Sec. 1991. TITLE 49 AMENDMENTS
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/statute-compilations/comps-15561/sec-1991A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1991 TITLE 49 AMENDMENTS ###
(a)Deletion of Duties Related to Aviation Security Section 106(g) is amended to read as follows: > > ### “(g) Duties and Powers of Administrator > > The Administrator shall carry out the following: > > > #### “(1) > > Duties and powers of the Secretary of Transportation under subsection
(f)of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in the following: > > > ##### “(A) > > Section 308(b). > > > ##### “(B) > > Subsections
(c)and
(d)of section 1132. > > > ##### “(C) > > Sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and 40114(a). > > > ##### “(D) > > Chapter 445, except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515. > > > ##### “(E) > > Chapter 447, except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723. > > > ##### “(F) > > Chapter 451. > > > ##### “(G) > > Chapter 453. > > > ##### “(H) > > Section 46104. > > > ##### “(I) > > Subsections
(d)and (h)(2) of section 46301 and sections 46303(c), 46304 through 46308, 46310, 46311, and 46313 through 46316. > > > ##### “(J) > > Chapter 465. > > > ##### “(K) > > Sections 47504(b) (related to flight procedures), 47508(a), and 48107. > > > #### “(2) > > Additional duties and powers prescribed by the Secretary of Transportation.” > . ###
(b)Transportation Security Oversight Board Section 115 is amended— ####
(1)in subsection (c)(1), by striking “Under Secretary of Transportation for security” and inserting “Administrator of the Transportation Security Administration”; and ####
(2)in subsection (c)(6), by striking “Under Secretary” and inserting “Administrator”. ###
(c)Chapter 401 Amendments Chapter 401 is amended— ####
(1)in section 40109— #####
(A)in subsection (b), by striking “, 40119, 44901, 44903, 44906, and 44935-44937”; and #####
(B)in subsection (c), by striking “sections 44909 and” and inserting “sections 44909(a), 44909(b), and”; ####
(2)in section 40113— #####
(A)in subsection (a)— ######
(i)by striking “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” and inserting “the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or”; ######
(ii)by striking “carried out by the Administrator” and inserting “carried out by that Administrator”; and ######
(iii)by striking “, Under Secretary, or Administrator,” and inserting “, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration,”; and #####
(B)in subsection (d)— ######
(i)by striking “Under Secretary of Transportation for Security or the”; ######
(ii)by striking “Transportation Security Administration or Federal Aviation Administration, as the case may be,” and inserting “Federal Aviation Administration”; and ######
(iii)by striking “Under Secretary or Administrator, as the case may be,” and inserting “Administrator”; ####
(3)by striking section 40119; and ####
(4)**[**[49 U.S.C. 40101](/us/usc/t49/s40101)**]** in the table of contents, by striking the item relating to section 40119 and inserting the following:" “40119. [Reserved].” ". ###
(d)Chapter 449 Amendments Chapter 449 is amended— ####
(1)in section 44901— #####
(A)in subsection (a)— ######
(i)by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)by striking “, United States Code”; #####
(B)in subsection (c), by striking “but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act”; #####
(C)in subsection (d)— ######
(i)in paragraph (1)— ######
(I)in the matter preceding subparagraph (A), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and ######
(II)in subparagraph (A), by striking “no later than December 31, 2002”; ######
(ii)by striking paragraphs
(2)and (3); ######
(iii)by redesignating paragraph
(4)as paragraph (2); and ######
(iv)in paragraph (2), as redesignated— ######
(I)in subparagraph (A), by striking “Assistant Secretary (Transportation Security Administration)” and inserting “Administrator of the Transportation Security Administration”; ######
(II)in subparagraph (B), by striking “Assistant Secretary” and inserting “Administrator of the Transportation Security Administration”; and ######
(III)in subparagraph (D)— ######
(aa)by striking “Assistant Secretary” the first place it appears and inserting “Administrator of the Transportation Security Administration”; and ######
(bb)by striking “Assistant Secretary” the second place it appears and inserting “Administrator”; #####
(D)in subsection (e)— ######
(i)in that matter preceding paragraph (1)— ######
(I)by striking “but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act”; and ######
(II)by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)in paragraph (4), by striking “Under Secretary” and inserting “Administrator”; #####
(E)in subsection (f), by striking “after the date of enactment of the Aviation and Transportation Security Act”; #####
(F)in subsection (g)— ######
(i)in paragraph (1), by striking “Not later than 3 years after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the” and inserting “The”; ######
(ii)in paragraph (2), by striking “as follows:” and all that follows and inserting a period; ######
(iii)by amending paragraph
(3)to read as follows: > > #### “(3) Regulations > > The Secretary of Homeland Security shall issue a final rule as a permanent regulation to implement this subsection in accordance with the provisions of chapter 5 of title 5.” > ; ######
(iv)by striking paragraph (4); and ######
(v)by redesignating paragraph
(5)as paragraph (4); #####
(G)in subsection (h)— ######
(i)in paragraph (1), by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)in paragraph (2)— ######
(I)by striking “Under Secretary” the first place it appears and inserting “Administrator of the Transportation Security Administration”; and ######
(II)by striking “Under Secretary” each place it appears and inserting “Administrator”; #####
(H)in subsection (i)— ######
(i)in the matter preceding paragraph (1), by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)in paragraph (2), by striking “Under Secretary” and inserting “Administrator”; #####
(I)in subsection (j)(1)— ######
(i)in the matter preceding subparagraph (A), by striking “Before January 1, 2008, the” and inserting “The”; and ######
(ii)in subparagraph (A), by striking “the date of enactment of this subsection” and inserting “August 3, 2007”; #####
(J)in subsection (k)— ######
(i)in paragraph (1), by striking “Not later than one year after the date of enactment of this subsection, the” and inserting “The”; ######
(ii)in paragraph (2), by striking “Not later than 6 months after the date of enactment of this subsection, the” and inserting “The”; and ######
(iii)in paragraph (3), by striking “Not later than 180 days after the date of enactment of this subsection, the” in paragraph
(3)and inserting “The”; and #####
(K)in subsection (l)— ######
(i)in paragraph (2)— ######
(I)in the matter preceding subparagraph (A), by striking “Beginning June 1, 2012, the Assistant Secretary of Homeland Security (Transportation Security Administration)” and inserting “The Administrator of the Transportation Security Administration”; and ######
(II)in subparagraph (B), by striking “Assistant Secretary” and inserting “Administrator”; ######
(ii)in paragraph (3)— ######
(I)in subparagraph (A)— ######
(aa)by striking “Assistant Secretary” the first place it appears and inserting “Administrator of the Transportation Security Administration”; and ######
(bb)by striking “Assistant Secretary” the second place it appears and inserting “Administrator”; and ######
(II)in subparagraph (B), by striking “Assistant Secretary” and inserting “Administrator of the Transportation Security Administration”; and ######
(iii)in paragraph (4)— ######
(I)in subparagraph (A)— ######
(aa)by striking “60 days after the deadline specified in paragraph (2), and not later than”; ######
(bb)by striking “Assistant Secretary” the first place it appears and inserting “Administrator of the Transportation Security Administration”; and ######
(cc)by striking “Assistant Secretary” the second place it appears and inserting “Administrator”; and ######
(II)in subparagraph (B), by striking “Assistant Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(2)section 44902 is amended— #####
(A)in subsection (a), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and #####
(B)in subsection (b), by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; ####
(3)section 44903 is amended— #####
(A)in subsection (a)— ######
(i)in the heading, by striking “Definition” and inserting “Definitions”; ######
(ii)by redesignating paragraphs
(1)through
(3)as subparagraphs
(A)through (C), respectively; ######
(iii)in subparagraph (B), as redesignated, by striking “Under Secretary of Transportation for Security” and inserting “Administrator”; ######
(iv)in the matter preceding subparagraph (A), as redesignated, by striking “In this section, ‘law enforcement personnel’ means individuals—” and inserting “In this section:”; ######
(v)by inserting before subparagraph (A), the following: > > #### “(2) Law enforcement personnel > > The term ‘law enforcement personnel’ means individuals—” > ; and ######
(vi)by inserting before paragraph (2), as redesignated, the following: > > #### “(1) Administrator > > The term ‘Administrator’ means the Administrator of the Transportation Security Administration.” > ; #####
(B)in subsection (d), by striking “Secretary of Transportation” and inserting “Administrator”; #####
(C)in subsection (g), by striking “Under Secretary’s” each place it appears and inserting “Administrator’s”; #####
(D)in subsection (h)— ######
(i)in paragraph (3), by striking “Secretary” and inserting “Secretary of Homeland Security”; ######
(ii)in paragraph (4)— ######
(I)in subparagraph (A), by striking “, as soon as practicable after the date of enactment of this subsection,”; ######
(II)in subparagraph (C), by striking “section 44903(c)” and inserting “subsection (c)”; and ######
(III)in subparagraph (E), by striking “, not later than March 31, 2005,”; ######
(iii)in paragraph (5), by striking “Assistant Secretary of Homeland Security (Transportation Security Administration)” and inserting “Administrator”; ######
(iv)in paragraph (6)(A)— ######
(I)in the matter preceding clause (i), by striking “Not later than 18 months after the date 132 STAT. 3631 of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the” and inserting “The”; and ######
(II)in clause (i), by striking “section” and inserting “paragraph”; and ######
(v)in paragraph (6)(C), by striking “Secretary” and inserting “Secretary of Homeland Security”; #####
(E)in subsection (i)(3), by striking “, after the date of enactment of this paragraph,”; #####
(F)in subsection (j)— ######
(i)by amending paragraph
(1)to read as follows: > > #### “(1) In general > > The Administrator shall periodically recommend to airport operators commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons.” > ; ######
(ii)in paragraph (2)— ######
(I)in the heading, by striking “Computer-assisted passenger prescreening system” and inserting “Secure flight program”; ######
(II)in subparagraph (A)— ######
(aa)by striking “Computer-Assisted Passenger Prescreening System” and inserting “Secure Flight program”; ######
(bb)by striking “Secretary of Transportation” and inserting “Administrator”; and ######
(cc)by striking “system” each place it appears and inserting “program”; ######
(III)in subparagraph (B)— ######
(aa)by striking “Computer-Assisted Passenger Prescreening System” and inserting “Secure Flight program”; ######
(bb)by striking “Secretary of Transportation” and inserting “Administrator”; and ######
(cc)by striking “Secretary” and inserting “Administrator”; ######
(IV)in subparagraph (C)— ######
(aa)in clause (i), by striking “Not later than January 1, 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary,” and inserting “The Administrator”; ######
(bb)in clause (ii), by striking “Not later than 180 days after completion of testing under clause (i), the” and inserting “The”; and ######
(cc)in clause (iv), by striking “Not later than 180 days after” and inserting “After”; ######
(V)in subparagraph (D), by striking “Assistant Secretary of Homeland Security (Transportation Security Administration)” and inserting “Administrator”; ######
(VI)in subparagraph (E)(i), by striking “Not later than 90 days after the date on which the Assistant Secretary assumes the performance of the advanced passenger prescreening function under subparagraph (C)(ii), the” and inserting “The Administrator”; and ######
(VII)by striking “Assistant Secretary” each place it appears and inserting “Administrator”; #####
(G)in subsection (l), by striking “Under Secretary for Border and Transportation Security of the Department of Homeland Security” and inserting “Administrator”; #####
(H)in subsection (m)— ######
(i)in paragraph (1), by striking “Assistant Secretary of Homeland Security (Transportation Security Administration)” and inserting “Administrator”; and ######
(ii)by striking “Assistant Secretary” each place it appears and inserting “Administrator”; and #####
(I)by striking “Under Secretary” each place it appears and inserting “Administrator”; ####
(4)section 44904 is amended— #####
(A)in subsection (a), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; #####
(B)in subsection (c)— ######
(i)by striking “section 114(t)(3)” and inserting “section 114(s)(3)”; and ######
(ii)by striking “section 114(t)” and inserting “section 114(s)”; #####
(C)in subsection (d)— ######
(i)by striking “Not later than 90 days after the date of the submission of the National Strategy for Transportation Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security (Transportation Security Administration)” and inserting “The Administrator of the Transportation Security Administration”; and ######
(ii)by striking “section 114(t)(1)” and inserting “section 114(s)(1)”; and #####
(D)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(5)section 44905 is amended— #####
(A)in subsection (a)— ######
(i)by striking “Secretary of Transportation” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)by striking “Secretary.” and inserting “Administrator.”; #####
(B)in subsection (b), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and #####
(C)in subsections (c), (d), and (f), by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(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”; ####
(7)section 44908 is amended— #####
(A)by striking “Secretary of Transportation” each place it appears and inserting “Administrator of the Transportation Security Administration”; #####
(B)in subsection (a), by striking “safety or”; and #####
(C)in subsection (c), by striking “The Secretary” and inserting “The Administrator”; ####
(8)section 44909 is amended— #####
(A)in subsection (a)(1), by striking “Not later than March 16, 1991, the” and inserting “The”; and #####
(B)in subsection (c)— ######
(i)in paragraph (1), by striking “Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, each” and inserting “Each”; ######
(ii)in paragraphs (2)(F) and (5), by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; and ######
(iii)in paragraph (6)— ######
(I)in subparagraph (A), by striking “Not later than 60 days after date of enactment of this paragraph, the” and inserting “The”; and ######
(II)in subparagraph (B)(ii)— ######
(aa)by striking “the Secretary will” and inserting “the Secretary of Homeland Security will”; and ######
(bb)by striking “the Secretary to” and inserting “the Secretary of Homeland Security to”; ####
(9)section 44911 is amended— #####
(A)in subsection (b), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; #####
(B)in subsection (d), by striking “request of the Secretary” and inserting “request of the Secretary of Homeland Security”; and #####
(C)in subsection (e)— ######
(i)by striking “Secretary, and the Under Secretary” and inserting “Secretary of Homeland Security, and the Administrator of the Transportation Security Administration”; and ######
(ii)by striking “intelligence community and the Under Secretary” and inserting “intelligence community and the Administrator of the Transportation Security Administration”; ####
(10)section 44912 is amended— #####
(A)in subsection (a)— ######
(i)in paragraph (1)— ######
(I)by striking “Under Secretary of Transportation for Security” and inserting “Administrator”; and ######
(II)by striking “, not later than November 16, 1993,”; and ######
(ii)in paragraph (4)(C), by striking “Research, Engineering and Development Advisory Committee” and inserting “Administrator”; #####
(B)in subsection (c)— ######
(i)in paragraph (1), by striking “, as a subcommittee of the Research, Engineering, and Development Advisory Committee,”; and ######
(ii)in paragraph (4), by striking “Not later than 90 days after the date of the enactment of the Aviation and Transportation Security Act, and every two years thereafter,” and inserting “Biennially,”; #####
(C)by striking “Under Secretary” each place it appears and inserting “Administrator”; and #####
(D)by adding at the end the following: > > ### “(d) Security and Research and Development Activities > > > #### “(1) In general > > The Administrator shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security. > > > #### “(2) Disclosure > > > ##### “(A) In general > > Notwithstanding section 552 of title 5, the Administrator shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Homeland Security decides disclosing the information would— > > > ###### “(i) > > be an unwarranted invasion of personal privacy; > > > ###### “(ii) > > reveal a trade secret or privileged or confidential commercial or financial information; or > > > ###### “(iii) > > be detrimental to transportation safety. > > > ##### “(B) Information to congress > > Subparagraph
(A)does not authorize information to be withheld from a committee of Congress authorized to have the information. > > > ##### “(C) Rule of construction > > Nothing in subparagraph
(A)shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— > > > ###### “(i) > > to conceal a violation of law, inefficiency, or administrative error; > > > ###### “(ii) > > to prevent embarrassment to a person, organization, or agency; > > > ###### “(iii) > > to restrain competition; or > > > ###### “(iv) > > to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. > > > ##### “(D) Privacy act > > Section 552a of title 5 shall not apply to disclosures that the Administrator of the Transportation Security Administration may make from the systems of records of the Transportation Security Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. > > > #### “(3) Transfers of duties and powers prohibited > > Except as otherwise provided by law, the Administrator may not transfer a duty or power under this section to another department, agency, or instrumentality of the United States Government. > > > ### “(e) Definition of Administrator > > In this section, the term ‘Administrator’ means the Administrator of the Transportation Security Administration.” > ; ####
(11)section 44913 is amended— #####
(A)in subsection (a)— ######
(i)in paragraph (1), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration (referred to in this section as ‘the Administrator’)”; ######
(ii)by striking paragraph (2); ######
(iii)by redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively; and ######
(iv)by striking “Under Secretary” each place it appears and inserting “Administrator”; and #####
(B)in subsection (b), by striking “Secretary of Transportation” and inserting “Administrator”; ####
(12)section 44914 is amended— #####
(A)by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; #####
(B)by striking “Under Secretary” each place it appears and inserting “Administrator”; and #####
(C)by inserting “the Department of Transportation,” before “air carriers, airport authorities, and others”; ####
(13)section 44915 is amended by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; ####
(14)section 44916 is amended— #####
(A)in subsection (a), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and #####
(B)in subsection (b)— ######
(i)by striking “Under Secretary” the first place it appears and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)by striking “Under Secretary” the second place it appears and inserting “Administrator”; ####
(15)section 44917 is amended— #####
(A)in subsection (a)— ######
(i)in the matter preceding paragraph (1), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)in paragraph (2), by striking “by the Secretary” and inserting “by the Administrator”; #####
(B)in subsection (d)— ######
(i)in paragraph (1), by striking “Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)in paragraph (3), by striking “Assistant Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(16)section 44918 is amended— #####
(A)in subsection (a)— ######
(i)in paragraph (2)(E), by striking “Under Secretary for Border and Transportation Security of the Department of Homeland Security” and inserting “Administrator of the Transportation Security Administration”; ######
(ii)in paragraph (4), by striking “Not later than one year after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act, the” and inserting “The”; and ######
(iii)in paragraph (5), by striking “the date of enactment of the Vision 100—Century of Aviation Reauthorization Act” and inserting “December 12, 2003,”; #####
(B)in subsection (b)— ######
(i)in paragraph (1), by striking “Not later than one year after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act, the” and inserting “The”; and ######
(ii)in paragraph (6), by striking “Federal Air Marshals Service” and inserting “Federal Air Marshal Service”; and #####
(C)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(17)section 44920 is amended— #####
(A)in subsection (g)(1), by striking “subsection
(a)or section 44919” and inserting “subsection (a)”; and #####
(B)by adding at the end the following: > > ###### “(i) Definition of Administrator > > In this section, the term ‘Administrator’ means the Administrator of the Transportation Security Administration.” > ; ####
(18)section 44922 is amended— #####
(A)in the heading, by striking “Deputation” and inserting “Deputization”; #####
(B)in subsection (a)— ######
(i)in the heading, by striking “Deputation” and inserting “Deputization”; and ######
(ii)by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; #####
(C)in subsection (e), by striking “deputation” and inserting “deputization”; and #####
(D)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(19)section 44923 is amended— #####
(A)in subsection (a), by striking “Under Secretary for Border and Transportation Security of the Department of Homeland Security” and inserting “Administrator of the Transportation Security Administration”; #####
(B)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; #####
(C)in subsection (e)— ######
(i)by striking paragraph (2); and ######
(ii)by striking “(1) In general.—”; and #####
(D)by striking subsection (j); ####
(20)section 44924 is amended— #####
(A)in subsection (a)— ######
(i)by striking “Under Secretary for Border and Transportation Security of the Department of Homeland Security” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)by striking “Administrator under” and inserting “Administrator of the Federal Aviation Administration under”; #####
(B)in subsections (b), (c), (d), (e), and (f), by striking “Administrator” and inserting “Administrator of the Federal Aviation Administration”; #####
(C)in subsection (f), by striking “Not later than 240 days after the date of enactment of this section, the” and inserting “The”; and #####
(D)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(21)section 44925 is amended— #####
(A)in subsection (b)(1), by striking “Not later than 90 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration)” and inserting “The Administrator of the Transportation Security Administration”; #####
(B)in subsection (b), by striking paragraph (3); and #####
(C)in subsection (d), by striking “Assistant Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(22)section 44926(b)(3) is amended by striking “an misidentified passenger” and inserting “a misidentified passenger”; ####
(23)section 44927 is amended— #####
(A)by striking “Assistant Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; #####
(B)in subsection (a), by striking “Veteran Affairs” and inserting “Veterans Affairs”; and #####
(C)in subsection (f)— ######
(i)in the heading, by striking “Report” and inserting “Reports”; and ######
(ii)by striking “Not later than 1 year after the date of enactment of this section, and annually thereafter,” and inserting “Each year,”; ####
(24)section 44933 is amended— #####
(A)in subsection (a)— ######
(i)by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; ######
(ii)by striking “Federal Security Manager” and inserting “Federal Security Director”; and ######
(iii)by striking “Managers” each place it appears and inserting “Federal Security Directors”; #####
(B)in subsection (b), by striking “Manager” and inserting “Federal Security Director”; and #####
(C)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(25)section 44934 is amended— #####
(A)in subsection (a)— ######
(i)by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; ######
(ii)by striking “airports. In coordination with the Secretary” and inserting “airports. In coordination with the Secretary of State”; ######
(iii)by striking “The Secretary shall give high priority” and inserting “The Secretary of State shall give high priority”; and ######
(iv)by striking “Under Secretary” each place it appears and inserting “Administrator”; and #####
(B)in subsection (b)— ######
(i)in the matter preceding paragraph (1), by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)in paragraph (1), by striking “Under Secretary” and inserting “Administrator”; and #####
(C)in subsection (c), by striking “the Secretary and the chief” and inserting “the Secretary of State and the chief”; ####
(26)section 44935 is amended— #####
(A)in subsection (a), by striking “Under Secretary of Transportation for Security” and inserting “Administrator”; #####
(B)in subsection (e)— ######
(i)in paragraph (1), by striking “Under Secretary of Transportation for Security” and inserting “Administrator”; and ######
(ii)in paragraph (2)(A)— ######
(I)in the matter preceding clause (i)— ######
(aa)by striking “Within 30 days after the date of enactment of the Aviation and Transportation Security Act, the” and inserting “The”; and ######
(bb)by inserting “other” before “provision of law”; and ######
(II)in clause (ii), by striking “section 1102(a)(22)” and inserting “section 101(a)(22)”; #####
(C)in subsection (f)(1), by inserting “other” before “provision of law”; #####
(D)in subsection (g)(2), by striking “Within 60 days after the date of enactment of the Aviation and Transportation Security Act, the” and inserting “The”; #####
(E)by striking “Under Secretary” each place it appears and inserting “Administrator”; and #####
(F)by adding at the end the following: > > ### “(l) Definition of Administrator > > In this section, the term ‘Administrator’ means the Administrator of the Transportation Security Administration.” > ; ####
(27)section 44936 is amended— #####
(A)in subsection (a)— ######
(i)by striking “Under Secretary of Transportation for Security” each place it appears and inserting “Administrator”; ######
(ii)in paragraph (1)— ######
(I)in subparagraph (A), by striking “,,” and inserting a comma; and ######
(II)by striking subparagraph (C); and ######
(iii)by redesignating subparagraph
(D)as subparagraph (C); #####
(B)in subsection (c)(1), by striking “Under Secretary’s” and inserting “Administrator’s”; #####
(C)by striking “Under Secretary” each place it appears and inserting “Administrator”; and #####
(D)by adding at the end the following: > > ### “(f) Definition of Administrator > > In this section, the term ‘Administrator’ means the Administrator of the Transportation Security Administration.” > ; ####
(28)section 44937 is amended by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; ####
(29)section 44938 is amended— #####
(A)in subsection (a)— ######
(i)by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)by striking “Secretary of Transportation” and inserting “Secretary of Homeland Security”; and #####
(B)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(30)section 44939(d) is amended by striking “Not later than 60 days after the date of enactment of this section, the Secretary” and inserting “The Secretary of Homeland Security”; ####
(31)section 44940 is amended— #####
(A)in subsection (a)— ######
(i)in paragraph (1)— ######
(I)by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and ######
(II)by striking the last two sentences; and ######
(ii)by adding at the end the following: > > #### “(2) Determination of costs > > > ##### “(A) In general > > The amount of the costs under paragraph
(1)shall be determined by the Administrator of the Transportation Security Administration and shall not be subject to judicial review. > > > ##### “(B) Definition of federal law enforcement personnel > > For purposes of paragraph (1)(A), the term ‘Federal law enforcement personnel’ includes State and local law enforcement officers who are deputized under section 44922.” > ; #####
(B)in subsections (b), (d), (e), (g), and (h), by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; #####
(C)in subsection (d)— ######
(i)in paragraph (1)— ######
(I)by striking “within 60 days of the date of enactment of this Act, or”; and ######
(II)by striking “thereafter”; and ######
(ii)in paragraph (2), by striking “subsection (d)” each place it appears and inserting “paragraph
(1)of this subsection”; #####
(D)in subsection (e)(1), by striking “Fees payable to under secretary” in the heading and inserting “Fees payable to administrator”; and #####
(E)in subsection (i)(4)— ######
(i)by striking subparagraphs
(A)through (D); and ######
(ii)by redesignating subparagraphs
(E)through
(L)as subparagraphs
(A)through (H), respectively; ####
(32)section 44941(a) is amended by inserting “the Department of Homeland Security,” after “Department of Transportation,”; ####
(33)section 44942 is amended— #####
(A)in subsection (a)— ######
(i)in paragraph (1)— ######
(I)in the matter preceding subparagraph (A), by striking “Within 180 days after the date of enactment of the Aviation and Transportation Security Act, the Under Secretary for Transportation Security may, in consultation with” and inserting “The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and”; and ######
(II)in subparagraph (A), by striking “, and” and inserting “; and”; and ######
(ii)in paragraph (2), by inserting a comma after “Federal Aviation Administration”; #####
(B)in subsection (b)— ######
(i)by striking “(1) Performance plan and report.—”; ######
(ii)by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; ######
(iii)in paragraph (1), as redesignated— ######
(I)by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; ######
(II)in subparagraph (A), as redesignated, by striking “the Secretary and the Under Secretary for Transportation Security shall agree” and inserting “the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree”; and ######
(III)in subparagraph (B), as redesignated, by striking “the Secretary, the Under Secretary for Transportation Security” and inserting “the Secretary of Homeland Security, the Administrator of the Transportation Security Administration,”; and ######
(iv)in paragraph (2), as redesignated, by striking “Under Secretary for Transportation Security” and inserting “Administrator of the Transportation Security Administration”; ####
(34)section 44943 is amended— #####
(A)in subsection (a), by striking “Under Secretary for Transportation Security” and inserting “Administrator of the Transportation Security Administration”; #####
(B)in subsection (b)— ######
(i)in paragraph (1)— ######
(I)by striking “Secretary and Under Secretary of Transportation for Security” and inserting “Secretary of Homeland Security and Administrator of the Transportation Security Administration”; and ######
(II)by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)in paragraph (2)— ######
(I)by striking “Under Secretary” the first place it appears and inserting “Administrator of the Transportation Security Administration”; and ######
(II)by striking “Under Secretary shall” each place it appears and inserting “Administrator shall”; and #####
(C)in subsection (c), by striking “Aviation Security Act, the Under Secretary for Transportation Security” and inserting “Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 597), the Administrator of the Transportation Security Administration”; ####
(35)section 44944 is amended— #####
(A)in subsection (a)— ######
(i)in paragraph (1), by striking “Under Secretary of Transportation for Transportation Security” and inserting “Administrator of the Transportation Security Administration”; and ######
(ii)in paragraph (4), by inserting “the Administrator of the Federal Aviation Administration,” after “consult with”; and #####
(B)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(36)section 44945(b) is amended by striking “Assistant Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; and ####
(37)section 44946 is amended— #####
(A)in subsection (g)— ######
(i)by striking paragraph (2); ######
(ii)by redesignating paragraph
(1)as paragraph (2); and ######
(iii)by inserting before paragraph (2), as redesignated, the following: > > #### “(1) Administrator > > The term ‘Administrator’ means the Administrator of the Transportation Security Administration.” > ; #####
(B)by striking “Assistant Secretary” each place it appears and inserting “Administrator”; #####
(C)in subsection (b)(4)— ######
(i)by striking “the Secretary receives” and inserting “the Administrator receives”; and ######
(ii)by striking “the Secretary shall” and inserting “the Administrator shall”; and #####
(D)in subsection (c)(1)(A), by striking “Not later than 180 days after the date of enactment of the Aviation Security Stakeholder Participation Act of 2014, the” and inserting “The”. ###
(e)Chapter 451 Amendments Section 45107 is amended— ####
(1)in subsection (a), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and ####
(2)in subsection (b), by striking the second sentence. ###
(f)Chapter 461 Amendments 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 striking “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary” and inserting “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”; ####
(2)in each of sections 46101, 46102(c), 46103, 46104, 46105, 46107, and 46110 by striking “or Administrator” each place it appears and inserting “or Administrator of the Federal Aviation Administration”; ####
(3)in each of sections 46101(a)(1), 46102(a) 46103(a), 46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking “by the Administrator)” and inserting “by the Administrator of the Federal Aviation Administration)”; ####
(4)in each of sections 46101, 46102, 46103, 46104, 46105, 46107, and 46110 by striking “Under Secretary,” each place it appears and inserting “Administrator of the Transportation Security Administration,”; ####
(5)in section 46102— #####
(A)in subsection (b), by striking “the Administrator” each place it appears and inserting “the Administrator of the Federal Aviation Administration”; #####
(B)in subsection (c), by striking “and Administrator” each place it appears and inserting “and Administrator of the Federal Aviation Administration”; and #####
(C)in subsection (d), by striking “the Administrator, or an officer or employee of the Administration” in subsection
(d)and inserting “the Administrator of the Federal Aviation Administration, or an officer or employee of the Federal Aviation Administration”; ####
(6)in section 46104— #####
(A)by striking “subpena” each place it appears and inserting “subpoena”; and #####
(B)in subsection (b)— ######
(i)in the heading, by striking “Subpenas” and inserting “Subpoenas”; and ######
(ii)by striking “the Administrator, or” and inserting “the Administrator of the Federal Aviation Administration, or”; ####
(7)in section 46105(c), by striking “When the Administrator” and inserting “When the Administrator of the Federal Aviation Administration”; ####
(8)in section 46109, by inserting “(or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by 132 STAT. 3643 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”; and ####
(9)in section 46111— #####
(A)in subsection (a)— ######
(i)by inserting “the” before “Federal Aviation Administration”; ######
(ii)by striking “Administrator is” and inserting “Administrator of the Federal Aviation Administration is”; and ######
(iii)by striking “Under Secretary for Border and Transportation Security of the Department of Homeland Security” and inserting “Administrator of the Transportation Security Administration”; #####
(B)in subsections (b), (c), (e), and (g), by striking “Administrator” each place it appears and inserting “Administrator of the Federal Aviation Administration”; #####
(C)in subsection (g)(2)(A), by striking “(18 U.S.C. App.)” and inserting “(18 U.S.C. App.))”; and #####
(D)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”. ###
(g)Chapter 463 Amendments Chapter 463 is amended— ####
(1)in section 46301— #####
(A)in subsection (a)(5)— ######
(i)in subparagraph (A)(i), by striking “or chapter 451” and inserting “chapter 451”; and ######
(ii)in subparagraph (D), by inserting “of Transportation” after “Secretary”; #####
(B)in subsection (d)— ######
(i)in paragraph (2)— ######
(I)by striking “defined by the Secretary” and inserting “defined by the Secretary of Transportation”; and ######
(II)by striking “Administrator shall” and inserting “Administrator of the Federal Aviation Administration shall”; ######
(ii)in paragraphs (3), (4), (5), (6), (7), and (8), by striking “Administrator” each place it appears and inserting “Administrator of the Federal Aviation Administration”; and ######
(iii)in paragraph (8), by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; #####
(C)in subsection (e), by inserting “of Transportation” after “Secretary”; #####
(D)in subsection (g), by striking “Administrator” and inserting “Administrator of the Federal Aviation Administration”; and #####
(E)in subsection (h)(2)— ######
(i)by striking “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary” and inserting “Administrator of the Transportation Security Administration with respect to security duties 132 STAT. 3644 and powers designated to be carried out by the Administrator of the Transportation Security Administration”; and ######
(ii)by striking “or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator” and inserting “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration”; ####
(2)in section 46304(b), by striking “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator” and inserting “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration”; ####
(3)in section 46311— #####
(A)in subsection (a)— ######
(i)in the matter preceding paragraph (1)— ######
(I)by striking “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary” and inserting “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”; ######
(II)by striking “the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator” and inserting “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration”; ######
(III)by striking “Administrator shall” and inserting “Administrator of the Federal Aviation Administration shall”; and ######
(IV)by striking “Administrator,” and inserting “Administrator of the Federal Aviation Administration,”; and ######
(ii)in paragraph (1), by striking “Administrator” and inserting “Administrator of the Federal Aviation Administration”; #####
(B)in subsections
(b)and (c), by striking “Administrator” each place it appears and inserting “Administrator of the Federal Aviation Administration”; and #####
(C)by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”; ####
(4)in section 46313— #####
(A)by striking “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary” and inserting “Administrator of the Transportation Security 132 STAT. 3645 Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration”; #####
(B)by striking “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator” and inserting “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration”; and #####
(C)by striking “subpena” and inserting “subpoena”; and ####
(5)in section 46316(a)— #####
(A)by striking “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary” and inserting “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”; and #####
(B)by striking “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator” and inserting “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration”. ###
(h)Chapter 465 Amendments Chapter 465 is amended— ####
(1)in section 46505(d)(2), by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and ####
(2)**[**[49 U.S.C. 46501](/us/usc/t49/s46501)**]** in the table of contents for chapter 465 of subtitle VII, bystriking the following:" “**[**46503. Repealed.**]”** ". ###
(i)Chapter 483 Repeal **[**[49 U.S.C. 8301](/us/usc/t49/s8301) [49 U.S.C. 8301](/us/usc/t49/s8301)**]** ####
(1)In general Chapter 483 is repealed. ####
(2)Conforming amendment **[**[49 U.S.C. 40101](/us/usc/t49/s40101)**]** The table of contents for subtitle VIIis amended by striking the following:" “483. Aviation security funding” " ###
(j)Authority To Exempt ####
(1)In general Subchapter II of chapter 449 is amended by inserting before section 44933 the following: > > ## “SEC. 44931 Authority to exempt > > **[**[49 U.S.C. 44931 note](/us/usc/t49/s44931)**]** > > 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. > > > ## “SEC. 44932 Administrative > > **[**[49 U.S.C. 44932 note](/us/usc/t49/s44932)**]** > > > ### “(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.” > . ####
(2)Table of contents **[**[49 U.S.C. 44901](/us/usc/t49/s44901)**]** The table of contents of chapter 449 is amended by inserting before the item relating to section 44933 the following:" “44931. Authority to exempt. “44932. Administrative.” ".
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- Pub. L. 107-71
- 49 USC 8301
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Sec. 1991
TITLE 49 AMENDMENTS
Pub. L.Pub. L. 107-71
Cite49 USC 8301
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