49 USC 44901 - Screening passengers and property

§ 44901

TITLE 49—TRANSPORTATION

Sec.

44914.
44915.

44931.
44932.
44933.
44934.
44935.
44936.
44937.
44938.

Airport construction guidelines.
Exemptions.
SUBCHAPTER II—ADMINISTRATION AND
PERSONNEL
Director of Intelligence and Security.
Assistant Administrator for Civil Aviation
Security.
Federal Security Managers.
Foreign Security Liaison Officers.
Employment standards and training.
Employment investigations and restrictions.
Prohibition on transferring duties and powers.
Reports.

SUBCHAPTER I—REQUIREMENTS
§ 44901. Screening passengers and property
(a) GENERAL REQUIREMENTS.—The Administrator of the Federal Aviation Administration
shall prescribe regulations requiring screening
of all passengers and property that will be carried in a cabin of an aircraft in air transportation or intrastate air transportation. The
screening must take place before boarding and
be carried out by a weapon-detecting facility or
procedure used or operated by an employee or
agent of an air carrier, intrastate air carrier, or
foreign air carrier.
(b) AMENDING REGULATIONS.—Notwithstanding
subsection (a) of this section, the Administrator
may amend a regulation prescribed under subsection (a) to require screening only to ensure
security against criminal violence and aircraft
piracy in air transportation and intrastate air
transportation.
(c) EXEMPTIONS AND ADVISING CONGRESS ON
REGULATIONS.—The Administrator—
(1) may exempt from this section air transportation operations, except scheduled passenger operations of an air carrier providing
air transportation under a certificate issued
under section 41102 of this title or a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to
be prescribed under this section at least 30
days before the effective date of the regulation, unless the Administrator decides an
emergency exists requiring the regulation to
become effective in fewer than 30 days and notifies Congress of that decision.

Page 614

In subsection (a), the words ‘‘or continue in effect
reasonable’’, ‘‘intended’’, and ‘‘the aircraft for such
transportation’’ are omitted as surplus.
In subsection (b), the words ‘‘Notwithstanding subsection (a) of this section’’ are added for clarity. The
words ‘‘One year after August 5, 1974, or after the effective date of such regulations, whichever is later’’ are
omitted as executed. The words ‘‘alter or’’, ‘‘a continuation of’’, ‘‘the extent deemed necessary to’’, and ‘‘acts
of’’ are omitted as surplus.
In subsection (c)(1), the words ‘‘in whole or in part’’
and ‘‘those’’ are omitted as surplus. The word ‘‘providing’’ is substituted for ‘‘engaging in’’ for consistency in
the revised title. The words ‘‘interstate, overseas, or
foreign’’ are omitted because of the definition of ‘‘air
transportation’’ in section 40102(a) of the revised title.
The words ‘‘of public convenience and necessity’’, ‘‘by
the Civil Aeronautics Board’’, ‘‘foreign air carrier’’, and
‘‘by the Board’’ are omitted as surplus.
In subsection (c)(2), the words ‘‘or amendments thereto’’ and ‘‘or amendments’’ are omitted as surplus.
INSTALLATION AND USE OF EXPLOSIVE DETECTION
EQUIPMENT
Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 110, provided in part that: ‘‘Not later than thirty days after the
date of the enactment of this Act [June 30, 1989], the
Federal Aviation Administrator shall initiate action,
including such rulemaking or other actions as necessary, to require the use of explosive detection equipment that meets minimum performance standards requiring application of technology equivalent to or better than thermal neutron analysis technology at such
airports (whether located within or outside the United
States) as the Administrator determines that the installation and use of such equipment is necessary to ensure the safety of air commerce. The Administrator
shall complete these actions within sixty days of enactment of this Act’’.
RESEARCH AND DEVELOPMENT OF IMPROVED AIRPORT
SECURITY SYSTEMS
Pub. L. 100–649, § 2(d), Nov. 10, 1988, 102 Stat. 3817, provided that: ‘‘The Administrator of the Federal Aviation
Administration shall conduct such research and development as may be necessary to improve the effectiveness of airport security metal detectors and airport security x-ray systems in detecting firearms that, during
the 10-year period beginning on the effective date of
this Act [see Effective Date of 1988 Amendment; Sunset
Provision note set out under section 922 of Title 18,
Crimes and Criminal Procedure], are subject to the prohibitions of section 922(p) of title 18, United States
Code.’’
SECTION REFERRED TO IN OTHER SECTIONS

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1204.)

This section is referred to in sections 106, 40109, 40119,
44902, 44915, 44938, 46301, 46314, 46316 of this title.

HISTORICAL AND REVISION NOTES

§ 44902. Refusal to transport passengers and
property

Revised Section

Source (U.S. Code)

44901(a) ......

49 App.:1356(a) (1st
sentence).

44901(b) ......

49 App.:1356(a) (2d
sentence).
49 App.:1356(c).

44901(c)(1) ..

44901(c)(2) ..

49 App.:1356(a) (3d
sentence 19th–last
words).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 315(a) (1st, 2d
sentences, 3d sentence
19th–last words); added
Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 415;
Aug. 8, 1985, Pub. L. 99–83,
§ 551(b)(1), 99 Stat. 225.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 315(c); added
Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 415;
Nov. 16, 1990, Pub. L.
101–604, § 102(a), 104 Stat.
3068.

(a) MANDATORY REFUSAL.—The Administrator
of the Federal Aviation Administration shall
prescribe regulations requiring an air carrier,
intrastate air carrier, or foreign air carrier to
refuse to transport—
(1) a passenger who does not consent to a
search under section 44901(a) of this title establishing whether the passenger is carrying
unlawfully a dangerous weapon, explosive, or
other destructive substance; or
(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.