§ 114. — Transportation Security Administration.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC114]
TITLE 49--TRANSPORTATION
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
CHAPTER 1--ORGANIZATION
Sec. 114. Transportation Security Administration
(a) In General.--The Transportation Security Administration shall be
an administration of the Department of Transportation.
(b) Under Secretary.--
(1) Appointment.--The head of the Administration shall be the
Under Secretary of Transportation for Security. The Under Secretary
shall be appointed by the President, by and with the advice and
consent of the Senate.
(2) Qualifications.--The Under Secretary must--
(A) be a citizen of the United States; and
(B) have experience in a field directly related to
transportation or security.
(3) Term.--The term of office of an individual appointed as the
Under Secretary shall be 5 years.
(c) Limitation on Ownership of Stocks and Bonds.--The Under
Secretary may not own stock in or bonds of a transportation or security
enterprise or an enterprise that makes equipment that could be used for
security purposes.
(d) Functions.--The Under Secretary shall be responsible for
security in all modes of transportation, including--
(1) carrying out chapter 449, relating to civil aviation
security, and related research and development activities; and
(2) security responsibilities over other modes of transportation
that are exercised by the Department of Transportation.
(e) Screening Operations.--The Under Secretary shall--
(1) be responsible for day-to-day Federal security screening
operations for passenger air transportation and intrastate air
transportation under sections 44901 and 44935;
(2) develop standards for the hiring and retention of security
screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel to provide
security screening at all airports in the United States where
screening is required under section 44901, in consultation with the
Secretary of Transportation and the heads of other appropriate
Federal agencies and departments.
(f) Additional Duties and Powers.--In addition to carrying out the
functions specified in subsections (d) and (e), the Under Secretary
shall--
(1) receive, assess, and distribute intelligence information
related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for dealing with
threats to transportation security;
(4) make other plans related to transportation security,
including coordinating countermeasures with appropriate departments,
agencies, and instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation security to
the intelligence and law enforcement communities;
(6) on a day-to-day basis, manage and provide operational
guidance to the field security resources of the Administration,
including Federal Security Managers as provided by section 44933;
(7) enforce security-related regulations and requirements;
(8) identify and undertake research and development activities
necessary to enhance transportation security;
(9) inspect, maintain, and test security facilities, equipment,
and systems;
(10) ensure the adequacy of security measures for the
transportation of cargo;
(11) oversee the implementation, and ensure the adequacy, of
security measures at airports and other transportation facilities;
(12) require background checks for airport security screening
personnel, individuals with access to secure areas of airports, and
other transportation security personnel;
(13) work in conjunction with the Administrator of the Federal
Aviation Administration with respect to any actions or activities
that may affect aviation safety or air carrier operations;
(14) work with the International Civil Aviation Organization and
appropriate aeronautic authorities of foreign governments under
section 44907 to address security concerns on passenger flights by
foreign air carriers in foreign air transportation; and
(15) carry out such other duties, and exercise such other
powers, relating to transportation security as the Under Secretary
considers appropriate, to the extent authorized by law.
(g) National Emergency Responsibilities.--
(1) In general.--Subject to the direction and control of the
Secretary, the Under Secretary, during a national emergency, shall
have the following responsibilities:
(A) To coordinate domestic transportation, including
aviation, rail, and other surface transportation, and maritime
transportation (including port security).
(B) To coordinate and oversee the transportation-related
responsibilities of other departments and agencies of the
Federal Government other than the Department of Defense and the
military departments.
(C) To coordinate and provide notice to other departments
and agencies of the Federal Government, and appropriate agencies
of State and local governments, including departments and
agencies for transportation, law enforcement, and border
control, about threats to transportation.
(D) To carry out such other duties, and exercise such other
powers, relating to transportation during a national emergency
as the Secretary shall prescribe.
(2) Authority of other departments and agencies.--The authority
of the Under Secretary under this subsection shall not supersede the
authority of any other department or agency of the Federal
Government under law with respect to transportation or
transportation-related matters, whether or not during a national
emergency.
(3) Circumstances.--The Secretary shall prescribe the
circumstances constituting a national emergency for purposes of this
subsection.
(h) Management of Security Information.--In consultation with the
Transportation Security Oversight Board, the Under Secretary shall--
(1) enter into memoranda of understanding with Federal agencies
or other entities to share or otherwise cross-check as necessary
data on individuals identified on Federal agency databases who may
pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the
Federal Aviation Administration, appropriate State and local law
enforcement officials, and airport or airline security officers of
the identity of individuals known to pose, or suspected of posing, a
risk of air piracy or terrorism or a threat to airline or passenger
safety;
(3) in consultation with other appropriate Federal agencies and
air carriers, establish policies and procedures requiring air
carriers--
(A) to use information from government agencies to identify
individuals on passenger lists who may be a threat to civil
aviation or national security; and
(B) if such an individual is identified, notify appropriate
law enforcement agencies, prevent the individual from boarding
an aircraft, or take other appropriate action with respect to
that individual; and
(4) consider requiring passenger air carriers to share passenger
lists with appropriate Federal agencies for the purpose of
identifying individuals who may pose a threat to aviation safety or
national security.
(i) View of NTSB.--In taking any action under this section that
could affect safety, the Under Secretary shall give great weight to the
timely views of the National Transportation Safety Board.
(j) Acquisitions.--
(1) In general.--The Under Secretary is authorized--
(A) to acquire (by purchase, lease, condemnation, or
otherwise) such real property, or any interest therein, within
and outside the continental United States, as the Under
Secretary considers necessary;
(B) to acquire (by purchase, lease, condemnation, or
otherwise) and to construct, repair, operate, and maintain such
personal property (including office space and patents), or any
interest therein, within and outside the continental United
States, as the Under Secretary considers necessary;
(C) to lease to others such real and personal property and
to provide by contract or otherwise for necessary facilities for
the welfare of its employees and to acquire, maintain, and
operate equipment for these facilities;
(D) to acquire services, including such personal services as
the Secretary determines necessary, and to acquire (by purchase,
lease, condemnation, or otherwise) and to construct, repair,
operate, and maintain research and testing sites and facilities;
and
(E) in cooperation with the Administrator of the Federal
Aviation Administration, to utilize the research and development
facilities of the Federal Aviation Administration.
(2) Title.--Title to any property or interest therein acquired
pursuant to this subsection shall be held by the Government of the
United States.
(k) Transfers of Funds.--The Under Secretary is authorized to accept
transfers of unobligated balances and unexpended balances of funds
appropriated to other Federal agencies (as such term is defined in
section 551(1) of title 5) to carry out functions transferred, on or
after the date of enactment of the Aviation and Transportation Security
Act, by law to the Under Secretary.
(l) Regulations.--
(1) In general.--The Under Secretary is authorized to issue,
rescind, and revise such regulations as are necessary to carry out
the functions of the Administration.
(2) Emergency procedures.--
(A) In general.--Notwithstanding any other provision of law
or executive order (including an executive order requiring a
cost-benefit analysis), if the Under Secretary determines that a
regulation or security directive must be issued immediately in
order to protect transportation security, the Under Secretary
shall issue the regulation or security directive without
providing notice or an opportunity for comment and without prior
approval of the Secretary.
(B) Review by transportation security oversight board.--Any
regulation or security directive issued under this paragraph
shall be subject to review by the Transportation Security
Oversight Board established under section 115. Any regulation or
security directive issued under this paragraph shall remain
effective for a period not to exceed 90 days unless ratified or
disapproved by the Board or rescinded by the Under Secretary.
(3) Factors to consider.--In determining whether to issue,
rescind, or revise a regulation under this section, the Under
Secretary shall consider, as a factor in the final determination,
whether the costs of the regulation are excessive in relation to the
enhancement of security the regulation will provide. The Under
Secretary may waive requirements for an analysis that estimates the
number of lives that will be saved by the regulation and the
monetary value of such lives if the Under Secretary determines that
it is not feasible to make such an estimate.
(4) Airworthiness objections by faa.--
(A) In general.--The Under Secretary shall not take an
aviation security action under this title if the Administrator
of the Federal Aviation Administration notifies the Under
Secretary that the action could adversely affect the
airworthiness of an aircraft.
(B) Review by secretary.--Notwithstanding subparagraph (A),
the Under Secretary may take such an action, after receiving a
notification concerning the action from the Administrator under
subparagraph (A), if the Secretary of Transportation
subsequently approves the action.
(m) Personnel and Services; Cooperation by Under Secretary.--
(1) Authority of under secretary.--In carrying out the functions
of the Administration, the Under Secretary shall have the same
authority as is provided to the Administrator of the Federal
Aviation Administration under subsections (l) and (m) of section
106.
(2) Authority of agency heads.--The head of a Federal agency
shall have the same authority to provide services, supplies,
equipment, personnel, and facilities to the Under Secretary as the
head has to provide services, supplies, equipment, personnel, and
facilities to the Administrator of the Federal Aviation
Administration under section 106(m).
(n) Personnel Management System.--The personnel management system
established by the Administrator of the Federal Aviation Administration
under section 40122 shall apply to employees of the Transportation
Security Administration, or, subject to the requirements of such
section, the Under Secretary may make such modifications to the
personnel management system with respect to such employees as the Under
Secretary considers appropriate, such as adopting aspects of other
personnel systems of the Department of Transportation.
(o) Acquisition Management System.--The acquisition management
system established by the Administrator of the Federal Aviation
Administration under section 40110 shall apply to acquisitions of
equipment, supplies, and materials by the Transportation Security
Administration, or, subject to the requirements of such section, the
Under Secretary may make such modifications to the acquisition
management system with respect to such acquisitions of equipment,
supplies, and materials as the Under Secretary considers appropriate,
such as adopting aspects of other acquisition management systems of the
Department of Transportation.
(p) Authority of Inspector General.--The Transportation Security
Administration shall be subject to the Inspector General Act of 1978 (5
U.S.C. App.) and other laws relating to the authority of the Inspector
General of the Department of Transportation.
(q) Law Enforcement Powers.--
(1) In general.--The Under Secretary may designate an employee
of the Transportation Security Administration or other Federal
agency to serve as a law enforcement officer.
(2) Powers.--While engaged in official duties of the
Administration as required to fulfill the responsibilities under
this section, a law enforcement officer designated under paragraph
(1) may--
(A) carry a firearm;
(B) make an arrest without a warrant for any offense against
the United States committed in the presence of the officer, or
for any felony cognizable under the laws of the United States if
the officer has probable cause to believe that the person to be
arrested has committed or is committing the felony; and
(C) seek and execute warrants for arrest or seizure of
evidence issued under the authority of the United States upon
probable cause that a violation has been committed.
(3) Guidelines on exercise of authority.--The authority provided
by this subsection shall be exercised in accordance with guidelines
prescribed by the Under Secretary, in consultation with the Attorney
General of the United States, and shall include adherence to the
Attorney General's policy on use of deadly force.
(4) Revocation or suspension of authority.--The powers
authorized by this subsection may be rescinded or suspended should
the Attorney General determine that the Under Secretary has not
complied with the guidelines prescribed in paragraph (3) and conveys
the determination in writing to the Secretary of Transportation and
the Under Secretary.
(r) Authority To Exempt.--The Under Secretary may grant an exemption
from a regulation prescribed in carrying out this section if the Under
Secretary determines that the exemption is in the public interest.
(s) Nondisclosure of Security Activities.--
(1) In general.--Notwithstanding section 552 of title 5, the
Under Secretary shall prescribe regulations prohibiting the
disclosure of information obtained or developed in carrying out
security under authority of the Aviation and Transportation Security
Act (Public Law 107-71) or under chapter 449 of this title if the
Under Secretary decides that disclosing the information would--
(A) be an unwarranted invasion of personal privacy;
(B) reveal a trade secret or privileged or confidential
commercial or financial information; or
(C) be detrimental to the security of transportation.
(2) Availability of information to congress.--Paragraph (1) does
not authorize information to be withheld from a committee of
Congress authorized to have the information.
(3) Limitation on transferability of duties.--Except as
otherwise provided by law, the Under Secretary may not transfer a
duty or power under this subsection to another department, agency,
or instrumentality of the United States.
(Added Pub. L. 107-71, title I, Sec. 101(a), Nov. 19, 2001, 115 Stat.
597; amended Pub. L. 107-296, title XVI, Sec. 1601(b), title XVII,
Sec. 1707, Nov. 25, 2002, 116 Stat. 2312, 2318; Pub. L. 108-7, div. I,
title III, Sec. 351(d), Feb. 20, 2003, 117 Stat. 420.)
References in Text
The date of enactment of the Aviation and Transportation Security
Act, referred to in subsec. (k), is the date of enactment of Pub. L.
107-71, which was approved Nov. 19, 2001.
The Inspector General Act of 1978, referred to in subsec. (p), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
The Aviation and Transportation Security Act, referred to in subsec.
(s)(1), is Pub. L. 107-71, Nov. 19, 2001, 115 Stat. 597, as amended. For
complete classification of this Act to the Code, see Short Title of 2001
Amendment note set out under section 40101 of this title and Tables.
Amendments
2003--Subsec. (q)(1). Pub. L. 108-7 inserted ``or other Federal
agency'' after ``Transportation Security Administration''.
2002--Subsec. (l)(2)(B). Pub. L. 107-296, Sec. 1707, inserted ``for
a period not to exceed 90 days'' after ``effective'' and ``ratified or''
before ``disapproved''.
Subsec. (s). Pub. L. 107-296, Sec. 1601(b), added subsec. (s).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Transportation Security Administration of the Department of
Transportation, including the functions of the Secretary of
Transportation, and of the Under Secretary of Transportation for
Security, relating thereto, to the Secretary of Homeland Security, and
for treatment of related references, see sections 203(2), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Enhanced Security Measures
Pub. L. 107-71, title I, Sec. 109, Nov. 19, 2001, 115 Stat. 613, as
amended by Pub. L. 107-296, title XIV, Sec. 1403(b), Nov. 25, 2002, 116
Stat. 2306, provided that:
``(a) In General.--The Under Secretary of Transportation for
Security may take the following actions:
``(1) Require effective 911 emergency call capability for
telephones serving passenger aircraft and passenger trains.
``(2) Establish a uniform system of identification for all State
and local law enforcement personnel for use in obtaining permission
to carry weapons in aircraft cabins and in obtaining access to a
secured area of an airport, if otherwise authorized to carry such
weapons.
``(3) Establish requirements to implement trusted passenger
programs and use available technologies to expedite the security
screening of passengers who participate in such programs, thereby
allowing security screening personnel to focus on those passengers
who should be subject to more extensive screening.
``(4) In consultation with the Commissioner of the Food and Drug
Administration, develop alternative security procedures under which
a medical product to be transported on a flight of an air carrier
would not be subject to an inspection that would irreversibly damage
the product.
``(5) Provide for the use of technologies, including wireless
and wire line data technologies, to enable the private and secure
communication of threats to aid in the screening of passengers and
other individuals on airport property who are identified on any
State or Federal security-related data base for the purpose of
having an integrated response coordination of various authorized
airport security forces.
``(6) In consultation with the Administrator of the Federal
Aviation Administration, consider whether to require all pilot
licenses to incorporate a photograph of the license holder and
appropriate biometric imprints.
``(7) Provide for the use of voice stress analysis, biometric,
or other technologies to prevent a person who might pose a danger to
air safety or security from boarding the aircraft of an air carrier
or foreign air carrier in air transportation or intrastate air
transportation.
``(8) Provide for the use of technology that will permit
enhanced instant communications and information between airborne
passenger aircraft and appropriate individuals or facilities on the
ground.
``(9) Require that air carriers provide flight attendants with a
discreet, hands-free, wireless method of communicating with the
pilots.
``(b) Report.--Not later than 6 months after the date of enactment
of this Act [Nov. 19, 2001], and annually thereafter until the Under
Secretary has implemented or decided not to take each of the actions
specified in subsection (a), the Under Secretary shall transmit to
Congress a report on the progress of the Under Secretary in evaluating
and taking such actions, including any legislative recommendations that
the Under Secretary may have for enhancing transportation security.''
[For definitions of terms used in section 109 of Pub. L. 107-71, set
out above, see section 133 of Pub. L. 107-71, set out as a note under
section 40102 of this title.]
Section Referred to in Other Sections
This section is referred to in sections 115, 20105, 46110 of this
title.
