49 U.S.C. § 44904 | Domestic air transportation system security

(a)

Assessing Threats .—

The Administrator of the Transportation Security Administration 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 Administrator of the Transportation Security Administration 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 Administrator of the Transportation Security Administration 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(s)(3), the modal security plan for aviation prepared under section 114(s) 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 .—

The Administrator of the Transportation Security Administration shall issue operational criteria to protect airport infrastructure and operations against the threats identified in the plans prepared under section 114(s)(1) and shall approve best practices guidelines for airport assets.

(e)

Improving Security .—

The Administrator of the Transportation Security Administration 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, 1994108 Stat. 1207 Pub. L. 107–71, title I, § 101(f)(1)Nov. 19, 2001115 Stat. 603 Pub. L. 108–458, title IV, § 4001(b)Dec. 17, 2004118 Stat. 3712 Pub. L. 115–254, div. K, title I, § 1991(d)(4)Oct. 5, 2018132 Stat. 3632(, , ; , (7), (9), , ; , , ; , , .)

Historical and Revision Notes
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.

Editorial Notes

Amendments

Pub. L. 115–254, § 1991(d)(4)(D)2018—, substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing.

Pub. L. 115–254, § 1991(d)(4)(A)Subsec. (a). , substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security” in first sentence.

Pub. L. 115–254, § 1991(d)(4)(B)Subsec. (c). , substituted “section 114(s)(3)” for “section 114(t)(3)” and “section 114(s)” for “section 114(t)” in introductory provisions.

Pub. L. 115–254, § 1991(d)(4)(C)Subsec. (d). , substituted “The Administrator of the Transportation Security Administration” for “Not later than 90 days after the date of the submission of the National Strategy for Transportation Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security (Transportation Security Administration)” and “section 114(s)(1)” for “section 114(t)(1)”.

Pub. L. 108–4582004—Subsecs. (c) to (e). added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

Pub. L. 107–71, § 101(f)(7)2001—Subsec. (a). , (9), substituted “Under Secretary” for “Administrator” in two places and “of Transportation for Security” for “of the Federal Aviation Administration”.

Pub. L. 107–71, § 101(f)(7)Subsec. (b). , substituted “Under Secretary” for “Administrator” in introductory provisions.

Pub. L. 107–71, § 101(f)(1)Subsec. (b)(5). , substituted “the Transportation Security Administration” for “the Administration”.

Pub. L. 107–71, § 101(f)(7)Subsec. (c). , substituted “Under Secretary” for “Administrator”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

November 25, 2002section 542 of Title 6 Pub. L. 107–296Nov. 25, 2002section 211 of Title 6 Pub. L. 114–125 section 802(b) of Pub. L. 114–125 section 211 of Title 6For 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 , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of Title 8For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under , Aliens and Nationality.

Regular Joint Threat Assessments

Pub. L. 104–264, title III, § 310Oct. 9, 1996110 Stat. 3253 Pub. L. 118–63, title II, § 218(g)May 16, 2024138 Stat. 1056, , , which related to joint threat and vulnerability assessments on security at each airport determined to be high risk, was repealed by , , .