49 Usc 44901

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 7, 2003]

[Document not affected by Public Laws enacted between

January 7, 2003 and December 19, 2003]

[CITE: 49USC44901]

TITLE 49--TRANSPORTATION

SUBTITLE VII--AVIATION PROGRAMS

PART A--AIR COMMERCE AND SAFETY

subpart iii--safety

CHAPTER 449--SECURITY

SUBCHAPTER I--REQUIREMENTS

Sec. 44901. Screening passengers and property

(a) In General.--The Under Secretary of Transportation for Security

shall provide for the screening of all passengers and property,

including United States mail, cargo, carry-on and checked baggage, and

other articles, that will be carried aboard a passenger aircraft

operated by an air carrier or foreign air carrier in air transportation

or intrastate air transportation. In the case of flights and flight

segments originating in the United States, the screening shall take

place before boarding and shall be carried out by a Federal Government

employee (as defined in section 2105 of title 5, United States Code),

except as otherwise provided in section 44919 or 44920 and except for

identifying passengers and baggage for screening under the CAPPS and

known shipper programs and conducting positive bag-match programs.

(b) Supervision of Screening.--All screening of passengers and

property at airports in the United States where screening is required

under this section shall be supervised by uniformed Federal personnel of

the Transportation Security Administration who shall have the power to

order the dismissal of any individual performing such screening.

(c) Checked Baggage.--A system must be in operation to screen all

checked baggage at all airports in the United States as soon as

practicable but not later than the 60th day following the date of

enactment of the Aviation and Transportation Security Act.

(d) Explosive Detection Systems.--

(1) In general.--The Under Secretary of Transportation for

Security shall take all necessary action to ensure that--

(A) explosive detection systems are deployed as soon as

possible to ensure that all United States airports described in

section 44903(c) have sufficient explosive detection systems to

screen all checked baggage no later than December 31, 2002, and

that as soon as such systems are in place at an airport, all

checked baggage at the airport is screened by those systems; and

(B) all systems deployed under subparagraph (A) are fully

utilized; and

(C) if explosive detection equipment at an airport is

unavailable, all checked baggage is screened by an alternative

means.

(2) Deadline.--

(A) In general.--If, in his discretion or at the request of

an airport, the Under Secretary of Transportation for Security

determines that the Transportation Security Administration is

not able to deploy explosive detection systems required to be

deployed under paragraph (1) at all airports where explosive

detection systems are required by December 31, 2002, then with

respect to each airport for which the Under Secretary makes that

determination--

(i) the Under Secretary shall submit to the Senate

Committee on Commerce, Science, and Transportation and the

House of Representatives Committee on Transportation and

Infrastructure a detailed plan (which may be submitted in

classified form) for the deployment of the number of

explosive detection systems at that airport necessary to

meet the requirements of paragraph (1) as soon as

practicable at that airport but in no event later than

December 31, 2003; and

(ii) the Under Secretary shall take all necessary action

to ensure that alternative means of screening all checked

baggage is implemented until the requirements of paragraph

(1) have been met.

(B) Criteria for determination.--In making a determination

under subparagraph (A), the Under Secretary shall take into

account--

(i) the nature and extent of the required modifications

to the airport's terminal buildings, and the technical,

engineering, design and construction issues;

(ii) the need to ensure that such installations and

modifications are effective; and

(iii) the feasibility and cost-effectiveness of

deploying explosive detection systems in the baggage sorting

area or other non-public area rather than the lobby of an

airport terminal building.

(C) Response.--The Under Secretary shall respond to the

request of an airport under subparagraph (A) within 14 days of

receiving the request. A denial of request shall create no right

of appeal or judicial review.

(D) Airport effort required.--Each airport with respect to

which the Under Secretary makes a determination under

subparagraph (A) shall--

(i) cooperate fully with the Transportation Security

Administration with respect to screening checked baggage and

changes to accommodate explosive detection systems; and

(ii) make security projects a priority for the

obligation or expenditure of funds made available under

chapter 417 or 471 until explosive detection systems

required to be deployed under paragraph (1) have been

deployed at that airport.

(3) Reports.--Until the Transportation Security Administration

has met the requirements of paragraph (1), the Under Secretary shall

submit a classified report every 30 days after the date of enactment

of this Act to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee on

Transportation and Infrastructure describing the progress made

toward meeting such requirements at each airport.

(e) Mandatory Screening Where EDS Not Yet Available.--As soon as

practicable but not later than the 60th day following the date of

enactment of the Aviation and Transportation Security Act and until the

requirements of subsection (b)(1)(A) are met, the Under Secretary shall

require alternative means for screening any piece of checked baggage

that is not screened by an explosive detection system. Such alternative

means may include 1 or more of the following:

(1) A bag-match program that ensures that no checked baggage is

placed aboard an aircraft unless the passenger who checked the

baggage is aboard the aircraft.

(2) Manual search.

(3) Search by canine explosive detection units in combination

with other means.

(4) Other means or technology approved by the Under Secretary.

(f) Cargo Deadline.--A system must be in operation to screen,

inspect, or otherwise ensure the security of all cargo that is to be

transported in all-cargo aircraft in air transportation and intrastate

air transportation as soon as practicable after the date of enactment of

the Aviation and Transportation Security Act.

(g) Deployment of Armed Personnel.--

(1) In general.--The Under Secretary shall order the deployment

of law enforcement personnel authorized to carry firearms at each

airport security screening location to ensure passenger safety and

national security.

(2) Minimum requirements.--Except at airports required to enter

into agreements under subsection (c), the Under Secretary shall

order the deployment of at least 1 law enforcement officer at each

airport security screening location. At the 100 largest airports in

the United States, in terms of annual passenger enplanements for the

most recent calendar year for which data are available, the Under

Secretary shall order the deployment of additional law enforcement

personnel at airport security screening locations if the Under

Secretary determines that the additional deployment is necessary to

ensure passenger safety and national security.

(h) Exemptions and Advising Congress on Regulations.--The Under

Secretary--

(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 Under Secretary decides an emergency exists

requiring the regulation to become effective in fewer than 30 days

and notifies Congress of that decision.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107-

71, title I, Secs. 101(f)(7), 110(b), Nov. 19, 2001, 115 Stat. 603, 614;

Pub. L. 107-296, title IV, Sec. 425, Nov. 25, 2002, 116 Stat. 2185.)

Historical and Revision Notes

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Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

44901(a).............................. 49 App.:1356(a) (1st sentence). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.

731, Sec. 315(a) (1st, 2d sentences,

3d sentence 19th-last words); added

Aug. 5, 1974, Pub. L. 93-366, Sec.

202, 88 Stat. 415; Aug. 8, 1985, Pub.

L. 99-83, Sec. 551(b)(1), 99 Stat.

225.

44901(b).............................. 49 App.:1356(a) (2d sentence).

44901(c)(1)........................... 49 App.:1356(c). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.

731, Sec. 315(c); added Aug. 5, 1974,

Pub. L. 93-366, Sec. 202, 88 Stat.

415; Nov. 16, 1990, Pub. L. 101-604,

Sec. 102(a), 104 Stat. 3068.

44901(c)(2)........................... 49 App.:1356(a) (3d sentence

19th-last words).

----------------------------------------------------------------------------------------------------------------

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.

References in Text

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsecs. (c), (e), and (f), is the date of enactment

of Pub. L. 107-71, which was approved Nov. 19, 2001.

The date of enactment of this Act, referred to in subsec. (d)(3),

probably means the date of enactment of Pub. L. 107-296, which enacted

subsec. (d)(2), (3) of this section and was approved Nov. 25, 2002.

Amendments

2002--Subsec. (d)(2), (3). Pub. L. 107-296 added pars. (2) and (3).

2001--Subsec. (a). Pub. L. 107-71, Sec. 110(b)(2), added subsec. (a)

and struck out heading and text of former subsec. (a). Text read as

follows: ``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.''

Subsec. (b). Pub. L. 107-71, Sec. 110(b)(2), added subsec. (b) and

struck out heading and text of former subsec. (b). Text read as follows:

``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.''

Subsec. (c). Pub. L. 107-71, Sec. 110(b)(2), added subsec. (c).

Former subsec. (c) redesignated (h).

Pub. L. 107-71, Sec. 101(f)(7), substituted ``Under Secretary'' for

``Administrator'' in introductory provisions and par. (2).

Subsec. (d) to (g). Pub. L. 107-71, Sec. 110(b)(2), added subsecs.

(d) to (g).

Subsec. (h). Pub. L. 107-71, Sec. 110(b)(1), redesignated subsec.

(c) as (h).

Effective Date of 2002 Amendment

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,

see section 4 of Pub. L. 107-296, set out as an Effective Date note

under section 101 of Title 6, Domestic Security.

Savings Provision

Pub. L. 107-71, title I, Sec. 141, Nov. 19, 2001, 115 Stat. 643,

provided that:

``(a) Transfer of Assets and Personnel.--Except as otherwise

provided in this Act [see Tables for classification], those personnel,

property, and records employed, used, held, available, or to be made

available in connection with a function transferred to the

Transportation Security Administration by this Act shall be transferred

to the Transportation Security Administration for use in connection with

the functions transferred. Unexpended balances of appropriations,

allocations, and other funds made available to the Federal Aviation

Administration to carry out such functions shall also be transferred to

the Transportation Security Administration for use in connection with

the functions transferred.

``(b) Legal Documents.--All orders, determinations, rules,

regulations, permits, grants, loans, contracts, settlements, agreements,

certificates, licenses, and privileges--

``(1) that have been issued, made, granted, or allowed to become

effective by the Federal Aviation Administration, any officer or

employee thereof, or any other Government official, or by a court of

competent jurisdiction, in the performance of any function that is

transferred by this Act; and

``(2) that are in effect on the effective date of such transfer

(or become effective after such date pursuant to their terms as in

effect on such effective date), shall continue in effect according

to their terms until modified, terminated, superseded, set aside, or

revoked in accordance with law by the Under Secretary of

Transportation for Security, any other authorized official, a court

of competent jurisdiction, or operation of law.

``(c) Proceedings.--

``(1) In general.--The provisions of this Act shall not affect

any proceedings or any application for any license pending before

the Federal Aviation Administration at the time this Act takes

effect [Nov. 19, 2001], insofar as those functions are transferred

by this Act; but such proceedings and applications, to the extent

that they relate to functions so transferred, shall be continued.

Orders shall be issued in such proceedings, appeals shall be taken

therefrom, and payments shall be made pursuant to such orders, as if

this Act had not been enacted; and orders issued in any such

proceedings shall continue in effect until modified, terminated,

superseded, or revoked by a duly authorized official, by a court of

competent jurisdiction, or by operation of law.

``(2) Statutory construction.--Nothing in this subsection shall

be deemed to prohibit the discontinuance or modification of any

proceeding described in paragraph (1) under the same terms and

conditions and to the same extent that such proceeding could have

been discontinued or modified if this Act had not been enacted.

``(3) Orderly transfer.--The Secretary of Transportation is

authorized to provide for the orderly transfer of pending

proceedings from the Federal Aviation Administration.

``(d) Suits.--

``(1) In general.--This Act shall not affect suits commenced

before the date of the enactment of this Act [Nov. 19, 2001], except

as provided in paragraphs (2) and (3). In all such suits, proceeding

shall be had, appeals taken, and judgments rendered in the same

manner and with the same effect as if this Act had not been enacted.

``(2) Suits by or against faa.--Any suit by or against the

Federal Aviation Administration begun before the date of the

enactment of this Act shall be continued, insofar as it involves a

function retained and transferred under this Act, with the

Transportation Security Administration (to the extent the suit

involves functions transferred to the Transportation Security

Administration under this Act) substituted for the Federal Aviation

Administration.

``(3) Remanded cases.--If the court in a suit described in

paragraph (1) remands a case to the Transportation Security

Administration, subsequent proceedings related to such case shall

proceed in accordance with applicable law and regulations as in

effect at the time of such subsequent proceedings.

``(e) Continuance of Actions Against Officers.--No suit, action, or

other proceeding commenced by or against any officer in his official

capacity as an officer of the Federal Aviation Administration shall

abate by reason of the enactment of this Act. No cause of action by or

against the Federal Aviation Administration, or by or against any

officer thereof in his official capacity, shall abate by reason of the

enactment of this Act.

``(f) Exercise of Authorities.--Except as otherwise provided by law,

an officer or employee of the Transportation Security Administration

may, for purposes of performing a function transferred by this Act or

the amendments made by this Act, exercise all authorities under any

other provision of law that were available with respect to the

performance of that function to the official responsible for the

performance of the function immediately before the effective date of the

transfer of the function under this Act.

``(g) Act Defined.--In this section, the term `Act' includes the

amendments made by this Act.''

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the

Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security, and

for treatment of related references, see sections 203(2), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as modified,

set out as a note under section 542 of Title 6.

Transition Provisions

Pub. L. 107-71, title I, Sec. 101(g), Nov. 19, 2001, 115 Stat. 603,

provided that:

``(1) Schedule for assumption of civil aviation security

functions.--Not later than 3 months after the date of enactment of this

Act [Nov. 19, 2001], the Under Secretary of Transportation for Security

shall assume civil aviation security functions and responsibilities

under chapter 449 of title 49, United States Code, as amended by this

Act, in accordance with a schedule to be developed by the Secretary of

Transportation, in consultation with air carriers, foreign air carriers,

and the Administrator of the Federal Aviation Administration. The Under

Secretary shall publish an appropriate notice of the transfer of such

security functions and responsibilities before assuming the functions

and responsibilities.

``(2) Assumption of contracts.--As of the date specified in

paragraph (1), the Under Secretary may assume the rights and

responsibilities of an air carrier or foreign air carrier contract for

provision of passenger screening services at airports in the United

States described in section 44903(c), subject to payment of adequate

compensation to parties to the contract, if any.

``(3) Assignment of contracts.--

``(A) In general.--Upon request of the Under Secretary, an air

carrier or foreign air carrier carrying out a screening or security

function under chapter 449 of title 49, United States Code, may

enter into an agreement with the Under Secretary to transfer any

contract the carrier has entered into with respect to carrying out

the function, before the Under Secretary assumes responsibility for

the function.

``(B) Schedule.--The Under Secretary may enter into an agreement

under subparagraph (A) as soon as possible, but not later than 90

days after the date of enactment of this Act [Nov. 19, 2001]. The

Under Secretary may enter into such an agreement for one 180-day

period and may extend such agreement for one 90-day period if the

Under Secretary determines it necessary.

``(4) Transfer of ownership.--In recognition of the assumption of

the financial costs of security screening of passengers and property at

airports, and as soon as practical after the date of enactment of this

Act [Nov. 19, 2001], air carriers may enter into agreements with the

Under Secretary to transfer the ownership, at no cost to the United

States Government, of any personal property, equipment, supplies, or

other material associated with such screening, regardless of the source

of funds used to acquire the property, that the Secretary determines to

be useful for the performance of security screening of passengers and

property at airports.

``(5) Performance of under secretary's functions during interim

period.--Until the Under Secretary takes office, the functions of the

Under Secretary that relate to aviation security may be carried out by

the Secretary or the Secretary's designee.''

Deadline for Deployment of Federal Screeners

Pub. L. 107-71, title I, Sec. 110(c), Nov. 19, 2001, 115 Stat. 616,

provided that:

``(1) In general.--Not later than 1 year after the date of enactment

of this Act [Nov. 19, 2001], the Under Secretary of Transportation for

Security shall deploy at all airports in the United States where

screening is required under section 44901 of title 49, United States

Code, a sufficient number of Federal screeners, Federal Security

Managers, Federal security personnel, and Federal law enforcement

officers to conduct the screening of all passengers and property under

section 44901 of such title at such airports.

``(2) Certification to congress.--Not later than 1 year after the

date of enactment of this Act, the Under Secretary shall transmit to

Congress a certification that the requirement of paragraph (1) has been

met.''

Reports

Pub. L. 107-71, title I, Sec. 110(d), Nov. 19, 2001, 115 Stat. 616,

provided that:

``(1) Deployment.--Within 6 months after the date of enactment of

this Act [Nov. 19, 2001], the Under Secretary of Transportation for

Security shall report to the Committee on Commerce, Science, and

Transportation of the Senate and to the Committee on Transportation and

Infrastructure of the House of Representatives on the deployment of the

systems required by section 44901(c) of title 49, United States Code.

The Under Secretary shall include in the report--

``(A) an installation schedule;

``(B) the dates of installation of each system; and

``(C) the date on which each system installed is operational.

``(2) Screening of small aircraft.--Within 1 year after the date of

enactment of this Act [Nov. 19, 2001], the Under Secretary of

Transportation for Security shall transmit a report to the Committee on

Commerce, Science, and Transportation of the Senate and Committee on

Transportation and Infrastructure of the House of Representatives on the

screening requirements applicable to passengers boarding, and property

being carried aboard, aircraft with 60 seats or less used in scheduled

passenger service with recommendations for any necessary changes in

those requirements.''

Installation of Advanced Security Equipment; Agreements

Pub. L. 104-264, title III, Sec. 305(b), Oct. 9, 1996, 110 Stat.

3252, provided that: ``The Administrator is authorized to use

noncompetitive or cooperative agreements with air carriers and airport

authorities that provide for the Administrator to purchase and assist in

installing advanced security equipment for the use of such entities.''

Passenger Profiling

Pub. L. 104-264, title III, Sec. 307, Oct. 9, 1996, 110 Stat. 3253,

provided that: ``The Administrator of the Federal Aviation

Administration, the Secretary of Transportation, the intelligence

community, and the law enforcement community should continue to assist

air carriers in developing computer-assisted passenger profiling

programs and other appropriate passenger profiling programs which should

be used in conjunction with other security measures and technologies.''

Authority To Use Certain Funds for Airport Security Programs and

Activities

Pub. L. 104-264, title III, Sec. 308, Oct. 9, 1996, 110 Stat. 3253,

which provided that funds from project grants made under subchapter I of

chapter 471 of this title and passenger facility fees collected under

section 40117 of this title could be used for the improvement of

facilities and the purchase and deployment of equipment to enhance and

ensure safe air travel, was repealed by Pub. L. 108-176, title I,

Sec. 143, Dec. 12, 2003, 117 Stat. 2503.

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, Sec. 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.''

Definitions of Terms in Pub. L. 107-71

For definitions of terms used in sections 101(g) and 110(c), (d), of

Pub. L. 107-71, set out above, see section 133 of Pub. L. 107-71, set

out as a note under section 40102 of this title.

Section Referred to in Other Sections

This section is referred to in sections 106, 114, 40109, 44902,

44915, 44919, 44920, 44935, 44936, 44938, 44940, 46314 of this title;

title 6 section 233.