599 
port shall include, for the year covered by the report, information 
on— 
(i) progress made in engineering, research, and develop-
ment with respect to security technology; 
(ii) the allocation of funds for engineering, research, and 
development with respect to security technology; and 
(iii) engineering, research, and development with respect to 
technologies drawn from other agencies, including the ration-
ale for engineering, research, and development with respect to 
the technologies. 
(5) GRANTS.—The Administrator may— 
(A) make grants to institutions of higher learning and other ap-
propriate research facilities with demonstrated ability to carry out 
research described in paragraph (1), and fix the amounts and 
terms of the grants; and 
(B) make cooperative agreements with governmental authorities 
the Administrator decides are appropriate. 
(b) REVIEW OF THREATS.— 
(1) IN
GENERAL.—The Administrator periodically shall review 
threats to civil aviation, with particular focus on— 
(A) a comprehensive systems analysis (employing vulnerability 
analysis, threat attribute definition, and technology roadmaps) of 
the civil aviation system, including— 
(i) the destruction, commandeering, or diversion of civil air-
craft or the use of civil aircraft as a weapon; and 
(ii) the disruption of civil aviation service, including by 
cyberattack; 
(B) explosive material that presents the most significant threat 
to civil aircraft; 
(C) the minimum amounts, configurations, and types of explo-
sive material that can cause, or would reasonably be expected to 
cause, catastrophic damage to aircraft in air transportation; 
(D) the amounts, configurations, and types of explosive material 
that can be detected reliably by existing, or reasonably anticipated, 
near-term explosive detection technologies; 
(E) the potential release of chemical, biological, or similar weap-
ons or devices either within an aircraft or within an airport; 
(F) 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; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00599
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
600 
(G) the ability to screen passengers, carry-on baggage, checked 
baggage, and cargo; and 
(H) the technologies that might be used in the future to at-
tempt to destroy or otherwise threaten commercial aircraft and the 
way in which those technologies can be countered effectively. 
(2) PROGRAM FOCUS AND PRIORITIES.—The Administrator shall use 
the results of the review under this subsection to develop the focus and 
priorities of the program established under subsection (a). 
(c) SCIENTIFIC ADVISORY PANEL.— 
(1) ESTABLISHMENT.—The Administrator shall establish a scientific 
advisory panel, as a subcommittee of the Research, Engineering, and 
Development Advisory Committee, to review, comment on, advise the 
progress of, and recommend modifications in, the program established 
under subsection (a), including the need for long-range research pro-
grams to detect and prevent catastrophic damage to commercial air-
craft, commercial aviation facilities, commercial aviation personnel and 
passengers, and other components of the commercial aviation system 
by the next generation of terrorist weapons. 
(2) PANEL MEMBERS.— 
(A) QUALIFICATIONS.—The advisory panel shall consist of indi-
viduals who have scientific and technical expertise in— 
(i) the development and testing of effective explosive detec-
tion systems; 
(ii) aircraft structure and experimentation to decide on the 
type and minimum weights of explosives that an effective ex-
plosive detection technology must be capable of detecting; 
(iii) technologies involved in minimizing airframe damage 
to aircraft from explosives; and 
(iv) other scientific and technical areas the Administrator 
considers appropriate. 
(B) CONSIDERATIONS.—In appointing individuals to the advi-
sory panel, the Administrator should consider individuals from 
academia and the national laboratories, as appropriate. 
(3) ORGANIZATION AS TEAMS.—The Administrator shall organize the 
advisory panel into teams capable of undertaking the review of policies 
and technologies upon request. 
(4) BIENNIAL REVIEW.—The Administrator shall review the com-
position of the advisory panel every 2 years to ensure that the expertise 
of the individuals on the panel is suited to the current and anticipated 
duties of the panel. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00600
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
601 
§ 40923. Explosive detection 
(a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.— 
(1) IN GENERAL.—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 required only if the Ad-
ministrator certifies that the equipment alone, or as part of an inte-
grated system, can detect under realistic air carrier operating condi-
tions the amounts, configurations, and types of explosive material that 
would likely be used to cause catastrophic damage to commercial air-
craft. The Administrator shall base the certification on the results of 
tests conducted under protocols developed in consultation with expert 
scientists outside of the Transportation Security Administration. 
(2) FACILITATING
DEPLOYMENT.—Until the Administrator deter-
mines that equipment certified under paragraph (1) is commercially 
available and has successfully completed operational testing as provided 
in paragraph (1), the Administrator shall facilitate the deployment of 
approved commercially available explosive detection devices the Admin-
istrator determines will enhance aviation security significantly. The Ad-
ministrator shall require that equipment deployed under this paragraph 
be replaced by equipment certified under paragraph (1) when equip-
ment certified under paragraph (1) becomes commercially available. 
The Administrator, based on operational considerations at individual 
airports, may waive the required installation of commercially available 
equipment under paragraph (1) in the interests of aviation security. 
The Administrator may permit the requirements of this paragraph to 
be met at airports by the deployment of dogs or other appropriate ani-
mals to supplement equipment for screening passengers, baggage, mail, 
or cargo for explosives or weapons. 
(3) PURCHASES BY ADMINISTRATOR.—This subsection does not pro-
hibit the Administrator from purchasing or deploying explosive detec-
tion equipment described in paragraph (1). 
(b) GRANTS.—The Administrator may provide grants to continue the Ex-
plosive Detection K-9 Team Training Program to detect explosives at air-
ports and on aircraft. 
§ 40924. Airport construction guidelines 
In consultation with air carriers, airport authorities, and others the Ad-
ministrator considers appropriate, the Administrator shall develop guidelines 
for airport design and construction to allow for maximum security enhance-
ment. In developing the guidelines, the Administrator shall consider the re-
sults of the assessment carried out under section 40914(a) of this title. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00601
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
602 
§ 40925. Alaska exemptions 
The Administrator may exempt from sections 40911, 40913(a) through 
(c) and (e), 40916, 40953, and 40954 of this title airports in Alaska served 
only by air carriers that— 
(1) hold certificates issued under section 41102 of title 49; 
(2) operate aircraft with certificates for a maximum gross takeoff 
weight of less than 12,500 pounds; and 
(3) board passengers, or load property intended to be carried in an 
aircraft cabin, that will be screened under section 40911 of this title 
at another airport in Alaska before the passengers board, or the prop-
erty is loaded on, an aircraft for a place outside Alaska. 
§ 40926. Assessments and evaluations 
(a) PERIODIC ASSESSMENTS.—The Administrator shall require each air 
carrier and airport (including the airport owner or operator in cooperation 
with the air carriers and vendors serving each airport) that provides for 
intrastate, interstate, or foreign air transportation to conduct periodic vul-
nerability assessments of the security systems of that air carrier or airport, 
respectively. The Transportation Security Administration shall perform peri-
odic audits of the assessments. 
(b) INVESTIGATIONS.—The Administrator shall conduct periodic and un-
announced inspections of security systems of airports and air carriers to de-
termine the effectiveness and vulnerabilities of the systems. To the extent 
allowable by law, the Administrator may provide for anonymous tests of 
those security systems. 
§ 40927. Federal air marshals and training of law enforce-
ment personnel 
(a) IN GENERAL.—The Administrator under the authority provided by 
section 40913(d) of this title— 
(1) may provide for deployment of Federal air marshals on every 
passenger flight of air carriers in air transportation or intrastate air 
transportation; 
(2) shall provide for deployment of Federal air marshals on every 
flight determined by the Secretary to present high security risks; 
(3) shall provide for appropriate training, supervision, and equip-
ment of Federal air marshals; 
(4) shall require air carriers providing flights described in paragraph 
(1) to provide seating for a Federal air marshal on the flight without 
regard to the availability of seats on the flight and at no cost to the 
United States Government or the marshal; 
(5) may require air carriers to provide, on a space-available basis, 
to an off-duty Federal air marshal a seat on a flight to the airport 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00602
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS