574 
(B) DURATION OF EXTENSIONS.—The Administrator 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 60 days after the date on 
which the Administrator issues any extension under paragraph 
(3), the Administrator shall submit to the appropriate congres-
sional committees a report on the implementation of this sub-
section. 
(B) ELEMENTS.—A report submitted under subparagraph (A) 
shall include the following: 
(i) A description of all matters the Administrator considers 
relevant to the implementation of the requirements of this 
subsection. 
(ii) The status of compliance by the Transportation Secu-
rity Administration with the requirements. 
(iii) If the Transportation Security Administration is not in 
full compliance with the requirements— 
(I) the reasons for the noncompliance; and 
(II) a timeline depicting when the Administrator ex-
pects the Transportation Security Administration to 
achieve full compliance. 
(C) SECURITY CLASSIFICATION.—To the greatest extent prac-
ticable, a report prepared under subparagraph (A) shall be sub-
mitted in an unclassified format. If necessary, the report may in-
clude a classified annex. 
§ 40912. Refusal to transport passengers and property 
(a) MANDATORY REFUSAL.—The Administrator shall prescribe regula-
tions 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 
40911(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, inim-
ical to safety. 
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(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. 
§ 40913. Air transportation security 
(a) DEFINITION OF LAW ENFORCEMENT PERSONNEL.—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 Secretary 
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) IN
GENERAL.—The Administrator shall prescribe regulations 
under subsection (b) 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 regu-
lations shall authorize the operator to use the services of qualified 
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State, local, and private law enforcement personnel. When the Adminis-
trator decides, after being notified by an operator in the form the Ad-
ministrator prescribes, that not enough qualified State, local, and pri-
vate law enforcement personnel are available to carry out subsection 
(b), the Administrator may authorize the operator to use, on a reim-
bursable basis, personnel employed by the 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 Administrator 
shall consider the number of passengers boarded at the airport, the ex-
tent of anticipated risk of criminal violence or aircraft piracy at the air-
port 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) INCLUSION OF AIRPORT TENANT SECURITY PROGRAM.— 
(A) IN GENERAL.—The Administrator may approve a security 
program of an airport operator, or an amendment to an existing 
program, that incorporates a security program of an airport ten-
ant (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 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 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 Regula-
tions, 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) OPERATOR NOT IN VIOLATION.—If the Administrator ap-
proves a program or amendment described in subparagraph (A) of 
this paragraph, the airport operator may not be found to be in vio-
lation of a requirement of this subsection or subsection (b) when 
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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 pro-
gram by the tenant. 
(C) MAXIMUM USE OF CHEMICAL AND BIOLOGICAL WEAPON DE-
TECTION EQUIPMENT.—The Administrator 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 pro-
grams 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. The technology 
may include biometric or other technology that ensures only authorized 
access to secure areas. 
(d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE AR-
RESTS.—With the approval of the Attorney General and the Secretary of 
State, the Secretary may authorize an individual who carries out air trans-
portation 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 fel-
ony 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 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 title 49 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. 
(f) GOVERNMENT AND INDUSTRY CONSORTIA.—The Administrator may 
establish at airports consortia of government and aviation industry rep-
resentatives to provide advice on matters related to aviation security and 
safety. The 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) EMPLOYEE SANCTIONS.— 
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