Title 49, TransportationRelease 119-110
§45107 Transportation Security Administration
Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart iii — safety › CHAPTER 451 — ALCOHOL AND CONTROLLED SUBSTANCES TESTING › § 45107
Summary
Control of testing programs for airport security screeners moves from the FAA head to the TSA head. The rules must make employers test those screeners, not airlines or foreign airlines. Rules that applied to FAA workers with safety‑sensitive jobs also apply to TSA workers with security‑sensitive jobs.
Full Legal Text
Title 49, §45107
Transportation, Source: USLM XML via OLRC
(a)Transfer of Functions Relating to Testing Programs With Respect to Airport Security Screening Personnel.—
The authority of the Administrator of the Federal Aviation Administration under this chapter with respect to programs relating to testing of airport security screening personnel are transferred to the Administrator of the Transportation Security Administration. Notwithstanding section 45102(a), the regulations prescribed under section 45102(a) shall require testing of such personnel by their employers instead of by air carriers and foreign air carriers.
(b)Applicability of Chapter With Respect to Employees of Administration.—
The provisions of this chapter that apply with respect to employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions shall apply with respect to employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2018—Subsec. (a). Pub. L. 115–254, § 1991(e)(1), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security”. Subsec. (b). Pub. L. 115–254, § 1991(e)(2), struck out at end “The Under Secretary of Transportation for Security, the Transportation Security Administration, and employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions shall be subject to and comply with such provisions in the same manner and to the same extent as the Administrator of the Federal Aviation Administration, the Federal Aviation Administration, and employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions, respectively.”
Reference
Citations & Metadata
Citation
49 U.S.C. § 45107
Title 49, Transportation
Last Updated
Sep 22, 2026
Release point: 119-110