49 U.S.C. § 114 : US Code - Section 114: Transportation Security Administration

Search 49 U.S.C. § 114 : US Code - Section 114: Transportation Security Administration

(a) In General. - The Transportation Security Administration
shall be an administration of the Department of Transportation.
(b) Under Secretary. -
(1) Appointment. - The head of the Administration shall be the
Under Secretary of Transportation for Security. The Under
Secretary shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) Qualifications. - The Under Secretary must -
(A) be a citizen of the United States; and
(B) have experience in a field directly related to
transportation or security.
(3) Term. - The term of office of an individual appointed as
the Under Secretary shall be 5 years.
(c) Limitation on Ownership of Stocks and Bonds. - The Under
Secretary may not own stock in or bonds of a transportation or
security enterprise or an enterprise that makes equipment that
could be used for security purposes.
(d) Functions. - The Under Secretary shall be responsible for
security in all modes of transportation, including -
(1) carrying out chapter 449, relating to civil aviation
security, and related research and development activities; and
(2) security responsibilities over other modes of
transportation that are exercised by the Department of
Transportation.
(e) Screening Operations. - The Under Secretary shall -
(1) be responsible for day-to-day Federal security screening
operations for passenger air transportation and intrastate air
transportation under sections 44901 and 44935;
(2) develop standards for the hiring and retention of security
screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel to provide
security screening at all airports in the United States where
screening is required under section 44901, in consultation with
the Secretary of Transportation and the heads of other
appropriate Federal agencies and departments.
(f) Additional Duties and Powers. - In addition to carrying out
the functions specified in subsections (d) and (e), the Under
Secretary shall -
(1) receive, assess, and distribute intelligence information
related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for dealing with
threats to transportation security;
(4) make other plans related to transportation security,
including coordinating countermeasures with appropriate
departments, agencies, and instrumentalities of the United States
Government;
(5) serve as the primary liaison for transportation security to
the intelligence and law enforcement communities;
(6) on a day-to-day basis, manage and provide operational
guidance to the field security resources of the Administration,
including Federal Security Managers as provided by section 44933;
(7) enforce security-related regulations and requirements;
(8) identify and undertake research and development activities
necessary to enhance transportation security;
(9) inspect, maintain, and test security facilities, equipment,
and systems;
(10) ensure the adequacy of security measures for the
transportation of cargo;
(11) oversee the implementation, and ensure the adequacy, of
security measures at airports and other transportation
facilities;
(12) require background checks for airport security screening
personnel, individuals with access to secure areas of airports,
and other transportation security personnel;
(13) work in conjunction with the Administrator of the Federal
Aviation Administration with respect to any actions or activities
that may affect aviation safety or air carrier operations;
(14) work with the International Civil Aviation Organization
and appropriate aeronautic authorities of foreign governments
under section 44907 to address security concerns on passenger
flights by foreign air carriers in foreign air transportation;
and
(15) carry out such other duties, and exercise such other
powers, relating to transportation security as the Under
Secretary considers appropriate, to the extent authorized by law.
(g) National Emergency Responsibilities. -
(1) In general. - Subject to the direction and control of the
Secretary, the Under Secretary, during a national emergency,
shall have the following responsibilities:
(A) To coordinate domestic transportation, including
aviation, rail, and other surface transportation, and maritime
transportation (including port security).
(B) To coordinate and oversee the transportation-related
responsibilities of other departments and agencies of the
Federal Government other than the Department of Defense and the
military departments.
(C) To coordinate and provide notice to other departments and
agencies of the Federal Government, and appropriate agencies of
State and local governments, including departments and agencies
for transportation, law enforcement, and border control, about
threats to transportation.
(D) To carry out such other duties, and exercise such other
powers, relating to transportation during a national emergency
as the Secretary shall prescribe.
(2) Authority of other departments and agencies. - The
authority of the Under Secretary under this subsection shall not
supersede the authority of any other department or agency of the
Federal Government under law with respect to transportation or
transportation-related matters, whether or not during a national
emergency.
(3) Circumstances. - The Secretary shall prescribe the
circumstances constituting a national emergency for purposes of
this subsection.
(h) Management of Security Information. - In consultation with
the Transportation Security Oversight Board, the Under Secretary
shall -
(1) enter into memoranda of understanding with Federal agencies
or other entities to share or otherwise cross-check as necessary
data on individuals identified on Federal agency databases who
may pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the
Federal Aviation Administration, appropriate State and local law
enforcement officials, and airport or airline security officers
of the identity of individuals known to pose, or suspected of
posing, a risk of air piracy or terrorism or a threat to airline
or passenger safety;
(3) in consultation with other appropriate Federal agencies and
air carriers, establish policies and procedures requiring air
carriers -
(A) to use information from government agencies to identify
individuals on passenger lists who may be a threat to civil
aviation or national security; and
(B) if such an individual is identified, notify appropriate
law enforcement agencies, prevent the individual from boarding
an aircraft, or take other appropriate action with respect to
that individual; and
(4) consider requiring passenger air carriers to share
passenger lists with appropriate Federal agencies for the purpose
of identifying individuals who may pose a threat to aviation
safety or national security.
(i) View of NTSB. - In taking any action under this section that
could affect safety, the Under Secretary shall give great weight to
the timely views of the National Transportation Safety Board.
(j) Acquisitions. -
(1) In general. - The Under Secretary is authorized -
(A) to acquire (by purchase, lease, condemnation, or
otherwise) such real property, or any interest therein, within
and outside the continental United States, as the Under
Secretary considers necessary;
(B) to acquire (by purchase, lease, condemnation, or
otherwise) and to construct, repair, operate, and maintain such
personal property (including office space and patents), or any
interest therein, within and outside the continental United
States, as the Under Secretary considers necessary;
(C) to lease to others such real and personal property and to
provide by contract or otherwise for necessary facilities for
the welfare of its employees and to acquire, maintain, and
operate equipment for these facilities;
(D) to acquire services, including such personal services as
the Secretary determines necessary, and to acquire (by
purchase, lease, condemnation, or otherwise) and to construct,
repair, operate, and maintain research and testing sites and
facilities; and
(E) in cooperation with the Administrator of the Federal
Aviation Administration, to utilize the research and
development facilities of the Federal Aviation Administration.
(2) Title. - Title to any property or interest therein acquired
pursuant to this subsection shall be held by the Government of
the United States.
(k) Transfers of Funds. - The Under Secretary is authorized to
accept transfers of unobligated balances and unexpended balances of
funds appropriated to other Federal agencies (as such term is
defined in section 551(1) of title 5) to carry out functions
transferred, on or after the date of enactment of the Aviation and
Transportation Security Act, by law to the Under Secretary.
(l) Regulations. -
(1) In general. - The Under Secretary is authorized to issue,
rescind, and revise such regulations as are necessary to carry
out the functions of the Administration.
(2) Emergency procedures. -
(A) In general. - Notwithstanding any other provision of law
or executive order (including an executive order requiring a
cost-benefit analysis), if the Under Secretary determines that
a regulation or security directive must be issued immediately
in order to protect transportation security, the Under
Secretary shall issue the regulation or security directive
without providing notice or an opportunity for comment and
without prior approval of the Secretary.
(B) Review by transportation security oversight board. - Any
regulation or security directive issued under this paragraph
shall be subject to review by the Transportation Security
Oversight Board established under section 115. Any regulation
or security directive issued under this paragraph shall remain
effective for a period not to exceed 90 days unless ratified or
disapproved by the Board or rescinded by the Under Secretary.
(3) Factors to consider. - In determining whether to issue,
rescind, or revise a regulation under this section, the Under
Secretary shall consider, as a factor in the final determination,
whether the costs of the regulation are excessive in relation to
the enhancement of security the regulation will provide. The
Under Secretary may waive requirements for an analysis that
estimates the number of lives that will be saved by the
regulation and the monetary value of such lives if the Under
Secretary determines that it is not feasible to make such an
estimate.
(4) Airworthiness objections by faa. -
(A) In general. - The Under Secretary shall not take an
aviation security action under this title if the Administrator
of the Federal Aviation Administration notifies the Under
Secretary that the action could adversely affect the
airworthiness of an aircraft.
(B) Review by secretary. - Notwithstanding subparagraph (A),
the Under Secretary may take such an action, after receiving a
notification concerning the action from the Administrator under
subparagraph (A), if the Secretary of Transportation
subsequently approves the action.
(m) Personnel and Services; Cooperation by Under Secretary. -
(1) Authority of under secretary. - In carrying out the
functions of the Administration, the Under Secretary shall have
the same authority as is provided to the Administrator of the
Federal Aviation Administration under subsections (l) and (m) of
section 106.
(2) Authority of agency heads. - The head of a Federal agency
shall have the same authority to provide services, supplies,
equipment, personnel, and facilities to the Under Secretary as
the head has to provide services, supplies, equipment, personnel,
and facilities to the Administrator of the Federal Aviation
Administration under section 106(m).
(n) Personnel Management System. - The personnel management
system established by the Administrator of the Federal Aviation
Administration under section 40122 shall apply to employees of the
Transportation Security Administration, or, subject to the
requirements of such section, the Under Secretary may make such
modifications to the personnel management system with respect to
such employees as the Under Secretary considers appropriate, such
as adopting aspects of other personnel systems of the Department of
Transportation.
(o) Acquisition Management System. - The acquisition management
system established by the Administrator of the Federal Aviation
Administration under section 40110 shall apply to acquisitions of
equipment, supplies, and materials by the Transportation Security
Administration, or, subject to the requirements of such section,
the Under Secretary may make such modifications to the acquisition
management system with respect to such acquisitions of equipment,
supplies, and materials as the Under Secretary considers
appropriate, such as adopting aspects of other acquisition
management systems of the Department of Transportation.
(p) Authority of Inspector General. - The Transportation Security
Administration shall be subject to the Inspector General Act of
1978 (5 U.S.C. App.) and other laws relating to the authority of
the Inspector General of the Department of Transportation.
(q) Law Enforcement Powers. -
(1) In general. - The Under Secretary may designate an employee
of the Transportation Security Administration or other Federal
agency to serve as a law enforcement officer.
(2) Powers. - While engaged in official duties of the
Administration as required to fulfill the responsibilities under
this section, a law enforcement officer designated under
paragraph (1) may -
(A) carry a firearm;
(B) make an arrest without a warrant for any offense against
the United States committed in the presence of the officer, or
for any felony cognizable under the laws of the United States
if the officer has probable cause to believe that the person to
be arrested has committed or is committing the felony; and
(C) seek and execute warrants for arrest or seizure of
evidence issued under the authority of the United States upon
probable cause that a violation has been committed.
(3) Guidelines on exercise of authority. - The authority
provided by this subsection shall be exercised in accordance with
guidelines prescribed by the Under Secretary, in consultation
with the Attorney General of the United States, and shall include
adherence to the Attorney General's policy on use of deadly
force.
(4) Revocation or suspension of authority. - The powers
authorized by this subsection may be rescinded or suspended
should the Attorney General determine that the Under Secretary
has not complied with the guidelines prescribed in paragraph (3)
and conveys the determination in writing to the Secretary of
Transportation and the Under Secretary.
(r) Authority To Exempt. - The Under Secretary may grant an
exemption from a regulation prescribed in carrying out this section
if the Under Secretary determines that the exemption is in the
public interest.
(s) Nondisclosure of Security Activities. -
(1) In general. - Notwithstanding section 552 of title 5, the
Under Secretary shall prescribe regulations prohibiting the
disclosure of information obtained or developed in carrying out
security under authority of the Aviation and Transportation
Security Act (Public Law 107-71) or under chapter 449 of this
title if the Under Secretary decides that disclosing the
information would -
(A) be an unwarranted invasion of personal privacy;
(B) reveal a trade secret or privileged or confidential
commercial or financial information; or
(C) be detrimental to the security of transportation.
(2) Availability of information to congress. - Paragraph (1)
does not authorize information to be withheld from a committee of
Congress authorized to have the information.
(3) Limitation on transferability of duties. - Except as
otherwise provided by law, the Under Secretary may not transfer a
duty or power under this subsection to another department,
agency, or instrumentality of the United States.
(t) 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.
(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 other public transportation
infrastructure assets that could be at risk of such an attack
or disruption.
(B) The development of risk-based priorities 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, and
local authorities and establishes mechanisms for encouraging
private sector cooperation and participation in the
implementation of such plan.
(E) A comprehensive delineation of response and recovery
responsibilities and issues regarding threatened and executed
acts of terrorism within the United States.
(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.
(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.
(ii) Content. - 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.
(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 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.
(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; and
(iv) any other transportation security plan or report that
the Secretary of Homeland Security determines appropriate for
inclusion.