Page:United States Statutes at Large Volume 115 Part 1.djvu/631

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PUBLIC LAW 107-71—NOV. 19, 2001 115 STAT. 609 "(E) may provide for the use of biometric or other technology that positively verifies the identity of each employee and law enforcement officer who enters a secure area of an airport.". (b) SMALL AND MEDIUM AIRPORTS. — 49 USC 44903 (1) TECHNICAL SUPPORT AND FINANCIAL ASSISTANCE.— The note. Under Secretary of Transportation for Security shall develop apian to— (A) provide technical support to airports, each of which had less than 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available, to enhance security operations; and (B) provide financial assistance to those airports to defray the costs of enhancing security. (2) REMOVAL OF CERTAIN RESTRICTIONS.— (A) CERTIFICATION BY OPERATOR. — If the operator of an airport described in paragraph (1), after consultation with the appropriate State and local law enforcement authorities, determines that safeguards are in place to sufficiently protect public safety, and so certifies in writing to the Under Secretary, then any security rule, order, or other directive restricting the parking of passenger vehicles shall not apply at that airport after the applicable time period specified in subparagraph (B), unless the Under Secretary, taking into account individual airport circumstances, notifies the airport operator that the safeguards in place do not adequately respond to specific security risks and that the restriction must be continued in order to ensure public safety. (B) COUNTERMAND PERIOD.—The time period within which the Secretary may notify an airport operator, after receiving a certification under subparagraph (A), that a restriction must be continued in order to ensure public SEifety at the airport is— (i) 15 days for a nonhub airport (as defined in section 41714(h) of title 49, United States Code); (ii) 30 days for a small hub airport (as defined in such section); (iii) 60 days for a medium hub airport (as defined in such section); and (iv) 120 days for an airport that had at least 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available. (c) IMPROVEMENT OF SECURED-AREA ACCESS CONTROL.— Section 44903(g)(2) of title 49, United States Code, is amended— (1) by striking "weaknesses by January 31, 2001;" in subparagraph (A) and inserting "weaknesses;"; (2) by striking subparagraph (D) and inserting the following: "(D) on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;";