557
amounts collected, the average case processing time, and the range of
case processing time;
(10) a schedule showing the number of enforcement actions taken
(except civil penalties) during the 2 prior fiscal years, including the
total number of violations cited, and the number of cited violation cases
closed by certificate suspensions, certificate revocations, warnings, and
no action taken; and
(11) schedules showing the safety record of the aviation industry
during the fiscal year for air carriers and general aviation, including—
(A) the number of inspections performed when deficiencies were
identified compared with inspections when no deficiencies were
found;
(B) the frequency of safety deficiencies for each air carrier; and
(C) an analysis based on data of the general status of air car-
rier 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.
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 Avia-
tion 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 transportation. The screening must take
place before boarding and be carried out by a weapon-detecting facility or
558
procedure used or operated by an employee or agent of an air carrier, intra-
state air carrier, or foreign air carrier.
(b) AMENDING REGULATIONS.—Notwithstanding subsection (a) of this
section, the Administrator may amend a regulation prescribed under sub-
section (a) to require screening only to ensure security against criminal vio-
lence and aircraft piracy in air transportation and intrastate air transpor-
tation.
(c) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.—The Ad-
ministrator—
(1) may exempt from this section air transportation operations, ex-
cept 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, un-
less the Administrator decides an emergency exists requiring the regu-
lation 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, intra-
state 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 sub-
stance; or
(2) property of a passenger who does not consent to a search of the
property establishing whether the property unlawfully contains a dan-
gerous weapon, explosive, or other destructive 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, inimi-
cal to safety.
(c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry pas-
sengers or property in air transportation or intrastate air transportation by
an air carrier, intrastate air carrier, or foreign air carrier is deemed to in-
clude an agreement that the passenger or property will not be carried if con-
sent to search the passenger or property for a purpose referred to in this
section is not given.
559
§ 44903. Air transportation security
(a) DEFINITION.—In this section, ‘‘law enforcement personnel’’ means in-
dividuals—
(1) authorized to carry and use firearms;
(2) vested with the degree of the police power of arrest the Adminis-
trator 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 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 Administrator shall—
(1) consult with the Secretary of Transportation, the Attorney Gen-
eral, 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 regula-
tions 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 pro-
gram that provides a law enforcement presence and capability at each of
those airports that is adequate to ensure the safety of passengers. The regu-
lations shall authorize the operator to use the services of qualified State,
local, and private law enforcement personnel. When the Administrator de-
cides, after being notified by an operator in the form the Administrator pre-
scribes, 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
560
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 Ad-
ministrator shall consider the number of passengers boarded at the airport,
the extent of anticipated risk of criminal violence or aircraft piracy at the
airport or to the air carrier aircraft operations at the airport, and the avail-
ability 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 se-
curity program of an airport tenant (except an air carrier separately com-
plying 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 incor-
porates—
(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 im-
posed by the Administrator on the airport operator under the access
control system requirements of section 107.14 of title 14, Code of Fed-
eral 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 air-
port operator if the tenant fails to carry out a security requirement
under a contractual provision or requirement imposed by the airport
operator.
(B) If the Administrator approves a program or amendment described in
subparagraph (A) of this paragraph, the airport operator may not be found
to be in violation of a requirement of this subsection or subsection (b) of
this section when the airport operator demonstrates that the tenant or an
employee, permittee, or invitee of the tenant is responsible for the violation
and that the airport operator has complied with all measures in its security
program for securing compliance with its security program by the tenant.
(d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE AR-
RESTS.—With the approval of the Attorney General and the Secretary of
State, the Secretary of Transportation may authorize an individual who car-
ries out air transportation security duties—
(1) to carry firearms; and
(2) to make arrests without warrant for an offense against the Unit-
ed States committed in the presence of the individual or for a felony
under the laws of the United States, if the individual reasonably be-
561
lieves the individual to be arrested has committed or is committing a
felony.
(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The Ad-
ministrator 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 Administrator,
other departments, agencies, and instrumentalities of the Government shall
provide assistance necessary to carry out this subsection.
§ 44904. Domestic air transportation system security
(a) ASSESSING THREATS.—The Administrator of the Federal Aviation
Administration and the Director of the Federal Bureau of Investigation
jointly shall assess current and potential threats to the domestic air trans-
portation 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 Administrator and the Di-
rector 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 Ad-
ministrator shall carry out periodic threat and vulnerability assessments on
security at each airport that is part of the domestic air transportation sys-
tem. 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 fa-
cilities; and
(5) coordination of the activities of security personnel of the Admin-
istration, the United States Customs Service, the Immigration and
Naturalization Service, and air carriers, and of other law enforcement
personnel.
(c) IMPROVING SECURITY.—The Administrator shall take necessary ac-
tions to improve domestic air transportation security by correcting any defi-
ciencies in that security discovered in the assessments, analyses, and mon-
itoring carried out under this section.
562
§ 44905. Information about threats to civil aviation
(a) PROVIDING INFORMATION.—Under guidelines the Secretary of Trans-
portation prescribes, an air carrier, airport operator, ticket agent, or indi-
vidual employed by an air carrier, airport operator, or ticket agent, receiving
information (except a communication directed by the United States Govern-
ment) about a threat to civil aviation shall provide the information promptly
to the Secretary.
(b) FLIGHT CANCELLATION.—If a decision is made that a particular
threat cannot be addressed in a way adequate to ensure, to the extent fea-
sible, the safety of passengers and crew of a particular flight or series of
flights, the Administrator of the Federal Aviation Administration shall can-
cel 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 respon-
sible 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 sub-
section (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 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,
563
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.
§ 44906. Foreign air carrier security programs
The Administrator of the Federal Aviation Administration shall continue
in effect the requirement of section 129.25 of title 14, Code of Federal Reg-
ulations, that a foreign air carrier must adopt and use a security program
approved by the Administrator. The Administrator may approve a security
program of a foreign air carrier under section 129.25 only if the Adminis-
trator decides the security program provides passengers of the foreign air
carrier a level of protection similar to the level those passengers would re-
ceive under the security programs of air carriers serving the same airport.
The Administrator shall require a foreign air carrier to use procedures
equivalent to those required of air carriers serving the same airport if the
Administrator decides that the procedures are necessary to provide a level
of protection similar to that provided passengers of the air carriers serving
the same airport. The Administrator shall prescribe regulations to carry out
this section.
§ 44907. Security standards at foreign airports
(a) ASSESSMENT.—(1) At intervals the Secretary of Transportation con-
siders 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) The Secretary of Transportation shall conduct an assessment under
paragraph (1) of this subsection—
(A) in consultation with appropriate aeronautic authorities of the
government of a foreign country concerned and each air carrier serving
564
the foreign airport for which the Secretary is conducting the assess-
ment;
(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 appro-
priate recommended practices contained in Annex 17 to the Convention
on International Civil Aviation in effect on the date of the assessment.
(3) Each report to Congress required under section 44938(b) of this title
shall contain a summary of the assessments conducted under this sub-
section.
(b) CONSULTATION.—In carrying out subsection (a) of this section, the
Secretary of Transportation shall consult with the Secretary of State—
(1) on the terrorist threat that exists in each country; and
(2) to establish which foreign airports are not under the de facto
control of the government of the foreign country in which they are lo-
cated and pose a high risk of introducing danger to international air
travel.
(c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of Trans-
portation, after conducting an assessment under subsection (a) of this sec-
tion, decides that an airport does not maintain and carry out effective secu-
rity measures, the Secretary of Transportation, after advising the Secretary
of State, shall notify the appropriate authorities of the government of the
foreign country of the decision and recommend the steps necessary to bring
the security measures in use at the airport up to the standard used by the
Secretary of Transportation in making the assessment.
(d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING OUT
EFFECTIVE SECURITY MEASURES.—(1) When the Secretary of Transpor-
tation decides under this section that an airport does not maintain and
carry out effective security measures—
(A) the Secretary of Transportation shall—
(i) publish the identity of the airport in the Federal Register;
(ii) have the identity of the airport posted and displayed promi-
nently at all United States airports at which scheduled air carrier
operations are provided regularly; and
(iii) notify the news media of the identity of the airport;
(B) each air carrier and foreign air carrier providing transportation
between the United States and the airport shall provide written notice
of the decision, on or with the ticket, to each passenger buying a ticket
for transportation between the United States and the airport;
565
(C) notwithstanding section 40105(b) of this title, the Secretary of
Transportation, after consulting with the appropriate aeronautic au-
thorities of the foreign country concerned and each air carrier serving
the airport and with the approval of the Secretary of State, may with-
hold, revoke, 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 carrier
from providing transportation between the United States and any other
foreign airport that is served by aircraft flying to or from the airport
with respect to which a decision is made under this section.
(2)(A) Paragraph (1) of this subsection becomes effective—
(i) 90 days after the government of a foreign country is notified
under subsection (c) of this section if the Secretary of Transportation
finds that the government has not brought the security measures at the
airport up to the standard the Secretary used in making an assessment
under subsection (a) of this section; or
(ii) immediately on the decision of the Secretary of Transportation
under subsection (c) of this section if the Secretary of Transportation
decides, after consulting with the Secretary of State, that a condition
exists that threatens the safety or security of passengers, aircraft, or
crew traveling to or from the airport.
(B) The Secretary of Transportation immediately shall notify the Sec-
retary of State of a decision under subparagraph (A)(ii) of this paragraph
so that the Secretary of State may issue a travel advisory required under
section 44908(a) of this title.
(3) The Secretary of Transportation promptly shall submit to Congress
a report (and classified annex if necessary) on action taken under paragraph
(1) or (2) of this subsection, including information on attempts made to ob-
tain the cooperation of the government of a foreign country in meeting the
standard the Secretary used in assessing the airport under subsection (a)
of this section.
(4) An action required under paragraph (1)(A) and (B) of this subsection
is no longer required only if the Secretary of Transportation, in consultation
with the Secretary of State, decides that effective security measures are
maintained and carried out at the airport. The Secretary of Transportation
shall notify Congress when the action is no longer required to be taken.
(e) SUSPENSIONS.—Notwithstanding sections 40105(b) and 40106(b) of
this title, the Secretary of Transportation, with the approval of the Sec-
retary of State and without notice or a hearing, shall suspend the right of
an air carrier or foreign air carrier to provide foreign air transportation,
566
and the right of a person to operate aircraft in foreign air commerce, to
or from a foreign airport when the Secretary of Transportation decides
that—
(1) a condition exists that threatens the safety or security of 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 to
authority the Secretary of Transportation grants under this part to an air
carrier or foreign air carrier.
§ 44908. Travel advisory and suspension of foreign assist-
ance
(a) TRAVEL ADVISORIES.—On being notified by the Secretary of Trans-
portation that the Secretary of Transportation has decided under section
44907(d)(2)(A)(ii) of this title that a condition exists that threatens the
safety or security of passengers, aircraft, or crew traveling to or from a for-
eign airport that the Secretary of Transportation has decided under section
44907 of this title does not maintain and carry out effective security meas-
ures, the Secretary of State—
(1) immediately shall issue a travel advisory for that airport;
(2) shall publish the advisory in the Federal Register; and
(3) shall publicize the advisory widely.
(b) SUSPENDING ASSISTANCE.—The President shall suspend assistance
provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in
which is located an airport with 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 be-
cause 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 of Transportation has made
a decision as provided under section 44907(d)(4) of this title. The Secretary
shall notify Congress when the action is no longer required to be taken.
§ 44909. Passenger manifests
(a) AIR CARRIER REQUIREMENTS.—(1) Not later than March 16, 1991,
the Secretary of Transportation shall require each air carrier to provide a
passenger manifest for a flight to an appropriate representative of the Sec-
retary of State—
(A) not later than one hour after that carrier is notified of an avia-
tion disaster outside the United States involving that flight; or
567
(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 shall 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 pas-
senger manifest information as a condition for passengers boarding a flight
of the carrier.
(b) FOREIGN AIR CARRIER REQUIREMENTS.—The Secretary of Transpor-
tation shall consider imposing a requirement on foreign air carriers com-
parable to that imposed on air carriers under subsection (a)(1) and (2) of
this section.
§ 44910. Agreements on aircraft sabotage, aircraft hijacking,
and airport security
The Secretary of State shall seek multilateral and bilateral agreement on
strengthening enforcement measures and standards for compliance related
to aircraft sabotage, aircraft hijacking, and airport security.
§ 44911. Intelligence
(a) DEFINITION.—In this section, ‘‘intelligence community’’ means the in-
telligence 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 proce-
dures to ensure that intelligence reports about international terrorism are
made available, as appropriate, to the heads of other units in the intel-
ligence community, the Secretary of Transportation, and the Administrator
of the Federal Aviation Administration.
568
(c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads of the
units in the intelligence community shall consider placing greater emphasis
on strategic intelligence efforts by establishing a unit for strategic planning
on terrorism.
(d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request of the
Secretary, the Director of Central Intelligence shall designate at least one
intelligence officer of the Central Intelligence Agency to serve in a senior
position in the Office of the Secretary.
(e) WRITTEN WORKING AGREEMENTS.—The heads of units in the intel-
ligence community, the Secretary, and the Administrator shall review and,
as appropriate, revise written working agreements between the intelligence
community and the Administrator.
§ 44912. Research and development
(a) PROGRAM REQUIREMENT.—(1) The Administrator of the Federal
Aviation Administration shall establish and carry out a program to acceler-
ate and expand the research, development, and implementation of tech-
nologies and procedures to counteract terrorist acts against civil aviation.
The program shall provide for developing and having in place, not later than
November 16, 1993, new equipment and procedures necessary to meet the
technological challenges presented by terrorism. The program shall include
research on, and development of, technological improvements and ways to
enhance human performance.
(2) In designing and carrying out the program established under this sub-
section, the Administrator shall—
(A) consult and coordinate activities with other departments, agen-
cies, 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
Administrator shall review and consider the annual reports the Secretary of
Transportation submits to Congress on transportation security and intel-
ligence.
(4) The Administrator may—
(A) make grants to institutions of higher learning and other appro-
priate 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
569
(B) make cooperative agreements with governmental authorities the
Administrator decides are appropriate.
(b) REVIEW OF THREATS.—(1) The Administrator shall complete an in-
tensive review of threats to civil aviation, with particular focus on—
(A) explosive material that presents the most significant threat to
civil aircraft;
(B) the minimum amounts, configurations, and types of explosive
material that can cause, or would reasonably be expected to cause, cat-
astrophic damage to commercial aircraft in service and expected to be
in service in the 10-year period beginning on November, 16, 1990;
(C) the amounts, configurations, and types of explosive material that
can be detected reliably by existing, or reasonably anticipated, near-
term explosive detection technologies;
(D) the feasibility of using various ways to minimize damage caused
by explosive material that cannot be detected reliably by existing, or
reasonably anticipated, near-term explosive detection technologies;
(E) the ability to screen passengers, carry-on baggage, checked bag-
gage, and cargo; and
(F) 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 Administrator shall use the results of the review under this sub-
section to develop the focus and priorities of the program established under
subsection (a) of this section.
(c) SCIENTIFIC ADVISORY PANEL.—The Administrator shall establish a
scientific advisory panel, as a subcommittee of the Research, Engineering
and Development Advisory Committee, to review, comment on, advise on 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
by the next generation of terrorist weapons. The panel shall consist of indi-
viduals with scientific and technical expertise in—
(1) the development and testing of effective explosive detection sys-
tems;
(2) aircraft structure and experimentation to decide on the type and
minimum weights of explosives that an effective technology must be ca-
pable of detecting;
(3) technologies involved in minimizing airframe damage to aircraft
from explosives; and
(4) other scientific and technical areas the Administrator considers
appropriate.
570
§ 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 re-
quired only if the Administrator of the Federal Aviation Administration cer-
tifies that the equipment alone, or as part of an integrated system, can de-
tect under realistic air carrier operating conditions the amounts, configura-
tions, and types of explosive material that would likely be used to cause cat-
astrophic 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 Administration. Those tests
shall be completed not later than April 16, 1992.
(2) Before completion of the tests described in paragraph (1) of this sub-
section, but not later than April 16, 1992, the Administrator may require
deployment of explosive detection equipment described in paragraph (1) if
the Administrator decides that deployment will enhance aviation security
significantly. In making that decision, the Administrator shall consider fac-
tors 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 Adminis-
trator shall notify the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Public Works and Transpor-
tation of the House of Representatives of a deployment decision made under
this paragraph.
(3) This subsection does not prohibit the Administrator from purchasing
or deploying explosive detection equipment described in paragraph (1) of
this subsection.
(b) GRANTS.—The Secretary of Transportation may provide grants to
continue the Explosive Detection K-9 Team Training Program to detect ex-
plosives at airports and on aircraft.
§ 44914. Airport construction guidelines
In consultation with air carriers, airport authorities, and others the Ad-
ministrator of the Federal Aviation Administration considers appropriate,
the Administrator shall develop guidelines for airport design and construc-
tion to allow for maximum security enhancement. In developing the guide-
lines, the Administrator shall consider the results of the assessment carried
out under section 44904(a) of this title.