49-U.S.C.-44904
§44904 – Domestic Air Transportation System Security
Pathway
Title 49 > Subtitle VII > Part A > Subpart iii > Chapter 449 > Subchapter I > Section 44904
Details
- Reference: Section 44904
- Legend: §44904 – Domestic Air Transportation System Security
- USCode Year: 2013
Provision Content
(a) Assessing Threats.—The Under Secretary of Transportation for Security and the Director of the Federal Bureau of Investigation jointly shall assess current and potential threats to the domestic air transportation system. The assessment shall include consideration of the extent to which there are individuals with the capability and intent to carry out terrorist or related unlawful acts against that system and the ways in which those individuals might carry out those acts. The Under Secretary and the Director jointly shall decide on and carry out the most effective method for continuous analysis and monitoring of security threats to that system.
(b) Assessing Security.—In coordination with the Director, the Under Secretary shall carry out periodic threat and vulnerability assessments on security at each airport that is part of the domestic air transportation system. Each assessment shall include consideration of—
(1) the adequacy of security procedures related to the handling and transportation of checked baggage and cargo;
(2) space requirements for security personnel and equipment;
(3) separation of screened and unscreened passengers, baggage, and cargo;
(4) separation of the controlled and uncontrolled areas of airport facilities; and
(5) coordination of the activities of security personnel of the Transportation Security Administration, the United States Customs Service, the Immigration and Naturalization Service, and air carriers, and of other law enforcement personnel.
(c) Modal Security Plan for Aviation.—In addition to the requirements set forth in subparagraphs (B) through (F) of section 114(t)(3), shall—
(1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and
(2) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat.
(d) Operational Criteria.—Not later than 90 days after the date of the submission of the National Strategy for Transportation Security under section 114(t)(4)(A), and shall approve best practices guidelines for airport assets.
(e) Improving Security.—The Under Secretary shall take necessary actions to improve domestic air transportation security by correcting any deficiencies in that security discovered in the assessments, analyses, and monitoring carried out under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, §101(f)(1), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 108–458, title IV, §4001(b), Dec. 17, 2004, 118 Stat. 3712.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44904(a) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(a), (b), 104 Stat. 3075. |
| 44904(b) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(c), 104 Stat. 3075. |
| 44904(c) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(e), 104 Stat. 3075. |
In subsection (a), the words domestic air transportation system are substituted for domestic aviation system for consistency in this section.
In subsection (b), before clause (1), the word Director is substituted for Federal Bureau of Investigation because of 28:532. In clauses (1) and (3), the word mail is omitted as being included in cargo.
In subsection (c), the word correcting is substituted for remedying for clarity.
References in Text
Section 114(t), referred to in subsecs. (c) and (d), was redesignated section 114(s) by Pub. L. 110–161, div. E, title V, §568(a), Dec. 26, 2007, 121 Stat. 2092.
Amendments
2004—Subsecs. (c) to (e). Pub. L. 108–458 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted Under Secretary for Administrator in two places and of Transportation for Security for of the Federal Aviation Administration.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted Under Secretary for Administrator in introductory provisions.
Subsec. (b)(5). Pub. L. 107–71, §101(f)(1), substituted the Transportation Security Administration for the Administration.
Subsec. (c). 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.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Regular Joint Threat Assessments
Pub. L. 104–264, title III, §310, Oct. 9, 1996, 110 Stat. 3253, provided that: The Administrator of the Federal Aviation Administration and the Director of the Federal Bureau of Investigation shall carry out joint threat and vulnerability assessments on security every 3 years, or more frequently, as necessary, at each airport determined to be high risk.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-44720 in the Legal Encyclopedia: Transportation
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49-U.S.C.-44719 in the Legal Encyclopedia: Transport Programs
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49-U.S.C.-44726 in the Legal Encyclopedia: Safety
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49-U.S.C.-44722 in the Legal Encyclopedia: Aviation Programs
In this entry about 49-U.S.C.-44722, find legal reference material, bibliographies and premiere content related to aviation programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States aviation programs-specific issues, written by authorities in the field.
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