(4) by inserting after section 45106 the fol-
lowing:
‘‘§ 45107. Transportation Security Administration
‘‘(a) TRANSFER OF FUNCTIONS RELATING TO TEST-
ING PROGRAMS WITH RESPECT TO AIRPORT SECURITY
SCREENING PERSONNEL.—The authority of the Adminis-
trator of the Federal Aviation Administration under this
chapter with respect to programs relating to testing of air-
port security screening personnel are transferred to the
Under Secretary of Transportation for Security. Notwith-
standing section 45102(a), the regulations prescribed
under section 45102(a) shall require testing of such per-
sonnel by their employers instead of by air carriers and
foreign air carriers.
‘‘(b) APPLICABILITY OF CHAPTER WITH RESPECT TO
EMPLOYEES OF ADMINISTRATION.—The provisions of this
chapter that apply with respect to employees of the Fed-
eral Aviation Administration whose duties include respon-
sibility for safety-sensitive functions shall apply with re-
spect to employees of the Transportation Security Admin-
istration whose duties include responsibility for security-
sensitive functions. The Under Secretary of Transpor-
tation for Security, the Transportation Security Adminis-
tration, and employees of the Transportation Security Ad-
ministration whose duties include responsibility for secu-
rity-sensitive functions shall be subject to and comply with
such provisions in the same manner and to the same ex-
tent as the Administrator of the Federal Aviation Admin-
istration, the Federal Aviation Administration, and em-
ployees of the Federal Aviation Administration whose du-
ties include responsibility for safety-sensitive functions, re-
spectively.’’; and
(5) in the analysis for such chapter by inserting
after the item relating to section 45106 the fol-
lowing:
‘‘45107. Transportation Security Administration’’.
SEC. 17. CONFORMING AMENDMENTS TO SUBTITLE VII.
(a) RECORDS OF EMPLOYMENT OF PILOT APPLI-
CANTS.—Part A of subtitle VII is amended—
(1) by moving subsections (f), (g), and (h) of
section 44936 from section 44936, inserting them at
the end of section 44703, and redesignating them as
subsections (h), (i), and (j), respectively; and
(2) in subsections (i) and (j) of section 44703
(as moved to the end of section 44703 by paragraph
(1) of this subsection), by striking ‘‘subsection (f)’’
each place it appears and inserting ‘‘subsection (h)’’.
(b) INVESTIGATIONS
AND PROCEDURES.—Chapter
461 is amended—
(1) in each of sections 46101(a)(1), 46102(a),
46103(a), 46104(a), 46105(a), 46106, 46107(b),
and 46110(a) by inserting after ‘‘(or’’ the following:
‘‘the Under Secretary of Transportation for Security
with respect to security duties and powers des-
ignated to be carried out by the Under Secretary
or’’;
(2) by striking ‘‘or Administrator’’ each place it
appears and inserting ‘‘, Under Secretary, or Ad-
ministrator’’;
(3) in section 46101(a)(2) by striking ‘‘of
Transportation or the’’ and inserting ‘‘, Under Sec-
retary, or’’;
(4) in section 46102(b) by striking ‘‘and the
Administrator’’ and inserting ‘‘, the Under Sec-
retary, and the Administrator’’;
(5) in section 46102(c) by striking ‘‘and Ad-
ministrator’’ each place it appears and inserting ‘‘,
Under Secretary, and Administrator’’;
(6) in each of sections 46102(d) and 46104(b)
by inserting ‘‘the Under Secretary,’’ after ‘‘Sec-
retary,’’;
(7) in the heading to section 46106 by striking
‘‘Secretary of Transportation and Admin-
istrator of the Federal Aviation Adminis-
tration’’ 
and 
inserting 
‘‘Department 
of
Transportation’’; and
(8) in the item relating to section 46106 of the
analysis for such chapter by striking ‘‘Secretary of
Transportation and Administrator of the Federal
Aviation Administration’’ and inserting ‘‘Depart-
ment of Transportation’’.
(c) ADMINISTRATIVE.—Section 40113 is amended—
(1) in subsection (a)—
(A) by inserting after ‘‘(or’’ the following:
‘‘the Under Secretary of Transportation for Se-
curity with respect to security duties and pow-
ers designated to be carried out by the Under
Secretary or’’; and
(B) by striking ‘‘or Administrator’’ and in-
serting ‘‘, Under Secretary, or Administrator’’;
and
(2) in subsection (d)—
(A) by inserting after ‘‘The’’ the following:
‘‘Under Secretary of Transportation for Secu-
rity or the’’;
(B) by striking ‘‘Administration’’ the sec-
ond place it appears and inserting ‘‘Transpor-
tation Security Administration or Federal Avia-
tion Administration, as the case may be,’’; and
(C) by striking ‘‘the Administrator de-
cides’’ and inserting ‘‘the Under Secretary or
Administrator, as the case may be, decides’’.
(d) PENALTIES.—Chapter 463 is amended—
(1) in section 46301(d)(2)—
(A) by striking ‘‘, chapter 449 (except sec-
tions 44902, 44903(d), 44907(a)–(d)(1)(A) and
(d)(1)(C)–(f), 44908, and 44909),’’;
(B) by inserting after the first sentence
the following: ‘‘The Under Secretary of Trans-
portation for Security may impose a civil pen-
alty for a violation of chapter 449 (except sec-
tions 44902, 44903(d), 44907(a)–(d)(1)(A),
44907(d)(1)(C)–(f), 44908, and 44909) or a
regulation prescribed or order issued under
such chapter 449.’’; and
(C) by inserting ‘‘Under Secretary or’’ be-
fore ‘‘Administrator shall’’;
(2) in each of paragraphs (3) and (4) of section
46301(d) by striking ‘‘Administrator’’ each place it
appears and inserting ‘‘Under Secretary or Adminis-
trator’’;
(3) in section 46301(d)(8) by striking ‘‘Admin-
istrator’’ and inserting ‘‘Under Secretary, Adminis-
trator,’’;