H. R. 1758—459
(3) schedules showing the number and percentage of inspec-
tors who have received mandatory training by individual course,
and the number of inspectors by work force categories, who
have received all mandatory training;
(4) a description of the criteria used to set annual work
programs, an explanation of how these criteria differ from
criteria used in the prior fiscal year and how the annual work
programs ensure compliance with appropriate regulations and
safe operating practices;
(5) a comparison of actual inspections performed during
the fiscal year to the annual work programs by field location
and, for any field location completing less than 80 percent
of its planned number of inspections, an explanation of why
annual work program plans were not met;
(6) a statement of the adequacy of Administration internal
management controls available to ensure that field managers
comply with Administration policies and procedures, including
those on inspector priorities, district office coordination, mini-
mum inspection standards, and inspection followup;
(7) the status of efforts made by the Administration to
update inspector guidance documents and regulations to include
technological, management, and structural changes taking place
in the aviation industry, including a listing of the backlog
of all proposed regulatory amendments;
(8) a list of the specific operational measures of effective-
ness used to evaluate—
(A) the progress in meeting program objectives;
(B) the quality of program delivery; and
(C) the nature of emerging safety problems;
(9) a schedule showing the number of civil penalty cases
closed during the 2 prior fiscal years, including the total initial
and final penalties imposed, the total number of dollars col-
lected, the range of dollar amounts collected, the average case
processing time, and the range of case processing time;
(10) a schedule showing the number of enforcement actions
taken (except civil penalties) during the 2 prior fiscal years,
including the total number of violations cited, and the number
of cited violation cases closed by certificate suspensions, certifi-
cate revocations, warnings, and no action taken; and
(11) schedules showing the safety record of the aviation
industry during the fiscal year for air carriers and general
aviation, including—
(A) the number of inspections performed when defi-
ciencies were identified compared with inspections when
no deficiencies were found;
(B) the frequency of safety deficiencies for each air
carrier; and
(C) an analysis based on data of the general status
of air carrier and general aviation compliance with aviation
regulations.
CHAPTER 449—SECURITY
SUBCHAPTER I—REQUIREMENTS
Sec.
44901.
Screening passengers and property.
44902.
Refusal to transport passengers and property.
44903.
Air transportation security.
H. R. 1758—460
44904.
Domestic air transportation system security.
44905.
Information about threats to civil aviation.
44906.
Foreign air carrier security programs.
44907.
Security standards at foreign airports.
44908.
Travel advisory and suspension of foreign assistance.
44909.
Passenger manifests.
44910.
Agreements on aircraft sabotage, aircraft hijacking, and airport security.
44911.
Intelligence.
44912.
Research and development.
44913.
Explosive detection.
44914.
Airport construction guidelines.
44915.
Exemptions.
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL
44931.
Director of Intelligence and Security.
44932.
Assistant Administrator for Civil Aviation Security.
44933.
Federal Security Managers.
44934.
Foreign Security Liaison Officers.
44935.
Employment standards and training.
44936.
Employment investigations and restrictions.
44937.
Prohibition on transferring duties and powers.
44938.
Reports.
SUBCHAPTER I—REQUIREMENTS
§ 44901. Screening passengers and property
(a) GENERAL REQUIREMENTS.—The Administrator of the Federal
Aviation Administration shall prescribe regulations requiring
screening of all passengers and property that will be carried in
a cabin of an aircraft in air transportation or intrastate air transpor-
tation. The screening must take place before boarding and be carried
out by a weapon-detecting facility or procedure used or operated
by an employee or agent of an air carrier, intrastate air carrier,
or foreign air carrier.
(b) AMENDING REGULATIONS.—Notwithstanding subsection (a)
of this section, the Administrator may amend a regulation pre-
scribed under subsection (a) to require screening only to ensure
security against criminal violence and aircraft piracy in air
transportation and intrastate air transportation.
(c) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.—
The Administrator—
(1) may exempt from this section air transportation oper-
ations, except scheduled passenger operations of an air carrier
providing air transportation under a certificate issued under
section 41102 of this title or a permit issued under section
41302 of this title; and
(2) shall advise Congress of a regulation to be prescribed
under this section at least 30 days before the effective date
of the regulation, unless the Administrator decides an emer-
gency exists requiring the regulation to become effective in
fewer than 30 days and notifies Congress of that decision.
§ 44902. Refusal to transport passengers and property
(a) MANDATORY REFUSAL.—The Administrator of the Federal
Aviation 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
H. R. 1758—461
(2) property of a passenger who does not consent to a
search of the property establishing whether the property unlaw-
fully contains a dangerous weapon, explosive, or other destruc-
tive substance.
(b) PERMISSIVE
REFUSAL.—Subject to regulations of the
Administrator, an air carrier, intrastate air carrier, or foreign air
carrier may refuse to transport a passenger or property the carrier
decides is, or might be, inimical to safety.
(c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry
passengers or property in air transportation or intrastate air
transportation by an air carrier, intrastate air carrier, or foreign
air carrier is deemed to include an agreement that the passenger
or property will not be carried if consent to search the passenger
or property for a purpose referred to in this section is not given.
§ 44903. Air transportation security
(a) DEFINITION.—In this section, ‘‘law enforcement personnel’’
means individuals—
(1) authorized to carry and use firearms;
(2) vested with the degree of the police power of arrest
the Administrator of the Federal Aviation Administration
considers necessary to carry out this section; and
(3) identifiable by appropriate indicia of authority.
(b) PROTECTION AGAINST VIOLENCE AND PIRACY.—The Adminis-
trator 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 Adminis-
trator shall—
(1) consult with the Secretary of Transportation, the Attor-
ney 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 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 enforce-
ment 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 Administrator
H. R. 1758—462
decides, after being notified by an operator in the form the Adminis-
trator prescribes, that not enough qualified State, local, and private
law enforcement personnel are available to carry out subsection
(b), the Administrator may authorize the operator to use, on a
reimbursable basis, personnel employed by the Administrator, or
by another department, agency, or instrumentality of the Govern-
ment 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 Administrator shall consider the number of pas-
sengers boarded at the airport, the extent of anticipated risk of
criminal violence or aircraft piracy at the airport or to the air
carrier aircraft operations at the airport, and the availability of
qualified State or local law enforcement personnel at the airport.
(2)(A) The Administrator may approve a security program of
an airport operator, or an amendment in an existing program,
that incorporates a security program of an airport tenant (except
an air carrier separately complying with part 108 or 129 of title
14, Code of Federal Regulations) having access to a secured area
of the airport, if the program or amendment incorporates—
(i) the measures the tenant will use, within the tenant’s
leased areas or areas designated for the tenant’s exclusive
use under an agreement with the airport operator, to carry
out the security requirements imposed by the Administrator
on the airport operator under the access control system require-
ments 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 require-
ments 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 provi-
sion or requirement imposed by the airport operator.
(B) If the Administrator approves a program or amendment
described in subparagraph (A) of this paragraph, the airport opera-
tor 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.
(d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE
ARRESTS.—With the approval of the Attorney General and the Sec-
retary of State, the Secretary of Transportation may authorize
an individual who carries out air transportation security duties—
(1) to carry firearms; and
(2) to make arrests without warrant for an offense against
the United States committed in the presence of the individual
or for a felony under the laws of the United States, if the
individual reasonably believes the individual to be arrested
has committed or is committing a felony.
(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The
Administrator has the exclusive responsibility to direct law enforce-
ment 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