49 U.S.C. § 44904

Domestic air transportation system security

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 49 CasesGoogle Scholar

(a)Assessing Threats.—The Administrator of the Transportation Security Administration and the Director of the Federal Bureau of Investigation jointly shall assess current and potential threats to the domestic air transportation system. The assessment shall include consideration of the extent to which there are individuals with the capability and intent to carry out terrorist or related unlawful acts against that system and the ways in which those individuals might carry out those acts. The Administrator of the Transportation Security Administration and the Director jointly shall decide on and carry out the most effective method for continuous analysis and monitoring of security threats to that system.(b)Assessing Security.—In coordination with the Director, the Administrator of the Transportation Security Administration shall carry out periodic threat and vulnerability assessments on security at each airport that is part of the domestic air transportation system. Each assessment shall include consideration of—(1) the adequacy of security procedures related to the handling and transportation of checked baggage and cargo;(2) space requirements for security personnel and equipment;(3) separation of screened and unscreened passengers, baggage, and cargo;(4) separation of the controlled and uncontrolled areas of airport facilities; and(5) coordination of the activities of security personnel of the Transportation Security Administration, the United States Customs Service, the Immigration and Naturalization Service, and air carriers, and of other law enforcement personnel.(c)Modal Security Plan for Aviation.—In addition to the requirements set forth in subparagraphs (B) through (F) of section 114(s)(3), the modal security plan for aviation prepared under section 114(s) shall—(1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and(2) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat.(d)Operational Criteria.—The Administrator of the Transportation Security Administration shall issue operational criteria to protect airport infrastructure and operations against the threats identified in the plans prepared under section 114(s)(1) and shall approve best practices guidelines for airport assets.(e)Improving Security.—The Administrator of the Transportation Security Administration shall take necessary actions to improve domestic air transportation security by correcting any deficiencies in that security discovered in the assessments, analyses, and monitoring carried out under this section.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, § 101(f)(1), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 108–458, title IV, § 4001(b), Dec. 17, 2004, 118 Stat. 3712; Pub. L. 115–254, div. K, title I, § 1991(d)(4), Oct. 5, 2018, 132 Stat. 3632.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44904(a)	49 App.:1357 (note).	Nov. 16, 1990, Pub. L. 101–604, § 106(a), (b), 104 Stat. 3075.
44904(b)	49 App.:1357 (note).	Nov. 16, 1990, Pub. L. 101–604, § 106(c), 104 Stat. 3075.
44904(c)	49 App.:1357 (note).	Nov. 16, 1990, Pub. L. 101–604, § 106(e), 104 Stat. 3075.

In subsection (a), the words “domestic air transportation system” are substituted for “domestic aviation system” for consistency in this section.

In subsection (b), before clause (1), the word “Director” is substituted for “Federal Bureau of Investigation” because of 28:532. In clauses (1) and (3), the word “mail” is omitted as being included in “cargo”.

In subsection (c), the word “correcting” is substituted for “remedying” for clarity.

Editorial NotesAmendments

2018—Pub. L. 115–254, § 1991(d)(4)(D), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing.

Subsec. (a). Pub. L. 115–254, § 1991(d)(4)(A), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security” in first sentence.

Subsec. (c). Pub. L. 115–254, § 1991(d)(4)(B), substituted “section 114(s)(3)” for “section 114(t)(3)” and “section 114(s)” for “section 114(t)” in introductory provisions.

Subsec. (d). Pub. L. 115–254, § 1991(d)(4)(C), substituted “The Administrator of the Transportation Security Administration” for “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 “section 114(s)(1)” for “section 114(t)(1)”.

2004—Subsecs. (c) to (e). Pub. L. 108–458 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

2001—Subsec. (a). Pub. L. 107–71, § 101(f)(7), (9), substituted “Under Secretary” for “Administrator” in two places and “of Transportation for Security” for “of the Federal Aviation Administration”.

Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions.

Subsec. (b)(5). Pub. L. 107–71, § 101(f)(1), substituted “the Transportation Security Administration” for “the Administration”.

Subsec. (c). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator”.

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

Regular Joint Threat Assessments

Pub. L. 104–264, title III, § 310, Oct. 9, 1996, 110 Stat. 3253, which related to joint threat and vulnerability assessments on security at each airport determined to be high risk, was repealed by Pub. L. 118–63, title II, § 218(g), May 16, 2024, 138 Stat. 1056.

Notes of Decisions

Cited in 10 cases (4 in the last 5 years), 2014–2025 · leading case: Jonathan Corbett v. Transp. Sec. Admin., 767 F.3d 1171 (11th Cir. 2014).

Sort: Relevance Newest Treatment

Jonathan Corbett v. Transp. Sec. Admin., 767 F.3d 1171 (11th Cir. 2014). · cites it 2× “” 49 U.S.C. § 44904 (a), (e); see also id. § 44901.”

Kovac v. Wray, 363 F. Supp. 3d 721 (N.D. Tex. 2019). “" 49 U.S.C. § 44904 (a). Congress directed the TSA to "share .”

Mohamed v. Holder, 266 F. Supp. 3d 868 (E.D. Va. 2017). “” 49 U.S.C. § 44904 (a). Congress directed TSA to “share .”

Kovac v. Wray, 109 F.4th 331 (5th Cir. 2024). “49 U.S.C. § 44904 (a). Thus, the statutory authority for TSA to collect, share, and screen identifying information about airline passengers, and to use that information to prevent certain passengers from boarding or to conduct enhanced screen- ing, is clear.”

Mocek v. City of Albuquerque, 3 F. Supp. 3d 1002 (D.N.M. 2014). “49 U.S.C. § 44904 (a). The AAPD officers were not required to rule out the possibility that Mocek was engaged in innocent recording to have reasonable suspicion that his filming of the TSA agents, which drew them away from their duties, was done with an ulterior motive to secure…”

Kovac v. Wray (N.D. Tex. 2023). · cites it 4× “54 49 U.S.C. § 44904 (a). 55 Id. 56 The list of Congressional commands authorizing a watchlist could go on.”

Salloum v. Kable (E.D. Mich. 2020). · cites it 2× “In 49 U.S.C. § 44904 , Congress authorized TSA and the FBI to jointly “assess current and potential threats to the domestic air transportation system.”

Kovac v. Wray (5th Cir. 2024). “49 U.S.C. § 44904 (a). Thus, the statutory authority for TSA to collect, share, and screen identifying information about airline passengers, and to use that information to prevent certain passengers from boarding or to conduct enhanced screen- ing, is clear.”

Abu Irshaid v. Garland (E.D. Va. 2025). “” 49 U.S.C. §§ 44904 (a); 114(h)(3). Defendants further highlight statutes relating to the collection of intelligence, sharing of relevant information within the federal government, and screening individuals against the TSC’s watchlist.”

Jonathan Corbett v. Transp. Sec. Admin. (11th Cir. 2014). “” 49 U.S.C. § 44904 (a), (e); see also id. § 44901.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.