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Title 49 — Transportation

Part A · Chapter 449 — Security

§ 44906. Foreign air carrier security programs

Statutory text

The Administrator of the Transportation Security Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator shall not approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the identical security measures that the Administrator requires air carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an air carrier when the Administrator determines that a specific threat warrants such additional measures. The Administrator shall prescribe regulations to carry out this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 49 U.S.C. § 44906

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1208

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1208

    Enacted provision · exact public law section
    Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Pub. L. 104–132 title III § 322 · 110 Stat. 1214

    Amended · 49 U.S.C. § 44906

    Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator may approve a security program of a foreign air carrier under section 129.25 only if the Administrator decides the security program provides passengers of the foreign air carrier a level of protection similar to the level those passengers would receive under the security programs of air carriers serving the same airport. The Administrator shall require a foreign air carrier to use procedures equivalent to those required of air carriers serving the same airport if the Administrator decides that the procedures are necessary to provide a level of protection similar to that provided passengers of the air carriers serving the same airport. The Administrator shall prescribe regulations to carry out this section.”

    Source evidence

    Code amendment note
    Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator may approve a security program of a foreign air carrier under section 129.25 only if the Administrator decides the security program provides passengers of the foreign air carrier a level of protection similar to the level those passengers would receive under the security programs of air carriers serving the same airport. The Administrator shall require a foreign air carrier to use procedures equivalent to those required of air carriers serving the same airport if the Administrator decides that the procedures are necessary to provide a level of protection similar to that provided passengers of the air carriers serving the same airport. The Administrator shall prescribe regulations to carry out this section.”

    Enacted provision · exact public law section
    SEC. 322. FOREIGN AIR TRAVEL SAFETY. Section 44906 of title 49, United States Code, is amended to read as follows: “§ 44906. Foreign air carrier security programs “The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator shall not approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the identical security measures that the Administrator requires air carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an air carrier when the Administrator determines Regulations. that a specific threat warrants such additional measures. The Administrator shall prescribe regulations to carry out this section.”.

  3. Aviation and Transportation Security Act

    Pub. L. 107–71 title I § 101(f)(7) · 115 Stat. 597

    1. Substituted · 49 U.S.C. § 44906

      Pub. L. 107–71 substituted “Under Secretary” for “Administrator”

    2. Substituted · 49 U.S.C. § 44906

      Pub. L. 107–71 substituted “of Transportation for Security” for “of the Federal Aviation Administration”

    Source evidence

    Code amendment note
    Pub. L. 107–71 substituted “Under Secretary” for “Administrator” wherever appearing and “of Transportation for Security” for “of the Federal Aviation Administration”.

    Enacted provision · exact public law section
    (7) by striking “Administrator” each place it appears in such chapter (except in subsections (f) and (h) of section 44936) and inserting “Under Secretary”;

  4. TSA Modernization Act

    Pub. L. 115–254 div. K title I § 1991(d)(6) · 132 Stat. 3187

    1. Substituted · 49 U.S.C. § 44906

      Pub. L. 115–254 substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security”

    2. Substituted · 49 U.S.C. § 44906

      Pub. L. 115–254 substituted “Administrator” for “Under Secretary”

    Source evidence

    Code amendment note
    Pub. L. 115–254 substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security” and, wherever appearing, “Administrator” for “Under Secretary”.

    Enacted provision · exact public law section
    (6) section 44906 is amended— (A) by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and (B) by striking “Under Secretary” each place it appears and inserting “Administrator”;

6 of 6 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
44906(a)(1)49 App.:1357(k) (1)–(3).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 316(k)(1)–(3); added Nov. 16, 1990, Pub. L. 101–604, § 105(a), 104 Stat. 3074.
 49 App.:1357 (note).Nov. 16, 1990, Pub. L. 101–604, § 105(c), 104 Stat. 3075.

The text of 49 App.:1357(k)(3) and the words “Not later than 180 days after the date of enactment of this Act” in section 105(c) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) are omitted as obsolete.

Editorial Notes

Amendments1996–2018 · 3 rounds

2018

Pub. L. 115–254 substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security” and, wherever appearing, “Administrator” for “Under Secretary”.

2001

Pub. L. 107–71 substituted “Under Secretary” for “Administrator” wherever appearing and “of Transportation for Security” for “of the Federal Aviation Administration”.

1996

Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator may approve a security program of a foreign air carrier under section 129.25 only if the Administrator decides the security program provides passengers of the foreign air carrier a level of protection similar to the level those passengers would receive under the security programs of air carriers serving the same airport. The Administrator shall require a foreign air carrier to use procedures equivalent to those required of air carriers serving the same airport if the Administrator decides that the procedures are necessary to provide a level of protection similar to that provided passengers of the air carriers serving the same airport. The Administrator shall prescribe regulations to carry out this section.”

Credits

1994–2018 · 4 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1208
  2. 1996Pub. L. 104–132, title III, § 322, , 110 Stat. 1254
  3. 2001Pub. L. 107–71, title I, § 101(f)(7), (9), , 115 Stat. 603
  4. 2018Pub. L. 115–254, div. K, title I, § 1991(d)(6), , 132 Stat. 3632.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 1208; Pub. L. 104–132, title III, § 322, , 110 Stat. 1254; Pub. L. 107–71, title I, § 101(f)(7), (9), , 115 Stat. 603; Pub. L. 115–254, div. K, title I, § 1991(d)(6), , 132 Stat. 3632.)

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