Screening Passengers and Property

§ 44901

TITLE 49—TRANSPORTATION

(1) IN GENERAL.—The limitation established
by subsection (a) shall not apply to a report,
data, or other information if the information
contained in the report, data, or other information has been de-identified.
(2) DE-IDENTIFIED DEFINED.—In this subsection, the term ‘‘de-identified’’ means the
process by which all information that is likely
to establish the identity of the specific persons or entities submitting reports, data, or
other information is removed from the reports, data, or other information.
(Added Pub. L. 112–95, title III, § 310(a), Feb. 14,
2012, 126 Stat. 64.)
CHAPTER 449—SECURITY
SUBCHAPTER I—REQUIREMENTS
Sec.

44901.
44902.
44903.
44904.
44905.
44906.
44907.
44908.

Screening passengers and property.
Refusal to transport passengers and property.
Air transportation security.
Domestic air transportation system security.
Information about threats to civil aviation.
Foreign air carrier security programs.
Security standards at foreign airports.
Travel advisory and suspension of foreign assistance.
44909.
Passenger manifests.
44910.
Agreements on aircraft sabotage, aircraft hijacking, and airport security.
44911.
Intelligence.
44912.
Research and development.
44913.
Explosive detection.
44914.
Airport construction guidelines.
44915.
Exemptions.
44916.
Assessments and evaluations.
44917.
Deployment of Federal air marshals.
44918.
Crew training.
44919.
Security screening pilot program.
44920.
Security screening opt-out program.
44921.
Federal flight deck officer program.
44922.
Deputation of State and local law enforcement officers.
44923.
Airport security improvement projects.
44924.
Repair station security.
44925.
Deployment and use of detection equipment
at airport screening checkpoints.
44926.
Appeal and redress process for passengers
wrongly delayed or prohibited from boarding a flight.
44927.
Expedited screening for severely injured or
disabled members of the Armed Forces and
severely injured or disabled veterans.
SUBCHAPTER II—ADMINISTRATION AND
PERSONNEL
[44931, 44932. Repealed.]
44933.
Federal Security Managers.
44934.
Foreign Security Liaison Officers.
44935.
Employment standards and training.
44936.
Employment investigations and restrictions.
44937.
Prohibition on transferring duties and powers.
44938.
Reports.
44939.
Training to operate certain aircraft.
44940.
Security service fee.
44941.
Immunity for reporting suspicious activities.
44942.
Performance goals and objectives.1
44943.
Performance management system.1
44944.
Voluntary provision of emergency services.
44945.
Disposition of unclaimed money and clothing.
AMENDMENTS
2013—Pub. L. 113–27, § 2(b), Aug. 9, 2013, 127 Stat. 504,
which directed amendment of analysis for subchapter I
1 Editorially supplied. Section added by Pub. L. 107–71 without
corresponding amendment of chapter analysis.

Page 1022

of chapter 449 by adding item 44927 after item 44926, was
executed by adding item 44927 to analysis for this chapter to reflect the probable intent of Congress.
Pub. L. 112–271, § 2(b), Jan. 14, 2013, 126 Stat. 2447, substituted ‘‘Disposition of unclaimed money and clothing’’ for ‘‘Disposition of unclaimed money’’ in item
44945.
2007—Pub. L. 110–53, title XVI, § 1606(b), Aug. 3, 2007,
121 Stat. 483, added item 44926.
2004—Pub. L. 108–458, title IV, § 4013(b), Dec. 17, 2004,
118 Stat. 3720, added item 44925.
Pub. L. 108–334, title V, § 515(c), Oct. 18, 2004, 118 Stat.
1318, added item 44945.
2003—Pub. L. 108–176, title VI, §§ 605(b)(3), 611(b)(2),
Dec. 12, 2003, 117 Stat. 2568, 2572, added items 44923 and
44924.
Pub. L. 108–7, div. I, title III, § 351(c), Feb. 20, 2003, 117
Stat. 420, added item 44922.
2002—Pub. L. 107–296, title XIV, § 1402(b)(1), Nov. 25,
2002, 116 Stat. 2305, added item 44921.
2001—Pub. L. 107–71, title I, §§ 101(f)(6), 105(b), 107(b),
108(b), 113(b), 125(b), 131(b), Nov. 19, 2001, 115 Stat. 603,
607, 611, 613, 622, 632, 635, added items 44917 to 44920,
44939, 44941, and 44944 and struck out items 44931 ‘‘Director of Intelligence and Security’’ and 44932 ‘‘Assistant
Administrator for Civil Aviation Security’’.
Pub. L. 107–71, title I, § 118(b), Nov. 19, 2001, 115 Stat.
627, which directed addition of item 44940 to the analysis for chapter 449 without specifying the Code title to
be amended, was executed by adding item 44940 to this
analysis to reflect the probable intent of Congress.
1996—Pub. L. 104–264, title III, § 312(b), Oct. 9, 1996, 110
Stat. 3254, added item 44916.

SUBCHAPTER I—REQUIREMENTS
§ 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) EXPLOSIVES DETECTION SYSTEMS.—
(1) IN GENERAL.—The Under Secretary of
Transportation for Security shall take all necessary action to ensure that—
(A) explosives detection systems are deployed as soon as possible to ensure that all

Page 1023

TITLE 49—TRANSPORTATION

United States airports described in section
44903(c) have sufficient explosives 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 explosives 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 explosives
detection systems required to be deployed
under paragraph (1) at all airports where explosives 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
explosives 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 explosives detection systems
in the baggage sorting area or other nonpublic 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 explosives detection systems; and

§ 44901

(ii) make security projects a priority for
the obligation or expenditure of funds
made available under chapter 417 or 471
until explosives 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.
(4) PRECLEARANCE AIRPORTS.—
(A) IN GENERAL.—For a flight or flight segment originating at an airport outside the
United States and traveling to the United
States with respect to which checked baggage has been screened in accordance with
an aviation security preclearance agreement
between the United States and the country
in which such airport is located, the Assistant Secretary (Transportation Security Administration) may, in coordination with
U.S. Customs and Border Protection, determine whether such baggage must be rescreened in the United States by an explosives detection system before such baggage
continues on any additional flight or flight
segment.
(B) AVIATION SECURITY PRECLEARANCE
AGREEMENT DEFINED.—In this paragraph, the
term ‘‘aviation security preclearance agreement’’ means an agreement that delineates
and implements security standards and protocols that are determined by the Assistant
Secretary, in coordination with U.S. Customs and Border Protection, to be comparable to those of the United States and
therefore sufficiently effective to enable passengers to deplane into sterile areas of airports in the United States.
(C) REPORT.—The Assistant Secretary
shall submit to the Committee on Homeland
Security of the House of Representatives,
the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate an annual report on the re-screening of baggage under
this paragraph. Each such report shall include the following for the year covered by
the report:
(i) A list of airports outside the United
States from which a flight or flight segment traveled to the United States for
which the Assistant Secretary determined,
in accordance with the authority under
subparagraph (A), that checked baggage
was not required to be re-screened in the
United States by an explosives detection
system before such baggage continued on
an additional flight or flight segment.
(ii) The amount of Federal savings generated from the exercise of such authority.
(e) MANDATORY SCREENING WHERE EDS NOT
YET AVAILABLE.—As soon as practicable but not

§ 44901

TITLE 49—TRANSPORTATION

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 explosives 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 explosives 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) AIR CARGO ON PASSENGER AIRCRAFT.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act
of 2007, the Secretary of Homeland Security
shall establish a system to screen 100 percent
of cargo transported on passenger aircraft operated by an air carrier or foreign air carrier
in air transportation or intrastate air transportation to ensure the security of all such
passenger aircraft carrying cargo.
(2) MINIMUM STANDARDS.—The system referred to in paragraph (1) shall require, at a
minimum, that equipment, technology, procedures, personnel, or other methods approved
by the Administrator of the Transportation
Security Administration, are used to screen
cargo carried on passenger aircraft described
in paragraph (1) to provide a level of security
commensurate with the level of security for
the screening of passenger checked baggage as
follows:
(A) 50 percent of such cargo is so screened
not later than 18 months after the date of
enactment of the Implementing Recommendations of the 9/11 Commission Act of
2007.
(B) 100 percent of such cargo is so screened
not later than 3 years after such date of enactment.
(3) REGULATIONS.—
(A) INTERIM FINAL RULE.—The Secretary of
Homeland Security may issue an interim
final rule as a temporary regulation to implement this subsection without regard to
the provisions of chapter 5 of title 5.
(B) FINAL RULE.—
(i) IN GENERAL.—If the Secretary issues
an interim final rule under subparagraph
(A), the Secretary shall issue, not later
than one year after the effective date of
the interim final rule, a final rule as a permanent regulation to implement this subsection in accordance with the provisions
of chapter 5 of title 5.

Page 1024

(ii) FAILURE TO ACT.—If the Secretary
does not issue a final rule in accordance
with clause (i) on or before the last day of
the one-year period referred to in clause
(i), the Secretary shall submit to the Committee on Homeland Security of the House
of Representatives, Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland
Security and Governmental Affairs of the
Senate a report explaining why the final
rule was not timely issued and providing
an estimate of the earliest date on which
the final rule will be issued. The Secretary
shall submit the first such report within 10
days after such last day and submit a report to the Committees containing updated information every 30 days thereafter
until the final rule is issued.
(iii) SUPERCEDING 1 OF INTERIM FINAL
RULE.—The final rule issued in accordance
with this subparagraph shall supersede the
interim final rule issued under subparagraph (A).
(4) REPORT.—Not later than 1 year after the
date of establishment of the system under
paragraph (1), the Secretary shall submit to
the Committees referred to in paragraph
(3)(B)(ii) a report that describes the system.
(5) SCREENING DEFINED.—In this subsection
the term ‘‘screening’’ means a physical examination or non-intrusive methods of assessing
whether cargo poses a threat to transportation
security. Methods of screening include x-ray
systems, explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation Security Administration, or a physical search
together with manifest verification. The Administrator may approve additional methods
to ensure that the cargo does not pose a threat
to transportation security and to assist in
meeting the requirements of this subsection.
Such additional cargo screening methods shall
not include solely performing a review of information about the contents of cargo or verifying the identity of a shipper of the cargo
that is not performed in conjunction with
other security methods authorized under this
subsection, including whether a known shipper
is registered in the known shipper database.
Such additional cargo screening methods may
include a program to certify the security
methods used by shippers pursuant to paragraphs (1) and (2) and alternative screening
methods pursuant to exemptions referred to in
subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007.
(h) 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
1 So

in original.

Page 1025

TITLE 49—TRANSPORTATION

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.
(i) 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.
(j) BLAST-RESISTANT CARGO CONTAINERS.—
(1) IN GENERAL.—Before January 1, 2008, the
Administrator of the Transportation Security
Administration shall—
(A) evaluate the results of the blast-resistant cargo container pilot program that was
initiated before the date of enactment of
this subsection; and
(B) prepare and distribute through the
Aviation Security Advisory Committee to
the appropriate Committees of Congress and
air carriers a report on that evaluation
which may contain nonclassified and classified sections.
(2) ACQUISITION, MAINTENANCE, AND REPLACEMENT.—Upon completion and consistent with
the results of the evaluation that paragraph
(1)(A) requires, the Administrator shall—
(A) develop and implement a program, as
the Administrator determines appropriate,
to acquire, maintain, and replace blast-resistant cargo containers;
(B) pay for the program; and
(C) make available blast-resistant cargo
containers to air carriers pursuant to paragraph (3).
(3) DISTRIBUTION TO AIR CARRIERS.—The Administrator shall make available, beginning
not later than July 1, 2008, blast-resistant
cargo containers to air carriers for use on a
risk managed basis as determined by the Administrator.
(k) GENERAL AVIATION AIRPORT SECURITY
GRAM.—
(1) IN GENERAL.—Not later than one

PRO-

year
after the date of enactment of this subsection,
the Administrator of the Transportation Security Administration shall—
(A) develop a standardized threat and vulnerability assessment program for general
aviation airports (as defined in section
47134(m)); and

§ 44901

(B) implement a program to perform such
assessments on a risk-managed basis at general aviation airports.
(2) GRANT PROGRAM.—Not later than 6
months after the date of enactment of this
subsection, the Administrator shall initiate
and complete a study of the feasibility of a
program, based on a risk-managed approach,
to provide grants to operators of general aviation airports (as defined in section 47134(m))
for projects to upgrade security at such airports. If the Administrator determines that
such a program is feasible, the Administrator
shall establish such a program.
(3) APPLICATION TO GENERAL AVIATION AIRCRAFT.—Not later than 180 days after the date
of enactment of this subsection, the Administrator shall develop a risk-based system under
which—
(A) general aviation aircraft, as identified
by the Administrator, in coordination with
the Administrator of the Federal Aviation
Administration, are required to submit passenger information and advance notification
requirements for United States Customs and
Border Protection before entering United
States airspace; and
(B) such information is checked against
appropriate databases.
(4) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to the
Administrator of the Transportation Security
Administration such sums as may be necessary to carry out paragraphs (2) and (3).
(l) LIMITATIONS ON USE OF ADVANCED IMAGING
TECHNOLOGY FOR SCREENING PASSENGERS.—
(1) DEFINITIONS.—In this subsection, the following definitions apply:
(A) ADVANCED IMAGING TECHNOLOGY.—The
term ‘‘advanced imaging technology’’—
(i) means a device used in the screening
of passengers that creates a visual image
of an individual showing the surface of the
skin and revealing other objects on the
body; and
(ii)
may
include
devices
using
backscatter x-rays or millimeter waves
and devices referred to as ‘‘whole-body imaging technology’’ or ‘‘body scanning machines’’.
(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional
committees’’ means—
(i) the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii) the Committee on Homeland Security of the House of Representatives.
(C) AUTOMATIC TARGET RECOGNITION SOFTWARE.—The term ‘‘automatic target recognition software’’ means software installed on
an advanced imaging technology that produces a generic image of the individual being
screened that is the same as the images produced for all other screened individuals.
(2) USE OF ADVANCED IMAGING TECHNOLOGY.—
Beginning June 1, 2012, the Assistant Sec-

§ 44901

TITLE 49—TRANSPORTATION

retary of Homeland Security (Transportation
Security Administration) shall ensure that
any advanced imaging technology used for the
screening of passengers under this section—
(A) is equipped with and employs automatic target recognition software; and
(B) complies with such other requirements
as the Assistant Secretary determines necessary to address privacy considerations.
(3) EXTENSION.—
(A) IN GENERAL.—The Assistant Secretary
may extend the deadline specified in paragraph (2), if the Assistant Secretary determines that—
(i) an advanced imaging technology
equipped with automatic target recognition software is not substantially as effective at screening passengers as an advanced imaging technology without such
software; or
(ii) additional testing of such software is
necessary.
(B) DURATION OF EXTENSIONS.—The Assistant Secretary may issue one or more extensions under subparagraph (A). The duration
of each extension may not exceed one year.
(4) REPORTS.—
(A) IN GENERAL.—Not later than 60 days
after the deadline specified in paragraph (2),
and not later than 60 days after the date on
which the Assistant Secretary issues any extension under paragraph (3), the Assistant
Secretary shall submit to the appropriate
congressional committees a report on the
implementation of this subsection.
(B) ELEMENTS.—A report submitted under
subparagraph (A) shall include the following:
(i) A description of all matters the Assistant Secretary considers relevant to the
implementation of the requirements of
this subsection.
(ii) The status of compliance by the
Transportation Security Administration
with such requirements.
(iii) If the Administration is not in full
compliance with such requirements—
(I) the reasons for the noncompliance;
and
(II) a timeline depicting when the Assistant Secretary expects the Administration to achieve full compliance.
(C) SECURITY CLASSIFICATION.—To the
greatest extent practicable, a report prepared under subparagraph (A) shall be submitted in an unclassified format. If necessary, the report may include a classified
annex.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204;
Pub. L. 107–71, title I, §§ 101(f)(7), 110(b), Nov. 19,
2001, 115 Stat. 603, 614; Pub. L. 107–296, title IV,
§ 425, Nov. 25, 2002, 116 Stat. 2185; Pub. L. 110–53,
title XVI, §§ 1602(a), 1609, 1617, Aug. 3, 2007, 121
Stat. 477, 484, 488; Pub. L. 112–95, title VIII, § 826,
Feb. 14, 2012, 126 Stat. 132; Pub. L. 112–218, § 2,
Dec. 20, 2012, 126 Stat. 1593.)

Page 1026

HISTORICAL AND REVISION NOTES
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) ..

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.

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.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, such
date of enactment, and the date of enactment of this
subsection, referred to in subsecs. (g)(1), (2), (j)(1)(A),
and (k)(1)–(3), is the date of enactment of Pub. L. 110–53,
which was approved Aug. 3, 2007.
Subsection (b) of section 1602 of the Implementing
Recommendations of the 9/11 Commission Act of 2007,
referred to in subsec. (g)(5), is section 1602(b) of Pub. L.
110–53, title XVI, Aug. 3, 2007, 121 Stat. 479, which is not
classified to the Code.
AMENDMENTS
2012—Subsec. (d). Pub. L. 112–218, § 2(b), which directed substitution of ‘‘explosives’’ for ‘‘explosive’’
wherever appearing in this section, was executed in
subsec. (d) by making such substitution wherever appearing in text as well as by substituting ‘‘Explosives’’
for ‘‘Explosive’’ in heading, to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 112–218, § 2(a), added par. (4).
Subsec. (e). Pub. L. 112–218, § 2(b), substituted ‘‘explosives’’ for ‘‘explosive’’ in introductory provisions and in
par. (3).
Subsec. (l). Pub. L. 112–95 added subsec. (l).
2007—Subsecs. (g) to (i). Pub. L. 110–53, § 1602(a), added
subsec. (g) and redesignated former subsecs. (g) and (h)
as (h) and (i), respectively.

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TITLE 49—TRANSPORTATION

Subsec. (j). Pub. L. 110–53, § 1609, added subsec. (j).
Subsec. (k). Pub. L. 110–53, § 1617, added subsec. (k).
2002—Subsec. (d)(2), (3). Pub. L. 107–296 added pars. (2)
and (3).
2001—Subsec. (a). Pub. L. 107–71, § 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, § 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, § 110(b)(2), added subsec.
(c). Former subsec. (c) redesignated (h).
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions
and par. (2).
Subsecs. (d) to (g). Pub. L. 107–71, § 110(b)(2), added
subsecs. (d) to (g).
Subsec. (h). Pub. L. 107–71, § 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, § 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 Adminis-

§ 44901

tration 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.

§ 44901

TITLE 49—TRANSPORTATION
TRANSITION PROVISIONS

Pub. L. 107–71, title I, § 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 180day 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.’’
PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES
Pub. L. 110–53, title XVI, § 1610, Aug. 3, 2007, 121 Stat.
484, provided that:
‘‘(a) TECHNOLOGY RESEARCH AND PILOT PROJECTS.—
‘‘(1) RESEARCH AND DEVELOPMENT.—The Secretary of
Homeland Security, in consultation with the Administrator of the Transportation Security Administration, shall expedite research and development programs for technologies that can disrupt or prevent an
explosive device from being introduced onto a passenger plane or from damaging a passenger plane
while in flight or on the ground. The research shall be
used in support of implementation of section 44901 of
title 49, United States Code.
‘‘(2) PILOT PROJECTS.—The Secretary, in conjunction with the Secretary of Transportation, shall establish a grant program to fund pilot projects—
‘‘(A) to deploy technologies described in paragraph (1); and
‘‘(B) to test technologies to expedite the recovery,
development, and analysis of information from air-

Page 1028

craft accidents to determine the cause of the accident, including deployable flight deck and voice recorders and remote location recording devices.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of
Homeland Security for fiscal year 2008 such sums as
may be necessary to carry out this section. Such sums
shall remain available until expended.’’
STANDARDS FOR INCREASING THE USE OF EXPLOSIVE
DETECTION EQUIPMENT
Pub. L. 109–295, title V, § 518, Oct. 4, 2006, 120 Stat.
1380, provided that: ‘‘The Secretary of Homeland Security, in consultation with industry stakeholders, shall
develop standards and protocols for increasing the use
of explosive detection equipment to screen air cargo
when appropriate.’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 109–90, title V, § 524, Oct. 18, 2005, 119 Stat.
2086.
USE OF EXISTING EQUIPMENT TO SCREEN PASSENGER
CARGO; REPORTS
Pub. L. 109–90, title V, § 525, Oct. 18, 2005, 119 Stat.
2086, provided that: ‘‘The Transportation Security Administration (TSA) shall utilize existing checked baggage explosive detection equipment and screeners to
screen cargo carried on passenger aircraft to the greatest extent practicable at each airport: Provided, That
beginning with November 2005, TSA shall provide a
monthly report to the Committees on Appropriations
of the Senate and the House of Representatives detailing, by airport, the amount of cargo carried on passenger aircraft that was screened by TSA in August
2005 and each month thereafter.’’
IN-LINE CHECKED BAGGAGE SCREENING
Pub. L. 108–458, title IV, § 4019(a), (b), Dec. 17, 2004, 118
Stat. 3721, provided that:
‘‘(a) IN-LINE BAGGAGE SCREENING EQUIPMENT.—The
Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action
as may be necessary to expedite the installation and
use of in-line baggage screening equipment at airports
at which screening is required by section 44901 of title
49, United States Code.
‘‘(b) SCHEDULE.—Not later than 180 days after the
date of enactment of this Act [Dec. 17, 2004], the Assistant Secretary shall submit to the appropriate congressional committees a schedule to expedite the installation and use of in-line baggage screening equipment at
such airports, with an estimate of the impact that such
equipment, facility modification, and baggage conveyor
placement will have on staffing needs and levels related
to aviation security.’’
CHECKED BAGGAGE SCREENING AREA MONITORING
Pub. L. 108–458, title IV, § 4020, Dec. 17, 2004, 118 Stat.
3722, provided that:
‘‘(a) IN GENERAL.—The Under Secretary for Border
and Transportation Security of the Department of
Homeland Security shall provide, subject to the availability of funds, assistance to airports at which screening is required by section 44901 of title 49, United States
Code, and that have checked baggage screening areas
that are not open to public view in the acquisition and
installation of security monitoring cameras for surveillance of such areas in order to deter theft from checked
baggage and to aid in the speedy resolution of liability
claims against the Transportation Security Administration.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2005 such sums as may be
necessary to carry out this section. Such sums shall remain available until expended.’’

Page 1029

TITLE 49—TRANSPORTATION

PILOT PROGRAM TO EVALUATE USE OF BLAST
RESISTANT CARGO AND BAGGAGE CONTAINERS
Pub. L. 108–458, title IV, § 4051, Dec. 17, 2004, 118 Stat.
3728, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), beginning not later than 180 days after Dec. 17, 2004, to
carry out a pilot program to evaluate the use of blastresistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device, and directed the Assistant Secretary to provide incentives to air carriers to
volunteer to participate in such program.
AIR CARGO SECURITY
Pub. L. 108–458, title IV, § 4052, Dec. 17, 2004, 118 Stat.
3728, provided that:
‘‘(a) AIR CARGO SCREENING TECHNOLOGY.—The Assistant Secretary of Homeland Security (Transportation
Security Administration) shall develop technology to
better identify, track, and screen air cargo.
‘‘(b) IMPROVED AIR CARGO AND AIRPORT SECURITY.—
There is authorized to be appropriated to the Secretary
of Homeland Security for the use of the Transportation
Security Administration, in addition to any amounts
otherwise authorized by law, for the purpose of improving aviation security related to the transportation of
cargo on both passenger aircraft and all-cargo aircraft—
‘‘(1) $200,000,000 for fiscal year 2005;
‘‘(2) $200,000,000 for fiscal year 2006; and
‘‘(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
‘‘(c) RESEARCH, DEVELOPMENT, AND DEPLOYMENT.—To
carry out subsection (a), there is authorized to be appropriated to the Secretary, in addition to any
amounts otherwise authorized by law, for research and
development related to enhanced air cargo security
technology as well as for deployment and installation
of enhanced air cargo security technology—
‘‘(1) $100,000,000 for fiscal year 2005;
‘‘(2) $100,000,000 for fiscal year 2006; and
‘‘(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
‘‘(d) ADVANCED CARGO SECURITY GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish and
carry out a program to issue competitive grants to
encourage the development of advanced air cargo security technology, including use of innovative financing or other means of funding such activities. The
Secretary may make available funding for this purpose from amounts appropriated pursuant to subsection (c).
‘‘(2) ELIGIBILITY CRITERIA, ETC.—The Secretary shall
establish such eligibility criteria, establish such application and administrative procedures, and provide
for such matching funding requirements, if any, as
may be necessary and appropriate to ensure that the
technology is deployed as fully and rapidly as possible.’’
IDENTIFICATION STANDARDS
Pub. L. 108–458, title VII, § 7220, Dec. 17, 2004, 118 Stat.
3835, provided that:
‘‘(a) PROPOSED STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary of Homeland Security—
‘‘(A) shall propose minimum standards for identification documents required of domestic commercial airline passengers for boarding an aircraft; and
‘‘(B) may, from time to time, propose minimum
standards amending or replacing standards previously proposed and transmitted to Congress and
approved under this section.
‘‘(2) SUBMISSION TO CONGRESS.—Not later than 6
months after the date of enactment of this Act [Dec.
17, 2004], the Secretary shall submit the standards
under paragraph (1)(A) to the Senate and the House of
Representatives on the same day while each House is
in session.

§ 44901

‘‘(3) EFFECTIVE DATE.—Any proposed standards submitted to Congress under this subsection shall take
effect when an approval resolution is passed by the
House and the Senate under the procedures described
in subsection (b) and becomes law.
‘‘(b) CONGRESSIONAL APPROVAL PROCEDURES.—
‘‘(1) RULEMAKING POWER.—This subsection is enacted by Congress—
‘‘(A) as an exercise of the rulemaking power of
the Senate and the House of Representatives, respectively, and as such they are deemed a part of
the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in
that House in the case of such approval resolutions;
and it supersedes other rules only to the extent
that they are inconsistent therewith; and
‘‘(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any
time, in the same manner and to the same extent
as in the case of any other rule of that House.
‘‘(2) APPROVAL RESOLUTION.—For the purpose of this
subsection, the term ‘approval resolution’ means a
joint resolution of Congress, the matter after the resolving clause of which is as follows: ‘That the Congress approves the proposed standards issued under
section 7220 of the 9/11 Commission Implementation
Act of 2004, transmitted by the President to the Congress on llllll’, the blank space being filled in
with the appropriate date.
‘‘(3) INTRODUCTION.—Not later than the first day of
session following the day on which proposed standards are transmitted to the House of Representatives
and the Senate under subsection (a), an approval resolution—
‘‘(A) shall be introduced (by request) in the House
by the Majority Leader of the House of Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by Members
of the House of Representatives designated by the
Majority Leader and Minority Leader of the House;
and
‘‘(B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the
Majority Leader and Minority Leader of the Senate.
‘‘(4) PROHIBITIONS.—
‘‘(A) AMENDMENTS.—No amendment to an approval resolution shall be in order in either the
House of Representatives or the Senate.
‘‘(B) MOTIONS TO SUSPEND.—No motion to suspend
the application of this paragraph shall be in order
in either House, nor shall it be in order in either
House for the Presiding Officer to entertain a request to suspend the application of this paragraph
by unanimous consent.
‘‘(5) REFERRAL.—
‘‘(A) IN GENERAL.—An approval resolution shall be
referred to the committees of the House of Representatives and of the Senate with jurisdiction.
Each committee shall make its recommendations
to the House of Representatives or the Senate, as
the case may be, within 45 days after its introduction. Except as provided in subparagraph (B), if a
committee to which an approval resolution has
been referred has not reported it at the close of the
45th day after its introduction, such committee
shall be automatically discharged from further consideration of the resolution and it shall be placed
on the appropriate calendar.
‘‘(B) FINAL PASSAGE.—A vote on final passage of
the resolution shall be taken in each House on or
before the close of the 15th day after the resolution
is reported by the committee or committees of that
House to which it was referred, or after such committee or committees have been discharged from
further consideration of the resolution.
‘‘(C) COMPUTATION OF DAYS.—For purposes of this
paragraph, in computing a number of days in either

§ 44901

TITLE 49—TRANSPORTATION

House, there shall be excluded any day on which
that House is not in session.
‘‘(6) COORDINATION WITH ACTION OF OTHER HOUSE.—If
prior to the passage by one House of an approval resolution of that House, that House receives the same
approval resolution from the other House, then the
procedure in that House shall be the same as if no approval resolution has been received from the other
House, but the vote on final passage shall be on the
approval resolution of the other House.
‘‘(7) FLOOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.—
‘‘(A) MOTION TO PROCEED.—A motion in the House
of Representatives to proceed to the consideration
of an approval resolution shall be highly privileged
and not debatable. An amendment to the motion
shall not be in order, not shall it be in order to
move to reconsider the vote by which the motion is
agreed to or disagreed to.
‘‘(B) DEBATE.—Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 4 hours,
which shall be divided equally between those favoring and those opposing the resolution. A motion to
further limit debate shall not be debatable. It shall
not be in order to move to recommit an approval
resolution or to move to reconsider the vote by
which an approval resolution is agreed to or disagreed to.
‘‘(C) MOTION TO POSTPONE.—Motions to postpone
made in the House of Representatives with respect
to the consideration of an approval resolution and
motions to proceed to the consideration of other
business shall be decided without debate.
‘‘(D) APPEALS.—All appeals from the decisions of
the Chair relating to the application of the Rules of
the House of Representatives to the procedure relating to an approval resolution shall be decided
without debate.
‘‘(E) RULES OF THE HOUSE OF REPRESENTATIVES.—
Except to the extent specifically provided in subparagraphs (A) through (D), consideration of an approval resolution shall be governed by the Rules of
the House of Representatives applicable to other
resolutions in similar circumstances.
‘‘(8) FLOOR CONSIDERATION IN THE SENATE.—
‘‘(A) MOTION TO PROCEED.—A motion in the Senate
to proceed to the consideration of an approval resolution shall be privileged and not debatable. An
amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
‘‘(B) DEBATE ON RESOLUTION.—Debate in the Senate on an approval resolution, and appeals in connection therewith, shall be limited to not more
than 10 hours, which shall be equally divided between, and controlled by, the Majority Leader and
the Minority Leader, or their designees.
‘‘(C) DEBATE ON MOTIONS AND APPEALS.—Debate in
the Senate on any debatable motion or appeal in
connection with an approval resolution shall be
limited to not more than 1 hour, which shall be
equally divided between, and controlled by, the
mover and the manager of the resolution, except
that in the event the manager of the resolution is
in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the Minority Leader or designee. Such leaders, or either of
them, may, from time under their control on the
passage of an approval resolution, allot additional
time to any Senator during the consideration of
any debatable motion or appeal.
‘‘(D) LIMIT ON DEBATE.—A motion in the Senate to
further limit debate is not debatable. A motion to
recommit an approval resolution is not in order.
‘‘(c) DEFAULT STANDARDS.—
‘‘(1) IN GENERAL.—If the standards proposed under
subsection (a)(1)(A) are not approved pursuant to the
procedures described in subsection (b), then not later
than 1 year after rejection by a vote of either House

Page 1030

of Congress, domestic commercial airline passengers
seeking to board an aircraft shall present, for identification purposes—
‘‘(A) a valid, unexpired passport;
‘‘(B) domestically issued documents that the Secretary of Homeland Security designates as reliable
for identification purposes;
‘‘(C) any document issued by the Attorney General or the Secretary of Homeland Security under
the authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(17))[)]; or
‘‘(D) a document issued by the country of nationality of any alien not required to possess a passport
for admission to the United States that the Secretary designates as reliable for identifications purposes
‘‘(2) EXCEPTION.—The documentary requirements
described in paragraph (1)—
‘‘(A) shall not apply to individuals below the age
of 17, or such other age as determined by the Secretary of Homeland Security;
‘‘(B) may be waived by the Secretary of Homeland
Security in the case of an unforeseen medical emergency.
‘‘(d) RECOMMENDATION TO CONGRESS.—Not later than 1
year after the date of enactment of this Act [Dec. 17,
2004], the Secretary of Homeland Security shall recommend to Congress—
‘‘(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack
and requiring minimum identification standards for
access to such facilities; and
‘‘(2) appropriate minimum identification standards
to gain access to those facilities.’’
DEADLINE FOR DEPLOYMENT OF FEDERAL SCREENERS
Pub. L. 107–71, title I, § 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, § 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

Page 1031

§ 44902

TITLE 49—TRANSPORTATION

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, § 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, § 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, § 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, § 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, § 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.’’

than in sections 4001 and 4026 [amending sections 114
and 44904 of this title and enacting provisions set out as
a note under section 2751 of Title 22]), the following
definitions apply:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘appropriate congressional committees’ means
the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(2) AVIATION DEFINITIONS.—The terms ‘air carrier’,
‘air transportation’, ‘aircraft’, ‘airport’, ‘cargo’, ‘foreign air carrier’, and ‘intrastate air transportation’
have the meanings given such terms in section 40102
of title 49, United States Code.
‘‘(3) SECURE AREA OF AN AIRPORT.—The term ‘secure
area of an airport’ means the sterile area and the Secure Identification Display Area of an airport (as
such terms are defined in section 1540.5 of title 49,
Code of Federal Regulations, or any successor regulations).’’
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.

§ 44902. Refusal to transport passengers and
property
(a) MANDATORY REFUSAL.—The Under Secretary of Transportation for Security 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.
(b) PERMISSIVE REFUSAL.—Subject to regulations of the Under Secretary, an air carrier,
intrastate air carrier, or foreign air carrier may
refuse to transport a passenger or property the
carrier decides is, or might be, inimical to safety.
(c) AGREEING TO CONSENT TO SEARCH.—An
agreement to carry passengers or property in air
transportation or intrastate air transportation
by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be
carried if consent to search the passenger or
property for a purpose referred to in this section
is not given.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204;
Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001,
115 Stat. 603.)

DEFINITIONS OF TERMS IN TITLE IV OF PUB. L. 108–458
Pub. L. 108–458, title IV, § 4081, Dec. 17, 2004, 118 Stat.
3731, provided that: ‘‘In this title [enacting section
44925 of this title, amending sections 114, 44903, 44904,
44909, 44917, 44923, 46301 to 46303, and 48301 of this title
and sections 70102 and 70103 of Title 46, Shipping, and
enacting provisions set out as notes under this section,
sections 114, 44703, 44913, 44917, 44923, 44925, and 44935 of
this title, section 2751 of Title 22, Foreign Relations
and Intercourse, and section 70101 of Title 46] (other

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44902(a) ......

49 App.:1511(a) (1st
sentence).

44902(b) ......

49 App.:1511(a) (last
sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1111; added
Sept. 5, 1961, Pub. L.
87–197, § 4, 75 Stat. 467; restated Aug. 5, 1974, Pub. L.
93–366, § 204, 88 Stat. 418.