49 U.S.C. § 44912 : US Code - Section 44912: Research and development

Search 49 U.S.C. § 44912 : US Code - Section 44912: Research and development

(a) Program Requirement. - (1) The Under Secretary of
Transportation for Security shall establish and carry out a program
to accelerate and expand the research, development, and
implementation of technologies and procedures to counteract
terrorist acts against civil aviation. The program shall provide
for developing and having in place, not later than November 16,
1993, new equipment and procedures necessary to meet the
technological challenges presented by terrorism. The program shall
include research on, and development of, technological improvements
and ways to enhance human performance.
(2) In designing and carrying out the program established under
this subsection, the Under Secretary shall -
(A) consult and coordinate activities with other departments,
agencies, and instrumentalities of the United States Government
doing similar research;
(B) identify departments, agencies, and instrumentalities that
would benefit from that research; and
(C) seek cost-sharing agreements with those departments,
agencies, and instrumentalities.
(3) In carrying out the program established under this
subsection, the Under Secretary shall review and consider the
annual reports the Secretary of Transportation submits to Congress
on transportation security and intelligence.
(4)(A) In carrying out the program established under this
subsection, the Administrator shall designate an individual to be
responsible for engineering, research, and development with respect
to security technology under the program.
(B) The individual designated under subparagraph (A) shall use
appropriate systems engineering and risk management models in
making decisions regarding the allocation of funds for engineering,
research, and development with respect to security technology under
the program.
(C) The individual designated under subparagraph (A) shall, on an
annual basis, submit to the Research, Engineering and Development
Advisory Committee a report on activities under this paragraph
during the preceding year. Each report shall include, for the year
covered by such report, information on -
(i) progress made in engineering, research, and development
with respect to security technology;
(ii) the allocation of funds for engineering, research, and
development with respect to security technology; and
(iii) engineering, research, and development with respect to
any technologies drawn from other agencies, including the
rationale for engineering, research, and development with respect
to such technologies.
(5) The Under Secretary may -
(A) make grants to institutions of higher learning and other
appropriate research facilities with demonstrated ability to
carry out research described in paragraph (1) of this subsection,
and fix the amounts and terms of the grants; and
(B) make cooperative agreements with governmental authorities
the Under Secretary decides are appropriate.
(b) Review of Threats. - (1) The Under Secretary shall
periodically review threats to civil aviation, with particular
focus on -
(A) a comprehensive systems analysis (employing vulnerability
analysis, threat attribute definition, and technology roadmaps)
of the civil aviation system, including -
(i) the destruction, commandeering, or diversion of civil
aircraft or the use of civil aircraft as a weapon; and
(ii) the disruption of civil aviation service, including by
cyber attack;
(B) explosive material that presents the most significant
threat to civil aircraft;
(C) the minimum amounts, configurations, and types of explosive
material that can cause, or would reasonably be expected to
cause, catastrophic damage to aircraft in air transportation;
(D) the amounts, configurations, and types of explosive
material that can be detected reliably by existing, or reasonably
anticipated, near-term explosive detection technologies;
(E) the potential release of chemical, biological, or similar
weapons or devices either within an aircraft or within an
airport;
(F) the feasibility of using various ways to minimize damage
caused by explosive material that cannot be detected reliably by
existing, or reasonably anticipated, near-term explosive
detection technologies;
(G) the ability to screen passengers, carry-on baggage, checked
baggage, and cargo; and
(H) the technologies that might be used in the future to
attempt to destroy or otherwise threaten commercial aircraft and
the way in which those technologies can be countered effectively.
(2) The Under Secretary shall use the results of the review under
this subsection to develop the focus and priorities of the program
established under subsection (a) of this section.
(c) Scientific Advisory Panel. - (1) The Administrator shall
establish a scientific advisory panel, as a subcommittee of the
Research, Engineering, and Development Advisory Committee, to
review, comment on, advise the progress of, and recommend
modifications in, the program established under subsection (a) of
this section, including the need for long-range research programs
to detect and prevent catastrophic damage to commercial aircraft,
commercial aviation facilities, commercial aviation personnel and
passengers, and other components of the commercial aviation system
by the next generation of terrorist weapons.
(2)(A) The advisory panel shall consist of individuals who have
scientific and technical expertise in -
(i) the development and testing of effective explosive
detection systems;
(ii) aircraft structure and experimentation to decide on the
type and minimum weights of explosives that an effective
explosive detection technology must be capable of detecting;
(iii) technologies involved in minimizing airframe damage to
aircraft from explosives; and
(iv) other scientific and technical areas the Administrator
considers appropriate.
(B) In appointing individuals to the advisory panel, the
Administrator should consider individuals from academia and the
national laboratories, as appropriate.
(3) The Administrator shall organize the advisory panel into
teams capable of undertaking the review of policies and
technologies upon request.
(4) Not later than 90 days after the date of the enactment of the
Aviation and Transportation Security Act, and every two years
thereafter, the Administrator shall review the composition of the
advisory panel in order to ensure that the expertise of the
individuals on the panel is suited to the current and anticipated
duties of the panel.