Screening Passengers & Property

§ 44901

TITLE 49—TRANSPORTATION

1996—Pub. L. 104–264, title III, § 312(b), Oct. 9, 1996, 110
Stat. 3254, added item 44916.

SUBCHAPTER I—REQUIREMENTS
§ 44901. Screening passengers and property
(a) IN GENERAL.—The Under Secretary of
Transportation for Security shall provide for
the screening of all passengers and property, including United States mail, cargo, carry-on and
checked baggage, and other articles, that will be
carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation or intrastate air transportation. In
the case of flights and flight segments originating in the United States, the screening shall
take place before boarding and shall be carried
out by a Federal Government employee (as defined in section 2105 of title 5, United States
Code), except as otherwise provided in section
44919 or 44920 and except for identifying passengers and baggage for screening under the
CAPPS and known shipper programs and conducting positive bag-match programs.
(b) SUPERVISION OF SCREENING.—All screening
of passengers and property at airports in the
United States where screening is required under
this section shall be supervised by uniformed
Federal personnel of the Transportation Security Administration who shall have the power to
order the dismissal of any individual performing
such screening.
(c) CHECKED BAGGAGE.—A system must be in
operation to screen all checked baggage at all
airports in the United States as soon as practicable but not later than the 60th day following
the date of enactment of the Aviation and
Transportation Security Act.
(d) EXPLOSIVES DETECTION SYSTEMS.—
(1) IN GENERAL.—The Under Secretary of
Transportation for Security shall take all necessary action to ensure that—
(A) explosives detection systems are deployed as soon as possible to ensure that all
United States airports described in section
44903(c) have sufficient explosives detection
systems to screen all checked baggage no
later than December 31, 2002, and that as
soon as such systems are in place at an airport, all checked baggage at the airport is
screened by those systems; and
(B) all systems deployed under subparagraph (A) are fully utilized; and
(C) if explosives detection equipment at an
airport is unavailable, all checked baggage
is screened by an alternative means.
(2) DEADLINE.—
(A) IN GENERAL.—If, in his discretion or at
the request of an airport, the Under Secretary of Transportation for Security determines that the Transportation Security Administration is not able to deploy explosives
detection systems required to be deployed
under paragraph (1) at all airports where explosives detection systems are required by
December 31, 2002, then with respect to each
airport for which the Under Secretary
makes that determination—
(i) the Under Secretary shall submit to
the Senate Committee on Commerce,
Science, and Transportation and the House

Page 1126

of Representatives Committee on Transportation and Infrastructure a detailed
plan (which may be submitted in classified
form) for the deployment of the number of
explosives detection systems at that airport necessary to meet the requirements
of paragraph (1) as soon as practicable at
that airport but in no event later than December 31, 2003; and
(ii) the Under Secretary shall take all
necessary action to ensure that alternative means of screening all checked baggage is implemented until the requirements of paragraph (1) have been met.
(B) CRITERIA FOR DETERMINATION.—In making a determination under subparagraph (A),
the Under Secretary shall take into account—
(i) the nature and extent of the required
modifications to the airport’s terminal
buildings, and the technical, engineering,
design and construction issues;
(ii) the need to ensure that such installations and modifications are effective; and
(iii) the feasibility and cost-effectiveness
of deploying explosives detection systems
in the baggage sorting area or other nonpublic area rather than the lobby of an airport terminal building.
(C) RESPONSE.—The Under Secretary shall
respond to the request of an airport under
subparagraph (A) within 14 days of receiving
the request. A denial of request shall create
no right of appeal or judicial review.
(D) AIRPORT EFFORT REQUIRED.—Each airport with respect to which the Under Secretary makes a determination under subparagraph (A) shall—
(i) cooperate fully with the Transportation Security Administration with respect to screening checked baggage and
changes to accommodate explosives detection systems; and
(ii) make security projects a priority for
the obligation or expenditure of funds
made available under chapter 417 or 471
until explosives detection systems required to be deployed under paragraph (1)
have been deployed at that airport.
(3) REPORTS.—Until the Transportation Security Administration has met the requirements of paragraph (1), the Under Secretary
shall submit a classified report every 30 days
after the date of enactment of this Act to the
Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the progress made toward
meeting such requirements at each airport.
(4) PRECLEARANCE AIRPORTS.—
(A) IN GENERAL.—For a flight or flight segment originating at an airport outside the
United States and traveling to the United
States with respect to which checked baggage has been screened in accordance with
an aviation security preclearance agreement
between the United States and the country
in which such airport is located, the Assistant Secretary (Transportation Security Administration) may, in coordination with

Page 1127

TITLE 49—TRANSPORTATION

U.S. Customs and Border Protection, determine whether such baggage must be rescreened in the United States by an explosives detection system before such baggage
continues on any additional flight or flight
segment.
(B) AVIATION SECURITY PRECLEARANCE
AGREEMENT DEFINED.—In this paragraph, the
term ‘‘aviation security preclearance agreement’’ means an agreement that delineates
and implements security standards and protocols that are determined by the Assistant
Secretary, in coordination with U.S. Customs and Border Protection, to be comparable to those of the United States and
therefore sufficiently effective to enable passengers to deplane into sterile areas of airports in the United States.
(C) RESCREENING REQUIREMENT.—If the Administrator of the Transportation Security
Administration determines that the government of a foreign country has not maintained security standards and protocols
comparable to those of the United States at
airports at which preclearance operations
have been established in accordance with
this paragraph, the Administrator shall ensure that Transportation Security Administration personnel rescreen passengers arriving from such airports and their property in
the United States before such passengers are
permitted into sterile areas of airports in
the United States.
(D) REPORT.—The Assistant Secretary
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 an annual report on the re-screening of baggage under
this paragraph. Each such report shall include the following for the year covered by
the report:
(i) A list of airports outside the United
States from which a flight or flight segment traveled to the United States for
which the Assistant Secretary determined,
in accordance with the authority under
subparagraph (A), that checked baggage
was not required to be re-screened in the
United States by an explosives detection
system before such baggage continued on
an additional flight or flight segment.
(ii) The amount of Federal savings generated from the exercise of such authority.
(e) MANDATORY SCREENING WHERE EDS NOT
YET AVAILABLE.—As soon as practicable but not
later than the 60th day following the date of enactment of the Aviation and Transportation Security Act and until the requirements of subsection (b)(1)(A) are met, the Under Secretary
shall require alternative means for screening
any piece of checked baggage that is not
screened by an explosives detection system.
Such alternative means may include 1 or more
of the following:
(1) A bag-match program that ensures that
no checked baggage is placed aboard an aircraft unless the passenger who checked the
baggage is aboard the aircraft.

§ 44901

(2) Manual search.
(3) Search by canine explosives detection
units in combination with other means.
(4) Other means or technology approved by
the Under Secretary.
(f) CARGO DEADLINE.—A system must be in operation to screen, inspect, or otherwise ensure
the security of all cargo that is to be transported in all-cargo aircraft in air transportation
and intrastate air transportation as soon as
practicable after the date of enactment of the
Aviation and Transportation Security Act.
(g) AIR CARGO ON PASSENGER AIRCRAFT.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act
of 2007, the Secretary of Homeland Security
shall establish a system to screen 100 percent
of cargo transported on passenger aircraft operated by an air carrier or foreign air carrier
in air transportation or intrastate air transportation to ensure the security of all such
passenger aircraft carrying cargo.
(2) MINIMUM STANDARDS.—The system referred to in paragraph (1) shall require, at a
minimum, that equipment, technology, procedures, personnel, or other methods approved
by the Administrator of the Transportation
Security Administration, are used to screen
cargo carried on passenger aircraft described
in paragraph (1) to provide a level of security
commensurate with the level of security for
the screening of passenger checked baggage as
follows:
(A) 50 percent of such cargo is so screened
not later than 18 months after the date of
enactment of the Implementing Recommendations of the 9/11 Commission Act of
2007.
(B) 100 percent of such cargo is so screened
not later than 3 years after such date of enactment.
(3) REGULATIONS.—
(A) INTERIM FINAL RULE.—The Secretary of
Homeland Security may issue an interim
final rule as a temporary regulation to implement this subsection without regard to
the provisions of chapter 5 of title 5.
(B) FINAL RULE.—
(i) IN GENERAL.—If the Secretary issues
an interim final rule under subparagraph
(A), the Secretary shall issue, not later
than one year after the effective date of
the interim final rule, a final rule as a permanent regulation to implement this subsection in accordance with the provisions
of chapter 5 of title 5.
(ii) FAILURE TO ACT.—If the Secretary
does not issue a final rule in accordance
with clause (i) on or before the last day of
the one-year period referred to in clause
(i), the Secretary shall submit to the Committee on Homeland Security of the House
of Representatives, Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland
Security and Governmental Affairs of the
Senate a report explaining why the final
rule was not timely issued and providing
an estimate of the earliest date on which

§ 44901

TITLE 49—TRANSPORTATION

the final rule will be issued. The Secretary
shall submit the first such report within 10
days after such last day and submit a report to the Committees containing updated information every 30 days thereafter
until the final rule is issued.
(iii) SUPERCEDING 1 OF INTERIM FINAL
RULE.—The final rule issued in accordance
with this subparagraph shall supersede the
interim final rule issued under subparagraph (A).
(4) REPORT.—Not later than 1 year after the
date of establishment of the system under
paragraph (1), the Secretary shall submit to
the Committees referred to in paragraph
(3)(B)(ii) a report that describes the system.
(5) SCREENING DEFINED.—In this subsection
the term ‘‘screening’’ means a physical examination or non-intrusive methods of assessing
whether cargo poses a threat to transportation
security. Methods of screening include x-ray
systems, explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation Security Administration, or a physical search
together with manifest verification. The Administrator may approve additional methods
to ensure that the cargo does not pose a threat
to transportation security and to assist in
meeting the requirements of this subsection.
Such additional cargo screening methods shall
not include solely performing a review of information about the contents of cargo or verifying the identity of a shipper of the cargo
that is not performed in conjunction with
other security methods authorized under this
subsection, including whether a known shipper
is registered in the known shipper database.
Such additional cargo screening methods may
include a program to certify the security
methods used by shippers pursuant to paragraphs (1) and (2) and alternative screening
methods pursuant to exemptions referred to in
subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007.
(h) DEPLOYMENT OF ARMED PERSONNEL.—
(1) IN GENERAL.—The Under Secretary shall
order the deployment of law enforcement personnel authorized to carry firearms at each
airport security screening location to ensure
passenger safety and national security.
(2) MINIMUM REQUIREMENTS.—Except at airports required to enter into agreements under
subsection (c), the Under Secretary shall order
the deployment of at least 1 law enforcement
officer at each airport security screening location. At the 100 largest airports in the United
States, in terms of annual passenger enplanements for the most recent calendar year for
which data are available, the Under Secretary
shall order the deployment of additional law
enforcement personnel at airport security
screening locations if the Under Secretary determines that the additional deployment is
necessary to ensure passenger safety and national security.
(i) EXEMPTIONS AND ADVISING CONGRESS ON
REGULATIONS.—The Under Secretary—
1 So

in original.

Page 1128

(1) may exempt from this section air transportation operations, except scheduled passenger operations of an air carrier providing
air transportation under a certificate issued
under section 41102 of this title or a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to
be prescribed under this section at least 30
days before the effective date of the regulation, unless the Under Secretary decides an
emergency exists requiring the regulation to
become effective in fewer than 30 days and notifies Congress of that decision.
(j) BLAST-RESISTANT CARGO CONTAINERS.—
(1) IN GENERAL.—Before January 1, 2008, the
Administrator of the Transportation Security
Administration shall—
(A) evaluate the results of the blast-resistant cargo container pilot program that was
initiated before the date of enactment of
this subsection; and
(B) prepare and distribute through the
Aviation Security Advisory Committee to
the appropriate Committees of Congress and
air carriers a report on that evaluation
which may contain nonclassified and classified sections.
(2) ACQUISITION, MAINTENANCE, AND REPLACEMENT.—Upon completion and consistent with
the results of the evaluation that paragraph
(1)(A) requires, the Administrator shall—
(A) develop and implement a program, as
the Administrator determines appropriate,
to acquire, maintain, and replace blast-resistant cargo containers;
(B) pay for the program; and
(C) make available blast-resistant cargo
containers to air carriers pursuant to paragraph (3).
(3) DISTRIBUTION TO AIR CARRIERS.—The Administrator shall make available, beginning
not later than July 1, 2008, blast-resistant
cargo containers to air carriers for use on a
risk managed basis as determined by the Administrator.
(k) GENERAL AVIATION AIRPORT SECURITY
GRAM.—
(1) IN GENERAL.—Not later than one

PRO-

year
after the date of enactment of this subsection,
the Administrator of the Transportation Security Administration shall—
(A) develop a standardized threat and vulnerability assessment program for general
aviation airports (as defined in section
47134(m)); and
(B) implement a program to perform such
assessments on a risk-managed basis at general aviation airports.

(2) GRANT PROGRAM.—Not later than 6
months after the date of enactment of this
subsection, the Administrator shall initiate
and complete a study of the feasibility of a
program, based on a risk-managed approach,
to provide grants to operators of general aviation airports (as defined in section 47134(m))
for projects to upgrade security at such airports. If the Administrator determines that
such a program is feasible, the Administrator
shall establish such a program.

Page 1129

§ 44901

TITLE 49—TRANSPORTATION

(3) APPLICATION TO GENERAL AVIATION AIRCRAFT.—Not later than 180 days after the date
of enactment of this subsection, the Administrator shall develop a risk-based system under
which—
(A) general aviation aircraft, as identified
by the Administrator, in coordination with
the Administrator of the Federal Aviation
Administration, are required to submit passenger information and advance notification
requirements for United States Customs and
Border Protection before entering United
States airspace; and
(B) such information is checked against
appropriate databases.
(4) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to the
Administrator of the Transportation Security
Administration such sums as may be necessary to carry out paragraphs (2) and (3).
(l) LIMITATIONS ON USE OF ADVANCED IMAGING
TECHNOLOGY FOR SCREENING PASSENGERS.—
(1) DEFINITIONS.—In this subsection, the following definitions apply:
(A) ADVANCED IMAGING TECHNOLOGY.—The
term ‘‘advanced imaging technology’’—
(i) means a device used in the screening
of passengers that creates a visual image
of an individual showing the surface of the
skin and revealing other objects on the
body; and
(ii)
may
include
devices
using
backscatter x-rays or millimeter waves
and devices referred to as ‘‘whole-body imaging technology’’ or ‘‘body scanning machines’’.
(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional
committees’’ means—
(i) the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii) the Committee on Homeland Security of the House of Representatives.
(C) AUTOMATIC TARGET RECOGNITION SOFTWARE.—The term ‘‘automatic target recognition software’’ means software installed on
an advanced imaging technology that produces a generic image of the individual being
screened that is the same as the images produced for all other screened individuals.
(2) USE OF ADVANCED IMAGING TECHNOLOGY.—
Beginning June 1, 2012, the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall ensure that
any advanced imaging technology used for the
screening of passengers under this section—
(A) is equipped with and employs automatic target recognition software; and
(B) complies with such other requirements
as the Assistant Secretary determines necessary to address privacy considerations.
(3) EXTENSION.—
(A) IN GENERAL.—The Assistant Secretary
may extend the deadline specified in paragraph (2), if the Assistant Secretary determines that—

(i) an advanced imaging technology
equipped with automatic target recognition software is not substantially as effective at screening passengers as an advanced imaging technology without such
software; or
(ii) additional testing of such software is
necessary.
(B) DURATION OF EXTENSIONS.—The Assistant Secretary may issue one or more extensions under subparagraph (A). The duration
of each extension may not exceed one year.
(4) REPORTS.—
(A) IN GENERAL.—Not later than 60 days
after the deadline specified in paragraph (2),
and not later than 60 days after the date on
which the Assistant Secretary issues any extension under paragraph (3), the Assistant
Secretary shall submit to the appropriate
congressional committees a report on the
implementation of this subsection.
(B) ELEMENTS.—A report submitted under
subparagraph (A) shall include the following:
(i) A description of all matters the Assistant Secretary considers relevant to the
implementation of the requirements of
this subsection.
(ii) The status of compliance by the
Transportation Security Administration
with such requirements.
(iii) If the Administration is not in full
compliance with such requirements—
(I) the reasons for the noncompliance;
and
(II) a timeline depicting when the Assistant Secretary expects the Administration to achieve full compliance.
(C) SECURITY CLASSIFICATION.—To the
greatest extent practicable, a report prepared under subparagraph (A) shall be submitted in an unclassified format. If necessary, the report may include a classified
annex.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204;
Pub. L. 107–71, title I, §§ 101(f)(7), 110(b), Nov. 19,
2001, 115 Stat. 603, 614; Pub. L. 107–296, title IV,
§ 425, Nov. 25, 2002, 116 Stat. 2185; Pub. L. 110–53,
title XVI, §§ 1602(a), 1609, 1617, Aug. 3, 2007, 121
Stat. 477, 484, 488; Pub. L. 112–95, title VIII, § 826,
Feb. 14, 2012, 126 Stat. 132; Pub. L. 112–218, § 2,
Dec. 20, 2012, 126 Stat. 1593; Pub. L. 114–125, title
VIII, § 815, Feb. 24, 2016, 130 Stat. 220.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44901(a) ......

49 App.:1356(a) (1st
sentence).

44901(b) ......

49 App.:1356(a) (2d
sentence).
49 App.:1356(c).

44901(c)(1) ..

44901(c)(2) ..

49 App.:1356(a) (3d
sentence 19th–last
words).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 315(a) (1st, 2d
sentences, 3d sentence
19th–last words); added
Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 415;
Aug. 8, 1985, Pub. L. 99–83,
§ 551(b)(1), 99 Stat. 225.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 315(c); added
Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 415;
Nov. 16, 1990, Pub. L.
101–604, § 102(a), 104 Stat.
3068.

§ 44901

TITLE 49—TRANSPORTATION

In subsection (a), the words ‘‘or continue in effect
reasonable’’, ‘‘intended’’, and ‘‘the aircraft for such
transportation’’ are omitted as surplus.
In subsection (b), the words ‘‘Notwithstanding subsection (a) of this section’’ are added for clarity. The
words ‘‘One year after August 5, 1974, or after the effective date of such regulations, whichever is later’’ are
omitted as executed. The words ‘‘alter or’’, ‘‘a continuation of’’, ‘‘the extent deemed necessary to’’, and ‘‘acts
of’’ are omitted as surplus.
In subsection (c)(1), the words ‘‘in whole or in part’’
and ‘‘those’’ are omitted as surplus. The word ‘‘providing’’ is substituted for ‘‘engaging in’’ for consistency in
the revised title. The words ‘‘interstate, overseas, or
foreign’’ are omitted because of the definition of ‘‘air
transportation’’ in section 40102(a) of the revised title.
The words ‘‘of public convenience and necessity’’, ‘‘by
the Civil Aeronautics Board’’, ‘‘foreign air carrier’’, and
‘‘by the Board’’ are omitted as surplus.
In subsection (c)(2), the words ‘‘or amendments thereto’’ and ‘‘or amendments’’ are omitted as surplus.
REFERENCES IN TEXT
The date of enactment of the Aviation and Transportation Security Act, referred to in subsecs. (c), (e), and
(f), 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. (d)(3), probably means the date of enactment of
Pub. L. 107–296, which enacted subsec. (d)(2), (3) of this
section and was approved Nov. 25, 2002.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, such
date of enactment, and the date of enactment of this
subsection, referred to in subsecs. (g)(1), (2), (j)(1)(A),
and (k)(1)–(3), is the date of enactment of Pub. L. 110–53,
which was approved Aug. 3, 2007.
Subsection (b) of section 1602 of the Implementing
Recommendations of the 9/11 Commission Act of 2007,
referred to in subsec. (g)(5), is section 1602(b) of Pub. L.
110–53, title XVI, Aug. 3, 2007, 121 Stat. 479, which is not
classified to the Code.
AMENDMENTS
2016—Subsec. (d)(4)(C), (D). Pub. L. 114–125 added subpar. (C) and redesignated former subpar. (C) as (D).
2012—Subsec. (d). Pub. L. 112–218, § 2(b), which directed substitution of ‘‘explosives’’ for ‘‘explosive’’
wherever appearing in this section, was executed in
subsec. (d) by making such substitution wherever appearing in text as well as by substituting ‘‘Explosives’’
for ‘‘Explosive’’ in heading, to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 112–218, § 2(a), added par. (4).
Subsec. (e). Pub. L. 112–218, § 2(b), substituted ‘‘explosives’’ for ‘‘explosive’’ in introductory provisions and in
par. (3).
Subsec. (l). Pub. L. 112–95 added subsec. (l).
2007—Subsecs. (g) to (i). Pub. L. 110–53, § 1602(a), added
subsec. (g) and redesignated former subsecs. (g) and (h)
as (h) and (i), respectively.
Subsec. (j). Pub. L. 110–53, § 1609, added subsec. (j).
Subsec. (k). Pub. L. 110–53, § 1617, added subsec. (k).
2002—Subsec. (d)(2), (3). Pub. L. 107–296 added pars. (2)
and (3).
2001—Subsec. (a). Pub. L. 107–71, § 110(b)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘The Administrator of
the Federal Aviation Administration shall prescribe
regulations requiring screening of all passengers and
property that will be carried in a cabin of an aircraft
in air transportation or intrastate air transportation.
The screening must take place before boarding and be
carried out by a weapon-detecting facility or procedure
used or operated by an employee or agent of an air carrier, intrastate air carrier, or foreign air carrier.’’
Subsec. (b). Pub. L. 107–71, § 110(b)(2), added subsec. (b)
and struck out heading and text of former subsec. (b).
Text read as follows: ‘‘Notwithstanding subsection (a)

Page 1130

of this section, the Administrator may amend a regulation prescribed under subsection (a) to require screening only to ensure security against criminal violence
and aircraft piracy in air transportation and intrastate
air transportation.’’
Subsec. (c). Pub. L. 107–71, § 110(b)(2), added subsec.
(c). Former subsec. (c) redesignated (h).
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions
and par. (2).
Subsecs. (d) to (g). Pub. L. 107–71, § 110(b)(2), added
subsecs. (d) to (g).
Subsec. (h). Pub. L. 107–71, § 110(b)(1), redesignated
subsec. (c) as (h).
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.
SAVINGS PROVISION
Pub. L. 107–71, title I, § 141, Nov. 19, 2001, 115 Stat. 643,
provided that:
‘‘(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as
otherwise provided in this Act [see Tables for classification], those personnel, property, and records employed, used, held, available, or to be made available in
connection with a function transferred to the Transportation Security Administration by this Act shall be
transferred to the Transportation Security Administration for use in connection with the functions transferred. Unexpended balances of appropriations, allocations, and other funds made available to the Federal
Aviation Administration to carry out such functions
shall also be transferred to the Transportation Security Administration for use in connection with the
functions transferred.
‘‘(b) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts,
settlements, agreements, certificates, licenses, and
privileges—
‘‘(1) that have been issued, made, granted, or allowed to become effective by the Federal Aviation
Administration, any officer or employee thereof, or
any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and
‘‘(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant
to their terms as in effect on such effective date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in accordance with law by the Under Secretary
of Transportation for Security, any other authorized
official, a court of competent jurisdiction, or operation of law.
‘‘(c) PROCEEDINGS.—
‘‘(1) IN GENERAL.—The provisions of this Act shall
not affect any proceedings or any application for any
license pending before the Federal Aviation Administration at the time this Act takes effect [Nov. 19,
2001], insofar as those functions are transferred by
this Act; but such proceedings and applications, to
the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders,
as if this Act had not been enacted; and orders issued
in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent jurisdiction, or by operation of law.
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this
subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and
conditions and to the same extent that such proceeding could have been discontinued or modified if this
Act had not been enacted.

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‘‘(3) ORDERLY TRANSFER.—The Secretary of Transportation is authorized to provide for the orderly
transfer of pending proceedings from the Federal
Aviation Administration.
‘‘(d) SUITS.—
‘‘(1) IN GENERAL.—This Act shall not affect suits
commenced before the date of the enactment of this
Act [Nov. 19, 2001], except as provided in paragraphs
(2) and (3). In all such suits, proceeding shall be had,
appeals taken, and judgments rendered in the same
manner and with the same effect as if this Act had
not been enacted.
‘‘(2) SUITS BY OR AGAINST FAA.—Any suit by or
against the Federal Aviation Administration begun
before the date of the enactment of this Act shall be
continued, insofar as it involves a function retained
and transferred under this Act, with the Transportation Security Administration (to the extent the
suit involves functions transferred to the Transportation Security Administration under this Act) substituted for the Federal Aviation Administration.
‘‘(3) REMANDED CASES.—If the court in a suit described in paragraph (1) remands a case to the Transportation Security Administration, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect
at the time of such subsequent proceedings.
‘‘(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No
suit, action, or other proceeding commenced by or
against any officer in his official capacity as an officer
of the Federal Aviation Administration shall abate by
reason of the enactment of this Act. No cause of action
by or against the Federal Aviation Administration, or
by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act.
‘‘(f) EXERCISE OF AUTHORITIES.—Except as otherwise
provided by law, an officer or employee of the Transportation Security Administration may, for purposes of
performing a function transferred by this Act or the
amendments made by this Act, exercise all authorities
under any other provision of law that were available
with respect to the performance of that function to the
official responsible for the performance of the function
immediately before the effective date of the transfer of
the function under this Act.
‘‘(g) ACT DEFINED.—In this section, the term ‘Act’ includes the amendments made by this Act.’’

the rights and responsibilities of an air carrier or foreign air carrier contract for provision of passenger
screening services at airports in the United States described in section 44903(c), subject to payment of adequate compensation to parties to the contract, if any.
‘‘(3) ASSIGNMENT OF CONTRACTS.—
‘‘(A) IN GENERAL.—Upon request of the Under Secretary, an air carrier or foreign air carrier carrying
out a screening or security function under chapter 449
of title 49, United States Code, may enter into an
agreement with the Under Secretary to transfer any
contract the carrier has entered into with respect to
carrying out the function, before the Under Secretary
assumes responsibility for the function.
‘‘(B) SCHEDULE.—The Under Secretary may enter
into an agreement under subparagraph (A) as soon as
possible, but not later than 90 days after the date of
enactment of this Act [Nov. 19, 2001]. The Under Secretary may enter into such an agreement for one 180day period and may extend such agreement for one
90-day period if the Under Secretary determines it
necessary.
‘‘(4) TRANSFER OF OWNERSHIP.—In recognition of the
assumption of the financial costs of security screening
of passengers and property at airports, and as soon as
practical after the date of enactment of this Act [Nov.
19, 2001], air carriers may enter into agreements with
the Under Secretary to transfer the ownership, at no
cost to the United States Government, of any personal
property, equipment, supplies, or other material associated with such screening, regardless of the source of
funds used to acquire the property, that the Secretary
determines to be useful for the performance of security
screening of passengers and property at airports.
‘‘(5) PERFORMANCE OF UNDER SECRETARY’S FUNCTIONS
DURING INTERIM PERIOD.—Until the Under Secretary
takes office, the functions of the Under Secretary that
relate to aviation security may be carried out by the
Secretary or the Secretary’s designee.’’

TRANSFER OF FUNCTIONS

‘‘SEC. 2. TSA SECURITY SCREENING GUIDELINES
FOR BABY FORMULA, BREAST MILK, PURIFIED
DEIONIZED WATER FOR INFANTS, AND JUICE
ON AIRPLANES; TRAINING ON SPECIAL PROCEDURES.
‘‘Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2016], the Administrator of
the Transportation Security Administration shall—
‘‘(1) notify air carriers and security screening personnel of the Transportation Security Administration and personnel of private security companies providing security screening pursuant to section 44920 of
title 49, United States Code, of such Administration’s
guidelines regarding permitting baby formula, breast
milk, purified deionized water for infants, and juice
on airplanes under the Administration’s guidelines
known as the 3–1–1 Liquids Rule Exemption; and
‘‘(2) in training procedures for security screening
personnel of the Administration and private security
companies providing security screening pursuant to
section 44920 of title 49, United States Code, include
training on special screening procedures.’’

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.
TRANSITION PROVISIONS
Pub. L. 107–71, title I, § 101(g), Nov. 19, 2001, 115 Stat.
603, provided that:
‘‘(1) SCHEDULE FOR ASSUMPTION OF CIVIL AVIATION SECURITY FUNCTIONS.—Not later than 3 months after the
date of enactment of this Act [Nov. 19, 2001], the Under
Secretary of Transportation for Security shall assume
civil aviation security functions and responsibilities
under chapter 449 of title 49, United States Code, as
amended by this Act, in accordance with a schedule to
be developed by the Secretary of Transportation, in
consultation with air carriers, foreign air carriers, and
the Administrator of the Federal Aviation Administration. The Under Secretary shall publish an appropriate
notice of the transfer of such security functions and responsibilities before assuming the functions and responsibilities.
‘‘(2) ASSUMPTION OF CONTRACTS.—As of the date specified in paragraph (1), the Under Secretary may assume

BOTTLES AND BREASTFEEDING EQUIPMENT SCREENING
Pub. L. 114–293, Dec. 16, 2016, 130 Stat. 1503, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Bottles and Breastfeeding Equipment Screening Act’.

AVIATION SECURITY
Pub. L. 114–190, title III, §§ 3001–3506, July 15, 2016, 130
Stat. 649–664, provided that:
‘‘SEC. 3001. SHORT TITLE.
‘‘This title [amending section 44946 of this title and
sections 607, 609, and 1112 of Title 6, Domestic Security,
and enacting this note] may be cited as the ‘Aviation
Security Act of 2016’.

§ 44901

TITLE 49—TRANSPORTATION

‘‘SEC. 3002. DEFINITIONS.
‘‘In this title:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Transportation Security Administration.
‘‘(2) DEPARTMENT.—The term ‘Department’ means
the Department of Homeland Security.
‘‘(3) PRECHECK PROGRAM.—The term ‘PreCheck Program’ means the trusted traveler program implemented by the Transportation Security Administration under section 109(a)(3) of the Aviation and Transportation Security Act (Public Law 107–71; 49 U.S.C.
114 note).
‘‘(4) TSA.—The term ‘TSA’ means the Transportation Security Administration.
‘‘SUBTITLE A—TSA PRECHECK EXPANSION
‘‘SEC. 3101. PRECHECK PROGRAM AUTHORIZATION.
‘‘The Administrator shall continue to administer the
PreCheck Program.
‘‘SEC. 3102. PRECHECK PROGRAM ENROLLMENT
EXPANSION.
‘‘(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act [July 15, 2016], the Administrator shall publish PreCheck Program enrollment standards that add multiple private sector application capabilities for the PreCheck Program to increase the public’s enrollment access to the program,
including standards that allow the use of secure technologies, including online enrollment, kiosks, tablets,
or staffed laptop stations at which individuals can
apply for entry into the program.
‘‘(b) REQUIREMENTS.—Upon publication of the
PreCheck Program enrollment standards under subsection (a), the Administrator shall—
‘‘(1) coordinate with interested parties—
‘‘(A) to deploy TSA-approved ready-to-market
private sector solutions that meet the PreCheck
Program enrollment standards under such subsection;
‘‘(B) to make available additional PreCheck Program enrollment capabilities; and
‘‘(C) to offer secure online and mobile enrollment
opportunities;
‘‘(2) partner with the private sector to collect biographic and biometric identification information via
kiosks, mobile devices, or other mobile enrollment
platforms to increase enrollment flexibility and minimize the amount of travel to enrollment centers for
applicants;
‘‘(3) ensure that any information, including biographic information, is collected in a manner that—
‘‘(A) is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology; and
‘‘(B) protects privacy and data security, including
that any personally identifiable information is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States
Code (commonly known as ‘Privacy Act of 1974’),
and with agency regulations;
‘‘(4) ensure that the enrollment process is streamlined and flexible to allow an individual to provide
additional information to complete enrollment and
verify identity;
‘‘(5) ensure that any enrollment expansion using a
private sector risk assessment instead of a fingerprint-based criminal history records check is evaluated and certified by the Secretary of Homeland Security, and verified by the Government Accountability Office or a federally funded research and development center after award to be equivalent to a fingerprint-based criminal history records check conducted
through the Federal Bureau of Investigation with respect to the effectiveness of identifying individuals
who are not qualified to participate in the PreCheck
Program due to disqualifying criminal history; and
‘‘(6) ensure that the Secretary has certified that
reasonable procedures are in place with regard to the

Page 1132

accuracy, relevancy, and proper utilization of information employed in private sector risk assessments.
‘‘(c) MARKETING OF PRECHECK PROGRAM.—Upon publication of PreCheck Program enrollment standards
under subsection (a), the Administrator shall—
‘‘(1) in accordance with such standards, develop and
implement—
‘‘(A) a continual process, including an associated
timeframe, for approving private sector marketing
of the PreCheck Program; and
‘‘(B) a long-term strategy for partnering with the
private sector to encourage enrollment in such program;
‘‘(2) submit to Congress, at the end of each fiscal
year, a report on any PreCheck Program application
fees collected in excess of the costs of administering
the program, including to assess the feasibility of the
program, for such fiscal year, and recommendations
for using such fees to support marketing of the program.
‘‘(d) IDENTITY VERIFICATION ENHANCEMENT.—Not later
than 120 days after the date of enactment of this Act,
the Administrator shall—
‘‘(1) coordinate with the heads of appropriate components of the Department to leverage Departmentheld data and technologies to verify the citizenship of
individuals enrolling in the PreCheck Program;
‘‘(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute
of Standards and Technology, to facilitate enrollment in the program; and
‘‘(3) consider leveraging the existing resources and
abilities of airports to conduct fingerprint and background checks to expedite identity verification.
‘‘(e) PRECHECK PROGRAM LANES OPERATION.—The Administrator shall—
‘‘(1) ensure that PreCheck Program screening lanes
are open and available during peak and high-volume
travel times at appropriate airports to individuals
enrolled in the PreCheck Program; and
‘‘(2) make every practicable effort to provide expedited screening at standard screening lanes during
times when PreCheck Program screening lanes are
closed to individuals enrolled in the program in order
to maintain operational efficiency.
‘‘(f) VETTING FOR PRECHECK PROGRAM PARTICIPANTS.—
Not later than 90 days after the date of enactment of
this Act, the Administrator shall initiate an assessment to identify any security vulnerabilities in the
vetting process for the PreCheck Program, including
determining whether subjecting PreCheck Program
participants to recurrent fingerprint-based criminal
history records checks, in addition to recurrent checks
against the terrorist watchlist, could be done in a costeffective manner to strengthen the security of the
PreCheck Program.
‘‘SUBTITLE B—SECURING AVIATION FROM FOREIGN
ENTRY POINTS AND GUARDING AIRPORTS THROUGH
ENHANCED SECURITY
‘‘SEC. 3201. LAST POINT OF DEPARTURE AIRPORT
SECURITY ASSESSMENT.
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [July 15, 2016], the Administrator shall conduct a comprehensive security
risk assessment of all last point of departure airports
with nonstop flights to the United States.
‘‘(b) CONTENTS.—The security risk assessment required under subsection (a) shall include consideration
of the following:
‘‘(1) The level of coordination and cooperation between the TSA and the foreign government of the
country in which the last point of departure airport
with nonstop flights to the United States is located.
‘‘(2) The intelligence and threat mitigation capabilities of the country in which such airport is located.
‘‘(3) The number of known or suspected terrorists
annually transiting through such airport.

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TITLE 49—TRANSPORTATION

‘‘(4) The degree to which the foreign government of
the country in which such airport is located mandates, encourages, or prohibits the collection, analysis, and sharing of passenger name records.
‘‘(5) The passenger security screening practices, capabilities, and capacity of such airport.
‘‘(6) The security vetting undergone by aviation
workers at such airport.
‘‘(7) The access controls utilized by such airport to
limit to authorized personnel access to secure and
sterile areas of such airports.
‘‘SEC. 3202. SECURITY COORDINATION ENHANCEMENT PLAN.
‘‘(a) IN GENERAL.—Not later than 240 days after the
date of enactment of this Act [July 15, 2016], the Administrator shall submit to Congress and the Government Accountability Office a plan—
‘‘(1) to enhance and bolster security collaboration,
coordination, and information sharing relating to securing international-inbound aviation between the
United States and domestic and foreign partners, including U.S. Customs and Border Protection, foreign
government entities, passenger air carriers, cargo air
carriers, and United States Government entities, in
order to enhance security capabilities at foreign airports, including airports that may not have nonstop
flights to the United States but are nonetheless determined by the Administrator to be high risk; and
‘‘(2) that includes an assessment of the ability of
the TSA to enter into a mutual agreement with a foreign government entity that permits TSA representatives to conduct without prior notice inspections of
foreign airports.
‘‘(b) GAO REVIEW.—Not later than 180 days after the
submission of the plan required under subsection (a),
the Comptroller General of the United States shall review the efforts, capabilities, and effectiveness of the
TSA to enhance security capabilities at foreign airports and determine if the implementation of such efforts and capabilities effectively secures internationalinbound aviation.
‘‘SEC. 3203. WORKFORCE ASSESSMENT.
‘‘Not later than 270 days after the date of enactment
of this Act [July 15, 2016], the Administrator shall submit to Congress a comprehensive workforce assessment
of all TSA personnel within the Office of Global Strategies of the TSA or whose primary professional duties
contribute to the TSA’s global efforts to secure transportation security, including a review of whether such
personnel are assigned in a risk-based, intelligencedriven manner.
‘‘SEC. 3204. DONATION OF SCREENING EQUIPMENT
TO PROTECT THE UNITED STATES.
‘‘(a) IN GENERAL.—The Administrator is authorized to
donate security screening equipment to a foreign last
point of departure airport operator if such equipment
can be reasonably expected to mitigate a specific vulnerability to the security of the United States or
United States citizens.
‘‘(b) REPORT.—Not later than 30 days before any donation of security screening equipment pursuant to subsection (a), the Administrator shall provide to the
Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a detailed written explanation of the following:
‘‘(1) The specific vulnerability to the United States
or United States citizens that will be mitigated by
such donation.
‘‘(2) An explanation as to why the recipient of such
donation is unable or unwilling to purchase security
screening equipment to mitigate such vulnerability.
‘‘(3) An evacuation plan for sensitive technologies
in case of emergency or instability in the country to
which such donation is being made.
‘‘(4) How the Administrator will ensure the security
screening equipment that is being donated is used

§ 44901

and maintained over the course of its life by the recipient.
‘‘(5) The total dollar value of such donation.
‘‘SEC. 3205. NATIONAL CARGO SECURITY PROGRAM.
‘‘(a) IN GENERAL.—The Administrator may evaluate
foreign countries’ air cargo security programs to determine whether such programs provide a level of security
commensurate with the level of security required by
United States air cargo security programs.
‘‘(b) APPROVAL AND RECOGNITION.—
‘‘(1) IN GENERAL.—If the Administrator determines
that a foreign country’s air cargo security program
evaluated under subsection (a) provides a level of security commensurate with the level of security required by United States air cargo security programs,
the Administrator shall approve and officially recognize such foreign country’s air cargo security program.
‘‘(2) EFFECT OF APPROVAL AND RECOGNITION.—If the
Administrator approves and officially recognizes pursuant to paragraph (1) a foreign country’s air cargo
security program, an aircraft transporting cargo that
is departing such foreign country shall not be required to adhere to United States air cargo security
programs that would otherwise be applicable.
‘‘(c) REVOCATION AND SUSPENSION.—
‘‘(1) IN GENERAL.—If the Administrator determines
at any time that a foreign country’s air cargo security program approved and officially recognized
under subsection (b) no longer provides a level of security commensurate with the level of security required by United States air cargo security programs,
the Administrator may revoke or temporarily suspend such approval and official recognition until such
time as the Administrator determines that such foreign country’s cargo security programs provide a
level of security commensurate with the level of security required by such United States air cargo security programs.
‘‘(2) NOTIFICATION.—If the Administrator revokes or
suspends pursuant to paragraph (1) a foreign country’s air cargo security program, the Administrator
shall notify the Committee on Homeland Security of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later than 30 days after such revocation or
suspension.
‘‘(d) APPLICATION.—This section shall apply irrespective of whether cargo is transported on an aircraft of
an air carrier, a foreign air carrier, a cargo carrier, or
a foreign cargo carrier.
‘‘SEC. 3206. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.
‘‘(a) IN GENERAL.—The Administrator shall establish
an international training and capacity development
program to train the appropriate authorities of foreign
governments in air transportation security.
‘‘(b) CONTENTS OF TRAINING.—If the Administrator determines that a foreign government would benefit from
training and capacity development assistance pursuant
to subsection (a), the Administrator may provide to the
appropriate authorities of such foreign government
technical assistance and training programs to strengthen aviation security in managerial, operational, and
technical areas, including—
‘‘(1) active shooter scenarios;
‘‘(2) incident response;
‘‘(3) use of canines;
‘‘(4) mitigation of insider threats;
‘‘(5) perimeter security;
‘‘(6) operation and maintenance of security screening technology; and
‘‘(7) recurrent related training and exercises.
‘‘SUBTITLE C—CHECKPOINT OPTIMIZATION AND
EFFICIENCY
‘‘SEC. 3301. SENSE OF CONGRESS.
‘‘It is the sense of Congress that airport checkpoint
wait times should not take priority over the security of
the aviation system of the United States.

§ 44901

TITLE 49—TRANSPORTATION

‘‘SEC. 3302. ENHANCED STAFFING ALLOCATION
MODEL.
‘‘(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act [July 15, 2016], the
Administrator shall complete an assessment of the
TSA’s staffing allocation model to determine the necessary staffing positions at all airports in the United
States at which the TSA operates passenger checkpoints.
‘‘(b) APPROPRIATE STAFFING.—The staffing allocation
model described in subsection (a) shall be based on necessary staffing levels to maintain minimal passenger
wait times and maximum security effectiveness.
‘‘(c) ADDITIONAL RESOURCES.—In assessing necessary
staffing for minimal passenger wait times and maximum security effectiveness referred to in subsection
(b), the Administrator shall include the use of canine
explosives detection teams and technology to assist
screeners conducting security checks.
‘‘(d) TRANSPARENCY.—The Administrator shall share
with aviation security stakeholders the staffing allocation model described in subsection (a), as appropriate.
‘‘(e) EXCHANGE OF INFORMATION.—The Administrator
shall require each Federal Security Director to engage
on a regular basis with the appropriate aviation security stakeholders to exchange information regarding
airport operations, including security operations.
‘‘(f) GAO REVIEW.—Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the United States shall review the staffing allocation model described in subsection (a) and report to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the results of such review.
‘‘SEC. 3303. EFFECTIVE UTILIZATION OF STAFFING
RESOURCES.
‘‘(a) IN GENERAL.—To the greatest extent practicable,
the Administrator shall direct that Transportation Security Officers with appropriate certifications and
training are assigned to passenger and baggage security
screening functions and that other TSA personnel who
may not have certification and training to screen passengers or baggage are utilized for tasks not directly
related to security screening, including restocking bins
and providing instructions and support to passengers in
security lines.
‘‘(b) ASSESSMENT AND REASSIGNMENT.—The Administrator shall conduct an assessment of headquarters personnel and reassign appropriate personnel to assist
with airport security screening activities on a permanent or temporary basis, as appropriate.
‘‘SEC. 3304. TSA STAFFING AND RESOURCE ALLOCATION.
‘‘(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act [July 15, 2016], the
Administrator shall take the following actions:
‘‘(1) Utilize the TSA’s Behavior Detection Officers
for passenger and baggage security screening, including the verification of traveler documents, particularly at designated PreCheck Program lanes to ensure that such lanes are operational for use and maximum efficiency.
‘‘(2) Make every practicable effort to grant additional flexibility and authority to Federal Security
Directors in matters related to checkpoint and
checked baggage staffing allocation and employee
overtime in furtherance of maintaining minimal passenger wait times and maximum security effectiveness.
‘‘(3) Disseminate to aviation security stakeholders
and appropriate TSA personnel a list of checkpoint
optimization best practices.
‘‘(4) Request the Aviation Security Advisory Committee (established pursuant to section 44946 of title
49, United States Code) provide recommendations on
best practices for checkpoint security operations optimization.

Page 1134

‘‘(b) STAFFING ADVISORY COORDINATION.—Not later
than 30 days after the date of the enactment of this
Act, the Administrator shall—
‘‘(1) direct each Federal Security Director to coordinate local representatives of aviation security
stakeholders to establish a staffing advisory working
group at each airport at which the TSA oversees or
performs passenger security screening to provide recommendations to the Administrator on Transportation Security Officer staffing numbers, for each
such airport; and
‘‘(2) certify to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the
Senate that such staffing advisory working groups
have been established.
‘‘(c) REPORTING.—Not later than 60 days after the
date of the enactment of this Act, the Administrator
shall—
‘‘(1) report to the Committee on Homeland Security
of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the
Senate regarding how the TSA’s Passenger Screening
Canine assets may be deployed and utilized for maximum efficiency to mitigate risk and optimize checkpoint operations; and
‘‘(2) report to the Committee on Homeland Security
of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the
Senate on the status of the TSA’s Credential Authentication Technology Assessment program and how deployment of such program might optimize checkpoint
operations.
‘‘SEC. 3305. AVIATION SECURITY STAKEHOLDERS
DEFINED.
‘‘For purposes of this subtitle, the term ‘aviation security stakeholders’ shall mean, at a minimum, air carriers, airport operators, and labor organizations representing Transportation Security Officers or, where
applicable, contract screeners.
‘‘SEC. 3306. RULE OF CONSTRUCTION.
‘‘Nothing in this subtitle may be construed as authorizing or directing the Administrator to prioritize
reducing wait times over security effectiveness.
‘‘SUBTITLE D—AVIATION SECURITY ENHANCEMENT AND
OVERSIGHT
‘‘SEC. 3401. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘appropriate congressional committees’ means—
‘‘(A) the Committee on Homeland Security of the
House of Representatives;
‘‘(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
‘‘(C) the Committee on Commerce, Science, and
Transportation of the Senate.
‘‘(2) ASAC.—The term ‘ASAC’ means the Aviation
Security Advisory Committee established under section 44946 of title 49, United States Code.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the
Secretary of Homeland Security.
‘‘(4) SIDA.—The term ‘SIDA’ means the Secure
Identification Display Area as such term is defined in
section 1540.5 of title 49, Code of Federal Regulations,
or any successor regulation to such section.
‘‘SEC. 3402. THREAT ASSESSMENT.
‘‘(a) INSIDER THREATS.—
‘‘(1) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act [July 15, 2016], the
Administrator shall conduct or update an assessment
to determine the level of risk posed to the domestic
air transportation system by individuals with unescorted access to a secure area of an airport (as such
term is defined in section 44903(j)(2)(H)) in light of recent international terrorist activity.
‘‘(2) CONSIDERATIONS.—In conducting or updating
the assessment under paragraph (1), the Administrator shall consider—

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TITLE 49—TRANSPORTATION

‘‘(A) domestic intelligence;
‘‘(B) international intelligence;
‘‘(C) the vulnerabilities associated with unescorted access authority granted to domestic airport
operators and air carriers, and their workers;
‘‘(D) the vulnerabilities associated with unescorted access authority granted to foreign airport
operators and air carriers, and their workers;
‘‘(E) the processes and practices designed to mitigate the vulnerabilities associated with unescorted
access privileges granted to airport operators and
air carriers, and their workers;
‘‘(F) the recent security breaches at domestic and
foreign airports; and
‘‘(G) the recent security improvements at domestic airports, including the implementation of recommendations made by relevant advisory committees, including the ASAC.
‘‘(b) REPORTS.—The Administrator shall submit to
the appropriate congressional committees—
‘‘(1) a report on the results of the assessment under
subsection (a), including any recommendations for
improving aviation security;
‘‘(2) a report on the implementation status of any
recommendations made by the ASAC; and
‘‘(3) regular updates about the insider threat environment as new information becomes available or as
needed.
‘‘SEC. 3403. OVERSIGHT.
‘‘(a) ENHANCED REQUIREMENTS.—
‘‘(1) IN GENERAL.—Subject to public notice and comment, and in consultation with airport operators, the
Administrator shall update the rules on access controls issued by the Secretary under chapter 449 of
title 49, United States Code.
‘‘(2) CONSIDERATIONS.—As part of the update under
paragraph (1), the Administrator shall consider—
‘‘(A) increased fines and advanced oversight for
airport operators that report missing more than
five percent of credentials for unescorted access to
any SIDA of an airport;
‘‘(B) best practices for Category X airport operators that report missing more than three percent of
credentials for unescorted access to any SIDA of an
airport;
‘‘(C) additional audits and status checks for airport operators that report missing more than three
percent of credentials for unescorted access to any
SIDA of an airport;
‘‘(D) review and analysis of the prior five years of
audits for airport operators that report missing
more than three percent of credentials for unescorted access to any SIDA of an airport;
‘‘(E) increased fines and direct enforcement requirements for both airport workers and their employers that fail to report within 24 hours an employment termination or a missing credential for
unescorted access to any SIDA of an airport; and
‘‘(F) a method for termination by the employer of
any airport worker who fails to report in a timely
manner missing credentials for unescorted access
to any SIDA of an airport.
‘‘(b) TEMPORARY CREDENTIALS.—The Administrator
may encourage the issuance by airports and aircraft
operators of free, one-time, 24-hour temporary credentials for workers who have reported, in a timely manner, their credentials missing, but not permanently
lost, stolen, or destroyed, until replacement of credentials under section 1542.211 of title 49 Code of Federal
Regulations is necessary.
‘‘(c) NOTIFICATION AND REPORT TO CONGRESS.—The Administrator shall—
‘‘(1) notify the appropriate congressional committees each time an airport operator reports that more
than three percent of credentials for unescorted access to any SIDA at a Category X airport are missing,
or more than five percent of credentials to access any
SIDA at any other airport are missing; and
‘‘(2) submit to the appropriate congressional committees an annual report on the number of violations

§ 44901

and fines related to unescorted access to the SIDA of
an airport collected in the preceding fiscal year.
‘‘SEC. 3404. CREDENTIALS.
‘‘(a) LAWFUL STATUS.—Not later than 90 days after
the date of the enactment of this Act [July 15, 2016], the
Administrator shall issue to airport operators guidance
regarding placement of an expiration date on each airport credential issued to a non-United States citizen
that is not longer than the period of time during which
such non-United States citizen is lawfully authorized
to work in the United States.
‘‘(b) REVIEW OF PROCEDURES.—
‘‘(1) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Administrator
shall—
‘‘(A) issue guidance for transportation security
inspectors to annually review the procedures of airport operators and air carriers for applicants seeking unescorted access to any SIDA of an airport;
and
‘‘(B) make available to airport operators and air
carriers information on identifying suspicious or
fraudulent identification materials.
‘‘(2) INCLUSIONS.—The guidance issued pursuant to
paragraph (1) shall require a comprehensive review of
background checks and employment authorization
documents issued by United States Citizenship and
Immigration Services during the course of a review of
procedures under such paragraph.
‘‘SEC. 3405. VETTING.
‘‘(a) ELIGIBILITY REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act [July 15, 2016], and
subject to public notice and comment, the Administrator shall revise the regulations issued under section 44936 of title 49, United States Code, in accordance with this section and current knowledge of insider threats and intelligence under section 3502, to
enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport.
‘‘(2) DISQUALIFYING CRIMINAL OFFENSES.—In revising
the regulations under paragraph (1), the Administrator shall consider adding to the list of disqualifying criminal offenses and criteria the offenses and
criteria listed in section 122.183(a)(4) of title 19, Code
of Federal Regulations and section 1572.103 of title 49,
Code of Federal Regulations.
‘‘(3) WAIVER PROCESS FOR DENIED CREDENTIALS.—
Notwithstanding section 44936(b) of title 49, United
States Code, in revising the regulations under paragraph (1) of this subsection, the Administrator shall—
‘‘(A) ensure there exists or is developed a waiver
process for approving the issuance of credentials for
unescorted access to any SIDA of an airport for an
individual found to be otherwise ineligible for such
credentials; and
‘‘(B) consider, as appropriate and practicable—
‘‘(i) the circumstances of any disqualifying act
or offense, restitution made by the individual,
Federal and State mitigation remedies, and other
factors from which it may be concluded that the
individual does not pose a terrorism risk or a risk
to aviation security warranting denial of the credential; and
‘‘(ii) the elements of the appeals and waiver
process established under section 70105(c) of title
46, United States Code.
‘‘(4) LOOK BACK.—In revising the regulations under
paragraph (1), the Administrator shall propose that
an individual be disqualified if the individual was
convicted, or found not guilty by reason of insanity,
of a disqualifying criminal offense within 15 years before the date of an individual’s application, or if the
individual was incarcerated for such crime and released from incarceration within five years before the
date of the individual’s application.
‘‘(5) CERTIFICATIONS.—The Administrator shall require an airport or aircraft operator, as applicable, to

§ 44901

TITLE 49—TRANSPORTATION

certify for each individual who receives unescorted
access to any SIDA of an airport that—
‘‘(A) a specific need exists for providing the individual with unescorted access authority; and
‘‘(B) the individual has certified to the airport or
aircraft operator that the individual understands
the requirements for possessing a SIDA badge.
‘‘(6) REPORT TO CONGRESS.—Not later than 90 days
after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the status of the revision to the regulations issued under section 44936 of
title 49, United States Code, in accordance with this
section.
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to affect existing aviation
worker vetting fees imposed by the TSA.
‘‘(b) RECURRENT VETTING.—
‘‘(1) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Administrator
and the Director of the Federal Bureau of Investigation shall fully implement the Rap Back service for
recurrent vetting of eligible TSA-regulated populations of individuals with unescorted access to any
SIDA of an airport.
‘‘(2) REQUIREMENTS.—As part of the requirement in
paragraph (1), the Administrator shall ensure that—
‘‘(A) any status notifications the TSA receives
through the Rap Back service about criminal offenses be limited to only disqualifying criminal offenses in accordance with the regulations promulgated by the TSA under section 44903 of title 49,
United States Code, or other Federal law; and
‘‘(B) any information received by the Administration through the Rap Back service is provided directly and immediately to the relevant airport and
aircraft operators.
‘‘(3) REPORT TO CONGRESS.—Not later than 30 days
after implementation of the Rap Back service described in paragraph (1), the Administrator shall submit to the appropriate congressional committees a
report on the such implementation.
‘‘(c) ACCESS TO TERRORISM-RELATED DATA.—Not later
than 30 days after the date of the enactment of this
Act, the Administrator and the Director of National Intelligence shall coordinate to ensure that the Administrator is authorized to receive automated, real-time access to additional Terrorist Identities Datamart Environment (TIDE) data and any other terrorism-related
category codes to improve the effectiveness of the
TSA’s credential vetting program for individuals who
are seeking or have unescorted access to any SIDA of
an airport.
‘‘(d) ACCESS TO E–VERIFY AND SAVE PROGRAMS.—Not
later than 90 days after the date of the enactment of
this Act, the Secretary shall authorize each airport operator to have direct access to the E–Verify program
and the Systematic Alien Verification for Entitlements
(SAVE) automated system to determine the eligibility
of individuals seeking unescorted access to any SIDA of
an airport.
‘‘SEC. 3406. METRICS.
‘‘(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act [July 15, 2016], the
Administrator shall develop and implement performance metrics to measure the effectiveness of security
for the SIDAs of airports.
‘‘(b) CONSIDERATIONS.—In developing the performance
metrics under subsection (a), the Administrator may
consider—
‘‘(1) adherence to access point procedures;
‘‘(2) proper use of credentials;
‘‘(3) differences in access point requirements between airport workers performing functions on the
airside of an airport and airport workers performing
functions in other areas of an airport;
‘‘(4) differences in access point characteristics and
requirements at airports; and
‘‘(5) any additional factors the Administrator considers necessary to measure performance.

Page 1136

‘‘SEC. 3407. INSPECTIONS AND ASSESSMENTS.
‘‘(a) MODEL AND BEST PRACTICES.—Not later than 180
days after the date of the enactment of this Act [July
15, 2016], the Administrator, in consultation with the
ASAC, shall develop a model and best practices for unescorted access security that—
‘‘(1) use intelligence, scientific algorithms, and
risk-based factors;
‘‘(2) ensure integrity, accountability, and control;
‘‘(3) subject airport workers to random physical security inspections conducted by TSA representatives
in accordance with this section;
‘‘(4) appropriately manage the number of SIDA access points to improve supervision of and reduce unauthorized access to SIDAs; and
‘‘(5) include validation of identification materials,
such as with biometrics.
‘‘(b) INSPECTIONS.—Consistent with a risk-based security approach, the Administrator shall expand the use
of transportation security officers and inspectors to
conduct enhanced, random and unpredictable, datadriven, and operationally dynamic physical inspections
of airport workers in each SIDA of an airport and at
each SIDA access point to—
‘‘(1) verify the credentials of such airport workers;
‘‘(2) determine whether such airport workers possess prohibited items, except for those items that
may be necessary for the performance of such airport
workers’ duties, as appropriate, in any SIDA of an
airport; and
‘‘(3) verify whether such airport workers are following appropriate procedures to access any SIDA of an
airport.
‘‘(c) SCREENING REVIEW.—
‘‘(1) IN GENERAL.—The Administrator shall conduct
a review of airports that have implemented additional airport worker screening or perimeter security
to improve airport security, including—
‘‘(A) comprehensive airport worker screening at
access points to secure areas;
‘‘(B) comprehensive perimeter screening, including vehicles;
‘‘(C) enhanced fencing or perimeter sensors; and
‘‘(D) any additional airport worker screening or
perimeter security measures the Administrator
identifies.
‘‘(2) BEST PRACTICES.—After completing the review
under paragraph (1), the Administrator shall—
‘‘(A) identify best practices for additional access
control and airport worker security at airports; and
‘‘(B) disseminate to airport operators the best
practices identified under subparagraph (A).
‘‘(3) PILOT PROGRAM.—The Administrator may conduct a pilot program at one or more airports to test
and validate best practices for comprehensive airport
worker screening or perimeter security under paragraph (2).
‘‘SEC. 3408. COVERT TESTING.
‘‘(a) IN GENERAL.—The Administrator shall increase
the use of red-team, covert testing of access controls to
any secure areas of an airport.
‘‘(b) ADDITIONAL COVERT TESTING.—The Inspector
General of the Department of Homeland Security shall
conduct red-team, covert testing of airport access controls to the SIDAs of airports.
‘‘(c) REPORTS TO CONGRESS.—
‘‘(1) ADMINISTRATOR REPORT.—Not later than 90
days after the date of the enactment of this Act [July
15, 2016], the Administrator shall submit to the appropriate congressional committees a report on the
progress to expand the use of inspections and of redteam, covert testing under subsection (a).
‘‘(2) INSPECTOR GENERAL REPORT.—Not later than 180
days after the date of the enactment of this Act, the
Inspector General of the Department of Homeland Security shall submit to the appropriate congressional
committees a report on the effectiveness of airport
access controls to the SIDAs of airports based on redteam, covert testing under subsection (b).

Page 1137

TITLE 49—TRANSPORTATION

‘‘SEC. 3409. SECURITY DIRECTIVES.
‘‘(a) REVIEW.—Not later than 180 days after the date
of the enactment of this Act [July 15, 2016] and annually thereafter, the Administrator, in consultation
with the appropriate regulated entities, shall conduct a
comprehensive review of every current security directive addressed to any regulated entity to—
‘‘(1) determine whether each such security directive
continues to be relevant;
‘‘(2) determine whether such security directives
should be streamlined or consolidated to most efficiently maximize risk reduction; and
‘‘(3) update, consolidate, or revoke any security directive as necessary.
‘‘(b) NOTICE.—For each security directive that the Administrator issues, the Administrator shall submit to
the appropriate congressional committees notice of—
‘‘(1) the extent to which each such security directive responds to a specific threat, security threat assessment, or emergency situation against civil aviation; and
‘‘(2) when it is anticipated that each such security
directive will expire.
‘‘SEC. 3410. IMPLEMENTATION REPORT.
‘‘Not later than one year after the date of the enactment of this Act [July 15, 2016], the Comptroller General of the United States shall—
‘‘(1) assess the progress made by the TSA and the
effect on aviation security of implementing the requirements under sections 3402 through 3409 of this
subtitle; and
‘‘(2) report to the appropriate congressional committees on the results of the assessment under paragraph (1), including any recommendations.
‘‘SEC. 3411. MISCELLANEOUS AMENDMENTS.
‘‘(a) ASAC TERMS OF OFFICE.—[Amended section 44946
of this title.]
‘‘(b) FEEDBACK.—[Amended section 44946 of this title.]
‘‘SUBTITLE E—CHECKPOINTS OF THE FUTURE
‘‘SEC. 3501. CHECKPOINTS OF THE FUTURE.
‘‘(a) IN GENERAL.—The Administrator, in accordance
with chapter 449 of title 49, United States Code, shall
request the Aviation Security Advisory Committee (established pursuant to section 44946 of such title) to develop recommendations for more efficient and effective
passenger screening processes.
‘‘(b) CONSIDERATIONS.—In making recommendations
to improve existing passenger screening processes, the
Aviation Security Advisory Committee shall consider—
‘‘(1) the configuration of a checkpoint;
‘‘(2) technology innovation;
‘‘(3) ways to address any vulnerabilities identified
in audits of checkpoint operations;
‘‘(4) ways to prevent security breaches at airports
at which Federal security screening is provided;
‘‘(5) best practices in aviation security;
‘‘(6) recommendations from airports and aircraft
operators, and any relevant advisory committees; and
‘‘(7) ‘curb to curb’ processes and procedures.
‘‘(c) REPORT.—Not later than one year after the date
of enactment of this Act [July 15, 2016], the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of
the Aviation Security Advisory Committee review
under this section, including any recommendations for
improving passenger screening processes.
‘‘SEC. 3502. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT CATEGORY X AIRPORTS.
‘‘(a) IN GENERAL.—The Administrator shall establish
a pilot program at at least three and not more than six
airports to reconfigure and install security systems
that increase efficiency and reduce vulnerabilities in

§ 44901

airport terminals, particularly at airports that have
large open areas at which screening is conducted.
‘‘(b) SELECTION OF AIRPORTS.—In selecting airports
for the pilot program established under subsection (a),
the Administrator shall—
‘‘(1) select airports from among airports classified
by the TSA as Category X airports and that are able
to begin the reconfiguration and installation of security systems expeditiously; and
‘‘(2) give priority to an airport that—
‘‘(A) submits a proposal that seeks Federal funding for reconfiguration of such airport’s security
systems;
‘‘(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and
‘‘(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will
provided [sic] funding towards the cost of such pilot
program.
‘‘SEC. 3503. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF PROTOTYPES FOR AIRPORT SECURITY SYSTEMS.
‘‘(a) IN GENERAL.—The Administrator shall establish
a pilot program at three airports to develop and test
prototypes of screening security systems and security
checkpoint configurations that are intended to expedite the movement of passengers by deploying a range
of technologies, including passive and active systems,
new types of security baggage and personal screening
systems, and new systems to review and address passenger and baggage anomalies.
‘‘(b) SELECTION OF AIRPORTS.—In selecting airports
for the pilot program established under subsection (a),
the Administrator shall—
‘‘(1) select airports from among airports classified
by the TSA as Category X airports that are able to
begin the reconfiguration and installation of security
systems expeditiously;
‘‘(2) consider detection capabilities; and
‘‘(3) give priority to an airport that—
‘‘(A) submits a proposal that seeks Federal funding to test prototypes for new airport security systems;
‘‘(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and
‘‘(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will
provided [sic] funding towards the cost of such pilot
program.
‘‘SEC. 3504. REPORT REQUIRED.
‘‘Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall
submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of
the Senate and a report on the pilot programs established under sections 3502 and 3503 of this subtitle.
‘‘SEC. 3505. FUNDING.
‘‘The Administrator shall carry out the pilot programs established under sections 3502 and 3503 of this
subtitle using amounts—
‘‘(1) appropriated to the TSA before the date of the
enactment of this Act [July 15, 2016] and available for
obligation as of such date of enactment; and
‘‘(2) amounts obtained as reimbursements from airports under such pilot programs.
‘‘SEC. 3506. ACCEPTANCE AND PROVISION OF RESOURCES BY THE TRANSPORTATION SECURITY
ADMINISTRATION.
‘‘The Administrator, in carrying out the functions of
the pilot programs established under sections 3502 and
3503 of this subtitle, may accept services, supplies,
equipment, personnel, or facilities, without reimbursement, from any other public or private entity.’’
PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES
Pub. L. 110–53, title XVI, § 1610, Aug. 3, 2007, 121 Stat.
484, provided that:

§ 44901

TITLE 49—TRANSPORTATION

‘‘(a) TECHNOLOGY RESEARCH AND PILOT PROJECTS.—
‘‘(1) RESEARCH AND DEVELOPMENT.—The Secretary of
Homeland Security, in consultation with the Administrator of the Transportation Security Administration, shall expedite research and development programs for technologies that can disrupt or prevent an
explosive device from being introduced onto a passenger plane or from damaging a passenger plane
while in flight or on the ground. The research shall be
used in support of implementation of section 44901 of
title 49, United States Code.
‘‘(2) PILOT PROJECTS.—The Secretary, in conjunction with the Secretary of Transportation, shall establish a grant program to fund pilot projects—
‘‘(A) to deploy technologies described in paragraph (1); and
‘‘(B) to test technologies to expedite the recovery,
development, and analysis of information from aircraft accidents to determine the cause of the accident, including deployable flight deck and voice recorders and remote location recording devices.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of
Homeland Security for fiscal year 2008 such sums as
may be necessary to carry out this section. Such sums
shall remain available until expended.’’
STANDARDS FOR INCREASING THE USE OF EXPLOSIVE
DETECTION EQUIPMENT
Pub. L. 109–295, title V, § 518, Oct. 4, 2006, 120 Stat.
1380, provided that: ‘‘The Secretary of Homeland Security, in consultation with industry stakeholders, shall
develop standards and protocols for increasing the use
of explosive detection equipment to screen air cargo
when appropriate.’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 109–90, title V, § 524, Oct. 18, 2005, 119 Stat.
2086.
USE OF EXISTING EQUIPMENT TO SCREEN PASSENGER
CARGO; REPORTS
Pub. L. 109–90, title V, § 525, Oct. 18, 2005, 119 Stat.
2086, as amended by Pub. L. 114–113, div. F, title V,
§ 510(c), Dec. 18, 2015, 129 Stat. 2514, provided that: ‘‘The
Transportation Security Administration (TSA) shall
utilize existing checked baggage explosive detection
equipment and screeners to screen cargo carried on passenger aircraft to the greatest extent practicable at
each airport: Provided, That beginning with November
2005, TSA shall provide a monthly report to the Committees on Appropriations of the Senate and the House
of Representatives detailing, by airport, the amount of
cargo carried on passenger aircraft that was screened
by TSA in August 2005 and each month.’’
IN-LINE CHECKED BAGGAGE SCREENING
Pub. L. 108–458, title IV, § 4019(a), (b), Dec. 17, 2004, 118
Stat. 3721, provided that:
‘‘(a) IN-LINE BAGGAGE SCREENING EQUIPMENT.—The
Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action
as may be necessary to expedite the installation and
use of in-line baggage screening equipment at airports
at which screening is required by section 44901 of title
49, United States Code.
‘‘(b) SCHEDULE.—Not later than 180 days after the
date of enactment of this Act [Dec. 17, 2004], the Assistant Secretary shall submit to the appropriate congressional committees a schedule to expedite the installation and use of in-line baggage screening equipment at
such airports, with an estimate of the impact that such
equipment, facility modification, and baggage conveyor
placement will have on staffing needs and levels related
to aviation security.’’

Page 1138

‘‘(a) IN GENERAL.—The Under Secretary for Border
and Transportation Security of the Department of
Homeland Security shall provide, subject to the availability of funds, assistance to airports at which screening is required by section 44901 of title 49, United States
Code, and that have checked baggage screening areas
that are not open to public view in the acquisition and
installation of security monitoring cameras for surveillance of such areas in order to deter theft from checked
baggage and to aid in the speedy resolution of liability
claims against the Transportation Security Administration.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2005 such sums as may be
necessary to carry out this section. Such sums shall remain available until expended.’’
PILOT PROGRAM TO EVALUATE USE OF BLAST
RESISTANT CARGO AND BAGGAGE CONTAINERS
Pub. L. 108–458, title IV, § 4051, Dec. 17, 2004, 118 Stat.
3728, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), beginning not later than 180 days after Dec. 17, 2004, to
carry out a pilot program to evaluate the use of blastresistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device, and directed the Assistant Secretary to provide incentives to air carriers to
volunteer to participate in such program.
AIR CARGO SECURITY
Pub. L. 108–458, title IV, § 4052, Dec. 17, 2004, 118 Stat.
3728, provided that:
‘‘(a) AIR CARGO SCREENING TECHNOLOGY.—The Assistant Secretary of Homeland Security (Transportation
Security Administration) shall develop technology to
better identify, track, and screen air cargo.
‘‘(b) IMPROVED AIR CARGO AND AIRPORT SECURITY.—
There is authorized to be appropriated to the Secretary
of Homeland Security for the use of the Transportation
Security Administration, in addition to any amounts
otherwise authorized by law, for the purpose of improving aviation security related to the transportation of
cargo on both passenger aircraft and all-cargo aircraft—
‘‘(1) $200,000,000 for fiscal year 2005;
‘‘(2) $200,000,000 for fiscal year 2006; and
‘‘(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
‘‘(c) RESEARCH, DEVELOPMENT, AND DEPLOYMENT.—To
carry out subsection (a), there is authorized to be appropriated to the Secretary, in addition to any
amounts otherwise authorized by law, for research and
development related to enhanced air cargo security
technology as well as for deployment and installation
of enhanced air cargo security technology—
‘‘(1) $100,000,000 for fiscal year 2005;
‘‘(2) $100,000,000 for fiscal year 2006; and
‘‘(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
‘‘(d) ADVANCED CARGO SECURITY GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish and
carry out a program to issue competitive grants to
encourage the development of advanced air cargo security technology, including use of innovative financing or other means of funding such activities. The
Secretary may make available funding for this purpose from amounts appropriated pursuant to subsection (c).
‘‘(2) ELIGIBILITY CRITERIA, ETC.—The Secretary shall
establish such eligibility criteria, establish such application and administrative procedures, and provide
for such matching funding requirements, if any, as
may be necessary and appropriate to ensure that the
technology is deployed as fully and rapidly as possible.’’

CHECKED BAGGAGE SCREENING AREA MONITORING

IDENTIFICATION STANDARDS

Pub. L. 108–458, title IV, § 4020, Dec. 17, 2004, 118 Stat.
3722, provided that:

Pub. L. 108–458, title VII, § 7220, Dec. 17, 2004, 118 Stat.
3835, provided that:

Page 1139

TITLE 49—TRANSPORTATION

‘‘(a) PROPOSED STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary of Homeland Security—
‘‘(A) shall propose minimum standards for identification documents required of domestic commercial airline passengers for boarding an aircraft; and
‘‘(B) may, from time to time, propose minimum
standards amending or replacing standards previously proposed and transmitted to Congress and
approved under this section.
‘‘(2) SUBMISSION TO CONGRESS.—Not later than 6
months after the date of enactment of this Act [Dec.
17, 2004], the Secretary shall submit the standards
under paragraph (1)(A) to the Senate and the House of
Representatives on the same day while each House is
in session.
‘‘(3) EFFECTIVE DATE.—Any proposed standards submitted to Congress under this subsection shall take
effect when an approval resolution is passed by the
House and the Senate under the procedures described
in subsection (b) and becomes law.
‘‘(b) CONGRESSIONAL APPROVAL PROCEDURES.—
‘‘(1) RULEMAKING POWER.—This subsection is enacted by Congress—
‘‘(A) as an exercise of the rulemaking power of
the Senate and the House of Representatives, respectively, and as such they are deemed a part of
the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in
that House in the case of such approval resolutions;
and it supersedes other rules only to the extent
that they are inconsistent therewith; and
‘‘(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any
time, in the same manner and to the same extent
as in the case of any other rule of that House.
‘‘(2) APPROVAL RESOLUTION.—For the purpose of this
subsection, the term ‘approval resolution’ means a
joint resolution of Congress, the matter after the resolving clause of which is as follows: ‘That the Congress approves the proposed standards issued under
section 7220 of the 9/11 Commission Implementation
Act of 2004, transmitted by the President to the Congress on llllll’, the blank space being filled in
with the appropriate date.
‘‘(3) INTRODUCTION.—Not later than the first day of
session following the day on which proposed standards are transmitted to the House of Representatives
and the Senate under subsection (a), an approval resolution—
‘‘(A) shall be introduced (by request) in the House
by the Majority Leader of the House of Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by Members
of the House of Representatives designated by the
Majority Leader and Minority Leader of the House;
and
‘‘(B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the
Majority Leader and Minority Leader of the Senate.
‘‘(4) PROHIBITIONS.—
‘‘(A) AMENDMENTS.—No amendment to an approval resolution shall be in order in either the
House of Representatives or the Senate.
‘‘(B) MOTIONS TO SUSPEND.—No motion to suspend
the application of this paragraph shall be in order
in either House, nor shall it be in order in either
House for the Presiding Officer to entertain a request to suspend the application of this paragraph
by unanimous consent.
‘‘(5) REFERRAL.—
‘‘(A) IN GENERAL.—An approval resolution shall be
referred to the committees of the House of Representatives and of the Senate with jurisdiction.
Each committee shall make its recommendations
to the House of Representatives or the Senate, as

§ 44901

the case may be, within 45 days after its introduction. Except as provided in subparagraph (B), if a
committee to which an approval resolution has
been referred has not reported it at the close of the
45th day after its introduction, such committee
shall be automatically discharged from further consideration of the resolution and it shall be placed
on the appropriate calendar.
‘‘(B) FINAL PASSAGE.—A vote on final passage of
the resolution shall be taken in each House on or
before the close of the 15th day after the resolution
is reported by the committee or committees of that
House to which it was referred, or after such committee or committees have been discharged from
further consideration of the resolution.
‘‘(C) COMPUTATION OF DAYS.—For purposes of this
paragraph, in computing a number of days in either
House, there shall be excluded any day on which
that House is not in session.
‘‘(6) COORDINATION WITH ACTION OF OTHER HOUSE.—If
prior to the passage by one House of an approval resolution of that House, that House receives the same
approval resolution from the other House, then the
procedure in that House shall be the same as if no approval resolution has been received from the other
House, but the vote on final passage shall be on the
approval resolution of the other House.
‘‘(7) FLOOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.—
‘‘(A) MOTION TO PROCEED.—A motion in the House
of Representatives to proceed to the consideration
of an approval resolution shall be highly privileged
and not debatable. An amendment to the motion
shall not be in order, not shall it be in order to
move to reconsider the vote by which the motion is
agreed to or disagreed to.
‘‘(B) DEBATE.—Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 4 hours,
which shall be divided equally between those favoring and those opposing the resolution. A motion to
further limit debate shall not be debatable. It shall
not be in order to move to recommit an approval
resolution or to move to reconsider the vote by
which an approval resolution is agreed to or disagreed to.
‘‘(C) MOTION TO POSTPONE.—Motions to postpone
made in the House of Representatives with respect
to the consideration of an approval resolution and
motions to proceed to the consideration of other
business shall be decided without debate.
‘‘(D) APPEALS.—All appeals from the decisions of
the Chair relating to the application of the Rules of
the House of Representatives to the procedure relating to an approval resolution shall be decided
without debate.
‘‘(E) RULES OF THE HOUSE OF REPRESENTATIVES.—
Except to the extent specifically provided in subparagraphs (A) through (D), consideration of an approval resolution shall be governed by the Rules of
the House of Representatives applicable to other
resolutions in similar circumstances.
‘‘(8) FLOOR CONSIDERATION IN THE SENATE.—
‘‘(A) MOTION TO PROCEED.—A motion in the Senate
to proceed to the consideration of an approval resolution shall be privileged and not debatable. An
amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
‘‘(B) DEBATE ON RESOLUTION.—Debate in the Senate on an approval resolution, and appeals in connection therewith, shall be limited to not more
than 10 hours, which shall be equally divided between, and controlled by, the Majority Leader and
the Minority Leader, or their designees.
‘‘(C) DEBATE ON MOTIONS AND APPEALS.—Debate in
the Senate on any debatable motion or appeal in
connection with an approval resolution shall be
limited to not more than 1 hour, which shall be
equally divided between, and controlled by, the

§ 44901

TITLE 49—TRANSPORTATION

Page 1140

mover and the manager of the resolution, except
that in the event the manager of the resolution is
in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the Minority Leader or designee. Such leaders, or either of
them, may, from time under their control on the
passage of an approval resolution, allot additional
time to any Senator during the consideration of
any debatable motion or appeal.
‘‘(D) LIMIT ON DEBATE.—A motion in the Senate to
further limit debate is not debatable. A motion to
recommit an approval resolution is not in order.
‘‘(c) DEFAULT STANDARDS.—
‘‘(1) IN GENERAL.—If the standards proposed under
subsection (a)(1)(A) are not approved pursuant to the
procedures described in subsection (b), then not later
than 1 year after rejection by a vote of either House
of Congress, domestic commercial airline passengers
seeking to board an aircraft shall present, for identification purposes—
‘‘(A) a valid, unexpired passport;
‘‘(B) domestically issued documents that the Secretary of Homeland Security designates as reliable
for identification purposes;
‘‘(C) any document issued by the Attorney General or the Secretary of Homeland Security under
the authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(17))[)]; or
‘‘(D) a document issued by the country of nationality of any alien not required to possess a passport
for admission to the United States that the Secretary designates as reliable for identifications purposes
‘‘(2) EXCEPTION.—The documentary requirements
described in paragraph (1)—
‘‘(A) shall not apply to individuals below the age
of 17, or such other age as determined by the Secretary of Homeland Security;
‘‘(B) may be waived by the Secretary of Homeland
Security in the case of an unforeseen medical emergency.
‘‘(d) RECOMMENDATION TO CONGRESS.—Not later than 1
year after the date of enactment of this Act [Dec. 17,
2004], the Secretary of Homeland Security shall recommend to Congress—
‘‘(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack
and requiring minimum identification standards for
access to such facilities; and
‘‘(2) appropriate minimum identification standards
to gain access to those facilities.’’

Pub. L. 104–264, title III, § 305(b), Oct. 9, 1996, 110 Stat.
3252, provided that: ‘‘The Administrator is authorized
to use noncompetitive or cooperative agreements with
air carriers and airport authorities that provide for the
Administrator to purchase and assist in installing advanced security equipment for the use of such entities.’’

DEADLINE FOR DEPLOYMENT OF FEDERAL SCREENERS

INSTALLATION AND USE OF EXPLOSIVE DETECTION
EQUIPMENT

Pub. L. 107–71, title I, § 110(c), Nov. 19, 2001, 115 Stat.
616, provided that:
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security shall deploy at
all airports in the United States where screening is required under section 44901 of title 49, United States
Code, a sufficient number of Federal screeners, Federal
Security Managers, Federal security personnel, and
Federal law enforcement officers to conduct the screening of all passengers and property under section 44901 of
such title at such airports.
‘‘(2) CERTIFICATION TO CONGRESS.—Not later than 1
year after the date of enactment of this Act, the Under
Secretary shall transmit to Congress a certification
that the requirement of paragraph (1) has been met.’’

Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 110, provided in part that: ‘‘Not later than thirty days after the
date of the enactment of this Act [June 30, 1989], the
Federal Aviation Administrator shall initiate action,
including such rulemaking or other actions as necessary, to require the use of explosive detection equipment that meets minimum performance standards requiring application of technology equivalent to or better than thermal neutron analysis technology at such
airports (whether located within or outside the United
States) as the Administrator determines that the installation and use of such equipment is necessary to ensure the safety of air commerce. The Administrator
shall complete these actions within sixty days of enactment of this Act’’.

portation and Infrastructure of the House of Representatives on the deployment of the systems required by
section 44901(c) of title 49, United States Code. The
Under Secretary shall include in the report—
‘‘(A) an installation schedule;
‘‘(B) the dates of installation of each system; and
‘‘(C) the date on which each system installed is
operational.
‘‘(2) SCREENING OF SMALL AIRCRAFT.—Within 1 year
after the date of enactment of this Act [Nov. 19, 2001],
the Under Secretary of Transportation for Security
shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and
Committee on Transportation and Infrastructure of the
House of Representatives on the screening requirements applicable to passengers boarding, and property
being carried aboard, aircraft with 60 seats or less used
in scheduled passenger service with recommendations
for any necessary changes in those requirements.’’
INSTALLATION OF ADVANCED SECURITY EQUIPMENT;
AGREEMENTS

PASSENGER PROFILING
Pub. L. 104–264, title III, § 307, Oct. 9, 1996, 110 Stat.
3253, provided that: ‘‘The Administrator of the Federal
Aviation Administration, the Secretary of Transportation, the intelligence community, and the law enforcement community should continue to assist air carriers in developing computer-assisted passenger profiling programs and other appropriate passenger profiling programs which should be used in conjunction
with other security measures and technologies.’’
AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT
SECURITY PROGRAMS AND ACTIVITIES
Pub. L. 104–264, title III, § 308, Oct. 9, 1996, 110 Stat.
3253, which provided that funds from project grants
made under subchapter I of chapter 471 of this title and
passenger facility fees collected under section 40117 of
this title could be used for the improvement of facilities and the purchase and deployment of equipment to
enhance and ensure safe air travel, was repealed by
Pub. L. 108–176, title I, § 143, Dec. 12, 2003, 117 Stat. 2503.

REPORTS

RESEARCH AND DEVELOPMENT OF IMPROVED AIRPORT
SECURITY SYSTEMS

Pub. L. 107–71, title I, § 110(d), Nov. 19, 2001, 115 Stat.
616, provided that:
‘‘(1) DEPLOYMENT.—Within 6 months after the date of
enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security shall report to
the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Trans-

Pub. L. 100–649, § 2(d), Nov. 10, 1988, 102 Stat. 3817, provided that: ‘‘The Administrator of the Federal Aviation
Administration shall conduct such research and development as may be necessary to improve the effectiveness of airport security metal detectors and airport security x-ray systems in detecting firearms that, during
the 10-year period beginning on the effective date of

Page 1141

§ 44903

TITLE 49—TRANSPORTATION

this Act [see Effective Date of 1988 Amendment; Sunset
Provision note set out under section 922 of Title 18,
Crimes and Criminal Procedure], are subject to the prohibitions of section 922(p) of title 18, United States
Code.’’
DEFINITIONS OF TERMS IN TITLE IV OF PUB. L. 108–458
Pub. L. 108–458, title IV, § 4081, Dec. 17, 2004, 118 Stat.
3731, provided that: ‘‘In this title [enacting section
44925 of this title, amending sections 114, 44903, 44904,
44909, 44917, 44923, 46301 to 46303, and 48301 of this title
and sections 70102 and 70103 of Title 46, Shipping, and
enacting provisions set out as notes under this section,
sections 114, 44703, 44913, 44917, 44923, 44925, and 44935 of
this title, section 2751 of Title 22, Foreign Relations
and Intercourse, and section 70101 of Title 46] (other
than in sections 4001 and 4026 [amending sections 114
and 44904 of this title and enacting provisions set out as
a note under section 2751 of Title 22]), the following
definitions apply:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘appropriate congressional committees’ means
the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(2) AVIATION DEFINITIONS.—The terms ‘air carrier’,
‘air transportation’, ‘aircraft’, ‘airport’, ‘cargo’, ‘foreign air carrier’, and ‘intrastate air transportation’
have the meanings given such terms in section 40102
of title 49, United States Code.
‘‘(3) SECURE AREA OF AN AIRPORT.—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 regulations).’’
DEFINITIONS OF TERMS IN PUB. L. 107–71
For definitions of terms used in sections 101(g) and
110(c), (d), 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.

§ 44902. Refusal to transport passengers and
property
(a) MANDATORY REFUSAL.—The Under Secretary of Transportation for Security shall prescribe regulations requiring an air carrier,
intrastate air carrier, or foreign air carrier to
refuse to transport—
(1) a passenger who does not consent to a
search under section 44901(a) of this title establishing whether the passenger is carrying
unlawfully a dangerous weapon, explosive, or
other destructive substance; or
(2) property of a passenger who does not consent to a search of the property establishing
whether the property unlawfully contains a
dangerous weapon, explosive, or other destructive substance.
(b) PERMISSIVE REFUSAL.—Subject to regulations of the Under Secretary, an air carrier,
intrastate air carrier, or foreign air carrier may
refuse to transport a passenger or property the
carrier decides is, or might be, inimical to safety.
(c) AGREEING TO CONSENT TO SEARCH.—An
agreement to carry passengers or property in air
transportation or intrastate air transportation
by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be
carried if consent to search the passenger or
property for a purpose referred to in this section
is not given.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204;
Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001,
115 Stat. 603.)
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.
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

(b) PROTECTION
RACY.—The Under