590 
(2) include a threat matrix document that outlines each threat to the 
United States civil aviation system and the corresponding layers of se-
curity in place to address the threat. 
(d) OPERATIONAL CRITERIA.—The Administrator shall issue operational 
criteria to protect airport infrastructure and operations against the threats 
identified in the plans prepared under 11314(a) of this title and shall ap-
prove best practices guidelines for airport assets. 
(e) IMPROVING SECURITY.—The Administrator shall take necessary ac-
tions to improve domestic air transportation security by correcting defi-
ciencies in that security discovered in the assessments, analyses, and moni-
toring carried out under this section. 
§ 40915. Information about threats to civil aviation 
(a) PROVIDING INFORMATION.—Under guidelines the Secretary pre-
scribes, 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 Sec-
retary. 
(b) FLIGHT CANCELLATION.—If a decision is made that a particular 
threat cannot be addressed in a way adequate to ensure, to the extent fea-
sible, the safety of passengers and crew of a particular flight or series of 
flights, the Administrator shall cancel the flight or series of flights. 
(c) GUIDELINES ON PUBLIC NOTICE.— 
(1) IN GENERAL.—The President shall develop guidelines for ensur-
ing 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 pub-
lic; 
(B) ensuring that public notice is provided in a timely and effec-
tive 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). 
(2) CONTENTS.—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 meth-
ods; 
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(E) cancellation, by an air carrier or the Administrator, of a 
flight or series of flights instead of public notice; 
(F) the ability of passengers and crew to take steps to reduce 
the risk to their safety after receiving public notice of a threat; 
and 
(G) other factors the Administrator considers appropriate. 
(d) GUIDELINES ON NOTICE TO CREWS.—The Administrator shall de-
velop guidelines for ensuring that notice in appropriate cases of threats to 
the security of an air carrier flight is provided to the flight crew and cabin 
crew of that flight. 
(e) LIMITATION ON NOTICE TO SELECTIVE TRAVELERS.—Notice of a 
threat to civil aviation may be provided to selective potential travelers only 
if the threat applies only to those travelers. 
(f) RESTRICTING ACCESS TO INFORMATION.—In cooperation with the de-
partments, agencies, and instrumentalities of the Government that collect, 
receive, and analyze intelligence information related to aviation security, the 
Administrator shall develop procedures to minimize the number of individ-
uals 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 pow-
ers related to aviation security effectively, including providing notice to the 
public and flight and cabin crews under this section. 
(g) DISTRIBUTION OF GUIDELINES.—The guidelines developed under this 
section shall be distributed for use by appropriate officials of the Depart-
ment of Transportation, the Department of State, the Department of Jus-
tice, and air carriers. 
§ 40916. Foreign air carrier security programs 
The Administrator shall continue in effect the requirement of section 
129.25 of title 14, Code of Federal Regulations, that a foreign air carrier 
must adopt and use a security program approved by the Administrator. The 
Administrator shall not approve a security program of a foreign air carrier 
under section 129.25 of title 14, Code of Federal Regulations, or a suc-
cessor regulation, unless the security program requires the foreign air car-
rier in its operations to and from airports in the United States to adhere 
to the identical security measures that the Administrator requires air car-
riers serving the same airports to adhere to. The foregoing requirement 
shall not be interpreted to limit the ability of the Administrator to impose 
additional security measures on a foreign air carrier or an air carrier when 
the Administrator determines that a specific threat warrants additional 
measures. The Administrator shall prescribe regulations to carry out this 
section. 
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§ 40917. Security standards at foreign airports 
(a) ASSESSMENT.— 
(1) IN GENERAL.—At intervals the Secretary considers necessary, 
the Secretary shall assess the effectiveness of the security measures 
maintained at— 
(A) a foreign airport— 
(i) served by an air carrier; 
(ii) from which a foreign air carrier serves the United 
States; or 
(iii) that poses a high risk of introducing danger to inter-
national air travel; and 
(B) other foreign airports the Secretary considers appropriate. 
(2) MEANS OF ASSESSMENT.—The Secretary shall conduct an as-
sessment under paragraph (1)— 
(A) in consultation with appropriate aeronautic authorities of 
the government of a foreign country concerned and each air car-
rier serving the foreign airport for which the Secretary is con-
ducting the assessment; 
(B) to establish the extent to which a foreign airport effectively 
maintains and carries out security measures; and 
(C) by using a standard that will result in an analysis of the 
security measures at the airport based at least on the standards 
and appropriate recommended practices contained in Annex 17 to 
the Convention on International Civil Aviation in effect on the 
date of the assessment. 
(3) REPORT.—Each report to Congress required under section 
40956(b) of this title shall contain a summary of the assessments con-
ducted under this subsection. 
(b) CONSULTATION.—In carrying out subsection (a), the Secretary shall 
consult with the Secretary of State— 
(1) on the terrorist threat that exists in each country; and 
(2) to establish which foreign airports are not under the de facto 
control of the government of the foreign country in which they are lo-
cated and pose a high risk of introducing danger to international air 
travel. 
(c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary, after con-
ducting an assessment under subsection (a), decides that an airport does 
not maintain and carry out effective security measures, the Secretary, after 
advising the Secretary of State, shall notify the appropriate authorities of 
the government of the foreign country of the decision and recommend the 
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steps necessary to bring the security measures in use at the airport up to 
the standard used by the Secretary in making the assessment. 
(d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING OUT 
EFFECTIVE SECURITY MEASURES.— 
(1) IDENTIFICATION
OF
AIRPORT.—When the Secretary decides 
under this section that an airport does not maintain and carry out ef-
fective security measures— 
(A) the Secretary shall— 
(i) publish the identity of the airport in the Federal Reg-
ister; 
(ii) have the identity of the airport posted and displayed 
prominently at all United States airports at which scheduled 
air carrier operations are provided regularly; and 
(iii) notify the news media of the identity of the airport; 
(B) each air carrier and foreign air carrier providing transpor-
tation between the United States and the airport shall provide 
written notice of the decision, on or with the ticket, to each pas-
senger buying a ticket for transportation between the United 
States and the airport; 
(C) notwithstanding section 40105(b) of title 49, the Secretary, 
after consulting with the appropriate aeronautic authorities of the 
foreign country concerned and each air carrier serving the airport 
and with the approval of the Secretary of State, may withhold, re-
voke, or prescribe conditions on the operating authority of an air 
carrier or foreign air carrier that uses that airport to provide for-
eign air transportation; and 
(D) the President may prohibit an air carrier or foreign air car-
rier from providing transportation between the United States and 
any other foreign airport that is served by aircraft flying to or 
from the airport with respect to which a decision is made under 
this section. 
(2) EFFECTIVENESS.— 
(A) IN GENERAL.—Paragraph (1) becomes effective— 
(i) 90 days after the government of a foreign country is no-
tified under subsection (c) if the Secretary finds that the gov-
ernment has not brought the security measures at the airport 
up to the standard the Secretary used in making an assess-
ment under subsection (a); or 
(ii) immediately on the decision of the Secretary under sub-
section (c) if the Secretary decides, after consulting with the 
Secretary of State, that a condition exists that threatens the 
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safety or security of passengers, aircraft, or crew traveling to 
or from the airport. 
(B) STATE DEPARTMENT NOTICE.—The Secretary immediately 
shall notify the Secretary of State of a decision under subpara-
graph (A)(ii) of this paragraph so that the Secretary of State may 
issue a travel advisory required under section 40918(a) of this 
title. 
(3) REPORT TO CONGRESS.—The Secretary promptly shall submit to 
Congress a report (and classified annex if necessary) on action taken 
under paragraph (1) or (2), including information on attempts made 
to obtain the cooperation of the government of a foreign country in 
meeting the standard the Secretary used in assessing the airport under 
subsection (a). 
(4) TERMINATION OF ACTION.—An action required under paragraph 
(1)(A) and (B) is no longer required only if the Secretary, in consulta-
tion with the Secretary of State, decides that effective security meas-
ures are maintained and carried out at the airport. The Secretary shall 
notify Congress when the action is no longer required to be taken. 
(e) SUSPENSIONS.—Notwithstanding sections 40105(b) and 40106(b) of 
title 49, the Secretary, with the approval of the Secretary of State and with-
out notice or a hearing, shall suspend the right of an air carrier or foreign 
air carrier to provide foreign air transportation, and the right of a person 
to operate aircraft in foreign air commerce, to or from a foreign airport 
when the Secretary decides that— 
(1) a condition exists that threatens the safety or security of pas-
sengers, aircraft, or crew traveling to or from that airport; and 
(2) the public interest requires an immediate suspension of transpor-
tation between the United States and that airport. 
(f) CONDITION OF CARRIER AUTHORITY.—This section is a condition of 
authority the Secretary of Transportation grants under part A of subtitle 
VII of title 49 to an air carrier or foreign air carrier. 
§ 40918. Travel advisory and suspension of foreign assist-
ance 
(a) TRAVEL ADVISORIES.—On being notified by the Secretary that the 
Secretary has decided under section 40917(d)(2)(A)(ii) of this title that a 
condition exists that threatens the safety or security of passengers, aircraft, 
or crew traveling to or from a foreign airport that the Secretary has decided 
under section 40917 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 40917(d)(1) be-
comes effective if the Secretary of State decides the country is a high ter-
rorist threat country. The President may waive this subsection if the Presi-
dent 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 sec-
tion is no longer required only if the Secretary has made a decision as pro-
vided under section 40917(d)(4) of this title. The Secretary shall notify 
Congress when the action is no longer required to be taken. 
§ 40919. Passenger manifests 
(a) AIR CARRIER REQUIREMENTS.— 
(1) IN GENERAL.—The Secretary shall require each air carrier to 
provide a passenger manifest for a flight to an appropriate representa-
tive of the Secretary of State— 
(A) not later than 1 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 pos-
sible, but not later than 3 hours after the carrier is so notified. 
(2) CONTENTS.—The passenger manifest should include the fol-
lowing 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 pas-
senger. 
(3) CONSIDERATION
OF
REQUIREMENT
TO
COLLECT
INFORMA-
TION.—In carrying out this subsection, the Secretary shall consider the 
necessity and feasibility of requiring air carriers to collect passenger 
manifest information as a condition for passengers boarding a flight of 
the carrier. 
(b) FOREIGN AIR CARRIER REQUIREMENTS.—The Secretary shall con-
sider imposing a requirement on foreign air carriers comparable to that im-
posed on air carriers under subsection (a)(1) and (2). 
(c) FLIGHTS
IN FOREIGN AIR TRANSPORTATION
TO
THE UNITED 
STATES.— 
(1) IN GENERAL.—Each air carrier and foreign air carrier operating 
a passenger flight in foreign air transportation to the United States 
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shall provide to the Commissioner of U.S. Customs and Border Protec-
tion by electronic transmission a passenger and crew manifest con-
taining the information specified in paragraph (2). Carriers may use 
the advanced passenger information system to provide the information. 
(2) CONTENTS.—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 pas-
senger and crew member if required for travel. 
(E) The United States visa number or resident alien card num-
ber of each passenger and crew member, as applicable. 
(F) Other information the Administrator, in consultation with 
the Commissioner of U.S. Customs and Border Protection, deter-
mines is reasonably necessary to ensure aviation safety. 
(3) PASSENGER NAME RECORDS.—The carriers shall make passenger 
name record information available to U. S. Customs and Border Pro-
tection on request. 
(4) TRANSMISSION OF MANIFEST.—Subject to paragraphs (5) and 
(6), a passenger and crew manifest required for a flight under para-
graph (1) shall be transmitted to U. S. Customs and Border Protection 
in advance of the aircraft landing in the United States in the manner, 
time, and form U.S. Customs and Border Protection prescribes. 
(5) TRANSMISSION OF MANIFESTS TO OTHER FEDERAL AGENCIES.— 
On request, information provided to the Secretary or U. S. Customs 
and Border Protection under this subsection may be shared with other 
Federal agencies for the purpose of protecting national security 
(6) PRESCREENING INTERNATIONAL PASSENGERS.— 
(A) IN GENERAL.—The Secretary, or the designee of the Sec-
retary, shall issue a notice of proposed rulemaking that will allow 
the Department to compare passenger information for an inter-
national flight to or from the United States against the consoli-
dated and integrated terrorist watchlist maintained by the Federal 
Government before departure of the flight. 
(B) APPEAL PROCEDURES.— 
(i) ESTABLISHMENT.—The Secretary shall establish a 
timely and fair process for individuals identified as a threat 
under subparagraph (A) to appeal to the Department the de-
termination and correct erroneous information. 
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(ii) RECORD OF MISIDENTIFIED INDIVIDUALS.—The proc-
ess shall include the establishment of a method by which the 
Secretary will be able to maintain a record of air passengers 
and other individuals who have been misidentified and have 
corrected erroneous information. To prevent repeated delays 
of misidentified passengers and other individuals, the Depart-
ment record shall contain information determined by the Sec-
retary to authenticate the identity of such a passenger or in-
dividual. 
§ 40920. Agreements on aircraft sabotage, aircraft hijacking, 
and airport security 
The Secretary of State shall seek multilateral and bilateral agreement on 
strengthening enforcement measures and standards for compliance related 
to aircraft sabotage, aircraft hijacking, and airport security. 
§ 40921. Intelligence 
(a) DEFINITION OF INTELLIGENCE COMMUNITY.—In this section, ‘‘intel-
ligence community’’ means the intelligence and intelligence-related activities 
of the following units of the United States Government: 
(1) Department of State. 
(2) Department of Defense. 
(3) Department of the Treasury. 
(4) Department of Energy. 
(5) Departments of the Army, Navy, and Air Force. 
(6) Central Intelligence Agency. 
(7) National Security Agency. 
(8) Defense Intelligence Agency. 
(9) Federal Bureau of Investigation. 
(10) Drug Enforcement Administration. 
(b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The head 
of each unit in the intelligence community shall prescribe policies and proce-
dures to ensure that intelligence reports about terrorism are made available, 
as appropriate, to the heads of other units in the intelligence community, 
the Secretary, and the Administrator. 
(c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads of the 
units in the intelligence community shall place greater emphasis on strategic 
intelligence efforts by establishing a unit for strategic planning on terrorism. 
(d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request of the 
Secretary, the Director of Central Intelligence shall designate at least one 
intelligence officer of the Central Intelligence Agency to serve in a senior 
position in the Office of the Secretary. 
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(e) WRITTEN WORKING AGREEMENTS.—The heads of units in the intel-
ligence community, the Secretary, and the Administrator shall review and, 
as appropriate, revise written working agreements between the intelligence 
community and the Administrator. 
§ 40922. Research and development 
(a) PROGRAM REQUIREMENT.— 
(1) IN GENERAL.—The Administrator shall establish and carry out 
a program to accelerate and expand the research, development, and im-
plementation of technologies and procedures to counteract terrorist acts 
against civil aviation. The program shall provide for developing and 
having in place new equipment and procedures necessary to meet the 
technological challenges presented by terrorism. The program shall in-
clude research on, and development of, technological improvements and 
ways to enhance human performance. 
(2) REQUIRED ACTIONS.—In designing and carrying out the pro-
gram established under this subsection, the Administrator shall— 
(A) consult and coordinate activities with other departments, 
agencies, and instrumentalities of the United States Government 
doing similar research; 
(B) identify departments, agencies, and instrumentalities that 
would benefit from that research; and 
(C) seek cost-sharing agreements with those departments, agen-
cies, and instrumentalities. 
(3) ANNUAL REPORTS.—In carrying out the program established 
under this subsection, the Administrator shall review and consider the 
annual reports the Secretary submits to Congress on transportation se-
curity and intelligence. 
(4) DESIGNATION OF RESPONSIBLE INDIVIDUAL.— 
(A) IN
GENERAL.—In carrying out the program established 
under this subsection, the Administrator shall designate an indi-
vidual to be responsible for engineering, research, and development 
with respect to security technology under the program. 
(B) DECISION-MAKING.—The individual designated under sub-
paragraph (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) ANNUAL REPORT.—The individual designated under sub-
paragraph (A) shall, on an annual basis, submit to the Research, 
Engineering and Development Advisory Committee a report on ac-
tivities under this paragraph during the preceding year. Each re-
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