Transportation Security Administration

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TITLE 49—TRANSPORTATION

and civil penalties for violators must be utilized to
deter future violations.
‘‘(3) The Department of Transportation is failing to
meet statutorily mandated deadlines for completing
rulemaking proceedings on motor carrier safety and,
in some significant safety rulemaking proceedings,
including driver hours-of-service regulations, extensive periods have elapsed without progress toward
resolution or implementation.
‘‘(4) Too few motor carriers undergo compliance reviews and the Department’s data bases and information systems require substantial improvement to enhance the Department’s ability to target inspection
and enforcement resources toward the most serious
safety problems and to improve States’ ability to
keep dangerous drivers off the roads.
‘‘(5) Additional safety inspectors and inspection facilities are needed in international border areas to
ensure that commercial motor vehicles, drivers, and
carriers comply with United States safety standards.
‘‘(6) The Department should rigorously avoid conflicts of interest in federally funded research.
‘‘(7) Meaningful measures to improve safety must
be implemented expeditiously to prevent increases in
motor carrier crashes, injuries, and fatalities.
‘‘(8) Proper use of Federal resources is essential to
the Department’s ability to improve its research,
rulemaking, oversight, and enforcement activities related to commercial motor vehicles, operators, and
carriers.’’
PURPOSES
Pub. L. 106–159, § 4, Dec. 9, 1999, 113 Stat. 1749, provided
that: ‘‘The purposes of this Act [see Tables for classification] are—
‘‘(1) to improve the administration of the Federal
motor carrier safety program and to establish a Federal Motor Carrier Safety Administration in the Department of Transportation; and
‘‘(2) to reduce the number and severity of largetruck involved crashes through more commercial
motor vehicle and operator inspections and motor
carrier compliance reviews, stronger enforcement
measures against violators, expedited completion of
rulemaking proceedings, scientifically sound research, and effective commercial driver’s license testing, recordkeeping and sanctions.’’
SAVINGS PROVISION
Pub. L. 106–159, title I, § 106, Dec. 9, 1999, 113 Stat. 1756,
provided that:
‘‘(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as
otherwise provided in this Act [see Tables for classification] and the amendments made by this Act, those
personnel, property, and records employed, used, held,
available, or to be made available in connection with a
function transferred to the Federal Motor Carrier Safety Administration by this Act shall be transferred to
the Administration for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, and other funds of the Office of
Motor Carrier Safety (including any predecessor entity) shall also be transferred to the Administration.
‘‘(b) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts,
settlements, agreements, certificates, licenses, and
privileges—
‘‘(1) that have been issued, made, granted, or allowed to become effective by the Office, any officer or
employee of the Office, or any other Government official, or by a court of competent jurisdiction, in the
performance of any function that is transferred by
this Act or the amendments made by this Act; and
‘‘(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant
to their terms as in effect on such effective date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
in accordance with law by the Administration, any

§ 114

other authorized official, a court of competent jurisdiction, or operation of law.
‘‘(c) PROCEEDINGS.—
‘‘(1) IN GENERAL.—The provisions of this Act shall
not affect any proceedings or any application for any
license pending before the Office at the time this Act
takes effect [see Effective Date of 1999 Amendment
note set out under section 104 of this title], insofar as
those functions are transferred by this Act; but such
proceedings and applications, to the extent that they
relate to functions so transferred, shall be continued.
Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not
been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this
subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and
conditions and to the same extent that such proceeding could have been discontinued or modified if this
Act had not been enacted.
‘‘(3) ORDERLY TRANSFER.—The Secretary is authorized to provide for the orderly transfer of pending
proceedings from the Office.
‘‘(d) SUITS.—
‘‘(1) IN GENERAL.—This Act shall not affect suits
commenced before the date of the enactment of this
Act [Dec. 9, 1999], except as provided in paragraphs (2)
and (3). In all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this Act had
not been enacted.
‘‘(2) SUITS BY OR AGAINST OMCS.—Any suit by or
against the Office begun before January 1, 2000, shall
be continued, insofar as it involves a function retained and transferred under this Act, with the Administration (to the extent the suit involves functions transferred to the Administration under this
Act) substituted for the Office.
‘‘(3) REMANDED CASES.—If the court in a suit described in paragraph (1) remands a case to the Administration, subsequent proceedings related to such case
shall proceed in accordance with applicable law and
regulations as in effect at the time of such subsequent proceedings.
‘‘(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No
suit, action, or other proceeding commenced by or
against any officer in his official capacity as an officer
of the Office shall abate by reason of the enactment of
this Act. No cause of action by or against the Office, or
by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act.
‘‘(f) EXERCISE OF AUTHORITIES.—Except as otherwise
provided by law, an officer or employee of the Administration may, for purposes of performing a function
transferred by this Act or the amendments made by
this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for
the performance of the function immediately before the
effective date of the transfer of the function under this
Act or the amendments made by this Act.
‘‘(g) REFERENCES.—Any reference to the Office in any
Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining
to the Office or an officer or employee of the Office is
deemed to refer to the Administration or a member or
employee of the Administration, as appropriate.’’

§ 114. Transportation Security Administration
(a) IN GENERAL.—The Transportation Security
Administration shall be an administration of
the Department of Transportation.
(b) UNDER SECRETARY.—

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(1) APPOINTMENT.—The head of the Administration shall be the Under Secretary of Transportation for Security. The Under Secretary
shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) QUALIFICATIONS.—The Under Secretary
must—
(A) be a citizen of the United States; and
(B) have experience in a field directly related to transportation or security.
(3) TERM.—The term of office of an individual appointed as the Under Secretary shall be
5 years.
(c) LIMITATION ON OWNERSHIP OF STOCKS AND
BONDS.—The Under Secretary may not own
stock in or bonds of a transportation or security
enterprise or an enterprise that makes equipment that could be used for security purposes.
(d) FUNCTIONS.—The Under Secretary shall be
responsible for security in all modes of transportation, including—
(1) carrying out chapter 449, relating to civil
aviation security, and related research and development activities; and
(2) security responsibilities over other modes
of transportation that are exercised by the Department of Transportation.
(e) SCREENING OPERATIONS.—The Under Secretary shall—
(1) be responsible for day-to-day Federal security screening operations for passenger air
transportation and intrastate air transportation under sections 44901 and 44935;
(2) develop standards for the hiring and retention of security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States where screening is
required under section 44901, in consultation
with the Secretary of Transportation and the
heads of other appropriate Federal agencies
and departments.
(f) ADDITIONAL DUTIES AND POWERS.—In addition to carrying out the functions specified in
subsections (d) and (e), the Under Secretary
shall—
(1) receive, assess, and distribute intelligence information related to transportation
security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for
dealing with threats to transportation security;
(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments,
agencies, and instrumentalities of the United
States Government;
(5) serve as the primary liaison for transportation security to the intelligence and law enforcement communities;
(6) on a day-to-day basis, manage and provide operational guidance to the field security
resources of the Administration, including
Federal Security Managers as provided by section 44933;
(7) enforce security-related regulations and
requirements;

Page 50

(8) identify and undertake research and development activities necessary to enhance
transportation security;
(9) inspect, maintain, and test security facilities, equipment, and systems;
(10) ensure the adequacy of security measures for the transportation of cargo;
(11) oversee the implementation, and ensure
the adequacy, of security measures at airports
and other transportation facilities;
(12) require background checks for airport
security screening personnel, individuals with
access to secure areas of airports, and other
transportation security personnel;
(13) work in conjunction with the Administrator of the Federal Aviation Administration
with respect to any actions or activities that
may affect aviation safety or air carrier operations;
(14) work with the International Civil Aviation Organization and appropriate aeronautic
authorities of foreign governments under section 44907 to address security concerns on passenger flights by foreign air carriers in foreign
air transportation; and
(15) carry out such other duties, and exercise
such other powers, relating to transportation
security as the Under Secretary considers appropriate, to the extent authorized by law.
(g) NATIONAL EMERGENCY RESPONSIBILITIES.—
(1) IN GENERAL.—Subject to the direction and
control of the Secretary, the Under Secretary,
during a national emergency, shall have the
following responsibilities:
(A) To coordinate domestic transportation, including aviation, rail, and other
surface transportation, and maritime transportation (including port security).
(B) To coordinate and oversee the transportation-related responsibilities of other
departments and agencies of the Federal
Government other than the Department of
Defense and the military departments.
(C) To coordinate and provide notice to
other departments and agencies of the Federal Government, and appropriate agencies
of State and local governments, including
departments and agencies for transportation, law enforcement, and border control,
about threats to transportation.
(D) To carry out such other duties, and exercise such other powers, relating to transportation during a national emergency as
the Secretary shall prescribe.
(2) AUTHORITY OF OTHER DEPARTMENTS AND
AGENCIES.—The authority of the Under Secretary under this subsection shall not supersede the authority of any other department or
agency of the Federal Government under law
with respect to transportation or transportation-related matters, whether or not during
a national emergency.
(3) CIRCUMSTANCES.—The Secretary shall
prescribe the circumstances constituting a national emergency for purposes of this subsection.
(h) MANAGEMENT OF SECURITY INFORMATION.—
In consultation with the Transportation Security Oversight Board, the Under Secretary
shall—

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(1) enter into memoranda of understanding
with Federal agencies or other entities to
share or otherwise cross-check as necessary
data on individuals identified on Federal agency databases who may pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration, appropriate State and local law enforcement officials, and airport or airline security officers of the identity of individuals
known to pose, or suspected of posing, a risk
of air piracy or terrorism or a threat to airline
or passenger safety;
(3) in consultation with other appropriate
Federal agencies and air carriers, establish
policies and procedures requiring air carriers—
(A) to use information from government
agencies to identify individuals on passenger
lists who may be a threat to civil aviation or
national security; and
(B) if such an individual is identified, notify appropriate law enforcement agencies,
prevent the individual from boarding an aircraft, or take other appropriate action with
respect to that individual; and
(4) consider requiring passenger air carriers
to share passenger lists with appropriate Federal agencies for the purpose of identifying individuals who may pose a threat to aviation
safety or national security.
(i) VIEW OF NTSB.—In taking any action under
this section that could affect safety, the Under
Secretary shall give great weight to the timely
views of the National Transportation Safety
Board.
(j) ACQUISITIONS.—
(1) IN GENERAL.—The Under Secretary is authorized—
(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property,
or any interest therein, within and outside
the continental United States, as the Under
Secretary considers necessary;
(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct,
repair, operate, and maintain such personal
property (including office space and patents), or any interest therein, within and
outside the continental United States, as the
Under Secretary considers necessary;
(C) to lease to others such real and personal property and to provide by contract or
otherwise for necessary facilities for the
welfare of its employees and to acquire,
maintain, and operate equipment for these
facilities;
(D) to acquire services, including such personal services as the Secretary determines
necessary, and to acquire (by purchase,
lease, condemnation, or otherwise) and to
construct, repair, operate, and maintain research and testing sites and facilities; and
(E) in cooperation with the Administrator
of the Federal Aviation Administration, to
utilize the research and development facilities of the Federal Aviation Administration.
(2) TITLE.—Title to any property or interest
therein acquired pursuant to this subsection
shall be held by the Government of the United
States.

§ 114

(k) TRANSFERS OF FUNDS.—The Under Secretary is authorized to accept transfers of unobligated balances and unexpended balances of
funds appropriated to other Federal agencies (as
such term is defined in section 551(1) of title 5)
to carry out functions transferred, on or after
the date of enactment of the Aviation and
Transportation Security Act, by law to the
Under Secretary.
(l) REGULATIONS.—
(1) IN GENERAL.—The Under Secretary is authorized to issue, rescind, and revise such regulations as are necessary to carry out the
functions of the Administration.
(2) EMERGENCY PROCEDURES.—
(A) IN GENERAL.—Notwithstanding any
other provision of law or executive order (including an executive order requiring a costbenefit analysis), if the Under Secretary determines that a regulation or security directive must be issued immediately in order to
protect transportation security, the Under
Secretary shall issue the regulation or security directive without providing notice or an
opportunity for comment and without prior
approval of the Secretary.
(B) REVIEW BY TRANSPORTATION SECURITY
OVERSIGHT BOARD.—Any regulation or security directive issued under this paragraph
shall be subject to review by the Transportation Security Oversight Board established
under section 115. Any regulation or security
directive issued under this paragraph shall
remain effective for a period not to exceed 90
days unless ratified or disapproved by the
Board or rescinded by the Under Secretary.
(3) FACTORS TO CONSIDER.—In determining
whether to issue, rescind, or revise a regulation under this section, the Under Secretary
shall consider, as a factor in the final determination, whether the costs of the regulation
are excessive in relation to the enhancement
of security the regulation will provide. The
Under Secretary may waive requirements for
an analysis that estimates the number of lives
that will be saved by the regulation and the
monetary value of such lives if the Under Secretary determines that it is not feasible to
make such an estimate.
(4) AIRWORTHINESS OBJECTIONS BY FAA.—
(A) IN GENERAL.—The Under Secretary
shall not take an aviation security action
under this title if the Administrator of the
Federal Aviation Administration notifies
the Under Secretary that the action could
adversely affect the airworthiness of an aircraft.
(B) REVIEW BY SECRETARY.—Notwithstanding subparagraph (A), the Under Secretary
may take such an action, after receiving a
notification concerning the action from the
Administrator under subparagraph (A), if
the Secretary of Transportation subsequently approves the action.
(m) PERSONNEL AND SERVICES; COOPERATION BY
UNDER SECRETARY.—
(1) AUTHORITY OF UNDER SECRETARY.—In carrying out the functions of the Administration,
the Under Secretary shall have the same authority as is provided to the Administrator of

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the Federal Aviation Administration under
subsections (l) and (m) of section 106.
(2) AUTHORITY OF AGENCY HEADS.—The head
of a Federal agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the Under
Secretary as the head has to provide services,
supplies, equipment, personnel, and facilities
to the Administrator of the Federal Aviation
Administration under section 106(m).
(n) PERSONNEL MANAGEMENT SYSTEM.—The
personnel management system established by
the Administrator of the Federal Aviation Administration under section 40122 shall apply to
employees of the Transportation Security Administration, or, subject to the requirements of
such section, the Under Secretary may make
such modifications to the personnel management system with respect to such employees as
the Under Secretary considers appropriate, such
as adopting aspects of other personnel systems
of the Department of Transportation.
(o) AUTHORITY OF INSPECTOR GENERAL.—The
Transportation Security Administration shall
be subject to the Inspector General Act of 1978 (5
U.S.C. App.) and other laws relating to the authority of the Inspector General of the Department of Transportation.
(p) LAW ENFORCEMENT POWERS.—
(1) IN GENERAL.—The Under Secretary may
designate an employee of the Transportation
Security Administration or other Federal
agency to serve as a law enforcement officer.
(2) POWERS.—While engaged in official duties
of the Administration as required to fulfill the
responsibilities under this section, a law enforcement officer designated under paragraph
(1) may—
(A) carry a firearm;
(B) make an arrest without a warrant for
any offense against the United States committed in the presence of the officer, or for
any felony cognizable under the laws of the
United States if the officer has probable
cause to believe that the person to be arrested has committed or is committing the
felony; and
(C) seek and execute warrants for arrest or
seizure of evidence issued under the authority of the United States upon probable cause
that a violation has been committed.
(3) GUIDELINES ON EXERCISE OF AUTHORITY.—
The authority provided by this subsection
shall be exercised in accordance with guidelines prescribed by the Under Secretary, in
consultation with the Attorney General of the
United States, and shall include adherence to
the Attorney General’s policy on use of deadly
force.
(4) REVOCATION OR SUSPENSION OF AUTHORITY.—The powers authorized by this subsection
may be rescinded or suspended should the Attorney General determine that the Under Secretary has not complied with the guidelines
prescribed in paragraph (3) and conveys the determination in writing to the Secretary of
Transportation and the Under Secretary.
(q) AUTHORITY TO EXEMPT.—The Under Secretary may grant an exemption from a regulation prescribed in carrying out this section if

Page 52

the Under Secretary determines that the exemption is in the public interest.
(r) NONDISCLOSURE OF SECURITY ACTIVITIES.—
(1) IN GENERAL.—Notwithstanding section 552
of title 5, the Under Secretary shall prescribe
regulations prohibiting the disclosure of information obtained or developed in carrying out
security under authority of the Aviation and
Transportation Security Act (Public Law
107–71) or under chapter 449 of this title if the
Under Secretary decides that disclosing the
information would—
(A) be an unwarranted invasion of personal
privacy;
(B) reveal a trade secret or privileged or
confidential commercial or financial information; or
(C) be detrimental to the security of transportation.
(2) AVAILABILITY OF INFORMATION TO CONGRESS.—Paragraph (1) does not authorize information to be withheld from a committee of
Congress authorized to have the information.
(3) LIMITATION ON TRANSFERABILITY OF DUTIES.—Except as otherwise provided by law,
the Under Secretary may not transfer a duty
or power under this subsection to another department, agency, or instrumentality of the
United States.
(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

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TITLE 49—TRANSPORTATION

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
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 1 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
1 So in original. Probably should be followed by a closing parenthesis.

§ 114

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) SUBMISSIONS OF PLANS TO CONGRESS.—
(A) INITIAL STRATEGY.—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.
(B) SUBSEQUENT VERSIONS.—After December 31, 2005, 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 even-numbered year.
(C) 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, work-

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

(D) 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.
(E) 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

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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.
(u) 2 TRANSPORTATION SECURITY INFORMATION
SHARING PLAN.—
(1) DEFINITIONS.—In this subsection:
(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional
committees’’ has the meaning given that
term in subsection (t).3
(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) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Homeland Security.
(E) 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 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
2 So
3 So

in original. There is no subsec. (t).
in original. Probably should be ‘‘subsection (s).’’.

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TITLE 49—TRANSPORTATION

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 that has the primary
authority, or has been delegated such authority by the Secretary, to regulate the security of that transportation mode;
(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) REPORTS TO CONGRESS.—
(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.
(7) SURVEY AND REPORT.—
(A) IN GENERAL.—The Comptroller General
of the United States shall conduct a biennial
survey of the satisfaction of recipients of
transportation intelligence reports disseminated under the Plan.
(B) INFORMATION SOUGHT.—The survey conducted under subparagraph (A) shall seek information about the quality, speed, regularity, and classification of the transportation
security information products disseminated
by the Department of Homeland Security to
public and private stakeholders.
(C) REPORT.—Not later than 1 year after
the date of the enactment of the Implementing Recommendations of the 9/11 Commis-

§ 114

sion Act of 2007, and every even numbered
year thereafter, the Comptroller General
shall submit to the appropriate congressional committees, a report on the results of
the survey conducted under subparagraph
(A). The Comptroller General shall also provide a copy of the report to the Secretary.
(8) SECURITY CLEARANCES.—The Secretary
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.
(9) CLASSIFICATION OF MATERIAL.—The Secretary, to the greatest extent practicable,
shall provide designated public and private
stakeholders with transportation security information in an unclassified format.
(v) 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 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

(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’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.—

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TITLE 49—TRANSPORTATION

(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 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 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 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 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
receives the request not later than 30 days
after the date on which the person receives
notice.
(4) COMPROMISE AND SETOFF.—
(A) The Secretary 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.
(6) DEFINITIONS.—In this subsection:
(A) PERSON.—The term ‘‘person’’ does not
include—

Page 56

(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.—Not later than December
31, 2008, and annually thereafter, the Secretary 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.
(D) ENFORCEMENT GUIDANCE.—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.
(w) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of Homeland Security for—
(1) railroad security—
(A) $488,000,000 for fiscal year 2008;
(B) $483,000,000 for fiscal year 2009;
(C) $508,000,000 for fiscal year 2010; and
(D) $508,000,000 for fiscal year 2011;
(2) over-the-road bus and trucking security—
(A) $14,000,000 for fiscal year 2008;
(B) $27,000,000 for fiscal year 2009;
(C) $27,000,000 for fiscal year 2010; and
(D) $27,000,000 for fiscal year 2011; and
(3) hazardous material and pipeline security—
(A) $12,000,000 for fiscal year 2008;
(B) $12,000,000 for fiscal year 2009; and
(C) $12,000,000 for fiscal year 2010.
(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.)
REFERENCES IN TEXT
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (k), is the

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date of enactment of Pub. L. 107–71, which was approved
Nov. 19, 2001.
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 40101 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 and the
date of enactment of this subsection, referred to in subsecs. (s)(3)(F), (u)(6), (7)(C), and (v)(7)(D), is the date of
enactment of Pub. L. 110–53, which was approved Aug.
3, 2007.
AMENDMENTS
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 management system with respect to such acquisitions of
equipment, supplies, and materials as the Under Secretary considers appropriate, such as adopting aspects
of other acquisition management systems of the Department of Transportation.’’
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).

§ 114

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).
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.
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.

§ 114

TITLE 49—TRANSPORTATION

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, 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, under section 114(u)(7) of title 49, United
States Code, as added by this section, or otherwise, 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 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

Page 58

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 Transportation 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 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

Page 59

participate in such programs, thereby allowing security screening personnel to focus on those passengers
who should be subject to more extensive screening.
‘‘(4) In consultation with the Commissioner of the
Food and Drug Administration, develop alternative
security procedures under which a medical product to
be transported on a flight of an air carrier would not
be subject to an inspection that would irreversibly
damage the product.
‘‘(5) Provide for the use of technologies, including
wireless and wire line data technologies, to enable
the private and secure communication of threats to
aid in the screening of passengers and other individuals on airport property who are identified on any
State or Federal security-related data base for the
purpose of having an integrated response coordination of various authorized airport security forces.
‘‘(6) In consultation with the Administrator of the
Federal Aviation Administration, consider whether
to require all pilot licenses to incorporate a photograph of the license holder and appropriate biometric
imprints.
‘‘(7) Provide for the use of voice stress analysis, biometric, or other technologies to prevent a person who
might pose a danger to air safety or security from
boarding the aircraft of an air carrier or foreign air
carrier in air transportation or intrastate air transportation.
‘‘(8) Provide for the use of technology that will permit enhanced instant communications and information between airborne passenger aircraft and appropriate individuals or facilities on the ground.
‘‘(9) Require that air carriers provide flight attendants with a discreet, hands-free, wireless method of
communicating with the pilots.
‘‘(b) REPORT.—Not later than 6 months after the date
of enactment of this Act [Nov. 19, 2001], and annually
thereafter until the Under Secretary has implemented
or decided not to take each of the actions specified in
subsection (a), the Under Secretary shall transmit to
Congress a report on the progress of the Under Secretary in evaluating and taking such actions, including
any legislative recommendations that the Under Secretary may have for enhancing transportation security.’’
[For definitions of terms used in section 109 of Pub.
L. 107–71, set out above, see section 133 of Pub. L. 107–71,
set out as a note under section 40102 of this title.]

§ 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—

§ 115

TITLE 49—TRANSPORTATION

(1) review and ratify or disapprove any regulation or security directive issued by the
Under Secretary of Transportation for security 1 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 Under Secretary 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, sensitive security information, or information protected in accordance with section
40119(b), will be discussed.
(Added Pub. L. 107–71, title I, § 102(a), Nov. 19,
2001, 115 Stat. 604; amended Pub. L. 107–296, title
IV, § 426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L.
111–259, title IV, § 411, Oct. 7, 2010, 124 Stat. 2725.)
AMENDMENTS
2010—Subsec. (b)(1)(F). Pub. L. 111–259 amended subpar. (F) generally. Prior to amendment, subpar. (F)
read as follows: ‘‘The Director of the Central Intelligence Agency, or the Director’s designee.’’
2002—Subsec. (a). Pub. L. 107–296, § 426(a)(1), substituted ‘‘Department of Homeland Security’’ for ‘‘Department of Transportation’’.
Subsec. (b)(1). Pub. L. 107–296, § 426(a)(2), added subpar. (A), redesignated former subpars. (A) to (F) as (B)
to (G), respectively, and struck out former subpar. (G)
which read as follows: ‘‘One member appointed by the
President to represent the Office of Homeland Security.’’
Subsec. (b)(2). Pub. L. 107–296, § 426(a)(3), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Secretary of
Transportation’’.
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.
1 So

in original. Probably should be capitalized.