49 USC 44924 - Repair station security

Page 1063

TITLE 49—TRANSPORTATION

Subsec. (i). Pub. L. 110–53, § 1604(a)(6), added subsec.
(i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 110–53, § 1603(a), substituted
‘‘2007, and $450,000,000 for each of fiscal years 2008
through 2011’’ for ‘‘2007.’’
Subsec. (j). Pub. L. 110–53, § 1604(a)(5), redesignated
subsec. (i) as (j).
2004—Subsec. (i)(1). Pub. L. 108–458 substituted
‘‘$400,000,000 for each of fiscal years 2005, 2006, and 2007’’
for ‘‘$250,000,000 for each of fiscal years 2004 through
2007’’.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.
PRIORITIZATION OF PROJECTS
Pub. L. 110–53, title XVI, § 1604(b), Aug. 3, 2007, 121
Stat. 480, provided that:
‘‘(1) IN GENERAL.—The Administrator of the Transportation Security Administration shall establish a prioritization schedule for airport security improvement
projects described in section 44923 of title 49, United
States Code, based on risk and other relevant factors,
to be funded under that section. The schedule shall include both hub airports referred to in paragraphs (29),
(31), and (42) of section 40102[(a)] of such title and
nonhub airports (as defined in section 47102(13) [now
section 47102(14)] of such title).
‘‘(2) AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.—
The schedule shall include airports that have incurred
eligible costs associated with development of partial or
completed in-line baggage systems before the date of
enactment of this Act [Aug. 3, 2007] in reasonable anticipation of receiving a grant under section 44923 of
title 49, United States Code, in reimbursement of those
costs but that have not received such a grant.
‘‘(3) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Administrator shall provide a copy of the prioritization schedule, a corresponding timeline, and a description of the funding allocation under section 44923 of title 49, United States Code,
to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives.’’
PERIOD OF REIMBURSEMENT
Pub. L. 108–458, title IV, § 4019(e)(2), Dec. 17, 2004, 118
Stat. 3722, provided that: ‘‘Notwithstanding any other
provision of law, the Secretary [of Homeland Security]
may provide that the period of reimbursement under
any letter of intent may extend for a period not to exceed 10 years after the date that the Secretary issues
such letter, subject to the availability of appropriations. This paragraph applies to letters of intent issued
under section 44923 of title 49, United States Code, and
letters of intent issued under section 367 of the Department of Transportation and Related Agencies Appropriation Act, 2003 [Pub. L. 108–7, div. I] (49 U.S.C. 47110
note).’’

§ 44924. Repair station security
(a) SECURITY REVIEW AND AUDIT.—To ensure
the security of maintenance and repair work
conducted on air carrier aircraft and components at foreign repair stations, the Under Secretary for Border and Transportation Security
of the Department of Homeland Security, in
consultation with the Administrator of the Federal Aviation Administration, shall complete a
security review and audit of foreign repair stations that are certified by the Administrator
under part 145 of title 14, Code of Federal Regulations, and that work on air carrier aircraft

§ 44924

and components. The review shall be completed
not later than 6 months after the date on which
the Under Secretary issues regulations under
subsection (f).
(b) ADDRESSING SECURITY CONCERNS.—The
Under Secretary shall require a foreign repair
station to address the security issues and vulnerabilities identified in a security audit conducted under subsection (a) within 90 days of
providing notice to the repair station of the security issues and vulnerabilities so identified
and shall notify the Administrator that a deficiency was identified in the security audit.
(c) SUSPENSIONS AND REVOCATIONS OF CERTIFICATES.—
(1) FAILURE TO CARRY OUT EFFECTIVE SECURITY MEASURES.—If, after the 90th day on
which a notice is provided to a foreign repair
station under subsection (b), the Under Secretary determines that the foreign repair station does not maintain and carry out effective
security measures, the Under Secretary shall
notify the Administrator of the determination. Upon receipt of the determination, the
Administrator shall suspend the certification
of the repair station until such time as the
Under Secretary determines that the repair
station maintains and carries out effective security measures and transmits the determination to the Administrator.
(2) IMMEDIATE SECURITY RISK.—If the Under
Secretary determines that a foreign repair
station poses an immediate security risk, the
Under Secretary shall notify the Administrator of the determination. Upon receipt of
the determination, the Administrator shall revoke the certification of the repair station.
(3) PROCEDURES FOR APPEALS.—The Under
Secretary, in consultation with the Administrator, shall establish procedures for appealing
a revocation of a certificate under this subsection.
(d) FAILURE TO MEET AUDIT DEADLINE.—If the
security audits required by subsection (a) are
not completed on or before the date that is 6
months after the date on which the Under Secretary issues regulations under subsection (f),
the Administrator shall be barred from certifying any foreign repair station (other than a station that was previously certified, or is in the
process of certification, by the Administration
under this part) until such audits are completed
for existing stations.
(e) PRIORITY FOR AUDITS.—In conducting the
audits described in subsection (a), the Under
Secretary and the Administrator shall give priority to foreign repair stations located in countries identified by the Government as posing the
most significant security risks.
(f) REGULATIONS.—Not later than 240 days after
the date of enactment of this section, the Under
Secretary, in consultation with the Administrator, shall issue final regulations to ensure
the security of foreign and domestic aircraft repair stations.
(g) REPORT TO CONGRESS.—If the Under Secretary does not issue final regulations before the
deadline specified in subsection (f), the Under
Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on Com-

§ 44925

TITLE 49—TRANSPORTATION

merce, Science, and Transportation of the Senate a report containing an explanation as to why
the deadline was not met and a schedule for issuing the final regulations.
(Added Pub. L. 108–176, title VI, § 611(b)(1), Dec.
12, 2003, 117 Stat. 2571; amended Pub. L. 110–53,
title XVI, § 1616(b), Aug. 3, 2007, 121 Stat. 488.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (f), is the date of enactment of Pub. L. 108–176,
which was approved Dec. 12, 2003.
AMENDMENTS
2007—Subsec. (a). Pub. L. 110–53, § 1616(b)(1), substituted ‘‘6 months’’ for ‘‘18 months’’.
Subsec. (d). Pub. L. 110–53, § 1616(b)(2), inserted
‘‘(other than a station that was previously certified, or
is in the process of certification, by the Administration
under this part)’’ after ‘‘foreign repair station’’.
Pub. L. 110–53, § 1616(b)(1), which directed amendment
of subsec. (b) by substituting ‘‘6 months’’ for ‘‘18
months’’, was executed by making the substitution in
subsec. (d), to reflect the probable intent of Congress.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106
of this title.
SUSPENSION OF CERTIFICATION OF FOREIGN REPAIR
STATIONS
Pub. L. 110–53, title XVI, § 1616(a), Aug. 3, 2007, 121
Stat. 488, provided that: ‘‘If the regulations required by
section 44924(f) of title 49, United States Code, are not
issued within 1 year after the date of enactment of this
Act [Aug. 3, 2007], the Administrator of the Federal
Aviation Administration may not certify any foreign
repair station under part 145 of title 14, Code of Federal
Regulations, after such date unless the station was previously certified, or is in the process of certification by
the Administration under that part.’’

§ 44925. Deployment and use of detection equipment at airport screening checkpoints
(a) WEAPONS AND EXPLOSIVES.—The Secretary
of Homeland Security shall give a high priority
to developing, testing, improving, and deploying, at airport screening checkpoints, equipment
that detects nonmetallic, chemical, biological,
and radiological weapons, and explosives, in all
forms, on individuals and in their personal property. The Secretary shall ensure that the equipment alone, or as part of an integrated system,
can detect under realistic operating conditions
the types of weapons and explosives that terrorists would likely try to smuggle aboard an air
carrier aircraft.
(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE
OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT
SCREENING CHECKPOINTS.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this section, the Assistant Secretary of Homeland Security
(Transportation
Security
Administration)
shall submit to the appropriate congressional
committees a strategic plan to promote the
optimal utilization and deployment of explosive detection equipment at airports to screen
individuals and their personal property. Such
equipment includes walk-through explosive

Page 1064

detection portals, document scanners, shoe
scanners, and backscatter x-ray scanners. The
plan may be submitted in a classified format.
(2) CONTENT.—The strategic plan shall include, at minimum—
(A) a description of current efforts to detect explosives in all forms on individuals
and in their personal property;
(B) a description of the operational applications of explosive detection equipment at
airport screening checkpoints;
(C) a deployment schedule and a description of the quantities of equipment needed
to implement the plan;
(D) a description of funding needs to implement the plan, including a financing plan
that provides for leveraging of non-Federal
funding;
(E) a description of the measures taken
and anticipated to be taken in carrying out
subsection (d); and
(F) a description of any recommended legislative actions.
(3) IMPLEMENTATION.—The Secretary shall
begin implementation of the strategic plan
within one year after the date of enactment of
this paragraph.
(c) PORTAL DETECTION SYSTEMS.—There is authorized to be appropriated to the Secretary of
Homeland Security for the use of the Transportation Security Administration $250,000,000, in
addition to any amounts otherwise authorized
by law, for research, development, and installation of detection systems and other devices for
the detection of biological, chemical, radiological, and explosive materials.
(d) INTERIM ACTION.—Until measures are implemented that enable the screening of all passengers for explosives, the Assistant Secretary
shall provide, by such means as the Assistant
Secretary considers appropriate, explosives detection screening for all passengers identified
for additional screening and their personal property that will be carried aboard a passenger aircraft operated by an air carrier or foreign air
carrier in air transportation or intrastate air
transportation.
(Added Pub. L. 108–458, title IV, § 4013(a), Dec. 17,
2004, 118 Stat. 3719; amended Pub. L. 110–53, title
XVI, § 1607(b), Aug. 3, 2007, 121 Stat. 483.)
REFERENCES IN TEXT
The date of enactment of this section, referred to
subsec. (b)(1), is the date of enactment of Pub.
108–458, which was approved Dec. 17, 2004.
The date of enactment of this paragraph, referred
in subsec. (b)(3), is the date of enactment of Pub.
110–53, which was approved Aug. 3, 2007.

in
L.
to
L.

AMENDMENTS
2007—Subsec. (b)(3). Pub. L. 110–53 added par. (3).
ISSUANCE OF STRATEGIC PLAN FOR DEPLOYMENT AND
USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS
Pub. L. 110–53, title XVI, § 1607(a), Aug. 3, 2007, 121
Stat. 483, provided that: ‘‘Not later than 30 days after
the date of enactment of this Act [Aug. 3, 2007], the
Secretary of Homeland Security, in consultation with
the Administrator of the Transportation Security Administration, shall issue the strategic plan the Sec-