H. R. 1758—463
the aircraft. When requested by the Administrator, other depart-
ments, 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 transportation 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 Director 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 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 consider-
ation of—
(1) the adequacy of security procedures related to the han-
dling and transportation of checked baggage and cargo;
(2) space requirements for security personnel and equip-
ment;
(3) separation of screened and unscreened passengers, bag-
gage, and cargo;
(4) separation of the controlled and uncontrolled areas of
airport facilities; and
(5) coordination of the activities of security personnel of
the Administration, 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 nec-
essary actions to improve domestic air transportation security by
correcting any deficiencies in that security discovered in the assess-
ments, analyses, and monitoring carried out under this section.
§ 44905. Information about threats to civil aviation
(a) PROVIDING INFORMATION.—Under guidelines the Secretary
of Transportation prescribes, 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 Secretary.
(b) FLIGHT CANCELLATION.—If a decision is made that a particu-
lar threat cannot be addressed in a way adequate to ensure, to
the extent feasible, the safety of passengers and crew of a particular
flight or series of flights, the Administrator of the Federal Aviation
Administration shall cancel 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 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 public;
H. R. 1758—464
(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 subsection (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
develop 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 departments, 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 individuals who have access to informa-
tion about threats. However, a restriction on access to that informa-
tion may be imposed only if the restriction does not diminish
the ability of the Government to carry out its duties and powers
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 offi-
cials of the Department of Transportation, the Department of State,
the Department of Justice, 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 Regulations, 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 Administrator decides the
security program provides passengers of the foreign air carrier
a level of protection similar to the level those passengers would
receive 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.
H. R. 1758—465
§ 44907. Security standards at foreign airports
(a) ASSESSMENT.—(1) At intervals the Secretary of Transpor-
tation considers necessary, the Secretary shall assess the effective-
ness 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
international air travel; and
(B) other foreign airports the Secretary considers appro-
priate.
(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 the foreign airport for which the Secretary
is conducting the assessment;
(B) to establish the extent to which a foreign airport effec-
tively 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) Each report to Congress required under section 44938(b)
of this title shall contain a summary of the assessments conducted
under this subsection.
(b) CONSULTATION.—In carrying out subsection (a) of this sec-
tion, the Secretary of Transportation shall consult with the Sec-
retary 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 located and pose a high risk of introducing
danger to international air travel.
(c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of
Transportation, after conducting an assessment under subsection
(a) of this section, decides that an airport does not maintain and
carry out effective security measures, the Secretary of Transpor-
tation, after advising the Secretary of State, shall notify the appro-
priate 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
Transportation 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
prominently at all United States airports at which sched-
uled air carrier operations are provided regularly; and
(iii) notify the news media of the identity of the airport;
H. R. 1758—466
(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;
(C) notwithstanding section 40105(b) of this title, the Sec-
retary of Transportation, 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, revoke, or prescribe
conditions on the operating authority of an air carrier or foreign
air carrier that uses that airport to provide foreign air transpor-
tation; 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 Sec-
retary of Transportation decides, after consulting with the Sec-
retary 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 Secretary 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 obtain the cooperation of the
government of a foreign country in meeting the standard the Sec-
retary 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 Transpor-
tation, 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 Secretary 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, 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—
H. R. 1758—467
(1) a condition exists that threatens the safety or security
of passengers, aircraft, or crew traveling to or from that airport;
and
(2) the public interest requires an immediate suspension
of transportation between the United States and that airport.
(f) CONDITION OF CARRIER AUTHORITY.—This section is a condi-
tion 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 assistance
(a) TRAVEL ADVISORIES.—On being notified by the Secretary
of Transportation 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 foreign airport that the Secretary
of Transportation has decided under section 44907 of this title
does not maintain and carry out effective security measures, the
Secretary of State—
(1) immediately shall issue a travel advisory for that air-
port;
(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 because of national security interests or a humanitarian
emergency.
(c) ACTIONS NO LONGER REQUIRED.—An action required under
this section is no longer required only if the Secretary of Transpor-
tation 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 Secretary of State—
(A) not later than one 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 possible, but not later than 3 hours after the carrier is
so notified.
(2) The passenger manifest shall include the following informa-
tion:
(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.
H. R. 1758—468
(3) In carrying out this subsection, the Secretary of Transpor-
tation 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 of
Transportation shall consider imposing a requirement on foreign
air carriers comparable to that imposed on air carriers under sub-
section (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 intelligence and intelligence-related activities of the fol-
lowing 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 procedures to ensure that intelligence reports about
international terrorism are made available, as appropriate, to the
heads of other units in the intelligence community, the Secretary
of Transportation, and the Administrator of the Federal Aviation
Administration.
(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 intelligence 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 Fed-
eral Aviation Administration shall establish and carry out a pro-
gram to accelerate and expand the research, development, and
implementation of technologies and procedures to counteract terror-
ist acts against civil aviation. The program shall provide for develop-
ing and having in place, not later than November 16, 1993, new
H. R. 1758—469
equipment and procedures necessary to meet the technological chal-
lenges 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 subsection, the Administrator shall—
(A) consult and coordinate activities with other depart-
ments, 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,
agencies, and instrumentalities.
(3) In carrying out the program established under this sub-
section, the Administrator shall review and consider the annual
reports the Secretary of Transportation submits to Congress on
transportation security and intelligence.
(4) The Administrator may—
(A) make grants to institutions of higher learning and
other appropriate research facilities with demonstrated ability
to carry out research described in paragraph (1) of this sub-
section, 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) The Administrator shall complete
an intensive 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, catastrophic 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 dam-
age caused by explosive material that cannot be detected reli-
ably by existing, or reasonably anticipated, near-term explosive
detection technologies;
(E) the ability to screen passengers, carry-on baggage,
checked baggage, 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 subsection 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
H. R. 1758—470
by the next generation of terrorist weapons. The panel shall consist
of individuals with scientific and technical expertise in—
(1) the development and testing of effective explosive detec-
tion systems;
(2) aircraft structure and experimentation to decide on
the type and minimum weights of explosives that an effective
technology must be capable of detecting;
(3) technologies involved in minimizing airframe damage
to aircraft from explosives; and
(4) other scientific and technical areas the Administrator
considers appropriate.
§ 44913. Explosive detection
(a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.—(1) A deploy-
ment 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 Administrator of the Fed-
eral Aviation Administration certifies that the equipment alone,
or as part of an integrated system, can 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 Administrator shall base the
certification on the results of tests conducted under protocols devel-
oped in consultation with expert scientists outside of the Adminis-
tration. Those tests shall be completed not later than April 16,
1992.
(2) Before completion of the tests described in paragraph (1)
of this subsection, but not later than April 16, 1992, the Adminis-
trator may require deployment of explosive detection equipment
described in paragraph (1) if the Administrator decides that deploy-
ment will enhance aviation security significantly. In making that
decision, the Administrator shall consider factors 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
Administrator shall notify the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Public
Works and Transportation 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 explosives at airports and on aircraft.
§ 44914. Airport construction guidelines
In consultation with air carriers, airport authorities, and others
the Administrator of the Federal Aviation Administration 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 results of the assessment carried out under section 44904(a)
of this title.
H. R. 1758—471
§ 44915. Exemptions
The Administrator of the Federal Aviation Administration may
exempt from sections 44901, 44903(a)–(c) and (e), 44906, 44935,
and 44936 of this title airports in Alaska served only by air carriers
that—
(1) hold certificates issued under section 41102 of this
title;
(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 car-
ried in an aircraft cabin, that will be screened under section
44901 of this title at another airport in Alaska before the
passengers board, or the property is loaded on, an aircraft
for a place outside Alaska.
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL
§ 44931. Director of Intelligence and Security
(a) ORGANIZATION.—There is in the Office of the Secretary
of Transportation a Director of Intelligence and Security. The Direc-
tor reports directly to the Secretary.
(b) DUTIES AND POWERS.—The Director shall—
(1) receive, assess, and distribute intelligence information
related to long-term transportation security;
(2) develop policies, strategies, and plans for dealing with
threats to transportation security;
(3) make other plans related to transportation security,
including coordinating countermeasures with appropriate
departments, agencies, and instrumentalities of the United
States Government;
(4) serve as the primary liaison of the Secretary to the
intelligence and law enforcement communities; and
(5) carry out other duties and powers the Secretary decides
are necessary to ensure, to the extent possible, the security
of the traveling public.
§ 44932. Assistant Administrator for Civil Aviation Security
(a) ORGANIZATION.—There is an Assistant Administrator for
Civil Aviation Security. The Assistant Administrator reports
directly to the Administrator of the Federal Aviation Administration
and is subject to the authority of the Administrator.
(b) DUTIES AND POWERS.—The Assistant Administrator shall—
(1) on a day-to-day basis, manage and provide operational
guidance to the field security resources of the Administration,
including Federal Security Managers as provided by section
44933 of this title;
(2) enforce security-related requirements;
(3) identify the research and development requirements
of security-related activities;
(4) inspect security systems;
(5) report information to the Director of Intelligence and
Security that may be necessary to allow the Director to carry
out assigned duties and powers;
(6) assess threats to civil aviation; and
(7) carry out other duties and powers the Administrator
considers appropriate.