Air Transportation Security

§ 44903

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section

Source (U.S. Code)

44902(a) ......

49 App.:1511(a) (1st
sentence).

44902(b) ......

49 App.:1511(a) (last
sentence).
49 App.:1511(b).

44902(c) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1111; added
Sept. 5, 1961, Pub. L.
87–197, § 4, 75 Stat. 467; restated Aug. 5, 1974, Pub. L.
93–366, § 204, 88 Stat. 418.

In this section, the word ‘‘passenger’’ is substituted
for ‘‘person’’ for consistency in the revised title.
In subsection (a)(1), the words ‘‘of his person’’ are
omitted as surplus.
In subsection (a)(2), the words ‘‘or inspection’’ are
omitted as surplus.
In subsection (b), the words ‘‘reasonable’’ and ‘‘also’’
are omitted as surplus. The word ‘‘rules’’ is omitted as
being synonymous with ‘‘regulations’’. The words ‘‘the
carrier decides is’’ are substituted for ‘‘when, in the
opinion of the carrier, such transportation would’’ to
eliminate unnecessary words. The words ‘‘of flight’’ are
omitted as surplus.
In subsection (c), the words ‘‘for compensation or
hire’’ are omitted because of the definitions of ‘‘air
transportation’’ and ‘‘intrastate air transportation’’ in
section 40102(a) of the revised title. The word ‘‘inspect’’
is omitted as surplus.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71 substituted ‘‘Under
Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’ in introductory provisions.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44903. Air transportation security
(a) DEFINITION.—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 Under Secretary of Transportation for Security considers necessary to
carry out this section; and
(3) identifiable by appropriate indicia of authority.
(b) PROTECTION
RACY.—The Under

AGAINST VIOLENCE AND PISecretary 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
Under Secretary shall—
(1) consult with the Secretary of Transportation, the Attorney General, the heads of
other departments, agencies, and instrumentalities of the United States Government, and
State and local authorities;

Page 950

(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 Under Secretary shall prescribe regulations 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 program that provides a law enforcement presence and capability at each of
those airports that is adequate to ensure the
safety of passengers. The regulations shall authorize the operator to use the services of qualified State, local, and private law enforcement
personnel. When the Under Secretary decides,
after being notified by an operator in the form
the Under Secretary prescribes, that not enough
qualified State, local, and private law enforcement personnel are available to carry out subsection (b), the Under Secretary may authorize
the operator to use, on a reimbursable basis,
personnel employed by the Under Secretary, 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
Under Secretary 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 availability of qualified State or local law enforcement personnel at the airport.
(2)(A) The Under Secretary may approve a security program of an airport operator, or an
amendment in an existing program, that incorporates a security program of an airport tenant
(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 incorporates—
(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
Under Secretary on the airport operator under
the access control system requirements of section 107.14 of title 14, Code of Federal 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

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TITLE 49—TRANSPORTATION

with the security requirements 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 provision or requirement imposed by the airport operator.
(B) If the Under Secretary 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.
(C) MAXIMUM USE OF CHEMICAL AND BIOLOGICAL
WEAPON DETECTION EQUIPMENT.—The Secretary
of Transportation 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 programs 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. Such technology may include biometric or other technology that ensures only authorized access to secure areas.
(d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE ARRESTS.—With the approval of
the Attorney General and the Secretary of
State, the Secretary of Transportation may authorize an individual who carries out air transportation 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 felony under the laws of the United States, if the
individual reasonably believes the individual
to be arrested has committed or is committing
a felony.
EXCLUSIVE RESPONSIBILITY OVER PASSAFETY.—The Under Secretary 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 Under Secretary, other departments,
agencies, and instrumentalities of the Government shall provide assistance necessary to carry
out this subsection.
(f) GOVERNMENT AND INDUSTRY CONSORTIA.—
The Under Secretary may establish at airports
such consortia of government and aviation industry representatives as the Under Secretary
may designate to provide advice on matters related to aviation security and safety. Such 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) ENFORCEMENT.—
(e)

SENGER

§ 44903

(A) UNDER SECRETARY TO PUBLISH SANCTIONS.—The Under Secretary shall publish in
the Federal Register a list of sanctions for
use as guidelines in the discipline of employees for infractions of airport access control
requirements. The guidelines shall incorporate a progressive disciplinary approach
that relates proposed sanctions to the severity or recurring nature of the infraction and
shall include measures such as remedial
training, suspension from security-related
duties, suspension from all duties without
pay, and termination of employment.
(B) USE OF SANCTIONS.—Each airport operator, air carrier, and security screening company shall include the list of sanctions published by the Under Secretary in its security
program. The security program shall include
a process for taking prompt disciplinary action against an employee who commits an
infraction of airport access control requirements.
(2) IMPROVEMENTS.—The Under Secretary
shall—
(A) work with airport operators and air
carriers to implement and strengthen existing controls to eliminate airport access control weaknesses;
(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that
teach employees their roles in airport security, the importance of their participation,
how their performance will be evaluated,
and what action will be taken if they fail to
perform;
(C) require airport operators and air carriers to develop and implement programs
that foster and reward compliance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the
Under Secretary to measure employee compliance;
(D) on an ongoing basis, assess and test for
compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of
penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;
(E) improve and better administer the
Under Secretary’s security database to ensure its efficiency, reliability, and usefulness
for identification of systemic problems and
allocation of resources;
(F) improve the execution of the Under
Secretary’s quality control program; and
(G) work with airport operators to
strengthen access control points in secured
areas (including air traffic control operations areas, maintenance areas, crew
lounges, baggage handling areas, concessions, and catering delivery areas) to ensure
the security of passengers and aircraft and
consider the deployment of biometric or
similar technologies that identify individuals based on unique personal characteristics.

§ 44903

TITLE 49—TRANSPORTATION

(h) IMPROVED AIRPORT PERIMETER ACCESS SECURITY.—
(1) IN GENERAL.—The Under Secretary, in
consultation with the airport operator and law
enforcement authorities, may order the deployment of such personnel at any secure area
of the airport as necessary to counter the risk
of criminal violence, the risk of aircraft piracy at the airport, the risk to air carrier aircraft operations at the airport, or to meet national security concerns.
(2) SECURITY OF AIRCRAFT AND GROUND ACCESS
TO SECURE AREAS.—In determining where to
deploy such personnel, the Under Secretary
shall consider the physical security needs of
air traffic control facilities, parked aircraft,
aircraft servicing equipment, aircraft supplies
(including fuel), automobile parking facilities
within airport perimeters or adjacent to secured facilities, and access and transition
areas at airports served by other means of
ground or water transportation.
(3) DEPLOYMENT OF FEDERAL LAW ENFORCEMENT PERSONNEL.—The Secretary may enter
into a memorandum of understanding or other
agreement with the Attorney General or the
head of any other appropriate Federal law enforcement agency to deploy Federal law enforcement personnel at an airport in order to
meet aviation safety and security concerns.
(4) AIRPORT PERIMETER SCREENING.—The
Under Secretary—
(A) shall require, as soon as practicable
after the date of enactment of this subsection, screening or inspection of all individuals, goods, property, vehicles, and other
equipment before entry into a secured area
of an airport in the United States described
in section 44903(c);
(B) shall prescribe specific requirements
for such screening and inspection that will
assure at least the same level of protection
as will result from screening of passengers
and their baggage;
(C) shall establish procedures to ensure the
safety and integrity of—
(i) all persons providing services with respect to aircraft providing passenger air
transportation or intrastate air transportation and facilities of such persons at an
airport in the United States described in
section 44903(c);
(ii) all supplies, including catering and
passenger amenities, placed aboard such
aircraft, including the sealing of supplies
to ensure easy visual detection of tampering; and
(iii) all persons providing such supplies
and facilities of such persons;
(D) shall require vendors having direct access to the airfield and aircraft to develop
security programs; and
(E) shall issue, not later than March 31,
2005, guidance for the use of biometric or
other technology that positively verifies the
identity of each employee and law enforcement officer who enters a secure area of an
airport.
(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT
ACCESS CONTROL SYSTEMS.—In issuing guidance

Page 952

under paragraph (4)(E), the Assistant Secretary of Homeland Security (Transportation
Security Administration) in consultation with
representatives of the aviation industry, the
biometric identifier industry, and the National Institute of Standards and Technology,
shall establish, at a minimum—
(A) comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport access control
systems (including airport perimeter access
control systems) to ensure that the biometric identifier systems are effective, reliable,
and secure;
(B) a list of products and vendors that
meet the requirements and standards set
forth in subparagraph (A);
(C) procedures for implementing biometric
identifier systems—
(i) to ensure that individuals do not use
an assumed identity to enroll in a biometric identifier system; and
(ii) to resolve failures to enroll, false
matches, and false non-matches; and
(D) best practices for incorporating biometric identifier technology into airport access control systems in the most effective
manner, including a process to best utilize
existing airport access control systems, facilities, and equipment and existing data
networks connecting airports.
(6) USE OF BIOMETRIC TECHNOLOGY FOR ARMED
LAW ENFORCEMENT TRAVEL.—
(A) IN GENERAL.—Not later than 18 months
after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Attorney General, shall—
(i) implement this section 1 by publication in the Federal Register; and
(ii) establish a national registered armed
law enforcement program, that shall be
federally managed, for law enforcement officers needing to be armed when traveling
by commercial aircraft.
(B) PROGRAM REQUIREMENTS.—The program
shall—
(i) establish a credential or a system
that incorporates biometric technology
and other applicable technologies;
(ii) establish a system for law enforcement officers who need to be armed when
traveling by commercial aircraft on a regular basis and for those who need to be
armed during temporary travel assignments;
(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;
(iv) apply to all Federal, State, local,
tribal, and territorial government law enforcement agencies; and
(v) establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or
1 So

in original. Probably should be ‘‘paragraph’’.

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TITLE 49—TRANSPORTATION

territorial law enforcement officer seeking
to carry a weapon on board a commercial
aircraft, without unnecessarily disclosing
to the public that the individual is a law
enforcement officer.
(C) PROCEDURES.—In establishing the program, the Secretary shall develop procedures—
(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a
specific reason for flying armed and the
reason is within the scope of the duties of
such officer;
(ii) to preserve the anonymity of the
armed law enforcement officer;
(iii) to resolve failures to enroll, false
matches, and false nonmatches relating to
the use of the law enforcement travel credential or system;
(iv) to determine the method of issuance
of the biometric credential to law enforcement officers needing to be armed when
traveling by commercial aircraft;
(v) to invalidate any law enforcement
travel credential or system that is lost,
stolen, or no longer authorized for use;
(vi) to coordinate the program with the
Federal Air Marshal Service, including the
force multiplier program of the Service;
and
(vii) to implement a phased approach to
launching the program, addressing the immediate needs of the relevant Federal
agent population before expanding to
other law enforcement populations.
(7) DEFINITIONS.—In this subsection, the following definitions apply:
(A) BIOMETRIC IDENTIFIER INFORMATION.—
The term ‘‘biometric identifier information’’
means the distinct physical or behavioral
characteristics of an individual that are
used for unique identification, or verification of the identity, of an individual.
(B) BIOMETRIC IDENTIFIER.—The term ‘‘biometric identifier’’ means a technology that
enables the automated identification, or verification of the identity, of an individual
based on biometric information.
(C) FAILURE TO ENROLL.—The term ‘‘failure
to enroll’’ means the inability of an individual to enroll in a biometric identifier system
due to an insufficiently distinctive biometric sample, the lack of a body part necessary
to provide the biometric sample, a system
design that makes it difficult to provide consistent biometric identifier information, or
other factors.
(D) FALSE MATCH.—The term ‘‘false
match’’ means the incorrect matching of one
individual’s biometric identifier information
to another individual’s biometric identifier
information by a biometric identifier system.
(E) FALSE NON-MATCH.—The term ‘‘false
non-match’’ means the rejection of a valid
identity by a biometric identifier system.
(F) SECURE AREA OF AN AIRPORT.—The term
‘‘secure area of an airport’’ means the sterile
area and the Secure Identification Display

§ 44903

Area of an airport (as such terms are defined
in section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to
such section).
(i) AUTHORITY TO ARM FLIGHT DECK CREW WITH
LESS-THAN-LETHAL WEAPONS.—
(1) IN GENERAL.—If the Under Secretary,
after receiving the recommendations of the
National Institute of Justice, determines, with
the approval of the Attorney General and the
Secretary of State, that it is appropriate and
necessary and would effectively serve the public interest in avoiding air piracy, the Under
Secretary may authorize members of the
flight deck crew on any aircraft providing air
transportation or intrastate air transportation to carry a less-than-lethal weapon
while the aircraft is engaged in providing such
transportation.
(2) USAGE.—If the Under Secretary grants
authority under paragraph (1) for flight deck
crew members to carry a less-than-lethal
weapon while engaged in providing air transportation or intrastate air transportation, the
Under Secretary shall—
(A) prescribe rules requiring that any such
crew member be trained in the proper use of
the weapon; and
(B) prescribe guidelines setting forth the
circumstances under which such weapons
may be used.
(3) REQUEST OF AIR CARRIERS TO USE LESSTHAN-LETHAL WEAPONS.—If, after the date of
enactment of this paragraph, the Under Secretary receives a request from an air carrier
for authorization to allow pilots of the air carrier to carry less-than-lethal weapons, the
Under Secretary shall respond to that request
within 90 days.
(j) SHORT-TERM ASSESSMENT AND DEPLOYMENT
OF EMERGING SECURITY TECHNOLOGIES AND PROCEDURES.—
(1) IN GENERAL.—The Under Secretary of
Transportation for Security shall recommend
to airport operators, within 6 months after the
date of enactment of the Aviation and Transportation Security Act, commercially available measures or procedures to prevent access
to secure airport areas by unauthorized persons. As part of the 6-month assessment, the
Under Secretary for Transportation Security
shall—
(A) review the effectiveness of biometrics
systems currently in use at several United
States airports, including San Francisco
International;
(B) review the effectiveness of increased
surveillance at access points;
(C) review the effectiveness of card- or
keypad-based access systems;
(D) review the effectiveness of airport
emergency exit systems and determine
whether those that lead to secure areas of
the airport should be monitored or how
breaches can be swiftly responded to; and
(E) specifically target the elimination of
the ‘‘piggy-backing’’ phenomenon, where another person follows an authorized person
through the access point.
The 6-month assessment shall include a 12month deployment strategy for currently

§ 44903

TITLE 49—TRANSPORTATION

available technology at all category X airports, as defined in the Federal Aviation Administration approved air carrier security programs required under part 108 of title 14, Code
of Federal Regulations. Not later than 18
months after the date of enactment of this
Act, the Secretary of Transportation shall
conduct a review of reductions in unauthorized access at these airports.
(2) COMPUTER-ASSISTED PASSENGER PRESCREENING SYSTEM.—
(A) IN GENERAL.—The Secretary of Transportation shall ensure that the ComputerAssisted Passenger Prescreening System, or
any successor system—
(i) is used to evaluate all passengers before they board an aircraft; and
(ii) includes procedures to ensure that
individuals selected by the system and
their carry-on and checked baggage are
adequately screened.
(B) MODIFICATIONS.—The Secretary of
Transportation may modify any requirement under the Computer-Assisted Passenger Prescreening System for flights that
originate and terminate within the same
State, if the Secretary determines that—
(i) the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and
(ii) the routine characteristics of passengers, given the nature of the market,
regularly triggers primary selectee status.
(C) ADVANCED AIRLINE PASSENGER PRESCREENING.—
(i) COMMENCEMENT OF TESTING.—Not
later than January 1, 2005, the Assistant
Secretary of Homeland Security (Transportation Security Administration), or the
designee of the Assistant Secretary, shall
commence testing of an advanced passenger prescreening system that will allow
the Department of Homeland Security to
assume the performance of comparing passenger information, as defined by the Assistant Secretary, to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by
the Federal Government.
(ii) ASSUMPTION OF FUNCTION.—Not later
than 180 days after completion of testing
under clause (i), the Assistant Secretary,
or the designee of the Assistant Secretary,
shall begin to assume the performance of
the passenger prescreening function of
comparing passenger information to the
automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist
maintained by the Federal Government in
performing that function.
(iii) REQUIREMENTS.—In assuming performance of the function under clause (ii),
the Assistant Secretary shall—
(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because
the advanced passenger prescreening sys-

Page 954

tem determined that they might pose a
security threat, to appeal such determination and correct information contained in the system;
(II) ensure that Federal Government
databases that will be used to establish
the identity of a passenger under the
system will not produce a large number
of false positives;
(III) establish an internal oversight
board to oversee and monitor the manner in which the system is being implemented;
(IV) establish sufficient operational
safeguards to reduce the opportunities
for abuse;
(V) implement substantial security
measures to protect the system from unauthorized access;
(VI) adopt policies establishing effective oversight of the use and operation of
the system; and
(VII) ensure that there are no specific
privacy concerns with the technological
architecture of the system.
(iv) PASSENGER INFORMATION.—Not later
than 180 days after the completion of the
testing of the advanced passenger prescreening system, the Assistant Secretary,
by order or interim final rule—
(I) shall require air carriers to supply
to the Assistant Secretary the passenger
information needed to begin implementing the advanced passenger prescreening
system; and
(II) shall require entities that provide
systems and services to air carriers in
the operation of air carrier reservations
systems to provide to air carriers passenger information in possession of such
entities, but only to the extent necessary to comply with subclause (I).
(v) INCLUSION OF DETAINEES ON NO FLY
LIST.—The Assistant Secretary, in coordination with the Terrorist Screening Center, shall include on the No Fly List any
individual who was a detainee held at the
Naval Station, Guantanamo Bay, Cuba,
unless the President certifies in writing to
Congress that the detainee poses no threat
to the United States, its citizens, or its allies. For purposes of this clause, the term
‘‘detainee’’ means an individual in the custody or under the physical control of the
United States as a result of armed conflict.
(D) SCREENING
WATCHLIST.—The

OF

EMPLOYEES

AGAINST

Assistant Secretary of
Homeland Security (Transportation Security Administration), in coordination with
the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are
screened against all appropriate records in
the consolidated and integrated terrorist
watchlist maintained by the Federal Government before—
(i) being certificated by the Federal
Aviation Administration;
(ii) being granted unescorted access to
the secure area of an airport; or

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(iii) being granted unescorted access to
the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to
such section) of an airport.
(E) AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING.—
(i) IN GENERAL.—Not later than 90 days
after the date on which the Assistant Secretary assumes the performance of the advanced passenger prescreening function
under subparagraph (C)(ii), the Assistant
Secretary 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 of Homeland Security to use the advanced passenger prescreening system to compare
information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500
pounds, any passenger proposed to be
transported aboard such aircraft, and
any 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 appropriate records in the consolidated and integrated terrorist watchlist
maintained by the Federal Government;
and
(II) refuse to charter or lease an aircraft with a maximum takeoff weight
greater than 12,500 pounds to or transport aboard such aircraft any persons
identified on such watch list.
(ii) REQUIREMENTS.—The requirements of
subparagraph (C)(iii) shall apply to this
subparagraph.
(iii) NO FLY AND AUTOMATIC SELECTEE
LISTS.—The Secretary of Homeland Security, in consultation with the Terrorist
Screening Center, shall design and review,
as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained,
or to be maintained, in the no fly and
automatic selectee lists.
(F) APPLICABILITY.—Section 607 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568)
shall not apply to the advanced passenger
prescreening system established under subparagraph (C).
(G) APPEAL PROCEDURES.—
(i) IN GENERAL.—The Assistant Secretary
shall establish a timely and fair process
for individuals identified as a threat under
one or more of subparagraphs (C), (D), and
(E) to appeal to the Transportation Security Administration the determination and
correct any erroneous information.
(ii) RECORDS.—The process shall include
the establishment of a method by which
the Assistant Secretary will be able to
maintain a record of air passengers and

§ 44903

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 Assistant Secretary to
authenticate the identity of such a passenger or individual.
(H) DEFINITION.—In this paragraph, the
term ‘‘secure area of an airport’’ means the
sterile area and the Secure Identification
Display Area of an airport (as such terms are
defined in section 1540.5 of title 49, Code of
Federal Regulations, or any successor regulation to such section).
(k) LIMITATION ON LIABILITY FOR ACTS TO
THWART CRIMINAL VIOLENCE OR AIRCRAFT PIRACY.—An individual shall not be liable for damages in any 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 such an act of criminal
violence or piracy was occurring or was about to
occur.
(l) AIR CHARTER PROGRAM.—
(1) IN GENERAL.—The Under Secretary for
Border and Transportation Security of the Department of Homeland Security shall implement an aviation security program for charter
air carriers (as defined in section 40102(a)) with
a maximum certificated takeoff weight of
more than 12,500 pounds.
(2) EXEMPTION FOR ARMED FORCES CHARTERS.—
(A) 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.
(B) SECURITY PROCEDURES.—The Secretary
of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Transportation, 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 section 44903(c).
(C) ARMED FORCES DEFINED.—In this paragraph, the term ‘‘armed forces’’ has the
meaning given that term by section 101(a)(4)
of title 10.
(m) SECURITY SCREENING FOR MEMBERS OF THE
ARMED FORCES.—
(1) IN GENERAL.—The Assistant Secretary of
Homeland Security (Transportation Security
Administration), in consultation with the Department of Defense, shall develop and implement a plan to provide expedited security
screening services for a member of the armed
forces, and, to the extent possible, any accompanying family member, if the member of the
armed forces, while in uniform, presents documentation indicating official orders for air
transportation departing from a primary airport (as defined in section 47102).
(2) PROTOCOLS.—In developing the plan, the
Assistant Secretary shall consider—

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(A) leveraging existing security screening
models used to reduce passenger wait times;
(B) establishing standard guidelines for
the screening of military uniform items, including combat boots; and
(C) incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section
109(a)(3) of the Aviation and Transportation
Security Act (49 U.S.C. 114 note), or into the
development of any new credential or system that incorporates biometric technology
and other applicable technologies to verify
the identity of individuals traveling in air
transportation.
(3) RULE OF CONSTRUCTION.—Nothing in this
subsection shall affect the authority of the Assistant Secretary to require additional screening of a member of the armed forces if intelligence or law enforcement information indicates that additional screening is necessary.
(4) REPORT TO CONGRESS.—The Assistant Secretary shall submit to the appropriate committees of Congress a report on the implementation of the plan.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1205;
Pub. L. 106–181, title VII, § 717, Apr. 5, 2000, 114
Stat. 163; Pub. L. 106–528, §§ 4, 6, Nov. 22, 2000, 114
Stat. 2520, 2521; Pub. L. 107–71, title I,
§§ 101(f)(7)–(9), 106(a), (c), (d), 120, 126(b), 136, 144,
Nov. 19, 2001, 115 Stat. 603, 608–610, 629, 632, 636,
644; Pub. L. 107–296, title XIV, §§ 1405, 1406, Nov.
25, 2002, 116 Stat. 2307; Pub. L. 108–176, title VI,
§ 606(a), Dec. 12, 2003, 117 Stat. 2568; Pub. L.
108–458, title IV, §§ 4011(a), 4012(a)(1), Dec. 17,
2004, 118 Stat. 3712, 3714; Pub. L. 110–53, title XVI,
§ 1615(a), Aug. 3, 2007, 121 Stat. 486; Pub. L. 111–83,
title V, § 553, Oct. 28, 2009, 123 Stat. 2179; Pub. L.
112–86, § 2(a), Jan. 3, 2012, 125 Stat. 1874.)
HISTORICAL AND REVISION NOTES
Revised
Section
44903(a) ......

Source (U.S. Code)
49 App.:1357(f).

44903(b) ......
44903(c)(1) ..
44903(c)(2) ..

49 App.:1357(a).
49 App.:1357(b).
49 App.:1357(g).

44903(d) ......

49 App.:1356b.

44903(e) ......

49 App.:1357(e)(2),
(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(a), (b),
(e)(2), (3), (f); added Aug.
5, 1974, Pub. L. 93–366,
§ 202, 88 Stat. 415, 417.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(g); added
Aug. 15, 1990, Pub. L.
101–370, § 2, 104 Stat. 451.
Aug. 8, 1985, Pub. L. 99–83,
§ 553(b), 99 Stat. 226.

In this section, the word ‘‘passengers’’ is substituted
for ‘‘persons’’ for consistency in the revised title.
In subsection (a)(2), the words ‘‘the degree of’’ are
substituted for ‘‘such’’ for clarity.
In subsection (b), before clause (1), the word ‘‘rules’’
is omitted as being synonymous with ‘‘regulations’’.
The words ‘‘such reasonable . . . requiring such practices, methods, and procedures, or governing the design, materials, and construction of aircraft, as he may
deem necessary’’ are omitted as surplus. The word
‘‘air’’ after ‘‘intrastate’’ is added for clarity and consistency. The words ‘‘and amending’’ are omitted as
surplus. In clause (1), the words ‘‘the heads of other departments, agencies, and instrumentalities of the
United States Government, and State and local authorities’’ are substituted for ‘‘such other Federal,
State, and local agencies’’ for consistency in the revised title and with other titles of the United States

Page 956

Code. The words ‘‘as he may deem appropriate’’ are
omitted as surplus. In clause (2)(A), the words ‘‘in air
transportation or intrastate air transportation against
acts of criminal violence and aircraft piracy’’ are omitted as surplus. In clause (3), before subclause (A), the
words ‘‘inspection’’ and ‘‘in air transportation and
intrastate air transportation’’ are omitted as surplus.
In subclause (B), the words ‘‘that they will receive’’ and
‘‘any air transportation security program established
under’’ are omitted as surplus. In clause (4), the words
‘‘contribute to . . . the purposes of’’ are omitted as surplus.
In subsection (c)(1), the words ‘‘traveling in air transportation or intrastate air transportation from acts of
criminal violence and aircraft piracy’’ and ‘‘whose services are made available by their employers’’ are omitted as surplus. The words ‘‘department, agency, or instrumentality of the Government’’ are substituted for
‘‘Federal department or agency’’ for consistency in the
revised title and with other titles of the Code. The word
‘‘When’’ is substituted for ‘‘In any case in which’’ to
eliminate unnecessary words. The words ‘‘receipt of’’,
‘‘by order’’, ‘‘the services of’’, ‘‘directly’’, and ‘‘at the
airport concerned in such numbers and for such period
of time as the Administrator may deem necessary’’ are
omitted as surplus. The words ‘‘When deciding whether
additional personnel are needed’’ are substituted for
‘‘In making the determination referred to in the preceding sentence’’ for clarity.
In subsection (c)(2)(A), before clause (i), the words
‘‘under this section’’ are omitted as surplus. The words
‘‘or an amendment in an existing program’’ are substituted for ‘‘and may approve an amendment to a security program of an airport operator approved by the
Administrator under subsection (b)’’ to eliminate unnecessary words. In clause (ii), the word ‘‘monetary’’ is
substituted for ‘‘financial’’ for consistency.
In subsection (e), the words ‘‘Notwithstanding any
other provisions of law’’, ‘‘the commission of’’, ‘‘considered’’, and ‘‘the moment when’’ before ‘‘such door’’ are
omitted as surplus. The words ‘‘to allow passengers to
leave’’ are substituted for ‘‘disembarkation’’, and the
words ‘‘the aircraft’’ are added, for clarity. The words
‘‘departments, agencies, and instrumentalities of the
Government’’ are substituted for ‘‘Federal departments
and agencies’’ for consistency in the revised title and
with other titles of the Code. The words ‘‘as may be
. . . the purposes of’’ are omitted as surplus.
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as
amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.
The date of enactment of this subsection, referred to
in subsec. (h)(4)(A), is the date of enactment of Pub. L.
107–71, which was approved Nov. 19, 2001.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred
to in subsec. (h)(6)(A), is the date of enactment of Pub.
L. 110–53, which was approved Aug. 3, 2007.
The date of enactment of this paragraph, referred to
in subsec. (i)(3), is the date of enactment of Pub. L.
107–296, which was approved Nov. 25, 2002.
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (j)(1), is the
date of enactment of Pub. L. 107–71, which was approved
Nov. 19, 2001.
The date of enactment of this Act, referred to in subsec. (j)(1), probably means the date of enactment of
Pub. L. 107–71, which enacted subsec. (j), originally (i),
of this section and which was approved Nov. 19, 2001.
Section 607 of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (j)(2)(F), is section 607 of Pub. L. 108–176, which is set out as a note
below.
AMENDMENTS
2012—Subsec. (m). Pub. L. 112–86 added subsec. (m).

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2009—Subsec. (j)(2)(C)(v). Pub. L. 111–83 added cl. (v).
2007—Subsec. (h)(6). Pub. L. 110–53 amended par. (6)
generally. Prior to amendment, par. (6) related to establishment of a uniform law enforcement officer travel credential incorporating biometric identifier technology not later than 120 days after Dec. 17, 2004.
2004—Subsec. (h)(4)(E). Pub. L. 108–458, § 4011(a)(1),
substituted ‘‘shall issue, not later than March 31, 2005,
guidance for’’ for ‘‘may provide for’’.
Subsec. (h)(5) to (7). Pub. L. 108–458, § 4011(a)(2), added
pars. (5) to (7).
Subsec. (j)(2)(C) to (H). Pub. L. 108–458, § 4012(a)(1),
added subpars. (C) to (H).
2003—Subsec. (l). Pub. L. 108–176 added subsec. (l).
2002—Subsec. (h). Pub. L. 107–296, § 1406(3), redesignated subsec. (h), relating to limitation on liability for
acts to thwart criminal violence or aircraft piracy, as
(k).
Pub. L. 107–296, § 1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews with lessthan-lethal weapons, as (i).
Subsec. (i). Pub. L. 107–296, § 1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews
with less-than-lethal weapons, as (i). Former subsec. (i)
redesignated (j).
Subsec. (i)(1). Pub. L. 107–296, § 1405(b)(1), substituted
‘‘If the Under Secretary’’ for ‘‘If the Secretary’’ and
‘‘the Under Secretary may’’ for ‘‘the Secretary may’’.
Subsec. (i)(2). Pub. L. 107–296, § 1405(b)(2), substituted
‘‘Under Secretary’’ for ‘‘Secretary’’ in two places in introductory provisions.
Subsec. (i)(3). Pub. L. 107–296, § 1405(a), added par. (3).
Subsec. (j). Pub. L. 107–296, § 1406(1), redesignated subsec. (i) as (j).
Subsec. (k). Pub. L. 107–296, § 1406(3), redesignated
subsec. (h), relating to limitation on liability for acts
to thwart criminal violence or aircraft piracy, as (k).
2001—Subsec. (a)(2). Pub. L. 107–71, § 101(f)(7), (9), substituted ‘‘Under Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in two places
in introductory provisions.
Subsec. (c)(1), (2)(A), (B). Pub. L. 107–71, § 101(f)(7),
substituted ‘‘Under Secretary’’ for ‘‘Administrator’’
wherever appearing.
Subsec. (c)(2)(C). Pub. L. 107–71, § 120, amended heading and text of subpar. (C) generally, substituting provisions relating to maximum use of chemical and biological weapon detection equipment for provisions relating to a manual process at explosive detection locations for randomly selecting additional checked bags
for screening.
Subsec. (c)(3). Pub. L. 107–71, § 106(d), added par. (3).
Subsecs. (e), (f), (g)(1)(A), (B). Pub. L. 107–71,
§ 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ wherever appearing.
Subsec. (g)(2). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions.
Subsec. (g)(2)(A). Pub. L. 107–71, § 106(c)(1), substituted
‘‘weaknesses;’’ for ‘‘weaknesses by January 31, 2001;’’.
Subsec. (g)(2)(D). Pub. L. 107–71, § 106(c)(2), added subpar. (D) and struck out former subpar. (D) which read
as follows: ‘‘assess and test for compliance with access
control requirements, report findings, and assess penalties or take other appropriate enforcement actions
when noncompliance is found;’’.
Subsec. (g)(2)(C). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (g)(2)(E). Pub. L. 107–71, § 101(f)(8), substituted
‘‘Under Secretary’s’’ for ‘‘Administrator’s’’.
Subsec. (g)(2)(F). Pub. L. 107–71, §§ 101(f)(8), 106(c)(3),
substituted ‘‘Under Secretary’s’’ for ‘‘Administrator’s’’
and ‘‘program;’’ for ‘‘program by January 31, 2001;’’.
Subsec. (g)(2)(G). Pub. L. 107–71, § 106(c)(4), added subpar. (G) and struck out former subpar. (G) which read
as follows: ‘‘require airport operators and air carriers
to strengthen access control points in secured areas

§ 44903

(including air traffic control operations areas) to ensure the security of passengers and aircraft by January
31, 2001.’’
Subsec. (h). Pub. L. 107–71, § 144, which directed that
subsec. (h) relating to limitation on liability for acts to
thwart criminal violence or aircraft piracy be added at
end of section 44903, without specifying the Code title
to be amended, was executed by making the addition at
the end of this section, to reflect the probable intent of
Congress.
Pub. L. 107–71, § 126(b), added subsec. (h) relating to
authority to arm flight deck crews with less-than-lethal weapons.
Pub. L. 107–71, § 106(a), added subsec. (h) relating to
improved airport perimeter access security.
Subsec. (i). Pub. L. 107–71, § 136, added subsec. (i).
2000—Subsec. (c)(2)(C). Pub. L. 106–528, § 6, added subpar. (C).
Subsec. (f). Pub. L. 106–181 added subsec. (f).
Subsec. (g). Pub. L. 106–528, § 4, added subsec. (g).
EFFECTIVE DATE OF 2012 AMENDMENT
Pub. L. 112–86, § 2(b), Jan. 3, 2012, 125 Stat. 1875, provided that: ‘‘Not later than 180 days after the date of
enactment of this Act [Jan. 3, 2012], the Assistant Secretary shall implement the plan required by this Act
[amending this section and enacting provisions set out
as a note under section 40101 of this title].’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENTS
Amendment by Pub. L. 106–528 effective 30 days after
Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as
a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED
PASSENGER PRESCREENING SYSTEM
Pub. L. 110–53, title XVI, § 1605, Aug. 3, 2007, 121 Stat.
481, provided that:
‘‘(a) IN GENERAL.—Not later than 120 days after the
date of enactment of this Act [Aug. 3, 2007], the Secretary of Homeland Security, in consultation with the
Administrator of the Transportation Security Administration, shall submit to the Committee on Homeland
Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland Security and
Governmental Affairs of the Senate a plan that—
‘‘(1) describes the system to be utilized by the Department of Homeland Security to assume the per-

§ 44903

TITLE 49—TRANSPORTATION

formance of comparing passenger information, as defined by the Administrator, to the automatic selectee
and no-fly lists, utilizing appropriate records in the
consolidated and integrated terrorist watchlist maintained by the Federal Government;
‘‘(2) provides a projected timeline for each phase of
testing and implementation of the system;
‘‘(3) explains how the system will be integrated
with the prescreening system for passengers on international flights; and
‘‘(4) describes how the system complies with section
552a of title 5, United States Code.
‘‘(b) GAO ASSESSMENT.—Not later than 180 days after
the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security of the House of
Representatives that—
‘‘(1) describes the progress made by the Transportation Security Administration in implementing the
secure flight passenger pre-screening program;
‘‘(2) describes the effectiveness of the current appeals process for passengers wrongly assigned to the
no-fly and terrorist watch lists;
‘‘(3) describes the Transportation Security Administration’s plan to protect private passenger information and progress made in integrating the system
with the pre-screening program for international
flights operated by United States Customs and Border Protection;
‘‘(4) provides a realistic determination of when the
system will be completed; and
‘‘(5) includes any other relevant observations or
recommendations the Comptroller General deems appropriate.’’
PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT
AIRPORT EXIT LANES
Pub. L. 110–53, title XVI, § 1613, Aug. 3, 2007, 121 Stat.
485, provided that:
‘‘(a) IN GENERAL.—The Administrator of the Transportation Security Administration shall conduct a
pilot program at not more than 2 airports to identify
technologies to improve security at airport exit lanes.
‘‘(b) PROGRAM COMPONENTS.—In conducting the pilot
program under this section, the Administrator shall—
‘‘(1) utilize different technologies that protect the
integrity of the airport exit lanes from unauthorized
entry;
‘‘(2) work with airport officials to deploy such technologies in multiple configurations at a selected airport or airports at which some of the exits are not colocated with a screening checkpoint; and
‘‘(3) ensure the level of security is at or above the
level of existing security at the airport or airports
where the pilot program is conducted.
‘‘(c) REPORTS.—
‘‘(1) INITIAL BRIEFING.—Not later than 180 days after
the date of enactment of this Act [Aug. 3, 2007], the
Administrator shall conduct a briefing to the congressional committees set forth in paragraph (3) that
describes—
‘‘(A) the airport or airports selected to participate in the pilot program;
‘‘(B) the technologies to be tested;
‘‘(C) the potential savings from implementing the
technologies at selected airport exits;
‘‘(D) the types of configurations expected to be
deployed at such airports; and
‘‘(E) the expected financial contribution from
each airport.
‘‘(2) FINAL REPORT.—Not later than 18 months after
the technologies are deployed at the airports participating in the pilot program, the Administrator shall
submit a final report to the congressional committees set forth in paragraph (3) that describes—
‘‘(A) the changes in security procedures and technologies deployed;
‘‘(B) the estimated cost savings at the airport or
airports that participated in the pilot program; and

Page 958

‘‘(C) the efficacy and staffing benefits of the pilot
program and its applicability to other airports in
the United States.
‘‘(3) CONGRESSIONAL COMMITTEES.—The reports required under this subsection shall be submitted to—
‘‘(A) the Committee on Commerce, Science, and
Transportation of the Senate;
‘‘(B) the Committee on Appropriations of the Senate;
‘‘(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
‘‘(D) the Committee on Homeland Security of the
House of Representatives; and
‘‘(E) the Committee on Appropriations of the
House of Representatives.
‘‘(d) USE OF EXISTING FUNDS.—This section shall be
executed using existing funds.’’
SECURITY CREDENTIALS FOR AIRLINE CREWS
Pub. L. 110–53, title XVI, § 1614, Aug. 3, 2007, 121 Stat.
486, provided that:
‘‘(a) REPORT.—Not later than 180 days after the date
of enactment of this Act [Aug. 3, 2007], the Administrator of the Transportation Security Administration,
after consultation with airline, airport, and flight crew
representatives, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate,
the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on the status of the
Administration’s efforts to institute a sterile area access system or method that will enhance security by
properly identifying authorized airline flight deck and
cabin crew members at screening checkpoints and
granting them expedited access through screening
checkpoints. The Administrator shall include in the report recommendations on the feasibility of implementing the system for the domestic aviation industry beginning 1 year after the date on which the report is submitted.
‘‘(b) BEGINNING IMPLEMENTATION.—The Administrator
shall begin implementation of the system or method
referred to in subsection (a) not later than 1 year after
the date on which the Administrator submits the report under subsection (a).’’
CAPPS2
Pub. L. 108–176, title VI, § 607, Dec. 12, 2003, 117 Stat.
2568, provided that:
‘‘(a) IN GENERAL.—The Under Secretary for Border
and Transportation Security of the Department of
Homeland Security shall not implement, on other than
a test basis, the computer assisted passenger prescreening system (commonly known as and in this section referred to as ‘CAPPS2’) until the Under Secretary
provides to Congress a certification that—
‘‘(1) a procedure is established enabling airline passengers, who are delayed or prohibited from boarding
a flight because CAPPS2 determined that they might
pose a security threat, to appeal such determination
and correct information contained in CAPPS2;
‘‘(2) the error rate of the Government and private
data bases that will be used to both establish identity
and assign a risk level to a passenger under CAPPS2
will not produce a large number of false positives
that will result in a significant number of passengers
being mistaken as a security threat;
‘‘(3) the Under Secretary has demonstrated the efficacy and accuracy of all search tools in CAPPS2 and
has demonstrated that CAPPS2 can make an accurate predictive assessment of those passengers who
would constitute a security threat;
‘‘(4) the Secretary of Homeland Security has established an internal oversight board to oversee and
monitor the manner in which CAPPS2 is being implemented;
‘‘(5) the Under Secretary has built in sufficient
operational safeguards to reduce the opportunities
for abuse;

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TITLE 49—TRANSPORTATION

‘‘(6) substantial security measures are in place to
protect CAPPS2 from unauthorized access by hackers
or other intruders;
‘‘(7) the Under Secretary has adopted policies establishing effective oversight of the use and operation of
the system; and
‘‘(8) there are no specific privacy concerns with the
technological architecture of the system.
‘‘(b) GAO REPORT.—Not later than 90 days after the
date on which certification is provided under subsection (a), the Comptroller General shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science
and Transportation of the Senate that assesses the impact of CAPPS2 on the issues listed in subsection (a)
and on privacy and civil liberties. The report shall include any recommendations for practices, procedures,
regulations, or legislation to eliminate or minimize adverse effect of CAPPS2 on privacy, discrimination, and
other civil liberties.’’
REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN
SCREENING AND RELATED ACTIVITIES
Pub. L. 108–176, title VIII, § 821, Dec. 12, 2003, 117 Stat.
2594, provided that: ‘‘The Secretary of Homeland Security, subject to the availability of funds (other than
amounts in the Aviation Trust Fund) provided for this
purpose, shall reimburse air carriers and airports for—
‘‘(1) the screening of catering supplies; and
‘‘(2) checking documents at security checkpoints.’’
IMPROVED FLIGHT DECK INTEGRITY MEASURES
Pub. L. 107–71, title I, § 104, Nov. 19, 2001, 115 Stat. 605,
provided that:
‘‘(a) IN GENERAL.—As soon as possible after the date
of enactment of this Act [Nov. 19, 2001], the Administrator of the Federal Aviation Administration shall—
‘‘(1) issue an order (without regard to the provisions
of chapter 5 of title 5, United States Code)—
‘‘(A) prohibiting access to the flight deck of aircraft engaged in passenger air transportation or
intrastate air transportation that are required to
have a door between the passenger and pilot compartments under title 14, Code of Federal Regulations, except to authorized persons;
‘‘(B) requiring the strengthening of the flight
deck door and locks on any such aircraft operating
in air transportation or intrastate air transportation that has a rigid door in a bulkhead between
the flight deck and the passenger area to ensure
that the door cannot be forced open from the passenger compartment;
‘‘(C) requiring that such flight deck doors remain
locked while any such aircraft is in flight except
when necessary to permit access and egress by authorized persons; and
‘‘(D) prohibiting the possession of a key to any
such flight deck door by any member of the flight
crew who is not assigned to the flight deck; and
‘‘(2) take such other action, including modification
of safety and security procedures and flight deck redesign, as may be necessary to ensure the safety and
security of the aircraft.
‘‘(b) IMPLEMENTATION OF OTHER METHODS.—As soon as
possible after such date of enactment [Nov. 19, 2001],
the Administrator of the Federal Aviation Administration may develop and implement methods—
‘‘(1) to use video monitors or other devices to alert
pilots in the flight deck to activity in the cabin, except that the use of such monitors or devices shall be
subject to nondisclosure requirements applicable to
cockpit video recordings under section 1114(c) [of title
49];
‘‘(2) to ensure continuous operation of an aircraft
transponder in the event of an emergency; and
‘‘(3) to revise the procedures by which cabin crews
of aircraft can notify flight deck crews of security

§ 44903

breaches and other emergencies, including providing
for the installation of switches or other devices or
methods in an aircraft cabin to enable flight crews to
discreetly notify the pilots in the case of a security
breach occurring in the cabin.
‘‘(c) COMMUTER AIRCRAFT.—The Administrator shall
investigate means of securing the flight deck of scheduled passenger aircraft operating in air transportation
or intrastate air transportation that do not have a
rigid fixed door with a lock between the passenger compartment and the flight deck and issue such an order as
the Administrator deems appropriate to ensure the inaccessibility, to the greatest extent feasible, of the
flight deck while the aircraft is so operating, taking
into consideration such aircraft operating in regions
where there is minimal threat to aviation security or
national security.’’
SMALL AND MEDIUM AIRPORTS
Pub. L. 107–71, title I, § 106(b), Nov. 19, 2001, 115 Stat.
609, provided that:
‘‘(1) TECHNICAL SUPPORT AND FINANCIAL ASSISTANCE.—
The Under Secretary of Transportation for Security
shall develop a plan to—
‘‘(A) provide technical support to airports, each of
which had less than 1 percent of the total annual enplanements in the United States for the most recent
calendar year for which data is available, to enhance
security operations; and
‘‘(B) provide financial assistance to those airports
to defray the costs of enhancing security.
‘‘(2) REMOVAL OF CERTAIN RESTRICTIONS.—
‘‘(A) CERTIFICATION BY OPERATOR.—If the operator
of an airport described in paragraph (1), after consultation with the appropriate State and local law
enforcement authorities, determines that safeguards
are in place to sufficiently protect public safety, and
so certifies in writing to the Under Secretary, then
any security rule, order, or other directive restricting
the parking of passenger vehicles shall not apply at
that airport after the applicable time period specified
in subparagraph (B), unless the Under Secretary, taking into account individual airport circumstances,
notifies the airport operator that the safeguards in
place do not adequately respond to specific security
risks and that the restriction must be continued in
order to ensure public safety.
‘‘(B) COUNTERMAND PERIOD.—The time period within
which the Secretary may notify an airport operator,
after receiving a certification under subparagraph
(A), that a restriction must be continued in order to
ensure public safety at the airport is—
‘‘(i) 15 days for a nonhub airport (as defined in
section 41714(h) of title 49, United States Code);
‘‘(ii) 30 days for a small hub airport (as defined in
such section);
‘‘(iii) 60 days for a medium hub airport (as defined
in such section); and
‘‘(iv) 120 days for an airport that had at least 1
percent of the total annual enplanements in the
United States for the most recent calendar year for
which data is available.’’
AIRPORT SECURITY AWARENESS PROGRAMS
Pub. L. 107–71, title I, § 106(e), Nov. 19, 2001, 115 Stat.
610, provided that: ‘‘The Under Secretary of Transportation for Security shall require scheduled passenger
air carriers, and airports in the United States described
in section 44903(c) [of title 49] to develop security
awareness programs for airport employees, ground
crews, gate, ticket, and curbside agents of the air carriers, and other individuals employed at such airports.’’
AIRLINE COMPUTER RESERVATION SYSTEMS
Pub. L. 107–71, title I, § 117, Nov. 19, 2001, 115 Stat. 624,
provided that: ‘‘In order to ensure that all airline computer reservation systems maintained by United States
air carriers are secure from unauthorized access by persons seeking information on reservations, passenger

§ 44903

TITLE 49—TRANSPORTATION

manifests, or other nonpublic information, the Secretary of Transportation shall require all such air carriers to utilize to the maximum extent practicable the
best technology available to secure their computer reservation system against such unauthorized access.’’
AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF
AIRPORTS FOR SECURITY MANDATES
Pub. L. 107–71, title I, § 121, Nov. 19, 2001, 115 Stat. 630,
provided that:
‘‘(a) AIRPORT SECURITY.—There is authorized to be appropriated to the Secretary of Transportation for fiscal
years 2002 and 2003 a total of $1,500,000,000 to reimburse
airport operators, on-airport parking lots, and vendors
of on-airfield direct services to air carriers for direct
costs incurred by such operators to comply with new,
additional, or revised security requirements imposed
on such operators by the Federal Aviation Administration or Transportation Security Administration on or
after September 11, 2001. Such sums shall remain available until expended.
‘‘(b) DOCUMENTATION OF COSTS; AUDIT.—The Secretary
may not reimburse an airport operator, on-airport
parking lot, or vendor of on-airfield direct services to
air carriers under this section for any cost for which
the airport operator, on-airport parking lot, or vendor
of on-airfield direct services does not demonstrate to
the satisfaction of the Secretary, using sworn financial
statements or other appropriate data, that—
‘‘(1) the cost is eligible for reimbursement under
subsection (a); and
‘‘(2) the cost was incurred by the airport operator,
on-airport parking lot, or vendor of on-airfield direct
services to air carriers.
The Inspector General of the Department of Transportation and the Comptroller General of the United
States may audit such statements and may request any
other information necessary to conduct such an audit.
‘‘(c) CLAIM PROCEDURE.—Within 30 days after the date
of enactment of this Act [Nov. 19, 2001], the Secretary,
after consultation with airport operators, on-airport
parking lots, and vendors of on-airfield direct services
to air carriers, shall publish in the Federal Register the
procedures for filing claims for reimbursement under
this section of eligible costs incurred by airport operators.’’
FLIGHT DECK SECURITY
Pub. L. 107–71, title I, § 128, Nov. 19, 2001, 115 Stat. 633,
which authorized the pilot of a passenger aircraft to
carry a firearm into the cockpit if approved by the
Under Secretary of Transportation for Security and the
air carrier, if the firearm is approved by the Under Secretary, and if the pilot has received proper training,
was repealed by Pub. L. 107–296, title XIV, § 1402(b)(2),
Nov. 25, 2002, 116 Stat. 2305.
CHARTER AIR CARRIERS
Pub. L. 107–71, title I, § 132(a), Nov. 19, 2001, 115 Stat.
635, which provided that within 90 days after Nov. 19,
2001, the Under Secretary of Transportation for Security was to implement an aviation security program for
charter air carriers with a maximum certificated takeoff weight of 12,500 pounds or more, was repealed by
Pub. L. 108–176, title VI, § 606(b), Dec. 12, 2003, 117 Stat.
2568.
PHYSICAL SECURITY FOR ATC FACILITIES
Pub. L. 106–528, § 5, Nov. 22, 2000, 114 Stat. 2521, provided that:
‘‘(a) IN GENERAL.—In order to ensure physical security at Federal Aviation Administration staffed facilities that house air traffic control systems, the Administrator of the Federal Aviation Administration shall
act immediately to—
‘‘(1) correct physical security weaknesses at air
traffic control facilities so the facilities can be granted physical security accreditation not later than
April 30, 2004; and

Page 960

‘‘(2) ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control
facilities.
‘‘(b) REPORTS.—Not later than April 30, 2001, and annually thereafter through April 30, 2004, the Administrator shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on the progress being
made in improving the physical security of air traffic
control facilities, including the percentage of such facilities that have been granted physical security accreditation.’’
DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT
OFFICERS
Pub. L. 106–181, title V, § 512, Apr. 5, 2000, 114 Stat. 142,
provided that:
‘‘(a) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) AIRCRAFT.—The term ‘aircraft’ has the meaning given that term in section 40102 of title 49, United
States Code.
‘‘(2) AIR TRANSPORTATION.—The term ‘air transportation’ has the meaning given that term in such section.
‘‘(3) PROGRAM.—The term ‘program’ means the program established under subsection (b)(1)(A).
‘‘(b) ESTABLISHMENT OF A PROGRAM TO DEPUTIZE
LOCAL LAW ENFORCEMENT OFFICERS.—
‘‘(1) IN GENERAL.—The Attorney General may—
‘‘(A) establish a program under which the Attorney General may deputize State and local law enforcement officers having jurisdiction over airports
and airport authorities as Deputy United States
Marshals for the limited purpose of enforcing Federal laws that regulate security on board aircraft,
including laws relating to violent, abusive, or disruptive behavior by passengers in air transportation; and
‘‘(B) encourage the participation of law enforcement officers of State and local governments in the
program.
‘‘(2) CONSULTATION.—In establishing the program,
the Attorney General shall consult with appropriate
officials of—
‘‘(A) the United States Government (including
the Administrator [of the Federal Aviation Administration] or a designated representative of the Administrator); and
‘‘(B) State and local governments in any geographic area in which the program may operate.
‘‘(3) TRAINING AND BACKGROUND OF LAW ENFORCEMENT OFFICERS.—
‘‘(A) IN GENERAL.—Under the program, to qualify
to serve as a Deputy United States Marshal under
the program, a State or local law enforcement officer shall—
‘‘(i) meet the minimum background and training requirements for a law enforcement officer
under part 107 of title 14, Code of Federal Regulations (or equivalent requirements established by
the Attorney General); and
‘‘(ii) receive approval to participate in the program from the State or local law enforcement
agency that is the employer of that law enforcement officer.
‘‘(B) TRAINING NOT FEDERAL RESPONSIBILITY.—The
United States Government shall not be responsible
for providing to a State or local law enforcement
officer the training required to meet the training
requirements under subparagraph (A)(i). Nothing in
this subsection may be construed to grant any such
law enforcement officer the right to attend any institution of the United States Government established to provide training to law enforcement officers of the United States Government.
‘‘(c) POWERS AND STATUS OF DEPUTIZED LAW ENFORCEMENT OFFICERS.—

Page 961

§ 44904

TITLE 49—TRANSPORTATION

‘‘(1) IN GENERAL.—Subject to paragraph (2), a State
or local law enforcement officer that is deputized as
a Deputy United States Marshal under the program
may arrest and apprehend an individual suspected of
violating any Federal law described in subsection
(b)(1)(A), including any individual who violates a provision subject to a civil penalty under section 46301 of
title 49, United States Code, or section 46302, 46303,
46318, 46504, 46505, or 46507 of that title, or who commits an act described in section 46506 of that title.
‘‘(2) LIMITATION.—The powers granted to a State or
local law enforcement officer deputized under the
program shall be limited to enforcing Federal laws
relating to security on board aircraft in flight.
‘‘(3) STATUS.—A State or local law enforcement officer that is deputized as a Deputy United States Marshal under the program shall not—
‘‘(A) be considered to be an employee of the
United States Government; or
‘‘(B) receive compensation from the United States
Government by reason of service as a Deputy
United States Marshal under the program.
‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this section may be construed to—
‘‘(1) grant a State or local law enforcement officer
that is deputized under the program the power to enforce any Federal law that is not described in subsection (c); or
‘‘(2) limit the authority that a State or local law
enforcement officer may otherwise exercise in the officer’s capacity under any other applicable State or
Federal law.
‘‘(e) REGULATIONS.—The Attorney General may promulgate such regulations as may be necessary to carry
out this section.
‘‘(f) NOTIFICATION OF CONGRESS.—Not later than 90
days after the date of the enactment of this Act [Apr.
5, 2000], the Attorney General shall notify the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on whether
or not the Attorney General intends to establish the
program authorized by this section.’’
DEVELOPMENT OF AVIATION SECURITY LIAISON
AGREEMENT
Pub. L. 104–264, title III, § 309, Oct. 9, 1996, 110 Stat.
3253, provided that: ‘‘The Secretary of Transportation
and the Attorney General, acting through the Administrator of the Federal Aviation Administration and the
Director of the Federal Bureau of Investigation, shall
enter into an interagency agreement providing for the
establishment of an aviation security liaison at existing appropriate Federal agencies’ field offices in or
near cities served by a designated high-risk airport.’’
DEFINITIONS OF TERMS IN PUB. L. 107–71
For definitions of terms used in sections 104, 106(b),
(e), 117, 121, 128, and 132(a) of Pub. L. 107–71, set out
above, see section 133 of Pub. L. 107–71, set out as a note
under section 40102 of this title.

§ 44904. Domestic air transportation system security
(a) ASSESSING THREATS.—The Under Secretary
of Transportation for Security 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 Under Secretary 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 Under Secretary 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 facilities; and
(5) coordination of the activities of security
personnel of the Transportation Security Administration, the United States Customs Service, the Immigration and Naturalization Service, and air carriers, and of other law enforcement personnel.
(c) MODAL SECURITY PLAN FOR AVIATION.—In
addition to the requirements set forth in subparagraphs (B) through (F) of section 114(t)(3),1
the modal security plan for aviation prepared
under section 114(t) 1 shall—
(1) establish a damage mitigation and recovery plan for the aviation system in the event
of a terrorist attack; and
(2) include a threat matrix document that
outlines each threat to the United States civil
aviation system and the corresponding layers
of security in place to address such threat.
(d) OPERATIONAL CRITERIA.—Not later than 90
days after the date of the submission of the National Strategy for Transportation Security
under section 114(t)(4)(A),1 the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall issue operational
criteria to protect airport infrastructure and operations against the threats identified in the
plans prepared under section 114(t)(1) 1 and shall
approve best practices guidelines for airport assets.
(e) IMPROVING SECURITY.—The Under Secretary
shall take necessary actions to improve domestic air transportation security by correcting any
deficiencies in that security discovered in the
assessments, analyses, and monitoring carried
out under this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1207;
Pub. L. 107–71, title I, § 101(f)(1), (7), (9), Nov. 19,
2001, 115 Stat. 603; Pub. L. 108–458, title IV,
§ 4001(b), Dec. 17, 2004, 118 Stat. 3712.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44904(a) ......

49 App.:1357 (note).

44904(b) ......

49 App.:1357 (note).

44904(c) ......

49 App.:1357 (note).

Source (Statutes at Large)
Nov. 16, 1990, Pub. L. 101–604,
§ 106(a), (b), 104 Stat. 3075.
Nov. 16, 1990, Pub. L. 101–604,
§ 106(c), 104 Stat. 3075.
Nov. 16, 1990, Pub. L. 101–604,
§ 106(e), 104 Stat. 3075.

In subsection (a), the words ‘‘domestic air transportation system’’ are substituted for ‘‘domestic aviation
system’’ for consistency in this section.
1 See

References in Text note below.