Tsa

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tained 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
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 ab-

§ 114

sence 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 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

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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.
(2) AUTHORITY OF OTHER DEPARTMENTS AND
AGENCIES.—The authority of the Administrator 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 transpor-

Page 58

tation-related matters, whether or not during
a national emergency.
(3) CIRCUMSTANCES.—The Secretary of Homeland Security 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 Administrator 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 Administrator shall give great weight to the timely
views of the National Transportation Safety
Board.
(j) ACQUISITIONS.—
(1) IN GENERAL.—The Administrator 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 Administrator 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
Administrator 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 of Homeland
Security determines necessary, and to acquire (by purchase, lease, condemnation, or

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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 Administrator
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 assigned by law to the Administrator.
(l) REGULATIONS.—
(1) IN GENERAL.—The Administrator 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 costbenefit analysis), if the Administrator determines that a regulation or security directive
must be issued immediately in order to protect transportation security, the Administrator 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 Administrator.
(3) FACTORS TO CONSIDER.—In determining
whether to issue, rescind, or revise a regulation under this section, the Administrator
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
Administrator 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 Administrator determines that it is not feasible to
make such an estimate.
(4) AIRWORTHINESS OBJECTIONS BY FAA.—
(A) IN GENERAL.—The Administrator shall
not take an aviation security action under
this title if the Administrator of the Federal
Aviation Administration notifies the Administrator that the action could adversely affect the airworthiness of an aircraft.
(B) REVIEW BY SECRETARY.—Notwithstanding subparagraph (A), the Administrator may take such an action, after receiving a notification concerning the action
from the Administrator of the Federal Avia-

§ 114

tion Administration under subparagraph (A),
if the Secretary of Transportation subsequently approves the action.
(m) PERSONNEL AND SERVICES; COOPERATION BY
ADMINISTRATOR.—
(1) AUTHORITY OF ADMINISTRATOR.—In carrying out the functions of the Administration,
the Administrator 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 Administrator 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.—
(1) IN GENERAL.—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 Administrator may make such modifications to the personnel management system
with respect to such employees as the Administrator considers appropriate, such as adopting aspects of other personnel systems of the
Department of Homeland Security.
(2) MERITORIOUS EXECUTIVE OR DISTINGUISHED
EXECUTIVE
RANK
AWARDS.—Notwithstanding
section 40122(g)(2) of this title, the applicable
sections of title 5 shall apply to the Transportation Security Administration personnel
management system, except that—
(A) for purposes of applying such provisions to the personnel management system—
(i) the term ‘‘agency’’ means the Department of Homeland Security;
(ii) the term ‘‘senior executive’’ means a
Transportation Security Administration
executive serving on a Transportation Security Executive Service appointment;
(iii) the term ‘‘career appointee’’ means
a Transportation Security Administration
executive serving on a career Transportation Security Executive Service appointment; and
(iv) The 1 term ‘‘senior career employee’’
means a Transportation Security Administration employee covered by the Transportation Security Administration Core Compensation System at the L or M pay band;
(B) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lumpsum payment of an amount equal to 20 percent of annual basic pay, which shall be in
addition to the basic pay paid under the applicable Transportation Security Administration pay system; and
(C) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior
1 So

in original. Probably should not be capitalized.

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TITLE 49—TRANSPORTATION

Professional entitles the individual to a
lump-sum payment of an amount equal to 35
percent of annual basic pay, which shall be
in addition to the basic pay paid under the
applicable Transportation Security Administration pay system.
(3) DEFINITION OF APPLICABLE SECTIONS OF
TITLE 5.—In this subsection, the term ‘‘applicable sections of title 5’’ means—
(A) subsections (b), (c) and (d) of section
4507 of title 5; and
(B) subsections (b) and (c) of section 4507a
of title 5.
(o) 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 Homeland Security.
(p) LAW ENFORCEMENT POWERS.—
(1) IN GENERAL.—The Administrator 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 Administrator, 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 Administrator has not complied with the guidelines
prescribed in paragraph (3) and conveys the determination in writing to the Secretary of
Homeland Security and the Administrator.
(q) AUTHORITY TO EXEMPT.—The Administrator may grant an exemption from a regulation prescribed in carrying out this section if
the Administrator determines that the exemption is in the public interest.
(r) NONDISCLOSURE OF SECURITY ACTIVITIES.—
(1) IN GENERAL.—Notwithstanding section 552
of title 5, the Administrator shall prescribe
regulations prohibiting the disclosure of information obtained or developed in carrying out
security under authority of the Aviation and

Page 60

Transportation Security Act (Public Law
107–71) or under chapter 449 of this title if the
Administrator 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 Administrator may not transfer a duty or
power under this subsection to another department, agency, or instrumentality of the
United States.
(4) LIMITATIONS.—Nothing in this subsection,
or any other provision of law, shall be construed to authorize the designation of information as sensitive security information (as
defined in section 1520.5 of title 49, Code of
Federal Regulations)—
(A) to conceal a violation of law, inefficiency, or administrative error;
(B) to prevent embarrassment to a person,
organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of information that does not require protection in
the interest of transportation security, including basic scientific research information
not clearly related to transportation security.
(s) TRANSPORTATION SECURITY STRATEGIC
PLANNING.—
(1) IN GENERAL.—The Secretary of Homeland
Security shall develop, prepare, implement,
and update, as needed—
(A) a National Strategy for Transportation
Security; and
(B) transportation modal security plans
addressing security risks, including threats,
vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime,
pipeline, public transportation, over-theroad bus, and other transportation infrastructure assets.
(2) ROLE OF SECRETARY OF TRANSPORTATION.—
The Secretary of Homeland Security shall
work jointly with the Secretary of Transportation in developing, revising, and updating
the documents required by paragraph (1).
(3) CONTENTS OF NATIONAL STRATEGY FOR
TRANSPORTATION
SECURITY.—The
National
Strategy for Transportation Security shall include the following:
(A) An identification and evaluation of the
transportation assets in the United States
that, in the interests of national security
and commerce, must be protected from attack or disruption by terrorist or other hostile forces, including modal security plans
for aviation, bridge and tunnel, commuter
rail and ferry, highway, maritime, pipeline,
rail, mass transit, over-the-road bus, and

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TITLE 49—TRANSPORTATION

other public transportation infrastructure
assets that could be at risk of such an attack or disruption.
(B) The development of risk-based priorities, based on risk assessments conducted
or received by the Secretary of Homeland
Security (including assessments conducted
under the Implementing Recommendations
of the 9/11 Commission Act of 2007) across all
transportation modes and realistic deadlines
for addressing security needs associated
with those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and
cost-effective means of defending those assets against threats to their security.
(D) A forward-looking strategic plan that
sets forth the agreed upon roles and missions
of Federal, State, regional, local, and tribal
authorities and establishes mechanisms for
encouraging cooperation and participation
by private sector entities, including nonprofit employee labor organizations, in the
implementation of such plan.
(E) A comprehensive delineation of prevention, response, and recovery responsibilities
and issues regarding threatened and executed acts of terrorism within the United
States and threatened and executed acts of
terrorism outside the United States to the
extent such acts affect United States transportation systems.
(F) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed
toward protecting vital transportation assets. Transportation security research and
development projects shall be based, to the
extent practicable, on such prioritization.
Nothing in the preceding sentence shall be
construed to require the termination of any
research or development project initiated by
the Secretary of Homeland Security or the
Secretary of Transportation before the date
of enactment of the Implementing Recommendations of the 9/11 Commission Act of
2007.
(G) A 3- and 10-year budget for Federal
transportation security programs that will
achieve the priorities of the National Strategy for Transportation Security.
(H) Methods for linking the individual
transportation modal security plans and the
programs contained therein, and a plan for
addressing the security needs of intermodal
transportation.
(I) Transportation modal security plans
described in paragraph (1)(B), including operational recovery plans to expedite, to the
maximum extent practicable, the return to
operation of an adversely affected transportation system following a major terrorist attack on that system or other incident. These
plans shall be coordinated with the resumption of trade protocols required under section 202 of the SAFE Port Act (6 U.S.C. 942)
and the National Maritime Transportation
Security Plan required under section 70103(a)
of title 46.
(4) SUBMISSION OF PLANS.—

§ 114

(A) IN GENERAL.—The Secretary of Homeland Security shall submit the National
Strategy for Transportation Security, including the transportation modal security
plans and any revisions to the National
Strategy for Transportation Security and
the transportation modal security plans, to
appropriate congressional committees not
less frequently than April 1 of each evennumbered year.
(B) PERIODIC PROGRESS REPORT.—
(i) REQUIREMENT FOR REPORT.—Each
year, in conjunction with the submission
of the budget to Congress under section
1105(a) of title 31, United States Code, the
Secretary of Homeland Security shall submit to the appropriate congressional committees an assessment of the progress
made on implementing the National Strategy for Transportation Security, including
the transportation modal security plans.
(ii) CONTENT.—Each progress report submitted under this subparagraph shall include, at a minimum, the following:
(I) Recommendations for improving
and implementing the National Strategy
for Transportation Security and the
transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the
Secretary of Transportation, considers
appropriate.
(II) An accounting of all grants for
transportation security, including grants
and contracts for research and development, awarded by the Secretary of
Homeland Security in the most recent
fiscal year and a description of how such
grants accomplished the goals of the National Strategy for Transportation Security.
(III) An accounting of all—
(aa) funds requested in the President’s budget submitted pursuant to
section 1105 of title 31 for the most recent fiscal year for transportation security, by mode;
(bb) personnel working on transportation security by mode, including the
number of contractors; and
(cc) information on the turnover in
the previous year among senior staff of
the Department of Homeland Security,
including component agencies, working on transportation security issues.
Such information shall include the
number of employees who have permanently left the office, agency, or area
in which they worked, and the amount
of time that they worked for the Department of Homeland Security.
(iii) WRITTEN EXPLANATION OF TRANSPORTATION SECURITY ACTIVITIES NOT DELINEATED IN THE NATIONAL STRATEGY FOR
TRANSPORTATION SECURITY.—At the end of
each fiscal year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a written
explanation of any Federal transportation
security activity that is inconsistent with
the National Strategy for Transportation

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TITLE 49—TRANSPORTATION
Security, including the amount of funds to
be expended for the activity and the number of personnel involved.

(C) CLASSIFIED MATERIAL.—Any part of the
National Strategy for Transportation Security or the transportation modal security
plans that involve information that is properly classified under criteria established by
Executive order shall be submitted to the
appropriate congressional committees separately in a classified format.
(D) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term
‘‘appropriate congressional committees’’
means the Committee on Transportation
and Infrastructure and the Committee on
Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the
Committee on Homeland Security and Governmental Affairs, and the Committee on
Banking, Housing, and Urban Affairs of the
Senate.
(5) PRIORITY STATUS.—
(A) IN GENERAL.—The National Strategy
for Transportation Security shall be the
governing document for Federal transportation security efforts.
(B) OTHER PLANS AND REPORTS.—The National Strategy for Transportation Security
shall include, as an integral part or as an appendix—
(i) the current National Maritime Transportation Security Plan under section
70103 of title 46;
(ii) the report required by section 44938
of this title;
(iii) transportation modal security plans
required under this section;
(iv) the transportation sector specific
plan required under Homeland Security
Presidential Directive–7; and
(v) any other transportation security
plan or report that the Secretary of Homeland Security determines appropriate for
inclusion.
(6) COORDINATION.—In carrying out the responsibilities under this section, the Secretary
of Homeland Security, in coordination with
the Secretary of Transportation, shall consult,
as appropriate, with Federal, State, and local
agencies, tribal governments, private sector
entities (including nonprofit employee labor
organizations), institutions of higher learning,
and other entities.
(7) PLAN DISTRIBUTION.—The Secretary of
Homeland Security shall make available and
appropriately publicize an unclassified version
of the National Strategy for Transportation
Security, including its component transportation modal security plans, to Federal, State,
regional, local and tribal authorities, transportation system owners or operators, private
sector stakeholders, including nonprofit employee labor organizations representing transportation employees, institutions of higher
learning, and other appropriate entities.
(t) TRANSPORTATION
SHARING PLAN.—

SECURITY

INFORMATION

Page 62

(1) DEFINITIONS.—In this subsection:
(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional
committees’’ has the meaning given that
term in subsection (s)(4)(E).
(B) PLAN.—The term ‘‘Plan’’ means the
Transportation Security Information Sharing Plan established under paragraph (2).
(C) PUBLIC AND PRIVATE STAKEHOLDERS.—
The term ‘‘public and private stakeholders’’
means Federal, State, and local agencies,
tribal governments, and appropriate private
entities, including nonprofit employee labor
organizations representing transportation
employees.
(D) TRANSPORTATION SECURITY INFORMATION.—The term ‘‘transportation security information’’ means information relating to
the risks to transportation modes, including
aviation, public transportation, railroad,
ferry, highway, maritime, pipeline, and overthe-road bus transportation, and may include specific and general intelligence products, as appropriate.
(2) ESTABLISHMENT OF PLAN.—The Secretary
of Homeland Security, in consultation with
the program manager of the information sharing environment established under section 1016
of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a Transportation Security Information Sharing Plan. In
establishing the Plan, the Secretary of Homeland Security shall gather input on the development of the Plan from private and public
stakeholders and the program manager of the
information sharing environment established
under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485).
(3) PURPOSE OF PLAN.—The Plan shall promote sharing of transportation security information between the Department of Homeland
Security and public and private stakeholders.
(4) CONTENT OF PLAN.—The Plan shall include—
(A) a description of how intelligence analysts within the Department of Homeland
Security will coordinate their activities
within the Department and with other Federal, State, and local agencies, and tribal
governments, including coordination with
existing modal information sharing centers
and the center described in section 1410 of
the Implementing Recommendations of the
9/11 Commission Act of 2007;
(B) the establishment of a point of contact, which may be a single point of contact
within the Department of Homeland Security, for each mode of transportation for the
sharing of transportation security information with public and private stakeholders,
including an explanation and justification to
the appropriate congressional committees if
the point of contact established pursuant to
this subparagraph differs from the agency
within the Department of Homeland Security that has the primary authority, or has
been delegated such authority by the Secretary of Homeland Security, to regulate the
security of that transportation mode;

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TITLE 49—TRANSPORTATION

(C) a reasonable deadline by which the
Plan will be implemented; and
(D) a description of resource needs for fulfilling the Plan.
(5) COORDINATION WITH INFORMATION SHARING.—The Plan shall be—
(A) implemented in coordination, as appropriate, with the program manager for the information sharing environment established
under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6
U.S.C. 485); and
(B) consistent with the establishment of
the information sharing environment and
any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of the information sharing environment.
(6) ANNUAL REPORT ON PLAN.—The Secretary
of Homeland Security shall annually submit
to the appropriate congressional committees a
report containing the Plan.
(7) SECURITY CLEARANCES.—The Secretary of
Homeland Security shall, to the greatest extent practicable, take steps to expedite the security clearances needed for designated public
and private stakeholders to receive and obtain
access to classified information distributed
under this section, as appropriate.
(8) CLASSIFICATION OF MATERIAL.—The Secretary of Homeland Security, to the greatest
extent practicable, shall provide designated
public and private stakeholders with transportation security information in an unclassified
format.
(u) ENFORCEMENT OF REGULATIONS AND ORDERS
SECRETARY OF HOMELAND SECURITY.—
(1) APPLICATION OF SUBSECTION.—
(A) IN GENERAL.—This subsection applies
to the enforcement of regulations prescribed, and orders issued, by the Secretary
of Homeland Security under a provision of
chapter 701 of title 46 and under a provision
of this title other than a provision of chapter 449 (in this subsection referred to as an
‘‘applicable provision of this title’’).
(B) VIOLATIONS OF CHAPTER 449.—The penalties for violations of regulations prescribed and orders issued by the Secretary of
Homeland Security or the Administrator
under chapter 449 of this title are provided
under chapter 463 of this title.
(C) NONAPPLICATION TO CERTAIN VIOLATIONS.—
(i) Paragraphs (2) through (5) do not
apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title—
(I) involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;
(II) by a member of the armed forces of
the United States when performing official duties; or
(III) by a civilian employee of the Department of Defense when performing official duties.

OF THE

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(ii) Violations described in subclause (I),
(II), or (III) of clause (i) shall be subject to
penalties as determined by the Secretary
of Defense or the Secretary of Defense’s
designee.
(2) CIVIL PENALTY.—
(A) IN GENERAL.—A person is liable to the
United States Government for a civil penalty of not more than $10,000 for a violation
of a regulation prescribed, or order issued,
by the Secretary of Homeland Security
under an applicable provision of this title.
(B) REPEAT VIOLATIONS.—A separate violation occurs under this paragraph for each
day the violation continues.
(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.—
(A) IN GENERAL.—The Secretary of Homeland Security may impose a civil penalty for
a violation of a regulation prescribed, or
order issued, under an applicable provision
of this title. The Secretary shall give written notice of the finding of a violation and
the penalty.
(B) SCOPE OF CIVIL ACTION.—In a civil action to collect a civil penalty imposed by the
Secretary of Homeland Security under this
subsection, a court may not re-examine
issues of liability or the amount of the penalty.
(C) JURISDICTION.—The district courts of
the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary of Homeland
Security under this subsection if—
(i) the amount in controversy is more
than—
(I) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(II) $50,000 if the violation was committed by an individual or small business concern;
(ii) the action is in rem or another action in rem based on the same violation
has been brought; or
(iii) another action has been brought for
an injunction based on the same violation.
(D) MAXIMUM PENALTY.—The maximum
civil penalty the Secretary of Homeland Security administratively may impose under
this paragraph is—
(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(ii) $50,000, if the violation was committed by an individual or small business
concern.
(E) NOTICE AND OPPORTUNITY TO REQUEST
HEARING.—Before imposing a penalty under
this section the Secretary of Homeland Security shall provide to the person against
whom the penalty is to be imposed—
(i) written notice of the proposed penalty; and
(ii) the opportunity to request a hearing
on the proposed penalty, if the Secretary
of Homeland Security receives the request
not later than 30 days after the date on
which the person receives notice.

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(4) COMPROMISE AND SETOFF.—
(A) The Secretary of Homeland Security
may compromise the amount of a civil penalty imposed under this subsection.
(B) The Government may deduct the
amount of a civil penalty imposed or compromised under this subsection from
amounts it owes the person liable for the
penalty.
(5) INVESTIGATIONS AND PROCEEDINGS.—Chapter 461 shall apply to investigations and proceedings brought under this subsection to the
same extent that it applies to investigations
and proceedings brought with respect to aviation security duties designated to be carried
out by the Secretary of Homeland Security.
(6) DEFINITIONS.—In this subsection:
(A) PERSON.—The term ‘‘person’’ does not
include—
(i) the United States Postal Service; or
(ii) the Department of Defense.
(B) SMALL BUSINESS CONCERN.—The term
‘‘small business concern’’ has the meaning
given that term in section 3 of the Small
Business Act (15 U.S.C. 632).
(7) ENFORCEMENT TRANSPARENCY.—
(A) IN GENERAL.—The Secretary of Homeland Security shall—
(i) provide an annual summary to the
public of all enforcement actions taken by
the Secretary under this subsection; and
(ii) include in each such summary the
docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final
assessment amount of each penalty.
(B) ELECTRONIC AVAILABILITY.—Each summary under this paragraph shall be made
available to the public by electronic means.
(C) RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT AND THE PRIVACY ACT.—Nothing in this subsection shall be construed to
require disclosure of information or records
that are exempt from disclosure under sections 552 or 552a of title 5.
(v) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Transportation Security Administration for salaries,
operations, and maintenance of the Administration—
(1) $7,849,247,000 for fiscal year 2019;
(2) $7,888,494,000 for fiscal year 2020; and
(3) $7,917,936,000 for fiscal year 2021.
(w) LEADERSHIP AND ORGANIZATION.—
(1) IN GENERAL.—For each of the areas described in paragraph (2), the Administrator of
the Transportation Security Administration
shall appoint at least 1 individual who shall—
(A) report directly to the Administrator or
the Administrator’s designated direct report; and
(B) be responsible and accountable for that
area.
(2) AREAS DESCRIBED.—The areas described in
this paragraph are as follows:
(A) Aviation security operations and training, including risk-based, adaptive security—

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(i) focused on airport checkpoint and
baggage screening operations;
(ii) workforce training and development
programs; and
(iii) ensuring compliance with aviation
security law, including regulations, and
other specialized programs designed to secure air transportation.
(B) Surface transportation security operations and training, including risk-based,
adaptive security—
(i) focused on accomplishing security
systems assessments;
(ii) reviewing and prioritizing projects
for appropriated surface transportation security grants;
(iii) operator compliance with surface
transportation security law, including regulations, and voluntary industry standards; and
(iv) workforce training and development
programs, and other specialized programs
designed to secure surface transportation.
(C) Transportation industry engagement
and planning, including the development, interpretation, promotion, and oversight of a
unified effort regarding risk-based, risk-reducing security policies and plans (including
strategic planning for future contingencies
and security challenges) between government and transportation stakeholders, including airports, domestic and international
airlines, general aviation, air cargo, mass
transit and passenger rail, freight rail, pipeline, highway and motor carriers, and maritime.
(D) International strategy and operations,
including agency efforts to work with international partners to secure the global transportation network.
(E) Trusted and registered traveler programs, including the management and marketing of the agency’s trusted traveler initiatives, including the PreCheck Program,
and coordination with trusted traveler programs of other Department of Homeland Security agencies and the private sector.
(F) Technology acquisition and deployment, including the oversight, development,
testing, evaluation, acquisition, deployment,
and maintenance of security technology and
other acquisition programs.
(G) Inspection and compliance, including
the integrity, efficiency and effectiveness of
the agency’s workforce, operations, and programs through objective audits, covert testing, inspections, criminal investigations,
and regulatory compliance.
(H) Civil rights, liberties, and traveler engagement, including ensuring that agency
employees and the traveling public are
treated in a fair and lawful manner consistent with Federal laws and regulations
protecting privacy and prohibiting discrimination and reprisal.
(I) Legislative and public affairs, including
communication and engagement with internal and external audiences in a timely, accurate, and transparent manner, and development and implementation of strategies with-

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in the agency to achieve congressional approval or authorization of agency programs
and policies.
(3) NOTIFICATION.—The Administrator shall
submit to the appropriate committees of Congress—
(A) not later than 180 days after the date
of enactment of the TSA Modernization Act,
a list of the names of the individuals appointed under paragraph (1); and
(B) an update of the list not later than 5
days after any new individual is appointed
under paragraph (1).
(x) TRANSPORTATION SECURITY PREPAREDNESS
PLAN.—
(1) IN GENERAL.—Not later than two years
after the date of the enactment of this subsection, the Secretary of Homeland Security,
acting through the Administrator, in coordination with the Chief Medical Officer of the
Department of Homeland Security, and in consultation with the partners identified under
paragraphs (3)(A)(i) through (3)(A)(iv), shall
develop a transportation security preparedness plan to address the event of a communicable disease outbreak. The Secretary, acting through the Administrator, shall ensure
such plan aligns with relevant Federal plans
and strategies for communicable disease outbreaks.
(2) CONSIDERATIONS.—In developing the plan
required under paragraph (1), the Secretary,
acting through the Administrator, shall consider each of the following:
(A) The findings of the survey required
under section 6411 of the National Defense
Authorization Act for Fiscal Year 2022.
(B) The findings of the analysis required
under section 6414 of the National Defense
Authorization Act for Fiscal Year 2022.
(C) The plan required under section 6415 of
the National Defense Authorization Act for
Fiscal Year 2022.
(D) All relevant reports and recommendations regarding the Administration’s response to the COVID–19 pandemic, including
any reports and recommendations issued by
the Comptroller General and the Inspector
General of the Department of Homeland Security.
(E) Lessons learned from Federal interagency efforts during the COVID–19 pandemic.
(3) CONTENTS OF PLAN.—The plan developed
under paragraph (1) shall include each of the
following:
(A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners:
(i) Appropriate Federal departments and
agencies, including the Department of
Health and Human Services, the Centers
for Disease Control and Prevention, the
Department of Transportation, the Department of Labor, and appropriate interagency task forces.
(ii) The workforce of the Administration,
including through the labor organization
certified as the exclusive representative of
full- and part-time non-supervisory Ad-

§ 114

ministration
personnel
carrying
out
screening functions under section 44901 of
this title.
(iii) International partners, including
the International Civil Aviation Organization and foreign governments, airports,
and air carriers.
(iv) Public and private stakeholders, as
such term is defined under subsection
(t)(1)(C).
(v) The traveling public.
(B) Plans for protecting the safety of the
Transportation Security Administration
workforce, including—
(i) reducing the risk of communicable
disease transmission at screening checkpoints and within the Administration’s
workforce related to the Administration’s
transportation security operations and
mission;
(ii) ensuring the safety and hygiene of
screening
checkpoints
and
other
workstations;
(iii) supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and
(iv) tracking rates of employee illness,
recovery, and death.
(C) Criteria for determining the conditions
that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles
and responsibilities that align with such
conditions.
(D) Contingency plans for temporarily adjusting checkpoint operations to provide for
passenger and employee safety while maintaining security during the communicable
disease outbreak.
(E) Provisions setting forth criteria for establishing an interagency task force or
other standing engagement platform with
other appropriate Federal departments and
agencies, including the Department of
Health and Human Services and the Department of Transportation, to address such
communicable disease outbreak.
(F) A description of scenarios in which the
Administrator should consider exercising
authorities provided under subsection (g)
and for what purposes.
(G) Considerations for assessing the appropriateness of issuing security directives and
emergency amendments to regulated parties
in various modes of transportation, including surface transportation, and plans for ensuring compliance with such measures.
(H) A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict
the ability of the Administration to respond
appropriately to a communicable disease
outbreak.
(4) DISSEMINATION.—Upon development of
the plan required under paragraph (1), the Administrator shall disseminate the plan to the
partners identified under paragraph (3)(A) and
to the Committee on Homeland Security of
the House of Representatives and the Com-

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TITLE 49—TRANSPORTATION

mittee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the
Senate.
(5) REVIEW OF PLAN.—Not later than two
years after the date on which the plan is disseminated under paragraph (4), and biennially
thereafter, the Secretary, acting through the
Administrator and in coordination with the
Chief Medical Officer of the Department of
Homeland Security, shall review the plan and,
after consultation with the partners identified
under paragraphs (3)(A)(i) through (3)(A)(iv),
update the plan as appropriate.
(Added Pub. L. 107–71, title I, § 101(a), Nov. 19,
2001, 115 Stat. 597; amended Pub. L. 107–296, title
XVI, § 1601(b), title XVII, § 1707, Nov. 25, 2002, 116
Stat. 2312, 2318; Pub. L. 108–7, div. I, title III,
§ 351(d), Feb. 20, 2003, 117 Stat. 420; Pub. L.
108–458, title IV, § 4001(a), Dec. 17, 2004, 118 Stat.
3710; Pub. L. 110–53, title XII, §§ 1202, 1203(a), title
XIII, § 1302(a), title XV, § 1503(a), Aug. 3, 2007, 121
Stat. 381, 383, 390, 425; Pub. L. 110–161, div. E,
title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092; Pub.
L. 111–83, title V, § 561(c)(1), Oct. 28, 2009, 123
Stat. 2182; Pub. L. 114–301, § 2(d), Dec. 16, 2016, 130
Stat. 1514; Pub. L. 115–254, div. K, title I, §§ 1903,
1904(a), (b)(1), 1905, 1909, 1988(c), Oct. 5, 2018, 132
Stat. 3543, 3544, 3546, 3549, 3623; Pub. L. 117–81,
div. F, title LXIV, § 6412(a), Dec. 27, 2021, 135
Stat. 2409.)
Editorial Notes
REFERENCES IN TEXT
The date of enactment of the TSA Modernization Act,
referred to in subsecs. (b)(1)(C) and (w)(3)(A), is the date
of enactment of title I of div. K of Pub. L. 115–254,
which was approved Oct. 5, 2018.
The Inspector General Act of 1978, referred to in subsec. (o), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
The Aviation and Transportation Security Act, referred to in subsec. (r)(1), is Pub. L. 107–71, Nov. 19, 2001,
115 Stat. 597. For complete classification of this Act to
the Code, see Short Title of 2001 Amendment note set
out under section 101 of this title and Tables.
The Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(B), is
Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. Section 1410 of
the Act is classified to section 1139 of Title 6, Domestic
Security. For complete classification of this Act to the
Code, see Short Title of 2007 Amendment note set out
under section 101 of Title 6 and Tables.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(F), is the date of enactment of
Pub. L. 110–53, which was approved Aug. 3, 2007.
The date of the enactment of this subsection, referred
to in subsec. (x)(1), is the date of enactment of Pub. L.
117–81, which was approved Dec. 27, 2021.
Section 6411 of the National Defense Authorization
Act for Fiscal Year 2022, referred to in subsec. (x)(2)(A),
is section 6411 of div. F of Pub. L. 117–81, Dec. 27, 2021,
135 Stat. 2409, which is not classified to the Code.
Section 6414 of the National Defense Authorization
Act for Fiscal Year 2022, referred to in subsec. (x)(2)(B),
is section 6414 of div. F of Pub. L. 117–81, Dec. 27, 2021,
135 Stat. 2412, which is not classified to the Code.
Section 6415 of the National Defense Authorization
Act for Fiscal Year 2022, referred to in subsec. (x)(2)(C),
is section 6415 of Pub. L. 117–81, which is set out as a
note under section 44901 of this title.
AMENDMENTS
2021—Subsec. (x). Pub. L. 117–81 added subsec. (x).

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2018—Pub. L. 115–254, § 1904(a)(3), substituted ‘‘Administrator’’ for ‘‘Under Secretary’’ wherever appearing in
subsecs. (c) to (n), (p), (q), and (r).
Subsec. (a). Pub. L. 115–254, § 1904(a)(1), substituted
‘‘Department of Homeland Security’’ for ‘‘Department
of Transportation’’.
Subsec. (b). Pub. L. 115–254, § 1904(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows:
‘‘(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.’’
Subsec. (f)(15), (16). Pub. L. 115–254, § 1988(c), added
par. (15) and redesignated former par. (15) as (16).
Subsec. (g)(1). Pub. L. 115–254, § 1904(b)(1)(A)(i)(I), substituted ‘‘Subject to the direction and control of the
Secretary of Homeland Security’’ for ‘‘Subject to the
direction and control of the Secretary’’ in introductory
provisions.
Subsecs. (g)(1)(D), (3), (j)(1)(D). Pub. L. 115–254,
§ 1904(b)(1)(A)(i)(II), (ii), (B), inserted ‘‘of Homeland Security’’ after ‘‘Secretary’’.
Subsec. (k). Pub. L. 115–254, § 1904(b)(1)(C), substituted
‘‘functions assigned’’ for ‘‘functions transferred, on or
after the date of enactment of the Aviation and Transportation Security Act,’’.
Subsec. (l)(4)(B). Pub. L. 115–254, § 1904(b)(1)(D), substituted ‘‘Administrator of the Federal Aviation Administration under subparagraph (A)’’ for ‘‘Administrator under subparagraph (A)’’.
Subsec. (n). Pub. L. 115–254, § 1909, inserted par. (1)
designation and heading before ‘‘The personnel management system’’, added pars. (2) and (3), and realigned
margins.
Pub. L. 115–254, § 1904(b)(1)(E), substituted ‘‘Department of Homeland Security’’ for ‘‘Department of
Transportation’’.
Subsec. (o). Pub. L. 115–254, § 1904(b)(1)(F), substituted
‘‘Department of Homeland Security’’ for ‘‘Department
of Transportation’’.
Subsec. (p)(4). Pub. L. 115–254, § 1904(b)(1)(G), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary of Transportation’’.
Subsec. (s)(3)(B). Pub. L. 115–254, § 1904(b)(1)(H)(i), inserted closing parenthesis after ‘‘Act of 2007’’.
Subsec. (s)(4). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(I), substituted ‘‘Submission of plans’’ for ‘‘Submissions of
plans to Congress’’ in heading.
Subsec.
(s)(4)(A).
Pub.
L.
115–254,
§ 1904(b)(1)(H)(ii)(IV)(bb), which directed amendment of
subpar. (A) by substituting ‘‘The’’ for ‘‘After December
31, 2015, the’’, was executed by making the substitution
for ‘‘After December 31, 2005, the’’ to reflect the probable intent of Congress.
Pub. L. 115–254, § 1904(b)(1)(H)(ii)(IV)(aa), substituted
‘‘In general’’ for ‘‘Subsequent versions’’ in heading.
Pub. L. 115–254, § 1904(b)(1)(H)(ii)(II), (III), redesignated subpar. (B) as (A) and struck out former subpar.
(A). Prior to amendment, text of subpar. (A) read as follows: ‘‘The Secretary of Homeland Security shall submit the National Strategy for Transportation Security,
including the transportation modal security plans, developed under this subsection to the appropriate congressional committees not later than April 1, 2005.’’
Subsec. (s)(4)(B). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(III),
redesignated subpar. (C) as (B). Former subpar. (B) redesignated (A).
Subsec.
(s)(4)(B)(ii)(III)(cc).
Pub.
L.
115–254,
§ 1904(b)(1)(H)(ii)(V), substituted ‘‘for the Department of
Homeland Security’’ for ‘‘for the Department’’.
Subsec.
(s)(4)(C)
to
(E).
Pub.
L.
115–254,
§ 1904(b)(1)(H)(ii)(III), redesignated subpars. (D) and (E)

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TITLE 49—TRANSPORTATION

as (C) and (D), respectively. Former subpar. (C) redesignated (B).
Subsec. (t). Pub. L. 115–254, § 1904(b)(1)(I), redesignated
subsec. (u) as (t).
Subsec. (t)(1)(D), (E). Pub. L. 115–254, § 1904(b)(1)(J)(i),
redesignated subpar. (E) as (D) and struck out former
subpar. (D). Prior to amendment, text of subpar. (D)
read as follows: ‘‘The term ‘Secretary’ means the Secretary of Homeland Security.’’
Subsec. (t)(2). Pub. L. 115–254, § 1904(b)(1)(J)(ii), inserted ‘‘of Homeland Security’’ after ‘‘Plan, the Secretary’’.
Subsec. (t)(4)(B). Pub. L. 115–254, § 1904(b)(1)(J)(iii), inserted ‘‘of Homeland Security’’ after ‘‘agency within
the Department’’ and after ‘‘Secretary’’.
Subsec. (t)(6). Pub. L. 115–254, § 1904(b)(1)(J)(iv),
amended par. (6) generally. Prior to amendment, text
read as follows:
‘‘(A) IN GENERAL.—Not later than 150 days after the
date of enactment of this subsection, and annually
thereafter, the Secretary shall submit to the appropriate congressional committees, a report containing
the Plan.
‘‘(B) ANNUAL REPORT.—Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall submit to the appropriate congressional committees a report on updates to and the implementation of
the Plan.’’
Subsec. (t)(7), (8). Pub. L. 115–254, § 1904(b)(1)(J)(v), inserted ‘‘of Homeland Security’’ after ‘‘Secretary’’.
Subsec. (u). Pub. L. 115–254, § 1904(b)(1)(I), redesignated subsec. (v) as (u). Former subsec. (u) redesignated
(t).
Subsec. (u)(1)(B). Pub. L. 115–254, § 1904(b)(1)(K)(i)(I),
inserted ‘‘or the Administrator’’ after ‘‘Secretary of
Homeland Security’’.
Subsec.
(u)(1)(C)(ii).
Pub.
L.
115–254,
§ 1904(b)(1)(K)(i)(II), substituted ‘‘Secretary of Defense’s
designee’’ for ‘‘Secretary’s designee’’.
Subsec. (u)(3)(B) to (E), (4)(A), (5). Pub. L. 115–254,
§ 1904(b)(1)(K)(i)(III), (ii), (iii), inserted ‘‘of Homeland
Security’’ after ‘‘Secretary’’ wherever appearing.
Subsec. (u)(7)(A). Pub. L. 115–254, § 1904(b)(1)(K)(iv)(I),
substituted ‘‘The Secretary of Homeland Security’’ for
‘‘Not later than December 31, 2008, and annually thereafter, the Secretary’’ in introductory provisions.
Subsec. (u)(7)(D). Pub. L. 115–254, § 1904(b)(1)(K)(iv)(II),
struck out subpar. (D). Text read as follows: ‘‘Not later
than 180 days after the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007,
the Secretary shall provide a report to the public describing the enforcement process established under this
subsection.’’
Subsec. (v). Pub. L. 115–254, § 1904(b)(1)(I), redesignated subsec. (w) as (v). Former subsec. (v) redesignated (u).
Subsec. (w). Pub. L. 115–254, § 1905, added subsec. (w).
Former subsec. (w) redesignated (v).
Pub. L. 115–254, § 1903, amended subsec. (w) generally.
Prior to amendment, subsec. (w) related to authorization of appropriations for railroad, over-the-road bus
and trucking, and hazardous material and pipeline security for fiscal years 2008 through 2011.
2016—Subsec. (u)(1)(A). Pub. L. 114–301, § 2(d)(1), substituted ‘‘subsection (s)(4)(E)’’ for ‘‘subsection (t)’’.
Subsec. (u)(7) to (9). Pub. L. 114–301, § 2(d)(2), (3), redesignated pars. (8) and (9) as (7) and (8), respectively,
and struck out former par. (7) which related to surveys
and reports.
2009—Subsec. (r)(4). Pub. L. 111–83 added par. (4).
2007—Subsecs. (o) to (s). Pub. L. 110–161 redesignated
subsecs. (p) to (s) as (o) to (r), respectively, and struck
out former subsec. (o). Text of former subsec. (o) read
as follows: ‘‘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 man-

agement 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.’’
Subsec. (t). Pub. L. 110–161 redesignated subsec. (t) as
(s).
Subsec. (t)(1)(B). Pub. L. 110–53, § 1202(a), amended
subpar. (B) generally. Prior to amendment, subpar. (B)
read as follows: ‘‘transportation modal security plans.’’
Subsec. (t)(3)(B). Pub. L. 110–53, § 1202(b)(1), inserted
‘‘, based on risk assessments conducted or received by
the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007’’ after
‘‘risk-based priorities’’.
Subsec. (t)(3)(D). Pub. L. 110–53, § 1202(b)(2), substituted ‘‘local, and tribal’’ for ‘‘and local’’ and ‘‘cooperation and participation by private sector entities,
including nonprofit employee labor organizations,’’ for
‘‘private sector cooperation and participation’’.
Subsec. (t)(3)(E). Pub. L. 110–53, § 1202(b)(3), substituted ‘‘prevention, response, and recovery’’ for ‘‘response and recovery’’ and inserted ‘‘and threatened and
executed acts of terrorism outside the United States to
the extent such acts affect United States transportation systems’’ before period at end.
Subsec. (t)(3)(F). Pub. L. 110–53, § 1202(b)(4), inserted
at end ‘‘Transportation security research and development projects shall be based, to the extent practicable,
on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of
any research or development project initiated by the
Secretary of Homeland Security or the Secretary of
Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission
Act of 2007.’’
Subsec. (t)(3)(G) to (I). Pub. L. 110–53, § 1202(b)(5),
added subpars. (G) to (I).
Subsec. (t)(4)(C)(i). Pub. L. 110–53, § 1202(c)(1)(A), inserted ‘‘, including the transportation modal security
plans’’ before period at end.
Subsec. (t)(4)(C)(ii), (iii). Pub. L. 110–53, § 1202(c)(1)(B),
added cls. (ii) and (iii) and struck out former cl. (ii).
Text of former cl. (ii) read as follows: ‘‘Each progress
report under this subparagraph shall include, at a minimum, recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal security plans
that the Secretary, in consultation with the Secretary
of Transportation, considers appropriate.’’
Subsec. (t)(4)(E). Pub. L. 110–53, § 1202(c)(2), added subpar. (E) and struck out former subpar. (E). Text of
former subpar. (E) read as follows: ‘‘In this subsection,
the term ‘appropriate congressional committees’ means
the Committee on Transportation and Infrastructure
and the Select Committee on Homeland Security of the
House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee
on Homeland Security and Governmental Affairs of the
Senate.’’
Subsec. (t)(5)(B)(iv), (v). Pub. L. 110–53, § 1202(d), added
cl. (iv) and redesignated former cl. (iv) as (v).
Subsec. (t)(6), (7). Pub. L. 110–53, § 1202(e), added pars.
(6) and (7).
Subsec. (u). Pub. L. 110–53, § 1203(a), added subsec. (u).
Subsec. (v). Pub. L. 110–53, § 1302(a), added subsec. (v).
Subsec. (w). Pub. L. 110–53, § 1503(a), added subsec. (w).
2004—Subsec. (t). Pub. L. 108–458 added subsec. (t).
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, § 1707, inserted
‘‘for a period not to exceed 90 days’’ after ‘‘effective’’
and ‘‘ratified or’’ before ‘‘disapproved’’.
Subsec. (s). Pub. L. 107–296, § 1601(b), added subsec. (s).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Pub. L. 115–254, div. K, title I, § 1994, Oct. 5, 2018, 132
Stat. 3646, provided that: ‘‘References relating to the

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Under Secretary of Transportation for Security in statutes, Executive orders, rules, regulations, directives, or
delegations of authority that precede the effective date
of this Act [meaning the date of enactment of Pub. L.
115–254, Oct. 5, 2018] shall be deemed to refer, as appropriate, to the Administrator of the Transportation Security Administration.’’
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–161, div. E, title V, § 568(b), Dec. 26, 2007,
121 Stat. 2092, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall take effect
180 days after the date of enactment of this Act [Dec.
26, 2007].
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–458, title IV, § 4082, Dec. 17, 2004, 118 Stat.
3732, provided that: ‘‘This title [enacting section 44925
of this title, amending this section, sections 44903,
44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this
title, and sections 70102 and 70103 of Title 46, Shipping,
and enacting provisions set out as notes under sections
44703, 44901, 44913, 44917, 44923, 44925, and 44935 of this
title, section 2751 of Title 22, Foreign Relations and
Intercourse, and section 70101 of Title 46] shall take effect on the date of enactment of this Act [Dec. 17,
2004].’’
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.
AUTHORIZATION OF TRANSPORTATION SECURITY
ADMINISTRATION PERSONNEL DETAILS
Pub. L. 117–81, div. F, title LXIV, § 6413, Dec. 27, 2021,
135 Stat. 2412, provided that:
‘‘(a) COORDINATION.—Pursuant to sections 106(m) and
114(m) of title 49, United States Code, the Administrator of the Transportation Security Administration
may provide Transportation Security Administration
personnel, who are not engaged in front line transportation security efforts, to other components of the Department and other Federal agencies to improve coordination with such components and agencies to prepare for, protect against, and respond to public health
threats to the transportation security system of the
United States.
‘‘(b) BRIEFING.—Not later than 180 days after the date
of the enactment of this Act [Dec. 27, 2021], the Administrator shall brief the appropriate congressional committees regarding efforts to improve coordination with
other components of the Department of Homeland Security and other Federal agencies to prepare for, protect against, and respond to public health threats to
the transportation security system of the United
States.’’
AVIATION SECURITY
Pub. L. 117–81, div. F, title LXIV, § 6423(b), Dec. 27,
2021, 135 Stat. 2420, provided that:
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of the enactment of this Act [Dec. 27, 2021], the Administrator of the Transportation Security Adminis-

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tration shall develop and implement guidelines with respect to domestic and last point of departure airports
to—
‘‘(A) ensure the inclusion, as appropriate, of air carriers, domestic airport operators, and other transportation security stakeholders in the development and
implementation of security directives and emergency
amendments;
‘‘(B) document input provided by air carriers, domestic airport operators, and other transportation
security stakeholders during the security directive
and emergency amendment, development, and implementation processes;
‘‘(C) define a process, including timeframes, and
with the inclusion of feedback from air carriers, domestic airport operators, and other transportation
security stakeholders, for cancelling or incorporating
security directives and emergency amendments into
security programs;
‘‘(D) conduct engagement with foreign partners on
the implementation of security directives and emergency amendments, as appropriate, including recognition if existing security measures at a last point
of departure airport are found to provide commensurate security as intended by potential new security
directives and emergency amendments; and
‘‘(E) ensure that new security directives and emergency amendments are focused on defined security
outcomes.
‘‘(2) BRIEFING TO CONGRESS.—Not later than 90 days
after the date of the enactment of this Act [Dec. 27,
2021], the Administrator of the Transportation Security
Administration shall brief the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of
the Senate on the guidelines described in paragraph (1).
‘‘(3) DECISIONS NOT SUBJECT TO JUDICIAL REVIEW.—Notwithstanding any other provision of law, any action of
the Administrator of the Transportation Security Administration under paragraph (1) is not subject to judicial review.’’
EMERGENCY TSA EMPLOYEE LEAVE FUND
Pub. L. 117–2, title VII, § 7104, Mar. 11, 2021, 135 Stat.
100, provided that:
‘‘(a) ESTABLISHMENT; APPROPRIATION.—There is established in the Transportation Security Administration
(in this section referred to as the ‘Administration’) the
Emergency TSA Employee Leave Fund (in this section
referred to as the ‘Fund’), to be administered by the
Administrator of the Administration, for the purposes
set forth in subsection (b). In addition to amounts otherwise available, there is appropriated for fiscal year
2021, out of any money in the Treasury not otherwise
appropriated, $13,000,000, which shall be deposited into
the Fund and remain available through September 30,
2022.
‘‘(b) PURPOSE.—Amounts in the Fund shall be available to the Administration for the use of paid leave
under this section by any employee of the Administration who is unable to work because the employee—
‘‘(1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19;
‘‘(2) has been advised by a health care provider to
self-quarantine due to concerns related to COVID–19;
‘‘(3) is caring for an individual who is subject to
such an order or has been so advised;
‘‘(4) is experiencing symptoms of COVID–19 and
seeking a medical diagnosis;
‘‘(5) is caring for a son or daughter of such employee if the school or place of care of the son or
daughter has been closed, if the school of such son or
daughter requires or makes optional a virtual learning instruction model or requires or makes optional
a hybrid of in-person and virtual learning instruction
models, or the child care provider of such son or
daughter is unavailable, due to COVID–19 precautions;
‘‘(6) is experiencing any other substantially similar
condition;

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‘‘(7) is caring for a family member with a mental or
physical disability or who is 55 years of age or older
and incapable of self-care, without regard to whether
another individual other than the employee is available to care for such family member, if the place of
care for such family member is closed or the direct
care provider is unavailable due to COVID–19; or
‘‘(8) is obtaining immunization related to COVID–19
or is recovering from any injury, disability, illness,
or condition related to such immunization.
‘‘(c) LIMITATIONS.—
‘‘(1) PERIOD OF AVAILABILITY.—Paid leave under this
section may only be provided to and used by an employee of the Administration during the period beginning on the date of enactment of this section [Mar.
11, 2021] and ending on September 30, 2021.
‘‘(2) TOTAL HOURS; AMOUNT.—Paid leave under this
section—
‘‘(A) shall be provided to an employee of the Administration in an amount not to exceed 600 hours
of paid leave for each full-time employee, and in
the case of a part-time employee, employee on an
uncommon tour of duty, or employee with a seasonal work schedule, in an amount not to exceed
the proportional equivalent of 600 hours to the extent amounts in the Fund remain available for reimbursement;
‘‘(B) shall be paid at the same hourly rate as
other leave payments; and
‘‘(C) may not be provided to an employee if the
leave would result in payments greater than $2,800
in aggregate for any biweekly pay period for a fulltime employee, or a proportionally equivalent biweekly limit for a part-time employee.
‘‘(3) RELATIONSHIP TO OTHER LEAVE.—Paid leave
under this section—
‘‘(A) is in addition to any other leave provided to
an employee of the Administration; and
‘‘(B) may not be used by an employee of the Administration concurrently with any other paid
leave.
‘‘(4) CALCULATION OF RETIREMENT BENEFIT.—Any
paid leave provided to an employee of the Administration under this section shall reduce the total service used to calculate any Federal civilian retirement
benefit.’’
DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF
TITLE 51
General references to ‘‘this title’’ deemed to refer
also to chapters 509 and 511 of Title 51, National and
Commercial Space Programs, see section 4(d)(8) of Pub.
L. 111–314, set out as a note under section 101 of this
title.
TRANSMITTALS TO CONGRESS
Pub. L. 115–254, div. K, title I, § 1910, Oct. 5, 2018, 132
Stat. 3550, provided that: ‘‘With regard to each report,
legislative proposal, or other communication of the Executive Branch related to the TSA and required to be
submitted to Congress or the appropriate committees
of Congress, the Administrator shall transmit such
communication directly to the appropriate committees
of Congress.’’
[For definitions of terms used in section 1910 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of
Div. K of Pub. L. 115–254 note under section 101 of this
title.]
THIRD PARTY TESTING AND VERIFICATION OF
SCREENING TECHNOLOGY
Pub. L. 115–254, div. K, title I, § 1911, Oct. 5, 2018, 132
Stat. 3550, provided that:
‘‘(a) IN GENERAL.—In carrying out the responsibilities
under section 114(f)(9) [probably means section 114(f)(9)
of Title 10, United States Code], the Administrator
shall develop and implement, not later than 1 year
after the date of enactment of this Act [Oct. 5, 2018], a

§ 114

program to enable a vendor of related security screening technology to obtain testing and verification, including as an alternative to the TSA’s test and evaluation process, by an appropriate third party, of such
technology before procurement or deployment.
‘‘(b) DETECTION TESTING.—
‘‘(1) IN GENERAL.—The third party testing and
verification program authorized under subsection (a)
shall include detection testing to evaluate the performance of the security screening technology system regarding the probability of detection, the probability of false alarm, and such other indicators that
the system is able to meet the TSA’s mission needs.
‘‘(2) RESULTS.—The results of the third party detection testing under paragraph (1) shall be considered
final if the results are approved by the Administration in accordance with approval standards developed
by the Administrator.
‘‘(3) COORDINATION WITH FINAL TESTING.—To the extent practicable, but without compromising the integrity of the TSA test and evaluation process, the
Administrator shall coordinate the third party detection testing under paragraph (1) with any subsequent,
final Federal Government testing.
‘‘(4) INTERNATIONAL STANDARDS.—To the extent
practicable and permissible under law and considering the national security interests of the United
States, the Administrator shall—
‘‘(A) share detection testing information and
standards with appropriate international partners;
and
‘‘(B) coordinate with the appropriate international partners to align TSA testing and evaluation with relevant international standards to maximize the capability to detect explosives and other
threats.
‘‘(c) OPERATIONAL TESTING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
third party testing and verification program authorized under subsection (a) shall include operational
testing.
‘‘(2) LIMITATION.—Third party operational testing
under paragraph (1) may not exceed 1 year.
‘‘(d) ALTERNATIVE.—Third party testing under subsection (a) shall replace as an alternative, at the discretion of the Administrator, the testing at the TSA
Systems Integration Facility, including testing for—
‘‘(1) health and safety factors;
‘‘(2) operator interface;
‘‘(3) human factors;
‘‘(4) environmental factors;
‘‘(5) throughput;
‘‘(6) reliability, maintainability, and availability
factors; and
‘‘(7) interoperability.
‘‘(e) TESTING AND VERIFICATION FRAMEWORK.—
‘‘(1) IN GENERAL.—The Administrator shall—
‘‘(A) establish a framework for the third party
testing and for verifying a security technology is
operationally effective and able to meet the TSA’s
mission needs before it may enter or re-enter, as
applicable, the operational context at an airport or
other transportation facility;
‘‘(B) use phased implementation to allow the TSA
and the third party to establish best practices; and
‘‘(C) oversee the third party testing and evaluation framework.
‘‘(2) RECOMMENDATIONS.—The Administrator shall
request ASAC’s Security Technology Subcommittee,
in consultation with representatives of the security
manufacturers industry, to develop and submit to the
Administrator recommendations for the third party
testing and verification framework.
‘‘(f) FIELD TESTING.—The Administrator shall
prioritize the field testing and evaluation, including by
third parties, of security technology and equipment at
airports and on site at security technology manufacturers whenever possible as an alternative to the TSA
Systems Integration Facility.
‘‘(g) APPROPRIATE THIRD PARTIES.—

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‘‘(1) CITIZENSHIP REQUIREMENT.—An appropriate
third party under subsection (a) shall be—
‘‘(A) if an individual, a citizen of the United
States; or
‘‘(B) if an entity, owned and controlled by a citizen of the United States.
‘‘(2) WAIVER.—The Administrator may waive the requirement under paragraph (1)(B) if the entity is a
United States subsidiary of a parent company that
has implemented a foreign ownership, control, or influence mitigation plan that has been approved by
the Defense Security Service [now Defense Counterintelligence and Security Agency] of the Department
of Defense before applying to provide third party
testing. The Administrator may reject any application to provide third party testing under subsection
(a) submitted by an entity that requires a waiver
under this paragraph.
‘‘(3) CONFLICTS OF INTEREST.—The Administrator
shall ensure, to the extent possible, that an entity
providing third party testing under this section does
not have a contractual, business, or other pecuniary
interest (exclusive of any such testing) in—
‘‘(A) the security screening technology subject to
such testing; or
‘‘(B) the vendor of such technology.
‘‘(h) GAO REVIEW.—
‘‘(1) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act [Oct. 5, 2018], the Comptroller General of the United States shall submit to
the appropriate committees of Congress a study on
the third party testing program developed under this
section[.]
‘‘(2) REVIEW.—The study under paragraph (1) shall
include a review of the following:
‘‘(A) Any efficiencies or gains in effectiveness
achieved in TSA operations, including technology
acquisition or screening operations, as a result of
such program.
‘‘(B) The degree to which the TSA conducts timely and regular oversight of the appropriate third
parties engaged in such testing.
‘‘(C) The effect of such program on the following:
‘‘(i) The introduction of innovative detection
technologies into security screening operations.
‘‘(ii) The availability of testing for technologies
developed by small to medium sized businesses.
‘‘(D) Any vulnerabilities associated with such
program, including with respect to the following:
‘‘(i) National security.
‘‘(ii) Any conflicts of interest between the appropriate third parties engaged in such testing
and the entities providing such technologies to be
tested.
‘‘(iii) Waste, fraud, and abuse.’’
[For definitions of terms used in section 1911 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of
Div. K of Pub. L. 115–254 note under section 101 of this
title.]
TRANSPORTATION SECURITY ADMINISTRATION SYSTEMS
INTEGRATION FACILITY
Pub. L. 115–254, div. K, title I, § 1912, Oct. 5, 2018, 132
Stat. 3552, provided that:
‘‘(a) IN GENERAL.—The Administrator shall continue
to operate the Transportation Security Administration
Systems Integration Facility (referred to in this section as the ‘TSIF’) for the purposes of testing and evaluating advanced transportation security screening
technologies related to the mission of the TSA.
‘‘(b) REQUIREMENTS.—The TSIF shall—
‘‘(1) evaluate the technologies described in subsection (a) to enhance the security of transportation
systems through screening and threat mitigation and
detection;
‘‘(2) test the technologies described in subsection
(a) to support identified mission needs of the TSA and
to meet requirements for acquisitions and procurement;

Page 70

‘‘(3) to the extent practicable, provide original
equipment manufacturers with test plans to minimize requirement interpretation disputes and adhere
to provided test plans;
‘‘(4) collaborate with other technical laboratories
and facilities for purposes of augmenting the capabilities of the TSIF;
‘‘(5) deliver advanced transportation security
screening technologies that enhance the overall security of domestic transportation systems; and
‘‘(6) to the extent practicable, provide funding and
promote efforts to enable participation by a small
business concern (as the term is described under section 3 of the Small Business Act (15 U.S.C. 632)) that—
‘‘(A) has an advanced technology or capability;
but
‘‘(B) does not have adequate resources to participate in testing and evaluation processes.
‘‘(c) STAFFING AND RESOURCE ALLOCATION.—The Administrator shall ensure adequate staffing and resource
allocations for the TSIF in a manner that—
‘‘(1) prevents unnecessary delays in the testing and
evaluation of advanced transportation security
screening technologies for acquisitions and procurement determinations;
‘‘(2) ensures the issuance of final paperwork certification no later than 45 days after the date such testing and evaluation has concluded; and
‘‘(3) ensures collaboration with technology stakeholders to close capabilities gaps in transportation
security.
‘‘(d) DEADLINE.—
‘‘(1) IN GENERAL.—The Administrator shall notify
the appropriate committees of Congress if testing and
evaluation by the TSIF of an advanced transportation security screening technology under this section exceeds 180 days from the delivery date.
‘‘(2) NOTIFICATION.—The notification under paragraph (1) shall include—
‘‘(A) information relating to the delivery date;
‘‘(B) a justification for why the testing and evaluation process has exceeded 180 days; and
‘‘(C) the estimated date for completion of such
testing and evaluation.
‘‘(3) DEFINITION OF DELIVERY DATE.—In this subsection, the term ‘delivery date’ means the date that
the owner of an advanced transportation security
screening technology—
‘‘(A) after installation, delivers the technology to
the TSA for testing and evaluation; and
‘‘(B) submits to the Administrator, in such form
and manner as the Administrator prescribes, a
signed notification of the delivery described in subparagraph (A).
‘‘(e) RETESTING AND EVALUATION.—Advanced transportation security screening technology that fails testing and evaluation by the TSIF may be retested and
evaluated at the discretion of the Administrator.
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section
may be construed to affect the authority or responsibility of an officer of the Department, or an officer of
any other Federal department or agency, with respect
to research, development, testing, and evaluation of
technologies, including such authorities or responsibilities of the Undersecretary [probably should be ‘‘Under
Secretary’’] for Science and Technology of the Department and Assistant Secretary of the Countering Weapons of Mass Destruction Office of the Department.’’
[For definitions of terms used in section 1912 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of
Div. K of Pub. L. 115–254 note under section 101 of this
title.]
PUBLIC AREA SECURITY WORKING GROUP
Pub. L. 115–254, div. K, title I, § 1931, Oct. 5, 2018, 132
Stat. 3569, provided that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PUBLIC AND PRIVATE STAKEHOLDERS.—The term
‘public and private stakeholders’ has the meaning

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given the term in section 114(t)(1)(C) of title 49,
United States Code.
‘‘(2) SURFACE TRANSPORTATION ASSET.—The term
‘surface transportation asset’ includes—
‘‘(A) facilities, equipment, or systems used to provide transportation services by—
‘‘(i) a public transportation agency (as the term
is defined in section 1402 of the Implementing
Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1131));
‘‘(ii) a railroad carrier (as the term is defined in
section 20102 of title 49, United States Code); [or]
‘‘(iii) an owner or operator of—
‘‘(I) an entity offering scheduled, fixed-route
transportation services by over-the road bus (as
the term is defined in section 1501 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1151)); or
‘‘(II) a bus terminal; or
‘‘(B) other transportation facilities, equipment,
or systems, as determined by the Secretary.
‘‘(b) PUBLIC AREA SECURITY WORKING GROUP.—
‘‘(1) WORKING GROUP.—The Administrator, in coordination with the National Protection and Programs Directorate, shall establish a working group to
promote collaborative engagement between the TSA
and public and private stakeholders to develop nonbinding recommendations for enhancing security in
public areas of transportation facilities (including facilities that are surface transportation assets), including recommendations regarding the following:
‘‘(A) Information sharing and interoperable communication capabilities among the TSA and public
and private stakeholders with respect to terrorist
or other threats.
‘‘(B) Coordinated incident response procedures.
‘‘(C) The prevention of terrorist attacks and other
incidents through strategic planning, security
training, exercises and drills, law enforcement patrols, worker vetting, and suspicious activity reporting.
‘‘(D) Infrastructure protection through effective
construction design barriers and installation of advanced surveillance and other security technologies.
‘‘(2) ANNUAL REPORT.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date the working group is established under paragraph (1), the Administrator shall submit to the appropriate committee of Congress [probably should
be ‘‘appropriate committees of Congress’’] a report,
covering the 12-month period preceding the date of
the report, on—
‘‘(i) the organization of the working group;
‘‘(ii) the activities of the working group;
‘‘(iii) the participation of the TSA and public
and private stakeholders in the activities of the
working group; [and]
‘‘(iv) the findings of the working group, including any recommendations.
‘‘(B) PUBLICATION.—The Administrator may publish a public version of such report that describes
the activities of the working group and such related
matters as would be informative to the public, consistent with section 552(b) of title 5, United States
Code.
‘‘(3) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the working group established under subsection (a)
[probably should be ‘‘paragraph (1)’’] or any subcommittee thereof.
‘‘(c) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) inform owners and operators of surface
transportation assets about the availability of
technical assistance, including vulnerability assessment tools and cybersecurity guidelines, to help
protect and enhance the resilience of public areas
of such assets; and
‘‘(B) upon request, and subject to the availability
of appropriations, provide such technical assistance

§ 114

to owners and operators of surface transportation
assets.
‘‘(2) BEST PRACTICES.—Not later than 1 year after
the date of enactment of this Act [Oct. 5, 2018], and
periodically thereafter, the Secretary shall publish
on the Department website and widely disseminate,
as appropriate, current best practices for protecting
and enhancing the resilience of public areas of transportation facilities (including facilities that are surface transportation assets), including associated
frameworks or templates for implementation.
‘‘(d) REVIEW.—
‘‘(1) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act, the Administrator
shall—
‘‘(A) review of [sic] regulations, directives, policies, and procedures issued by the Administrator
regarding the transportation of a firearm and ammunition; and
‘‘(B) submit to the appropriate committees of
Congress a report on the findings of the review
under subparagraph (A), including, as appropriate,
information on any plans to modify any regulation,
directive, policy, or procedure based on the review.
‘‘(2) CONSULTATION.—In preparing the report under
paragraph (1), the Administrator shall consult with—
‘‘(A) ASAC;
‘‘(B) the Surface Transportation Security Advisory Committee under section 404 of the Homeland
Security Act of 2002 [6 U.S.C. 204]; and
‘‘(C) appropriate public and private stakeholders.’’
[For definitions of terms used in section 1931 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of
Div. K of Pub. L. 115–254 note under section 101 of this
title.]
PUBLIC AREA BEST PRACTICES
Pub. L. 115–254, div. K, title I, § 1932, Oct. 5, 2018, 132
Stat. 3571, provided that:
‘‘(a) IN GENERAL.—The Administrator shall, in accordance with law and as received or developed, periodically submit information, on any best practices developed by the TSA or appropriate transportation
stakeholders related to protecting the public spaces of
transportation infrastructure from emerging threats,
to the following:
‘‘(1) Federal Security Directors at airports.
‘‘(2) Appropriate security directors for other modes
of transportation.
‘‘(3) Other appropriate transportation security
stakeholders.
‘‘(b) INFORMATION SHARING.—The Administrator shall,
in accordance with law—
‘‘(1) in coordination with the Office of the Director
of National Intelligence and industry partners, implement improvements to the Air Domain Intelligence
and Analysis Center to encourage increased participation from stakeholders and enhance government
and industry security information sharing on transportation
security
threats,
including
on
cybersecurity threat awareness;
‘‘(2) expand and improve the City and Airport
Threat Assessment or similar program to public and
private stakeholders to capture, quantify, communicate, and apply applicable intelligence to inform
transportation infrastructure mitigation measures,
such as—
‘‘(A) quantifying levels of risk by airport that can
be used to determine risk-based security mitigation
measures at each location; and
‘‘(B) determining random and surge employee inspection operations based on changing levels of
risk;
‘‘(3) continue to disseminate Transportation Intelligence Notes, tear-lines, and related intelligence
products to appropriate transportation security
stakeholders on a regular basis; and
‘‘(4) continue to conduct both regular routine and
threat-specific classified briefings between the TSA

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TITLE 49—TRANSPORTATION

and appropriate transportation sector stakeholders
on an individual or group basis to provide greater information sharing between public and private sectors.
‘‘(c) MASS NOTIFICATION.—The Administrator shall
encourage security stakeholders to utilize mass notification systems, including the Integrated Public Alert
Warning System of the Federal Emergency Management Agency and social media platforms, to disseminate information to transportation community employees, travelers, and the general public, as appropriate.
‘‘(d) PUBLIC AWARENESS PROGRAMS.—The Secretary,
in coordination with the Administrator, shall expand
public programs of the Department of Homeland Security and the TSA that increase security threat awareness, education, and training to include transportation
network public area employees, including airport and
transportation vendors, local hotels, cab and limousine
companies, ridesharing companies, cleaning companies,
gas station attendants, cargo operators, and general
aviation members.’’
[For definitions of terms used in section 1932 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of
Div. K of Pub. L. 115–254 note under section 101 of this
title.]
SURFACE TRANSPORTATION SECURITY ASSESSMENT AND
IMPLEMENTATION OF RISK-BASED STRATEGY
Pub. L. 115–254, div. K, title I, § 1964, Oct. 5, 2018, 132
Stat. 3604, provided that:
‘‘(a) SECURITY ASSESSMENT.—
‘‘(1) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act [Oct. 5, 2018], the Administrator shall complete an assessment of the
vulnerabilities of and risks to surface transportation
systems.
‘‘(2) CONSIDERATIONS.—In conducting the security
assessment under paragraph (1), the Administrator
shall, at a minimum—
‘‘(A) consider appropriate intelligence;
‘‘(B) consider security breaches and attacks at domestic and international surface transportation facilities;
‘‘(C) consider the vulnerabilities and risks associated with specific modes of surface transportation;
‘‘(D) evaluate the vetting and security training
of—
‘‘(i) employees in surface transportation; and
‘‘(ii) other individuals with access to sensitive
or secure areas of surface transportation networks; and
‘‘(E) consider input from—
‘‘(i) representatives of different modes of surface transportation;
‘‘(ii) representatives of critical infrastructure
entities;
‘‘(iii) the Transportation Systems Sector Coordinating Council; and
‘‘(iv) the heads of other relevant Federal departments or agencies.
‘‘(b) RISK-BASED SURFACE TRANSPORTATION SECURITY
STRATEGY.—
‘‘(1) IN GENERAL.—Not later than 180 days after the
date the security assessment under subsection (a) is
complete, the Administrator shall use the results of
the assessment—
‘‘(A) to develop and implement a cross-cutting,
risk-based surface transportation security strategy
that includes—
‘‘(i) all surface transportation modes;
‘‘(ii) a mitigating strategy that aligns with
each vulnerability and risk identified in subsection (a);
‘‘(iii) a planning process to inform resource allocation;
‘‘(iv) priorities, milestones, and performance
metrics to measure the effectiveness of the riskbased surface transportation security strategy;
and

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‘‘(v) processes for sharing relevant and timely
intelligence threat information with appropriate
stakeholders;
‘‘(B) to develop a management oversight strategy
that—
‘‘(i) identifies the parties responsible for the implementation, management, and oversight of the
risk-based surface transportation security strategy; and
‘‘(ii) includes a plan for implementing the riskbased surface transportation security strategy;
and
‘‘(C) to modify the risk-based budget and resource
allocations, in accordance with section 1965(c) [set
out as a note below], for the Transportation Security Administration.
‘‘(2) COORDINATED APPROACH.—In developing and implementing the risk-based surface transportation security strategy under paragraph (1), the Administrator shall coordinate with the heads of other relevant Federal departments or agencies, and stakeholders, as appropriate—
‘‘(A) to evaluate existing surface transportation
security programs, policies, and initiatives, including the explosives detection canine teams, for consistency with the risk-based security strategy and,
to the extent practicable, avoid any unnecessary
duplication of effort;
‘‘(B) to determine the extent to which stakeholder security programs, policies, and initiatives
address the vulnerabilities and risks to surface
transportation systems identified in subsection (a);
and
‘‘(C) subject to subparagraph (B), to mitigate each
vulnerability and risk to surface transportation
systems identified in subsection (a).
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—Not later than 180 days after the
date the security assessment under subsection (a) is
complete, the Administrator shall submit to the appropriate committees of Congress and the Inspector
General of the Department a report that—
‘‘(A) describes the process used to complete the
security assessment;
‘‘(B) describes the process used to develop the
risk-based security strategy;
‘‘(C) describes the risk-based security strategy;
‘‘(D) includes the management oversight strategy;
‘‘(E) includes—
‘‘(i) the findings of the security assessment;
‘‘(ii) a description of the actions recommended
or taken by the Administrator to mitigate the
vulnerabilities and risks identified in subsection
(a), including interagency coordination;
‘‘(iii) any recommendations for improving the
coordinated
approach
to
mitigating
vulnerabilities and risks to surface transportation systems; and
‘‘(iv) any recommended changes to the National
Infrastructure Protection Plan, the modal annexes to such plan, or relevant surface transportation security programs, policies, or initiatives;
and
‘‘(F) may contain a classified annex.
‘‘(2) PROTECTIONS.—In preparing the report, the Administrator shall take appropriate actions to safeguard information described by section 552(b) of title
5, United States Code, or protected from disclosure by
any other law of the United States.
‘‘(d) UPDATES.—Not less frequently than semiannually, the Administrator shall report to or brief the appropriate
committees
of
Congress
on
the
vulnerabilities of and risks to surface transportation
systems and how those vulnerabilities and risks affect
the risk-based security strategy.’’
[For definitions of terms used in section 1964 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of
Div. K of Pub. L. 115–254 note under section 101 of this
title.]

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RISK-BASED BUDGETING AND RESOURCE ALLOCATION
Pub. L. 115–254, div. K, title I, § 1965, Oct. 5, 2018, 132
Stat. 3606, provided that:
‘‘(a) REPORT.—In conjunction with the submission of
the Department’s annual budget request to the Office
of Management and Budget, the Administrator shall
submit to the appropriate committees of Congress a report that describes a risk-based budget and resource allocation plan for surface transportation sectors, within
and across modes, that—
‘‘(1) reflects the risk-based surface transportation
security strategy under section 1964(b) [set out as a
note above]; and
‘‘(2) is organized by appropriations account, program, project, and initiative.
‘‘(b) BUDGET TRANSPARENCY.—In submitting the annual budget of the United States Government under
section 1105 of title 31, United States Code, the President shall clearly distinguish the resources requested
for surface transportation security from the resources
requested for aviation security.
‘‘(c) RESOURCE REALLOCATION.—
‘‘(1) IN GENERAL.—Not later than 15 days after the
date on which the Transportation Security Administration allocates any resources or personnel, including personnel sharing, detailing, or assignment, or
the use of facilities, technology systems, or vetting
resources, for a nontransportation security purpose
or National Special Security Event (as defined in section 2001 of Homeland Security Act of 2002 (6 U.S.C.
601)), the Secretary shall provide the notification described in paragraph (2) to the appropriate committees of Congress.
‘‘(2) NOTIFICATION.—A notification described in this
paragraph shall include—
‘‘(A) the reason for and a justification of the resource or personnel allocation;
‘‘(B) the expected end date of the resource or personnel allocation; and
‘‘(C) the projected cost to the Transportation Security Administration of the personnel or resource
allocation.
‘‘(d) 5-YEAR CAPITAL INVESTMENT PLAN.—Not later
than 180 days after the date of enactment of this Act
[Oct. 5, 2018], the Administrator shall submit to the
Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Homeland Security of the House of Representatives a 5-year capital investment plan, consistent with the 5-year technology
investment plan under section 1611 of title XVI of the
Homeland Security Act of 2002 [6 U.S.C. 563], as amended by section 3 of the Transportation Security Acquisition Reform Act (Public Law 113–245; 128 Stat. 2871).’’
[For definitions of terms used in section 1965 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of
Div. K of Pub. L. 115–254 note under section 101 of this
title.]
TRANSPARENCY
Pub. L. 115–254, div. K, title I, § 1967, Oct. 5, 2018, 132
Stat. 3607, provided that:
‘‘(a) REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Oct. 5, 2018], and every
180 days thereafter, the Administrator [of the Transportation Security Administration] shall publish on a
public website information regarding the status of
each regulation relating to surface transportation security that is directed by law to be issued and that
has not been issued if not less than 2 years have
passed since the date of enactment of the law.
‘‘(2) CONTENTS.—The information published under
paragraph (1) shall include—
‘‘(A) an updated rulemaking schedule for the outstanding regulation;
‘‘(B) current staff allocations;
‘‘(C) data collection or research relating to the
development of the rulemaking;

‘‘(D) current efforts, if any, with security experts,
advisory committees, and other stakeholders; and
‘‘(E) other relevant details associated with the development of the rulemaking that impact the
progress of the rulemaking.
‘‘(b) INSPECTOR GENERAL REVIEW.—Not later than 180
days after the date of enactment of this Act, and every
2 years thereafter until all of the requirements under
titles XIII [6 U.S.C. 1111 et seq.], XIV [6 U.S.C. 1131 et
seq.], and XV [6 U.S.C. 1151 et seq.] of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1111 et seq.) and under this title [see Tables for
classification] have been fully implemented, the Inspector General of the Department shall submit to the
appropriate committees of Congress [Committees on
Commerce, Science, and Transportation and Homeland
Security and Governmental Affairs of the Senate and
Committee on Homeland Security of the House of Representatives] a report that—
‘‘(1) identifies the requirements under such titles of
that Act and under this title that have not been fully
implemented;
‘‘(2) describes what, if any, additional action is necessary; and
‘‘(3) includes recommendations regarding whether
any of the requirements under such titles of that Act
or this title should be amended or repealed.’’
TSA COUNTERTERRORISM ASSET DEPLOYMENT
Pub. L. 115–254, div. K, title I, § 1968(a), Oct. 5, 2018, 132
Stat. 3608, provided that:
‘‘(1) IN GENERAL.—If the Administrator [of the Transportation Security Administration] deploys any
counterterrorism personnel or resource, such as explosive detection sweeps, random bag inspections, or patrols by Visible Intermodal Prevention and Response
teams, to enhance security at a transportation system
or transportation facility for a period of not less than
180 consecutive days, the Administrator shall provide
sufficient notification to the system or facility operator, as applicable, not less than 14 days prior to terminating the deployment.
‘‘(2) EXCEPTION.—This subsection shall not apply if
the Administrator—
‘‘(A) determines there is an urgent security need for
the personnel or resource described in paragraph (1);
and
‘‘(B) notifies the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental
Affairs of the Senate and Committee on Homeland
Security of the House of Representatives] of the determination under subparagraph (A).’’
BEST PRACTICES TO SECURE AGAINST VEHICLE-BASED
ATTACKS
Pub. L. 115–254, div. K, title I, § 1982, Oct. 5, 2018, 132
Stat. 3620, provided that: ‘‘Not later than 180 days after
the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall disseminate best practices to public and
private stakeholders regarding how to enhance transportation security against the threat of a vehicle-based
terrorist attack.’’
RISK SCENARIOS
Pub. L. 115–254, div. K, title I, § 1986, Oct. 5, 2018, 132
Stat. 3621, provided that:
‘‘(a) IN GENERAL.—The Administrator shall annually
develop, consistent with the transportation modal security plans required under section 114(s) of title 49,
United States Code, risk-based priorities based on risk
assessments conducted or received by the Secretary
across all transportation modes that consider threats,
vulnerabilities, and consequences.
‘‘(b) SCENARIOS.—The Administrator shall ensure that
the risk-based priorities identified under subsection (a)
are informed by an analysis of terrorist attack scenarios for each transportation mode, including cyber-

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attack scenarios and intelligence and open source information about current and evolving threats.
‘‘(c) REPORT.—Not later than 120 days after the date
that annual risk-based priorities are developed under
subsection (a), the Administrator shall submit to the
appropriate committees of Congress a report that includes the following:
‘‘(1) Copies of the risk assessments for each transportation mode.
‘‘(2) A summary that ranks the risks within and
across modes.
‘‘(3) A description of the risk-based priorities for securing the transportation sector that identifies and
prioritizes the greatest security needs of such transportation sector, both across and within modes, in
the order that such priorities should be addressed.
‘‘(4) Information on the underlying methodologies
used to assess risks across and within each transportation mode and the basis for any assumptions regarding threats, vulnerabilities, and consequences
made in assessing and prioritizing risks within each
such mode and across modes.
‘‘(d) CLASSIFICATION.—The information provided
under subsection (c) may be submitted in a classified
format or unclassified format, as the Administrator
considers appropriate.’’
[For definitions of terms used in section 1986 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of
Div. K of Pub. L. 115–254 note under section 101 of this
title.]
INTEGRATED AND UNIFIED OPERATIONS CENTERS
Pub. L. 115–254, div. K, title I, § 1987, Oct. 5, 2018, 132
Stat. 3622, provided that:
‘‘(a) FRAMEWORK.—Not later than 120 days after the
date of enactment of this Act [Oct. 5, 2018], the Administrator, in consultation with the heads of other appropriate offices or components of the Department, shall
make available to public and private stakeholders a
framework for establishing an integrated and unified
operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents,
and other purposes, as determined appropriate by the
Administrator.
‘‘(b) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Administrator shall brief
the appropriate committees of Congress regarding the
establishment and activities of integrated and unified
operations centers at transportation facilities at which
the TSA has a presence.’’
[For definitions of terms used in section 1987 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of
Div. K of Pub. L. 115–254 note under section 101 of this
title.]
INFORMATION SHARING AND CYBERSECURITY
Pub. L. 115–254, div. K, title I, § 1989, Oct. 5, 2018, 132
Stat. 3624, provided that:
‘‘(a) FEDERAL SECURITY DIRECTORS.—[Amended section 44933 of this title.]
‘‘(b) PLAN TO IMPROVE INFORMATION SHARING.—
‘‘(1) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Oct. 5, 2018], the Administrator shall develop a plan to improve intelligence information sharing with State and local
transportation entities that includes best practices
to ensure that the information shared is actionable,
useful, and not redundant.
‘‘(2) CONTENTS.—The plan required under paragraph
(1) shall include the following:
‘‘(A) The incorporation of best practices for information sharing.
‘‘(B) The identification of areas of overlap and redundancy.
‘‘(C) An evaluation and incorporation of stakeholder input in the development of such plan.

Page 74

‘‘(D) The integration of any recommendations of
the Comptroller General of the United States on information sharing.
‘‘(3) SOLICITATION.—The Administrator shall solicit
on an annual basis input from appropriate stakeholders, including State and local transportation entities, on the quality and quantity of intelligence received by such stakeholders relating to information
sharing.
‘‘(c) BEST PRACTICES SHARING.—
‘‘(1) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Oct. 5, 2018], the Administrator shall establish a mechanism to share
with State and local transportation entities best
practices from across the law enforcement spectrum,
including Federal, State, local, and tribal entities,
that relate to employee training, employee professional development, technology development and deployment, hardening tactics, and passenger and employee awareness programs.
‘‘(2) CONSULTATION.—The Administrator shall solicit and incorporate stakeholder input—
‘‘(A) in developing the mechanism for sharing
best practices as required under paragraph (1); and
‘‘(B) not less frequently than annually on the
quality and quantity of information such stakeholders receive through the mechanism established
under such paragraph.
‘‘(d) CYBERSECURITY.—
‘‘(1) IN GENERAL.—The Administrator, in consultation with the Secretary, shall—
‘‘(A) not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], implement the
Framework for Improving Critical Infrastructure
Cybersecurity (referred to in this section as the
‘Framework’ developed by the National Institute of
Standards and Technology, and any update to such
Framework under section 2 of the National Institute of Standards and Technology Act (15 U.S.C.
272), to manage the agency’s cybersecurity risks;
and
‘‘(B) evaluate, on a periodic basis, but not less
often than biennially, the use of the Framework
under subparagraph (A).
‘‘(2) CYBERSECURITY ENHANCEMENTS TO AVIATION SECURITY ACTIVITIES.—The Secretary, in consultation
with the Secretary of Transportation, shall, upon request, conduct cybersecurity vulnerability assessments for airports and air carriers.
‘‘(3) TSA TRUSTED TRAVELER AND CREDENTIALING
PROGRAM CYBER EVALUATION.—
‘‘(A) EVALUATION REQUIRED.—Not later than 120
days after the date of enactment of this Act, the
Secretary shall—
‘‘(i) evaluate the cybersecurity of TSA trusted
traveler and credentialing programs that contain
personal information of specific individuals or information that identifies specific individuals, including the Transportation Worker Identification
Credential and PreCheck programs;
‘‘(ii) identify any cybersecurity risks under the
programs described in clause (i); and
‘‘(iii) develop remediation plans to address the
cybersecurity risks identified under clause (ii).
‘‘(B) SUBMISSION TO CONGRESS.—Not later than 30
days after the date the evaluation under subparagraph (A) is complete, the Secretary shall submit
to the appropriate committees of Congress information relating to such evaluation, including any
cybersecurity vulnerabilities identified and remediation plans to address such vulnerabilities. Such
submission shall be provided in a classified form.
‘‘(4) DEFINITIONS.—In this subsection, the terms
‘cybersecurity risk’ and ‘incident’ have the meanings
given the terms in section 227 [now section 2209] of
the Homeland Security Act of 2002 (6 U.S.C. 148) [now
6 U.S.C. 659].’’
[For definitions of terms used in section 1989 of Pub.
L. 115–254, set out above, see section 1902 of Pub. L.
115–254, set out as a Definitions of Terms in Title I of

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Div. K of Pub. L. 115–254 note under section 101 of this
title.]
SAFEGUARDING AND DISPOSAL OF PERSONAL INFORMATION OF REGISTERED TRAVELER PROGRAM PARTICIPANTS

Pub. L. 114–4, title V, § 536, Mar. 4, 2015, 129 Stat. 67,
provided that:
‘‘(a) Any company that collects or retains personal
information directly from any individual who participates in the Registered Traveler or successor program
of the Transportation Security Administration shall
hereafter safeguard and dispose of such information in
accordance with the requirements in—
‘‘(1) the National Institute for Standards and Technology Special Publication 800–30, entitled ‘Risk
Management Guide for Information Technology Systems’;
‘‘(2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled ‘Recommended Security Controls for Federal Information Systems and Organizations’; and
‘‘(3) any supplemental standards established by the
Administrator of the Transportation Security Administration (referred to in this section as the ‘Administrator’).
‘‘(b) The airport authority or air carrier operator
that sponsors the company under the Registered Traveler program shall hereafter be known as the ‘Sponsoring Entity’.
‘‘(c) The Administrator shall hereafter require any
company covered by subsection (a) to provide, not later
than 30 days after the date of enactment of this Act
[Mar. 4, 2015], to the Sponsoring Entity written certification that the procedures used by the company to
safeguard and dispose of information are in compliance
with the requirements under subsection (a). Such certification shall include a description of the procedures
used by the company to comply with such requirements.’’
REGISTERED TRAVELER PROGRAMS AND BIOMETRICALLYSECURE CARDS
Pub. L. 110–161, div. E, title V, § 571, Dec. 26, 2007, 121
Stat. 2093, provided that: ‘‘Effective no later than ninety days after the date of enactment of this Act [Dec. 26,
2007], the Transportation Security Administration shall
permit approved members of Registered Traveler programs to satisfy fully the required identity verification
procedures at security screening checkpoints by presenting a biometrically-secure Registered Traveler
card in lieu of the government-issued photo identification document required of non-participants: Provided,
That if their identity is not confirmed biometrically,
the standard identity and screening procedures will
apply: Provided further, That if the Assistant Secretary
(Transportation Security Administration) determines
this is a threat to civil aviation, then the Assistant
Secretary (Transportation Security Administration)
shall notify the Committees on Appropriations of the
Senate and House of Representatives five days in advance of such determination and require Registered
Travelers to present government-issued photo identification documents in conjunction with a biometrically-secure Registered Traveler card.’’
CONGRESSIONAL OVERSIGHT OF SECURITY ASSURANCE
FOR PUBLIC AND PRIVATE STAKEHOLDERS
Pub. L. 110–53, title XII, § 1203(b), Aug. 3, 2007, 121
Stat. 385, as amended by Pub. L. 115–254, div. K, title I,
§ 1904(b)(2), Oct. 5, 2018, 132 Stat. 3545, provided that:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary [of Homeland Security] shall provide a
semiannual report to the Committee on Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Homeland Security and
the Committee on Transportation and Infrastructure of
the House of Representatives that includes—

‘‘(A) the number of public and private stakeholders
who were provided with each report;
‘‘(B) a description of the measures the Secretary
has taken to ensure proper treatment and security
for any classified information to be shared with the
public and private stakeholders under the Plan; and
‘‘(C) an explanation of the reason for the denial of
transportation security information to any stakeholder who had previously received such information.
‘‘(2) NO REPORT REQUIRED IF NO CHANGES IN STAKEHOLDERS.—The Secretary is not required to provide a
semiannual report under paragraph (1) if no stakeholders have been added to or removed from the group
of persons with whom transportation security information is shared under the plan [probably should be
‘‘Plan’’] since the end of the period covered by the last
preceding semiannual report.’’
SPECIALIZED TRAINING
Pub. L. 110–53, title XVI, § 1611, Aug. 3, 2007, 121 Stat.
485, provided that: ‘‘The Administrator of the Transportation Security Administration shall provide advanced
training to transportation security officers for the development of specialized security skills, including behavior observation and analysis, explosives detection,
and document examination, in order to enhance the effectiveness of layered transportation security measures.’’
INAPPLICABILITY OF PERSONNEL LIMITATIONS AFTER
FISCAL YEAR 2007
Pub. L. 110–53, title XVI, § 1612, Aug. 3, 2007, 121 Stat.
485, provided that:
‘‘(a) IN GENERAL.—Notwithstanding any provision of
law, any statutory limitation on the number of employees in the Transportation Security Administration,
before or after its transfer to the Department of Homeland Security from the Department of Transportation,
does not apply after fiscal year 2007.
‘‘(b) AVIATION SECURITY.—Notwithstanding any provision of law imposing a limitation on the recruiting or
hiring of personnel into the Transportation Security
Administration to a maximum number of permanent
positions, the Secretary of Homeland Security shall recruit and hire such personnel into the Administration
as may be necessary—
‘‘(1) to provide appropriate levels of aviation security; and
‘‘(2) to accomplish that goal in such a manner that
the average aviation security-related delay experienced by airline passengers is reduced to a level of
less than 10 minutes.’’
LEASE OF PROPERTY TO TRANSPORTATION SECURITY
ADMINISTRATION EMPLOYEES
Pub. L. 109–90, title V, § 514, Oct. 18, 2005, 119 Stat.
2084, provided that: ‘‘Notwithstanding section 3302 of
title 31, United States Code, for fiscal year 2006 and
thereafter, the Administrator of the Transportation Security Administration may impose a reasonable charge
for the lease of real and personal property to Transportation Security Administration employees and for use
by Transportation Security Administration employees
and may credit amounts received to the appropriation
or fund initially charged for operating and maintaining
the property, which amounts shall be available, without fiscal year limitation, for expenditure for property
management, operation, protection, construction, repair, alteration, and related activities.’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 108–334, title V, § 516, Oct. 18, 2004, 118 Stat.
1318.
ACQUISITION MANAGEMENT SYSTEM OF THE
TRANSPORTATION SECURITY ADMINISTRATION
Pub. L. 109–90, title V, § 515, Oct. 18, 2005, 119 Stat.
2084, provided that: ‘‘For fiscal year 2006 and thereafter,
the acquisition management system of the Transpor-

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tation Security Administration shall apply to the acquisition of services, as well as equipment, supplies,
and materials.’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 108–334, title V, § 517, Oct. 18, 2004, 118 Stat.
1318.
REGISTERED TRAVELER PROGRAM FEE
Pub. L. 109–90, title V, § 540, Oct. 18, 2005, 119 Stat.
2088, provided that: ‘‘For fiscal year 2006 and thereafter,
notwithstanding section 553 of title 5, United States
Code, the Secretary of Homeland Security shall impose
a fee for any registered traveler program undertaken
by the Department of Homeland Security by notice in
the Federal Register, and may modify the fee from
time to time by notice in the Federal Register: Provided, That such fees shall not exceed the aggregate
costs associated with the program and shall be credited
to the Transportation Security Administration registered traveler fee account, to be available until expended.’’
ENHANCED SECURITY MEASURES
Pub. L. 107–71, title I, § 109, Nov. 19, 2001, 115 Stat. 613,
as amended by Pub. L. 107–296, title XIV, § 1403(b), Nov.
25, 2002, 116 Stat. 2306, provided that:
‘‘(a) IN GENERAL.—The Under Secretary of Transportation for Security [now the Administrator of the
Transportation Security Administration] 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

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thereafter until the Under Secretary [now the Administrator of the Transportation Security Administration]
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.]

§ 115. Transportation Security Oversight Board
(a) IN GENERAL.—There is established in the
Department of Homeland Security a board to be
known as the ‘‘Transportation Security Oversight Board’’.
(b) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Board
shall be composed of 7 members as follows:
(A) The Secretary of Homeland Security,
or the Secretary’s designee.
(B) The Secretary of Transportation, or
the Secretary’s designee.
(C) The Attorney General, or the Attorney
General’s designee.
(D) The Secretary of Defense, or the Secretary’s designee.
(E) The Secretary of the Treasury, or the
Secretary’s designee.
(F) The Director of National Intelligence,
or the Director’s designee.
(G) One member appointed by the President to represent the National Security
Council.
(2) CHAIRPERSON.—The Chairperson of the
Board shall be the Secretary of Homeland Security.
(c) DUTIES.—The Board shall—
(1) review and ratify or disapprove any regulation or security directive issued by the Administrator of the Transportation Security
Administration under section 114(l)(2) within
30 days after the date of issuance of such regulation or directive;
(2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;
(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies
and with carriers and other transportation
providers as appropriate;
(4) explore the technical feasibility of developing a common database of individuals who
may pose a threat to transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the Administrator regarding matters reviewed under paragraph (5).
(d) QUARTERLY MEETINGS.—The Board shall
meet at least quarterly.
(e) CONSIDERATION OF SECURITY INFORMATION.—
A majority of the Board may vote to close a
meeting of the Board to the public, except that
meetings shall be closed to the public whenever
classified,1 sensitive security information, or in1 So in original. The word ‘‘information’’ probably should be inserted.