49 U.S.C. § 44901 : US Code - Section 44901: Screening passengers and property

Search 49 U.S.C. § 44901 : US Code - Section 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) Explosive Detection Systems. -
(1) In general. - The Under Secretary of Transportation for
Security shall take all necessary action to ensure that -
(A) explosive detection systems are deployed as soon as
possible to ensure that all United States airports described in
section 44903(c) have sufficient explosive 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 explosive 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 explosive detection systems required to be
deployed under paragraph (1) at all airports where explosive
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
explosive 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
explosive 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 explosive detection systems; and
(ii) make security projects a priority for the obligation
or expenditure of funds made available under chapter 417 or
471 until explosive 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.
(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 explosive 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.
(2) Manual search.
(3) Search by canine explosive 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) 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.
(h) Exemptions and Advising Congress on Regulations. - The Under
Secretary -
(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.