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49 U.S.C. § 44922 (TRANSPORTATION)
§ 44922. Deputization of State and local law enforcement officers
(a) Deputization Authority.—
The Administrator of the Transportation Security Administration 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 Administrator of the Transportation Security Administration 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 Administrator of the Transportation Security Administration 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 deputization.
(f) Stationing of Officers.—
The Administrator of the Transportation Security Administration 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; amended Pub. L. 115–254, div. K, title I, § 1991(d)(18), Oct. 5, 2018, 132 Stat. 3636.)
heading: Amendments
text: 2018—Pub. L. 115–254, § 1991(d)(18)(D), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing.
Pub. L. 115–254, § 1991(d)(18)(A), substituted “Deputization” for “Deputation” in section catchline.
Subsec. (a). Pub. L. 115–254, § 1991(d)(18)(B), in heading, substituted “Deputization” for “Deputation” and, in text, substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security”.
Subsec. (e). Pub. L. 115–254, § 1991(d)(18)(C), substituted “deputization” for “deputation”.
49 U.S.C. § 44929 (TRANSPORTATION)
§ 44929. Donation of screening equipment to protect the United States
(a) In General.—
Subject to subsection (b), the Administrator is authorized to donate security screening equipment to a foreign last point of departure airport operator if such equipment can be reasonably expected to mitigate a specific vulnerability to the security of the United States or United States citizens.
(b) Conditions.—
Before donating any security screening equipment to a foreign last point of departure airport operator the Administrator shall—
(1) ensure that the screening equipment has been restored to commercially available settings;
(2) ensure that no TSA-specific security standards or algorithms exist on the screening equipment; and
(3) verify that the appropriate officials have an adequate system—
(A) to properly maintain and operate the screening equipment; and
(B) to document and track any removal or disposal of the screening equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.
(c) Reports.—
Not later than 30 days before any donation of security screening equipment under subsection (a), the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a detailed written explanation of the following:
(1) The specific vulnerability to the United States or United States citizens that will be mitigated by such donation.
(2) An explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made.
(4) How the Administrator will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient.
(5) The total dollar value of such donation.
(6) How the appropriate officials will document and track any removal or disposal of the screening equipment by the recipient to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.
(Added Pub. L. 115–254, div. K, title I, § 1955(a)(1), Oct. 5, 2018, 132 Stat. 3595.)
49 U.S.C. § 44931 (TRANSPORTATION)
§ 44931. Authority to exempt
The Secretary of Homeland Security may grant an exemption from a regulation prescribed in carrying out sections 44901, 44903, 44906, 44909(c), and 44935–44937 of this title when the Secretary decides the exemption is in the public interest.
(Added Pub. L. 115–254, div. K, title I, § 1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)
heading: Prior Provisions
text: A prior section 44931, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1215, related to the Director of Intelligence and Security, prior to repeal by Pub. L. 107–71, title I, § 101(f)(6), Nov. 19, 2001, 115 Stat. 603.
49 U.S.C. § 44932 (TRANSPORTATION)
§ 44932. Administrative
(a) General Authority.—
The Secretary of Homeland Security or the Administrator of the Transportation Security Administration may take action the Secretary or the Administrator considers necessary to carry out this chapter and chapters 461, 463, and 465 of this title, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.
(b) Indemnification.—
The Administrator of the Transportation Security Administration may indemnify an officer or employee of the Transportation Security Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.
(Added Pub. L. 115–254, div. K, title I, § 1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)
heading: Prior Provisions
text: A prior 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, prior to repeal by Pub. L. 107–71, title I, § 101(f)(6), Nov. 19, 2001, 115 Stat. 603.
49 U.S.C. § 44937 (TRANSPORTATION)
§ 44937. Prohibition on transferring duties and powers
Except as specifically provided by law, the Administrator of the Transportation Security Administration 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; Pub. L. 115–254, div. K, title I, § 1991(d)(28), Oct. 5, 2018, 132 Stat. 3639.)
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: 2018—Pub. L. 115–254 substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security”.
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.
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 Homeland Security, 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; amended Pub. L. 115–254, div. K, title I, § 1991(d)(32), Oct. 5, 2018, 132 Stat. 3640.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–254 inserted “the Department of Homeland Security,” after “Department of Transportation,”.
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 Administrator of the Transportation Security Administration 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 Administrator of the Transportation Security Administration 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; Pub. L. 115–254, div. K, title I, § 1991(d)(36), Oct. 5, 2018, 132 Stat. 3641.)
heading: Amendments
text: 2018—Subsec. (b)(1), (2). Pub. L. 115–254 substituted “Administrator of the Transportation Security Administration” for “Assistant Secretary”.
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. § 44947 (TRANSPORTATION)
§ 44947. Air cargo security division
(a) Establishment.—
Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall establish an air cargo security division to carry out and engage with stakeholders regarding the implementation of air cargo security programs established by the Administration.
(b) Leadership; Staffing.—
The air cargo security division established pursuant to subsection (a) shall be headed by an individual in the executive service within the TSA and be staffed by not fewer than 4 full-time equivalents, including the head of the division.
(c) Staffing.—
The Administrator of the Transportation Security Administration shall staff the air cargo security division with existing TSA personnel.
(Added Pub. L. 115–254, div. K, title I, § 1943(a), Oct. 5, 2018, 132 Stat. 3584.)
heading: References in Text
text: The date of enactment of the TSA Modernization Act, referred to in subsec. (a), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.
49 U.S.C. § 44948 (TRANSPORTATION)
§ 44948. National Deployment Office
(a) Establishment.—
There is established within the Transportation Security Administration a National Deployment Office, to be headed by an individual with supervisory experience. Such individual shall be designated by the Administrator of the Transportation Security Administration.
(b) Duties.—
The individual designated as the head of the National Deployment Office shall be responsible for the following:
(1) Maintaining a National Deployment Force within the Transportation Security Administration, including transportation security officers, supervisory transportation security officers and lead transportation security officers, to provide the Administration with rapid and efficient response capabilities and augment the Department of Homeland Security’s homeland security operations to mitigate and reduce risk, including for the following:
(A) Airports temporarily requiring additional security personnel due to an emergency, seasonal demands, hiring shortfalls, severe weather conditions, passenger volume mitigation, equipment support, or other reasons.
(B) Special events requiring enhanced security including National Special Security Events, as determined by the Secretary of Homeland Security.
(C) Response in the aftermath of any manmade disaster, including any terrorist attack.
(D) Other such situations, as determined by the Administrator.
(2) Educating transportation security officers regarding how to participate in the Administration’s National Deployment Force.
(3) Recruiting officers to serve on the National Deployment Force, in accordance with a staffing model to be developed by the Administrator.
(4) Approving 1-year appointments for officers to serve on the National Deployment Force, with an option to extend upon officer request and with the approval of the appropriate Federal Security Director.
(5) Training officers to serve on the National Deployment Force.
(Added Pub. L. 115–254, div. K, title I, § 1988(a), Oct. 5, 2018, 132 Stat. 3622.)
heading: Career Development
text: Pub. L. 115–254, div. K, title I, § 1988(d), Oct. 5, 2018, 132 Stat. 3623, provided that: “The Administrator [of the Transportation Security Administration] may consider service in the National Deployment Force as a positive factor when evaluating applicants for promotion opportunities within the TSA.”
49 U.S.C. § 45107 (TRANSPORTATION)
§ 45107. Transportation Security Administration
(a) Transfer of Functions Relating to Testing Programs With Respect to Airport Security Screening Personnel.—
The authority of the Administrator of the Federal Aviation Administration under this chapter with respect to programs relating to testing of airport security screening personnel are transferred to the Administrator of the Transportation Security Administration. Notwithstanding section 45102(a), the regulations prescribed under section 45102(a) shall require testing of such personnel 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 Federal Aviation Administration whose duties include responsibility for safety-sensitive functions shall apply with respect to employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions.
(Added Pub. L. 107–71, title I, § 139(4), Nov. 19, 2001, 115 Stat. 640; amended Pub. L. 115–254, div. K, title I, § 1991(e), Oct. 5, 2018, 132 Stat. 3642.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–254, § 1991(e)(1), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security”.
Subsec. (b). Pub. L. 115–254, § 1991(e)(2), struck out at end “The Under Secretary of Transportation for Security, the Transportation Security Administration, and employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions shall be subject to and comply with such provisions in the same manner and to the same extent as the Administrator of the Federal Aviation Administration, the Federal Aviation Administration, and employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions, respectively.”
49 U.S.C. § 45306 (TRANSPORTATION)
§ 45306. Manual surcharge
(a) In General.—
Not later 3 years after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall impose and collect a surcharge on a Civil Aviation Registry transaction that—
(1) is conducted in person at the Civil Aviation Registry;
(2) could be conducted, as determined by the Administrator, with the same or greater level of efficiency by electronic or other remote means; and
(3) is not related to research or other non-commercial activities.
(b) Maximum Surcharge.—
A surcharge imposed and collected under subsection (a) shall not exceed twice the maximum fee the Administrator is authorized to charge for the registration of an aircraft, not used to provide air transportation, after the transfer of ownership under section 45302(b)(2).
(c) Credit to Account and Availability.—
Monies collected from a surcharge imposed under subsection (a) shall be treated as monies collected under section 45302 and subject to the terms and conditions set forth in section 45302(d).
(Added Pub. L. 115–254, div. B, title V, § 546(d), Oct. 5, 2018, 132 Stat. 3376.)
heading: References in Text
text: The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.
49 U.S.C. § 46109 (TRANSPORTATION)
§ 46109. Joinder and intervention
A person interested in or affected by a matter under consideration in a proceeding before the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) or civil action to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part may be joined as a party or permitted to intervene in the proceeding or civil action.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1230; Pub. L. 115–254, div. K, title I, § 1991(f)(8), Oct. 5, 2018, 132 Stat. 3642.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
46109
49 App.:1489.
Aug. 23, 1958, Pub. L. 85–726, § 1009, 72 Stat. 796.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
The words “proceeding . . . or civil action” are substituted for “proceeding . . . whether such proceedings be instituted . . . or be begun originally in any court of the United States” for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “prescribed . . . issued” are added for consistency in the revised title and with other titles of the Code. The words “condition, or limitation” are omitted as being included in “term”. The words “may be joined as a party or permitted to intervene” are substituted for “it shall be lawful to include as parties, or to permit the intervention of” for clarity. The text of 49 App.:1489 (words after semicolon) is omitted as surplus.
heading: Amendments
text: 2018—Pub. L. 115–254 inserted “(or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator)” after “Secretary of Transportation”.
49 U.S.C. § 46318 (TRANSPORTATION)
§ 46318. Interference with cabin or flight crew
(a) General Rule.—
An individual who physically or sexually assaults or threatens to physically or sexually assault a member of the flight crew or cabin crew of a civil aircraft or any other individual on the aircraft, or takes any action that poses an imminent threat to the safety of the aircraft or other individuals on the aircraft is liable to the United States Government for a civil penalty of not more than $35,000.
(b) Compromise and Setoff.—
(1) Compromise.—
The Secretary may compromise the amount of a civil penalty imposed under this section.
(2) Setoff.—
The United States Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts the Government owes the person liable for the penalty.
(Added Pub. L. 106–181, title V, § 511(a), Apr. 5, 2000, 114 Stat. 142; amended Pub. L. 115–254, div. B, title III, § 339(a), Oct. 5, 2018, 132 Stat. 3282.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–254 inserted “or sexually” after “physically” in two places and substituted “$35,000” for “$25,000”.
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.