US Codex
U.S.C.
Notes

§49103. Definitions — Inbound Citations

49 U.S.C. § 49103

Cited by 240 provisions in release 119-102.

Citations to §49103(1)

Citations to §49103(2)

  • 49 U.S.C. § 40102(a)(45)
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    (45) “ticket agent” means a person (except an air carrier, a foreign air carrier, or an employee of an air carrier or foreign air carrier) that as a principal or agent sells, offers for sale, negotiates for, or holds itself out as selling, providing, or arranging for, air transportation.
  • 49 U.S.C. § 40104(c)(3)(B)
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    (B) managing a workforce, encouraging proper reporting of prospective safety issues, and educating employees on safety management systems; and
  • 49 U.S.C. § 40104(d)(7)(C)
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    (C) initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and export control laws;
  • 49 U.S.C. § 40107(a)
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    (a) The President may transfer to the Administrator of the Federal Aviation Administration a duty, power, activity, or facility of a department, agency, or instrumentality of the executive branch of the United States Government, or an officer or unit of a department, agency, or instrumentality of the executive branch, related primarily to selecting, developing, testing, evaluating, establishing, operating, or maintaining a system, procedure, facility, or device for safe and efficient air navigation and air traffic control. In making a transfer, the President may transfer records and property and make officers and employees from the department, agency, instrumentality, or unit available to the Administrator.
  • 49 U.S.C. § 40107(b)
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    (b) If war occurs, the President by executive order may transfer to the Secretary of Defense a duty, power, activity, or facility of the Administrator. In making the transfer, the President may transfer records, property, officers, and employees of the Administration to the Department of Defense.
  • 49 U.S.C. § 40108(a)
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    (a) The Administrator of the Federal Aviation Administration may operate schools to train officers and employees of the Administration to carry out duties, powers, and activities of the Administrator.
  • 49 U.S.C. § 40108(b)
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    (b) The Administrator may authorize officers and employees of other departments, agencies, or instrumentalities of the United States Government, officers and employees of governments of foreign countries, and individuals from the aeronautics industry to attend those schools. However, if the attendance of any of those officers, employees, or individuals increases the cost of operating the schools, the Administrator may require the payment or transfer of amounts or other consideration to offset the additional cost. The amount received may be credited to the appropriation current when the expenditures are or were paid, the appropriation current when the amount is received, or both.
  • 49 U.S.C. § 40113(d)
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    (d) The Administrator of the Federal Aviation Administration may indemnify an officer or employee of the Federal Aviation 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.
  • 49 U.S.C. § 40116(f)(1)(A)
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    (A) “pay” means money received by an employee for services.
  • 49 U.S.C. § 40116(f)(1)(C)
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    (C) an employee is deemed to have earned 50 percent of the employee’s pay in a State or political subdivision of a State in which the scheduled flight time of the employee in the State or subdivision is more than 50 percent of the total scheduled flight time of the employee when employed during the calendar year.
  • 49 U.S.C. § 40116(f)(2)
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    (2) The pay of an employee of an air carrier having regularly assigned duties on aircraft in at least 2 States is subject to the income tax laws of only the following:
    (A) the State or political subdivision of the State that is the residence of the employee.
    (B) the State or political subdivision of the State in which the employee earns more than 50 percent of the pay received by the employee from the carrier.
  • 49 U.S.C. § 40116(f)(2)(A)
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    (A) the State or political subdivision of the State that is the residence of the employee.
  • 49 U.S.C. § 40116(f)(2)(B)
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    (B) the State or political subdivision of the State in which the employee earns more than 50 percent of the pay received by the employee from the carrier.
  • 49 U.S.C. § 40116(f)(3)
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    (3) Compensation paid by an air carrier to an employee described in subsection (a) in connection with such employee’s authorized leave or other authorized absence from regular duties on the carrier’s aircraft in order to perform services on behalf of the employee’s airline union shall be subject to the income tax laws of only the following:
    (A) The State or political subdivision of the State that is the residence of the employee.
    (B) The State or political subdivision of the State in which the employee’s scheduled flight time would have been more than 50 percent of the employee’s total scheduled flight time for the calendar year had the employee been engaged full time in the performance of regularly assigned duties on the carrier’s aircraft.
  • 49 U.S.C. § 40116(f)(3)(A)
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    (A) The State or political subdivision of the State that is the residence of the employee.
  • 49 U.S.C. § 40116(f)(3)(B)
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    (B) The State or political subdivision of the State in which the employee’s scheduled flight time would have been more than 50 percent of the employee’s total scheduled flight time for the calendar year had the employee been engaged full time in the performance of regularly assigned duties on the carrier’s aircraft.
  • 49 U.S.C. § 40118(c)(1)(A)
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    (A) such passenger is a member of the Armed Forces or civilian employee of the Department of Defense;
  • 49 U.S.C. § 40118(e)
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    (e) Notwithstanding subsections (a) and (d) of this section, any amount appropriated to the Secretary of State or the Administrator of the Agency for International Development may be used to pay for the transportation of an officer or employee of the Department of State or one of those agencies, a dependent of the officer or employee, and accompanying baggage, by a foreign air carrier when the transportation is between 2 places outside the United States.
  • 49 U.S.C. § 40122(a)(1)
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    (1) In developing and making changes to the personnel management system initially implemented by the Administrator of the Federal Aviation Administration on April 1, 1996, the Administrator shall negotiate with the exclusive bargaining representatives of employees of the Administration certified under section 7111 of title 5 and consult with other employees of the Administration.
  • 49 U.S.C. § 40122(a)(2)(A)
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    (A) If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative—
    (i) shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the FAA Modernization and Reform Act of 2012); or
    (ii) may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement.
  • 49 U.S.C. § 40122(a)(2)(C)(i)
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    (i) If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in controversy arising from the negotiation of a term collective-bargaining agreement, the Administrator and the exclusive bargaining representative of the employees (in this subparagraph referred to as the “parties”) shall submit their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members.
  • 49 U.S.C. § 40122(a)(3)
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    (3) Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(C), the final agreement, except for those matters decided by an arbitration board, shall be subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative, and the final agreement shall be subject to approval by the head of the agency in accordance with the provisions referred to in subsection (g)(2)(C).
  • 49 U.S.C. § 40122(a)(4)
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    (4) The Administration and the exclusive bargaining representatives of the employees shall use every reasonable effort to find cost savings and to increase productivity within each of the affected bargaining units.
  • 49 U.S.C. § 40122(a)(5)
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    (5) The Administration and the exclusive bargaining representatives of the employees shall meet annually for the purpose of finding additional cost savings within the Administration’s annual budget as it applies to each of the affected bargaining units and throughout the agency.
  • 49 U.S.C. § 40122(c)
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    (c) No officer or employee of the Administration may receive an annual rate of basic pay in excess of the annual rate of basic pay payable to the Administrator.
  • 49 U.S.C. § 40122(e)
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    (e) Until July 1, 1999, basic wages (including locality pay) and operational differential pay provided employees of the Administration shall not be involuntarily adversely affected by reason of the enactment of this section, except for unacceptable performance or by reason of a reduction in force or reorganization or by agreement between the Administration and the affected employees’ exclusive bargaining representative.
  • 49 U.S.C. § 40122(f)
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    (f) Except as otherwise provided by this title, all labor-management agreements covering employees of the Administration that are in effect on the effective date of the Air Traffic Management System Performance Improvement Act of 1996 shall remain in effect until their normal expiration date, unless the Administrator and the exclusive bargaining representative agree to the contrary.
  • 49 U.S.C. § 40122(g)(1)
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    (1) In consultation with the employees of the Administration and such non-governmental experts in personnel management systems as he may employ, and notwithstanding the provisions of title 5 and other Federal personnel laws, the Administrator shall develop and implement, not later than January 1, 1996, a personnel management system for the Administration that addresses the unique demands on the agency’s workforce. Such a new system shall, at a minimum, provide for greater flexibility in the hiring, training, compensation, and location of personnel.
  • 49 U.S.C. § 40122(g)(2)(I)(i)(IV)
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    (IV) the term “senior career employee” means a Federal Aviation Administration career senior professional;
  • 49 U.S.C. § 40122(g)(2)(I)(ii)
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    (ii) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and
  • 49 U.S.C. § 40122(g)(2)(I)(iii)
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    (iii) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and
  • 49 U.S.C. § 40122(g)(3)
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    (3) Under the new personnel management system developed and implemented under paragraph (1), an employee of the Administration may submit an appeal to the Merit Systems Protection Board and may seek judicial review of any resulting final orders or decisions of the Board from any action that was appealable to the Board under any law, rule, or regulation as of March 31, 1996. Notwithstanding any other provision of law, retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996.
  • 49 U.S.C. § 40122(g)(4)
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    (4) In order to verify that leave credited to an employee pursuant to paragraph (2)(J) is used for treating a service-connected disability, that employee shall, notwithstanding section 6329(c) of title 5, submit to the Assistant Administrator for Human Resource Management of the Federal Aviation Administration certification, in such form and manner as the Administrator of the Federal Aviation Administration may prescribe, that the employee used that leave for purposes of being furnished treatment for that disability by a health care provider.
  • 49 U.S.C. § 40122(g)(5)
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    (5) The Administrator shall implement a paid parental leave benefit for employees of the Administration that is, at a minimum, consistent with the paid parental leave benefits provided under section 6382 of title 5.
  • 49 U.S.C. § 40122(h)
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    (h) An employee of the Federal Aviation Administration who is the subject of a major adverse personnel action may contest the action either through any contractual grievance procedure that is applicable to the employee as a member of the collective bargaining unit or through the Administration’s internal process relating to review of major adverse personnel actions of the Administration, known as Guaranteed Fair Treatment, or under section 40122(g)(3).
  • 49 U.S.C. § 40122(i)
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    (i) Where a major adverse personnel action may be contested through more than one of the indicated forums (such as the contractual grievance procedure, the Federal Aviation Administration’s internal process, or that of the Merit Systems Protection Board), an employee must elect the forum through which the matter will be contested. Nothing in this section is intended to allow an employee to contest an action through more than one forum unless otherwise allowed by law.
  • 49 U.S.C. § 40130(b)
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    (b) The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in subsection (a).
  • 49 U.S.C. § 41113(b)(15)
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    (15) An assurance that the air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
  • 49 U.S.C. § 41313(c)(15)
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    (15) An assurance that the foreign air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
  • 49 U.S.C. § 41511(a)(1)
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    (1) a director, officer, or employee of the carrier (including a retired director, officer, or employee who is receiving retirement benefits from an air carrier or foreign air carrier).
  • 49 U.S.C. § 41511(a)(2)
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    (2) a parent or the immediate family of such an officer or employee or the immediate family of such a director.
  • 49 U.S.C. § 41511(a)(3)
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    (3) a widow, widower, or minor child of an employee of the carrier who died as a direct result of a personal injury sustained when performing a duty in the service of the carrier.
  • 49 U.S.C. § 41721(b)
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    (b) The Secretary shall work with air carriers to improve the training of employees with respect to the air transport of animals and the notification of passengers of the conditions under which the air transport of animals is conducted.
  • 49 U.S.C. § 41728(a)
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    (a) The Secretary of Transportation shall develop a document, to be known as the “Airline Passengers with Disabilities Bill of Rights”, using plain language to describe the basic protections and responsibilities of covered air carriers,1 their employees and contractors, and people with disabilities under section 41705.
  • 49 U.S.C. § 41728(f)
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    (f) Covered air carriers and contractors of covered air carriers shall submit to the Secretary of Transportation plans that ensure that employees of covered air carriers and their contractors receive training on the protections and responsibilities described in the Airline Passengers with Disabilities Bill of Rights. The Secretary shall review such plans to ensure the plans address the matters described in subsection (b).
  • 49 U.S.C. § 41742(a)(3)
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    (3) In addition to amounts authorized under paragraphs (1) and (2), there are authorized to be appropriated such sums as may be necessary for the Secretary of Transportation to hire and employ 4 additional employees for the office responsible for carrying out the essential air service program.
  • 49 U.S.C. § 41743(f)
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    (f) The Secretary shall designate an employee of the Department of Transportation—
    (1) to function as a facilitator between small communities and air carriers;
    (2) to carry out this section;
    (3) to ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small communities;
    (4) to work with and coordinate efforts with other Federal, State, and local agencies to increase the viability of service to small communities; and
    (5) to provide policy recommendations to the Secretary and Congress that will ensure that small communities have access to quality, affordable air transportation services.
  • 49 U.S.C. § 42111(3)
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    (3) on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor Act (45 U.S.C. 151 et seq.).
  • 49 U.S.C. § 42112(a)(1)
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    (1) “copilot” means an employee whose duties include assisting or relieving the pilot in manipulating an aircraft and who is qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a copilot.
  • 49 U.S.C. § 42112(a)(2)
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    (2) “pilot” means an employee who is—
    (A) responsible for manipulating or who manipulates the flight controls of an aircraft when under way, including the landing and takeoff of an aircraft; and
    (B) qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a pilot.
  • 49 U.S.C. § 42112(a)(2)(B)
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    (B) qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a pilot.
  • 49 U.S.C. § 42121(a)
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    (a) A holder of a certificate under section 44704 or 44705 of this title, or a contractor, subcontractor, or supplier of such holder, may not discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)—
    (1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the employer or Federal Government information relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to aviation safety under this subtitle or any other law of the United States;
    (2) has filed, caused to be filed, or is about to file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to aviation safety under this subtitle or any other law of the United States;
    (3) testified or is about to testify in such a proceeding; or
    (4) assisted or participated or is about to assist or participate in such a proceeding.
  • 49 U.S.C. § 42121(d)
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    (d) Subsection (a) shall not apply with respect to an employee of a holder of a certificate issued under section 44704 or 44705, or a contractor or subcontractor thereof, who, acting without direction from such certificate-holder, contractor, or subcontractor (or such person’s agent), deliberately causes a violation of any requirement relating to aviation safety under this subtitle or any other law of the United States.
  • 49 U.S.C. § 44309(a)(2)
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    (2) A civil action involving the same matter (except the action authorized by this subsection) may not be brought against an agent, officer, or employee of the Government carrying out this chapter. A civil action shall not be instituted against the United States under this chapter unless the claimant first presents the claim to the Secretary of Transportation and such claim is finally denied by the Secretary in writing and notice of the denial of such claim is sent by certified or registered mail.
  • 49 U.S.C. § 44508(b)(1)
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    (1) The committee is composed of not more than 30 members appointed by the Administrator from among individuals who are not employees of the Administration and who are specially qualified to serve on the committee because of their education, training, or experience. In appointing members of the committee, the Administrator shall ensure that the regional centers of air transportation excellence, universities, corporations, associations, consumers, and other departments, agencies, and instrumentalities of the United States Government are represented.
  • 49 U.S.C. § 44519(b)(4)
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    (4) account for gaps in knowledge and skills (as identified by the Administrator in consultation with the exclusive bargaining representatives certified under section 7111 of title 5, United States Code) between Administration employees and private-sector employees for each group of Administration employees covered under this section.
  • 49 U.S.C. § 44701(a)(2)(C)
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    (C) a qualified private person, instead of an officer or employee of the Administration, to examine and report on the inspecting, servicing, and overhauling;
  • 49 U.S.C. § 44701(a)(4)
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    (4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers; and
  • 49 U.S.C. § 44702(d)(1)
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    (1) Subject to regulations, supervision, and review the Administrator may prescribe, the Administrator may delegate to a qualified private person, or to an employee under the supervision of that person, a matter related to—
    (A) the examination, testing, and inspection necessary to issue a certificate under this chapter; and
    (B) issuing the certificate.
  • 49 U.S.C. § 44703(j)(1)(D)
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    (D) an agent or employee of a person described in subparagraph (A) or (B);
  • 49 U.S.C. § 44704(g)(1)(B)(iv)
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    (iv) initial review by appropriate Administration employees of any appeal described in subparagraph (A)(ii); and
  • 49 U.S.C. § 44704(g)(3)(A)(i)
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    (i) an employee of the Administration whose responsibilities relate to the certification of aircraft, engines, propellers, or appliances; or
  • 49 U.S.C. § 44711(d)(1)(A)(ii)
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    (ii) an employee of the Administration with responsibility for certification functions with respect to a holder of a certificate issued under section 44704(a); and
  • 49 U.S.C. § 44711(d)(2)
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    (2) For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as an individual covered under paragraph (1).
  • 49 U.S.C. § 44733(d)(2)
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    (2) Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate a proposed rule requiring that all part 145 repair station employees responsible for safety-sensitive maintenance functions on part 121 air carrier aircraft are subject to an alcohol and controlled substances testing program determined acceptable by the Administrator and consistent with the applicable laws of the country in which the repair station is located.
  • 49 U.S.C. § 44741(a)(1)(A)
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    (A) an employee, a contractor, or a consultant of the ODA holder; or
  • 49 U.S.C. § 44741(a)(1)(B)
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    (B) the employee of a supplier of the ODA holder; and
  • 49 U.S.C. § 44741(c)(1)
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    (1) The Administrator shall issue minimum qualifications for an individual to become an ODA unit member under this section. In issuing such qualifications, the Administrator shall consider existing qualifications for Administration employees with similar duties and whether such individual—
    (A) is technically proficient and qualified to perform the authorized functions sought;
    (B) has no recent record of serious enforcement action, as determined by the Administrator, taken by the Administrator with respect to any certificate, approval, or authorization held by such individual;
    (C) is of good moral character (as such qualification is applied to an applicant for an airline transport pilot certificate issued under section 44703);
    (D) possesses the knowledge of applicable design or production requirements in this chapter and in title 14, Code of Federal Regulations, necessary for performance of the authorized functions sought;
    (E) possesses a high degree of knowledge of applicable design or production principles, system safety principles, or safety risk management processes appropriate for the authorized functions sought; and
    (F) meets such testing, examination, training, or other qualification standards as the Administrator determines are necessary to ensure the individual is competent and capable of performing the authorized functions sought.
  • 49 U.S.C. § 44742(b)(1)
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    (1) It shall be unlawful for any individual who is a supervisory employee of an ODA holder that manufactures a transport category airplane to commit an act of interference with an ODA unit member’s performance of authorized functions.
  • 49 U.S.C. § 44805(a)(4)
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    (4) certifying a manufacturer of small unmanned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the consensus safety standards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the requirements of paragraph (1).
  • 49 U.S.C. § 44901(a)
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    (a) The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. In the case of flights and flight segments originating in the United States, the screening shall take place before boarding and shall be carried out by a Federal Government employee (as defined in section 2105 of title 5), except as otherwise provided in section 44920 and except for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs.
  • 49 U.S.C. § 44903(b)(3)(B)
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    (B) courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out this section; and
  • 49 U.S.C. § 44903(c)(2)(B)
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    (B) If the Administrator approves a program or amendment described in subparagraph (A) of this paragraph, the airport operator may not be found to be in violation of a requirement of this subsection or subsection (b) of this section when the airport operator demonstrates that the tenant or an employee, permittee, or invitee of the tenant is responsible for the violation and that the airport operator has complied with all measures in its security program for securing compliance with its security program by the tenant.
  • 49 U.S.C. § 44903(g)(1)(A)
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    (A) The Administrator shall publish in the Federal Register a list of sanctions for use as guidelines in the discipline of employees for infractions of airport access control requirements. The guidelines shall incorporate a progressive disciplinary approach that relates proposed sanctions to the severity or recurring nature of the infraction and shall include measures such as remedial training, suspension from security-related duties, suspension from all duties without pay, and termination of employment.
  • 49 U.S.C. § 44903(g)(1)(B)
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    (B) Each airport operator, air carrier, and security screening company shall include the list of sanctions published by the Administrator in its security program. The security program shall include a process for taking prompt disciplinary action against an employee who commits an infraction of airport access control requirements.
  • 49 U.S.C. § 44903(g)(2)(B)
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    (B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform;
  • 49 U.S.C. § 44903(g)(2)(C)
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    (C) require airport operators and air carriers to develop and implement programs that foster and reward compliance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the Administrator to measure employee compliance;
  • 49 U.S.C. § 44903(h)(4)(E)
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    (E) shall issue guidance for the use of biometric or other technology that positively verifies the identity of each employee and law enforcement officer who enters a secure area of an airport.
  • 49 U.S.C. § 44918(a)(6)
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    (6) The Administrator of the Transportation Security Administration, in consultation with the Administrator and the Federal Air Marshal Service, shall monitor air carrier training programs under this subsection and shall periodically review an air carrier’s training program to ensure that the program is adequately preparing crew members for potential threat conditions based on changes in the potential or actual threat conditions. In determining when an air carrier’s training program should be reviewed under this paragraph, the Administrator of the Transportation Security Administration shall consider complaints from crew members. The Administrator of the Transportation Security Administration shall ensure that employees responsible for monitoring the training programs have the necessary resources and knowledge, including self-defense training expertise and experience.
  • 49 U.S.C. § 44920(e)(2)
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    (2) undertake covert testing and remedial training support for employees of private screening companies providing screening at airports.
  • 49 U.S.C. § 44920(g)(2)(A)
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    (A) a qualified private screening company or any of its employees in any case in which the qualified private screening company is acting under a contract entered into with the Secretary of Homeland Security or the Secretary’s designee; or
  • 49 U.S.C. § 44920(g)(2)(B)
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    (B) employees of the Federal Government providing passenger and property security screening services at the airport.
  • 49 U.S.C. § 44920(g)(3)
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    (3) Nothing in this section shall relieve any airport operator from liability for its own acts or omissions related to its security responsibilities, nor except as may be provided by the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 shall it relieve any qualified private screening company or its employees from any liability related to its own acts of negligence, gross negligence, or intentional wrongdoing.
  • 49 U.S.C. § 44921(h)(3)
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    (3) For purposes of an action against the United States with respect to an act or omission of a Federal flight deck officer in defending the flight deck of an aircraft, the officer shall be treated as an employee of the Federal Government under chapter 171 of title 28, relating to tort claims procedure.
  • 49 U.S.C. § 44922(e)
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    (e) 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.
  • 49 U.S.C. § 44926(b)(4)(A)
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    (A) require that Federal employees of the Department handling personally identifiable information of passengers (in this paragraph referred to as “PII”) complete mandatory privacy and security training prior to being authorized to handle PII;
  • 49 U.S.C. § 44926(b)(4)(E)
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    (E) ensure that any employee of the Department receiving the data contained within the records handles the information in accordance with the section 552a of title 5, United States Code, and the Federal Information Security Management Act of 2002 (Public Law 107–296);
  • 49 U.S.C. § 44927(d)
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    (d) The Administrator of the Transportation Security Administration shall integrate training on the protocols established under subsection (c) into the training provided to all employees who will regularly provide the passenger screening services described in subsection (a).
  • 49 U.S.C. § 44932(b)
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    (b) 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.
  • 49 U.S.C. § 44935(a)(1)
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    (1) minimum training requirements for new employees;
  • 49 U.S.C. § 44935(a)(5)
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    (5) minimum education levels for employees, when appropriate.
  • 49 U.S.C. § 44939(i)
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    (i) The Secretary shall require flight schools to conduct a security awareness program for flight school employees to increase their awareness of suspicious circumstances and activities of individuals enrolling in or attending flight school.
  • 49 U.S.C. § 44941(a)
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    (a) 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.
  • 49 U.S.C. § 44943(a)
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    (a) The Administrator of the Transportation Security Administration 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.
  • 49 U.S.C. § 44943(b)(2)
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    (2) Each year, the Administrator of the Transportation Security Administration and each senior manager who reports to the Administrator 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 Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those employees.
  • 49 U.S.C. § 44946(c)(1)(C)
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    (C) The membership of the Advisory Committee shall include representatives of air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, labor organizations representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors, labor organizations representing employees of airport construction and maintenance contractors, general aviation, privacy organizations, the travel industry, airport-based businesses (including minority-owned small businesses), businesses that conduct security screening operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry (including screening technology and biometrics), victims of terrorist acts against aviation, and law enforcement and security experts.
  • 49 U.S.C. § 45102(a)(1)
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    (1) In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit air carriers and foreign air carriers to conduct preemployment testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol.
  • 49 U.S.C. § 45102(a)(2)
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    (2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of airmen, crewmembers, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions for the use of alcohol or a controlled substance in violation of law or a Government regulation.
  • 49 U.S.C. § 45102(b)(1)
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    (1) The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of a controlled substance in violation of law or a United States Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions and shall establish a program of reasonable suspicion, random, and post-accident testing for the use of alcohol in violation of law or a United States Government regulation for such employees. The Administrator may establish a program of preemployment testing for the use of alcohol for such employees.
  • 49 U.S.C. § 45102(b)(2)
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    (2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of employees of the Administration responsible for safety-sensitive functions for use of alcohol or a controlled substance in violation of law or a Government regulation.
  • 49 U.S.C. § 45103(a)
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    (a) 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.
  • 49 U.S.C. § 45103(b)
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    (b) 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.
  • 49 U.S.C. § 45103(c)
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    (c) 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.
  • 49 U.S.C. § 45104(7)
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    (7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this chapter; and
  • 49 U.S.C. § 45104(8)
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    (8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
  • 49 U.S.C. § 45105(a)
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    (a) 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.
  • 49 U.S.C. § 45105(b)
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    (b) 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.
  • 49 U.S.C. § 45106(c)
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    (c) 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.
  • 49 U.S.C. § 45107(b)
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    (b) 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.
  • 49 U.S.C. § 46102(d)
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    (d) The Secretary, the Administrator of the Transportation Security Administration, the Administrator of the Federal Aviation Administration, or an officer or employee of the Federal Aviation Administration may not participate in a proceeding referred to in subsection (a) of this section in which the individual has a pecuniary interest.
  • 49 U.S.C. § 46104(e)
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    (e) When designated by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, an employee appointed under section 3105 of title 5 may conduct a hearing, subpoena witnesses, administer oaths, examine witnesses, and receive evidence at a place in the United States the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration designates. On request of a party, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall hear or receive argument.
  • 49 U.S.C. § 46111(d)
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    (d) An appeal from a decision of an administrative law judge as the result of a hearing under subsection (b) shall be made to the Transportation Security Oversight Board established by section 115. The Board shall establish a panel to review the decision. The members of this panel (1) shall not be employees of the Transportation Security Administration, (2) shall have the level of security clearance needed to review the determination made under this section, and (3) shall be given access to all relevant documents that support that determination. The panel may affirm, modify, or reverse the decision.
  • 49 U.S.C. § 46301(a)(6)
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    (6) Notwithstanding paragraph (1), any employer (other than a governmental entity or airport operator) who employs an employee to whom an airport security badge or other identifier used to obtain access to a secure area of an airport is issued before, on, or after the date of enactment of this paragraph and who does not collect or make reasonable efforts to collect such badge from the employee on the date that the employment of the employee is terminated and does not notify the operator of the airport of such termination within 24 hours of the date of such termination shall be liable to the Government for a civil penalty not to exceed $10,000.
  • 49 U.S.C. § 46301(h)(1)(B)
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    (B) a civilian employee of the Department of Defense subject to the Uniform Code of Military Justice.
  • 49 U.S.C. § 46303(c)(1)
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    (1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Government, authorized to carry arms in an official capacity; or
  • 49 U.S.C. § 46309(a)
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    (a) An air carrier, foreign air carrier, ticket agent, or officer, agent, or employee of an air carrier, foreign air carrier, or ticket agent shall be fined under title 18 if the air carrier, foreign air carrier, ticket agent, officer, agent, or employee—
    (1) knowingly and willfully offers, grants, or gives, or causes to be offered, granted, or given, a rebate or other concession in violation of this part; or
    (2) by any means knowingly and willfully assists, or willingly allows, a person to obtain transportation or services subject to this part at less than the price lawfully in effect.
  • 49 U.S.C. § 46310(a)
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    (a) An air carrier or an officer, agent, or employee of an air carrier shall be fined under title 18 for intentionally—
    (1) failing to make a report or keep a record under this part;
    (2) falsifying, mutilating, or altering a report or record under this part; or
    (3) filing a false report or record under this part.
  • 49 U.S.C. § 46310(b)
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    (b) An air carrier or an officer, agent, or employee of an air carrier shall be fined under title 18, imprisoned for not more than 5 years, or both, for intentionally falsifying or concealing a material fact, or inducing reliance on a false statement of material fact, in a report or record under section 44701(a) or (b) or any of sections 44702–44716 of this title.
  • 49 U.S.C. § 46311(a)
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    (a) The Secretary of Transportation, 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 of the Federal Aviation Administration, or an officer or employee of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall be fined under title 18, imprisoned for not more than 2 years, or both, if the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee knowingly and willfully discloses information that—
    (1) the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee acquires when inspecting the records of an air carrier; or
    (2) is withheld from public disclosure under section 40115 of this title.
  • 49 U.S.C. § 46311(a)(1)
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    (1) the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee acquires when inspecting the records of an air carrier; or
  • 49 U.S.C. § 46311(b)(1)
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    (1) the officer or employee is directed by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to disclose information that the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration had ordered withheld; or
  • 49 U.S.C. § 46311(b)(2)
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    (2) the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee is directed by a court of competent jurisdiction to disclose the information.
  • 49 U.S.C. § 46503(a)
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    (a) An individual in an area within a commercial service airport in the United States who, by assaulting a Federal, airport, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be fined under title 18, imprisoned for not more than 10 years, or both. If the individual used a dangerous weapon in committing the assault or interference, the individual may be imprisoned for any term of years or life imprisonment.
  • 49 U.S.C. § 46503(b)
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    (b) For purposes of this section, an airport or air carrier employee who has security duties within the airport includes an airport or air carrier employee performing ticketing, check-in, baggage claim, or boarding functions.
  • 49 U.S.C. § 46505(d)(1)
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    (1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States Government, authorized to carry arms in an official capacity;
  • 49 U.S.C. § 47102(3)(L)(ii)
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    (ii) used exclusively to transport passengers and employees between the airport and the airport’s consolidated rental car facility or an intermodal surface transportation facility adjacent to the airport.
  • 49 U.S.C. § 47124(a)
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    (a) The Secretary of Transportation shall ensure that an agreement under this subchapter with a qualified entity (as determined by the Secretary), State, or a political subdivision of a State to allow the entity, State, or subdivision to operate an airport facility relieves the United States Government from any liability arising out of, or related to, acts or omissions of employees of the entity, State, or subdivision in operating the airport facility.
  • 49 U.S.C. § 47124a(a)(5)
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    (5) The term “covered flight record” means any air traffic data (as defined in section 2(b)(4)(B) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note)), created, maintained, or controlled by any program of the Administration, including any program of the Administration carried out by employees or contractors of the Administration, such as contract towers, flight service stations, and controller training programs.
  • 49 U.S.C. § 47126
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    A person (including an officer, agent, or employee of the United States Government or a public agency) shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person, with intent to defraud the Government, knowingly makes—
  • 49 U.S.C. § 47134(c)(9)
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    (9) Any collective bargaining agreement that covers employees of the airport and is in effect on the date of the sale or lease of the airport will not be abrogated by the sale or lease.
  • 49 U.S.C. § 47136(b)(2)
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    (2) used exclusively to transport passengers and employees between the airport and—
    (A) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
    (B) an intermodal surface transportation facility adjacent to the airport.
  • 49 U.S.C. § 47136(j)(1)(B)
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    (B) used exclusively to transport passengers and employees between the airport and—
    (i) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
    (ii) an intermodal surface transportation facility adjacent to the airport.
  • 49 U.S.C. § 47140(a)(1)(A)(i)(V)
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    (V) vehicles and equipment used to transport passengers and employees between the airport and—
    (aa) nearby facilities owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
    (bb) an intermodal surface transportation facility adjacent to the airport; and
  • 49 U.S.C. § 47171(m)(1)(C)(iv)(II)(bb)
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    (bb) seek to resolve issues or disputes at the earliest possible time at the project level through agency employees who have day-to-day involvement in the project.
  • 49 U.S.C. § 49101(6)
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    (6) any change in status of the 2 airports must take into account the interest of nearby communities, the traveling public, air carriers, general aviation, airport employees, and other interested groups, as well as the interests of the United States Government and State governments involved;
  • 49 U.S.C. § 49104(a)(6)(A)
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    (A) Except as specified in subparagraph (B) of this paragraph, the Airports Authority shall assume all rights, liabilities, and obligations of the Metropolitan Washington Airports on June 7, 1987, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, and litigation related to those rights and obligations, regardless whether judgment has been entered, damages awarded, or appeal taken. The Airports Authority must cooperate in allowing representatives of the Attorney General and the Secretary adequate access to employees and records when needed for the performance of duties and powers related to the period before June 7, 1987. The Airports Authority shall assume responsibility for the Federal Aviation Administration’s Master Plans for the Metropolitan Washington Airports.
  • 49 U.S.C. § 49104(a)(6)(C)
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    (C) The Administration is responsible for reimbursing the Employees’ Compensation Fund, as provided in section 8147 of title 5, for compensation paid or payable after June 7, 1987, in accordance with chapter 81 of title 5 for any injury, disability, or death due to events arising before June 7, 1987, whether or not a claim was filed or was final on that date.
  • 49 U.S.C. § 49104(a)(6)(D)
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    (D) The Airports Authority shall continue all collective bargaining rights enjoyed by employees of the Metropolitan Washington Airports before June 7, 1987.
  • 49 U.S.C. § 49104(a)(8)
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    (8) The Airports Authority shall develop a code of ethics and financial disclosure to ensure the integrity of all decisions made by its board of directors and employees. The code shall include standards by which members of the board will decide, for purposes of section 49106(d) of this title, what constitutes a substantial financial interest and the circumstances under which an exception to the conflict of interest prohibition may be granted.
  • 49 U.S.C. § 49104(c)
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    (c) The district courts of the United States have jurisdiction to compel the Airports Authority and its officers and employees to comply with the terms of the lease. The Attorney General or an aggrieved party may bring an action on behalf of the Government.
  • 49 U.S.C. § 49106(b)(1)(F)
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    (F) to make and maintain agreements with employee organizations to the extent that the Federal Aviation Administration was authorized to do so on October 18, 1986.
  • 49 U.S.C. § 49107(a)(2)
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    (2) Employee protection arrangements made under this section shall ensure, during the 50-year lease term, the continuation of all collective bargaining rights enjoyed by transferred employees retained by the Airports Authority.
  • 49 U.S.C. § 49107(b)
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    (b) Any Federal employee who transferred to the Airports Authority and who on June 6, 1987, was subject to subchapter III of chapter 83 or chapter 84 of title 5, is subject to subchapter III of chapter 83 or chapter 84 for so long as continually employed by the Airports Authority without a break in service. For purposes of subchapter III of chapter 83 and chapter 84, employment by the Airports Authority without a break in continuity of service is deemed to be employment by the United States Government. The Airports Authority is the employing agency for purposes of subchapter III of chapter 83 and chapter 84 and shall contribute to the Civil Service Retirement and Disability Fund amounts required by subchapter III of chapter 83 and chapter 84.
  • 49 U.S.C. § 49107(c)
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    (c) The Airports Authority shall allow representatives of the Secretary of Transportation adequate access to employees and employee records of the Airports Authority when needed to carry out a duty or power related to the period before June 7, 1987. The Secretary shall provide the Airports Authority access to employee records of transferring employees for appropriate purposes.
  • 49 U.S.C. § 49110
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    The Metropolitan Washington Airports Authority shall continue in effect and enforce section 4.2(1) and (2) of the Metropolitan Washington Airports Regulations, as in effect on February 1, 1995. The district courts of the United States have jurisdiction to compel the Airports Authority and its officers and employees to comply with this section. The Attorney General or an aggrieved party may bring an action on behalf of the United States Government.

Citations to §49103(3)

Citations to §49103(4)

Citations to §49103(5)