Atsa

§ 114

TITLE 49—TRANSPORTATION
PURPOSES

Pub. L. 106–159, § 4, Dec. 9, 1999, 113 Stat. 1749, provided
that: ‘‘The purposes of this Act [see Tables for classification] are—
‘‘(1) to improve the administration of the Federal
motor carrier safety program and to establish a Federal Motor Carrier Safety Administration in the Department of Transportation; and
‘‘(2) to reduce the number and severity of largetruck involved crashes through more commercial
motor vehicle and operator inspections and motor
carrier compliance reviews, stronger enforcement
measures against violators, expedited completion of
rulemaking proceedings, scientifically sound research, and effective commercial driver’s license testing, recordkeeping and sanctions.’’
SAVINGS PROVISION
Pub. L. 106–159, title I, § 106, Dec. 9, 1999, 113 Stat. 1756,
provided that:
‘‘(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as
otherwise provided in this Act [see Tables for classification] and the amendments made by this Act, those
personnel, property, and records employed, used, held,
available, or to be made available in connection with a
function transferred to the Federal Motor Carrier Safety Administration by this Act shall be transferred to
the Administration for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, and other funds of the Office of
Motor Carrier Safety (including any predecessor entity) shall also be transferred to the Administration.
‘‘(b) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts,
settlements, agreements, certificates, licenses, and
privileges—
‘‘(1) that have been issued, made, granted, or allowed to become effective by the Office, any officer or
employee of the Office, or any other Government official, or by a court of competent jurisdiction, in the
performance of any function that is transferred by
this Act or the amendments made by this Act; and
‘‘(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant
to their terms as in effect on such effective date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
in accordance with law by the Administration, any
other authorized official, a court of competent jurisdiction, or operation of law.
‘‘(c) PROCEEDINGS.—
‘‘(1) IN GENERAL.—The provisions of this Act shall
not affect any proceedings or any application for any
license pending before the Office at the time this Act
takes effect [see Effective Date of 1999 Amendment
note set out under section 104 of this title], insofar as
those functions are transferred by this Act; but such
proceedings and applications, to the extent that they
relate to functions so transferred, shall be continued.
Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not
been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this
subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and
conditions and to the same extent that such proceeding could have been discontinued or modified if this
Act had not been enacted.
‘‘(3) ORDERLY TRANSFER.—The Secretary is authorized to provide for the orderly transfer of pending
proceedings from the Office.
‘‘(d) SUITS.—
‘‘(1) IN GENERAL.—This Act shall not affect suits
commenced before the date of the enactment of this

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Act [Dec. 9, 1999], except as provided in paragraphs (2)
and (3). In all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this Act had
not been enacted.
‘‘(2) SUITS BY OR AGAINST OMCS.—Any suit by or
against the Office begun before January 1, 2000, shall
be continued, insofar as it involves a function retained and transferred under this Act, with the Administration (to the extent the suit involves functions transferred to the Administration under this
Act) substituted for the Office.
‘‘(3) REMANDED CASES.—If the court in a suit described in paragraph (1) remands a case to the Administration, subsequent proceedings related to such case
shall proceed in accordance with applicable law and
regulations as in effect at the time of such subsequent proceedings.
‘‘(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No
suit, action, or other proceeding commenced by or
against any officer in his official capacity as an officer
of the Office shall abate by reason of the enactment of
this Act. No cause of action by or against the Office, or
by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act.
‘‘(f) EXERCISE OF AUTHORITIES.—Except as otherwise
provided by law, an officer or employee of the Administration may, for purposes of performing a function
transferred by this Act or the amendments made by
this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for
the performance of the function immediately before the
effective date of the transfer of the function under this
Act or the amendments made by this Act.
‘‘(g) REFERENCES.—Any reference to the Office in any
Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining
to the Office or an officer or employee of the Office is
deemed to refer to the Administration or a member or
employee of the Administration, as appropriate.’’

§ 114. Transportation Security Administration
(a) IN GENERAL.—The Transportation Security
Administration shall be an administration of
the Department of Homeland Security.
(b) LEADERSHIP.—
(1) HEAD OF TRANSPORTATION SECURITY ADMINISTRATION.—
(A) APPOINTMENT.—The head of the Administration shall be the Administrator of the
Transportation Security Administration (referred to in this section as the ‘‘Administrator’’). The Administrator shall be appointed by the President, by and with the
advice and consent of the Senate.
(B) QUALIFICATIONS.—The Administrator
must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(C) TERM.—Effective with respect to any
individual appointment by the President, by
and with the advice and consent of the Senate, after the date of enactment of the TSA
Modernization Act, the term of office of an
individual appointed as the Administrator
shall be 5 years. The term of office of an individual serving as the Administrator on the
date of enactment of the TSA Modernization
Act shall be 5 years beginning on the date
that the Administrator began serving.
(2) DEPUTY ADMINISTRATOR.—
(A) APPOINTMENT.—There is established in
the Transportation Security Administration

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TITLE 49—TRANSPORTATION

a Deputy Administrator, who shall assist the
Administrator in the management of the
Transportation Security Administration.
The Deputy Administrator shall be appointed by the President.
(B) VACANCY.—The Deputy Administrator
shall be Acting Administrator during the absence or incapacity of the Administrator or
during a vacancy in the office of Administrator.
(C) QUALIFICATIONS.—The Deputy Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(3) CHIEF COUNSEL.—
(A) APPOINTMENT.—There is established in
the Transportation Security Administration
a Chief Counsel, who shall advise the Administrator and other senior officials on all
legal matters relating to the responsibilities, functions, and management of the
Transportation Security Administration.
(B) QUALIFICATIONS.—The Chief Counsel
must be a citizen of the United States.
(c) LIMITATION ON OWNERSHIP OF STOCKS AND
BONDS.—The Administrator 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 Administrator 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 Administrator 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 Administrator
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 coun-

§ 114

termeasures 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;
(15) establish and maintain a National Deployment Office as required under section
44948 of this title; and
(16) carry out such other duties, and exercise
such other powers, relating to transportation
security as the Administrator considers appropriate, to the extent authorized by law.
(g) NATIONAL EMERGENCY RESPONSIBILITIES.—
(1) IN GENERAL.—Subject to the direction and
control of the Secretary of Homeland Security, the Administrator, 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 of Homeland Security shall
prescribe.