dreamproit/uscode huggingface dataset:
49 U.S.C. § 44916 (TRANSPORTATION)
§ 44916. Assessments and evaluations
(a) Periodic Assessments.—
The Under Secretary of Transportation for Security shall require each air carrier and airport (including the airport owner or operator in cooperation with the air carriers and vendors serving each airport) that provides for intrastate, interstate, or foreign air transportation to conduct periodic vulnerability assessments of the security systems of that air carrier or airport, respectively. The Transportation Security Administration shall perform periodic audits of such assessments.
(b) Investigations.—
The Under Secretary shall conduct periodic and unannounced inspections of security systems of airports and air carriers to determine the effectiveness and vulnerabilities of such systems. To the extent allowable by law, the Under Secretary may provide for anonymous tests of those security systems.
(Added Pub. L. 104–264, title III, § 312(a), Oct. 9, 1996, 110 Stat. 3253; amended Pub. L. 107–71, title I, § 101(f)(3), (7), Nov. 19, 2001, 115 Stat. 603.)
heading: Amendments
text: 2001—Subsec. (a). Pub. L. 107–71, § 101(f)(3), substituted “Under Secretary of Transportation for Security” for “Administrator” in first sentence and “Transportation Security Administration” for “Administration” in second sentence.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator” in two places.
heading: Effective Date
text: Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title.
heading: Transfer of Functions
text: 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.
49 U.S.C. § 44922 (TRANSPORTATION)
§ 44922. Deputation of State and local law enforcement officers
(a) Deputation Authority.—
The Under Secretary of Transportation for Security may deputize a State or local law enforcement officer to carry out Federal airport security duties under this chapter.
(b) Fulfillment of Requirements.—
A State or local law enforcement officer who is deputized under this section shall be treated as a Federal law enforcement officer for purposes of meeting the requirements of this chapter and other provisions of law to provide Federal law enforcement officers to carry out Federal airport security duties.
(c) Agreements.—
To deputize a State or local law enforcement officer under this section, the Under Secretary shall enter into a voluntary agreement with the appropriate State or local law enforcement agency that employs the State or local law enforcement officer.
(d) Reimbursement.—
(1) In general.—
The Under Secretary shall reimburse a State or local law enforcement agency for all reasonable, allowable, and allocable costs incurred by the State or local law enforcement agency with respect to a law enforcement officer deputized under this section.
(2) Authorization of appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
(e) Federal Tort Claims Act.—
A State or local law enforcement officer who is deputized under this section shall be treated as an “employee of the Government” for purposes of sections 1346(b), 2401(b), and chapter 171 of title 28, United States Code, while carrying out Federal airport security duties within the course and scope of the officer’s employment, subject to Federal supervision and control, and in accordance with the terms of such deputation.
(f) Stationing of Officers.—
The Under Secretary may allow law enforcement personnel to be stationed other than at the airport security screening location if that would be preferable for law enforcement purposes and if such personnel would still be able to provide prompt responsiveness to problems occurring at the screening location.
(Added Pub. L. 108–7, div. I, title III, § 351(a), Feb. 20, 2003, 117 Stat. 419.)
49 U.S.C. § 44931, 44932 (TRANSPORTATION)
[§§ 44931, 44932. Repealed. Pub. L. 107–71, title I, § 101(f)(6), Nov. 19, 2001, 115 Stat. 603]
text: Section 44931, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1215, related to the Director of Intelligence and Security.
text: Section 44932, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, § 110(a), Nov. 19, 2001, 115 Stat. 614, related to the Assistant Administrator for Civil Aviation Security.
49 U.S.C. § 44937 (TRANSPORTATION)
§ 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.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44937
49 App.:1357(e)(1).
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.
heading: Pub. L. 103–429
text: 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).
heading: Amendments
text: 2001—Pub. L. 107–71 substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration”.
1994—Pub. L. 103–429 substituted “44906” for “44906(a)(1) or (b)”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
heading: Transfer of Functions
text: 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.
49 U.S.C. § 44941 (TRANSPORTATION)
§ 44941. Immunity for reporting suspicious activities
(a) In General.—
Any air carrier or foreign air carrier or any employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism, as defined by section 3077 of title 18, United States Code, to any employee or agent of the Department of Transportation, the Department of Justice, any Federal, State, or local law enforcement officer, or any airport or airline security officer shall not be civilly liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure.
(b) Application.—
Subsection (a) shall not apply to—
(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or
(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.
(Added Pub. L. 107–71, title I, § 125(a), Nov. 19, 2001, 115 Stat. 631.)
49 U.S.C. § 44943 (TRANSPORTATION)
§ 44943. Performance management system
(a) Establishing a Fair and Equitable System for Measuring Staff Performance.—
The Under Secretary for Transportation Security shall establish a performance management system which strengthens the organization’s effectiveness by providing for the establishment of goals and objectives for managers, employees, and organizational performance consistent with the performance plan.
(b) Establishing Management Accountability for Meeting Performance Goals.—
(1) In general.—
Each year, the Secretary and Under Secretary of Transportation for Security shall enter into an annual performance agreement that shall set forth organizational and individual performance goals for the Under Secretary.
(2) Goals.—
Each year, the Under Secretary and each senior manager who reports to the Under Secretary shall enter into an annual performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the authority of the Under Secretary shall enter into an annual performance agreement that sets forth organization and individual goals for those employees.
(c) Performance-Based Service Contracting.—
To the extent contracts, if any, are used to implement the Aviation Security Act, the Under Secretary for Transportation Security shall, to the extent practical, maximize the use of performance-based service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.
(Added Pub. L. 107–71, title I, § 130, Nov. 19, 2001, 115 Stat. 634.)
heading: References in Text
text: The Aviation Security Act, referred to in subsec. (c), probably means the Aviation and Transportation Security Act, Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 40101 of this title and Tables.
heading: Transfer of Functions
text: 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.
49 U.S.C. § 44945 (TRANSPORTATION)
§ 44945. Disposition of unclaimed money and clothing
(a) Disposition of Unclaimed Money.—
Notwithstanding section 3302 of title 31, unclaimed money recovered at any airport security checkpoint shall be retained by the Transportation Security Administration and shall remain available until expended for the purpose of providing civil aviation security as required in this chapter.
(b) Disposition of Unclaimed Clothing.—
(1) In general.—
In disposing of unclaimed clothing recovered at any airport security checkpoint, the Assistant Secretary shall make every reasonable effort, in consultation with the Secretary of Veterans Affairs, to transfer the clothing to the local airport authority or other local authorities for donation to charity, including local veterans organizations or other local charitable organizations for distribution to homeless or needy veterans and veteran families.
(2) Agreements.—
In implementing paragraph (1), the Assistant Secretary may enter into agreements with airport authorities.
(3) Other charitable arrangements.—
Nothing in this subsection shall prevent an airport or the Transportation Security Administration from donating unclaimed clothing to a charitable organization of their choosing.
(4) Limitation.—
Nothing in this subsection shall create a cost to the Government.
(Added Pub. L. 108–334, title V, § 515(a), Oct. 18, 2004, 118 Stat. 1317; amended Pub. L. 112–271, § 2(a), Jan. 14, 2013, 126 Stat. 2446.)
heading: Amendments
text: 2013—Pub. L. 112–271 inserted “and clothing” after “money” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Annual Report
text: Pub. L. 108–334, title V, § 515(b), Oct. 18, 2004, 118 Stat. 1318, provided that: “Not later than 180 days after the date of enactment of this Act [Oct. 18, 2004] and annually thereafter, the Administrator of the Transportation Security Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Appropriations of the House of Representatives; the Committee on Commerce, Science and Transportation of the Senate; and the Committee on Appropriations of the Senate, a report that contains a detailed description of the amount of unclaimed money recovered in total and at each individual airport, and specifically how the unclaimed money is being used to provide civil aviation security.”
49 U.S.C. § 45101 (TRANSPORTATION)
§ 45101. Definition
In this chapter, “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Administrator of the Federal Aviation Administration.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1221.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
45101
49 App.:1434(f).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(f); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 956.
49 U.S.C. § 45103 (TRANSPORTATION)
§ 45103. Prohibited service
(a) Use of Alcohol or a Controlled Substance.—
An individual may not use alcohol or a controlled substance after October 28, 1991, in violation of law or a United States Government regulation and serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator of the Federal Aviation Administration), or employee of the Administration with responsibility for safety-sensitive functions.
(b) Rehabilitation Required To Resume Service.—
Notwithstanding subsection (a) of this section, an individual found to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions only if the individual completes a rehabilitation program described in section 45105 of this title.
(c) Performance of Prior Duties Prohibited.—
An individual who served as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions and who was found by the Administrator to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may not carry out the duties related to air transportation that the individual carried out before the finding of the Administrator if the individual—
(1) used the alcohol or controlled substance when on duty;
(2) began or completed a rehabilitation program described in section 45105 of this title before using the alcohol or controlled substance; or
(3) refuses to begin or complete a rehabilitation program described in section 45105 of this title after a finding by the Administrator under this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1222; Pub. L. 107–71, title I, § 139(2), Nov. 19, 2001, 115 Stat. 640.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
45103(a)
49 App.:1434(b)(1).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(b); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 954.
45103(b)
49 App.:1434(b)(2).
45103(c)
49 App.:1434(b)(3).
In subsection (b), the words “Notwithstanding subsection (a) of this section” are added for clarity.
heading: Amendments
text: 2001—Pub. L. 107–71 substituted “screening employee” for “screening contract employee” wherever appearing.
49 U.S.C. § 45105 (TRANSPORTATION)
§ 45105. Rehabilitation
(a) Program for Employees of Air Carriers and Foreign Air Carriers.—
The Administrator of the Federal Aviation Administration shall prescribe regulations establishing requirements for rehabilitation programs that at least provide for the identification and opportunity for treatment of employees of air carriers and foreign air carriers referred to in section 45102(a)(1) of this title who need assistance in resolving problems with the use of alcohol or a controlled substance in violation of law or a United States Government regulation. Each air carrier and foreign air carrier is encouraged to make such a program available to all its employees in addition to the employees referred to in section 45102(a)(1). The Administrator shall decide on the circumstances under which employees shall be required to participate in a program. This subsection does not prevent an air carrier or foreign air carrier from establishing a program under this subsection in cooperation with another air carrier or foreign air carrier.
(b) Program for Employees of the Federal Aviation Administration.—
The Administrator shall establish and maintain a rehabilitation program that at least provides for the identification and opportunity for treatment of employees of the Administration whose duties include responsibility for safety-sensitive functions who need assistance in resolving problems with the use of alcohol or a controlled substance.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1223; Pub. L. 103–429, § 6(58), Oct. 31, 1994, 108 Stat. 4385.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
45105(a)
49 App.:1434(c)(1).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(c); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 954.
45105(b)
49 App.:1434(c)(2).
In subsection (a), the words “of air carriers and foreign air carriers” are added for clarity.
heading: Pub. L. 103–429
text: This amends 49:45105(a) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1224).
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–429 substituted “section 45102(a)(1)” for “section 45102(a)(1)(A)” in second sentence.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
heading: Human Intervention Motivation Study
text: Pub. L. 112–95, title VIII, § 819, Feb. 14, 2012, 126 Stat. 127, provided that: “Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall develop a Human Intervention Motivation Study program for cabin crew members employed by commercial air carriers in the United States.”
49 U.S.C. § 45106 (TRANSPORTATION)
§ 45106. Relationship to other laws, regulations, standards, and orders
(a) Effect on State and Local Government Laws, Regulations, Standards, or Orders.—
A State or local government may not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter. However, a regulation prescribed under this chapter does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.
(b) International Obligations and Foreign Laws.—
(1) In prescribing regulations under this chapter, the Administrator of the Federal Aviation Administration—
(A) shall establish only requirements applicable to foreign air carriers that are consistent with international obligations of the United States; and
(B) shall consider applicable laws and regulations of foreign countries.
(2) The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit crewmembers in international civil aviation from using alcohol or a controlled substance in violation of law or a United States Government regulation.
(c) Other Regulations Allowed.—
This section does not prevent the Administrator from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by airmen, crewmembers, airport security screening employees, air carrier employees responsible for safety-sensitive functions (as decided by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1224; Pub. L. 107–71, title I, § 139(3), Nov. 19, 2001, 115 Stat. 640.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
45106(a)
49 App.:1434(e)(1).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(e); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 956.
45106(b)
49 App.:1434(e)(3).
45106(c)
49 App.:1434(e)(2).
In subsection (a), the word “prescribe” is substituted for “adopt” for consistency in the revised title and with other titles of the United States Code. The word “rule” is omitted as being synonymous with “regulation”. The word “ordinance” is omitted as being included in “law” and “regulation”. The words “actual” and “whether the provisions apply specifically to employees of an air carrier or foreign air carrier, or to the general public” are omitted as surplus.
In subsection (c) the word “prevent” is substituted for “restrict the discretion of” to eliminate unnecessary words.
heading: Amendments
text: 2001—Subsec. (c). Pub. L. 107–71 substituted “screening employees” for “screening contract employees”.