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S. 39Became Law

An Act to amend the Federal Aviation Act of 1958 to implement the Convention for the Suppression of Unlawful Seizure of Aircraft; to provide a more effective program to prevent aircraft piracy; and for other purposes.

(LATEST SUMMARY)

=Title I: Antihijacking Act= - Makes technical changes in the definition of "special aircraft jurisdiction of the United States" as defined in the Federal Aviation Act.

Sets forth penalties for aircraft piracy outside the special aircraft jurisdiction of the United States. Provides that death may be a penalty for any individual engaged in hijacking or attempted hijacking when death occurs to anyone as a result of such activity. Sets forth restrictions on use of the death penalty under this Act.

Authorizes the President to suspend air service to any foreign nation which he determines is encouraging aircraft hijacking by acting in a manner inconsistent with the Convention for the Suppression of Unlawful Seizure of Aircraft, or which he determines is used as a base of operations or training, or as a sanctuary for terrorist organizations using the illegal seizure of aircraft as an instrument of policy. Authorizes the Secretary of Transporation to revoke, with the approval of the Secretary of State, the operating authority of foreign air carriers who fail to meet the minimum standards set by the Convention to effectively maintain the security measures relating to the transportation of persons in foreign air transportation covered by the convention.

=Title II: Air Transportation Security Act= - Revises the Federal Aviation Act by directing the Administrator of the Federal Aviation Administration to prescribe or to continue in effect reasonable regulations requiring that all passengers and all property intended to be carried in the aircraft cabin in air transportation be screened by weapon-detecting procedures or facilities employed or operated by employees of the air carrier prior to boarding the aircraft for such transportation.

Directs the Administrator to prescribe such reasonable rules and regulations as he may deem necessary to protect persons and property aboard aircraft against acts of criminal violence and aircraft piracy.

Provides that regulations prescribed under this Act shall require operators of airports regularly serving air carriers certificated by the Civil Aeronautics Board to establish air transportation security programs providing a law enforcement presence and capability at such airports.

Directs the Administrator to conduct such research and development as he may deem appropriate to develop and evaluate systems, procedures, facilities, and devices to protect persons and property aboard aircraft.

Provides that, notwithstanding the Freedom of Information Act, the Administrator shall prescribe such regulations as he may deem necessary to prohibit disclosure of any information obtained or developed in the conduct of research and development activities under this Act if, in the opinion of the Administrator, the disclosure of such information: (1) would constitute an unwarranted invasion of personal privacy; (2) would reveal trade secrets or privileged or confidential commercial or financial information obtained from any person; or (3) would be detrimental to the safety of persons traveling in air transportation.

Directs the Administrator to, by regulation, require any air carrier to refuse to transport: (1) any person who does not consent to a search of his person; or (2) any property of any person who does not consent to a search or inspection of such property to determine whether it unlawfully contains a dangerous weapon, explosive, or other destructive substance.

Provides that, subject to reasonable rules and regulations prescribed by the Administrator, any such carrier may also refuse transportation of a passenger or property when, in the opinion of the carrier, such transportation would or might be inimical to safety of flight.

Sets forth penalties for carrying or attempting to carry weapons and explosives on board aircraft.

Public law 93-366.

Sen. Cannon, Howard W. [D-NV](D-NV)Sponsor
5 cosponsors
2committees2related bills
Aug 5, 197449
(LATEST SUMMARY)

=Title I: Antihijacking Act= - Makes technical changes in the definition of "special aircraft jurisdiction of the United States" as defined in the Federal Aviation Act.

Sets forth penalties for aircraft piracy outside the special aircraft jurisdiction of the United States. Provides that death may be a penalty for any individual engaged in hijacking or attempted hijacking when death occurs to anyone as a result of such activity. Sets forth restrictions on use of the death penalty under this Act.

Authorizes the President to suspend air service to any foreign nation which he determines is encouraging aircraft hijacking by acting in a manner inconsistent with the Convention for the Suppression of Unlawful Seizure of Aircraft, or which he determines is used as a base of operations or training, or as a sanctuary for terrorist organizations using the illegal seizure of aircraft as an instrument of policy. Authorizes the Secretary of Transporation to revoke, with the approval of the Secretary of State, the operating authority of foreign air carriers who fail to meet the minimum standards set by the Convention to effectively maintain the security measures relating to the transportation of persons in foreign air transportation covered by the convention.

=Title II: Air Transportation Security Act= - Revises the Federal Aviation Act by directing the Administrator of the Federal Aviation Administration to prescribe or to continue in effect reasonable regulations requiring that all passengers and all property intended to be carried in the aircraft cabin in air transportation be screened by weapon-detecting procedures or facilities employed or operated by employees of the air carrier prior to boarding the aircraft for such transportation.

Directs the Administrator to prescribe such reasonable rules and regulations as he may deem necessary to protect persons and property aboard aircraft against acts of criminal violence and aircraft piracy.

Provides that regulations prescribed under this Act shall require operators of airports regularly serving air carriers certificated by the Civil Aeronautics Board to establish air transportation security programs providing a law enforcement presence and capability at such airports.

Directs the Administrator to conduct such research and development as he may deem appropriate to develop and evaluate systems, procedures, facilities, and devices to protect persons and property aboard aircraft.

Provides that, notwithstanding the Freedom of Information Act, the Administrator shall prescribe such regulations as he may deem necessary to prohibit disclosure of any information obtained or developed in the conduct of research and development activities under this Act if, in the opinion of the Administrator, the disclosure of such information: (1) would constitute an unwarranted invasion of personal privacy; (2) would reveal trade secrets or privileged or confidential commercial or financial information obtained from any person; or (3) would be detrimental to the safety of persons traveling in air transportation.

Directs the Administrator to, by regulation, require any air carrier to refuse to transport: (1) any person who does not consent to a search of his person; or (2) any property of any person who does not consent to a search or inspection of such property to determine whether it unlawfully contains a dangerous weapon, explosive, or other destructive substance.

Provides that, subject to reasonable rules and regulations prescribed by the Administrator, any such carrier may also refuse transportation of a passenger or property when, in the opinion of the carrier, such transportation would or might be inimical to safety of flight.

Sets forth penalties for carrying or attempting to carry weapons and explosives on board aircraft.

Jan 4, 197300

Title I: Anti-Hijacking Act - Expands the definition of the term "special aircraft jurisdiction of the United States" when used in the Federal Aviation Act to include the following aircraft while in flight: (1) any aircraft outside the United States that has "an offense", as defined in the convention for the Suppression of Unlawful Seizure of Aircraft, committed aboard, if the aircraft lands in the United States with the alleged offender still aboard; and (2) other aircraft leased without crew to a lessee who has his principal place of business in the United States, or his permanent residence in the United States.

Provides that whoever aboard an aircraft in flight outside the special aircraft jurisdiction of the United States commits "an offense", as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft, and is afterward found in the United States shall be punished by imprisonment for not less than 20 years or for more than life.

Provides that whenever the President determines that a foreign nation is acting in a manner inconsistent with the Convention for the Suppression of Unlawful Seizure of Aircraft, or is used as a base of operations for terrorist groups, he may, without notice or hearing and for as long as he determines necessary to assure the security of aircraft against unlawful seizure, suspend the right of any air transportation and any persons to operate aircraft in foreign air commerce to and from that foreign nation and the right of any foreign air carrier to engage in foreign air transportation, and any foreign person to operate aircraft in foreign air commerce between the United States and any foreign nation which maintains air service between itself and that foreign nation.

Authorizes the Secretary of Transportation to suspend the operating authority of foreign air carriers when he finds that a foreign nation does not effectively maintain and administer security measures relating to transportation of persons or property or mail in foreign air transportation that are equal to or above the minimum standards which are established pursuant to the Convention on International Civil Aviation or, prior to a date when such standards are adopted and enter into force pursuant to such convention, the specifications and practices set out in appendix A to Resolution A 17-10 of the Seventeenth Assembly of the International Civil Aviation Organization.

Title II: Air Transportation Security Act - Directs the Administrator of the Federal Aviation Administration to prescribe reasonable regulations requiring that all passengers and property intended to be carried in the aircraft cabin be screened by weapon-detecting devices operated by the air carrier's employees. Requires the Administrator to acquire and furnish for the use by air carriers sufficient devices necessary for the purposes of this Act.

Requires the Administrator to establish and maintain an air transportation security force of sufficient size to provide a law enforcement presence and capability at airports in the United States adequate to insure the safety from criminal violence and air piracy of persons traveling in air transportation.

Provides that the Administrator may not require, by regulation of otherwise, the presence at airports in the United States of State or local law enforcement personnel to assist in or support the screening of passengers and property prior to boarding, or to enforce, or to act as a deterrent against acts which are prohibited by, United States statutes other than as authorized by this Act.

Provides that no person shall be frisked or searched unless he has been identified by a weapons detection device as a person who is reasonably likely to be carrying unlawfully a concealed weapon and before he has been given an opportunity to remove from his person or clothing objects which could have evoked a positive response from the weapons detection device, and unless he consents to such search. Provides that, if consent for such search is denied, such person shall be denied boarding and shall forfeit his opportunity to be transported in air transportation, intrastate air transportation, and foreign air transportation.

Sets forth criminal penalties for the carrying aboard an aircraft of weapons. Authorizes appropriations of $35,000,000 for fiscal years 1973, and 1974 to maintain the air transportation security force provided for in this Act.