Page:United States Statutes at Large Volume 104 Part 4.djvu/762
104 STAT. 3078 PUBLIC LAW 101-604—NOV. 16, 1990 title 14, Code of Federal Regulations, or any similar rule, shall be required after the date of the enactment of this section, unless the Administrator certifies that, based on the results of tests conducted pursuant to protocols developed in consultation with expert scientists from outside the Federal Aviation Administration, such equipment alone or as part of an integrated system can detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive material which would be likely to be used to cause catastrophic damage to commercial aircraft. "(b) DEADLINE FOR COMPLETION OF TESTS.— The tests referred to be in subsection (a) shall be completed not later than 18 months after the date of the enactment of this section. "(c) LIMITED AUTHORITY FOR INTERIM DEPLOYMENT.— Before completion of the tests referred to in subsection (a), but in no event later than 18 months after the date of the enactment of this section, the Administrator may require the deployment of explosive detection equipment referred to in subsection (a) if the Administrator determines that such deployment shall significantly enhance aviation security. In making such determination, the Administrator shall take into consideration, but not be limited to, such factors as the ability of such equipment alone or as part of an integrated system to detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft. The Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives of a deployment decision made pursuant to this subsection. "(d) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this section shall be construed as prohibiting the Administrator from purchasing or deploying explosive detection equipment referred to in subsection (a).". SEC. 109. THREATS TO CIVIL AVIATION; PUBLIC NOTIFICATION. (a) IN GENERAL.— Title III of the Federal Aviation Act of 1958 (49 U.S.C. App. 1341-1358) is further amended by adding at the end the following new section: 49 USC app. "SEC. 321. REPORTING OF THREATS TO CIVIL AVIATION. 1 ^'^RH "(a) IN GENERAL. —Pursuant to such guidelines as the Secretary of Transportation shall establish, an air carrier, airport operator, ticket agent, or individual employed by such an entity, receiving information, other than through a communication directed by the Federal Government, of a threat to civil aviation, shall promptly provide such information to the Secretary or the designee of the Secretary. "(b) FLIGHT CANCELLATIONS.— In the event that a determination is made that a particular threat to civil aviation cannot be addressed in a manner adequate to ensure, to the extent feasible, the safety of the passengers and crew of a particular flight or series of flights, the Administrator shall order the cancellation of such flight or series of flights. " (c) NOTIFICATION GUIDELINES. — President. " (1) PuBuc NOTIFICATION GuiDEUNES.—Not later than 180 days after the date of the enactment of this section, the President shall develop guidelines for ensuring notification to the public of threats to civil aviation in appropriate cases.