Atsa Pl 107-71

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 597

Public Law 107–71

107th Congress

An Act

To improve aviation security, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Aviation and Transportation

Security Act’’.

TITLE I—AVIATION SECURITY

SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.

(a) IN GENERAL.—Chapter 1 of title 49, United States Code,

is amended by adding at the end the following:

‘‘§ 114. Transportation Security Administration

‘‘(a) IN GENERAL.—The Transportation Security Administration

shall be an administration of the Department of Transportation.

‘‘(b) UNDER SECRETARY.—

‘‘(1) APPOINTMENT.—The head of the Administration shall

be the Under Secretary of Transportation for Security. The

Under Secretary shall be appointed by the President, by and

with the advice and consent of the Senate.

‘‘(2) QUALIFICATIONS.—The Under Secretary must—

‘‘(A) be a citizen of the United States; and

‘‘(B) have experience in a field directly related to

transportation or security.

‘‘(3) TERM.—The term of office of an individual appointed

as the Under Secretary shall be 5 years.

‘‘(c) LIMITATION ON OWNERSHIP OF STOCKS AND BONDS.—The

Under Secretary may not own stock in or bonds of a transportation

or security enterprise or an enterprise that makes equipment that

could be used for security purposes.

‘‘(d) FUNCTIONS.—The Under Secretary shall be responsible for

security in all modes of transportation, including—

‘‘(1) carrying out chapter 449, relating to civil aviation

security, and related research and development activities; and

‘‘(2) security responsibilities over other modes of transportation

that are exercised by the Department of Transportation.

‘‘(e) SCREENING OPERATIONS.—The Under Secretary shall—

‘‘(1) be responsible for day-to-day Federal security screening

operations for passenger air transportation and intrastate air

transportation under sections 44901 and 44935;

49 USC 40101

note.

Aviation and

Transportation

Security Act.

Nov. 19, 2001

[S. 1447]

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115 STAT. 598 PUBLIC LAW 107–71—NOV. 19, 2001

‘‘(2) develop standards for the hiring and retention of security

screening personnel;

‘‘(3) train and test security screening personnel; and

‘‘(4) be responsible for hiring and training personnel to

provide security screening at all airports in the United States

where screening is required under section 44901, in consultation

with the Secretary of Transportation and the heads of

other appropriate Federal agencies and departments.

‘‘(f) ADDITIONAL DUTIES AND POWERS.—In addition to carrying

out the functions specified in subsections (d) and (e), the Under

Secretary shall—

‘‘(1) receive, assess, and distribute intelligence information

related to transportation security;

‘‘(2) assess threats to transportation;

‘‘(3) develop policies, strategies, and plans for dealing with

threats to transportation security;

‘‘(4) make other plans related to transportation security,

including coordinating countermeasures with appropriate

departments, agencies, and instrumentalities of the United

States Government;

‘‘(5) serve as the primary liaison for transportation security

to the intelligence and law enforcement communities;

‘‘(6) on a day-to-day basis, manage and provide operational

guidance to the field security resources of the Administration,

including Federal Security Managers as provided by section

44933;

‘‘(7) enforce security-related regulations and requirements;

‘‘(8) identify and undertake research and development

activities necessary to enhance transportation security;

‘‘(9) inspect, maintain, and test security facilities, equipment,

and systems;

‘‘(10) ensure the adequacy of security measures for the

transportation of cargo;

‘‘(11) oversee the implementation, and ensure the adequacy,

of security measures at airports and other transportation facilities;

‘‘(12) require background checks for airport security

screening personnel, individuals with access to secure areas

of airports, and other transportation security personnel;

‘‘(13) work in conjunction with the Administrator of the

Federal Aviation Administration with respect to any actions

or activities that may affect aviation safety or air carrier operations;

‘‘(14) work with the International Civil Aviation Organization

and appropriate aeronautic authorities of foreign governments

under section 44907 to address security concerns on

passenger flights by foreign air carriers in foreign air transportation;

and

‘‘(15) carry out such other duties, and exercise such other

powers, relating to transportation security as the Under Secretary

considers appropriate, to the extent authorized by law.

‘‘(g) NATIONAL EMERGENCY RESPONSIBILITIES.—

‘‘(1) IN GENERAL.—Subject to the direction and control of

the Secretary, the Under Secretary, during a national emergency,

shall have the following responsibilities: