Statutory Authority for collection

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[Laws in effect as of January 7, 2003]

[Document not affected by Public Laws enacted between

January 7, 2003 and December 19, 2003]

[CITE: 49USC114]

TITLE 49--TRANSPORTATION

SUBTITLE I--DEPARTMENT OF TRANSPORTATION

CHAPTER 1--ORGANIZATION

Sec. 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;

(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:

(A) To coordinate domestic transportation, including

aviation, rail, and other surface transportation, and maritime

transportation (including port security).

(B) To coordinate and oversee the transportation-related

responsibilities of other departments and agencies of the

Federal Government other than the Department of Defense and the

military departments.

(C) To coordinate and provide notice to other departments

and agencies of the Federal Government, and appropriate agencies

of State and local governments, including departments and

agencies for transportation, law enforcement, and border

control, about threats to transportation.

(D) To carry out such other duties, and exercise such other

powers, relating to transportation during a national emergency

as the Secretary shall prescribe.

(2) Authority of other departments and agencies.--The authority

of the Under Secretary under this subsection shall not supersede the

authority of any other department or agency of the Federal

Government under law with respect to transportation or

transportation-related matters, whether or not during a national

emergency.

(3) Circumstances.--The Secretary shall prescribe the

circumstances constituting a national emergency for purposes of this

subsection.

(h) Management of Security Information.--In consultation with the

Transportation Security Oversight Board, the Under Secretary shall--

(1) enter into memoranda of understanding with Federal agencies

or other entities to share or otherwise cross-check as necessary

data on individuals identified on Federal agency databases who may

pose a risk to transportation or national security;

(2) establish procedures for notifying the Administrator of the

Federal Aviation Administration, appropriate State and local law

enforcement officials, and airport or airline security officers of

the identity of individuals known to pose, or suspected of posing, a

risk of air piracy or terrorism or a threat to airline or passenger

safety;

(3) in consultation with other appropriate Federal agencies and

air carriers, establish policies and procedures requiring air

carriers--

(A) to use information from government agencies to identify

individuals on passenger lists who may be a threat to civil

aviation or national security; and

(B) if such an individual is identified, notify appropriate

law enforcement agencies, prevent the individual from boarding

an aircraft, or take other appropriate action with respect to

that individual; and

(4) consider requiring passenger air carriers to share passenger

lists with appropriate Federal agencies for the purpose of

identifying individuals who may pose a threat to aviation safety or

national security.

(i) View of NTSB.--In taking any action under this section that

could affect safety, the Under Secretary shall give great weight to the

timely views of the National Transportation Safety Board.

(j) Acquisitions.--

(1) In general.--The Under Secretary is authorized--

(A) to acquire (by purchase, lease, condemnation, or

otherwise) such real property, or any interest therein, within

and outside the continental United States, as the Under

Secretary considers necessary;

(B) to acquire (by purchase, lease, condemnation, or

otherwise) and to construct, repair, operate, and maintain such

personal property (including office space and patents), or any

interest therein, within and outside the continental United

States, as the Under Secretary considers necessary;

(C) to lease to others such real and personal property and

to provide by contract or otherwise for necessary facilities for

the welfare of its employees and to acquire, maintain, and

operate equipment for these facilities;

(D) to acquire services, including such personal services as

the Secretary determines necessary, and to acquire (by purchase,

lease, condemnation, or otherwise) and to construct, repair,

operate, and maintain research and testing sites and facilities;

and

(E) in cooperation with the Administrator of the Federal

Aviation Administration, to utilize the research and development

facilities of the Federal Aviation Administration.

(2) Title.--Title to any property or interest therein acquired

pursuant to this subsection shall be held by the Government of the

United States.

(k) Transfers of Funds.--The Under Secretary is authorized to accept

transfers of unobligated balances and unexpended balances of funds

appropriated to other Federal agencies (as such term is defined in

section 551(1) of title 5) to carry out functions transferred, on or

after the date of enactment of the Aviation and Transportation Security

Act, by law to the Under Secretary.

(l) Regulations.--

(1) In general.--The Under Secretary is authorized to issue,

rescind, and revise such regulations as are necessary to carry out

the functions of the Administration.

(2) Emergency procedures.--

(A) In general.--Notwithstanding any other provision of law

or executive order (including an executive order requiring a

cost-benefit analysis), if the Under Secretary determines that a

regulation or security directive must be issued immediately in

order to protect transportation security, the Under Secretary

shall issue the regulation or security directive without

providing notice or an opportunity for comment and without prior

approval of the Secretary.

(B) Review by transportation security oversight board.--Any

regulation or security directive issued under this paragraph

shall be subject to review by the Transportation Security

Oversight Board established under section 115. Any regulation or

security directive issued under this paragraph shall remain

effective for a period not to exceed 90 days unless ratified or

disapproved by the Board or rescinded by the Under Secretary.

(3) Factors to consider.--In determining whether to issue,

rescind, or revise a regulation under this section, the Under

Secretary shall consider, as a factor in the final determination,

whether the costs of the regulation are excessive in relation to the

enhancement of security the regulation will provide. The Under

Secretary may waive requirements for an analysis that estimates the

number of lives that will be saved by the regulation and the

monetary value of such lives if the Under Secretary determines that

it is not feasible to make such an estimate.

(4) Airworthiness objections by faa.--

(A) In general.--The Under Secretary shall not take an

aviation security action under this title if the Administrator

of the Federal Aviation Administration notifies the Under

Secretary that the action could adversely affect the

airworthiness of an aircraft.

(B) Review by secretary.--Notwithstanding subparagraph (A),

the Under Secretary may take such an action, after receiving a

notification concerning the action from the Administrator under

subparagraph (A), if the Secretary of Transportation

subsequently approves the action.

(m) Personnel and Services; Cooperation by Under Secretary.--

(1) Authority of under secretary.--In carrying out the functions

of the Administration, the Under Secretary shall have the same

authority as is provided to the Administrator of the Federal

Aviation Administration under subsections (l) and (m) of section

106.

(2) Authority of agency heads.--The head of a Federal agency

shall have the same authority to provide services, supplies,

equipment, personnel, and facilities to the Under Secretary as the

head has to provide services, supplies, equipment, personnel, and

facilities to the Administrator of the Federal Aviation

Administration under section 106(m).

(n) Personnel Management System.--The personnel management system

established by the Administrator of the Federal Aviation Administration

under section 40122 shall apply to employees of the Transportation

Security Administration, or, subject to the requirements of such

section, the Under Secretary may make such modifications to the

personnel management system with respect to such employees as the Under

Secretary considers appropriate, such as adopting aspects of other

personnel systems of the Department of Transportation.

(o) Acquisition Management System.--The acquisition management

system established by the Administrator of the Federal Aviation

Administration under section 40110 shall apply to acquisitions of

equipment, supplies, and materials by the Transportation Security

Administration, or, subject to the requirements of such section, the

Under Secretary may make such modifications to the acquisition

management system with respect to such acquisitions of equipment,

supplies, and materials as the Under Secretary considers appropriate,

such as adopting aspects of other acquisition management systems of the

Department of Transportation.

(p) Authority of Inspector General.--The Transportation Security

Administration shall be subject to the Inspector General Act of 1978 (5

U.S.C. App.) and other laws relating to the authority of the Inspector

General of the Department of Transportation.

(q) Law Enforcement Powers.--

(1) In general.--The Under Secretary may designate an employee

of the Transportation Security Administration or other Federal

agency to serve as a law enforcement officer.

(2) Powers.--While engaged in official duties of the

Administration as required to fulfill the responsibilities under

this section, a law enforcement officer designated under paragraph

(1) may--

(A) carry a firearm;

(B) make an arrest without a warrant for any offense against

the United States committed in the presence of the officer, or

for any felony cognizable under the laws of the United States if

the officer has probable cause to believe that the person to be

arrested has committed or is committing the felony; and

(C) seek and execute warrants for arrest or seizure of

evidence issued under the authority of the United States upon

probable cause that a violation has been committed.

(3) Guidelines on exercise of authority.--The authority provided

by this subsection shall be exercised in accordance with guidelines

prescribed by the Under Secretary, in consultation with the Attorney

General of the United States, and shall include adherence to the

Attorney General's policy on use of deadly force.

(4) Revocation or suspension of authority.--The powers

authorized by this subsection may be rescinded or suspended should

the Attorney General determine that the Under Secretary has not

complied with the guidelines prescribed in paragraph (3) and conveys

the determination in writing to the Secretary of Transportation and

the Under Secretary.

(r) Authority To Exempt.--The Under Secretary may grant an exemption

from a regulation prescribed in carrying out this section if the Under

Secretary determines that the exemption is in the public interest.

(s) Nondisclosure of Security Activities.--

(1) In general.--Notwithstanding section 552 of title 5, the

Under Secretary shall prescribe regulations prohibiting the

disclosure of information obtained or developed in carrying out

security under authority of the Aviation and Transportation Security

Act (Public Law 107-71) or under chapter 449 of this title if the

Under Secretary decides that disclosing the information would--

(A) be an unwarranted invasion of personal privacy;

(B) reveal a trade secret or privileged or confidential

commercial or financial information; or

(C) be detrimental to the security of transportation.

(2) Availability of information to congress.--Paragraph (1) does

not authorize information to be withheld from a committee of

Congress authorized to have the information.

(3) Limitation on transferability of duties.--Except as

otherwise provided by law, the Under Secretary may not transfer a

duty or power under this subsection to another department, agency,

or instrumentality of the United States.

(Added Pub. L. 107-71, title I, Sec. 101(a), Nov. 19, 2001, 115 Stat.

597; amended Pub. L. 107-296, title XVI, Sec. 1601(b), title XVII,

Sec. 1707, Nov. 25, 2002, 116 Stat. 2312, 2318; Pub. L. 108-7, div. I,

title III, Sec. 351(d), Feb. 20, 2003, 117 Stat. 420.)

References in Text

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsec. (k), is the date of enactment of Pub. L.

107-71, which was approved Nov. 19, 2001.

The Inspector General Act of 1978, referred to in subsec. (p), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set

out in the Appendix to Title 5, Government Organization and Employees.

The Aviation and Transportation Security Act, referred to in subsec.

(s)(1), is Pub. L. 107-71, Nov. 19, 2001, 115 Stat. 597, as amended. For

complete classification of this Act to the Code, see Short Title of 2001

Amendment note set out under section 40101 of this title and Tables.

Amendments

2003--Subsec. (q)(1). Pub. L. 108-7 inserted ``or other Federal

agency'' after ``Transportation Security Administration''.

2002--Subsec. (l)(2)(B). Pub. L. 107-296, Sec. 1707, inserted ``for

a period not to exceed 90 days'' after ``effective'' and ``ratified or''

before ``disapproved''.

Subsec. (s). Pub. L. 107-296, Sec. 1601(b), added subsec. (s).

Effective Date of 2002 Amendment

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,

see section 4 of Pub. L. 107-296, set out as an Effective Date note

under section 101 of Title 6, Domestic Security.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the

Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security, and

for treatment of related references, see sections 203(2), 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.

Enhanced Security Measures

Pub. L. 107-71, title I, Sec. 109, Nov. 19, 2001, 115 Stat. 613, as

amended by Pub. L. 107-296, title XIV, Sec. 1403(b), Nov. 25, 2002, 116

Stat. 2306, provided that:

``(a) In General.--The Under Secretary of Transportation for

Security may take the following actions:

``(1) Require effective 911 emergency call capability for

telephones serving passenger aircraft and passenger trains.

``(2) Establish a uniform system of identification for all State

and local law enforcement personnel for use in obtaining permission

to carry weapons in aircraft cabins and in obtaining access to a

secured area of an airport, if otherwise authorized to carry such

weapons.

``(3) Establish requirements to implement trusted passenger

programs and use available technologies to expedite the security

screening of passengers who participate in such programs, thereby

allowing security screening personnel to focus on those passengers

who should be subject to more extensive screening.

``(4) In consultation with the Commissioner of the Food and Drug

Administration, develop alternative security procedures under which

a medical product to be transported on a flight of an air carrier

would not be subject to an inspection that would irreversibly damage

the product.

``(5) Provide for the use of technologies, including wireless

and wire line data technologies, to enable the private and secure

communication of threats to aid in the screening of passengers and

other individuals on airport property who are identified on any

State or Federal security-related data base for the purpose of

having an integrated response coordination of various authorized

airport security forces.

``(6) In consultation with the Administrator of the Federal

Aviation Administration, consider whether to require all pilot

licenses to incorporate a photograph of the license holder and

appropriate biometric imprints.

``(7) Provide for the use of voice stress analysis, biometric,

or other technologies to prevent a person who might pose a danger to

air safety or security from boarding the aircraft of an air carrier

or foreign air carrier in air transportation or intrastate air

transportation.

``(8) Provide for the use of technology that will permit

enhanced instant communications and information between airborne

passenger aircraft and appropriate individuals or facilities on the

ground.

``(9) Require that air carriers provide flight attendants with a

discreet, hands-free, wireless method of communicating with the

pilots.

``(b) Report.--Not later than 6 months after the date of enactment

of this Act [Nov. 19, 2001], and annually thereafter until the Under

Secretary has implemented or decided not to take each of the actions

specified in subsection (a), the Under Secretary shall transmit to

Congress a report on the progress of the Under Secretary in evaluating

and taking such actions, including any legislative recommendations that

the Under Secretary may have for enhancing transportation security.''

[For definitions of terms used in section 109 of Pub. L. 107-71, set

out above, see section 133 of Pub. L. 107-71, set out as a note under

section 40102 of this title.]

Section Referred to in Other Sections

This section is referred to in sections 115, 20105, 46110 of this

title.