49 U.S.C. § 44901
Section 44901 · Screening passengers and property
Current version, with additions and removals from the December 20, 2012 version.
(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.
(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.
(d) Explosives Detection Systems.—
(d) Explosives Detection Systems.—
(B) all systems deployed under subparagraph (A) are fully utilized; 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.
(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 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 non-public 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.
(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.
(ii) The amount of Federal savings generated from the exercise of such authority.
(ii) The amount of Federal savings generated from the exercise of such authority.
(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.
(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.
(2) Manual search.
(2) Manual search.
(3) Search by canine explosives detection units in combination with other means.
(3) Search by canine explosives detection units in combination with other means.
(g) Air Cargo on Passenger Aircraft.—
(g) Air Cargo on Passenger Aircraft.—
(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.—
(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 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.
(h) Deployment of Armed Personnel.—
(h) Deployment of Armed Personnel.—
(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
(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
(j) Blast-Resistant Cargo Containers.—
(j) Blast-Resistant Cargo Containers.—
(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.
(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—
(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;
(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
(B) pay for the program; and
(C) make available blast-resistant cargo containers to air carriers pursuant to paragraph (3).
(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.
(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 Program.—
(k) General Aviation Airport Security Program.—
(B) implement a program to perform such assessments on a risk-managed basis at general aviation airports.
(B) implement a program to perform such assessments on a risk-managed basis at general aviation airports.
(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
(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.
(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).
(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.—
(l) Limitations on Use of Advanced Imaging Technology for Screening Passengers.—
(1) Definitions.—In this subsection, the following definitions apply:
(1) Definitions.—In this subsection, the following definitions apply:
(A) Advanced imaging technology.—The term “advanced imaging technology”—
(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
(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”.
(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—
(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
(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.
(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.
(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.
(A) is equipped with and employs automatic target recognition software; and
(A) is equipped with and employs automatic target recognition software; and
(3) Extension.—
(3) Extension.—
(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
(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.
(ii) additional testing of such software is necessary.
(4) Reports.—
(4) Reports.—
(B) Elements.—A report submitted under subparagraph (A) shall include the following:
(B) Elements.—A report submitted under subparagraph (A) shall include the following:
(ii) The status of compliance by the Transportation Security Administration with such requirements.
(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—
(iii) If the Administration is not in full compliance with such requirements—
(I) the reasons for the noncompliance; and
(I) the reasons for the noncompliance; and
(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.
(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.