnder Secretary¿ Administrator prescribes, that not enough qualified State, local, and 

private law enforcement personnel are available to carry out 

subsection (b), the øUnder Secretary¿ Administrator may authorize the operator to use, on a reimbursable basis, personnel 

employed by the øUnder Secretary¿ Administrator, 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 øUnder Secretary¿ Administrator shall 

consider the number of passengers boarded at the airport, the 


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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 øUnder Secretary¿ Administrator may approve a 

security program of an airport operator, or an amendment in 

an existing program, that incorporates a security program of 

an airport tenant (except an air carrier separately complying 

with part 108 or 129 of title 14, Code of Federal Regulations) 

having access to a secured area of the airport, if the program 

or amendment incorporates— 

(i) the measures the tenant will use, within the tenant’s leased areas or areas designated for the tenant’s 

exclusive use under an agreement with the airport operator, to carry out the security requirements imposed 

by the øUnder Secretary¿ Administrator on the airport operator under the access control system requirements of section 107.14 of title 14, Code of Federal 

Regulations, or under other requirements of part 107 

of title 14; and 

(ii) the methods the airport operator will use to 

monitor and audit the tenant’s compliance with the security requirements and provides that the tenant will 

be required to pay monetary penalties to the airport 

operator if the tenant fails to carry out a security requirement under a contractual provision or requirement imposed by the airport operator. 

(B) If the øUnder Secretary¿ Administrator approves a 

program or amendment described in subparagraph (A) of 

this paragraph, the airport operator may not be found to 

be in violation of a requirement of this subsection or subsection (b) of this section when the airport operator demonstrates that the tenant or an employee, permittee, or 

invitee of the tenant is responsible for the violation and 

that the airport operator has complied with all measures 

in its security program for securing compliance with its security program by the tenant. 

(C) 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 øSecretary of Transportation¿ Administrator 

may authorize an individual who carries out air transportation security duties— 

(1) to carry firearms; and 


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

the United States committed in the presence of the individual 

or for a felony under the laws of the United States, if the individual reasonably believes the individual to be arrested has 

committed or is committing a felony. 

(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The 

øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator, other departments, agencies, and instrumentalities of the Government shall provide assistance necessary 

to carry out this subsection. 

(f) GOVERNMENT AND INDUSTRY CONSORTIA.—The øUnder Secretary¿ Administrator may establish at airports such consortia of 

government and aviation industry representatives as the øUnder 

Secretary¿ Administrator 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) øUNDER SECRETARY¿ ADMINISTRATOR TO PUBLISH

SANCTIONS.—The øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator in its security program. The security program shall 

include a process for taking prompt disciplinary action 

against an employee who commits an infraction of airport 

access control requirements. 

(2) IMPROVEMENTS.—The øUnder Secretary¿ Administrator 

shall— 

(A) work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses; 

(B) require airport operators and air carriers to develop 

and implement comprehensive and recurring training programs that teach employees their roles in airport security, 

the importance of their participation, how their performance will be evaluated, and what action will be taken if 

they fail to perform; 

(C) require airport operators and air carriers to develop 

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ance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the øUnder Secretary¿ Administrator to 

measure employee compliance; 

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

with access control requirements, report annually findings 

of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and 

take any other appropriate enforcement actions when noncompliance is found; 

(E) improve and better administer the øUnder Secretary’s¿ Administrator’s security database to ensure its 

efficiency, reliability, and usefulness for identification of 

systemic problems and allocation of resources; 

(F) improve the execution of the øUnder Secretary’s¿ Administrator’s quality control program; and 

(G) work with airport operators to strengthen access control points in secured areas (including air traffic control 

operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery 

areas) to ensure the security of passengers and aircraft 

and consider the deployment of biometric or similar technologies that identify individuals based on unique personal 

characteristics. 

(h) IMPROVED AIRPORT PERIMETER ACCESS SECURITY.— (1) IN GENERAL.—The øUnder Secretary¿ Administrator, 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 

øUnder Secretary¿ Administrator shall consider the physical 

security needs of air traffic control facilities, parked aircraft, 

aircraft servicing equipment, aircraft supplies (including fuel), 

automobile parking facilities within airport perimeters or adjacent to secured facilities, and access and transition areas at 

airports served by other means of ground or water transportation. 

(3) DEPLOYMENT OF FEDERAL LAW ENFORCEMENT PERSONNEL.—The øSecretary¿ Secretary of Homeland Security 

may enter into a memorandum of understanding or other 

agreement with the Attorney General or the head of any other 

appropriate Federal law enforcement agency to deploy Federal 

law enforcement personnel at an airport in order to meet aviation safety and security concerns. 

(4) AIRPORT PERIMETER SCREENING.—The øUnder Secretary¿ 

Administrator— (A) shall requireø, 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); 


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(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 øsection 44903(c)¿ subsection (c); 

(ii) all supplies, including catering and passenger 

amenities, placed aboard such aircraft, including the 

sealing of supplies to ensure easy visual detection of 

tampering; and 

(iii) all persons providing such supplies and facilities 

of such persons; 

(D) shall require vendors having direct access to the airfield and aircraft to develop security programs; and 

(E) shall issueø, 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 øAssistant Secretary of Homeland Security (Transportation 

Security Administration)¿ Administrator 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 ARMED LAW ENFORCEMENT TRAVEL.— 

(A) IN GENERAL.—øNot later than 18 months after the 

date of enactment of the Implementing Recommendations 

of the 9/11 Commission Act of 2007, the¿ The Secretary of 


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Homeland Security, in consultation with the Attorney General, shall— 

(i) implement this øsection¿ paragraph by publication in the Federal Register; and 

(ii) establish a national registered armed law enforcement program, that shall be Federally managed, 

for law enforcement officers needing to be armed when 

traveling by commercial aircraft. 

(B) PROGRAM REQUIREMENTS.—The program shall— 

(i) establish a credential or a system that incorporates biometric technology and other applicable 

technologies; 

(ii) establish a system for law enforcement officers 

who need to be armed when traveling by commercial 

aircraft on a regular basis and for those who need to 

be armed during temporary travel assignments; 

(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential 

Directive 12; 

(iv) apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and 

(v) establish a process by which the travel credential 

or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or 

territorial law enforcement officer seeking to carry a 

weapon on board a commercial aircraft, without unnecessarily disclosing to the public that the individual 

is a law enforcement officer. 

(C) PROCEDURES.—In establishing the program, the 

øSecretary¿ Secretary of Homeland Security shall develop 

procedures— 

(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed and 

the reason is within the scope of the duties of such officer; 

(ii) to preserve the anonymity of the armed law enforcement officer; 

(iii) to resolve failures to enroll, false matches, and 

false nonmatches relating to the use of the law enforcement travel credential or system; 

(iv) to determine the method of issuance of the biometric credential to law enforcement officers needing 

to be armed when traveling by commercial aircraft; 

(v) to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use; 

(vi) to coordinate the program with the Federal Air 

Marshal Service, including the force multiplier program of the Service; and 

(vii) to implement a phased approach to launching 

the program, addressing the immediate needs of the 

relevant Federal agent population before expanding to 

other law enforcement populations. 


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(7) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) BIOMETRIC IDENTIFIER INFORMATION.—The term ‘‘biometric identifier information’’ means the distinct physical 

or behavioral characteristics of an individual that are used 

for unique identification, or verification of the identity, of 

an individual. 

(B) BIOMETRIC IDENTIFIER.—The term ‘‘biometric identifier’’ means a technology that enables the automated identification, or verification of the identity, of an individual 

based on biometric information. 

(C) FAILURE TO ENROLL.—The term ‘‘failure to enroll’’ 

means the inability of an individual to enroll in a biometric identifier system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide 

the biometric sample, a system design that makes it difficult to provide consistent biometric identifier information, 

or other factors. 

(D) FALSE MATCH.—The term ‘‘false match’’ means the 

incorrect matching of one individual’s biometric identifier 

information to another individual’s biometric identifier information by a biometric identifier system. 

(E) FALSE NON-MATCH.—The term ‘‘false non-match’’ 

means the rejection of a valid identity by a biometric identifier system. 

(F) SECURE AREA OF AN AIRPORT.—The term ‘‘secure area 

of an airport’’ means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section). 

(i) AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-LETHAL WEAPONS.— 

(1) IN GENERAL.—If the øUnder Secretary¿ Administrator, 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 øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator grants 

authority under paragraph (1) for flight deck crew members to 

carry a less-than-lethal weapon while engaged in providing air 

transportation or intrastate air transportation, the øUnder 

Secretary¿ Administrator shall— 

(A) prescribe rules requiring that any such crew member 

be trained in the proper use of the weapon; and 

(B) prescribe guidelines setting forth the circumstances 

under which such weapons may be used. 

(3) REQUEST OF AIR CARRIERS TO USE LESS-THAN-LETHAL

WEAPONS.—Ifø, after the date of enactment of this paragraph,¿ 

the øUnder Secretary¿ Administrator receives a request from 

an air carrier for authorization to allow pilots of the air carrier 


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to carry less-than-lethal weapons, the øUnder Secretary¿ Administrator shall respond to that request within 90 days. 

(j) SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING SECURITY TECHNOLOGIES AND PROCEDURES.— 

ø(1) IN GENERAL.—The Under Secretary of Transportation 

for Security shall recommend to airport operators, within 6 

months after the date of enactment of the Aviation and Transportation Security Act, commercially available measures or 

procedures to prevent access to secure airport areas by unauthorized persons. As part of the 6-month assessment, the 

Under Secretary for Transportation Security shall— 

ø(A) review the effectiveness of biometrics systems currently in use at several United States airports, including 

San Francisco International; 

ø(B) review the effectiveness of increased surveillance at 

access points; 

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

access systems; 

ø(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 

ø(E) specifically target the elimination of the ‘‘piggybacking’’ phenomenon, where another person follows an 

authorized person through the access point. 

øThe 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.¿ 

(1) IN GENERAL.—The Administrator shall periodically recommend to airport operators commercially available measures 

or procedures to prevent access to secure airport areas by unauthorized persons. 

(2) øCOMPUTER-ASSISTED PASSENGER PRESCREENING SYSTEM¿ 

SECURE FLIGHT PROGRAM.— 

(A) IN GENERAL.—The øSecretary of Transportation¿ Administrator shall ensure that the øComputer-Assisted Passenger Prescreening System¿ Secure Flight program, or 

any successor øsystem¿ program— 

(i) is used to evaluate all passengers before they 

board an aircraft; and 

(ii) includes procedures to ensure that individuals 

selected by the øsystem¿ program and their carry-on 

and checked baggage are adequately screened. 

(B) MODIFICATIONS.—The øSecretary of Transportation¿ 

Administrator may modify any requirement under the 

øComputer-Assisted Passenger Prescreening System¿ Secure Flight program for flights that originate and terminate within the same State, if the øSecretary¿ Administrator determines that— 


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(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.—øNot later than 

January 1, 2005, the Assistant Secretary of Homeland 

Security (Transportation Security Administration), or 

the designee of the Assistant Secretary,¿ The Administrator 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 øAssistant Secretary¿ Administrator, 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.—øNot later than 180 

days after completion of testing under clause (i), the¿ 

The øAssistant Secretary¿ Administrator, or the designee of the øAssistant Secretary¿ Administrator, 

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 øAssistant Secretary¿ Administrator 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 


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(VII) ensure that there are no specific privacy 

concerns with the technological architecture of the 

system. 

(iv) PASSENGER INFORMATION.—øNot later than 180 

days after¿ After the completion of the testing of the 

advanced passenger prescreening system, the øAssistant Secretary¿ Administrator, by order or interim 

final rule— 

(I) shall require air carriers to supply to the 

øAssistant Secretary¿ Administrator the passenger information needed to begin implementing 

the advanced passenger prescreening system; and 

(II) shall require entities that provide systems 

and services to air carriers in the operation of air 

carrier reservations systems to provide to air carriers passenger information in possession of such 

entities, but only to the extent necessary to comply with subclause (I). 

(v) INCLUSION OF DETAINEES ON NO FLY LIST.—The 

øAssistant Secretary¿ Administrator, in coordination 

with the Terrorist Screening Center, shall include on 

the No Fly List any individual who was a detainee 

held at the Naval Station, Guantanamo Bay, Cuba, 

unless the President certifies in writing to Congress 

that the detainee poses no threat to the United States, 

its citizens, or its allies. For purposes of this clause, 

the term ‘‘detainee’’ means an individual in the custody or under the physical control of the United States 

as a result of armed conflict. 

(D) SCREENING OF EMPLOYEES AGAINST WATCHLIST.—The 

øAssistant Secretary of Homeland Security (Transportation Security Administration)¿ Administrator, in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall 

ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist 

watchlist maintained by the Federal Government before— 

(i) being certificated by the Federal Aviation Administration; 

(ii) being granted unescorted access to the secure 

area of an airport; or 

(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, 

Code of Federal Regulations, or any successor regulation to such section) of an airport. 

(E) AIRCRAFT CHARTER CUSTOMER AND LESSEE

PRESCREENING.— 

(i) IN GENERAL.—øNot later than 90 days after the 

date on which the Assistant Secretary assumes the 

performance of the advanced passenger pre screening 

function under subparagraph (C)(ii), the¿ The øAssistant Secretary¿ Administrator shall establish a process 

by which operators of aircraft to be used in charter air 

transportation with a maximum takeoff weight greater 

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imum takeoff weight greater than 12,500 pounds 

may— 

(I) request the Department of Homeland Security to use the advanced passenger pre screening 

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 øAssistant Secretary¿ Administrator 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 øAssistant Secretary¿ Administrator 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 øAssistant Secretary¿ Administrator 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). 


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(k) * * * 

(l) AIR CHARTER PROGRAM.— (1) IN GENERAL.—The øUnder Secretary for Border and 

Transportation Security of the Department of Homeland Security¿ Administrator shall implement an aviation security program for charter air carriers (as defined in section 40102(a)) 

with a maximum certificated takeoff weight of more than 

12,500 pounds. 

(2) EXEMPTION FOR ARMED FORCES CHARTERS.— (A) IN GENERAL.—Paragraph (1) and the other requirements of this chapter do not apply to passengers and property carried by aircraft when employed to provide charter 

transportation to members of the armed forces. 

(B) SECURITY PROCEDURES.—The Secretary of Defense, 

in consultation with the Secretary of Homeland Security 

and the Secretary of Transportation, shall establish security procedures relating to the operation of aircraft when 

employed to provide charter transportation to members of 

the armed forces to or from an airport described in section 

44903(c). 

(C) ARMED FORCES DEFINED.—In this paragraph, the 

term ‘‘armed forces’’ has the meaning given that term by 

section 101(a)(4) of title 10. 

(m) SECURITY SCREENING FOR MEMBERS OF THE ARMED

FORCES.— 

(1) IN GENERAL.—The øAssistant Secretary of Homeland Security (Transportation Security Administration)¿ Administrator, in consultation with the Department of Defense, shall 

develop and implement a plan to provide expedited security 

screening services for a member of the armed forces, and, to 

the extent possible, any accompanying family member, if the 

member of the armed forces, while in uniform, presents documentation indicating official orders for air transportation departing from a primary airport (as defined in section 47102). 

(2) PROTOCOLS.—In developing the plan, the øAssistant Secretary¿ Administrator shall consider— 

(A) leveraging existing security screening models used to 

reduce passenger wait times; 

(B) establishing standard guidelines for the screening of 

military uniform items, including combat boots; and 

(C) incorporating any new screening protocols into an existing trusted passenger program, as established pursuant 

to section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note), or into the development of 

any new credential or system that incorporates biometric 

technology and other applicable technologies to verify the 

identity of individuals traveling in air transportation. 

(3) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall affect the authority of the øAssistant Secretary¿ Administrator to require additional screening of a member of the 

armed forces if intelligence or law enforcement information indicates that additional screening is necessary. 

(4) REPORT TO CONGRESS.—The øAssistant Secretary¿ Administrator shall submit to the appropriate committees of Congress a report on the implementation of the plan. 


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(n) PASSENGER EXIT POINTS FROM STERILE AREA.— (1) IN GENERAL.—The Secretary of Homeland Security shall 

ensure that the Transportation Security Administration is responsible for monitoring passenger exit points from the sterile 

area of airports at which the Transportation Security Administration provided such monitoring as of December 1, 2013. 

(2) STERILE AREA DEFINED.—In this section, the term ‘‘sterile 

area’’ has the meaning given that term in section 1540.5 of 

title 49, Code of Federal Regulations (or any corresponding 

similar regulation or ruling). 

§ 44904. Domestic air transportation system security 

(a) ASSESSING THREATS.—The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security 

Administration and the Director of the Federal Bureau of Investigation jointly shall assess current and potential threats to the domestic air transportation system. The assessment shall include 

consideration of the extent to which there are individuals with the 

capability and intent to carry out terrorist or related unlawful acts 

against that system and the ways in which those individuals might 

carry out those acts. The øUnder Secretary¿ Administrator of the 

Transportation Security Administration 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 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration 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 øsection 

114(t)(3)¿ section 114(s)(3), the modal security plan for aviation 

prepared under øsection 114(t)¿ section 114(s) 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.—øNot 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)¿ The 

Administrator of the Transportation Security Administration shall 


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issue operational criteria to protect airport infrastructure and operations against the threats identified in the plans prepared under 

øsection 114(t)(1)¿ section 114(s)(1) and shall approve best practices 

guidelines for airport assets. 

(e) IMPROVING SECURITY.—The øUnder Secretary¿ Administrator 

of the Transportation Security Administration 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 øSecretary of 

Transportation¿ Administrator of the Transportation Security Administration 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 øSecretary.¿ 

Administrator. 

(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 øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security 

Administration 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 øUnder Secretary¿ Administrator of the Transportation Security Administration, of a flight or series of flights instead of public 

notice; 

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

reduce the risk to their safety after receiving public notice 

of a threat; and 

(G) other factors the øUnder Secretary¿ Administrator of 

the Transportation Security Administration considers appropriate. 


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(d) GUIDELINES ON NOTICE TO CREWS.—The øUnder Secretary¿ 

Administrator of the Transportation Security Administration 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) * * * 

(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 øUnder Secretary¿ Administrator of 

the Transportation Security Administration 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) * * * 

§ 44906. Foreign air carrier security programs 

The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security Administration shall continue 

in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a 

security program approved by the øUnder Secretary¿ Administrator. The øUnder Secretary¿ Administrator shall not approve a 

security program of a foreign air carrier under section 129.25, or 

any successor regulation, unless the security program requires the 

foreign air carrier in its operations to and from airports in the 

United States to adhere to the identical security measures that the 

øUnder Secretary¿ Administrator requires air carriers serving the 

same airports to adhere to. The foregoing requirement shall not be 

interpreted to limit the ability of the øUnder Secretary¿ Administrator to impose additional security measures on a foreign air carrier or an air carrier when the øUnder Secretary¿ Administrator 

determines that a specific threat warrants such additional measures. The øUnder Secretary¿ Administrator shall prescribe regulations to carry out this section. 

§ 44908. Travel advisory and suspension of foreign assistance 

(a) TRAVEL ADVISORIES.—On being notified by the øSecretary of 

Transportation¿ Administrator of the Transportation Security Administration that the øSecretary of Transportation¿ Administrator 

of the Transportation Security Administration has decided under 

section 44907(d)(2)(A)(ii) of this title that a condition exists that 

threatens the øsafety or¿ security of passengers, aircraft, or crew 

traveling to or from a foreign airport that the Secretary of Transportation has decided under section 44907 of this title does not 

maintain and carry out effective security measures, the Secretary 

of State— 

(1) immediately shall issue a travel advisory for that airport; 

and 

(2) shall publicize the advisory widely. 


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(b) SUSPENDING ASSISTANCE.—The President shall suspend assistance provided under the Foreign Assistance Act of 1961 (22 

U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 

2751 et seq.) to a country in which is located an airport with respect to which section 44907(d)(1) of this title becomes effective if 

the Secretary of State decides the country is a high terrorist threat 

country. The President may waive this subsection if the President 

decides, and reports to Congress, that the waiver is required because of national security interests or a humanitarian emergency. 

(c) ACTIONS NO LONGER REQUIRED.—An action required under 

this section is no longer required only if the øSecretary of Transportation¿ Administrator of the Transportation Security Administration has made a decision as provided under section 44907(d)(4) 

of this title. øThe Secretary¿ The Administrator shall notify Congress when the action is no longer required to be taken. 

§ 44909. Passenger manifests 

(a) AIR CARRIER REQUIREMENTS.— 

(1) øNot later than March 16, 1991, the¿ The Secretary of 

Transportation shall require each air carrier to provide a passenger manifest for a flight to an appropriate representative of 

the Secretary of State— 

(A) not later than one hour after that carrier is notified 

of an aviation disaster outside the United States involving 

that flight; or 

(B) if it is not technologically feasible or reasonable to 

comply with clause (A) of this paragraph, then as expeditiously as possible, but not later than 3 hours after the 

carrier is so notified. 

(2) The passenger manifest should include the following information: 

(A) the full name of each passenger. 

(B) the passport number of each passenger, if required 

for travel. 

(C) the name and telephone number of a contact for each 

passenger. 

(3) In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air carriers to collect passenger manifest information as a 

condition for passengers boarding a flight of the carrier. 

(b) * * * 

(c) FLIGHTS IN FOREIGN AIR TRANSPORTATION TO THE UNITED

STATES.— 

(1) IN GENERAL.—øNot later than 60 days after the date of 

enactment of the Aviation and Transportation Security Act, 

each¿ 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. 


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(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 øUnder Secretary¿ 

Administrator of the Transportation Security Administration, in consultation with the Commissioner of Customs, 

determines is reasonably necessary to ensure aviation 

safety. 

(3) PASSENGER NAME RECORDS.—The carriers shall make 

passenger name record information available to the Customs 

Service upon request. 

(4) TRANSMISSION OF MANIFEST.—Subject to 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 AGEN- CIES.—Upon request, information provided to the øUnder Secretary¿ Administrator of the Transportation Security Administration 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.—øNot later than 60 days after date of 

enactment of this paragraph, the¿ 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 øthe Secretary will¿ 

the Secretary of Homeland Security 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 


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Department of Homeland Security record shall contain 

information determined by øthe Secretary to¿ the Secretary of Homeland Security to authenticate the identity of such a passenger or individual. 

§ 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. 

(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 øUnder Secretary of Transportation for Security¿ 

Administrator of the Transportation Security Administration. 

(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 ørequest of 

the Secretary¿ request of the Secretary of Homeland Security, 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 øSecretary, and the Under Secretary¿ 

Secretary of Homeland Security, and the Administrator of the 

Transportation Security Administration shall review and, as appropriate, revise written working agreements between the øintelligence community and the Under Secretary¿ intelligence community and the Administrator of the Transportation Security Administration. 

§ 44912. Research and development 

(a) PROGRAM REQUIREMENT.— 

(1) The øUnder Secretary of Transportation for Security¿ Administrator 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 placeø, not later than November 16, 1993,¿ new 

equipment and procedures necessary to meet the technological 

challenges presented by terrorism. The program shall include 


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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 øUnder Secretary¿ Administrator 

shall— 

(A) consult and coordinate activities with other departments, agencies, and instrumentalities of the United 

States Government doing similar research; 

(B) identify departments, agencies, and instrumentalities 

that would benefit from that research; and 

(C) seek cost-sharing agreements with those departments, agencies, and instrumentalities. 

(3) In carrying out the program established under this subsection, the øUnder Secretary¿ Administrator shall review and 

consider the annual reports the Secretary of Transportation 

submits to Congress on transportation security and intelligence. 

(4)(A) In carrying out the program established under this 

subsection, the Administrator shall designate an individual to 

be responsible for engineering, research, and development with 

respect to security technology under the program. 

(B) The individual designated under subparagraph (A) 

shall use appropriate systems engineering and risk management models in making decisions regarding the allocation of funds for engineering, research, and development 

with respect to security technology under the program. 

(C) The individual designated under subparagraph (A) 

shall, on an annual basis, submit to the øResearch, Engineering and Development Advisory Committee¿ Administrator a report on activities under this paragraph during 

the preceding year. Each report shall include, for the year 

covered by such report, information on— 

(i) progress made in engineering, research, and development with respect to security technology; 

(ii) the allocation of funds for engineering, research, 

and development with respect to security technology; 

and 

(iii) engineering, research, and development with respect to any technologies drawn from other agencies, 

including the rationale for engineering, research, and 

development with respect to such technologies. 

(5) The øUnder Secretary¿ Administrator may— 

(A) make grants to institutions of higher learning and 

other appropriate research facilities with demonstrated 

ability to carry out research described in paragraph (1) of 

this subsection, and fix the amounts and terms of the 

grants; and 

(B) make cooperative agreements with governmental authorities the øUnder Secretary¿ Administrator decides are 

appropriate. 

(b) REVIEW OF THREATS.— 

(1) The øUnder Secretary¿ Administrator shall periodically 

review threats to civil aviation, with particular focus on— 


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(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology 

roadmaps) of the civil aviation system, including— 

(i) the destruction, commandeering, or diversion of 

civil aircraft or the use of civil aircraft as a weapon; 

and 

(ii) the disruption of civil aviation service, including 

by cyber attack; 

(B) explosive material that presents the most significant 

threat to civil aircraft; 

(C) the minimum amounts, configurations, and types of 

explosive material that can cause, or would reasonably be 

expected to cause, catastrophic damage to aircraft in air 

transportation; 

(D) the amounts, configurations, and types of explosive 

material that can be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies; 

(E) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within 

an airport; 

(F) the feasibility of using various ways to minimize 

damage caused by explosive material that cannot be detected reliably by existing, or reasonably anticipated, nearterm explosive detection technologies; 

(G) the ability to screen passengers, carry-on baggage, 

checked baggage, and cargo; and 

(H) the technologies that might be used in the future to 

attempt to destroy or otherwise threaten commercial aircraft and the way in which those technologies can be countered effectively. 

(2) The øUnder Secretary¿ Administrator shall use the results of the review under this subsection to develop the focus 

and priorities of the program established under subsection (a) 

of this section. 

(c) SCIENTIFIC ADVISORY PANEL.— (1) The Administrator shall establish a scientific advisory 

panelø, 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; 


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(iii) technologies involved in minimizing airframe 

damage to aircraft from explosives; and 

(iv) other scientific and technical areas the Administrator considers appropriate. 

(B) In appointing individuals to the advisory panel, the 

Administrator should consider individuals from academia 

and the national laboratories, as appropriate. 

(3) The Administrator shall organize the advisory panel into 

teams capable of undertaking the review of policies and technologies upon request. 

(4) øNot later than 90 days after the date of the enactment 

of the Aviation and Transportation Security Act, and every two 

years thereafter,¿ Biennially, the Administrator shall review 

the composition of the advisory panel in order to ensure that 

the expertise of the individuals on the panel is suited to the 

current and anticipated duties of the panel. 

(d) SECURITY AND RESEARCH AND DEVELOPMENT ACTIVITIES.— (1) IN GENERAL.—The Administrator shall conduct research 

(including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property 

against acts of criminal violence, aircraft piracy, and terrorism 

and to ensure security. 

(2) DISCLOSURE.— (A) IN GENERAL.—Notwithstanding section 552 of title 5, 

the Administrator shall prescribe regulations prohibiting 

disclosure of information obtained or developed in ensuring 

security under this title if the Secretary of Homeland Security decides disclosing the information would— 

(i) be an unwarranted invasion of personal privacy; 

(ii) reveal a trade secret or privileged or confidential 

commercial or financial information; or 

(iii) be detrimental to transportation safety. 

(B) INFORMATION TO CONGRESS.—Subparagraph (A) does 

not authorize information to be withheld from a committee 

of Congress authorized to have the information. 

(C) RULE OF CONSTRUCTION.—Nothing in subparagraph 

(A) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— 

(i) to conceal a violation of law, inefficiency, or administrative error; 

(ii) to prevent embarrassment to a person, organization, or agency; 

(iii) to restrain competition; or 

(iv) to prevent or delay the release of information 

that does not require protection in the interest of transportation security, including basic scientific research 

information not clearly related to transportation security. 

(D) PRIVACY ACT.—Section 552a of title 5 shall not apply 

to disclosures that the Administrator of the Transportation 

Security Administration may make from the systems of 

records of the Transportation Security Administration to 

any Federal law enforcement, intelligence, protective servVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00071 Fmt 6659 Sfmt 6603 E:\HR\OC\SR266.XXX SR266

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ice, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. 

(3) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except 

as otherwise provided by law, the Administrator may not transfer a duty or power under this section to another department, 

agency, or instrumentality of the United States Government. 

(e) DEFINITION OF ADMINISTRATOR.—In this section, the term ‘‘Administrator’’ means the Administrator of the Transportation Security Administration. 

§ 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 øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security Administration 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 Administrator 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. 

ø(2) Before completion of the tests described in paragraph (1) 

of this subsection, but not later than April 16, 1992, the 

øUnder Secretary¿ Administrator may require deployment of 

explosive detection equipment described in paragraph (1) if the 

øUnder Secretary¿ Administrator decides that deployment will 

enhance aviation security significantly. In making that decision, the øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator 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.¿ 

ø(3)¿(2) Until such time as the øUnder Secretary¿ Administrator determines that equipment certified under paragraph (1) 

is commercially available and has successfully completed operational testing as provided in paragraph (1), the øUnder Secretary¿ Administrator shall facilitate the deployment of such 

approved commercially available explosive detection devices as 

the øUnder Secretary¿ Administrator determines will enhance 

aviation security significantly. The øUnder Secretary¿ Administrator shall require that equipment deployed under this paragraph be replaced by equipment certified under paragraph (1) 

when equipment certified under paragraph (1) becomes commercially available. The øUnder Secretary¿ Administrator is 


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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 øUnder Secretary¿ Administrator may 

permit the requirements of this paragraph to be met at airports by the deployment of dogs or other appropriate animals 

to supplement equipment for screening passengers, baggage, 

mail, or cargo for explosives or weapons. 

ø(4)¿(3) This subsection does not prohibit the øUnder Secretary¿ Administrator from purchasing or deploying explosive 

detection equipment described in paragraph (1) of this subsection. 

(b) GRANTS.—The øSecretary of Transportation¿ Administrator 

may provide grants to continue the Explosive Detection K-9 Team 

Training Program to detect explosives at airports and on aircraft. 

§ 44914. Airport construction guidelines 

In consultation with the Department of Transportation, air carriers, airport authorities, and others the øUnder Secretary of 

Transportation for Security¿ Administrator of the Transportation 

Security Administration considers appropriate, the øUnder Secretary¿ Administrator shall develop guidelines for airport design 

and construction to allow for maximum security enhancement. In 

developing the guidelines, the øUnder Secretary¿ Administrator 

shall consider the results of the assessment carried out under section 44904(a) of this title. 

§ 44915. Exemptions 

The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security Administration may exempt 

from sections 44901, 44903(a)-(c) and (e), 44906, 44935, and 44936 

of this title airports in Alaska served only by air carriers that— 

(1) hold certificates issued under section 41102 of this title; 

(2) operate aircraft with certificates for a maximum gross 

takeoff weight of less than 12,500 pounds; and 

(3) board passengers, or load property intended to be carried 

in an aircraft cabin, that will be screened under section 44901 

of this title at another airport in Alaska before the passengers 

board, or the property is loaded on, an aircraft for a place outside Alaska. 

§ 44916. Assessments and evaluations 

(a) PERIODIC ASSESSMENTS.—The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security 

Administration 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 øUnder Secretary¿ Administrator of 

the Transportation Security Administration shall conduct periodic 

and unannounced inspections of security systems of airports and 

air carriers to determine the effectiveness and vulnerabilities of 


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such systems. To the extent allowable by law, the øUnder Secretary¿ Administrator may provide for anonymous tests of those security systems. 

§ 44917. Deployment of Federal air marshals 

(a) IN GENERAL.—The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security Administration 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 øby the Secretary¿ to present 

high security risks; 

(3) shall provide for appropriate training, supervision, and 

equipment of Federal air marshals; 

(4) shall require air carriers providing flights described in 

paragraph (1) to provide seating for a Federal air marshal on 

any such flight without regard to the availability of seats on 

the flight and at no cost to the United States Government or 

the marshal; 

(5) may require air carriers to provide, on a space-available 

basis, to an off-duty Federal air marshal a seat on a flight to 

the airport nearest the marshal’s home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties; 

(6) may enter into agreements with Federal, State, and local 

agencies under which appropriately-trained law enforcement 

personnel from such agencies, when traveling on a flight of an 

air carrier, will carry a firearm and be prepared to assist Federal air marshals; 

(7) shall establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft; and 

(8) may appoint— 

(A) an individual who is a retired law enforcement officer; 

(B) an individual who is a retired member of the Armed 

Forces; and 

(C) an individual who has been furloughed from an air 

carrier crew position in the 1-year period beginning on 

September 11, 2001, 

(1) as a Federal air marshal, regardless of age, if the individual otherwise meets the background and fitness qualifications required for Federal air marshals. 

(b)* * * 

(d) TRAINING FOR FOREIGN LAW ENFORCEMENT PERSONNEL.— 

(1) IN GENERAL.—The øAssistant Secretary for Immigration 

and Customs Enforcement of the Department of Homeland Security¿ Administrator of the Transportation Security Administration, 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. 


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(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 foreign countries against all appropriate records in 

the consolidated and integrated terrorist watchlists maintained 

by the Federal Government. 

(3) FEES.—The øAssistant Secretary¿ Administrator of the 

Transportation Security Administration 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 øAssistant 

Secretary¿ Administrator of the Transportation Security Administration 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 members 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 

øUnder Secretary for Border and Transportation Security 

of the Department of Homeland Security¿ Administrator of 

the Transportation Security Administration). 

(F) Psychology of terrorists to cope with hijacker behavior and passenger responses. 

(G) Situational training exercises regarding various 

threat conditions. 

(H) Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin crew responses to such procedures and maneuvers. 

(I) The proper conduct of a cabin search, including explosive device recognition. 

(J) Any other subject matter considered appropriate by 

the øUnder Secretary¿ Administrator of the Transportation 

Security Administration. 

(3) APPROVAL.—An air carrier training program under this 

subsection shall be subject to approval by the øUnder Secretary¿ Administrator of the Transportation Security Administration. 


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(4) MINIMUM STANDARDS.—øNot later than one year after the 

date of enactment of the Vision 100--Century of Aviation Reauthorization Act, the¿ The øUnder Secretary¿ Administrator of 

the Transportation Security Administration may establish minimum standards for the training provided under this subsection 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 øUnder Secretary¿ 

Administrator of the Transportation Security Administration 

before øthe date of enactment of the Vision 100—Century of 

Aviation Reauthorization Act¿ December 12, 2003, may continue in effect until disapproved or ordered modified by the 

øUnder Secretary¿ Administrator of the Transportation Security Administration. (6) MONITORING.—The øUnder Secretary¿ Administrator of 

the Transportation Security Administration, 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 øUnder Secretary¿ Administrator of the Transportation Security Administration shall consider complaints from crew members. The 

øUnder Secretary¿ Administrator of the Transportation Security Administration shall ensure that employees responsible for 

monitoring the training programs have the necessary resources 

and knowledge. 

(7) UPDATES.—The øUnder Secretary¿ Administrator of the 

Transportation Security Administration, 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.—øNot later than one year after the date of 

enactment of the Vision 100--Century of Aviation Reauthorization Act, the¿ The øUnder Secretary¿ Administrator of the 

Transportation Security Administration 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 self-defense. 

(F) Appropriate and effective responses to defend oneself, including the use of force against an attacker. 


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(G) Any other element of training that the øUnder Secretary¿ Administrator of the Transportation Security Administration 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 fee 

for the training program under this subsection. 

(6) CONSULTATION.—In developing the training program 

under this subsection, the øUnder Secretary¿ Administrator of 

the Transportation Security Administration 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 

øFederal Air Marshals Service¿ Federal Air Marshal Service, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement 

training programs. 

(7) DESIGNATION OF TSA OFFICIAL.—The øUnder Secretary¿ 

Administrator of the Transportation Security Administration 

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). 

ø§ 44919. Security screening pilot program 

ø(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. 

ø(b) PERIOD OF PILOT PROGRAM.—The pilot program under this 

section shall begin on the last day of the 1-year period beginning 

on the date of enactment of this section and end on the last day 

of the 3-year period beginning on such date of enactment. 

ø(c) APPLICATIONS.—An operator of an airport may submit to the 

Under Secretary an application to participate in the pilot program 

under this section. 

ø(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. 

ø(e) SUPERVISION OF SCREENED PERSONNEL.—The Under Secretary shall provide Federal Government supervisors to oversee all 


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screening at each airport participating in the pilot program under 

this section and provide Federal Government law enforcement officers at the airport pursuant to this chapter. 

ø(f) QUALIFIED PRIVATE SCREENING COMPANY.—A private screening company is qualified to provide screening services at an airport 

participating in the pilot program under this section if the company 

will only employ individuals to provide such services who meet all 

the requirements of this chapter applicable to Federal Government 

personnel who perform screening services at airports under this 

chapter and will provide compensation and other benefits to such 

individuals that are not less than the level of compensation and 

other benefits provided to such Federal Government personnel in 

accordance with this chapter. 

ø(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. 

ø(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. 

ø(i) ELECTION.—If a contract is in effect with respect to screening 

at an airport under the pilot program on the last day of the 3-year 

period beginning on the date of enactment of this section, the operator of the airport may elect to continue to have such screening 

carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary under section 44920 or by Federal Government personnel in 

accordance with this chapter.¿ 

§ 44919. PreCheck Program 

(a) IN GENERAL.—The Administrator of the Transportation Security Administration shall continue to administer the PreCheck Program in accordance with section 109(a)(3) of the Aviation and 

Transportation Security Act (49 U.S.C. 114 note). 

(b) EXPANSION.—Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall enter 

into an agreement, using other transaction authority under section 

114(m) of this title, with at least 2 private sector entities to increase 

the methods and capabilities available for the public to enroll in the 

PreCheck Program. 

(c) MINIMUM CAPABILITY REQUIREMENTS.—At least 1 agreement 

under subsection (b) shall include the following capabilities: 

(1) Start-to-finish secure online or mobile enrollment capability. 

(2) Vetting of an applicant by means other than biometrics, 

such as a risk assessment, if— 


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(A) such means— 

(i) are evaluated and certified by the Secretary of 

Homeland Security; 

(ii) meet the definition of a qualified anti-terrorism 

technology under section 865 of the Homeland Security 

Act of 2002 (6 U.S.C. 444); or 

(iii) are determined by the Administrator to provide 

a risk assessment that is as effective as a fingerprintbased criminal history records check conducted 

through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified 

to participate in the PreCheck Program due to disqualifying criminal history; and 

(B) with regard to private sector risk assessments, the 

Secretary has certified that reasonable procedures are in 

place with regard to the accuracy, relevancy, and proper 

utilization of information employed in such risk assessments. 

(d) ADDITIONAL CAPABILITY REQUIREMENTS.—At least 1 agreement under subsection (b) shall include the following capabilities: 

(1) Start-to-finish secure online or mobile enrollment capability. 

(2) Vetting of an applicant by means of biometrics if the collection— 

(A) is comparable with the appropriate and applicable 

standards developed by the National Institute of Standards 

and Technology; and 

(B) protects privacy and data security, including that any 

personally identifiable information is collected, retained, 

used, and shared in a manner consistent with section 552a 

of title 5, United States Code (commonly known as ‘‘Privacy 

Act of 1974’’), and with agency regulations. 

(e) TARGET ENROLLMENT.—Subject to subsections (b), (c), and (d), 

the Administrator shall take actions to expand the total number of 

individuals enrolled in the PreCheck Program as follows: 

(1) 7,000,000 passengers before October 1, 2018. 

(2) 10,000,000 passengers before October 1, 2019. 

(3) 15,000,000 passengers before October 1, 2020. 

(f) MARKETING OF PRECHECK PROGRAM.—Not later than 90 days 

after the date of enactment of the TSA Modernization Act, the Administrator shall— 

(1) enter into at least 2 agreements, using other transaction 

authority under section 114(m) of this title, to market the 

PreCheck Program; and 

(2) implement a long-term strategy for partnering with the 

private sector to encourage enrollment in such program. 

(g) IDENTITY VERIFICATION ENHANCEMENT.—The Administrator 

shall— 

(1) coordinate with the heads of appropriate components of 

the Department to leverage Department-held data and technologies to verify the identity and citizenship of individuals enrolling in the PreCheck Program; 

(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed 


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by the National Institute of Standards and Technology, to facilitate enrollment in the program; and 

(3) consider leveraging the existing resources and abilities of 

airports to collect fingerprints for use in background checks to 

expedite identity verification. 

(h) PRECHECK PROGRAM LANES OPERATION.—The Administrator 

shall— 

(1) ensure that PreCheck Program screening lanes are open 

and available during peak and high-volume travel times at appropriate airports to individuals enrolled in the PreCheck Program; and 

(2) make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck 

Program screening lanes are closed to individuals enrolled in 

the program in order to maintain operational efficiency. 

(i) VETTING FOR PRECHECK PROGRAM PARTICIPANTS.—The Administrator shall initiate an assessment to identify any security 

vulnerabilities in the vetting process for the PreCheck Program, including determining whether subjecting PreCheck Program participants to recurrent fingerprint-based criminal history records checks, 

in addition to recurrent checks against the terrorist watchlist, could 

be done in a cost-effective manner to strengthen the security of the 

PreCheck Program. 

(j) ASSURANCE OF SEPARATE PROGRAM.—In carrying out this section, the Administrator shall ensure that the PreCheck program enrollment capabilities, including the additional private sector application capabilities under subsections (b), (c), and (d), are separate 

from any other related TSA program, initiative, or procurement, including the Universal Enrollment Services program. 

(k) EXPENDITURE OF FUNDS.—Any Federal funds expended by the 

Administrator to expand PreCheck Program enrollment shall be expended in a manner that meets the requirements of this section. 

§ 44920. øSecurity screening opt-out program¿ Screening 

partnership program 

ø(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.¿ 

(a) IN GENERAL.—An operator of an airport, airport terminal, or 

airport security checkpoint may submit to the Administrator of the 

Transportation Security Administration an application to carry out 

the screening of passengers and property at the airport under section 44901 by personnel of a qualified private screening company 

pursuant to a contract with the Transportation Security Administration. 

(b) APPROVAL OF APPLICATIONS.— 

ø(1) IN GENERAL.—Not later than 120 days after the date of 

receipt of an application submitted by an airport operator 


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under subsection (a), the Under Secretary shall approve or 

deny the application.¿ 

(1) IN GENERAL.—Not later than 30 days after the date of receipt of an application submitted by an operator of an airport, 

airport terminal, or airport security checkpoint under subsection (a), the Administrator shall approve or deny the application. 

(2) STANDARDS.—The øUnder Secretary¿ Administrator shall 

approve an application submitted by an airport operator under 

subsection (a) if the øUnder Secretary¿ Administrator determines that the approval would not compromise security or detrimentally affect the cost-efficiency or the effectiveness of the 

screening of passengers or property at the airport. 

(3) REPORTS ON DENIALS OF APPLICATIONS.— (A) IN GENERAL.—If the øUnder Secretary¿ Administrator denies an application submitted by an airport operator under subsection (a), the øUnder Secretary¿ Administrator shall provide to the airport operator, not later than 

60 days following the date of the denial, a written report 

that sets forth— 

(i) the findings that served as the basis for the denial; 

(ii) the results of any cost or security analysis conducted in considering the application; and 

(iii) recommendations on how the airport operator 

can address the reasons for the denial. 

(B) SUBMISSION TO CONGRESS.—The øUnder Secretary¿ 

Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the 

Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). 

(c) QUALIFIED PRIVATE SCREENING COMPANY.—A private screening company is qualified to provide screening services at an airport 

under this section if the company will only employ individuals to 

provide such services who meet all the requirements of this chapter 

applicable to Federal Government personnel who perform screening 

services at airports under this chapter and will provide compensation and other benefits to such individuals that are not less than 

the level of compensation and other benefits provided to such Federal Government personnel in accordance with this chapter. 

(d) øSTANDARDS¿ SELECTION OF CONTRACTS AND STANDARDS FOR

PRIVATE SCREENING COMPANIES.— 

(1) IN GENERAL.—øThe 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—¿ The Administrator 

shall, upon approval of the application, provide each operator 

of an airport, airport terminal, or airport security checkpoint 

with a list of qualified private screening companies. 

(2) CONTRACTS.—Not later than 60 days after the selection of 

a qualified private screening company by the operator, the Administrator shall enter into a contract with such company for 

the provision of screening at the airport, airport terminal, or 

airport security checkpoint if— 


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(A) the level of screening services and protection provided at the airport under the contract will be equal to or 

greater than the level that would be provided at the airport by Federal Government personnel under this 

chapterø; and¿; 

(B) the private screening company is owned and controlled by a citizen of the United States, to the extent that 

the øUnder Secretary¿ Administrator determines that 

there are private screening companies owned and controlled by such citizensø.¿; and 

(C) the selected qualified private screening company offered contract price is equal to or less than the comprehensive cost to the Federal Government to provide screening 

services at the airport, airport terminal, or airport security 

checkpoint. 

ø(2)¿(3) WAIVERS.—The øUnder Secretary¿ Administrator 

may waive the requirement of øparagraph (1)(B)¿ paragraph 

(2)(B) for any company that is a United States subsidiary with 

a parent company that has implemented a foreign ownership, 

control, or influence mitigation plan that has been approved by 

the Defense Security Service of the Department of Defense 

prior to the submission of the application. The øUnder Secretary¿ Administrator has complete discretion to reject any application from a private screening company to provide screening services at an airport that requires a waiver under this 

paragraph. 

(e) SUPERVISION OF øSCREENED¿ SCREENING PERSONNEL.—øThe 

Under Secretary shall¿ The Administrator shall— 

(1) provide Federal Government supervisors to oversee all 

screening at each airport at which screening services are provided under this section and provide Federal Government law 

enforcement officers at the airport pursuant to this chapterø.¿; 

and 

(2) undertake covert testing and remedial training support for 

employees of private screening companies providing screening at 

airports. 

(f) TERMINATION OR SUSPENSION OF CONTRACTS.—The øUnder 

Secretary¿ Administrator may øterminate¿ suspend or terminate, 

as appropriate, any contract entered into with a private screening 

company to provide screening services at an airport under this section if the øUnder Secretary¿ Administrator 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) OPERATION 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 øsubsection (a) or 

section 44919¿ subsection (a) or such airport operator’s decision 

not to submit an application; and 


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(2) any act of negligence, gross negligence, or intentional 

wrongdoing by— 

(A) a qualified private screening company or any of its 

employees in any case in which the qualified private 

screening company is acting under a contract entered into 

with the Secretary of Homeland Security or the Secretary’s 

designee; or 

(B) employees of the Federal Government providing passenger and property security screening services at the airport. 

(3) Nothing in this section shall relieve any airport operator 

from liability for its own acts or omissions related to its security responsibilities, nor except as may be provided by the Support Anti-Terrorism by Fostering Effective Technologies Act of 

2002 shall it relieve any qualified private screening company 

or its employees from any liability related to its own acts of 

negligence, gross negligence, or intentional wrongdoing. 

ø(h) RECOMMENDATIONS OF AIRPORT OPERATOR.—As part of any 

submission of an application for a private screening company to 

provide screening services at an airport, the airport operator shall 

provide to the Under Secretary a recommendation as to which company would best serve the security screening and passenger needs 

of the airport, along with a statement explaining the basis of the 

operator’s recommendation.¿ 

(i) DEFINITION OF ADMINISTRATOR.—In this section, the term ‘‘Administrator’’ means the Administrator of the Transportation Security Administration. 

§ 44921. Federal flight deck officer program 

(a) ESTABLISHMENT.—The øUnder Secretary of Transportation for 

Security¿ Administrator 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.—øNot later than 3 months after the date of 

enactment of this section, the Under Secretary¿ The Administrator shall establish procedural requirements to carry out the 

program under this section. 

(2) COMMENCEMENT OF PROGRAM.—øBeginning 3 months 

after the date of enactment of this section, the Under Secretary 

shall begin the process of training and deputizing¿ The Administrator shall train and deputize pilots who are qualified to be 

Federal flight deck officers as FFDO 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. 


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(D) The placement of the firearm of a Federal flight deck 

officer on board the aircraft to ensure both its security and 

its ease of retrieval in an emergency. 

(E) An analysis of the risk of catastrophic failure of an 

aircraft as a result of the discharge (including an accidental discharge) of a firearm to be used in the program 

into the avionics, electrical systems, or other sensitive 

areas of the aircraft. 

(F) The division of responsibility between pilots in the 

event of an act of criminal violence or air piracy if only 1 

pilot is a Federal flight deck officer and if both pilots are 

Federal flight deck officers. 

(G) Procedures for ensuring that the firearm of a Federal 

flight deck officer does not leave the cockpit if there is a 

disturbance in the passenger cabin of the aircraft or if the 

pilot leaves the cockpit for personal reasons. 

(H) Interaction between a Federal flight deck officer and 

a Federal air marshal on board the aircraft. 

(I) The process for selection of pilots to participate in the 

program based on their fitness to participate in the program, including whether an additional background check 

should be required beyond that required by section 

44936(a)(1). 

(J) Storage and transportation of firearms between 

flights, including international flights, to ensure the security of the firearms, focusing particularly on whether such 

security would be enhanced by requiring storage of the 

firearm at the airport when the pilot leaves the airport to 

remain overnight away from the pilot’s base airport. 

(K) Methods for ensuring that security personnel will be 

able to identify whether a pilot is authorized to carry a 

firearm under the program. 

(L) Methods for ensuring that pilots (including Federal 

flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to 

carry a firearm aboard the aircraft. 

(M) Any other issues that the øUnder Secretary¿ Administrator considers necessary. 

(N) The øUnder Secretary’s¿ Administrator’s decisions 

regarding the methods for implementing each of the foregoing procedural requirements shall be subject to review 

only for abuse of discretion. 

(4) PREFERENCE.—In selecting pilots to participate in the 

program, the øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator 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). 


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(7) MINIMIZATION OF RISK.—If the øUnder Secretary¿ Administrator 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 

øUnder Secretary¿ Administrator shall take such actions as 

may be necessary to minimize that risk. 

(c) TRAINING, SUPERVISION, AND EQUIPMENT.— (1) IN GENERAL.—The øUnder Secretary¿ Administrator shall 

only be obligated to provide the training, supervision, and 

equipment necessary for a pilot to be a Federal flight deck officer under this section at no expense to the pilot or the air carrier employing the pilot. 

(2) TRAINING.— (A) IN GENERAL.—The øUnder Secretary¿ Administrator 

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 øUnder Secretary¿ Administrator shall take into account the differing roles and responsibilities of Federal 

flight deck officers and Federal air marshals. 

(B) ELEMENTS.—The training of a Federal flight deck officer shall include, at a minimum, the following elements: 

(i) Training to ensure that the officer achieves the 

level of proficiency with a firearm required under subparagraph (C)(i). 

(ii) Training to ensure that the officer maintains exclusive control over the officer’s firearm at all times, 

including training in defensive maneuvers. 

(iii) Training to assist the officer in determining 

when it is appropriate to use the officer’s firearm and 

when it is appropriate to use less than lethal force. 

(C) TRAINING IN USE OF FIREARMS.— 

(i) STANDARD.—In order to be deputized as a Federal 

flight deck officer, a pilot must achieve a level of proficiency with a firearm that is required by the øUnder 

Secretary¿ Administrator. Such level shall be comparable to the level of proficiency required of Federal 

air marshals. 

(ii) CONDUCT OF TRAINING.—øThe training of¿ 

(I) IN GENERAL.—The training of a Federal 

flight deck officer in the use of a firearm may be 

conducted by the øUnder Secretary¿ Administrator or by a firearms training facility øapproved 

by the Under Secretary¿. 

(II) ACCESS TO TRAINING FACILITIES.—Not later 

than 180 days after the date of enactment of the 

TSA Modernization Act, the Administrator shall 

designate additional firearms training facilities located in various regions of the United States for 

Federal flight deck officers for recurrent and requalifying training relative to the number of such 

facilities available on the day before such date of 

enactment. 

(iii) REQUALIFICATION.—øThe Under Secretary 

shall¿ 


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(I) IN GENERAL.—The Administrator 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 øthe 

Under Secretary¿ the Administrator. (II) USE OF FACILITIES FOR REQUALIFICATION.— The Administrator shall allow a Federal flight 

deck officer to requalify to carry a firearm under 

the program through training at a Transportation 

Security Administration-approved firearms training facility utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration. 

(iv) PERIODIC REVIEW.—The Administrator shall periodically review requalification training intervals and 

assess whether it is appropriate and sufficient to adjust 

the time between each requalification training to facilitate continued participation in the program under this 

section while still maintaining effectiveness of the 

training, and update the training requirements as appropriate. 

(D) TRAINING REVIEW.—The Administrator shall periodically review training requirements for initial and recurrent 

training for Federal flight deck officers and evaluate how 

training requirements, including the length of training, 

could be streamlined while maintaining the effectiveness of 

the training, and update the training requirements as appropriate. 

(d) DEPUTIZATION.— (1) IN GENERAL.—The øUnder Secretary¿ Administrator may 

deputize, as a Federal flight deck officer under this section, a 

pilot who submits to the øUnder Secretary¿ Administrator a 

request to be such an officer and whom the øUnder Secretary¿ 

Administrator determines is qualified to be such an officer. 

(2) QUALIFICATION.—øA pilot is¿ 

(A) IN GENERAL.—A pilot is qualified to be a Federal 

flight deck officer under this section if— 

ø(A)¿(i) the pilot is employed by an air carrier; 

ø(B)¿(ii) the øUnder Secretary¿ Administrator determines (in the øUnder Secretary’s¿ Administrator’s discretion) that the pilot meets the standards established by the 

øUnder Secretary¿ Administrator for being such an officer; 

and 

ø(C)¿(iii) the øUnder Secretary¿ Administrator determines that the pilot has completed the training required 

by the øUnder Secretary¿ Administrator. (B) CONSISTENCY WITH REQUIREMENTS FOR CERTAIN

MEDICAL CERTIFICATES.—In establishing standards under 

subparagraph (A)(ii), the Administrator may not establish 

medical or physical standards for a pilot to become a Federal flight deck officer that are inconsistent with or more 

stringent than the requirements of the Federal Aviation Administration for the issuance of the required airman medical certificate under part 67 of title 14, Code of Federal 


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Regulations (or any corresponding similar regulation or 

ruling). 

(3) DEPUTIZATION BY OTHER FEDERAL AGENCIES.—The 

øUnder Secretary¿ Administrator may request another Federal 

agency to deputize, as Federal flight deck officers under this 

section, those pilots that the øUnder Secretary¿ Administrator 

determines are qualified to be such officers. 

(4) REVOCATION.—The øUnder Secretary¿ Administrator 

ømay,¿ may (in the øUnder Secretary’s¿ Administrator’s discretion) revoke the deputization of a pilot as a Federal flight 

deck officer if the øUnder Secretary¿ Administrator finds that 

the pilot is no longer qualified to be such an officer. 

(5) TRANSFER FROM INACTIVE TO ACTIVE STATUS.—In accordance with any applicable Transportation Security Administration appeals processes, a pilot deputized as a Federal flight 

deck officer who moves to inactive status may return to active 

status upon successful completion of a recurrent training program administered within program guidelines. 

(e) COMPENSATION.—øPilots participating¿ 

(1) IN GENERAL.—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. 

(2) FACILITATION OF TRAINING.—An air carrier shall permit a 

pilot seeking to be deputized as a Federal flight deck officer or 

a Federal flight deck officer to take a reasonable amount of 

leave to participate in initial, recurrent, or requalification training, as applicable, for the program. Leave required under this 

paragraph may be provided without compensation. 

(f) AUTHORITY TO CARRY FIREARMS.— (1) IN GENERAL.—The øUnder Secretary¿ Administrator 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 øUnder Secretary¿ 

Administrator 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. 

(4) CONSISTENCY WITH FEDERAL AIR MARSHAL PROGRAM.—The 

Administrator shall harmonize, to the extent practicable, the 

policies relating to the carriage of firearms on flights in foreign 

air transportation by Federal flight deck officers with the policies of the Federal air marshal program for carrying firearms 


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on such flights and carrying out the duties of a Federal flight 

deck officer, notwithstanding Annex 17 of the International 

Civil Aviation Organization. 

(g) AUTHORITY TO USE FORCE.—Notwithstanding section 

44903(d), the øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator— (1) shall revoke the deputization of the Federal flight deck 

officer responsible for that firearm if the øUnder Secretary¿ 

Administrator determines that the discharge was attributable 

to the negligence of the officer; and 

(2) if the øUnder Secretary¿ Administrator determines that 

a shortcoming in standards, training, or procedures was responsible for the accidental discharge, øthe Under Secretary 

may¿ may temporarily suspend the program until the shortcoming is corrected. 

(j) LIMITATION ON AUTHORITY OF AIR CARRIERS.—No air carrier 

shall prohibit or threaten any retaliatory action against a pilot employed by the air carrier from becoming a Federal flight deck officer 

under this section. No air carrier shall— 

(1) prohibit a Federal flight deck officer from piloting an aircraft operated by the air carrier; or 

(2) terminate the employment of a Federal flight deck officer, 

solely on the basis of his or her volunteering for or participating in the program under this section. 

(k) APPLICABILITY.— ø(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. 


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ø(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. 

ø(3) ALL-CARGO AIR TRANSPORTATION.—In this section, the 

term ‘‘air transportation’’ includes all-cargo air transportation.¿ 

(l) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Transportation Security Administration. 

(2) AIR TRANSPORTATION.—The term ‘‘air transportation’’ includes all-cargo air transportation. 

(3) FIREARMS TRAINING FACILITY.—The term ‘‘firearms training facility’’ means a private or government-owned gun range 

approved by the Administrator to provide recurrent or requalification training, as applicable, for the program, utilizing a 

Transportation Security Administration-approved contractor 

and a curriculum developed and approved by the Transportation Security Administration. 

(4) PILOT.—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. 

§ 44922. øDeputation¿ Deputization of State and local law enforcement officers 

(a) øDEPUTATION¿ DEPUTIZATION AUTHORITY.—The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security Administration 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 øUnder Secretary¿ Administrator 

shall enter into a voluntary agreement with the appropriate State 

or local law enforcement agency that employs the State or local law 

enforcement officer. 

(d) REIMBURSEMENT.— 

(1) IN GENERAL.—The øUnder Secretary¿ Administrator shall 

reimburse a State or local law enforcement agency for all reasonable, allowable, and allocable costs incurred by the State or 

local law enforcement 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 carrying out Federal airport security duties within the course and 

scope of the officer’s employment, subject to Federal supervision 


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and control, and in accordance with the terms of such ødeputation¿ 

deputization. (f) STATIONING OF OFFICERS.—The øUnder Secretary¿ Administrator 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 øUnder Secretary for Border and Transportation Security 

of the Department of Homeland Security¿ Administrator of the 

Transportation Security Administration shall 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 section 

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 shall 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. 


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(5) LIMITATIONS.—A letter of intent issued under this subsection 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.— ø(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. 

ø(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. 

ø(j) AUTHORIZATION OF APPROPRIATIONS.— ø(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, and $450,000,000 for each of fiscal years 

2008 through 2011. Such sums shall remain available until expended. 

ø(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 øUnder Secretary for 

Border and Transportation Security of the Department of Homeland Security¿ Administrator of the Transportation Security Administration, 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 øAdministrator under¿ Administrator of the Federal Aviation Administration 

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 6 months after the date on which the 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration issues regulations under subsection (f). 

(b) ADDRESSING SECURITY CONCERNS.—The øUnder Secretary¿ 

Administrator of the Transportation Security Administration 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 


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of the security issues and vulnerabilities so identified and shall notify the øAdministrator¿ Administrator of the Federal Aviation Administration 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 øUnder Secretary¿ Administrator of the Transportation Security Administration determines that the foreign repair station does not maintain and 

carry out effective security measures, the øUnder Secretary¿ 

Administrator of the Transportation Security Administration 

shall notify the øAdministrator¿ Administrator of the Federal 

Aviation Administration of the determination. Upon receipt of 

the determination, the øAdministrator¿ Administrator of the 

Federal Aviation Administration shall suspend the certification 

of the repair station until such time as the øUnder Secretary¿ 

Administrator of the Transportation Security Administration 

determines that the repair station maintains and carries out 

effective security measures and transmits the determination to 

the øAdministrator¿ Administrator of the Federal Aviation Administration. (2) IMMEDIATE SECURITY RISK.—If the øUnder Secretary¿ Administrator of the Transportation Security Administration determines that a foreign repair station poses an immediate security risk, the øUnder Secretary¿ Administrator of the Transportation Security Administration shall notify the øAdministrator¿ Administrator of the Federal Aviation Administration of 

the determination. Upon receipt of the determination, the øAdministrator¿ Administrator of the Federal Aviation Administration shall revoke the certification of the repair station. 

(3) PROCEDURES FOR APPEALS.—The øUnder Secretary¿ Administrator of the Transportation Security Administration, in 

consultation with the øAdministrator¿ Administrator of the 

Federal Aviation Administration, 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 6 months after the date on which the øUnder Secretary¿ 

Administrator of the Transportation Security Administration issues 

regulations under subsection (f), the øAdministrator¿ Administrator of the Federal Aviation Administration shall be barred from 

certifying any foreign repair station (other than a station that was 

previously certified, or is in the process of certification, by the Administration under this part) until such audits are completed for 

existing stations. 

(e) PRIORITY FOR AUDITS.—In conducting the audits described in 

subsection (a), the øUnder Secretary¿ Administrator of the Transportation Security Administration and the øAdministrator¿ Administrator of the Federal Aviation Administration shall give priority 

to foreign repair stations located in countries identified by the Government as posing the most significant security risks. 

(f) REGULATIONS.—øNot later than 240 days after the date of enactment of this section, the¿ The øUnder Secretary¿ Administrator 

of the Transportation Security Administration, in consultation with 

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istration, shall issue final regulations to ensure the security of foreign and domestic aircraft repair stations. 

(g) REPORT TO CONGRESS.—If the øUnder Secretary¿ Administrator of the Transportation Security Administration does not issue 

final regulations before the deadline specified in subsection (f), the 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration 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. 

§ 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.—øNot later than 90 days after the date of 

enactment of this section, the Assistant Secretary of Homeland 

Security (Transportation Security Administration)¿ The Administrator of the 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 walkthrough 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 non-Federal funding; 

(E) a description of the measures taken and anticipated 

to be taken in carrying out subsection (d); and 

(F) a description of any recommended legislative actions. 

ø(3) IMPLEMENTATION.—The Secretary shall begin implementation of the strategic plan within one year after the date of 

enactment of this paragraph.¿ 

(c) PORTAL DETECTION SYSTEMS.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the 


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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 øAssistant 

Secretary¿ Administrator of the Transportation Security Administration shall provide, by such means as the øAssistant Secretary¿ 

Administrator of the Transportation Security Administration 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. 

§ 44926. Appeal and redress process for passengers wrongly 

delayed or prohibited from boarding a flight 

(a) IN GENERAL.—The Secretary of Homeland Security shall establish a timely and fair process for individuals who believe they 

have been delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat under the 

regimes utilized by the Transportation Security Administration, 

United States Customs and Border Protection, or any other office 

or component of the Department of Homeland Security. 

(b) OFFICE OF APPEALS AND REDRESS.— 

(1) ESTABLISHMENT.—The Secretary shall establish in the 

Department an Office of Appeals and Redress to implement, 

coordinate, and execute the process established by the Secretary pursuant to subsection (a). The Office shall include representatives from the Transportation Security Administration, 

United States Customs and Border Protection, and such other 

offices and components of the Department as the Secretary determines appropriate. 

(2) RECORDS.—The process established by the Secretary pursuant to subsection (a) shall include the establishment of a 

method by which the Office, under the direction of the Secretary, will be able to maintain a record of air carrier passengers and other individuals who have been misidentified and 

have corrected erroneous information. 

(3) INFORMATION.—To prevent repeated delays of øan 

misidentified passenger¿ a misidentified passenger or other individual, the Office shall— 

(A) ensure that the records maintained under this subsection contain information determined by the Secretary to 

authenticate the identity of such a passenger or individual; 

(B) furnish to the Transportation Security Administration, United States Customs and Border Protection, or any 

other appropriate office or component of the Department, 

upon request, such information as may be necessary to 

allow such office or component to assist air carriers in improving their administration of the advanced passenger 

prescreening system and reduce the number of false 

positives; and 


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(C) require air carriers and foreign air carriers take action to identify passengers determined, under the process 

established under subsection (a), to have been wrongly 

identified. 

(4) HANDLING OF PERSONALLY IDENTIFIABLE INFORMATION.— The Secretary, in conjunction with the Chief Privacy Officer of 

the Department shall— 

(A) require that Federal employees of the Department 

handling personally identifiable information of passengers 

(in this paragraph referred to as ’PII’) complete mandatory 

privacy and security training prior to being authorized to 

handle PII; 

(B) ensure that the records maintained under this subsection are secured by encryption, one-way hashing, other 

data anonymization techniques, or such other equivalent 

security technical protections as the Secretary determines 

necessary; 

(C) limit the information collected from misidentified 

passengers or other individuals to the minimum amount 

necessary to resolve a redress request; 

(D) require that the data generated under this subsection shall be shared or transferred via a secure data 

network, that has been audited to ensure that the antihacking and other security related software functions 

properly and is updated as necessary; 

(E) ensure that any employee of the Department receiving the data contained within the records handles the information in accordance with the section 552a of title 5, 

United States Code, and the Federal Information Security 

Management Act of 2002 (Public Law 107-296); 

(F) only retain the data for as long as needed to assist 

the individual traveler in the redress process; and 

(G) conduct and publish a privacy impact assessment of 

the process described within this subsection and transmit 

the assessment to the Committee on Homeland Security of 

the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and 

Committee on Homeland Security and Governmental Affairs of the Senate. 

(5) INITIATION OF REDRESS PROCESS AT AIRPORTS.—The Office 

shall establish at each airport at which the Department has a 

significant presence a process to provide information to air carrier passengers to begin the redress process established pursuant to subsection (a). 

§ 44927. Expedited screening for severely injured or disabled 

members of the Armed Forces and severely injured 

or disabled veterans 

(a) PASSENGER SCREENING.—The øAssistant Secretary¿ Administrator of the Transportation Security Administration, in consultation with the Secretary of Defense, the Secretary of øVeterans Affairs¿ Veterans Affairs, and organizations identified by the Secretaries of Defense and Veteran Affairs that advocate on behalf of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, shall develop and implement a 


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process to support and facilitate the ease of travel and to the extent 

possible provide expedited passenger screening services for severely 

injured or disabled members of the Armed Forces and severely injured or disabled veterans through passenger screening. The process shall be designed to offer the individual private screening to the 

maximum extent practicable. 

(b) OPERATIONS CENTER.—As part of the process under subsection (a), the øAssistant Secretary¿ Administrator of the Transportation Security Administration shall maintain an operations 

center to provide support and facilitate the movement of severely 

injured or disabled members of the Armed Forces and severely injured or disabled veterans through passenger screening prior to 

boarding a passenger aircraft operated by an air carrier or foreign 

air carrier in air transportation or intrastate air transportation. 

(c) PROTOCOLS.—The øAssistant Secretary¿ Administrator of the 

Transportation Security Administration shall— 

(1) establish and publish protocols, in consultation with the 

Secretary of Defense, the Secretary of Veterans Affairs, and 

the organizations identified under subsection (a), under which 

a severely injured or disabled member of the Armed Forces or 

severely injured or disabled veteran, or the family member or 

other representative of such member or veteran, may contact 

the operations center maintained under subsection (b) and request the expedited passenger screening services described in 

subsection (a) for that member or veteran; and 

(2) upon receipt of a request under paragraph (1), require the 

operations center to notify the appropriate Federal Security Director of the request for expedited passenger screening services, as described in subsection (a), for that member or veteran. 

(d) TRAINING.—The øAssistant Secretary¿ Administrator of the 

Transportation Security Administration shall integrate training on 

the protocols established under subsection (c) into the training provided to all employees who will regularly provide the passenger 

screening services described in subsection (a). 

(e) RULE OF CONSTRUCTION.—Nothing in this section shall affect 

the authority of the øAssistant Secretary¿ Administrator of the 

Transportation Security Administration to require additional 

screening of a severely injured or disabled member of the Armed 

Forces, a severely injured or disabled veteran, or their accompanying family members or nonmedical attendants, if intelligence, 

law enforcement, or other information indicates that additional 

screening is necessary. 

(f) øREPORT¿ REPORTS.—øNot later than 1 year after the date of 

enactment of this section, and annually thereafter,¿ Each year, the 

øAssistant Secretary¿ Administrator of the Transportation Security 

Administration shall submit to Congress a report on the implementation of this section. Each report shall include each of the following: 

(1) Information on the training provided under subsection 

(d). 

(2) Information on the consultations between the øAssistant 

Secretary¿ Administrator of the Transportation Security Administration and the organizations identified under subsection 

(a). 


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(3) The number of people who accessed the operations center 

during the period covered by the report. 

(4) Such other information as the øAssistant Secretary¿ Administrator of the Transportation Security Administration determines is appropriate. 

§ 44929. Donation of screening equipment to protect the 

United States 

(a) IN GENERAL.—Subject to subsection (b), the Administrator is 

authorized to donate security screening equipment to a foreign last 

point of departure airport operator if such equipment can be reasonably expected to mitigate a specific vulnerability to the security of 

the United States or United States citizens. 

(b) CONDITIONS.—Before donating any security screening equipment to a foreign last point of departure airport operator the Administrator shall— 

(1) ensure that the screening equipment has been restored to 

commercially available settings; 

(2) ensure that no TSA-specific security standards or algorithms exist on the screening equipment; and 

(3) verify that the appropriate officials have an adequate system— 

(A) to properly maintain and operate the screening equipment; and 

(B) to document and track any removal or disposal of the 

screening equipment to ensure the screening equipment 

does not come into the possession of terrorists or otherwise 

pose a risk to security. 

(c) REPORTS.—Not later than 30 days before any donation of security screening equipment under subsection (a), the Administrator 

shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a detailed written explanation 

of the following: 

(1) The specific vulnerability to the United States or United 

States citizens that will be mitigated by such donation. 

(2) An explanation as to why the recipient of such donation 

is unable or unwilling to purchase security screening equipment 

to mitigate such vulnerability. 

(3) An evacuation plan for sensitive technologies in case of 

emergency or instability in the country to which such donation 

is being made. 

(4) How the Administrator will ensure the security screening 

equipment that is being donated is used and maintained over 

the course of its life by the recipient. 

(5) The total dollar value of such donation. 

(6) How the appropriate officials will document and track 

any removal or disposal of the screening equipment by the recipient to ensure the screening equipment does not come into the 

possession of terrorists or otherwise pose a risk to security. 


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TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART III. SAFETY

CHAPTER 449. SECURITY

SUBCHAPTER II. ADMINISTRATION AND PERSONNEL

§ 44931. Authority to exempt 

The Secretary of Homeland Security may grant an exemption 

from a regulation prescribed in carrying out sections 44901, 44903, 

44906, 44909(c), and 44935–44937 of this title when the Secretary 

decides the exemption is in the public interest. 

§ 44932. Administrative 

(a) GENERAL AUTHORITY.—The Secretary of Homeland Security 

may take action the Secretary considers necessary to carry out this 

chapter and chapters 461, 463, and 465 of this title, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders. 

(b) INDEMNIFICATION.—The Secretary of Homeland Security may 

indemnify an officer or employee of the Transportation Security Administration against a claim or judgment arising out of an act that 

the Secretary decides was committed within the scope of the official 

duties of the officer or employee. 

§ 44933. Federal Security Managers 

(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The 

øUnder Secretary of Transportation for Security¿ Administrator of 

the Transportation Security Administration shall establish the position of øFederal Security Manager¿ Federal Security Director at 

each airport in the United States described in section 44903(c). The 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration shall designate individuals as øManagers¿ Federal 

Security Directors for, and station those øManagers¿ Federal Security Directors at, those airports. 

(b) DUTIES AND POWERS.—The øManager¿ Federal Security Director at each airport shall— 

(1) oversee the screening of passengers and property at the 

airport; and 

(2) carry out other duties prescribed by the øUnder Secretary¿ Administrator of the Transportation Security Administration. 

§ 44934. Foreign Security Liaison Officers 

(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The 

øUnder Secretary of Transportation for Security¿ Administrator of 

the Transportation Security Administration shall establish the position of Foreign Security Liaison Officer for each airport outside the 

United States at which the øUnder Secretary¿ Administrator decides an Officer is necessary for air transportation security. In coordination with the Secretary of State, the øUnder Secretary¿ Administrator shall designate an Officer for each of those øairports. 


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In coordination with the Secretary¿ airports. In coordination with 

the Secretary of State, the øUnder Secretary¿ Administrator shall 

designate an Officer for each of those airports where extraordinary 

security measures are in place. øThe Secretary shall give high priority¿ The Secretary of State shall give high priority to stationing 

those Officers. 

(b) DUTIES AND POWERS.—An Officer reports directly to the 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration. The Officer at each airport shall— 

(1) serve as the liaison of the øUnder Secretary¿ Administrator to foreign security authorities (including governments of 

foreign countries and foreign airport authorities) in carrying 

out United States Government security requirements at that 

airport; and 

(2) to the extent practicable, carry out duties and powers referred to in section 44933(b) of this title. 

(c) 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 øthe Secretary and the chief¿ the Secretary of State and the 

chief of mission to a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 

4802) and section 207 of the Foreign Service Act of 1980 (22 U.S.C. 

3927). 

§ 44935. Employment standards and training 

(a) EMPLOYMENT STANDARDS.—The øUnder Secretary of Transportation for Security¿ Administrator shall prescribe standards for 

the employment and continued employment of, and contracting for, 

air carrier personnel and, as appropriate, airport security personnel. The standards shall include— 

(1) minimum training requirements for new employees; 

(2) retraining requirements; 

(3) minimum staffing levels; 

(4) minimum language skills; and 

(5) minimum education levels for employees, when appropriate. 

(b) REVIEW AND RECOMMENDATIONS.—In coordination with air 

carriers, airport operators, and other interested persons, the 

øUnder Secretary¿ Administrator shall review issues related to 

human performance in the aviation security system to maximize 

that performance. When the review is completed, the øUnder Secretary¿ Administrator shall recommend guidelines and prescribe 

appropriate changes in existing procedures to improve that performance. 

(c) SECURITY PROGRAM TRAINING, STANDARDS, AND QUALIFICATIONS.— 

(1) The øUnder Secretary¿ Administrator— 

(A) may train individuals employed to carry out a security program under section 44903(c) of this title; and 

(B) shall prescribe uniform training standards and uniform minimum qualifications for individuals eligible for 

that training. 


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(2) The øUnder Secretary¿ Administrator may authorize reimbursement for travel, transportation, and subsistence expenses for security training of non-United States Government 

domestic and foreign individuals whose services will contribute 

significantly to carrying out civil aviation security programs. 

To the extent practicable, air travel reimbursed under this 

paragraph shall be on air carriers. 

(d) EDUCATION AND TRAINING STANDARDS FOR SECURITY COORDINATORS, SUPERVISORY PERSONNEL, AND PILOTS.— 

(1) The øUnder Secretary¿ Administrator 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 øUnder Secretary of Transportation for Security¿ Administrator shall establish a program 

for the hiring and training of security screening personnel. 

(2) HIRING.— 

(A) QUALIFICATIONS.—øWithin 30 days after the date of 

enactment of the Aviation and Transportation Security 

Act, the¿ The øUnder Secretary¿ Administrator shall establish qualification standards for individuals to be hired 

by the United States as security screening personnel. Notwithstanding any other 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 øsection 

1101(a)(22)¿ section 101(a)(22) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(22)); 

(iii) to meet, at a minimum, the requirements set 

forth in subsection (f); 

(iv) to meet such other qualifications as the øUnder 

Secretary¿ Administrator may establish; and 

(v) to have the ability to demonstrate daily a fitness 

for duty without any impairment due to illegal drugs, 

sleep deprivation, medication, or alcohol. 

(B) BACKGROUND CHECKS.—The øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator, in consultation with the heads of other appropriate 

Federal agencies, shall establish procedures, in addition to 

any back ground check conducted under section 44936, to 


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99 

ensure that no individual who presents a threat to national security is employed as a security screener. 

(3) EXAMINATION; REVIEW OF EXISTING RULES.—The øUnder 

Secretary¿ Administrator shall develop a security screening 

personnel examination for use in determining the qualification 

of individuals seeking employment as security screening personnel. The øUnder Secretary¿ Administrator 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 other 

provision of law, an individual may not be deployed as a security screener unless that individual meets the following requirements: 

(A) The individual shall possess a high school diploma, 

a general equivalency diploma, or experience that the 

øUnder Secretary¿ Administrator has determined to be 

sufficient for the individual to perform the duties of the position. 

(B) The individual shall possess basic aptitudes and 

physical abilities, including color perception, visual and 

aural acuity, physical coordination, and motor skills, to the 

following standards: 

(i) Screeners operating screening equipment shall be 

able to distinguish on the screening equipment monitor the appropriate imaging standard specified by the 

øUnder Secretary¿ Administrator. (ii) Screeners operating any screening equipment 

shall be able to distinguish each color displayed on 

every type of screening equipment and explain what 

each color signifies. 

(iii) Screeners shall be able to hear and respond to 

the spoken voice and to audible alarms generated by 

screening equipment in an active checkpoint environment. 

(iv) Screeners performing physical searches or other 

related operations shall be able to efficiently and thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing. 

(v) Screeners who perform pat-downs or hand-held 

metal detector searches of individuals shall have sufficient dexterity and capability to thoroughly conduct 

those procedures over an individual’s entire body. 

(C) The individual shall be able to read, speak, and write 

English well enough to— 

(i) carry out written and oral instructions regarding 

the proper performance of screening duties; 

(ii) read English language identification media, credentials, airline tickets, and labels on items normally 

encountered in the screening process; 

(iii) provide direction to and understand and answer 

questions from English-speaking individuals undergoing screening; and 


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(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 øUnder Secretary¿ Administrator 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 øUnder Secretary¿ 

Administrator 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 øUnder 

Secretary¿ Administrator shall provide for the operational testing of such personnel. 

(g) TRAINING.— 

(1) USE OF OTHER AGENCIES.—The øUnder Secretary¿ Administrator 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.—øWithin 60 days after the date of enactment of the Aviation and Transportation Security Act, the¿ 

The øUnder Secretary¿ Administrator shall develop a plan for 

the training of security screening personnel. The plan shall require, at a minimum, that a security screener— 


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(A) has completed 40 hours of classroom instruction or 

successfully completed a program that the øUnder Secretary¿ Administrator determines will train individuals to 

a level of proficiency equivalent to the level that would be 

achieved by such classroom instruction; 

(B) has completed 60 hours of on-the-job instructions; 

and 

(C) has successfully completed an on-the-job training examination prescribed by the øUnder Secretary¿ Administrator. (3) EQUIPMENT-SPECIFIC TRAINING.—An individual employed 

as a security screener may not use any security screening device or equipment in the scope of that individual’s employment 

unless the individual has been trained on that device or equipment and has successfully completed a test on the use of the 

device or equipment. 

(h) TECHNOLOGICAL TRAINING.— (1) IN GENERAL.—The øUnder Secretary¿ Administrator shall 

require training to ensure that screeners are proficient in 

using the most up-to-date new technology and to ensure their 

proficiency in recognizing new threats and weapons. 

(2) PERIODIC ASSESSMENTS.—The øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator. ø(i)¿(k) øACCESSIBILITY OF COMPUTER-BASED TRAINING FACILITIES¿ ACCESSIBILILITY OF COMPUTER-BASED TRAINING FACILITIES.— 

The øUnder Secretary¿ Administrator shall work with air carriers 

and airports to ensure that computer-based training facilities intended for use by security screeners at an airport regularly serving 

an air carrier holding a certificate issued by the Secretary of Transportation are conveniently located for that airport and easily accessible. 

(l) DEFINITION OF ADMINISTRATOR.—In this section, the term ‘‘Administrator’’ means the Administrator of the Transportation Security Administration. 

§ 44936. Employment investigations and restrictions 

(a) EMPLOYMENT INVESTIGATION REQUIREMENT.— 

(1)(A) The øUnder Secretary of Transportation for Security¿ 

Administrator shall require by regulation that an employment 


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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 øUnder Secretary of Transportation for Transportation Security¿ Administratorø,,¿, shall be 

conducted of each individual employed in, or applying for, a position as a security screener under section 44935(e) or a position in which the individual has unescorted access, or may permit other individuals to have unescorted access, to— 

(i) aircraft of an air carrier or foreign air carrier; or 

(ii) a secured area of an airport in the United States 

the øUnder Secretary¿ Administrator designates that 

serves an air carrier or foreign air carrier. 

(B) The øUnder Secretary¿ Administrator shall require 

by regulation that an employment investigation (including 

a criminal history record check and a review of available 

law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the øUnder Secretary of Transportation for Transportation Security¿ Administrator) be conducted for— 

(i) individuals who are responsible for screening passengers or property under section 44901 of this title; 

(ii) supervisors of the individuals described in clause 

(i); 

(iii) individuals who regularly have escorted access 

to aircraft of an air carrier or foreign air carrier or a 

secured area of an airport in the United States the Administrator designates that serves an air carrier or 

foreign air carrier; and 

(iv) such other individuals who exercise security 

functions associated with baggage or cargo, as the 

øUnder Secretary¿ Administrator determines is necessary to ensure air transportation security. 

ø(C) BACKGROUND CHECKS OF CURRENT EMPLOYEES.— ø(i) A new background check (including a criminal 

history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security shall be required for 

any individual who is employed in a position described 

in subparagraphs (A) and (B) on the date of enactment 

of the Aviation and Transportation Security Act. 

ø(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.¿ 

ø(D)¿(C) EXEMPTION.—An employment investigation, including a criminal history record check, shall not be required under this subsection for an individual who is exempted under section 107.31(m)(1) or (2) of title 14, Code 

of Federal Regulations, as in effect on November 22, 2000. 

The øUnder Secretary¿ Administrator shall work with the 


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International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals exempted under this subparagraph do not pose a 

threat to aviation or national security. 

(2) An air carrier, foreign air carrier, airport operator, or 

government that employs, or authorizes or makes a contract 

for the services of, an individual in a position described in 

paragraph (1) of this subsection shall ensure that the investigation the øUnder Secretary¿ Administrator requires is conducted. 

(3) The øUnder Secretary¿ Administrator shall provide for 

the periodic audit of the effectiveness of criminal history record 

checks conducted under paragraph (1) of this subsection. 

(b) PROHIBITED EMPLOYMENT.— (1) Except as provided in paragraph (3) of this subsection, an 

air carrier, foreign air carrier, airport operator, or government 

may not employ, or authorize or make a contract for the services of, an individual in a position described in subsection (a)(1) 

of this section if— 

(A) the investigation of the individual required under 

this section has not been conducted; or 

(B) the results of that investigation establish that, in the 

10-year period ending on the date of the investigation, the 

individual was convicted (or found not guilty by reason of 

insanity) of— 

(i) a crime referred to in section 46306, 46308, 

46312, 46314, or 46315 or chapter 465 of this title or 

section 32 of title 18; 

(ii) murder; 

(iii) assault with intent to murder; 

(iv) espionage; 

(v) sedition; 

(vi) treason; 

(vii) rape; 

(viii) kidnapping; 

(ix) unlawful possession, sale, distribution, or manufacture of an explosive or weapon; 

(x) extortion; 

(xi) armed or felony unarmed robbery; 

(xii) distribution of, or intent to distribute, a controlled substance; 

(xiii) a felony involving a threat; 

(xiv) a felony involving— 

(I) willful destruction of property; 

(II) importation or manufacture of a controlled 

substance; 

(III) burglary; 

(IV) theft; 

(V) dishonesty, fraud, or misrepresentation; 

(VI) possession or distribution of stolen property; 

(VII) aggravated assault; 

(VIII) bribery; and 

(IX) illegal possession of a controlled substance 

punishable by a maximum term of imprisonment 


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of more than 1 year, or any other crime classified 

as a felony that the øUnder Secretary¿ Administrator determines indicates a propensity for placing contraband aboard an aircraft in return for 

money; or 

(xv) conspiracy to commit any of the acts referred to 

in clauses (i) through (xiv). 

(2) The øUnder Secretary¿ Administrator may specify other 

factors that are sufficient to prohibit the employment of an individual in a position described in subsection (a)(1) of this section. 

(3) An air carrier, foreign air carrier, airport operator, or 

government may employ, or authorize or contract for the services of, an individual in a position described in subsection (a)(1) 

of this section without carrying out the investigation required 

under this section, if the øUnder Secretary¿ Administrator approves a plan to employ the individual that provides alternate 

security arrangements. 

(c) FINGERPRINTING AND RECORD CHECK INFORMATION.— (1) If the øUnder Secretary¿ Administrator requires an identification and criminal history record check, to be conducted by 

the Attorney General, as part of an investigation under this 

section, the øUnder Secretary¿ Administrator shall designate 

an individual to obtain fingerprints and submit those fingerprints to the Attorney General. The Attorney General may 

make the results of a check available to an individual the 

øUnder Secretary¿ Administrator designates. Before designating an individual to obtain and submit fingerprints or receive results of a check, the øUnder Secretary¿ Administrator 

shall consult with the Attorney General. All Federal agencies 

shall cooperate with the øUnder Secretary¿ Administrator and 

the øUnder Secretary’s¿ Administrator’s designee in the process of collecting and submitting fingerprints. 

(2) The øUnder Secretary¿ Administrator shall prescribe regulations on— 

(A) procedures for taking fingerprints; and 

(B) requirements for using information received from the 

Attorney General under paragraph (1) of this subsection— 

(i) to limit the dissemination of the information; and 

(ii) to ensure that the information is used only to 

carry out this section. 

(3) If an identification and criminal history record check is 

conducted as part of an investigation of an individual under 

this section, the individual— 

(A) shall receive a copy of any record received from the 

Attorney General; and 

(B) may complete and correct the information contained 

in the check before a final employment decision is made 

based on the check. 

(d) FEES AND CHARGES.—The øUnder Secretary¿ Administrator 

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 exVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00106 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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penses were incurred and are available to the øUnder Secretary¿ 

Administrator 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. 

(f) DEFINITION OF ADMINISTRATOR.—In this section, the term ‘‘Administrator’’ means the Administrator of the Transportation Security Administration. 

§ 44937. Prohibition on transferring duties and powers 

Except as specifically provided by law, the øUnder Secretary of 

Transportation for Security¿ Administrator of the Transportation 

Security Administration may not transfer a duty or power under 

section 44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or 

44938(b)(3) of this title to another department, agency, or instrumentality of the United States Government. 

§ 44938. Reports 

(a) TRANSPORTATION SECURITY.—Not later than March 31 of each 

year, the øSecretary of Transportation¿ Secretary of Homeland Security shall submit to Congress a report on transportation security 

with recommendations the Secretary considers appropriate. The report shall be prepared in conjunction with the biennial report the 

øUnder Secretary of Transportation for Security¿ Administrator of 

the Transportation Security Administration submits under subsection (b) of this section in each year the øUnder Secretary¿ Administrator submits the biennial report, but may not duplicate the 

information submitted under subsection (b) or section 44907(a)(3) 

of this title. The Secretary may submit the report in classified and 

unclassified parts. The report shall include— 

(1) an assessment of trends and developments in terrorist activities, methods, and other threats to transportation; 

(2) an evaluation of deployment of explosive detection devices; 

(3) recommendations for research, engineering, and development activities related to transportation security, except research engineering and development activities related to aviation security to the extent those activities are covered by the 

national aviation research plan required under section 44501(c) 

of this title; 

(4) identification and evaluation of cooperative efforts with 

other departments, agencies, and instrumentalities of the 

United States Government; 

(5) an evaluation of cooperation with foreign transportation 

and security authorities; 

(6) the status of the extent to which the recommendations of 

the President’s Commission on Aviation Security and Terrorism have been carried out and the reasons for any delay in 

carrying out those recommendations; 

(7) a summary of the activities of the Director of Intelligence 

and Security in the 12-month period ending on the date of the 

report; 

(8) financial and staffing requirements of the Director; 


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(9) an assessment of financial and staffing requirements, and 

attainment of existing staffing goals, for carrying out duties 

and powers of the øUnder Secretary¿ Administrator related to 

security; and 

(10) appropriate legislative and regulatory recommendations. 

(b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECU- RITY.—The øUnder Secretary¿ Administrator 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 øUnder Secretary¿ Administrator decides that Foreign Security Liaison Officers are necessary 

for air transportation security; and 

(B) for which extraordinary security measures are in 

place. 

§ 44939. Training to operate certain aircraft 

(a)* * * 

(d) EXPEDITED PROCESSING.—øNot later than 60 days after the 

date of enactment of this section, the Secretary¿ The Secretary of 

Homeland Security 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 multiengine aircraft that has a certificated takeoff weight of more 

than 12,500 pounds; 

(2) is employed by a foreign air carrier that is certified under 

part 129 of title 14, Code of Federal Regulations, and that has 

a security program approved under section 1546 of title 49, 

Code of Federal Regulations; 

(3) is an individual that has unescorted access to a secured 

area of an airport designated under section 44936(a)(1)(A)(ii); 

or 

(4) is an individual that is part of a class of individuals that 

the Secretary has determined that providing aviation training 

to presents minimal risk to aviation or national security because of the aviation training already possessed by such class 

of individuals. 

(e)* * * 

§ 44940. Security service fee 

(a) GENERAL AUTHORITY.— 

(1) PASSENGER FEES.—The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security Administration shall impose a uniform fee, on passengers 

of air carriers and foreign air carriers in air transportation and 


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intrastate air transportation originating at airports in the 

United States, to pay for the following costs of providing civil 

aviation security services: 

(A) Salary, benefits, overtime, retirement and other costs 

of screening personnel, their supervisors and managers, 

and Federal law enforcement personnel deployed at airport 

security screening locations under section 44901. 

(B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance 

of equipment used by such personnel. 

(C) The costs of performing background investigations of 

personnel described in subparagraphs (A), (D), (F), and 

(G). 

(D) The costs of the Federal air marshals program. 

(E) The costs of performing civil aviation security research and development under this title. 

(F) The costs of Federal Security Managers under section 44903. 

(G) The costs of deploying Federal law enforcement personnel pursuant to section 44903(h). 

(H) The costs of security-related capital improvements at 

airports. 

(I) The costs of training pilots and flight attendants 

under sections 44918 and 44921. 

øThe 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) DETERMINATION OF COSTS.— (A) IN GENERAL.—The amount of the costs under paragraph (1) shall be determined by the Administrator of the 

Transportation Security Administration and shall not be 

subject to judicial review. 

(B) DEFINITION OF FEDERAL LAW ENFORCEMENT PER- SONNEL.—For purposes of paragraph (1)(A), the term ‘‘Federal law enforcement personnel’’ includes State and local 

law enforcement officers who are deputized under section 

44922. 

(b) SCHEDULE OF FEES.—In imposing fees under subsection (a), 

the øUnder Secretary¿ Administrator of the Transportation Security Administration shall ensure that the fees are reasonably related to the Transportation Security Administration’s costs of providing services rendered. 

(c) LIMITATION ON FEE.— 

(1) AMOUNT.—Fees imposed under subsection (a)(1) shall be 

$5.60 per one-way trip in air transportation or intrastate air 

transportation that originates at an airport in the United 

States, except that the fee imposed per round trip shall not exceed $11.20. 

(2) DEFINITION OF ROUND TRIP.—In this subsection, the term 

‘‘round trip’’ means a trip on an air travel itinerary that terminates or has a stopover at the origin point (or co-terminal). 

(3) OFFSETTING COLLECTIONS.—Beginning on October 1, 

2025, fees collected under subsection (a)(1) for any fiscal year 


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shall be credited as offsetting collections to appropriations 

made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended. 

(d) IMPOSITION OF FEE.— (1) IN GENERAL.—Notwithstanding section 9701 of title 31 

and the procedural requirements of section 553 of title 5, the 

øUnder Secretary¿ Administrator of the Transportation Security Administration shall impose the fee under subsection 

(a)(1), through the publication of notice of such fee in the Federal Register and begin collection of the fee øwithin 60 days of 

the date of enactment of this Act, or¿ as soon as possible 

øthereafter¿. (2) SPECIAL RULES PASSENGER FEES.—A fee imposed under 

subsection (a)(1) through the procedures under øsubsection (d)¿ 

paragraph (1) of this subsection 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 øsubsection (d)¿ paragraph (1) of this subsection 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 øUnder Secretary¿ Administrator of the Transportation Security Administration 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, other than subsection (i), 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) øFEES PAYABLE TO UNDER SECRETARY¿ FEES PAYABLE TO

ADMINISTRATOR.—All fees imposed and amounts collected 

under this section are payable to the øUnder Secretary¿ Administrator of the Transportation Security Administration. (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 øUnder Secretary¿ Administrator of 

the Transportation Security Administration may require the 

provision of such information as the øUnder Secretary¿ Administrator of the Transportation Security Administration 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 


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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 øUnder Secretary¿ Administrator of the 

Transportation Security Administration may refund any fee paid by 

mistake or any amount paid in excess of that required. 

(h) EXEMPTIONS.—The øUnder Secretary¿ Administrator of the 

Transportation Security Administration 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. 

(i) DEPOSIT OF RECEIPTS IN GENERAL FUND.— 

(1) IN GENERAL.—Beginning in fiscal year 2014, out of fees 

received in a fiscal year under subsection (a)(1), after amounts 

are made available in the fiscal year under section 44923(h), 

the next funds derived from such fees in the fiscal year, in the 

amount specified for the fiscal year in paragraph (4), shall be 

credited as offsetting receipts and deposited in the general 

fund of the Treasury. 

(2) FEE LEVELS.—The Secretary of Homeland Security shall 

impose the fee authorized by subsection (a)(1) so as to collect 

in a fiscal year at least the amount specified in paragraph (4) 

for the fiscal year for making deposits under paragraph (1). 

(3) RELATIONSHIP TO OTHER PROVISIONS.—Subsections (b) 

and (f) shall not apply to amounts to be used for making deposits under this subsection. 

(4) FISCAL YEAR AMOUNTS.—For purposes of paragraphs (1) 

and (2), the fiscal year amounts are as follows: 

ø(A) $390,000,000 for fiscal year 2014. 

ø(B) $1,190,000,000 for fiscal year 2015. 

ø(C) $1,250,000,000 for fiscal year 2016. 

ø(D) $1,280,000,000 for fiscal year 2017.¿ 

ø(E)¿(A) $1,320,000,000 for fiscal year 2018. 

ø(F)¿(B) $1,360,000,000 for fiscal year 2019. 

ø(G)¿(C) $1,400,000,000 for fiscal year 2020. 

ø(H)¿(D) $1,440,000,000 for fiscal year 2021. 

ø(I)¿(E) $1,480,000,000 for fiscal year 2022. 

ø(J)¿(F) $1,520,000,000 for fiscal year 2023. 

ø(K)¿(G) $1,560,000,000 for fiscal year 2024. 

ø(L)¿(H) $1,600,000,000 for fiscal year 2025. 


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§ 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 Homeland 

Security, 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.—øWithin 180 days after the date of enactment of the Aviation and Transportation Security Act, the 

Under Secretary for Transportation Security may, in consultation with¿ The Administrator of the Transportation Security 

Administration may, in consultation with other relevant Federal agencies and Congress— 

(A) establish acceptable levels of performance for aviation security, including screening operations and access 

controlø, and¿; 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.— ø(1) PERFORMANCE PLAN AND REPORT.—¿ 

ø(A)¿(1) PERFORMANCE PLAN.— ø(i)¿(A) Each year, consistent with the requirements of 

the Government Performance and Results Act of 1993 

(GPRA), øthe Secretary and the Under Secretary for 

Transportation Security shall agree¿ the Secretary of 

Homeland Security and the Administrator of the Transportation Security Administration shall agree on a performance plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The plan 

shall identify action steps necessary to achieve such goals. 

ø(ii)¿(B) In addition to meeting the requirements of 

GPRA, the performance plan should clarify the responsibilities of øthe Secretary, the Under Secretary for Transportation Security¿ the Secretary of Homeland Security, the 

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tion, and any other agency or organization that may have 

a role in ensuring the safety and security of the civil air 

transportation system. 

ø(B)¿(2) PERFORMANCE REPORT.—Each year, consistent with 

the requirements of GPRA, the øUnder Secretary for Transportation Security¿ Administrator of the Transportation Security 

Administration 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 MEAS- URING STAFF PERFORMANCE.—The øUnder Secretary for Transportation Security¿ Administrator of the Transportation Security Administration 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 øSecretary and Under Secretary of Transportation for Security¿ Secretary of Homeland 

Security and Administrator of the Transportation Security Administration shall enter into an annual performance agreement 

that shall set forth organizational and individual performance 

goals for the øUnder Secretary¿ Administrator. (2) GOALS.—Each year, the øUnder Secretary¿ Administrator 

of the Transportation Security Administration and each senior 

manager who reports to the øUnder Secretary shall¿ Administrator 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 

øUnder Secretary shall¿ Administrator 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 øAviation Security Act, 

the Under Secretary for Transportation Security¿ Aviation and 

Transportation Security Act (Public Law 107–71; 115 Stat. 597), the 

Administrator of the Transportation Security Administration 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 øUnder Secretary of Transportation for 

Transportation Security¿ Administrator of the Transportation 

Security Administration shall carry out a program to permit 

qualified law enforcement officers, firefighters, and emergency 

medical technicians to provide emergency services on commercial air flights during emergencies. 


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(2) REQUIREMENTS.—The øUnder Secretary¿ Administrator 

of the Transportation Security Administration shall establish 

such requirements for qualifications of providers of voluntary 

services under the program under paragraph (1), including 

training requirements, as the øUnder Secretary¿ Administrator of the Transportation Security Administration considers 

appropriate. 

(3) CONFIDENTIALITY OF REGISTRY.—If as part of the program 

under paragraph (1) the øUnder Secretary¿ Administrator of 

the Transportation Security Administration 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 

øUnder Secretary¿ Administrator of the Transportation Security Administration shall take appropriate actions to ensure 

that the registry is available only to appropriate airline personnel and otherwise remains confidential. 

(4) CONSULTATION.—The øUnder Secretary¿ Administrator of 

the Transportation Security Administration shall consult with 

the Administrator of the Federal Aviation Administration, 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 øUnder Secretary¿ Administrator of the 

Transportation Security Administration 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 and clothing 

(a) 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. 

(b) DISPOSITION OF UNCLAIMED CLOTHING.— 

(1) IN GENERAL.—In disposing of unclaimed clothing recovered at any airport security checkpoint, the øAssistant Secretary¿ Administrator of the Transportation Security Administration shall make every reasonable effort, in consultation with 

the Secretary of Veterans Affairs, to transfer the clothing to 

the local airport authority or other local authorities for donation to charity, including local veterans organizations or other 

local charitable organizations for distribution to homeless or 

needy veterans and veteran families. 


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(2) AGREEMENTS.—In implementing paragraph (1), the øAssistant Secretary¿ Administrator of the Transportation Security 

Administration may enter into agreements with airport authorities. 

(3) OTHER CHARITABLE ARRANGEMENTS.—Nothing in this subsection shall prevent an airport or the Transportation Security 

Administration from donating unclaimed clothing to a charitable organization of their choosing. 

(4) LIMITATION.—Nothing in this subsection shall create a 

cost to the Government. 

§ 44946. Aviation Security Advisory Committee 

(a) ESTABLISHMENT.—The øAssistant Secretary¿ Administrator 

shall establish within the Transportation Security Administration 

an aviation security advisory committee. 

(b) DUTIES.— (1) IN GENERAL.—The øAssistant Secretary¿ Administrator 

shall consult the Advisory Committee, as appropriate, on aviation security matters, including on the development, refinement, and implementation of policies, programs, rulemaking, 

and security directives pertaining to aviation security, while 

adhering to sensitive security guidelines. 

(2) RECOMMENDATIONS.— (A) IN GENERAL.—The Advisory Committee shall develop, at the request of the øAssistant Secretary¿ Administrator, recommendations for improvements to aviation security. 

(B) RECOMMENDATIONS OF SUBCOMMITTEES.—Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory 

Committee before transmission to the øAssistant Secretary¿ Administrator. (3) PERIODIC REPORTS.—The Advisory Committee shall periodically submit to the øAssistant Secretary¿ Administrator— 

(A) reports on matters identified by the øAssistant Secretary¿ Administrator; and 

(B) reports on other matters identified by a majority of 

the members of the Advisory Committee. 

(4) ANNUAL REPORT.—The Advisory Committee shall submit 

to the øAssistant Secretary¿ Administrator an annual report 

providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. Not later than 6 months 

after the date that øthe Secretary receives¿ the Administrator 

receives the annual report, øthe Secretary shall¿ the Administrator shall publish a public version describing the Advisory 

Committee’s activities and such related matters as would be 

informative to the public consistent with the policy of section 

552(b) of title 5. 

(5) FEEDBACK.—Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under 

paragraph (2) or (4), the øAssistant Secretary¿ Administrator 

shall respond in writing to the Advisory Committee with feedback on each of the recommendations, an action plan to implement any of the recommendations with which the øAssistant 


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Secretary¿ Administrator concurs, and a justification for why 

any of the recommendations have been rejected. 

(6) CONGRESSIONAL NOTIFICATION.—Not later than 30 days 

after providing written feedback to the Advisory Committee 

under paragraph (5), the øAssistant Secretary¿ Administrator 

shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives on such feedback, and provide a briefing upon request. 

(7) REPORT TO CONGRESS.—Prior to briefing the Committee 

on Commerce, Science, and Transportation of the Senate and 

the Committee on Homeland Security of the House of Representatives under paragraph (6), the øAssistant Secretary¿ 

Administrator shall submit to such committees a report containing information relating to the recommendations transmitted by the Advisory Committee in accordance with paragraph (4). 

(c) MEMBERSHIP.— 

(1) APPOINTMENT.— 

(A) IN GENERAL.—øNot later than 180 days after the 

date of enactment of the Aviation Security Stakeholder 

Participation Act of 2014, the¿ The øAssistant Secretary¿ 

Administrator shall appoint the members of the Advisory 

Committee. 

(B) COMPOSITION.—The membership of the Advisory 

Committee shall consist of individuals representing not 

more than 34 member organizations. Each organization 

shall be represented by 1 individual (or the individual’s 

designee). 

(C) REPRESENTATION.—The membership of the Advisory 

Committee shall include representatives of air carriers, allcargo air transportation, indirect air carriers, labor organizations representing air carrier employees, labor organizations representing transportation security officers, aircraft 

manufacturers, airport operators, airport construction and 

maintenance contractors, labor organizations representing 

employees of airport construction and maintenance contractors, general aviation, privacy organizations, the travel 

industry, airport-based businesses (including minorityowned small businesses), businesses that conduct security 

screening operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security 

technology industry (including screening technology and 

biometrics), victims of terrorist acts against aviation, and 

law enforcement and security experts. 

(2) TERM OF OFFICE.— 

(A) TERMS.—The term of each member of the Advisory 

Committee shall be two years, but a member may continue 

to serve until a successor is appointed. A member of the 

Advisory Committee may be reappointed. 

(B) REMOVAL.—The øAssistant Secretary¿ Administrator 

may review the participation of a member of the Advisory 

Committee and remove such member for cause at any 

time. 


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(3) PROHIBITION ON COMPENSATION.—The members of the 

Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee. 

(4) MEETINGS.— (A) IN GENERAL.—The øAssistant Secretary¿ Administrator shall require the Advisory Committee to meet at 

least semiannually and may convene additional meetings 

as necessary. 

(B) PUBLIC MEETINGS.—At least 1 of the meetings described in subparagraph (A) shall be open to the public. 

(C) ATTENDANCE.—The Advisory Committee shall maintain a record of the persons present at each meeting. 

(5) MEMBER ACCESS TO SENSITIVE SECURITY INFORMATION.— Not later than 60 days after the date of a member’s appointment, the øAssistant Secretary¿ Administrator shall determine 

if there is cause for the member to be restricted from possessing sensitive security information. Without such cause, and 

upon the member voluntarily signing a non-disclosure agreement, the member may be granted access to sensitive security 

information that is relevant to the member’s advisory duties. 

The member shall protect the sensitive security information in 

accordance with part 1520 of title 49, Code of Federal Regulations. 

(6) CHAIRPERSON.—A stakeholder representative on the Advisory Committee who is elected by the appointed membership 

of the Advisory Committee shall chair the Advisory Committee. 

(d) SUBCOMMITTEES.— (1) MEMBERSHIP.—The Advisory Committee chairperson, in 

coordination with the øAssistant Secretary¿ Administrator, may establish within the Advisory Committee any subcommittee that the øAssistant Secretary¿ Administrator and 

Advisory Committee determine to be necessary. The øAssistant 

Secretary¿ Administrator and the Advisory Committee shall 

create subcommittees to address aviation security issues, including the following: 

(A) AIR CARGO SECURITY.—The implementation of the air 

cargo security programs established by the Transportation 

Security Administration to screen air cargo on passenger 

aircraft and all-cargo aircraft in accordance with established cargo screening mandates. 

(B) GENERAL AVIATION.—General aviation facilities, general aviation aircraft, and helicopter operations at general 

aviation and commercial service airports. 

(C) PERIMETER AND ACCESS CONTROL.—Recommendations on airport perimeter security, exit lane security and 

technology at commercial service airports, and access control issues. 

(D) SECURITY TECHNOLOGY.—Security technology standards and requirements, including their harmonization 

internationally, technology to screen passengers, passenger 

baggage, carry-on baggage, and cargo, and biometric technology. 

(2) RISK-BASED SECURITY.—All subcommittees established by 

the Advisory Committee chairperson in coordination with the 


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øAssistant Secretary¿ Administrator shall consider risk-based 

security approaches in the performance of their functions that 

weigh the optimum balance of costs and benefits in transportation security, including for passenger screening, baggage 

screening, air cargo security policies, and general aviation security matters. 

(3) MEETINGS AND REPORTING.—Each subcommittee shall 

meet at least quarterly and submit to the Advisory Committee 

for inclusion in the annual report required under subsection 

(b)(4) information, including recommendations, regarding 

issues within the subcommittee. 

(4) SUBCOMMITTEE CHAIRS.—Each subcommittee shall be cochaired by a Government official and an industry official. 

(e) SUBJECT MATTER EXPERTS.—Each subcommittee under this 

section shall include subject matter experts with relevant expertise 

who are appointed by the respective subcommittee chairpersons. 

(f) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee and its subcommittees. 

(g) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Transportation Security Administration. 

ø(1)¿(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ means the aviation security advisory committee established under subsection (a). 

ø(2) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’ 

means the Assistant Secretary of Homeland Security (Transportation Security Administration).¿ 

(3) PERIMETER SECURITY.— 

(A) IN GENERAL.—The term ‘‘perimeter security’’ means 

procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and 

terminal. 

(B) INCLUSIONS.—The term ‘‘perimeter security’’ includes 

the fence area surrounding an airport, access gates, and 

access controls. 

TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART III. SAFETY

CHAPTER 451. ALCOHOL AND CONTROLLED SUBSTANCES TESTING

§ 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 

øUnder Secretary of Transportation for Security¿ Administrator of 

the Transportation Security Administration. Notwithstanding section 45102(a), the regulations prescribed under section 45102(a) 


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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 security-sensitive functions. The øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security Administration, 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. 

TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART IV. ENFORCEMENT AND PENALTIES

CHAPTER 461. INVESTIGATIONS AND PROCEEDINGS

§ 46101. Complaints and investigations 

(a) GENERAL.— (1) A person may file a complaint in writing with the Secretary of Transportation (or the øUnder Secretary of Transportation for Security with respect to security duties and powers 

designated to be carried out by the Under Secretary¿ Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out 

by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out øby the Administrator)¿ by the Administrator of the Federal Aviation Administration) about a 

person violating this part or a requirement prescribed under 

this part. Except as provided in subsection (b) of this section, 

the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration shall investigate the complaint if a reasonable ground appears to the Secretary, øUnder Secretary,¿ Administrator of the Transportation 

Security Administration, øor Administrator¿ or Administrator 

of the Federal Aviation Administration for the investigation. 

(2) On the initiative of the Secretary of Transportation or the 

Administrator, as appropriate, the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal 

Aviation Administration may conduct an investigation, if a reasonable ground appears to the Secretary øor Administrator¿ or 


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Administrator of the Federal Aviation Administration for the 

investigation, about— 

(A) a person violating this part or a requirement prescribed under this part or 

(B) any question that may arise under this part. 

(3) The Secretary of Transportation, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor 

Administrator¿ or Administrator of the Federal Aviation Administration may dismiss a complaint without a hearing when 

the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration 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, øUnder Secretary,¿ Administrator of the Transportation 

Security Administration, øor Administrator¿ or Administrator 

of the Federal Aviation Administration shall issue an order to 

compel compliance with this part if the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal 

Aviation Administration 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, øUnder Secretary,¿ Administrator of the 

Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration 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 receiving the 

complaint, the Secretary of that department shall inform the Secretary of Transportation, øUnder Secretary,¿ Administrator of the 

Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration 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 øUnder Secretary of Transportation for Security with respect to security duties 

and powers designated to be carried out by the Under Secretary¿ 

Administrator of the Transportation Security Administration with 

respect to security duties and powers designated to be carried out 

by the Administrator of the Transportation Security Administration 

or the Administrator of the Federal Aviation Administration with 

respect to aviation safety duties and powers designated to be carried out øby the Administrator)¿ by the Administrator of the Federal Aviation Administration) 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 øUnder Secretary,¿ Administrator of the Transportation Security Administration, and øthe Administrator¿ the Administrator of the Federal Aviation Administration in person or by 


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an attorney. The Secretary may appear and participate as an interested party in a proceeding øthe Administrator¿ the Administrator 

of the Federal Aviation Administration conducts under section 

40113(a) of this title. 

(c) RECORDING AND PUBLIC ACCESS.—Official action taken by the 

Secretary, øUnder Secretary,¿ Administrator of the Transportation 

Security Administration, øand Administrator¿ and Administrator 

of the Federal Aviation Administration under this part shall be recorded. Proceedings before the Secretary, øUnder Secretary¿ Administrator of the Transportation Security Administration, øand 

Administrator¿ and Administrator of the Federal Aviation Administration shall be open to the public on the request of an interested 

party unless the Secretary, øUnder Secretary,¿ Administrator of 

the Transportation Security Administration, øor Administrator¿ or 

Administrator of the Federal Aviation Administration decides that 

secrecy is required because of national defense. 

(d) CONFLICTS OF INTEREST.—The Secretary, the øUnder Secretary,¿ Administrator of the Transportation Security Administration, øthe Administrator, or an officer or employee of the Administration¿ The Administrator of the Federal Aviation Administration, 

or an officer or employee of the Federal Aviation 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 øUnder Secretary of Transportation for Security with respect to security duties and powers designated to be carried 

out by the Under Secretary¿ Administrator of the Transportation Security Administration with respect to security duties 

and powers designated to be carried out by the Administrator 

of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to 

aviation safety duties and powers designated to be carried out 

øby the Administrator)¿ by the Administrator of the Federal 

Aviation Administration) may be made. 

(2) THE DESIGNATION.— 

(A) shall be in writing and filed with the Secretary, 

øUnder Secretary,¿ Administrator of the Transportation 

Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration; and 

(B) may be changed in the same way as originally made. 

(b) SERVICE.— 

(1) Service may be made— 

(A) by personal service; 

(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 


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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, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration. 

§ 46104. Evidence 

(a) GENERAL.—In conducting a hearing or investigation under 

this part, the Secretary of Transportation (or the øUnder Secretary 

of Transportation for Security with respect to security duties and 

powers designated to be carried out by the Under Secretary¿ Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by 

the Administrator of the Transportation Security Administration or 

the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried 

out øby the Administrator)¿ by the Administrator of the Federal 

Aviation Administration) may— 

(1) øsubpena¿ subpoena 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, øUnder Secretary,¿ Administrator of the Transportation 

Security Administration, øor Administrator¿ or Administrator 

of the Federal Aviation Administration designates. 

(b) COMPLIANCE WITH øSUBPENAS¿ SUBPOENAS.—If a person disobeys a øsubpena¿ subpoena, the Secretary, the øUnder Secretary,¿ Administrator of the Transportation Security Administration, øthe Administrator, or¿ the Administrator of the Federal Aviation Administration, or a party to a proceeding before the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the 

Federal Aviation Administration may petition a court of the United 

States to enforce the øsubpena¿ subpoena. A judicial proceeding to 

enforce a øsubpena¿ subpoena 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 øsubpena¿ subpoena as a contempt of 

court. 

(c) DEPOSITIONS.— 

(1) In a proceeding or investigation, the Secretary, øUnder 

Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration 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 øsubpena¿ subpoena may be enforced under 

subsection (b) of this section. 

(2) A deposition may be taken before an individual designated by the Secretary, øUnder Secretary,¿ Administrator of 

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trator¿ or Administrator of the Federal Aviation Administration 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, 

øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the 

Federal Aviation Administration. (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, øUnder Secretary,¿ Administrator of the 

Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration or agreed on by the parties by written stipulation 

filed with the Secretary, øUnder Secretary,¿ Administrator 

of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration; or 

(B) under letters rogatory issued by a court of competent 

jurisdiction at the request of the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the 

Federal Aviation Administration. (d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUNTRY

EXPENSES.—A witness summoned before the Secretary, øUnder 

Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration 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, øUnder Secretary,¿ Administrator of 

the Transportation Security Administration, øor Administrator¿ or 

Administrator of the Federal Aviation Administration, the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the 

Federal Aviation Administration shall pay the necessary expenses 

incident to executing, in another country, a commission or letter 

rogatory issued at the initiative of the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation 

Administration. 

(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When designated by the Secretary, øUnder Secretary,¿ Administrator of the 

Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration, an employee 

appointed under section 3105 of title 5 may conduct a hearing, 


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øsubpena¿ subpoena witnesses, administer oaths, examine witnesses, and receive evidence at a place in the United States the 

Secretary, øUnder Secretary,¿ Administrator of the Transportation 

Security Administration, øor Administrator¿ or Administrator of 

the Federal Aviation Administration designates. On request of a 

party, the Secretary, øUnder Secretary,¿ Administrator of the 

Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration 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 øUnder Secretary of Transportation for Security 

with respect to security duties and powers designated to be carried 

out by the Under Secretary¿ Administrator of the Transportation 

Security Administration with respect to security duties and powers 

designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal 

Aviation Administration with respect to aviation safety duties and 

powers designated to be carried out øby the Administrator)¿ by the 

Administrator of the Federal Aviation Administration) takes effect 

within a reasonable time prescribed by the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation 

Administration. The regulation or order remains in effect under its 

own terms or until superseded. Except as provided in this part , 

the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration may amend, modify, 

or suspend an order in the way, and by giving the notice, the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the 

Federal Aviation Administration decides. 

(b) CONTENTS AND SERVICE OF ORDERS.—An order of the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the 

Federal Aviation Administration 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.—øWhen the Administrator¿ When the Administrator of the Federal Aviation Administration 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 øUnder Secretary of 

Transportation for Security with respect to security duties and 

powers designated to be carried out by the Under Secretary¿ AdVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00124 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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ministrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by 

the Administrator of the Transportation Security Administration or 

the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried 

out øby the Administrator)¿ by the Administrator of the Federal 

Aviation Administration) 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 

øUnder Secretary of Transportation for Security with respect 

to security duties and powers designated to be carried out by 

the Under Secretary¿ Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the 

Transportation Security Administration or the Administrator of 

the Federal Aviation Administration with respect to aviation 

safety duties and powers designated to be carried out øby the 

Administrator)¿ by the Administrator of the Federal Aviation 

Administration), 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 requirement or regulation prescribed, or an order or any term of 

a certificate 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, øUNDER SECRETARY,¿ ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, øOR

ADMINISTRATOR¿ OR ADMINISTRATOR OF THE FEDERAL AVIATION

ADMINISTRATION.—On request of the Attorney General, the Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the 

Federal Aviation Administration, as appropriate, may participate 

in a civil action under this part. 

§ 46108. Enforcement of certificate requirements by interested 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) 


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124 

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 the 

Administrator of the Transportation Security Administration with 

respect to security duties and powers designated to be carried out 

by the Administrator of the Transportation Security Administration 

or the Administrator of the Federal Aviation Administration with 

respect to aviation safety duties and powers designated to be carried 

out by the Administrator) 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 

øUnder Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under 

Secretary¿ Administrator of the Transportation Security Administration with respect to security duties and powers designated to be 

carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be 

carried out øby the Administrator)¿ by the Administrator of the 

Federal Aviation Administration) 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, øUnder Secretary,¿ 

Administrator of the Transportation Security Administration, øor 

Administrator¿ or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration 

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, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the 

Federal Aviation Administration, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order 

and may order the Secretary, øUnder Secretary,¿ Administrator of 

the Transportation Security Administration, øor Administrator¿ or 


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125 

Administrator of the Federal Aviation Administration to conduct 

further proceedings. After reasonable notice to the Secretary, 

øUnder Secretary,¿ Administrator of the Transportation Security 

Administration, øor Administrator¿ or Administrator of the Federal 

Aviation Administration, 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, 

øUnder Secretary,¿ Administrator of the Transportation Security 

Administration, øor Administrator¿ or Administrator of the Federal 

Aviation Administration, 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, øUnder Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration only if the objection 

was made in the proceeding conducted by the Secretary, øUnder 

Secretary,¿ Administrator of the Transportation Security Administration, øor Administrator¿ or Administrator of the Federal Aviation Administration 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 the Federal Aviation Administration shall issue an order amending, modifying, suspending, or 

revoking any part of a certificate issued under this title if the øAdministrator is¿ Administrator of the Federal Aviation Administration is notified by the øUnder Secretary for Border and Transportation Security of the Department of Homeland Security¿ Administrator of the Transportation Security Administration 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 øUnder Secretary¿ Administrator of the Transportation Security Administration, the order shall be effective immediately. 

(b) HEARINGS FOR CITIZENS.—An individual who is a citizen of 

the United States who is adversely affected by an order of the øAdministrator¿ Administrator of the Federal Aviation Administration 

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 øAdministrator¿ 

Administrator of the Federal Aviation Administration or the 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration. 

(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 


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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 øUnder Secretary¿ Administrator of the Transportation Security Administration when the 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration 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 

øUnder Secretary¿ Administrator of the Transportation Security 

Administration and the øAdministrator¿ Administrator of the Federal Aviation Administration 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 øUnder Secretary¿ Administrator of 

the Transportation Security Administration, in consultation 

with the øAdministrator¿ Administrator of the Federal Aviation Administration and the Director of Central Intelligence, 

shall issue regulations to establish procedures by which the 

øUnder Secretary¿ Administrator of the Transportation Security Administration, as part of a hearing conducted under this 

section, may provide an unclassified summary of classified evidence upon which the order of the øAdministrator¿ Administrator of the Federal Aviation Administration 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 øAdministrator¿ Administrator 

of the Federal Aviation Administration issued under subsection (a) is based on classified information (as defined in 

section 1(a) of the Classified Information Procedures Act 

ø(18 U.S.C. App.)¿ (18 U.S.C. App.)), such information may 

be submitted by the øUnder Secretary¿ Administrator of 

the Transportation Security Administration 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 øUnder Secretary¿ Administrator of the Transportation Security Administration shall, 

in coordination, as necessary, with the heads of other affected departments or agencies, ensure that administrative 

law judges reviewing orders of the øAdministrator¿ Administrator of the Federal Aviation Administration under 

this section possess security clearances appropriate for 

their work under this section. 


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(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 

øAdministrator¿ Administrator of the Federal Aviation Administration under subsection (a), the øUnder Secretary¿ Administrator of the Transportation Security Administration 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 øAdministrator¿ Administrator of the 

Federal Aviation Administration is based. 

TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART IV. ENFORCEMENT AND PENALTIES

CHAPTER 463. PENALTIES

§ 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 423, chapter 

441 (except section 44109), 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), chapter 451, 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 

provision 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. 


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(4) AVIATION SECURITY VIOLATIONS.—Notwithstanding paragraph (1) of this subsection, the maximum civil penalty for violating chapter 449 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 BUSI- NESS 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), 

chapter 449 (except sections 44902, 44903(d), 44904, 

and 44907-44909), øor chapter 451¿ chapter 451, or 

section 46314(a) 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 transportation; 

(iii) a violation of section 44718(d), relating to the 

limitation on construction or establishment of landfills; 

(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 instead of $1,000. 

(D) Notwithstanding paragraph (1), the maximum civil 

penalty for a violation of section 41712 (including a regulation prescribed or order issued under such section) or any 

other regulation prescribed by the Secretary of Transportation 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: 


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(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, chapter 423, 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 repairman certificate issued under part 65 of title 14, Code of 

Federal 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), section 46301(b), section 46302 (for a violation relating to 

section 46504), section 46318, section 46319, section 46320, or 

section 47107(b) (as further ødefined by the Secretary¿ defined 

by the Secretary of Transportation under section 47107(k) 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 44909), section 46302 (except for a violation relating to section 46504), or section 46303 of this title or a regulation prescribed or order issued under any of those provisions. 

The Secretary of Homeland Security or øAdministrator shall¿ 

Administrator of the Federal Aviation Administration 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 øAdministrator¿ Administrator of the Federal Aviation Administration under this subsection, the issues of liability and the amount of the penalty 

may not be reexamined. 


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(4) Notwithstanding paragraph (2) of this subsection, the district courts of the United States have exclusive jurisdiction of 

a civil action involving a penalty the Secretary of Homeland 

Security or øAdministrator¿ Administrator of the Federal Aviation Administration 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 concern 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 øAdministrator¿ Administrator of the Federal 

Aviation Administration 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 øAdministrator¿ Administrator of the Federal Aviation 

Administration 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 øAdministrator¿ Administrator of the Federal Aviation Administration but is bound by all validly adopted interpretations of 

laws and regulations the øAdministrator¿ Administrator of 

the Federal Aviation Administration 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 øAdministrator¿ 

Administrator of the Federal Aviation Administration is 

stayed. 

(6) An individual substantially affected by an order of the 

Board under paragraph (5) of this subsection, or the øAdministrator¿ Administrator of the Federal Aviation Administration 


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when the øAdministrator¿ Administrator of the Federal Aviation Administration 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 øAdministrator¿ Administrator of the Federal Aviation Administration shall be made 

a party to the judicial review proceedings. Findings of fact of 

the Board are conclusive if supported by substantial evidence. 

(7)(A) The øAdministrator¿ Administrator of the Federal 

Aviation Administration 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 øAdministrator¿ Administrator 

of the Federal Aviation Administration 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 øUnder Secretary¿ Administrator of the Transportation Security Administration, 

øAdministrator¿ Administrator of the Federal Aviation Administration, 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 individual 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 of Transportation 

shall consider— 


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(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 

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 chapter 451 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 øAdministrator¿ Administrator of the Federal Aviation Administration 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 øUnder Secretary of Transportation for Security 

with respect to security duties and powers designated to be 

carried out by the Under Secretary¿ Administrator of the 

Transportation Security Administration with respect to security 

duties and powers designated to be carried out by the Administrator of the Transportation Security Administration øor the 

Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator¿ or the 

Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) 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). 


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§ 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 (øor the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator¿ or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the 

Administrator of the Federal Aviation Administration). 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 enforce 

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 Administrator. 

§ 46311. Unlawful disclosure of information 

(a) CRIMINAL PENALTY.—The Secretary of Transportation, the 

øUnder Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under 

Secretary¿ Administrator of the Transportation Security Administration with respect to security duties and powers designated to be 

carried out by the Administrator of the Transportation Security Administration, øthe Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator¿ or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the 

Administrator of the Federal Aviation Administration, or an officer 

or employee of the Secretary, øUnder Secretary¿ Administrator of 

the Transportation Security Administration, or øAdministrator 

shall¿ Administrator of the Federal Aviation Administration shall 

be fined under title 18, imprisoned for not more than 2 years, or 

both, if the Secretary, øUnder Secretary¿ Administrator of the 

Transportation Security Administration, øAdministrator,¿ Administrator of the Federal Aviation Administration, officer, or employee 

knowingly and willfully discloses information that— 

(1) the Secretary, øUnder Secretary¿ Administrator of the 

Transportation Security Administration, øAdministrator¿ Administrator of the Federal Aviation Administration, officer, or 


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134 

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, 

øUnder Secretary¿ Administrator of the Transportation Security Administration, or øAdministrator¿ Administrator of the 

Federal Aviation Administration to disclose information that 

the Secretary, øUnder Secretary¿ Administrator of the Transportation Security Administration, or øAdministrator¿ Administrator of the Federal Aviation Administration had ordered 

withheld; or 

(2) the Secretary, øUnder Secretary¿ Administrator of the 

Transportation Security Administration, øAdministrator¿ Administrator of the Federal Aviation Administration, 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, øUnder Secretary¿ Administrator 

of the Transportation Security Administration, or øAdministrator¿ 

Administrator of the Federal Aviation Administration to withhold 

information from a committee of Congress authorized to have the 

information. 

§ 46313. Refusing to appear or produce records 

A person not obeying a øsubpena¿ subpoena or requirement of 

the Secretary of Transportation (or the øUnder Secretary of Transportation for Security with respect to security duties and powers 

designated to be carried out by the Under Secretary¿ Administrator of the Transportation Security Administration with respect to 

security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration øor the 

Administrator of the Federal Aviation Administration with respect 

to aviation safety duties and powers designated to be carried out 

by the Administrator¿ or the Administrator of the Federal Aviation 

Administration with respect to aviation safety duties and powers 

designated to be carried out by the Administrator of the Federal 

Aviation Administration) to appear and testify or produce records 

shall be fined under title 18, imprisoned for not more than one 

year, or both. 

§ 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 øUnder Secretary of Transportation for Security with respect to security duties and powers designated to be 

carried out by the Under Secretary¿ Administrator of the Transportation Security Administration with respect to security duties and 

powers designated to be carried out by the Administrator of the 

Transportation Security Administration øor the Administrator of 


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135 

the Federal Aviation Administration with respect to aviation safety 

duties and powers designated to be carried out by the Administrator¿ or the Administrator of the Federal Aviation Administration 

with respect to aviation safety duties and powers designated to be 

carried out by the Administrator of the Federal Aviation Administration) 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 section 44718(a)), and chapter 449 (except sections 44902, 44903(d), 44904, and 44907-44909) of this title. 

TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART IV. ENFORCEMENT AND PENALTIES

CHAPTER 465. SPECIAL AIRCRAFT JURISDICTION OF THE UNITED

STATES

§ 46505. Carrying a weapon or explosive on an aircraft 

(a) * * * 

(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 øUnder Secretary of Transportation 

for Security¿ Administrator of the Transportation Security Administration 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. 

TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART C. FINANCING

CHAPTER 483. AVIATION SECURITY FUNDING

ø§ 48301. Aviation security funding 

ø(a) IN GENERAL.—There are authorized to be appropriated for 

fiscal years 2002, 2003, 2004, 2005, 2007, 2008, 2009, 2010, and 


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136 

2011 such sums as may be necessary to carry out chapter 449 and 

related aviation security activities under this title. Any amounts 

appropriated pursuant to this section for fiscal year 2002 shall remain available until expended. 

ø(b) GRANTS FOR AIRCRAFT SECURITY.—There is authorized to be 

appropriated $500,000,000 for fiscal year 2002 to the Secretary of 

Transportation to make grants to or other agreements with air carriers (including intrastate air carriers) to— 

ø(1) fortify cockpit doors to deny access from the cabin to the 

pilots in the cockpit; 

ø(2) provide for the use of video monitors or other devices to 

alert the cockpit crew to activity in the passenger cabin; 

ø(3) ensure continuous operation of the aircraft transponder 

in the event the crew faces an emergency; and 

ø(4) provide for the use of other innovative technologies to 

enhance aircraft security¿ 

HOMELAND SECURITY ACT OF 2002 

[6 U.S.C. 101 et seq.] 

SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN. 

(a) * * * 

(b) UPDATE AND REPORT.—øBeginning 2 years after the date the 

Plan is submitted to Congress under subsection (a), and biennially 

thereafter, the Administrator shall submit to Congress—¿ The Administrator shall, in collaboration with relevant industry and government stakeholders, annually submit to Congress in an appendix 

to the budget request and publish in an unclassified format in the 

public domain— 

(1) an update of the Planø; and¿; 

(2) a report on the extent to which each security-related 

technology acquired by the Administration since the last 

issuance or update of the Plan is consistent with the planned 

technology programs and projects identified under subsection 

(d)(2) for that security-related technologyø.¿; and 

(3) information about acquisitions completed during the fiscal 

year preceding the fiscal year during which the report is submitted. 

IMPLEMENTING RECOMMENDATIONS OF THE 9/11 

COMMISSION ACT OF 2007 

[Public Law 110–53; 121 Stat. 266] 

SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM. 

(a) * * * 

(g) AUTHORIZATION.—There are authorized to be appropriated to 

the Secretary such sums as may be necessary to carry out this section for fiscal years 2007 through 2011. 

(h) THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY.— 

(1) IN GENERAL.—In order to enhance the screening of air 

cargo and ensure that third party explosives detection canine 

assets are leveraged for such purpose, the Administrator shall, 

not later than 180 days after the date of enactment of the TSA 

Modernization Act— 


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(A) develop and issue standards for the use of such third 

party explosives detection canine assets for the primary 

screening of air cargo; 

(B) develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards 

established by the Administrator under subparagraph (A); 

(C) ensure that entities qualified to certify canine assets 

shall be independent from entities that will train and provide canines to end users of such canine assets; 

(D) establish a system of Transportation Security Administration audits of the process developed under subparagraph (B); and 

(E) provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers. 

(2) IMPLEMENTATION.—Beginning on the date that the development of the process under paragraph (1)(B) is complete, the 

Administrator shall— 

(A) facilitate the deployment of such assets that meet the 

certification standards of the Administration, as determined by the Administrator; 

(B) make such standards available to vendors seeking to 

train and deploy third party explosives detection canine assets; and 

(C) ensure that all costs for the training and certification 

of canines, and for the use of supplied canines, are borne 

by private industry and not the Federal Government. 

(3) DEFINITIONS.—In this subsection: 

(A) AIR CARRIER.—The term ‘‘air carrier’’ has the meaning given the term in section 40102 of title 49, United 

States Code. 

(B) FOREIGN AIR CARRIER.—The term ‘‘foreign air carrier’’ 

has the meaning given the term in section 40102 of title 49, 

United States Code. 

(C) THIRD PARTY EXPLOSIVES DETECTION CANINE

ASSET.—The term ‘‘third party explosives detection canine 

asset’’ means any explosives detection canine or handler not 

owned or employed, respectively, by the Transportation Security Administration. 

AVIATION AND TRANSPORTATION SECURITY ACT 

[Public Law 107–71; 115 Stat. 602] 

SEC. 101. UNDER SECRETARY OF TRANSPORTATION FOR SECURITY; 

BONUS ELIGIBILITY. 

[5 U.S.C. 5313 note] 

(a) * * * 

(c) POSITION OF UNDER SECRETARY IN EXECUTIVE SCHEDULE.— 

(1) IN GENERAL.—* * * 

(2) BONUS ELIGIBILITY.—In addition to the annual rate of pay 

authorized by section 5313 of title 5, United States Code, the 

øUnder Secretary¿ Administrator of the Transportation Security Administration may receive a bonus for any calendar year 

not to exceed 30 percent of the annual rate of pay, based on 


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138 

the øSecretary’s¿ Secretary of Homeland Security’s evaluation 

of the øUnder Secretary’s¿ Administrator’s performance. 

(d) * * * 

INTELLIGENCE REFORM AND TERRORISM PREVENTION 

ACT OF 2004 

[Public Law 108–458; 118 Stat. 3638] 

SEC. 4016. FEDERAL AIR MARSHALS. 

[49 U.S.C. 44917 note] 

(a) FEDERAL AIR MARSHAL ANONYMITY.—The Director of the Federal Air Marshal Service of the Department of Homeland Security 

shall continue operational initiatives to protect the anonymity of 

Federal air marshals. 

(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—There is 

authorized to be appropriated to the Secretary of Homeland Security for the use of the Bureau of Immigration and Customs Enforcement, in addition to any amounts otherwise authorized by law, for 

the deployment of Federal air marshals under section 44917 of title 

49, United States Code, $83,000,000 for the 3 fiscal-year period beginning with fiscal year 2005. Such sums shall remain available 

until expended. 

(c) FEDERAL LAW ENFORCEMENT COUNTERTERRORISM TRAINING.— 

(1) AVAILABILITY OF INFORMATION.—The øAssistant Secretary for Immigration and Customs Enforcement¿ Administrator of the Transportation Security Administration and the 

Director of Federal Air Marshal Service of the Department of 

Homeland Security, shall make available, as practicable, appropriate information on in-flight counterterrorism and weapons handling procedures and tactics training to Federal law enforcement officers who fly while in possession of a firearm. 

(2) IDENTIFICATION OF FRAUDULENT DOCUMENTS.—The øAssistant Secretary for Immigration and Customs Enforcement 

and the Director of Federal Air Marshal Service of the Department of Homeland Security, in coordination with the Assistant 

Secretary of Homeland Security (Transportation Security Administration),¿ Administrator of the Transportation Security 

Administration and the Director of Federal Air Marshal Service 

of the Department of Homeland Security shall ensure that 

Transportation Security Administration screeners and Federal 

air marshals receive training in identifying fraudulent identification documents, including fraudulent or expired visas and 

passports. Such training shall also be made available to other 

Federal law enforcement agencies and local law enforcement 

agencies located in a State that borders Canada or Mexico. 

FAA EXTENSION, SAFETY, AND SECURITY ACT OF 2016 

[Public Law 114-190; 130 Stat. 615] 

øSEC. 3101. PRECHECK PROGRAM AUTHORIZATION. 

øThe Administrator shall continue to administer the PreCheck 

Program.¿ 

øSEC. 3102. PRECHECK PROGRAM ENROLLMENT EXPANSION. 

ø(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator shall publish PreCheck ProVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00140 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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gram enrollment standards that add multiple private sector application capabilities for the PreCheck Program to increase the 

public’s enrollment access to the program, including standards that 

allow the use of secure technologies, including online enrollment, 

kiosks, tablets, or staffed laptop stations at which individuals can 

apply for entry into the program. 

ø(b) REQUIREMENTS.—Upon publication of the PreCheck Program 

enrollment standards under subsection (a), the Administrator 

shall— 

ø(1) coordinate with interested parties— 

ø(A) to deploy TSA-approved ready-to-market private 

sector solutions that meet the PreCheck Program enrollment standards under such subsection; 

ø(B) to make available additional PreCheck Program enrollment capabilities; and 

ø(C) to offer secure online and mobile enrollment opportunities; 

ø(2) partner with the private sector to collect biographic and 

biometric identification information via kiosks, mobile devices, 

or other mobile enrollment platforms to increase enrollment 

flexibility and minimize the amount of travel to enrollment 

centers for applicants; 

ø(3) ensure that any information, including biographic information, is collected in a manner that— 

ø(A) is comparable with the appropriate and applicable 

standards developed by the National Institute of Standards and Technology; and 

ø(B) protects privacy and data security, including that 

any personally identifiable information is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States Code (commonly known 

as ‘‘Privacy Act of 1974’’), and with agency regulations; 

ø(4) ensure that the enrollment process is streamlined and 

flexible to allow an individual to provide additional information 

to complete enrollment and verify identity; 

ø(5) ensure that any enrollment expansion using a private 

sector risk assessment instead of a fingerprint-based criminal 

history records check is evaluated and certified by the Secretary of Homeland Security, and verified by the Government 

Accountability Office or a Federally funded research and development center after award to be equivalent to a fingerprintbased criminal history records check conducted through the 

Federal Bureau of Investigation with respect to the effectiveness of identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal 

history; and 

ø(6) ensure that the Secretary has certified that reasonable 

procedures are in place with regard to the accuracy, relevancy, 

and proper utilization of information employed in private sector risk assessments. 

ø(c) MARKETING OF PRECHECK PROGRAM.—Upon publication of 

PreCheck Program enrollment standards under subsection (a), the 

Administrator shall— 

ø(1) in accordance with such standards, develop and implement— 


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ø(A) a continual process, including an associated timeframe, for approving private sector marketing of the 

PreCheck Program; and 

ø(B) a long-term strategy for partnering with the private 

sector to encourage enrollment in such program; 

ø(2) submit to Congress, at the end of each fiscal year, a report on any PreCheck Program application fees collected in excess of the costs of administering the program, including to assess the feasibility of the program, for such fiscal year, and recommendations for using such fees to support marketing of the 

program. 

ø(d) IDENTITY VERIFICATION ENHANCEMENT.—Not later than 120 

days after the date of enactment of this Act, the Administrator 

shall— 

ø(1) coordinate with the heads of appropriate components of 

the Department to leverage Department-held data and technologies to verify the citizenship of individuals enrolling in the 

PreCheck Program; 

ø(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed 

by the National Institute of Standards and Technology, to facilitate enrollment in the program; and 

ø(3) consider leveraging the existing resources and abilities 

of airports to conduct fingerprint and background checks to expedite identity verification. 

ø(e) PRECHECK PROGRAM LANES OPERATION.—The Administrator 

shall— 

ø(1) ensure that PreCheck Program screening lanes are open 

and available during peak and high-volume travel times at appropriate airports to individuals enrolled in the PreCheck Program; and 

ø(2) make every practicable effort to provide expedited 

screening at standard screening lanes during times when 

PreCheck Program screening lanes are closed to individuals 

enrolled in the program in order to maintain operational efficiency. 

ø(f) VETTING FOR PRECHECK PROGRAM PARTICIPANTS.—Not later 

than 90 days after the date of enactment of this Act, the Administrator shall initiate an assessment to identify any security 

vulnerabilities in the vetting process for the PreCheck Program, including determining whether subjecting PreCheck Program participants to recurrent fingerprint-based criminal history records 

checks, in addition to recurrent checks against the terrorist 

watchlist, could be done in a cost-effective manner to strengthen 

the security of the PreCheck Program.¿ 

AVIATION SECURITY ACT OF 2016 

[49 U.S.C. 44901 note] 

øSEC. 3204. DONATION OF SCREENING EQUIPMENT TO PROTECT THE 

UNITED STATES. 

[49 U.S.C. 44901 note] 

ø(a) IN GENERAL.—The Administrator is authorized to donate security screening equipment to a foreign last point of departure airport operator if such equipment can be reasonably expected to mitiVerDate Sep 11 2014 19:10 Jun 09, 2018 Jkt 079010 PO 00000 Frm 00142 Fmt 6659 Sfmt 6602 E:\HR\OC\SR266.XXX SR266

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gate a specific vulnerability to the security of the United States or 

United States citizens. 

ø(b) REPORT.—Not later than 30 days before any donation of security screening equipment pursuant to subsection (a), the Administrator shall provide to the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, 

Science, and Transportation of the Senate a detailed written explanation of the following: 

ø(1) The specific vulnerability to the United States or United 

States citizens that will be mitigated by such donation. 

ø(2) An explanation as to why the recipient of such donation 

is unable or unwilling to purchase security screening equipment to mitigate such vulnerability. 

ø(3) An evacuation plan for sensitive technologies in case of 

emergency or instability in the country to which such donation 

is being made. 

ø(4) How the Administrator will ensure the security screening equipment that is being donated is used and maintained 

over the course of its life by the recipient. 

ø(5) The total dollar value of such donation.¿ 

Æ 


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