586 
‘‘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 
Administrator in coordination with the Secretary of Transpor-
tation and the Administrator of the Federal Aviation Administra-
tion, shall ensure that individuals are screened against all appro-
priate records in the consolidated and integrated terrorist 
watchlist maintained by the Federal Government before— 
(i) being certificated by the Federal Aviation Administra-
tion; 
(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 a successor regulation to that section) of an 
airport. 
(E) 
AIRCRAFT
CHARTER
CUSTOMER
AND
LESSEE 
PRESCREENING.— 
(i) ESTABLISHMENT.—The Administrator shall establish a 
process by which operators of aircraft to be used in charter 
air transportation with a maximum takeoff weight greater 
than 12,500 pounds and lessors of aircraft with a maximum 
takeoff weight greater than 12,500 pounds may— 
(I) request the Department to use the advanced pas-
senger prescreening system to compare information 
about an individual seeking to charter an aircraft with 
a maximum takeoff weight greater than 12,500 pounds, 
a passenger proposed to be transported aboard the air-
craft, and an 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 ap-
propriate records in the consolidated and integrated ter-
rorist watchlist maintained by the Federal Government; 
and 
(II) refuse to charter or lease an aircraft with a max-
imum takeoff weight greater than 12,500 pounds to or 
transport aboard the aircraft persons identified on the 
watch list. 
(ii) APPLICABILITY.—The requirements of subparagraph 
(C)(iii) apply to this subparagraph. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00586
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
587 
(iii) DESIGN AND REVIEW OF GUIDELINES, POLICIES, AND 
OPERATING PROCEDURES.—The Administrator, in consulta-
tion with the Terrorist Screening Center, shall design and re-
view, as necessary, guidelines, policies, and operating proce-
dures for the collection, removal, and updating of data main-
tained, or to be maintained, in the no fly and automatic se-
lectee lists. 
(F) APPLICABILITY.—Section 607 of the Vision 100—Century 
of Aviation Reauthorization Act (Public Law 108–176, 117 Stat. 
2568) does not apply to the advanced passenger prescreening sys-
tem established under subparagraph (C). 
(G) APPEAL PROCEDURES.— 
(i) ESTABLISHMENT.—The 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 ap-
peal to the Transportation Security Administration the deter-
mination and correct erroneous information. 
(ii) MAINTENANCE OF RECORD OF MISIDENTIFIED INDIVID-
UALS.—The process shall include the establishment of a 
method by which the 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 Adminis-
trator to authenticate the identity of such a passenger or in-
dividual. 
(k) LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL VIO-
LENCE OR AIRCRAFT PIRACY.—An individual is not liable for damages in 
an action brought in a Federal or State court arising out of the acts of the 
individual in attempting to thwart an act of criminal violence or piracy on 
an aircraft if that individual reasonably believed that an act of criminal vio-
lence or piracy was occurring or was about to occur. 
(l) AIR CHARTER PROGRAM.— 
(1) IN GENERAL.—The Secretary shall implement an aviation secu-
rity program for charter air carriers with a maximum certificated take-
off weight of more than 12,500 pounds. 
(2) EXEMPTION FOR ARMED FORCES CHARTERS.— 
(A) DEFINITION OF ARMED FORCES.—In this paragraph, the 
term ‘‘armed forces’’ has the meaning given the term in section 
101(a)(4) of title 10. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00587
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
588 
(B) 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. 
(C) SECURITY
PROCEDURES.—The Secretary of Defense, in 
consultation with the Secretary and the Secretary of Transpor-
tation, 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 
subsection (c). 
(m) SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES.— 
(1) IN GENERAL.—The Administrator, in consultation with the De-
partment of Defense, shall develop and implement a plan to provide ex-
pedited security screening services for a member of the armed forces, 
and, to the extent possible, an accompanying family member, if the 
member of the armed forces, while in uniform, presents documentation 
indicating official orders for air transportation departing from a pri-
mary airport (as defined in section 47102 of title 49). 
(2) PROTOCOLS.—In developing the plan, the Administrator shall 
consider— 
(A) leveraging existing security screening models used to reduce 
passenger wait times; 
(B) establishing standard guidelines for the screening of mili-
tary uniform items, including combat boots; and 
(C) incorporating new screening protocols into an existing trust-
ed passenger program, as established under section 109(a)(3) of 
the Aviation and Transportation Security Act (Public Law 107– 
71, 115 Stat. 613), or into the development of a new credential 
or system that incorporates biometric technology and other appli-
cable technologies to verify the identity of individuals traveling in 
air transportation. 
(3) RULE OF CONSTRUCTION.—Nothing in this subsection affects the 
authority of the Administrator to require additional screening of a 
member of the armed forces if intelligence or law enforcement informa-
tion indicates that additional screening is necessary. 
(4) REPORT.—The Administrator shall submit to the appropriate 
committees of Congress a report on the implementation of the plan. 
(n) PASSENGER EXIT POINTS FROM STERILE AREA.— 
(1) DEFINITION OF STERILE AREA.—In this subsection, the term 
‘‘sterile area’’ has the meaning given the term in section 1540.5 of title 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00588
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
589 
49, Code of Federal Regulations or any corresponding similar regula-
tion or ruling. 
(2) IN GENERAL.—The Secretary shall ensure that the Transpor-
tation Security Administration is responsible for monitoring passenger 
exit points from the sterile area of airports at which the Transportation 
Security Administration provided the monitoring as of December 1, 
2013. 
§ 40914. Domestic air transportation system security 
(a) ASSESSING THREATS.—The Administrator 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 in-
clude consideration of the extent to which there are individuals with the ca-
pability 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 Director jointly shall decide on and carry 
out the most effective method for continuous analysis and monitoring of se-
curity threats to that system. 
(b) ASSESSING SECURITY.—In coordination with the Director of the Fed-
eral Bureau of Investigation, the Administrator 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 fa-
cilities; and 
(5) coordination of the activities of security personnel of the Trans-
portation Security Administration, U.S. Customs and Border Protec-
tion, U.S. Immigration and Customs Enforcement, and air carriers, 
and of other law enforcement personnel. 
(c) MODAL SECURITY PLAN FOR AVIATION.—In addition to the require-
ments set forth in paragraphs (2) through (6) of section 11314(c) of this 
title, the modal security plan for aviation prepared under section 11314 
shall— 
(1) establish a damage mitigation and recovery plan for the aviation 
system in the event of a terrorist attack; and 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00589
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS