FAC Security Programs

Page 1159

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44905(a) ......

49 App.:1358d(a).

44905(b) ......
44905(c)(1) ..

49 App.:1358d(b).
49 App.:1358d(c)(1),
(d).
49 App.:1358d(e).
49 App.:1358d(c)(2).
49 App.:1358d(f).
49 App.:1358d(h).
49 App.:1358d(g).

44905(c)(2) ..
44905(d) ......
44905(e) ......
44905(f) .......
44905(g) ......

§ 44907

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 321; added
Nov. 16, 1990, Pub. L.
101–604, § 109(a), 104 Stat.
3078.

In subsection (a), the words ‘‘employed by an air carrier, airport operator, or ticket agent’’ are substituted
for ‘‘employed by such an entity’’ for clarity. The
words ‘‘or a designee of the Secretary’’ are omitted as
unnecessary.
In subsections (c)(1), before clause (A), and (d), the
words ‘‘Not later than 180 days after November 16, 1990’’
are omitted as obsolete.
In subsection (c)(1)(B), the words ‘‘when considered
appropriate’’ are omitted as unnecessary because of the
restatement.
In subsection (e), the words ‘‘selective potential travelers’’ are substituted for ‘‘only selective potential
travelers’’ to eliminate an unnecessary word.
In subsection (f), the words ‘‘departments, agencies,
and instrumentalities of the Government’’ are substituted for ‘‘agencies’’ for clarity and consistency in
the revised title and with other titles of the United
States Code. The words ‘‘However, a restriction on access to that information may be imposed only if the restriction does not diminish’’ are substituted for ‘‘Any
restriction adopted pursuant to this subsection shall
not diminish’’ for clarity.
AMENDMENTS
2001—Subsec. (b). Pub. L. 107–71, § 101(f)(7), (9), substituted ‘‘Under Secretary of Transportation for Security’’ for ‘‘Administrator of the Federal Aviation Administration’’.
Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 107–71,
§ 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
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.

§ 44906. Foreign air carrier security programs
The Under Secretary of Transportation for Security shall continue in effect the requirement
of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt
and use a security program approved by the
Under Secretary. The Under Secretary shall not
approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the
foreign air carrier in its operations to and from
airports in the United States to adhere to the
identical security measures that the Under Secretary requires air carriers serving the same airports to adhere to. The foregoing requirement
shall not be interpreted to limit the ability of

the Under Secretary to impose additional security measures on a foreign air carrier or an air
carrier when the Under Secretary determines
that a specific threat warrants such additional
measures. The Under Secretary shall prescribe
regulations to carry out this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1208;
Pub. L. 104–132, title III, § 322, Apr. 24, 1996, 110
Stat. 1254; Pub. L. 107–71, title I, § 101(f)(7), (9),
Nov. 19, 2001, 115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section
44906(a)(1) ..

Source (U.S. Code)
49 App.:1357(k)
(1)–(3).

49 App.:1357 (note).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(k)(1)–(3);
added Nov. 16, 1990, Pub.
L. 101–604, § 105(a), 104
Stat. 3074.
Nov. 16, 1990, Pub. L. 101–604,
§ 105(c), 104 Stat. 3075.

The text of 49 App.:1357(k)(3) and the words ‘‘Not later
than 180 days after the date of enactment of this Act’’
in section 105(c) of the Aviation Security Improvement
Act of 1990 (Public Law 101–604, 104 Stat. 3075) are omitted as obsolete.
AMENDMENTS
2001—Pub. L. 107–71 substituted ‘‘Under Secretary’’
for ‘‘Administrator’’ wherever appearing and ‘‘of Transportation for Security’’ for ‘‘of the Federal Aviation
Administration’’.
1996—Pub. L. 104–132 reenacted section catchline
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘The Administrator
of the Federal Aviation Administration shall continue
in effect the requirement of section 129.25 of title 14,
Code of Federal Regulations, that a foreign air carrier
must adopt and use a security program approved by the
Administrator. The Administrator may approve a security program of a foreign air carrier under section
129.25 only if the Administrator decides the security
program provides passengers of the foreign air carrier
a level of protection similar to the level those passengers would receive under the security programs of
air carriers serving the same airport. The Administrator shall require a foreign air carrier to use procedures equivalent to those required of air carriers serving the same airport if the Administrator decides that
the procedures are necessary to provide a level of protection similar to that provided passengers of the air
carriers serving the same airport. The Administrator
shall prescribe regulations to carry out this section.’’
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.

§ 44907. Security standards at foreign airports
(a) ASSESSMENT.—(1) At intervals the Secretary of Transportation considers necessary,
the Secretary shall assess the effectiveness of
the security measures maintained at—
(A) a foreign airport—
(i) served by an air carrier;
(ii) from which a foreign air carrier serves
the United States; or