M. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION CONTENTS Page 1. Aviation Security a. 49 United States Code-Aviation Security (partial text) b. Aviation Security Improvement Act of 1990 (Public Law 101-604) c. International Security and Development Act of 1985-International 2. International Cooperation in Scientific Research 597 597 623 630 632 a. National Science Foundation Act of 1950, as amended (Public Law 632 b. National Aeronautics and Space Act of 1958 (Public Law 85-568) 633 c. National Aeronautics and Space Administration Authorization Act, 635 d. National Aeronautics and Space Administration Authorization Act, 641 643 649 652 h. Cooperative East-West Ventures in Space (Public Law 98-562) 653 i. National Space Council-Authorization (Public Law 101-328) j. FREEDOM Support Act (Public Law 101-339) (partial text) k. National Space Council (Executive Order 12675) 1. National Science and Technology Council (Executive Order 12881) a. Arctic Research and Policy Act of 1984 (title I of Public Law 98- 664 b. Arctic Research Commission (Executive Order 12501) 673 1. Aviation Security a. 49 United States Code NOTE.-Public Law 103-272 (108 Stat. 745) repealed several Public Laws relating to transportation, aviation and airport security, and consolidated their substance into 49 U.S.C. § 40105. International negotiations, agreements, and obligations (a) ADVICE AND CONSULTATION.-The Secretary of State shall advise the Administrator of the Federal Aviation Administration and the Secretaries of Transportation and Commerce, and consult with them as appropriate, about negotiations for an agreement with a government of a foreign country to establish or develop air navigation, including air routes and services. The Secretary of Transportation shall consult with the Secretary of State in carrying out this part to the extent this part is related to foreign air transportation. (b) ACTIONS OF SECRETARY AND ADMINISTRATOR.—(1) In carrying out this part, the Secretary of Transportation and the Adminis trator (A) shall act consistently with obligations of the United States Government under an international agreement; (B) shall consider applicable laws and requirements of a foreign country; and (C) may not limit compliance by an air carrier with obligations or liabilities imposed by the government of a foreign country when the Secretary takes any action related to a certificate of public convenience and necessity issued under chapter 411 of this title. (2) This subsection does not apply to an agreement between an air carrier or an officer or representative of an air carrier and the government of a foreign country, if the Secretary of Transportation disapproves the agreement because it is not in the public interest. Section 40106(b)(2) of this title applies to this subsection. (c) CONSULTATION ON INTERNATIONAL AIR TRANSPORTATION POLICY. In carrying out section 40101(e) of this title, the Secretaries of State and Transportation, to the maximum extent practicable, shall consult on broad policy goals and individual negotiations with (1) the Secretaries of Commerce and Defense; (2) airport operators; (3) scheduled air carriers; (4) charter air carriers; (5) airline labor; (6) consumer interest groups; (7) travel agents and tour organizers; and (8) other groups, institutions, and governmental authorities affected by international aviation policy. (d) CONGRESSIONAL OBSERVERS AT INTERNATIONAL AVIATION NEGOTIATIONS.-The President shall grant to at least one representative of each House of Congress the privilege of attending international aviation negotiations as an observer if the privilege is requested in advance in writing. § 40106. Emergency powers (a) DEVIATIONS FROM REGULATIONS.-Appropriate military authority may authorize aircraft of the armed forces of the United States to deviate from air traffic regulations prescribed under section 40103(b)(1) and (2) of this title when the authority decides the deviation is essential to the national defense because of a military emergency or urgent military necessity. The authority shall— (1) give the Administrator of the Federal Aviation Administration prior notice of the deviation at the earliest practicable time; and (2) to the extent time and circumstances allow, make every reasonable effort to consult with the Administrator and arrange for the deviation in advance on a mutually agreeable basis. (b) SUSPENSION OF AUTHORITY.-(1) When the President decides that the government of a foreign country is acting inconsistently with the Convention for the Suppression of Unlawful Seizure of Aircraft or that the government of a foreign country allows territory under its jurisdiction to be used as a base of operations or training of, or as a sanctuary for, or arms, aids, or abets, a terrorist organization that knowingly uses the unlawful seizure, or the threat of an unlawful seizure, of an aircraft as an instrument of policy, the President may suspend the authority of— (A) an air carrier or foreign air carrier to provide foreign air transportation to an from that foreign country; (B) a person to operate aircraft in foreign air commerce to and from that foreign country; (C) a foreign air carrier to provide foreign air transportation between the United states and another country that maintains air service with the foreign country; and (D) a foreign person to operate aircraft in foreign air commerce between the United States and another country that maintains air service with the foreign country. (2) The President may act under this subsection without notice or a hearing. The suspension remains in effect for as long as the President decides is necessary to ensure the security of aircraft against unlawful seizure. Notwithstanding section 40105(b) of this title, the authority of the President to suspend rights under this subsection is a condition to a certificate of public convenience and necessity, air carrier operating certificate, foreign air carrier or foreign aircraft permit, or foreign air carrier operating specification issued by the Secretary of Transportation under this part. (3) An air carrier or foreign air carrier may not provide foreign air transportation, and a person may not operate aircraft in foreign air commerce, in violation of a suspension of authority under this subsection. § 40107. Presidential transfers (a) GENERAL AUTHORITY.-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. (b) DURING WAR.-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. SUBPART III-SAFETY * CHAPTER 449-SECURITY SUBCHAPTER I-REQUIREMENTS CHAPTER 449-SECURITY SUBCHAPTER I-REQUIREMENTS § 44901. Screening passengers and property (a) GENERAL REQUIREMENTS.-The Administrator of the Federal Aviation Administration shall prescribe regulations requiring screening of all passengers and property that will be carried in a cabin of an aircraft in air transportation or intrastate air transportation. The screening must take place before boarding and be car 36-065 98-20 |