Employment Investigation & Restrictions

§ 44936

TITLE 49—TRANSPORTATION

‘‘(B) standards and criteria for pilot training facilities to be licensed by the Administrator and
which will assure that pilots trained at such facilities meet the preemployment screening standards
and criteria described in subparagraph (A); and
‘‘(2) a study to determine if the practice of some air
carriers to require employees or prospective employees to pay for the training or experience that is needed to perform flight check duties for an air carrier is
in the public interest.
‘‘(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Oct. 9, 1996], the Administrator shall transmit to Congress a report on the results of the study conducted under subsection (a)(2).’’
STUDY OF MINIMUM FLIGHT TIME
Pub. L. 104–264, title V, § 504, Oct. 9, 1996, 110 Stat.
3263, provided that:
‘‘(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study to determine
whether current minimum flight time requirements applicable to individuals seeking employment as a pilot
with an air carrier are sufficient to ensure public safety.
‘‘(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Oct. 9, 1996], the Administrator shall transmit to Congress a report on the results of the study.’’

§ 44936. Employment investigations and restrictions
(a) EMPLOYMENT INVESTIGATION
MENT.—(1)(A) The Under Secretary of

REQUIRETransportation for Security shall require by regulation
that an employment investigation, including a
criminal history record check and a review of
available law enforcement data bases and
records of other governmental and international
agencies to the extent determined practicable
by the Under Secretary of Transportation for
Transportation Security,,1 shall be conducted of
each individual employed in, or applying for, a
position as a security screener under section
44935(e) or a position in which the individual has
unescorted access, or may permit other individuals to have unescorted access, to—
(i) aircraft of an air carrier or foreign air
carrier; or
(ii) a secured area of an airport in the United
States the Under Secretary designates that
serves an air carrier or foreign air carrier.
(B) The Under Secretary shall require by regulation that an employment investigation (including a criminal history record check and a
review of available law enforcement data bases
and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security) be conducted for—
(i) individuals who are responsible for
screening passengers or property under section
44901 of this title;
(ii) supervisors of the individuals described
in clause (i);
(iii) individuals who regularly have escorted
access to aircraft of an air carrier or foreign
air carrier or a secured area of an airport in
the United States the Administrator designates that serves an air carrier or foreign air
carrier; and
1 So

in original.

Page 964

(iv) such other individuals who exercise security functions associated with baggage or
cargo, as the Under Secretary determines is
necessary to ensure air transportation security.
(C) BACKGROUND CHECKS OF CURRENT EMPLOYEES.—

(i) A new background check (including a
criminal history record check and a review of
available law enforcement data bases and
records of other governmental and international agencies to the extent determined
practicable by the Under Secretary of Transportation for Transportation Security shall be
required for any individual who is employed in
a position described in subparagraphs (A) and
(B) on the date of enactment of the Aviation
and Transportation Security Act.
(ii) The Under Secretary may provide by
order (without regard to the provisions of
chapter 5 of title 5, United States Code) for a
phased-in implementation of the requirements
of this subparagraph.
(D) EXEMPTION.—An employment investigation, including a criminal history record check,
shall not be required under this subsection for
an individual who is exempted under section
107.31(m)(1) or (2) of title 14, Code of Federal
Regulations, as in effect on November 22, 2000.
The Under Secretary shall work with the International Civil Aviation Organization and with
appropriate authorities of foreign countries to
ensure that individuals exempted under this
subparagraph do not pose a threat to aviation or
national security.
(2) An air carrier, foreign air carrier, airport
operator, or government that employs, or authorizes or makes a contract for the services of,
an individual in a position described in paragraph (1) of this subsection shall ensure that the
investigation the Under Secretary requires is
conducted.
(3) The Under Secretary shall provide for the
periodic audit of the effectiveness of criminal
history record checks conducted under paragraph (1) of this subsection.
(b) PROHIBITED EMPLOYMENT.—(1) Except as
provided in paragraph (3) of this subsection, an
air carrier, foreign air carrier, airport operator,
or government may not employ, or authorize or
make a contract for the services of, an individual in a position described in subsection (a)(1) of
this section if—
(A) the investigation of the individual required under this section has not been conducted; or
(B) the results of that investigation establish that, in the 10-year period ending on the
date of the investigation, the individual was
convicted (or found not guilty by reason of insanity) of—
(i) a crime referred to in section 46306,
46308, 46312, 46314, or 46315 or chapter 465 of
this title or section 32 of title 18;
(ii) murder;
(iii) assault with intent to murder;
(iv) espionage;
(v) sedition;
(vi) treason;
(vii) rape;

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§ 44936

TITLE 49—TRANSPORTATION

(viii) kidnapping;
(ix) unlawful possession, sale, distribution,
or manufacture of an explosive or weapon;
(x) extortion;
(xi) armed or felony unarmed robbery;
(xii) distribution of, or intent to distribute, a controlled substance;
(xiii) a felony involving a threat;
(xiv) a felony involving—
(I) willful destruction of property;
(II) importation or manufacture of a controlled substance;
(III) burglary;
(IV) theft;
(V) dishonesty, fraud, or misrepresentation;
(VI) possession or distribution of stolen
property;
(VII) aggravated assault;
(VIII) bribery; and
(IX) illegal possession of a controlled
substance punishable by a maximum term
of imprisonment of more than 1 year, or
any other crime classified as a felony that
the Under Secretary determines indicates
a propensity for placing contraband aboard
an aircraft in return for money; or
(xv) conspiracy to commit any of the acts
referred to in clauses (i) through (xiv).
(2) The Under Secretary may specify other factors that are sufficient to prohibit the employment of an individual in a position described in
subsection (a)(1) of this section.
(3) An air carrier, foreign air carrier, airport
operator, or government may employ, or authorize or contract for the services of, an individual
in a position described in subsection (a)(1) of
this section without carrying out the investigation required under this section, if the Under
Secretary approves a plan to employ the individual that provides alternate security arrangements.
(c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If the Under Secretary requires an
identification and criminal history record
check, to be conducted by the Attorney General,
as part of an investigation under this section,
the Under Secretary shall designate an individual to obtain fingerprints and submit those fingerprints to the Attorney General. The Attorney
General may make the results of a check available to an individual the Under Secretary designates. Before designating an individual to obtain and submit fingerprints or receive results
of a check, the Under Secretary shall consult
with the Attorney General. All Federal agencies
shall cooperate with the Under Secretary and
the Under Secretary’s designee in the process of
collecting and submitting fingerprints.
(2) The Under Secretary shall prescribe regulations on—
(A) procedures for taking fingerprints; and
(B) requirements for using information received from the Attorney General under paragraph (1) of this subsection—
(i) to limit the dissemination of the information; and
(ii) to ensure that the information is used
only to carry out this section.
(3) If an identification and criminal history
record check is conducted as part of an inves-

tigation of an individual under this section, the
individual—
(A) shall receive a copy of any record received from the Attorney General; and
(B) may complete and correct the information contained in the check before a final employment decision is made based on the check.
(d) FEES AND CHARGES.—The Under Secretary
and the Attorney General shall establish reasonable fees and charges to pay expenses incurred
in carrying out this section. The employer of
the individual being investigated shall pay the
costs of a record check of the individual. Money
collected under this section shall be credited to
the account in the Treasury from which the expenses were incurred and are available to the
Under Secretary and the Attorney General for
those expenses.
(e) WHEN INVESTIGATION OR RECORD CHECK NOT
REQUIRED.—This section does not require an investigation or record check when the investigation or record check is prohibited by a law of a
foreign country.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1218;
Pub. L. 104–264, title III, §§ 304(a), 306, title V,
§ 502(a), Oct. 9, 1996, 110 Stat. 3251, 3252, 3259; Pub.
L. 105–102, § 2(25), Nov. 20, 1997, 111 Stat. 2205;
Pub. L. 105–142, § 1, Dec. 5, 1997, 111 Stat. 2650;
Pub. L. 106–181, title V, § 508, Apr. 5, 2000, 114
Stat. 140; Pub. L. 106–528, § 2(c), (d), Nov. 22, 2000,
114 Stat. 2517, 2518; Pub. L. 107–71, title I,
§§ 101(f)(7), (9), 111(b), 138(a), (b)(1), 140(a)(1), Nov.
19, 2001, 115 Stat. 603, 620, 639–641.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
44936(a) ......

Source (U.S. Code)
49 App.:1357(g)(1).

49 App.:1357 (note).
44936(b) ......
44936(c) ......
44936(d) ......
44936(e) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(g); added
Nov. 16, 1990, Pub. L.
101–604, § 105(a), 104 Stat.
3071.
Oct. 28, 1991, Pub. L. 102–143,
§ 346, 105 Stat. 949.

49 App.:1357(g)(3).
49 App.:1357(g)(2)
(less (A) (2d sentence)).
49 App.:1357(g)(2)(A)
(2d sentence), (5).
49 App.:1357(g)(4).

In subsection (a), the text of section 346 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102–143, 105 Stat. 949)
is omitted as executed.
In subsection (a)(2), the words ‘‘shall ensure’’ are substituted for ‘‘shall take such actions as may be necessary to ensure’’ to eliminate unnecessary words. The
word ‘‘conducted’’ is substituted for ‘‘performed’’ for
consistency in the revised title.
In subsection (b)(2), the words ‘‘The Administrator
may specify’’ are substituted for ‘‘The Administrator
may specify . . . the Administrator determines’’ to
eliminate unnecessary words. The words ‘‘prohibit the
employment of an individual’’ are substituted for
‘‘make an individual ineligible for employment’’ for
clarity.
In subsection (b)(3), the words ‘‘may employ’’ are substituted for ‘‘It shall not be a violation of subparagraph
(A) for . . . to employ’’ to eliminate unnecessary words.
In subsection (c)(1), the words ‘‘Before designating an
individual to obtain and submit fingerprints or receive
results of a check, the Administrator shall consult with
the Attorney General’’ are substituted for ‘‘after consultation with the Attorney General’’ for clarity.

§ 44936

TITLE 49—TRANSPORTATION

In subsection (c)(2), before clause (A), the words ‘‘For
purposes of administering this subsection’’ are omitted
as unnecessary. In clause (A), the word ‘‘implement’’ is
omitted as unnecessary because of the restatement. In
clause (B), before subclause (ii), the word ‘‘establish’’ is
omitted as unnecessary because of the restatement. In
subclause (ii), the words ‘‘to carry out this section’’ are
substituted for ‘‘for the purposes of this section’’ for
clarity.
In subsection (e), the words ‘‘a law of a foreign country’’ are substituted for ‘‘applicable laws of a foreign
government’’ for clarity and consistency in the revised
title and with other titles of the United States Code.
PUB. L. 105–102
This amends 49:44936(f)(1)(C) to reflect the redesignation of 49:30305(b)(7) as 49:30305(b)(8) by section 207(b) of
the Coast Guard Authorization Act of 1996 (Public Law
104–324, 110 Stat. 3908).
REFERENCES IN TEXT
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (a)(1)(C)(i), is
the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
AMENDMENTS
2001—Subsec. (a)(1)(A). Pub. L. 107–71, § 138(a)(1), inserted ‘‘and a review of available law enforcement data
bases and records of other governmental and international agencies to the extent determined practicable
by the Under Secretary of Transportation for Transportation Security,’’ after ‘‘record check’’ in introductory
provisions.
Pub. L. 107–71, § 111(b)(1), inserted ‘‘as a security
screener under section 44935(e) or a position’’ after ‘‘a
position’’ in introductory provisions.
Pub. L. 107–71, § 101(f)(7), (9), in introductory provisions, substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ and ‘‘of Transportation for Security’’ for ‘‘of
the Federal Aviation Administration’’.
Subsec. (a)(1)(A)(ii). Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (a)(1)(B). Pub. L. 107–71, § 138(a)(2), in introductory provisions, substituted ‘‘and a review of available law enforcement data bases and records of other
governmental and international agencies to the extent
determined practicable by the Under Secretary of
Transportation for Transportation Security’’ for ‘‘in
any case described in subparagraph (C)’’.
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 107–71, § 138(a)(3), substituted ‘‘are’’ for ‘‘will be’’.
Subsec. (a)(1)(B)(ii). Pub. L. 107–71, § 138(a)(4), struck
out ‘‘and’’ after semicolon.
Subsec. (a)(1)(B)(iii). Pub. L. 107–71, § 138(a)(6), added
cl. (iii). Former cl. (iii) redesignated (iv).
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (a)(1)(B)(iv). Pub. L. 107–71, § 138(a)(5), redesignated cl. (iii) as (iv).
Subsec. (a)(1)(C). Pub. L. 107–71, § 138(a)(7), (8), added
subpar. (C) and struck out former subpar (C) which related to criminal history record checks.
Subsec. (a)(1)(D). Pub. L. 107–71, § 138(a)(7), (9), (10), redesignated subpar. (F) as (D), substituted ‘‘107.31(m)(1)
or (2)’’ for ‘‘107.31(m)’’ and ‘‘November 22, 2000. The
Under Secretary shall work with the International
Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals
exempted under this subparagraph do not pose a threat
to aviation or national security’’ for ‘‘the date of enactment of this subparagraph’’ and struck out former
subpar. (D) which allowed a supervised employee to remain in position until completion of record check.
Subsec. (a)(1)(E). Pub. L. 107–71, § 138(a)(7), struck out
subpar. (E) which related to criminal history record
checks for screeners and others.

Page 966

Subsec. (a)(1)(E)(iv). Pub. L. 107–71, § 111(b)(2), struck
out cl. (iv) which related to effective dates for subpar.
(E).
Subsec. (a)(1)(F). Pub. L. 107–71, § 138(a)(7), redesignated subpar. (F) as (D).
Subsec. (a)(2). Pub. L. 107–71, §§ 107(f)(7), 138(a)(11),
substituted ‘‘carrier, airport operator, or government’’
for ‘‘carrier, or airport operator’’ and ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (a)(3). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (b)(1). Pub. L. 107–71, § 138(a)(12), substituted
‘‘carrier, airport operator, or government’’ for ‘‘carrier,
or airport operator’’ in introductory provisions.
Subsec. (b)(1)(B)(xiv)(IX). Pub. L. 107–71, § 101(f)(7),
substituted ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (b)(2). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (b)(3). Pub. L. 107–71, §§ 101(f)(7), 138(a)(13),
substituted ‘‘carrier, airport operator, or government’’
for ‘‘carrier, or airport operator’’ and ‘‘Under Secretary’’ for ‘‘Administrator’’.
Subsec. (c)(1). Pub. L. 107–71, § 138(a)(14), inserted at
end ‘‘All Federal agencies shall cooperate with the
Under Secretary and the Under Secretary’s designee in
the process of collecting and submitting fingerprints.’’
Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ wherever appearing.
Subsec. (c)(2). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in introductory provisions.
Subsec. (d). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in two places.
Subsecs. (f) to (h). Pub. L. 107–71, §§ 138(b)(1), 140(a)(1),
amended section identically, redesignating subsecs. (f)
to (h) as (h) to (j), respectively, of section 44703 of this
title.
2000—Subsec. (a)(1)(A). Pub. L. 106–528, § 2(c)(1), in introductory provisions, struck out ‘‘, as the Administrator decides is necessary to ensure air transportation
security,’’ after ‘‘shall be conducted’’.
Subsec. (a)(1)(C)(v). Pub. L. 106–181, § 508(a), added cl.
(v).
Subsec. (a)(1)(D). Pub. L. 106–528, § 2(c)(2), substituted
‘‘in the position for which the individual applied’’ for
‘‘as a screener’’.
Subsec. (a)(1)(E), (F). Pub. L. 106–528, § 2(c)(3), added
subpars. (E) and (F).
Subsec. (b)(1)(B). Pub. L. 106–528, § 2(d)(1), inserted
‘‘(or found not guilty by reason of insanity)’’ after
‘‘convicted’’ in introductory provisions.
Subsec. (b)(1)(B)(xi). Pub. L. 106–528, § 2(d)(2), inserted
‘‘or felony unarmed’’ after ‘‘armed’’.
Subsec. (b)(1)(B)(xiii) to (xv). Pub. L. 106–528,
§ 2(d)(3)–(5), added cls. (xiii) and (xiv), redesignated
former cl. (xiii) as (xv), and in cl. (xv) substituted
‘‘clauses (i) through (xiv)’’ for ‘‘clauses (i)–(xii) of this
paragraph’’.
Subsec. (f)(1)(B). Pub. L. 106–181, § 508(b)(1), inserted
‘‘(except a branch of the United States Armed Forces,
the National Guard, or a reserve component of the
United States Armed Forces)’’ after ‘‘other person’’ in
introductory provisions.
Subsec. (f)(1)(B)(ii). Pub. L. 106–181, § 508(b)(2), substituted ‘‘individual’s performance as a pilot’’ for ‘‘individual’’ in introductory provisions.
Subsec. (f)(5). Pub. L. 106–181, § 508(b)(3), inserted before period at end of first sentence ‘‘; except that, for
purposes of paragraph (15), the Administrator may
allow an individual designated by the Administrator to
accept and maintain written consent on behalf of the
Administrator for records requested under paragraph
(1)(A)’’.
Subsec. (f)(13). Pub. L. 106–181, § 508(b)(4)(A), substituted ‘‘shall’’ for ‘‘may’’ in introductory provisions.
Subsec. (f)(13)(A)(i). Pub. L. 106–181, § 508(b)(4)(B), inserted ‘‘and disseminated under paragraph (15)’’ after
‘‘requested under paragraph (1)’’.
Subsec. (f)(14)(B). Pub. L. 106–181, § 508(b)(5), inserted
‘‘or from a foreign government or entity that employed
the individual’’ after ‘‘exists’’.

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§ 44937

TITLE 49—TRANSPORTATION

Subsec. (f)(15). Pub. L. 106–181, § 508(b)(6), added par.
(15).
1997—Subsec. (f)(1). Pub. L. 105–142, § 1(1), substituted
‘‘Subject to paragraph (14), before allowing an individual to begin service’’ for ‘‘Before hiring an individual’’
in introductory provisions.
Subsec. (f)(1)(B). Pub. L. 105–142, § 1(2), inserted ‘‘as a
pilot of a civil or public aircraft’’ before ‘‘at any time’’
in introductory provisions.
Subsec. (f)(1)(C). Pub. L. 105–102 substituted ‘‘section
30305(b)(8) of this title’’ for ‘‘section 30305(b)(7)’’.
Subsec. (f)(4). Pub. L. 105–142, § 1(3), inserted ‘‘and air
carriers’’ after ‘‘Administrator’’ and substituted ‘‘paragraphs (1)(A) and (1)(B)’’ for ‘‘paragraph (1)(A)’’.
Subsec. (f)(5). Pub. L. 105–142, § 1(4), substituted ‘‘this
subsection’’ for ‘‘this paragraph’’.
Subsec. (f)(10). Pub. L. 105–142, § 1(5), inserted ‘‘who is
or has been’’ before ‘‘employed’’ and ‘‘, but not later
than 30 days after the date’’ after ‘‘reasonable time’’.
Subsec. (f)(14). Pub. L. 105–142, § 1(6), added par. (14).
1996—Subsec. (a)(1). Pub. L. 104–264, § 304(a), designated existing provisions as subpar. (A), redesignated
former subpars. (A) and (B) of par. (1) as cls. (i) and (ii)
of subpar. (A), respectively, and added subpars. (B) to
(D).
Subsec. (a)(3). Pub. L. 104–264, § 306, added par. (3).
Subsecs. (f) to (h). Pub. L. 104–264, § 502(a), added subsecs. (f) to (h).
EFFECTIVE DATE OF 2000 AMENDMENTS
Amendment by Pub. L. 106–528 effective 30 days after
Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as
a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 304(b) of Pub. L. 104–264 provided that: ‘‘The
amendment made by subsection (a)(3) [amending this
section] shall apply to individuals hired to perform
functions described in section 44936(a)(1)(B) of title 49,
United States Code, after the date of the enactment of
this Act [Oct. 9, 1996]; except that the Administrator of
the Federal Aviation Administration may, as the Administrator determines to be appropriate, require such
employment investigations or criminal history records
checks for individuals performing those functions on
the date of the enactment of this Act.’’
Amendment by section 502(a) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot
whose application was first received by the carrier on
or after the 120th day following Oct. 9, 1996, see section
502(d) of Pub. L. 104–264, set out as a note under section
30305 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
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.
CRIMINAL HISTORY RECORD CHECKS
Pub. L. 106–528, § 2(a), (b), Nov. 22, 2000, 114 Stat. 2517,
provided that:

‘‘(a) EXPANSION OF FAA ELECTRONIC PILOT PROGRAM.—

‘‘(1) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act [Nov. 22, 2000], the Administrator of the Federal Aviation Administration
shall develop, in consultation with the Office of Personnel Management and the Federal Bureau of Investigation, the pilot program for individual criminal
history record checks (known as the electronic fingerprint transmission pilot project) into an aviation
industry-wide program.
‘‘(2) LIMITATION.—The Administrator shall not require any airport, air carrier, or screening company
to participate in the program described in subsection
(a) if the airport, air carrier, or screening company
determines that it would not be cost effective for it
to participate in the program and notifies the Administrator of that determination.
‘‘(b) APPLICATION OF EXPANDED PROGRAM.—
‘‘(1) INTERIM REPORT.—Not later than 1 year after
the date of enactment of this Act [Nov. 22, 2000], the
Administrator shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the status of the Administrator’s efforts to
utilize the program described in subsection (a).
‘‘(2) NOTIFICATION CONCERNING SUFFICIENCY OF OPERATION.—If the Administrator determines that the program described in subsection (a) is not sufficiently
operational 2 years after the date of enactment of
this Act to permit its utilization in accordance with
subsection (a), the Administrator shall notify the
committees referred to in paragraph (1) of that determination.’’

§ 44937. Prohibition on transferring duties and
powers
Except as specifically provided by law, the
Under Secretary of Transportation for Security
may not transfer a duty or power under section
44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936,
or 44938(b)(3) of this title to another department,
agency, or instrumentality of the United States
Government.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1219;
Pub. L. 103–429, § 6(57), Oct. 31, 1994, 108 Stat.
4385; Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19,
2001, 115 Stat. 603.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
44937 ..........

Source (U.S. Code)
49 App.:1357(e)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 316(e)(1);
added Aug. 5, 1974, Pub. L.
93–366, § 202, 88 Stat. 417.

The word ‘‘otherwise’’ is omitted as surplus. The
word ‘‘assigned’’ is omitted as being included in ‘‘transfer’’. The word ‘‘function’’ is omitted as being included
in ‘‘duty or power’’. The words ‘‘department, agency, or
instrumentality of the United States Government’’ are
substituted for ‘‘Federal department or agency’’ for
clarity and consistency in the revised title and with
other titles of the United States Code.
PUB. L. 103–429
This amends 49:44937 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994
(Public Law 103–272, 108 Stat. 1219).
AMENDMENTS
2001—Pub. L. 107–71 substituted ‘‘Under Secretary of
Transportation for Security’’ for ‘‘Administrator of the
Federal Aviation Administration’’.