Page:United States Statutes at Large Volume 108 Part 2.djvu/489

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1205 (2) property of a passenger who does not consent to a search of the property establishing whether the property unlawfully contains a dangerous weapon, explosive, or other destructive substance. (b) PERMISSIVE REFUSAL. —Subject to regulations of the Administrator, an air carrier, intrastate air carrier, or foreign air carrier may refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety. (c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry passengers or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be carried if consent to search the passenger or property for a purpose referred to in this section is not given, §44903. Air transportation security (a) DEFINITION.—In this section, "law enforcement personnel" means individuals— (1) authorized to carry and use firearms; (2) vested with the degree of the police power of arrest the Administrator of the Federal Aviation Administration considers necessary to carry out this section; and (3) identifiable by appropriate indicia of authority. (b) PROTECTION AGAINST VIOLENCE AND PIRACY. —The Administrator shall prescribe rejjulations to protect passengers and property on an aircraft operating in air transportation or intrastate air transportation against an act of criminal violence or aircraft piracy. When prescribing a regulation under this subsection, the Administrator shall— (1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities; (2) consider whether a proposed regulation is consistent with— (A) protecting passengers; and (B) the public interest in promoting air transportation and intrastate air transportation; (3) to the maximum extent practicable, require a uniform procedure for searching and detaining passengers and property to ensure— (A) their safety; and (B) courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out this section; and (4) consider the extent to which a proposed regulation will carry out this section. (c) SECURITY PROGRiliVis. —(1) The Administrator shall prescribe regulations under subsection (b) of this section that require each operator of an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation to establish an air transportation security program that provides a law enforcement presence and capability at each of those airports that is adequate to ensure the safety of passengers. The regulations shall authorize the operator to use the services of qualified State, local, and private law enforcement personnel. When the Administrator Regulations. Regulations.

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