49 U.S.C. § 44903
Section 44903 · Air transportation security
Current version, with additions and removals from the January 3, 2012 version.
(a) Definitions.—In this section:
(1) Administrator.—The term "Administrator" means the Administrator of the Transportation Security Administration.
(1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities;
(1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities;
(2) consider whether a proposed regulation is consistent with—
(2) consider whether a proposed regulation is consistent with—
(A) protecting passengers; and
(A) protecting passengers; and
(B) the public interest in promoting air transportation and intrastate air transportation;
(B) the public interest in promoting air transportation and intrastate air transportation;
(3) to the maximum extent practicable, require a uniform procedure for searching and detaining passengers and property to ensure—
(3) to the maximum extent practicable, require a uniform procedure for searching and detaining passengers and property to ensure—
(A) their safety; and
(A) their safety; and
(B) courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out this section; and
(B) courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out this section; and
(4) consider the extent to which a proposed regulation will carry out this section.
(4) consider the extent to which a proposed regulation will carry out this section.
(ii) the methods the airport operator will use to monitor and audit the tenant's compliance with the security requirements and provides that the tenant will be required to pay monetary penalties to the airport operator if the tenant fails to carry out a security requirement under a contractual provision or requirement imposed by the airport operator.
(ii) the methods the airport operator will use to monitor and audit the tenant's compliance with the security requirements and provides that the tenant will be required to pay monetary penalties to the airport operator if the tenant fails to carry out a security requirement under a contractual provision or requirement imposed by the airport operator.
(C) Maximum use of chemical and biological weapon detection equipment.—The Secretary of Transportation may require airports to maximize the use of technology and equipment that is designed to detect or neutralize potential chemical or biological weapons.
(C) Maximum use of chemical and biological weapon detection equipment.—The Secretary of Transportation may require airports to maximize the use of technology and equipment that is designed to detect or neutralize potential chemical or biological weapons.
(3) Pilot programs.—The Administrator shall establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology for providing access control and other security protections for closed or secure areas of the airports. Such technology may include biometric or other technology that ensures only authorized access to secure areas.
(3) Pilot programs.—The Administrator shall establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology for providing access control and other security protections for closed or secure areas of the airports. Such technology may include biometric or other technology that ensures only authorized access to secure areas.
(1) to carry firearms; and
(1) to carry firearms; and
(2) to make arrests without warrant for an offense against the United States committed in the presence of the individual or for a felony under the laws of the United States, if the individual reasonably believes the individual to be arrested has committed or is committing a felony.
(2) to make arrests without warrant for an offense against the United States committed in the presence of the individual or for a felony under the laws of the United States, if the individual reasonably believes the individual to be arrested has committed or is committing a felony.
(g) Improvement of Secured-Area Access Control.—
(g) Improvement of Secured-Area Access Control.—
(1) Enforcement.—
(1) Enforcement.—
(A) work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses;
(A) work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses;
(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform;
(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform;
(D) on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;
(D) on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;
(G) work with airport operators to strengthen access control points in secured areas (including air traffic control operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery areas) to ensure the security of passengers and aircraft and consider the deployment of biometric or similar technologies that identify individuals based on unique personal characteristics.
(G) work with airport operators to strengthen access control points in secured areas (including air traffic control operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery areas) to ensure the security of passengers and aircraft and consider the deployment of biometric or similar technologies that identify individuals based on unique personal characteristics.
(h) Improved Airport Perimeter Access Security.—
(h) Improved Airport Perimeter Access Security.—
(B) shall prescribe specific requirements for such screening and inspection that will assure at least the same level of protection as will result from screening of passengers and their baggage;
(B) shall prescribe specific requirements for such screening and inspection that will assure at least the same level of protection as will result from screening of passengers and their baggage;
(C) shall establish procedures to ensure the safety and integrity of—
(C) shall establish procedures to ensure the safety and integrity of—
(ii) all supplies, including catering and passenger amenities, placed aboard such aircraft, including the sealing of supplies to ensure easy visual detection of tampering; and
(ii) all supplies, including catering and passenger amenities, placed aboard such aircraft, including the sealing of supplies to ensure easy visual detection of tampering; and
(iii) all persons providing such supplies and facilities of such persons;
(iii) all persons providing such supplies and facilities of such persons;
(D) shall require vendors having direct access to the airfield and aircraft to develop security programs; and
(D) shall require vendors having direct access to the airfield and aircraft to develop security programs; and
(A) comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport access control systems (including airport perimeter access control systems) to ensure that the biometric identifier systems are effective, reliable, and secure;
(A) comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport access control systems (including airport perimeter access control systems) to ensure that the biometric identifier systems are effective, reliable, and secure;
(B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A);
(B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A);
(C) procedures for implementing biometric identifier systems—
(C) procedures for implementing biometric identifier systems—
(i) to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and
(i) to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and
(ii) to resolve failures to enroll, false matches, and false non-matches; and
(ii) to resolve failures to enroll, false matches, and false non-matches; and
(D) best practices for incorporating biometric identifier technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports.
(D) best practices for incorporating biometric identifier technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports.
(6) Use of biometric technology for armed law enforcement travel.—
(6) Use of biometric technology for armed law enforcement travel.—
(ii) establish a national registered armed law enforcement program, that shall be federally managed, for law enforcement officers needing to be armed when traveling by commercial aircraft.
(ii) establish a national registered armed law enforcement program, that shall be federally managed, for law enforcement officers needing to be armed when traveling by commercial aircraft.
(B) Program requirements.—The program shall—
(B) Program requirements.—The program shall—
(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;
(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;
(ii) establish a system for law enforcement officers who need to be armed when traveling by commercial aircraft on a regular basis and for those who need to be armed during temporary travel assignments;
(ii) establish a system for law enforcement officers who need to be armed when traveling by commercial aircraft on a regular basis and for those who need to be armed during temporary travel assignments;
(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;
(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;
(iv) apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and
(iv) apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and
(v) establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board a commercial aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer.
(v) establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board a commercial aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer.
(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed and the reason is within the scope of the duties of such officer;
(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed and the reason is within the scope of the duties of such officer;
(ii) to preserve the anonymity of the armed law enforcement officer;
(ii) to preserve the anonymity of the armed law enforcement officer;
(iii) to resolve failures to enroll, false matches, and false nonmatches relating to the use of the law enforcement travel credential or system;
(iii) to resolve failures to enroll, false matches, and false nonmatches relating to the use of the law enforcement travel credential or system;
(iv) to determine the method of issuance of the biometric credential to law enforcement officers needing to be armed when traveling by commercial aircraft;
(iv) to determine the method of issuance of the biometric credential to law enforcement officers needing to be armed when traveling by commercial aircraft;
(v) to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use;
(v) to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use;
(vi) to coordinate the program with the Federal Air Marshal Service, including the force multiplier program of the Service; and
(vi) to coordinate the program with the Federal Air Marshal Service, including the force multiplier program of the Service; and
(vii) to implement a phased approach to launching the program, addressing the immediate needs of the relevant Federal agent population before expanding to other law enforcement populations.
(vii) to implement a phased approach to launching the program, addressing the immediate needs of the relevant Federal agent population before expanding to other law enforcement populations.
(7) Definitions.—In this subsection, the following definitions apply:
(7) Definitions.—In this subsection, the following definitions apply:
(A) Biometric identifier information.—The term “biometric identifier information” means the distinct physical or behavioral characteristics of an individual that are used for unique identification, or verification of the identity, of an individual.
(A) Biometric identifier information.—The term "biometric identifier information" means the distinct physical or behavioral characteristics of an individual that are used for unique identification, or verification of the identity, of an individual.
(B) Biometric identifier.—The term “biometric identifier” means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information.
(B) Biometric identifier.—The term "biometric identifier" means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information.
(C) Failure to enroll.—The term “failure to enroll” means the inability of an individual to enroll in a biometric identifier system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric identifier information, or other factors.
(C) Failure to enroll.—The term "failure to enroll" means the inability of an individual to enroll in a biometric identifier system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric identifier information, or other factors.
(D) False match.—The term “false match” means the incorrect matching of one individual's biometric identifier information to another individual's biometric identifier information by a biometric identifier system.
(D) False match.—The term "false match" means the incorrect matching of one individual's biometric identifier information to another individual's biometric identifier information by a biometric identifier system.
(E) False non-match.—The term “false non-match” means the rejection of a valid identity by a biometric identifier system.
(E) False non-match.—The term "false non-match" means the rejection of a valid identity by a biometric identifier system.
(F) Secure area of an airport.—The term “secure area of an airport” means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).
(F) 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 regulation to such section).
(i) Authority to Arm Flight Deck Crew With Less-Than-Lethal Weapons.—
(i) Authority to Arm Flight Deck Crew With Less-Than-Lethal Weapons.—
(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and
(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and
(B) prescribe guidelines setting forth the circumstances under which such weapons may be used.
(B) prescribe guidelines setting forth the circumstances under which such weapons may be used.
(j) Short-Term Assessment and Deployment of Emerging Security Technologies and Procedures.—
(j) Short-Term Assessment and Deployment of Emerging Security Technologies and Procedures.—
(A) review the effectiveness of biometrics systems currently in use at several United States airports, including San Francisco International;
(B) review the effectiveness of increased surveillance at access points;
(C) review the effectiveness of card- or keypad-based access systems;
(D) review the effectiveness of airport emergency exit systems and determine whether those that lead to secure areas of the airport should be monitored or how breaches can be swiftly responded to; and
(E) specifically target the elimination of the “piggy-backing” phenomenon, where another person follows an authorized person through the access point.
The 6-month assessment shall include a 12-month deployment strategy for currently available technology at all category X airports, as defined in the Federal Aviation Administration approved air carrier security programs required under part 108 of title 14, Code of Federal Regulations. Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall conduct a review of reductions in unauthorized access at these airports.
(2) Computer-assisted passenger prescreening system.—
(2) Secure flight program.—
(i) is used to evaluate all passengers before they board an aircraft; and
(i) is used to evaluate all passengers before they board an aircraft; and
(i) the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and
(i) the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and
(ii) the routine characteristics of passengers, given the nature of the market, regularly triggers primary selectee status.
(ii) the routine characteristics of passengers, given the nature of the market, regularly triggers primary selectee status.
(C) Advanced airline passenger prescreening.—
(C) Advanced airline passenger prescreening.—
(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system;
(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system;
(II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives;
(II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives;
(III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;
(III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;
(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;
(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;
(V) implement substantial security measures to protect the system from unauthorized access;
(V) implement substantial security measures to protect the system from unauthorized access;
(VI) adopt policies establishing effective oversight of the use and operation of the system; and
(VI) adopt policies establishing effective oversight of the use and operation of the system; and
(VII) ensure that there are no specific privacy concerns with the technological architecture of the system.
(VII) ensure that there are no specific privacy concerns with the technological architecture of the system.
(II) shall require entities that provide systems and services to air carriers in the operation of air carrier reservations systems to provide to air carriers passenger information in possession of such entities, but only to the extent necessary to comply with subclause (I).
(II) shall require entities that provide systems and services to air carriers in the operation of air carrier reservations systems to provide to air carriers passenger information in possession of such entities, but only to the extent necessary to comply with subclause (I).
(i) being certificated by the Federal Aviation Administration;
(i) being certificated by the Federal Aviation Administration;
(ii) being granted unescorted access to the secure area of an airport; or
(ii) being granted unescorted access to the secure area of an airport; or
(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport.
(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport.
(E) Aircraft charter customer and lessee prescreening.—
(E) Aircraft charter customer and lessee prescreening.—
(I) request the Department of Homeland Security to use the advanced passenger prescreening system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; and
(I) request the Department of Homeland Security to use the advanced passenger prescreening system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; and
(II) refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or transport aboard such aircraft any persons identified on such watch list.
(II) refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or transport aboard such aircraft any persons identified on such watch list.
(ii) Requirements.—The requirements of subparagraph (C)(iii) shall apply to this subparagraph.
(ii) Requirements.—The requirements of subparagraph (C)(iii) shall apply to this subparagraph.
(iii) No fly and automatic selectee lists.—The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, shall design and review, as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained, or to be maintained, in the no fly and automatic selectee lists.
(iii) No fly and automatic selectee lists.—The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, shall design and review, as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained, or to be maintained, in the no fly and automatic selectee lists.
(F) Applicability.—Section 607 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568) shall not apply to the advanced passenger prescreening system established under subparagraph (C).
(F) Applicability.—Section 607 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568) shall not apply to the advanced passenger prescreening system established under subparagraph (C).
(G) Appeal procedures.—
(G) Appeal procedures.—
(H) Definition.—In this paragraph, the term “secure area of an airport” means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).
(H) Definition.—In this paragraph, the term "secure area of an airport" means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).
(k) Limitation on Liability for Acts To Thwart Criminal Violence or Aircraft Piracy.—An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts of the individual in attempting to thwart an act of criminal violence or piracy on an aircraft if that individual reasonably believed that such an act of criminal violence or piracy was occurring or was about to occur.
(k) Limitation on Liability for Acts To Thwart Criminal Violence or Aircraft Piracy.—An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts of the individual in attempting to thwart an act of criminal violence or piracy on an aircraft if that individual reasonably believed that such an act of criminal violence or piracy was occurring or was about to occur.
(l) Air Charter Program.—
(l) Air Charter Program.—
(2) Exemption for armed forces charters.—
(2) Exemption for armed forces charters.—
(A) In general.—Paragraph (1) and the other requirements of this chapter do not apply to passengers and property carried by aircraft when employed to provide charter transportation to members of the armed forces.
(A) In general.—Paragraph (1) and the other requirements of this chapter do not apply to passengers and property carried by aircraft when employed to provide charter transportation to members of the armed forces.
(B) Security procedures.—The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Transportation, shall establish security procedures relating to the operation of aircraft when employed to provide charter transportation to members of the armed forces to or from an airport described in section 44903(c).
(B) Security procedures.—The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Transportation, shall establish security procedures relating to the operation of aircraft when employed to provide charter transportation to members of the armed forces to or from an airport described in section 44903(c).
(C) Armed forces defined.—In this paragraph, the term “armed forces” has the meaning given that term by section 101(a)(4) of title 10.
(C) Armed forces defined.—In this paragraph, the term "armed forces" has the meaning given that term by section 101(a)(4) of title 10.
(m) Security Screening for Members of the Armed Forces.—
(m) Security Screening for Members of the Armed Forces.—
(A) leveraging existing security screening models used to reduce passenger wait times;
(A) leveraging existing security screening models used to reduce passenger wait times;
(B) establishing standard guidelines for the screening of military uniform items, including combat boots; and
(B) establishing standard guidelines for the screening of military uniform items, including combat boots; and
(C) incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note), or into the development of any new credential or system that incorporates biometric technology and other applicable technologies to verify the identity of individuals traveling in air transportation.
(C) incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note), or into the development of any new credential or system that incorporates biometric technology and other applicable technologies to verify the identity of individuals traveling in air transportation.
(n) Passenger Exit Points From Sterile Area.—
(1) In general.—The Secretary of Homeland Security shall ensure that the Transportation Security Administration is responsible for monitoring passenger exit points from the sterile area of airports at which the Transportation Security Administration provided such monitoring as of December 1, 2013.
(2) Sterile area defined.—In this section, the term "sterile area" has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruling).