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PURPOSES Act [Dec. 9, 1999], except as provided in paragraphs (2) Pub. L. 106–159, § 4, Dec. 9, 1999, 113 Stat. 1749, provided and (3). In all such suits, proceeding shall be had, ap- that: ‘‘The purposes of this Act [see Tables for classi- peals taken, and judgments rendered in the same fication] are— manner and with the same effect as if this Act had ‘‘(1) to improve the administration of the Federal not been enacted. motor carrier safety program and to establish a Fed- ‘‘(2) SUITS BY OR AGAINST OMCS.—Any suit by or eral Motor Carrier Safety Administration in the De- against the Office begun before January 1, 2000, shall partment of Transportation; and be continued, insofar as it involves a function re- ‘‘(2) to reduce the number and severity of large- tained and transferred under this Act, with the Ad- truck involved crashes through more commercial ministration (to the extent the suit involves func- motor vehicle and operator inspections and motor tions transferred to the Administration under this carrier compliance reviews, stronger enforcement Act) substituted for the Office. measures against violators, expedited completion of ‘‘(3) REMANDED CASES.—If the court in a suit de- rulemaking proceedings, scientifically sound re- scribed in paragraph (1) remands a case to the Admin- search, and effective commercial driver’s license test- istration, subsequent proceedings related to such case ing, recordkeeping and sanctions.’’ shall proceed in accordance with applicable law and regulations as in effect at the time of such subse- SAVINGS PROVISION quent proceedings. Pub. L. 106–159, title I, § 106, Dec. 9, 1999, 113 Stat. 1756, ‘‘(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No provided that: suit, action, or other proceeding commenced by or ‘‘(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as against any officer in his official capacity as an officer otherwise provided in this Act [see Tables for classi- of the Office shall abate by reason of the enactment of fication] and the amendments made by this Act, those this Act. No cause of action by or against the Office, or personnel, property, and records employed, used, held, by or against any officer thereof in his official capac- available, or to be made available in connection with a ity, shall abate by reason of the enactment of this Act. function transferred to the Federal Motor Carrier Safe- ‘‘(f) EXERCISE OF AUTHORITIES.—Except as otherwise ty Administration by this Act shall be transferred to provided by law, an officer or employee of the Adminis- the Administration for use in connection with the func- tration may, for purposes of performing a function tions transferred, and unexpended balances of appro- transferred by this Act or the amendments made by priations, allocations, and other funds of the Office of this Act, exercise all authorities under any other provi- Motor Carrier Safety (including any predecessor en- sion of law that were available with respect to the per- tity) shall also be transferred to the Administration. formance of that function to the official responsible for ‘‘(b) LEGAL DOCUMENTS.—All orders, determinations, the performance of the function immediately before the rules, regulations, permits, grants, loans, contracts, effective date of the transfer of the function under this settlements, agreements, certificates, licenses, and Act or the amendments made by this Act. privileges— ‘‘(g) REFERENCES.—Any reference to the Office in any ‘‘(1) that have been issued, made, granted, or al- Federal law, Executive order, rule, regulation, or dele- lowed to become effective by the Office, any officer or gation of authority, or any document of or pertaining employee of the Office, or any other Government offi- to the Office or an officer or employee of the Office is cial, or by a court of competent jurisdiction, in the deemed to refer to the Administration or a member or performance of any function that is transferred by employee of the Administration, as appropriate.’’ this Act or the amendments made by this Act; and ‘‘(2) that are in effect on the effective date of such § 114. Transportation Security Administration transfer (or become effective after such date pursuant (a) IN GENERAL.—The Transportation Security to their terms as in effect on such effective date), Administration shall be an administration of shall continue in effect according to their terms until the Department of Homeland Security. modified, terminated, superseded, set aside, or revoked in accordance with law by the Administration, any (b) LEADERSHIP.— other authorized official, a court of competent jurisdic- (1) HEAD OF TRANSPORTATION SECURITY AD- tion, or operation of law. MINISTRATION.— ‘‘(c) PROCEEDINGS.— (A) APPOINTMENT.—The head of the Admin- ‘‘(1) IN GENERAL.—The provisions of this Act shall istration shall be the Administrator of the not affect any proceedings or any application for any Transportation Security Administration (re- license pending before the Office at the time this Act ferred to in this section as the ‘‘Adminis- takes effect [see Effective Date of 1999 Amendment trator’’). The Administrator shall be ap- note set out under section 104 of this title], insofar as those functions are transferred by this Act; but such pointed by the President, by and with the proceedings and applications, to the extent that they advice and consent of the Senate. relate to functions so transferred, shall be continued. (B) QUALIFICATIONS.—The Administrator Orders shall be issued in such proceedings, appeals must— shall be taken therefrom, and payments shall be (i) be a citizen of the United States; and made pursuant to such orders, as if this Act had not (ii) have experience in a field directly re- been enacted; and orders issued in any such proceed- lated to transportation or security. ings shall continue in effect until modified, termi- nated, superseded, or revoked by a duly authorized of- (C) TERM.—Effective with respect to any ficial, by a court of competent jurisdiction, or by op- individual appointment by the President, by eration of law. and with the advice and consent of the Sen- ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this ate, after the date of enactment of the TSA subsection shall be deemed to prohibit the dis- Modernization Act, the term of office of an continuance or modification of any proceeding de- individual appointed as the Administrator scribed in paragraph (1) under the same terms and shall be 5 years. The term of office of an in- conditions and to the same extent that such proceed- ing could have been discontinued or modified if this dividual serving as the Administrator on the Act had not been enacted. date of enactment of the TSA Modernization ‘‘(3) ORDERLY TRANSFER.—The Secretary is author- Act shall be 5 years beginning on the date ized to provide for the orderly transfer of pending that the Administrator began serving. proceedings from the Office. ‘‘(d) SUITS.— (2) DEPUTY ADMINISTRATOR.— ‘‘(1) IN GENERAL.—This Act shall not affect suits (A) APPOINTMENT.—There is established in commenced before the date of the enactment of this the Transportation Security Administration Page 53 TITLE 49—TRANSPORTATION § 114

a Deputy Administrator, who shall assist the termeasures with appropriate departments, Administrator in the management of the agencies, and instrumentalities of the United Transportation Security Administration. States Government; The Deputy Administrator shall be ap- (5) serve as the primary liaison for transpor- pointed by the President. tation security to the intelligence and law en- (B) VACANCY.—The Deputy Administrator forcement communities; shall be Acting Administrator during the ab- (6) on a day-to-day basis, manage and pro- sence or incapacity of the Administrator or vide operational guidance to the field security during a vacancy in the office of Adminis- resources of the Administration, including trator. Federal Security Managers as provided by sec- (C) QUALIFICATIONS.—The Deputy Adminis- tion 44933; trator must— (7) enforce security-related regulations and (i) be a citizen of the United States; and requirements; (ii) have experience in a field directly re- (8) identify and undertake research and de- lated to transportation or security. velopment activities necessary to enhance transportation security; (3) CHIEF COUNSEL.— (9) inspect, maintain, and test security fa- (A) APPOINTMENT.—There is established in cilities, equipment, and systems; the Transportation Security Administration (10) ensure the adequacy of security meas- a Chief Counsel, who shall advise the Admin- ures for the transportation of cargo; istrator and other senior officials on all (11) oversee the implementation, and ensure legal matters relating to the responsibil- the adequacy, of security measures at airports ities, functions, and management of the and other transportation facilities; Transportation Security Administration. (12) require background checks for airport (B) QUALIFICATIONS.—The Chief Counsel security screening personnel, individuals with must be a citizen of the United States. access to secure areas of airports, and other transportation security personnel; (c) LIMITATION ON OWNERSHIP OF STOCKS AND (13) work in conjunction with the Adminis- BONDS.—The Administrator may not own stock trator of the Federal Aviation Administration in or bonds of a transportation or security en- with respect to any actions or activities that terprise or an enterprise that makes equipment may affect aviation safety or air carrier oper- that could be used for security purposes. ations; (d) FUNCTIONS.—The Administrator shall be re- (14) work with the International Civil Avia- sponsible for security in all modes of transpor- tion Organization and appropriate aeronautic tation, including— authorities of foreign governments under sec- (1) carrying out chapter 449, relating to civil tion 44907 to address security concerns on pas- aviation security, and related research and de- senger flights by foreign air carriers in foreign velopment activities; and air transportation; (2) security responsibilities over other modes (15) establish and maintain a National De- of transportation that are exercised by the De- ployment Office as required under section partment of Transportation. 44948 of this title; and (16) carry out such other duties, and exercise (e) SCREENING OPERATIONS.—The Adminis- such other powers, relating to transportation trator shall— security as the Administrator considers appro- (1) be responsible for day-to-day Federal se- priate, to the extent authorized by law. curity screening operations for passenger air transportation and intrastate air transpor- (g) NATIONAL EMERGENCY RESPONSIBILITIES.— tation under sections 44901 and 44935; (1) IN GENERAL.—Subject to the direction and (2) develop standards for the hiring and re- control of the Secretary of Homeland Secu- tention of security screening personnel; rity, the Administrator, during a national (3) train and test security screening person- emergency, shall have the following respon- nel; and sibilities: (4) be responsible for hiring and training per- (A) To coordinate domestic transpor- sonnel to provide security screening at all air- tation, including aviation, rail, and other ports in the United States where screening is surface transportation, and maritime trans- required under section 44901, in consultation portation (including port security). with the Secretary of Transportation and the (B) To coordinate and oversee the trans- heads of other appropriate Federal agencies portation-related responsibilities of other and departments. departments and agencies of the Federal Government other than the Department of (f) ADDITIONAL DUTIES AND POWERS.—In addi- Defense and the military departments. tion to carrying out the functions specified in (C) To coordinate and provide notice to subsections (d) and (e), the Administrator other departments and agencies of the Fed- shall— eral Government, and appropriate agencies (1) receive, assess, and distribute intel- of State and local governments, including ligence information related to transportation departments and agencies for transpor- security; tation, law enforcement, and border control, (2) assess threats to transportation; about threats to transportation. (3) develop policies, strategies, and plans for (D) To carry out such other duties, and ex- dealing with threats to transportation secu- ercise such other powers, relating to trans- rity; portation during a national emergency as (4) make other plans related to transpor- the Secretary of Homeland Security shall tation security, including coordinating coun- prescribe. § 114 TITLE 49—TRANSPORTATION Page 54

(2) AUTHORITY OF OTHER DEPARTMENTS AND maintain, and operate equipment for these AGENCIES.—The authority of the Adminis- facilities; trator under this subsection shall not super- (D) to acquire services, including such per- sede the authority of any other department or sonal services as the Secretary of Homeland agency of the Federal Government under law Security determines necessary, and to ac- with respect to transportation or transpor- quire (by purchase, lease, condemnation, or tation-related matters, whether or not during otherwise) and to construct, repair, operate, a national emergency. and maintain research and testing sites and (3) CIRCUMSTANCES.—The Secretary of Home- facilities; and land Security shall prescribe the circum- (E) in cooperation with the Administrator stances constituting a national emergency for of the Federal Aviation Administration, to purposes of this subsection. utilize the research and development facili- ties of the Federal Aviation Administration. (h) MANAGEMENT OF SECURITY INFORMATION.— In consultation with the Transportation Secu- (2) TITLE.—Title to any property or interest rity Oversight Board, the Administrator shall— therein acquired pursuant to this subsection (1) enter into memoranda of understanding shall be held by the Government of the United with Federal agencies or other entities to States. share or otherwise cross-check as necessary (k) TRANSFERS OF FUNDS.—The Administrator data on individuals identified on Federal agen- is authorized to accept transfers of unobligated cy databases who may pose a risk to transpor- balances and unexpended balances of funds ap- tation or national security; propriated to other Federal agencies (as such (2) establish procedures for notifying the Ad- term is defined in section 551(1) of title 5) to ministrator of the Federal Aviation Adminis- carry out functions assigned by law to the Ad- tration, appropriate State and local law en- ministrator. forcement officials, and airport or airline se- (l) REGULATIONS.— curity officers of the identity of individuals (1) IN GENERAL.—The Administrator is au- known to pose, or suspected of posing, a risk thorized to issue, rescind, and revise such reg- of air piracy or terrorism or a threat to airline ulations as are necessary to carry out the or passenger safety; functions of the Administration. (3) in consultation with other appropriate (2) EMERGENCY PROCEDURES.— Federal agencies and air carriers, establish (A) IN GENERAL.—Notwithstanding any policies and procedures requiring air carriers— other provision of law or executive order (in- (A) to use information from government cluding an executive order requiring a cost- agencies to identify individuals on passenger benefit analysis), if the Administrator deter- lists who may be a threat to civil aviation or mines that a regulation or security directive national security; and must be issued immediately in order to pro- (B) if such an individual is identified, no- tect transportation security, the Adminis- tify appropriate law enforcement agencies, trator shall issue the regulation or security prevent the individual from boarding an air- directive without providing notice or an op- craft, or take other appropriate action with portunity for comment and without prior ap- respect to that individual; and proval of the Secretary. (B) REVIEW BY TRANSPORTATION SECURITY (4) consider requiring passenger air carriers OVERSIGHT BOARD.—Any regulation or secu- to share passenger lists with appropriate Fed- rity directive issued under this paragraph eral agencies for the purpose of identifying in- shall be subject to review by the Transpor- dividuals who may pose a threat to aviation tation Security Oversight Board established safety or national security. under section 115. Any regulation or security (i) VIEW OF NTSB.—In taking any action under directive issued under this paragraph shall this section that could affect safety, the Admin- remain effective for a period not to exceed 90 istrator shall give great weight to the timely days unless ratified or disapproved by the views of the National Transportation Safety Board or rescinded by the Administrator. Board. (3) FACTORS TO CONSIDER.—In determining (j) ACQUISITIONS.— whether to issue, rescind, or revise a regula- (1) IN GENERAL.—The Administrator is au- tion under this section, the Administrator thorized— shall consider, as a factor in the final deter- (A) to acquire (by purchase, lease, con- mination, whether the costs of the regulation demnation, or otherwise) such real property, are excessive in relation to the enhancement or any interest therein, within and outside of security the regulation will provide. The the continental United States, as the Ad- Administrator may waive requirements for an ministrator considers necessary; analysis that estimates the number of lives (B) to acquire (by purchase, lease, con- that will be saved by the regulation and the demnation, or otherwise) and to construct, monetary value of such lives if the Adminis- repair, operate, and maintain such personal trator determines that it is not feasible to property (including office space and pat- make such an estimate. ents), or any interest therein, within and (4) AIRWORTHINESS OBJECTIONS BY FAA.— outside the continental United States, as the (A) IN GENERAL.—The Administrator shall Administrator considers necessary; not take an aviation security action under (C) to lease to others such real and per- this title if the Administrator of the Federal sonal property and to provide by contract or Aviation Administration notifies the Admin- otherwise for necessary facilities for the istrator that the action could adversely af- welfare of its employees and to acquire, fect the airworthiness of an aircraft. Page 55 TITLE 49—TRANSPORTATION § 114

(B) REVIEW BY SECRETARY.—Notwithstand- Transportation Security Administration pay ing subparagraph (A), the Administrator system; and may take such an action, after receiving a (C) receipt by a career appointee or a sen- notification concerning the action from the ior career employee of the rank of Distin- Administrator of the Federal Aviation Ad- guished Executive or Distinguished Senior ministration under subparagraph (A), if the Professional entitles the individual to a Secretary of Transportation subsequently lump-sum payment of an amount equal to 35 approves the action. percent of annual basic pay, which shall be (m) PERSONNEL AND SERVICES; COOPERATION BY in addition to the basic pay paid under the ADMINISTRATOR.— applicable Transportation Security Adminis- (1) AUTHORITY OF ADMINISTRATOR.—In carry- tration pay system. ing out the functions of the Administration, (3) DEFINITION OF APPLICABLE SECTIONS OF the Administrator shall have the same author- TITLE 5.—In this subsection, the term ‘‘applica- ity as is provided to the Administrator of the ble sections of title 5’’ means— Federal Aviation Administration under sub- (A) subsections (b), (c) and (d) of section sections (l) and (m) of section 106. 4507 of title 5; and (2) AUTHORITY OF AGENCY HEADS.—The head (B) subsections (b) and (c) of section 4507a of a Federal agency shall have the same au- of title 5. thority to provide services, supplies, equip- ment, personnel, and facilities to the Adminis- (o) AUTHORITY OF INSPECTOR GENERAL.—The trator as the head has to provide services, sup- Transportation Security Administration shall plies, equipment, personnel, and facilities to be subject to the Inspector General Act of 1978 (5 the Administrator of the Federal Aviation Ad- U.S.C. App.) and other laws relating to the au- ministration under section 106(m). thority of the Inspector General of the Depart- ment of Homeland Security. (n) PERSONNEL MANAGEMENT SYSTEM.— (p) LAW ENFORCEMENT POWERS.— (1) IN GENERAL.—The personnel management (1) IN GENERAL.—The Administrator may system established by the Administrator of designate an employee of the Transportation the Federal Aviation Administration under Security Administration or other Federal section 40122 shall apply to employees of the agency to serve as a law enforcement officer. Transportation Security Administration, or, (2) POWERS.—While engaged in official duties subject to the requirements of such section, of the Administration as required to fulfill the the Administrator may make such modifica- responsibilities under this section, a law en- tions to the personnel management system forcement officer designated under paragraph with respect to such employees as the Admin- (1) may— istrator considers appropriate, such as adopt- (A) carry a firearm; ing aspects of other personnel systems of the (B) make an arrest without a warrant for Department of Homeland Security. any offense against the United States com- (2) MERITORIOUS EXECUTIVE OR DISTINGUISHED mitted in the presence of the officer, or for EXECUTIVE RANK AWARDS.—Notwithstanding any felony cognizable under the laws of the section 40122(g)(2) of this title, the applicable United States if the officer has probable sections of title 5 shall apply to the Transpor- cause to believe that the person to be ar- tation Security Administration personnel rested has committed or is committing the management system, except that— felony; and (A) for purposes of applying such provi- (C) seek and execute warrants for arrest or sions to the personnel management system— seizure of evidence issued under the author- (i) the term ‘‘agency’’ means the Depart- ity of the United States upon probable cause ment of Homeland Security; that a violation has been committed. (ii) the term ‘‘senior executive’’ means a Transportation Security Administration (3) GUIDELINES ON EXERCISE OF AUTHORITY.— executive serving on a Transportation Se- The authority provided by this subsection curity Executive Service appointment; shall be exercised in accordance with guide- (iii) the term ‘‘career appointee’’ means lines prescribed by the Administrator, in con- a Transportation Security Administration sultation with the Attorney General of the executive serving on a career Transpor- United States, and shall include adherence to tation Security Executive Service appoint- the Attorney General’s policy on use of deadly ment; and force. (iv) The 1 term ‘‘senior career employee’’ (4) REVOCATION OR SUSPENSION OF AUTHOR- means a Transportation Security Adminis- ITY.—The powers authorized by this subsection tration employee covered by the Transpor- may be rescinded or suspended should the At- tation Security Administration Core Com- torney General determine that the Adminis- pensation System at the L or M pay band; trator has not complied with the guidelines (B) receipt by a career appointee or a sen- prescribed in paragraph (3) and conveys the de- ior career employee of the rank of Meritori- termination in writing to the Secretary of ous Executive or Meritorious Senior Profes- Homeland Security and the Administrator. sional entitles the individual to a lump-sum (q) AUTHORITY TO EXEMPT.—The Adminis- payment of an amount equal to 20 percent of trator may grant an exemption from a regula- annual basic pay, which shall be in addition tion prescribed in carrying out this section if to the basic pay paid under the applicable the Administrator determines that the exemp- tion is in the public interest. 1 So in original. Probably should not be capitalized. (r) NONDISCLOSURE OF SECURITY ACTIVITIES.— § 114 TITLE 49—TRANSPORTATION Page 56

(1) IN GENERAL.—Notwithstanding section 552 tack or disruption by terrorist or other hos- of title 5, the Administrator shall prescribe tile forces, including modal security plans regulations prohibiting the disclosure of infor- for aviation, bridge and tunnel, commuter mation obtained or developed in carrying out rail and ferry, highway, maritime, pipeline, security under authority of the Aviation and rail, mass transit, over-the-road bus, and Transportation Security Act (Public Law other public transportation infrastructure 107–71) or under chapter 449 of this title if the assets that could be at risk of such an at- Administrator decides that disclosing the in- tack or disruption. formation would— (B) The development of risk-based prior- (A) be an unwarranted invasion of personal ities, based on risk assessments conducted privacy; or received by the Secretary of Homeland (B) reveal a trade secret or privileged or Security (including assessments conducted confidential commercial or financial infor- under the Implementing Recommendations mation; or of the 9/11 Commission Act of 2007) across all (C) be detrimental to the security of trans- transportation modes and realistic deadlines portation. for addressing security needs associated (2) AVAILABILITY OF INFORMATION TO CON- with those assets referred to in subpara- GRESS.—Paragraph (1) does not authorize in- graph (A). formation to be withheld from a committee of (C) The most appropriate, practical, and Congress authorized to have the information. cost-effective means of defending those as- (3) LIMITATION ON TRANSFERABILITY OF DU- sets against threats to their security. TIES.—Except as otherwise provided by law, (D) A forward-looking strategic plan that the Administrator may not transfer a duty or sets forth the agreed upon roles and missions power under this subsection to another depart- of Federal, State, regional, local, and tribal ment, agency, or instrumentality of the authorities and establishes mechanisms for United States. encouraging cooperation and participation (4) LIMITATIONS.—Nothing in this subsection, by private sector entities, including non- or any other provision of law, shall be con- profit employee labor organizations, in the strued to authorize the designation of infor- implementation of such plan. mation as sensitive security information (as (E) A comprehensive delineation of preven- defined in section 1520.5 of title 49, Code of tion, response, and recovery responsibilities Federal Regulations)— and issues regarding threatened and exe- (A) to conceal a violation of law, ineffi- cuted acts of terrorism within the United ciency, or administrative error; States and threatened and executed acts of (B) to prevent embarrassment to a person, terrorism outside the United States to the organization, or agency; extent such acts affect United States trans- (C) to restrain competition; or portation systems. (D) to prevent or delay the release of infor- (F) A prioritization of research and devel- mation that does not require protection in opment objectives that support transpor- the interest of transportation security, in- tation security needs, giving a higher prior- cluding basic scientific research information ity to research and development directed to- not clearly related to transportation secu- ward protecting vital transportation assets. rity. Transportation security research and devel- opment projects shall be based, to the extent (s) TRANSPORTATION SECURITY STRATEGIC practicable, on such prioritization. Nothing PLANNING.— in the preceding sentence shall be construed (1) IN GENERAL.—The Secretary of Homeland to require the termination of any research Security shall develop, prepare, implement, or development project initiated by the Sec- and update, as needed— retary of Homeland Security or the Sec- (A) a National Strategy for Transportation retary of Transportation before the date of Security; and enactment of the Implementing Recom- (B) transportation modal security plans mendations of the 9/11 Commission Act of addressing security risks, including threats, 2007. vulnerabilities, and consequences, for avia- (G) A 3- and 10-year budget for Federal tion, railroad, ferry, highway, maritime, transportation security programs that will pipeline, public transportation, over-the- achieve the priorities of the National Strat- road bus, and other transportation infra- egy for Transportation Security. structure assets. (H) Methods for linking the individual (2) ROLE OF SECRETARY OF TRANSPORTATION.— transportation modal security plans and the The Secretary of Homeland Security shall programs contained therein, and a plan for work jointly with the Secretary of Transpor- addressing the security needs of intermodal tation in developing, revising, and updating transportation. the documents required by paragraph (1). (I) Transportation modal security plans (3) CONTENTS OF NATIONAL STRATEGY FOR described in paragraph (1)(B), including oper- TRANSPORTATION SECURITY.—The National ational recovery plans to expedite, to the Strategy for Transportation Security shall in- maximum extent practicable, the return to clude the following: operation of an adversely affected transpor- (A) An identification and evaluation of the tation system following a major terrorist at- transportation assets in the United States tack on that system or other incident. These that, in the interests of national security plans shall be coordinated with the resump- and commerce, must be protected from at- tion of trade protocols required under sec- Page 57 TITLE 49—TRANSPORTATION § 114

tion 202 of the SAFE Port Act (6 U.S.C. 942) each fiscal year, the Secretary of Home- and the National Maritime Transportation land Security shall submit to the appro- Security Plan required under section 70103(a) priate congressional committees a written of title 46. explanation of any Federal transportation security activity that is inconsistent with (4) SUBMISSION OF PLANS.— (A) IN GENERAL.—The Secretary of Home- the National Strategy for Transportation land Security shall submit the National Security, including the amount of funds to Strategy for Transportation Security, in- be expended for the activity and the num- cluding the transportation modal security ber of personnel involved. plans and any revisions to the National (C) CLASSIFIED MATERIAL.—Any part of the Strategy for Transportation Security and National Strategy for Transportation Secu- the transportation modal security plans, to rity or the transportation modal security appropriate congressional committees not plans that involve information that is prop- less frequently than April 1 of each even- erly classified under criteria established by numbered year. Executive order shall be submitted to the (B) PERIODIC PROGRESS REPORT.— appropriate congressional committees sepa- (i) REQUIREMENT FOR REPORT.—Each rately in a classified format. year, in conjunction with the submission (D) APPROPRIATE CONGRESSIONAL COMMIT- of the budget to Congress under section TEES DEFINED.—In this subsection, the term 1105(a) of title 31, United States Code, the ‘‘appropriate congressional committees’’ Secretary of Homeland Security shall sub- means the Committee on Transportation mit to the appropriate congressional com- and Infrastructure and the Committee on mittees an assessment of the progress Homeland Security of the House of Rep- made on implementing the National Strat- resentatives and the Committee on Com- egy for Transportation Security, including merce, Science, and Transportation, the the transportation modal security plans. Committee on Homeland Security and Gov- (ii) CONTENT.—Each progress report sub- ernmental Affairs, and the Committee on mitted under this subparagraph shall in- Banking, Housing, and Urban Affairs of the clude, at a minimum, the following: Senate. (I) Recommendations for improving (5) PRIORITY STATUS.— and implementing the National Strategy (A) IN GENERAL.—The National Strategy for Transportation Security and the for Transportation Security shall be the transportation modal and intermodal se- governing document for Federal transpor- curity plans that the Secretary of Home- tation security efforts. land Security, in consultation with the (B) OTHER PLANS AND REPORTS.—The Na- Secretary of Transportation, considers tional Strategy for Transportation Security appropriate. shall include, as an integral part or as an ap- (II) An accounting of all grants for pendix— transportation security, including grants (i) the current National Maritime Trans- and contracts for research and develop- portation Security Plan under section ment, awarded by the Secretary of 70103 of title 46; Homeland Security in the most recent (ii) the report required by section 44938 fiscal year and a description of how such of this title; grants accomplished the goals of the Na- (iii) transportation modal security plans tional Strategy for Transportation Secu- required under this section; rity. (iv) the transportation sector specific (III) An accounting of all— plan required under Homeland Security (aa) funds requested in the Presi- Presidential Directive–7; and dent’s budget submitted pursuant to (v) any other transportation security section 1105 of title 31 for the most re- plan or report that the Secretary of Home- cent fiscal year for transportation se- land Security determines appropriate for curity, by mode; inclusion. (bb) personnel working on transpor- (6) COORDINATION.—In carrying out the re- tation security by mode, including the sponsibilities under this section, the Secretary number of contractors; and of Homeland Security, in coordination with (cc) information on the turnover in the Secretary of Transportation, shall consult, the previous year among senior staff of as appropriate, with Federal, State, and local the Department of Homeland Security, agencies, tribal governments, private sector including component agencies, work- entities (including nonprofit employee labor ing on transportation security issues. organizations), institutions of higher learning, Such information shall include the and other entities. number of employees who have perma- (7) PLAN DISTRIBUTION.—The Secretary of nently left the office, agency, or area Homeland Security shall make available and in which they worked, and the amount appropriately publicize an unclassified version of time that they worked for the De- of the National Strategy for Transportation partment of Homeland Security. Security, including its component transpor- (iii) WRITTEN EXPLANATION OF TRANSPOR- tation modal security plans, to Federal, State, TATION SECURITY ACTIVITIES NOT DELIN- regional, local and tribal authorities, trans- EATED IN THE NATIONAL STRATEGY FOR portation system owners or operators, private TRANSPORTATION SECURITY.—At the end of sector stakeholders, including nonprofit em- § 114 TITLE 49—TRANSPORTATION Page 58

ployee labor organizations representing trans- the point of contact established pursuant to portation employees, institutions of higher this subparagraph differs from the agency learning, and other appropriate entities. within the Department of Homeland Secu- rity that has the primary authority, or has (t) TRANSPORTATION SECURITY INFORMATION been delegated such authority by the Sec- SHARING PLAN.— (1) DEFINITIONS.—In this subsection: retary of Homeland Security, to regulate the (A) APPROPRIATE CONGRESSIONAL COMMIT- security of that transportation mode; (C) a reasonable deadline by which the TEES.—The term ‘‘appropriate congressional committees’’ has the meaning given that Plan will be implemented; and (D) a description of resource needs for ful- term in subsection (s)(4)(E). filling the Plan. (B) PLAN.—The term ‘‘Plan’’ means the Transportation Security Information Shar- (5) COORDINATION WITH INFORMATION SHAR- ing Plan established under paragraph (2). ING.—The Plan shall be— (C) PUBLIC AND PRIVATE STAKEHOLDERS.— (A) implemented in coordination, as appro- The term ‘‘public and private stakeholders’’ priate, with the program manager for the in- means Federal, State, and local agencies, formation sharing environment established tribal governments, and appropriate private under section 1016 of the Intelligence Reform entities, including nonprofit employee labor and Terrorism Prevention Act of 2004 (6 organizations representing transportation U.S.C. 485); and employees. (B) consistent with the establishment of (D) TRANSPORTATION SECURITY INFORMA- the information sharing environment and TION.—The term ‘‘transportation security in- any policies, guidelines, procedures, instruc- formation’’ means information relating to tions, or standards established by the Presi- the risks to transportation modes, including dent or the program manager for the imple- aviation, public transportation, railroad, mentation and management of the informa- ferry, highway, maritime, pipeline, and over- tion sharing environment. the-road bus transportation, and may in- (6) ANNUAL REPORT ON PLAN.—The Secretary clude specific and general intelligence prod- of Homeland Security shall annually submit ucts, as appropriate. to the appropriate congressional committees a (2) ESTABLISHMENT OF PLAN.—The Secretary report containing the Plan. of Homeland Security, in consultation with (7) SECURITY CLEARANCES.—The Secretary of the program manager of the information shar- Homeland Security shall, to the greatest ex- ing environment established under section 1016 tent practicable, take steps to expedite the se- of the Intelligence Reform and Terrorism Pre- curity clearances needed for designated public vention Act of 2004 (6 U.S.C. 485), the Sec- and private stakeholders to receive and obtain retary of Transportation, and public and pri- access to classified information distributed vate stakeholders, shall establish a Transpor- under this section, as appropriate. tation Security Information Sharing Plan. In (8) CLASSIFICATION OF MATERIAL.—The Sec- establishing the Plan, the Secretary of Home- retary of Homeland Security, to the greatest land Security shall gather input on the devel- extent practicable, shall provide designated opment of the Plan from private and public public and private stakeholders with transpor- stakeholders and the program manager of the tation security information in an unclassified information sharing environment established format. under section 1016 of the Intelligence Reform (u) ENFORCEMENT OF REGULATIONS AND ORDERS and Terrorism Prevention Act of 2004 (6 U.S.C. OF THE SECRETARY OF HOMELAND SECURITY.— 485). (1) APPLICATION OF SUBSECTION.— (3) PURPOSE OF PLAN.—The Plan shall pro- (A) IN GENERAL.—This subsection applies mote sharing of transportation security infor- to the enforcement of regulations pre- mation between the Department of Homeland scribed, and orders issued, by the Secretary Security and public and private stakeholders. of Homeland Security under a provision of (4) CONTENT OF PLAN.—The Plan shall in- chapter 701 of title 46 and under a provision clude— of this title other than a provision of chap- (A) a description of how intelligence ana- ter 449 (in this subsection referred to as an lysts within the Department of Homeland ‘‘applicable provision of this title’’). Security will coordinate their activities (B) VIOLATIONS OF CHAPTER 449.—The pen- within the Department and with other Fed- alties for violations of regulations pre- eral, State, and local agencies, and tribal scribed and orders issued by the Secretary of governments, including coordination with Homeland Security or the Administrator existing modal information sharing centers under chapter 449 of this title are provided and the center described in section 1410 of under chapter 463 of this title. the Implementing Recommendations of the (C) NONAPPLICATION TO CERTAIN VIOLA- 9/11 Commission Act of 2007; TIONS.— (B) the establishment of a point of con- (i) Paragraphs (2) through (5) do not tact, which may be a single point of contact apply to violations of regulations pre- within the Department of Homeland Secu- scribed, and orders issued, by the Sec- rity, for each mode of transportation for the retary of Homeland Security under a pro- sharing of transportation security informa- vision of this title— tion with public and private stakeholders, (I) involving the transportation of per- including an explanation and justification to sonnel or shipments of materials by con- the appropriate congressional committees if tractors where the Department of De- Page 59 TITLE 49—TRANSPORTATION § 114

fense has assumed control and respon- this section the Secretary of Homeland Se- sibility; curity shall provide to the person against (II) by a member of the armed forces of whom the penalty is to be imposed— the United States when performing offi- (i) written notice of the proposed pen- cial duties; or alty; and (III) by a civilian employee of the De- (ii) the opportunity to request a hearing partment of Defense when performing of- on the proposed penalty, if the Secretary ficial duties. of Homeland Security receives the request not later than 30 days after the date on (ii) Violations described in subclause (I), which the person receives notice. (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary (4) COMPROMISE AND SETOFF.— of Defense or the Secretary of Defense’s (A) The Secretary of Homeland Security designee. may compromise the amount of a civil pen- alty imposed under this subsection. IVIL PENALTY.— (2) C (B) The Government may deduct the (A) IN GENERAL.—A person is liable to the amount of a civil penalty imposed or com- United States Government for a civil pen- promised under this subsection from alty of not more than $10,000 for a violation amounts it owes the person liable for the of a regulation prescribed, or order issued, penalty. by the Secretary of Homeland Security under an applicable provision of this title. (5) INVESTIGATIONS AND PROCEEDINGS.—Chap- (B) REPEAT VIOLATIONS.—A separate viola- ter 461 shall apply to investigations and pro- tion occurs under this paragraph for each ceedings brought under this subsection to the day the violation continues. same extent that it applies to investigations and proceedings brought with respect to avia- (3) ADMINISTRATIVE IMPOSITION OF CIVIL PEN- tion security duties designated to be carried ALTIES.— out by the Secretary of Homeland Security. (A) IN GENERAL.—The Secretary of Home- (6) DEFINITIONS.—In this subsection: land Security may impose a civil penalty for (A) PERSON.—The term ‘‘person’’ does not a violation of a regulation prescribed, or include— order issued, under an applicable provision (i) the United States Postal Service; or of this title. The Secretary shall give writ- (ii) the Department of Defense. ten notice of the finding of a violation and the penalty. (B) SMALL BUSINESS CONCERN.—The term (B) SCOPE OF CIVIL ACTION.—In a civil ac- ‘‘small business concern’’ has the meaning tion to collect a civil penalty imposed by the given that term in section 3 of the Small Secretary of Homeland Security under this Business Act (15 U.S.C. 632). subsection, a court may not re-examine is- (7) ENFORCEMENT TRANSPARENCY.— sues of liability or the amount of the pen- (A) IN GENERAL.—The Secretary of Home- alty. land Security shall— (C) JURISDICTION.—The district courts of (i) provide an annual summary to the the United States shall have exclusive juris- public of all enforcement actions taken by diction of civil actions to collect a civil pen- the Secretary under this subsection; and alty imposed by the Secretary of Homeland (ii) include in each such summary the Security under this subsection if— docket number of each enforcement ac- (i) the amount in controversy is more tion, the type of alleged violation, the pen- than— alty or penalties proposed, and the final (I) $400,000, if the violation was com- assessment amount of each penalty. mitted by a person other than an indi- vidual or small business concern; or (B) ELECTRONIC AVAILABILITY.—Each sum- (II) $50,000 if the violation was commit- mary under this paragraph shall be made ted by an individual or small business available to the public by electronic means. concern; (C) RELATIONSHIP TO THE FREEDOM OF IN- FORMATION ACT AND THE PRIVACY ACT.—Noth- (ii) the action is in rem or another ac- ing in this subsection shall be construed to tion in rem based on the same violation require disclosure of information or records has been brought; or that are exempt from disclosure under sec- (iii) another action has been brought for tions 552 or 552a of title 5. an injunction based on the same violation. (v) AUTHORIZATION OF APPROPRIATIONS.—There (D) MAXIMUM PENALTY.—The maximum are authorized to be appropriated to the Trans- civil penalty the Secretary of Homeland Se- portation Security Administration for salaries, curity administratively may impose under operations, and maintenance of the Administra- this paragraph is— tion— (i) $400,000, if the violation was commit- (1) $7,849,247,000 for fiscal year 2019; ted by a person other than an individual or (2) $7,888,494,000 for fiscal year 2020; and small business concern; or (3) $7,917,936,000 for fiscal year 2021. (ii) $50,000, if the violation was commit- (w) LEADERSHIP AND ORGANIZATION.— ted by an individual or small business con- (1) IN GENERAL.—For each of the areas de- cern. scribed in paragraph (2), the Administrator of (E) NOTICE AND OPPORTUNITY TO REQUEST the Transportation Security Administration HEARING.—Before imposing a penalty under shall appoint at least 1 individual who shall— § 114 TITLE 49—TRANSPORTATION Page 60

(A) report directly to the Administrator or employees and the traveling public are the Administrator’s designated direct re- treated in a fair and lawful manner consist- port; and ent with Federal laws and regulations pro- (B) be responsible and accountable for that tecting privacy and prohibiting discrimina- area. tion and reprisal. (I) Legislative and public affairs, including (2) AREAS DESCRIBED.—The areas described in communication and engagement with inter- this paragraph are as follows: (A) Aviation security operations and train- nal and external audiences in a timely, accu- rate, and transparent manner, and develop- ing, including risk-based, adaptive secu- ment and implementation of strategies with- rity— (i) focused on airport checkpoint and in the agency to achieve congressional ap- baggage screening operations; proval or authorization of agency programs (ii) workforce training and development and policies. programs; and (3) NOTIFICATION.—The Administrator shall (iii) ensuring compliance with aviation submit to the appropriate committees of Con- security law, including regulations, and gress— other specialized programs designed to se- (A) not later than 180 days after the date cure air transportation. of enactment of the TSA Modernization Act, a list of the names of the individuals ap- (B) Surface transportation security oper- pointed under paragraph (1); and ations and training, including risk-based, (B) an update of the list not later than 5 adaptive security— days after any new individual is appointed (i) focused on accomplishing security under paragraph (1). systems assessments; (ii) reviewing and prioritizing projects (Added Pub. L. 107–71, title I, § 101(a), Nov. 19, for appropriated surface transportation se- 2001, 115 Stat. 597; amended Pub. L. 107–296, title curity grants; XVI, § 1601(b), title XVII, § 1707, Nov. 25, 2002, 116 (iii) operator compliance with surface Stat. 2312, 2318; Pub. L. 108–7, div. I, title III, transportation security law, including reg- § 351(d), Feb. 20, 2003, 117 Stat. 420; Pub. L. ulations, and voluntary industry stand- 108–458, title IV, § 4001(a), Dec. 17, 2004, 118 Stat. ards; and 3710; Pub. L. 110–53, title XII, §§ 1202, 1203(a), title (iv) workforce training and development XIII, § 1302(a), title XV, § 1503(a), Aug. 3, 2007, 121 programs, and other specialized programs Stat. 381, 383, 390, 425; Pub. L. 110–161, div. E, designed to secure surface transportation. title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092; Pub. L. 111–83, title V, § 561(c)(1), Oct. 28, 2009, 123 (C) Transportation industry engagement Stat. 2182; Pub. L. 114–301, § 2(d), Dec. 16, 2016, 130 and planning, including the development, in- Stat. 1514; Pub. L. 115–254, div. K, title I, §§ 1903, terpretation, promotion, and oversight of a 1904(a), (b)(1), 1905, 1909, 1988(c), Oct. 5, 2018, 132 unified effort regarding risk-based, risk-re- Stat. 3543, 3544, 3546, 3549, 3623.) ducing security policies and plans (including strategic planning for future contingencies REFERENCES IN TEXT and security challenges) between govern- The date of enactment of the TSA Modernization Act, ment and transportation stakeholders, in- referred to in subsecs. (b)(1)(C) and (w)(3)(A), is the date cluding airports, domestic and international of enactment of title I of div. K of Pub. L. 115–254, airlines, general aviation, air cargo, mass which was approved Oct. 5, 2018. transit and passenger rail, freight rail, pipe- The Inspector General Act of 1978, referred to in sub- sec. (o), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, line, highway and motor carriers, and mari- which is set out in the Appendix to Title 5, Government time. Organization and Employees. (D) International strategy and operations, The Aviation and Transportation Security Act, re- including agency efforts to work with inter- ferred to in subsec. (r)(1), is Pub. L. 107–71, Nov. 19, 2001, national partners to secure the global trans- 115 Stat. 597. For complete classification of this Act to portation network. the Code, see Short Title of 2001 Amendment note set (E) Trusted and registered traveler pro- out under section 101 of this title and Tables. The Implementing Recommendations of the 9/11 Com- grams, including the management and mar- mission Act of 2007, referred to in subsec. (s)(3)(B), is keting of the agency’s trusted traveler ini- Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. Section 1410 of tiatives, including the PreCheck Program, the Act is classified to section 1139 of Title 6, Domestic and coordination with trusted traveler pro- Security. For complete classification of this Act to the grams of other Department of Homeland Se- Code, see Short Title of 2007 Amendment note set out curity agencies and the private sector. under section 101 of Title 6 and Tables. (F) Technology acquisition and deploy- The date of enactment of the Implementing Recom- ment, including the oversight, development, mendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(F), is the date of enactment of Pub. testing, evaluation, acquisition, deployment, L. 110–53, which was approved Aug. 3, 2007. and maintenance of security technology and other acquisition programs. AMENDMENTS (G) Inspection and compliance, including 2018—Pub. L. 115–254, § 1904(a)(3), substituted ‘‘Admin- the integrity, efficiency and effectiveness of istrator’’ for ‘‘Under Secretary’’ wherever appearing in the agency’s workforce, operations, and pro- subsecs. (c) to (n), (p), (q), and (r). grams through objective audits, covert test- Subsec. (a). Pub. L. 115–254, § 1904(a)(1), substituted ‘‘Department of Homeland Security’’ for ‘‘Department ing, inspections, criminal investigations, of Transportation’’. and regulatory compliance. Subsec. (b). Pub. L. 115–254, § 1904(a)(2), amended sub- (H) Civil rights, liberties, and traveler en- sec. (b) generally. Prior to amendment, text read as fol- gagement, including ensuring that agency lows: Page 61 TITLE 49—TRANSPORTATION § 114

‘‘(1) APPOINTMENT.—The head of the Administration Subsec. (t)(2). Pub. L. 115–254, § 1904(b)(1)(J)(ii), in- shall be the Under Secretary of Transportation for Se- serted ‘‘of Homeland Security’’ after ‘‘Plan, the Sec- curity. The Under Secretary shall be appointed by the retary’’. President, by and with the advice and consent of the Subsec. (t)(4)(B). Pub. L. 115–254, § 1904(b)(1)(J)(iii), in- Senate. serted ‘‘of Homeland Security’’ after ‘‘agency within ‘‘(2) QUALIFICATIONS.—The Under Secretary must— the Department’’ and after ‘‘Secretary’’. ‘‘(A) be a citizen of the United States; and Subsec. (t)(6). Pub. L. 115–254, § 1904(b)(1)(J)(iv), ‘‘(B) have experience in a field directly related to amended par. (6) generally. Prior to amendment, text transportation or security. read as follows: ‘‘(3) TERM.—The term of office of an individual ap- ‘‘(A) IN GENERAL.—Not later than 150 days after the pointed as the Under Secretary shall be 5 years.’’ date of enactment of this subsection, and annually Subsec. (f)(15), (16). Pub. L. 115–254, § 1988(c), added thereafter, the Secretary shall submit to the appro- par. (15) and redesignated former par. (15) as (16). priate congressional committees, a report containing Subsec. (g)(1). Pub. L. 115–254, § 1904(b)(1)(A)(i)(I), sub- the Plan. stituted ‘‘Subject to the direction and control of the ‘‘(B) ANNUAL REPORT.—Not later than 1 year after the Secretary of Homeland Security’’ for ‘‘Subject to the date of enactment of this subsection, the Secretary direction and control of the Secretary’’ in introductory shall submit to the appropriate congressional commit- provisions. tees a report on updates to and the implementation of Subsecs. (g)(1)(D), (3), (j)(1)(D). Pub. L. 115–254, the Plan.’’ § 1904(b)(1)(A)(i)(II), (ii), (B), inserted ‘‘of Homeland Se- Subsec. (t)(7), (8). Pub. L. 115–254, § 1904(b)(1)(J)(v), in- curity’’ after ‘‘Secretary’’. serted ‘‘of Homeland Security’’ after ‘‘Secretary’’. Subsec. (k). Pub. L. 115–254, § 1904(b)(1)(C), substituted Subsec. (u). Pub. L. 115–254, § 1904(b)(1)(I), redesig- ‘‘functions assigned’’ for ‘‘functions transferred, on or nated subsec. (v) as (u). Former subsec. (u) redesignated after the date of enactment of the Aviation and Trans- (t). portation Security Act,’’. Subsec. (u)(1)(B). Pub. L. 115–254, § 1904(b)(1)(K)(i)(I), Subsec. (l)(4)(B). Pub. L. 115–254, § 1904(b)(1)(D), sub- inserted ‘‘or the Administrator’’ after ‘‘Secretary of stituted ‘‘Administrator of the Federal Aviation Ad- Homeland Security’’. ministration under subparagraph (A)’’ for ‘‘Adminis- Subsec. (u)(1)(C)(ii). Pub. L. 115–254, trator under subparagraph (A)’’. § 1904(b)(1)(K)(i)(II), substituted ‘‘Secretary of Defense’s Subsec. (n). Pub. L. 115–254, § 1909, inserted par. (1) designee’’ for ‘‘Secretary’s designee’’. Subsec. (u)(3)(B) to (E), (4)(A), (5). Pub. L. 115–254, designation and heading before ‘‘The personnel man- § 1904(b)(1)(K)(i)(III), (ii), (iii), inserted ‘‘of Homeland agement system’’, added pars. (2) and (3), and realigned Security’’ after ‘‘Secretary’’ wherever appearing. margins. Subsec. (u)(7)(A). Pub. L. 115–254, § 1904(b)(1)(K)(iv)(I), Pub. L. 115–254, § 1904(b)(1)(E), substituted ‘‘Depart- substituted ‘‘The Secretary of Homeland Security’’ for ment of Homeland Security’’ for ‘‘Department of ‘‘Not later than December 31, 2008, and annually there- Transportation’’. after, the Secretary’’ in introductory provisions. Subsec. (o). Pub. L. 115–254, § 1904(b)(1)(F), substituted Subsec. (u)(7)(D). Pub. L. 115–254, § 1904(b)(1)(K)(iv)(II), ‘‘Department of Homeland Security’’ for ‘‘Department struck out subpar. (D). Text read as follows: ‘‘Not later of Transportation’’. than 180 days after the enactment of the Implementing Subsec. (p)(4). Pub. L. 115–254, § 1904(b)(1)(G), sub- Recommendations of the 9/11 Commission Act of 2007, stituted ‘‘Secretary of Homeland Security’’ for ‘‘Sec- the Secretary shall provide a report to the public de- retary of Transportation’’. scribing the enforcement process established under this Subsec. (s)(3)(B). Pub. L. 115–254, § 1904(b)(1)(H)(i), in- subsection.’’ serted closing parenthesis after ‘‘Act of 2007’’. Subsec. (v). Pub. L. 115–254, § 1904(b)(1)(I), redesig- Subsec. (s)(4). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(I), sub- nated subsec. (w) as (v). Former subsec. (v) redesig- stituted ‘‘Submission of plans’’ for ‘‘Submissions of nated (u). plans to Congress’’ in heading. Subsec. (w). Pub. L. 115–254, § 1905, added subsec. (w). Subsec. (s)(4)(A). Pub. L. 115–254, Former subsec. (w) redesignated (v). § 1904(b)(1)(H)(ii)(IV)(bb), which directed amendment of Pub. L. 115–254, § 1903, amended subsec. (w) generally. subpar. (A) by substituting ‘‘The’’ for ‘‘After December Prior to amendment, subsec. (w) related to authoriza- 31, 2015, the’’, was executed by making the substitution tion of appropriations for railroad, over-the-road bus for ‘‘After December 31, 2005, the’’ to reflect the prob- and trucking, and hazardous material and pipeline se- able intent of Congress. curity for fiscal years 2008 through 2011. Pub. L. 115–254, § 1904(b)(1)(H)(ii)(IV)(aa), substituted 2016—Subsec. (u)(1)(A). Pub. L. 114–301, § 2(d)(1), sub- ‘‘In general’’ for ‘‘Subsequent versions’’ in heading. stituted ‘‘subsection (s)(4)(E)’’ for ‘‘subsection (t)’’. Pub. L. 115–254, § 1904(b)(1)(H)(ii)(II), (III), redesig- Subsec. (u)(7) to (9). Pub. L. 114–301, § 2(d)(2), (3), re- nated subpar. (B) as (A) and struck out former subpar. designated pars. (8) and (9) as (7) and (8), respectively, (A). Prior to amendment, text of subpar. (A) read as fol- and struck out former par. (7) which related to surveys lows: ‘‘The Secretary of Homeland Security shall sub- and reports. mit the National Strategy for Transportation Security, 2009—Subsec. (r)(4). Pub. L. 111–83 added par. (4). including the transportation modal security plans, de- 2007—Subsecs. (o) to (s). Pub. L. 110–161 redesignated veloped under this subsection to the appropriate con- subsecs. (p) to (s) as (o) to (r), respectively, and struck gressional committees not later than April 1, 2005.’’ out former subsec. (o). Text of former subsec. (o) read Subsec. (s)(4)(B). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(III), as follows: ‘‘The acquisition management system estab- redesignated subpar. (C) as (B). Former subpar. (B) re- lished by the Administrator of the Federal Aviation designated (A). Administration under section 40110 shall apply to ac- Subsec. (s)(4)(B)(ii)(III)(cc). Pub. L. 115–254, quisitions of equipment, supplies, and materials by the § 1904(b)(1)(H)(ii)(V), substituted ‘‘for the Department of Transportation Security Administration, or, subject to Homeland Security’’ for ‘‘for the Department’’. the requirements of such section, the Under Secretary Subsec. (s)(4)(C) to (E). Pub. L. 115–254, may make such modifications to the acquisition man- § 1904(b)(1)(H)(ii)(III), redesignated subpars. (D) and (E) agement system with respect to such acquisitions of as (C) and (D), respectively. Former subpar. (C) redesig- equipment, supplies, and materials as the Under Sec- nated (B). retary considers appropriate, such as adopting aspects Subsec. (t). Pub. L. 115–254, § 1904(b)(1)(I), redesignated of other acquisition management systems of the De- subsec. (u) as (t). partment of Transportation.’’ Subsec. (t)(1)(D), (E). Pub. L. 115–254, § 1904(b)(1)(J)(i), Subsec. (t). Pub. L. 110–161 redesignated subsec. (t) as redesignated subpar. (E) as (D) and struck out former (s). subpar. (D). Prior to amendment, text of subpar. (D) Subsec. (t)(1)(B). Pub. L. 110–53, § 1202(a), amended read as follows: ‘‘The term ‘Secretary’ means the Sec- subpar. (B) generally. Prior to amendment, subpar. (B) retary of Homeland Security.’’ read as follows: ‘‘transportation modal security plans.’’ § 114 TITLE 49—TRANSPORTATION Page 62

Subsec. (t)(3)(B). Pub. L. 110–53, § 1202(b)(1), inserted subsection (a) [amending this section] shall take effect ‘‘, based on risk assessments conducted or received by 180 days after the date of enactment of this Act [Dec. the Secretary of Homeland Security (including assess- 26, 2007]. ments conducted under the Implementing Recom- mendations of the 9/11 Commission Act of 2007’’ after EFFECTIVE DATE OF 2004 AMENDMENT ‘‘risk-based priorities’’. Pub. L. 108–458, title IV, § 4082, Dec. 17, 2004, 118 Stat. Subsec. (t)(3)(D). Pub. L. 110–53, § 1202(b)(2), sub- 3732, provided that: ‘‘This title [enacting section 44925 stituted ‘‘local, and tribal’’ for ‘‘and local’’ and ‘‘co- of this title, amending this section, sections 44903, operation and participation by private sector entities, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this including nonprofit employee labor organizations,’’ for title, and sections 70102 and 70103 of Title 46, Shipping, ‘‘private sector cooperation and participation’’. and enacting provisions set out as notes under sections Subsec. (t)(3)(E). Pub. L. 110–53, § 1202(b)(3), sub- 44703, 44901, 44913, 44917, 44923, 44925, and 44935 of this stituted ‘‘prevention, response, and recovery’’ for ‘‘re- title, section 2751 of Title 22, Foreign Relations and sponse and recovery’’ and inserted ‘‘and threatened and Intercourse, and section 70101 of Title 46] shall take ef- executed acts of terrorism outside the United States to fect on the date of enactment of this Act [Dec. 17, the extent such acts affect United States transpor- 2004].’’ tation systems’’ before period at end. Subsec. (t)(3)(F). Pub. L. 110–53, § 1202(b)(4), inserted EFFECTIVE DATE OF 2002 AMENDMENT at end ‘‘Transportation security research and develop- ment projects shall be based, to the extent practicable, Amendment by Pub. L. 107–296 effective 60 days after on such prioritization. Nothing in the preceding sen- Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as tence shall be construed to require the termination of an Effective Date note under section 101 of Title 6, Do- any research or development project initiated by the mestic Security. Secretary of Homeland Security or the Secretary of TRANSFER OF FUNCTIONS Transportation before the date of enactment of the Im- plementing Recommendations of the 9/11 Commission For transfer of functions, personnel, assets, and li- Act of 2007.’’ abilities of the Transportation Security Administra- Subsec. (t)(3)(G) to (I). Pub. L. 110–53, § 1202(b)(5), tion of the Department of Transportation, including added subpars. (G) to (I). the functions of the Secretary of Transportation, and Subsec. (t)(4)(C)(i). Pub. L. 110–53, § 1202(c)(1)(A), in- of the Under Secretary of Transportation for Security, serted ‘‘, including the transportation modal security relating thereto, to the Secretary of Homeland Secu- plans’’ before period at end. rity, and for treatment of related references, see sec- Subsec. (t)(4)(C)(ii), (iii). Pub. L. 110–53, § 1202(c)(1)(B), tions 203(2), 551(d), 552(d), and 557 of Title 6, Domestic added cls. (ii) and (iii) and struck out former cl. (ii). Security, and the Department of Homeland Security Text of former cl. (ii) read as follows: ‘‘Each progress Reorganization Plan of November 25, 2002, as modified, report under this subparagraph shall include, at a mini- set out as a note under section 542 of Title 6. mum, recommendations for improving and implement- ing the National Strategy for Transportation Security DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF and the transportation modal security plans that the TITLE 51 Secretary, in consultation with the Secretary of Trans- General references to ‘‘this title’’ deemed to refer portation, considers appropriate.’’ Subsec. (t)(4)(E). Pub. L. 110–53, § 1202(c)(2), added sub- also to chapters 509 and 511 of Title 51, National and par. (E) and struck out former subpar. (E). Text of Commercial Space Programs, see section 4(d)(8) of Pub. former subpar. (E) read as follows: ‘‘In this subsection, L. 111–314, set out as a note under section 101 of this the term ‘appropriate congressional committees’ means title. the Committee on Transportation and Infrastructure TRANSMITTALS TO CONGRESS and the Select Committee on Homeland Security of the House of Representatives and the Committee on Com- Pub. L. 115–254, div. K, title I, § 1910, Oct. 5, 2018, 132 merce, Science, and Transportation and the Committee Stat. 3550, provided that: ‘‘With regard to each report, on Homeland Security and Governmental Affairs of the legislative proposal, or other communication of the Ex- Senate.’’ ecutive Branch related to the TSA and required to be Subsec. (t)(5)(B)(iv), (v). Pub. L. 110–53, § 1202(d), added submitted to Congress or the appropriate committees cl. (iv) and redesignated former cl. (iv) as (v). of Congress, the Administrator shall transmit such Subsec. (t)(6), (7). Pub. L. 110–53, § 1202(e), added pars. communication directly to the appropriate committees (6) and (7). of Congress.’’ Subsec. (u). Pub. L. 110–53, § 1203(a), added subsec. (u). [For definitions of terms used in section 1910 of Pub. Subsec. (v). Pub. L. 110–53, § 1302(a), added subsec. (v). L. 115–254, set out above, see section 1902 of Pub. L. Subsec. (w). Pub. L. 110–53, § 1503(a), added subsec. (w). 115–254, set out as a Definitions of Terms in Title I of 2004—Subsec. (t). Pub. L. 108–458 added subsec. (t). Div. K of Pub. L. 115–254 note under section 101 of this 2003—Subsec. (q)(1). Pub. L. 108–7 inserted ‘‘or other title.] Federal agency’’ after ‘‘Transportation Security Ad- ministration’’. THIRD PARTY TESTING AND VERIFICATION OF 2002—Subsec. (l)(2)(B). Pub. L. 107–296, § 1707, inserted SCREENING TECHNOLOGY ‘‘for a period not to exceed 90 days’’ after ‘‘effective’’ and ‘‘ratified or’’ before ‘‘disapproved’’. Pub. L. 115–254, div. K, title I, § 1911, Oct. 5, 2018, 132 Subsec. (s). Pub. L. 107–296, § 1601(b), added subsec. (s). Stat. 3550, provided that: ‘‘(a) IN GENERAL.—In carrying out the responsibilities CHANGE OF NAME under section 114(f)(9) [probably means section 114(f)(9) Pub. L. 115–254, div. K, title I, § 1994, Oct. 5, 2018, 132 of Title 10, United States Code], the Administrator Stat. 3646, provided that: ‘‘References relating to the shall develop and implement, not later than 1 year Under Secretary of Transportation for Security in stat- after the date of enactment of this Act [Oct. 5, 2018], a utes, Executive orders, rules, regulations, directives, or program to enable a vendor of related security screen- delegations of authority that precede the effective date ing technology to obtain testing and verification, in- of this Act [meaning the date of enactment of Pub. L. cluding as an alternative to the TSA’s test and evalua- 115–254, Oct. 5, 2018] shall be deemed to refer, as appro- tion process, by an appropriate third party, of such priate, to the Administrator of the Transportation Se- technology before procurement or deployment. curity Administration.’’ ‘‘(b) DETECTION TESTING.— ‘‘(1) IN GENERAL.—The third party testing and ver- EFFECTIVE DATE OF 2007 AMENDMENT ification program authorized under subsection (a) Pub. L. 110–161, div. E, title V, § 568(b), Dec. 26, 2007, shall include detection testing to evaluate the per- 121 Stat. 2092, provided that: ‘‘The amendment made by formance of the security screening technology sys- Page 63 TITLE 49—TRANSPORTATION § 114

tem regarding the probability of detection, the prob- fluence mitigation plan that has been approved by ability of false alarm, and such other indicators that the Defense Security Service [now Defense Counter- the system is able to meet the TSA’s mission needs. intelligence and Security Agency] of the Department ‘‘(2) RESULTS.—The results of the third party detec- of Defense before applying to provide third party tion testing under paragraph (1) shall be considered testing. The Administrator may reject any applica- final if the results are approved by the Administra- tion to provide third party testing under subsection tion in accordance with approval standards developed (a) submitted by an entity that requires a waiver by the Administrator. under this paragraph. ‘‘(3) COORDINATION WITH FINAL TESTING.—To the ex- ‘‘(3) CONFLICTS OF INTEREST.—The Administrator tent practicable, but without compromising the in- shall ensure, to the extent possible, that an entity tegrity of the TSA test and evaluation process, the providing third party testing under this section does Administrator shall coordinate the third party detec- not have a contractual, business, or other pecuniary tion testing under paragraph (1) with any subsequent, interest (exclusive of any such testing) in— final Federal Government testing. ‘‘(A) the security screening technology subject to ‘‘(4) INTERNATIONAL STANDARDS.—To the extent such testing; or practicable and permissible under law and consider- ‘‘(B) the vendor of such technology. ing the national security interests of the United ‘‘(h) GAO REVIEW.— States, the Administrator shall— ‘‘(1) IN GENERAL.—Not later than 2 years after the ‘‘(A) share detection testing information and date of enactment of this Act [Oct. 5, 2018], the Comp- standards with appropriate international partners; troller General of the United States shall submit to and the appropriate committees of Congress a study on ‘‘(B) coordinate with the appropriate inter- the third party testing program developed under this national partners to align TSA testing and evalua- section[.] tion with relevant international standards to maxi- ‘‘(2) REVIEW.—The study under paragraph (1) shall mize the capability to detect explosives and other include a review of the following: threats. ‘‘(A) Any efficiencies or gains in effectiveness ‘‘(c) OPERATIONAL TESTING.— achieved in TSA operations, including technology ‘‘(1) IN GENERAL.—Subject to paragraph (2), the acquisition or screening operations, as a result of third party testing and verification program author- such program. ized under subsection (a) shall include operational ‘‘(B) The degree to which the TSA conducts time- testing. ly and regular oversight of the appropriate third ‘‘(2) LIMITATION.—Third party operational testing parties engaged in such testing. under paragraph (1) may not exceed 1 year. ‘‘(C) The effect of such program on the following: ‘‘(d) ALTERNATIVE.—Third party testing under sub- ‘‘(i) The introduction of innovative detection section (a) shall replace as an alternative, at the dis- technologies into security screening operations. cretion of the Administrator, the testing at the TSA ‘‘(ii) The availability of testing for technologies Systems Integration Facility, including testing for— developed by small to medium sized businesses. ‘‘(1) health and safety factors; ‘‘(D) Any vulnerabilities associated with such ‘‘(2) operator interface; program, including with respect to the following: ‘‘(3) human factors; ‘‘(i) National security. ‘‘(4) environmental factors; ‘‘(ii) Any conflicts of interest between the ap- ‘‘(5) throughput; propriate third parties engaged in such testing ‘‘(6) reliability, maintainability, and availability and the entities providing such technologies to be factors; and tested. ‘‘(7) interoperability. ‘‘(iii) Waste, fraud, and abuse.’’ ‘‘(e) TESTING AND VERIFICATION FRAMEWORK.— [For definitions of terms used in section 1911 of Pub. ‘‘(1) IN GENERAL.—The Administrator shall— L. 115–254, set out above, see section 1902 of Pub. L. ‘‘(A) establish a framework for the third party 115–254, set out as a Definitions of Terms in Title I of testing and for verifying a security technology is Div. K of Pub. L. 115–254 note under section 101 of this operationally effective and able to meet the TSA’s title.] mission needs before it may enter or re-enter, as TRANSPORTATION SECURITY ADMINISTRATION SYSTEMS applicable, the operational context at an airport or INTEGRATION FACILITY other transportation facility; ‘‘(B) use phased implementation to allow the TSA Pub. L. 115–254, div. K, title I, § 1912, Oct. 5, 2018, 132 and the third party to establish best practices; and Stat. 3552, provided that: ‘‘(C) oversee the third party testing and evalua- ‘‘(a) IN GENERAL.—The Administrator shall continue tion framework. to operate the Transportation Security Administration ‘‘(2) RECOMMENDATIONS.—The Administrator shall Systems Integration Facility (referred to in this sec- request ASAC’s Security Technology Subcommittee, tion as the ‘TSIF’) for the purposes of testing and eval- in consultation with representatives of the security uating advanced transportation security screening manufacturers industry, to develop and submit to the technologies related to the mission of the TSA. Administrator recommendations for the third party ‘‘(b) REQUIREMENTS.—The TSIF shall— testing and verification framework. ‘‘(1) evaluate the technologies described in sub- ‘‘(f) FIELD TESTING.—The Administrator shall prior- section (a) to enhance the security of transportation itize the field testing and evaluation, including by systems through screening and threat mitigation and third parties, of security technology and equipment at detection; airports and on site at security technology manufac- ‘‘(2) test the technologies described in subsection turers whenever possible as an alternative to the TSA (a) to support identified mission needs of the TSA and Systems Integration Facility. to meet requirements for acquisitions and procure- ‘‘(g) APPROPRIATE THIRD PARTIES.— ment; ‘‘(1) CITIZENSHIP REQUIREMENT.—An appropriate ‘‘(3) to the extent practicable, provide original third party under subsection (a) shall be— equipment manufacturers with test plans to mini- ‘‘(A) if an individual, a citizen of the United mize requirement interpretation disputes and adhere States; or to provided test plans; ‘‘(B) if an entity, owned and controlled by a citi- ‘‘(4) collaborate with other technical laboratories zen of the United States. and facilities for purposes of augmenting the capa- ‘‘(2) WAIVER.—The Administrator may waive the re- bilities of the TSIF; quirement under paragraph (1)(B) if the entity is a ‘‘(5) deliver advanced transportation security United States subsidiary of a parent company that screening technologies that enhance the overall secu- has implemented a foreign ownership, control, or in- rity of domestic transportation systems; and § 114 TITLE 49—TRANSPORTATION Page 64

‘‘(6) to the extent practicable, provide funding and ‘‘(ii) a railroad carrier (as the term is defined in promote efforts to enable participation by a small section 20102 of title 49, United States Code); [or] business concern (as the term is described under sec- ‘‘(iii) an owner or operator of— tion 3 of the Small Business Act (15 U.S.C. 632)) that— ‘‘(I) an entity offering scheduled, fixed-route ‘‘(A) has an advanced technology or capability; transportation services by over-the road bus (as but the term is defined in section 1501 of the Imple- ‘‘(B) does not have adequate resources to partici- menting Recommendations of the 9/11 Commis- pate in testing and evaluation processes. sion Act of 2007 (6 U.S.C. 1151)); or ‘‘(c) STAFFING AND RESOURCE ALLOCATION.—The Ad- ‘‘(II) a bus terminal; or ministrator shall ensure adequate staffing and resource ‘‘(B) other transportation facilities, equipment, allocations for the TSIF in a manner that— or systems, as determined by the Secretary. ‘‘(1) prevents unnecessary delays in the testing and ‘‘(b) PUBLIC AREA SECURITY WORKING GROUP.— evaluation of advanced transportation security ‘‘(1) WORKING GROUP.—The Administrator, in co- screening technologies for acquisitions and procure- ordination with the National Protection and Pro- ment determinations; grams Directorate, shall establish a working group to ‘‘(2) ensures the issuance of final paperwork certifi- promote collaborative engagement between the TSA cation no later than 45 days after the date such test- and public and private stakeholders to develop non- ing and evaluation has concluded; and binding recommendations for enhancing security in ‘‘(3) ensures collaboration with technology stake- public areas of transportation facilities (including fa- holders to close capabilities gaps in transportation cilities that are surface transportation assets), in- security. cluding recommendations regarding the following: ‘‘(d) DEADLINE.— ‘‘(A) Information sharing and interoperable com- ‘‘(1) IN GENERAL.—The Administrator shall notify munication capabilities among the TSA and public the appropriate committees of Congress if testing and and private stakeholders with respect to terrorist evaluation by the TSIF of an advanced transpor- or other threats. tation security screening technology under this sec- ‘‘(B) Coordinated incident response procedures. tion exceeds 180 days from the delivery date. ‘‘(C) The prevention of terrorist attacks and other ‘‘(2) NOTIFICATION.—The notification under para- incidents through strategic planning, security graph (1) shall include— training, exercises and drills, law enforcement pa- ‘‘(A) information relating to the delivery date; trols, worker vetting, and suspicious activity re- ‘‘(B) a justification for why the testing and eval- porting. uation process has exceeded 180 days; and ‘‘(D) Infrastructure protection through effective ‘‘(C) the estimated date for completion of such construction design barriers and installation of ad- testing and evaluation. vanced surveillance and other security tech- ‘‘(3) DEFINITION OF DELIVERY DATE.—In this sub- nologies. section, the term ‘delivery date’ means the date that ‘‘(2) ANNUAL REPORT.— the owner of an advanced transportation security ‘‘(A) IN GENERAL.—Not later than 1 year after the screening technology— date the working group is established under para- ‘‘(A) after installation, delivers the technology to graph (1), the Administrator shall submit to the ap- the TSA for testing and evaluation; and propriate committee of Congress [probably should ‘‘(B) submits to the Administrator, in such form be ‘‘appropriate committees of Congress’’] a report, and manner as the Administrator prescribes, a covering the 12-month period preceding the date of signed notification of the delivery described in sub- the report, on— paragraph (A). ‘‘(i) the organization of the working group; ‘‘(e) RETESTING AND EVALUATION.—Advanced trans- ‘‘(ii) the activities of the working group; portation security screening technology that fails test- ‘‘(iii) the participation of the TSA and public ing and evaluation by the TSIF may be retested and and private stakeholders in the activities of the evaluated at the discretion of the Administrator. working group; [and] ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section ‘‘(iv) the findings of the working group, includ- may be construed to affect the authority or responsibil- ing any recommendations. ity of an officer of the Department, or an officer of any ‘‘(B) PUBLICATION.—The Administrator may pub- other Federal department or agency, with respect to re- lish a public version of such report that describes search, development, testing, and evaluation of tech- the activities of the working group and such related nologies, including such authorities or responsibilities matters as would be informative to the public, con- of the Undersecretary [probably should be ‘‘Under Sec- sistent with section 552(b) of title 5, United States retary’’] for Science and Technology of the Department Code. and Assistant Secretary of the Countering Weapons of ‘‘(3) NONAPPLICABILITY OF FACA.—The Federal Advi- Mass Destruction Office of the Department.’’ sory Committee Act (5 U.S.C. App.) shall not apply to [For definitions of terms used in section 1912 of Pub. the working group established under subsection (a) L. 115–254, set out above, see section 1902 of Pub. L. [probably should be ‘‘paragraph (1)’’] or any sub- 115–254, set out as a Definitions of Terms in Title I of committee thereof. Div. K of Pub. L. 115–254 note under section 101 of this ‘‘(c) TECHNICAL ASSISTANCE.— title.] ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(A) inform owners and operators of surface PUBLIC AREA SECURITY WORKING GROUP transportation assets about the availability of Pub. L. 115–254, div. K, title I, § 1931, Oct. 5, 2018, 132 technical assistance, including vulnerability assess- Stat. 3569, provided that: ment tools and cybersecurity guidelines, to help ‘‘(a) DEFINITIONS.—In this section: protect and enhance the resilience of public areas ‘‘(1) PUBLIC AND PRIVATE STAKEHOLDERS.—The term of such assets; and ‘public and private stakeholders’ has the meaning ‘‘(B) upon request, and subject to the availability given the term in section 114(t)(1)(C) of title 49, of appropriations, provide such technical assistance United States Code. to owners and operators of surface transportation ‘‘(2) SURFACE TRANSPORTATION ASSET.—The term assets. ‘surface transportation asset’ includes— ‘‘(2) BEST PRACTICES.—Not later than 1 year after ‘‘(A) facilities, equipment, or systems used to pro- the date of enactment of this Act [Oct. 5, 2018], and vide transportation services by— periodically thereafter, the Secretary shall publish ‘‘(i) a public transportation agency (as the term on the Department website and widely disseminate, is defined in section 1402 of the Implementing as appropriate, current best practices for protecting Recommendations of the 9/11 Commission Act of and enhancing the resilience of public areas of trans- 2007 (6 U.S.C. 1131)); portation facilities (including facilities that are sur- Page 65 TITLE 49—TRANSPORTATION § 114

face transportation assets), including associated nate information to transportation community em- frameworks or templates for implementation. ployees, travelers, and the general public, as appro- ‘‘(d) REVIEW.— priate. ‘‘(1) IN GENERAL.—Not later than 1 year after the ‘‘(d) PUBLIC AWARENESS PROGRAMS.—The Secretary, date of enactment of this Act, the Administrator in coordination with the Administrator, shall expand shall— public programs of the Department of Homeland Secu- ‘‘(A) review of [sic] regulations, directives, poli- rity and the TSA that increase security threat aware- cies, and procedures issued by the Administrator ness, education, and training to include transportation regarding the transportation of a firearm and am- network public area employees, including airport and munition; and transportation vendors, local hotels, cab and limousine ‘‘(B) submit to the appropriate committees of companies, ridesharing companies, cleaning companies, Congress a report on the findings of the review gas station attendants, cargo operators, and general under subparagraph (A), including, as appropriate, aviation members.’’ information on any plans to modify any regulation, [For definitions of terms used in section 1932 of Pub. directive, policy, or procedure based on the review. L. 115–254, set out above, see section 1902 of Pub. L. ‘‘(2) CONSULTATION.—In preparing the report under 115–254, set out as a Definitions of Terms in Title I of paragraph (1), the Administrator shall consult with— Div. K of Pub. L. 115–254 note under section 101 of this ‘‘(A) ASAC; title.] ‘‘(B) the Surface Transportation Security Advi- sory Committee under section 404 of the Homeland SURFACE TRANSPORTATION SECURITY ASSESSMENT AND Security Act of 2002 [6 U.S.C. 204]; and IMPLEMENTATION OF RISK-BASED STRATEGY ‘‘(C) appropriate public and private stakehold- Pub. L. 115–254, div. K, title I, § 1964, Oct. 5, 2018, 132 ers.’’ Stat. 3604, provided that: [For definitions of terms used in section 1931 of Pub. ‘‘(a) SECURITY ASSESSMENT.— L. 115–254, set out above, see section 1902 of Pub. L. ‘‘(1) IN GENERAL.—Not later than 1 year after the 115–254, set out as a Definitions of Terms in Title I of date of enactment of this Act [Oct. 5, 2018], the Ad- Div. K of Pub. L. 115–254 note under section 101 of this ministrator shall complete an assessment of the vul- title.] nerabilities of and risks to surface transportation systems. PUBLIC AREA BEST PRACTICES ‘‘(2) CONSIDERATIONS.—In conducting the security Pub. L. 115–254, div. K, title I, § 1932, Oct. 5, 2018, 132 assessment under paragraph (1), the Administrator Stat. 3571, provided that: shall, at a minimum— ‘‘(a) IN GENERAL.—The Administrator shall, in ac- ‘‘(A) consider appropriate intelligence; cordance with law and as received or developed, peri- ‘‘(B) consider security breaches and attacks at do- odically submit information, on any best practices de- mestic and international surface transportation fa- veloped by the TSA or appropriate transportation cilities; stakeholders related to protecting the public spaces of ‘‘(C) consider the vulnerabilities and risks associ- transportation infrastructure from emerging threats, ated with specific modes of surface transportation; to the following: ‘‘(D) evaluate the vetting and security training ‘‘(1) Federal Security Directors at airports. of— ‘‘(2) Appropriate security directors for other modes ‘‘(i) employees in surface transportation; and of transportation. ‘‘(ii) other individuals with access to sensitive ‘‘(3) Other appropriate transportation security or secure areas of surface transportation net- stakeholders. works; and ‘‘(b) INFORMATION SHARING.—The Administrator shall, ‘‘(E) consider input from— in accordance with law— ‘‘(i) representatives of different modes of sur- ‘‘(1) in coordination with the Office of the Director face transportation; of National Intelligence and industry partners, imple- ‘‘(ii) representatives of critical infrastructure ment improvements to the Air Domain Intelligence entities; ‘‘(iii) the Transportation Systems Sector Co- and Analysis Center to encourage increased partici- ordinating Council; and pation from stakeholders and enhance government ‘‘(iv) the heads of other relevant Federal depart- and industry security information sharing on trans- ments or agencies. portation security threats, including on ‘‘(b) RISK-BASED SURFACE TRANSPORTATION SECURITY cybersecurity threat awareness; STRATEGY.— ‘‘(2) expand and improve the City and Airport ‘‘(1) IN GENERAL.—Not later than 180 days after the Threat Assessment or similar program to public and date the security assessment under subsection (a) is private stakeholders to capture, quantify, commu- complete, the Administrator shall use the results of nicate, and apply applicable intelligence to inform the assessment— transportation infrastructure mitigation measures, ‘‘(A) to develop and implement a cross-cutting, such as— risk-based surface transportation security strategy ‘‘(A) quantifying levels of risk by airport that can that includes— be used to determine risk-based security mitigation ‘‘(i) all surface transportation modes; measures at each location; and ‘‘(ii) a mitigating strategy that aligns with ‘‘(B) determining random and surge employee in- each vulnerability and risk identified in sub- spection operations based on changing levels of section (a); risk; ‘‘(iii) a planning process to inform resource al- ‘‘(3) continue to disseminate Transportation Intel- location; ligence Notes, tear-lines, and related intelligence ‘‘(iv) priorities, milestones, and performance products to appropriate transportation security metrics to measure the effectiveness of the risk- stakeholders on a regular basis; and based surface transportation security strategy; ‘‘(4) continue to conduct both regular routine and and threat-specific classified briefings between the TSA ‘‘(v) processes for sharing relevant and timely and appropriate transportation sector stakeholders intelligence threat information with appropriate on an individual or group basis to provide greater in- stakeholders; formation sharing between public and private sectors. ‘‘(B) to develop a management oversight strategy ‘‘(c) MASS NOTIFICATION.—The Administrator shall that— encourage security stakeholders to utilize mass notifi- ‘‘(i) identifies the parties responsible for the im- cation systems, including the Integrated Public Alert plementation, management, and oversight of the Warning System of the Federal Emergency Manage- risk-based surface transportation security strat- ment Agency and social media platforms, to dissemi- egy; and § 114 TITLE 49—TRANSPORTATION Page 66

‘‘(ii) includes a plan for implementing the risk- port that describes a risk-based budget and resource al- based surface transportation security strategy; location plan for surface transportation sectors, within and and across modes, that— ‘‘(C) to modify the risk-based budget and resource ‘‘(1) reflects the risk-based surface transportation allocations, in accordance with section 1965(c) [set security strategy under section 1964(b) [set out as a out as a note below], for the Transportation Secu- note above]; and rity Administration. ‘‘(2) is organized by appropriations account, pro- ‘‘(2) COORDINATED APPROACH.—In developing and im- gram, project, and initiative. plementing the risk-based surface transportation se- ‘‘(b) BUDGET TRANSPARENCY.—In submitting the an- curity strategy under paragraph (1), the Adminis- nual budget of the United States Government under trator shall coordinate with the heads of other rel- section 1105 of title 31, United States Code, the Presi- evant Federal departments or agencies, and stake- dent shall clearly distinguish the resources requested holders, as appropriate— for surface transportation security from the resources ‘‘(A) to evaluate existing surface transportation requested for aviation security. security programs, policies, and initiatives, includ- ‘‘(c) RESOURCE REALLOCATION.— ing the explosives detection canine teams, for con- ‘‘(1) IN GENERAL.—Not later than 15 days after the sistency with the risk-based security strategy and, date on which the Transportation Security Adminis- to the extent practicable, avoid any unnecessary tration allocates any resources or personnel, includ- duplication of effort; ing personnel sharing, detailing, or assignment, or ‘‘(B) to determine the extent to which stake- the use of facilities, technology systems, or vetting holder security programs, policies, and initiatives resources, for a nontransportation security purpose address the vulnerabilities and risks to surface or National Special Security Event (as defined in sec- transportation systems identified in subsection (a); tion 2001 of Homeland Security Act of 2002 (6 U.S.C. and 601)), the Secretary shall provide the notification de- ‘‘(C) subject to subparagraph (B), to mitigate each scribed in paragraph (2) to the appropriate commit- vulnerability and risk to surface transportation tees of Congress. systems identified in subsection (a). ‘‘(2) NOTIFICATION.—A notification described in this ‘‘(c) REPORT.— paragraph shall include— ‘‘(1) IN GENERAL.—Not later than 180 days after the ‘‘(A) the reason for and a justification of the re- date the security assessment under subsection (a) is source or personnel allocation; complete, the Administrator shall submit to the ap- ‘‘(B) the expected end date of the resource or per- propriate committees of Congress and the Inspector sonnel allocation; and General of the Department a report that— ‘‘(C) the projected cost to the Transportation Se- ‘‘(A) describes the process used to complete the curity Administration of the personnel or resource security assessment; allocation. ‘‘(B) describes the process used to develop the ‘‘(d) 5-YEAR CAPITAL INVESTMENT PLAN.—Not later risk-based security strategy; than 180 days after the date of enactment of this Act ‘‘(C) describes the risk-based security strategy; [Oct. 5, 2018], the Administrator shall submit to the ‘‘(D) includes the management oversight strat- Committee on Commerce, Science, and Transportation egy; of the Senate and the Committee on Homeland Secu- ‘‘(E) includes— rity of the House of Representatives a 5-year capital in- ‘‘(i) the findings of the security assessment; vestment plan, consistent with the 5-year technology ‘‘(ii) a description of the actions recommended investment plan under section 1611 of title XVI of the or taken by the Administrator to mitigate the Homeland Security Act of 2002 [6 U.S.C. 563], as amend- vulnerabilities and risks identified in subsection ed by section 3 of the Transportation Security Acquisi- (a), including interagency coordination; tion Reform Act (Public Law 113–245; 128 Stat. 2871).’’ ‘‘(iii) any recommendations for improving the [For definitions of terms used in section 1965 of Pub. coordinated approach to mitigating vulnerabili- L. 115–254, set out above, see section 1902 of Pub. L. ties and risks to surface transportation systems; 115–254, set out as a Definitions of Terms in Title I of and Div. K of Pub. L. 115–254 note under section 101 of this ‘‘(iv) any recommended changes to the National title.] Infrastructure Protection Plan, the modal an- nexes to such plan, or relevant surface transpor- TRANSPARENCY tation security programs, policies, or initiatives; Pub. L. 115–254, div. K, title I, § 1967, Oct. 5, 2018, 132 and Stat. 3607, provided that: ‘‘(F) may contain a classified annex. ‘‘(a) REGULATIONS.— ‘‘(2) PROTECTIONS.—In preparing the report, the Ad- ‘‘(1) IN GENERAL.—Not later than 180 days after the ministrator shall take appropriate actions to safe- date of enactment of this Act [Oct. 5, 2018], and every guard information described by section 552(b) of title 180 days thereafter, the Administrator [of the Trans- 5, United States Code, or protected from disclosure by portation Security Administration] shall publish on a any other law of the United States. public website information regarding the status of ‘‘(d) UPDATES.—Not less frequently than semiannu- each regulation relating to surface transportation se- ally, the Administrator shall report to or brief the ap- curity that is directed by law to be issued and that propriate committees of Congress on the vulnerabili- has not been issued if not less than 2 years have ties of and risks to surface transportation systems and passed since the date of enactment of the law. how those vulnerabilities and risks affect the risk- ‘‘(2) CONTENTS.—The information published under based security strategy.’’ paragraph (1) shall include— [For definitions of terms used in section 1964 of Pub. ‘‘(A) an updated rulemaking schedule for the out- L. 115–254, set out above, see section 1902 of Pub. L. standing regulation; 115–254, set out as a Definitions of Terms in Title I of ‘‘(B) current staff allocations; Div. K of Pub. L. 115–254 note under section 101 of this ‘‘(C) data collection or research relating to the title.] development of the rulemaking; ‘‘(D) current efforts, if any, with security experts, RISK-BASED BUDGETING AND RESOURCE ALLOCATION advisory committees, and other stakeholders; and Pub. L. 115–254, div. K, title I, § 1965, Oct. 5, 2018, 132 ‘‘(E) other relevant details associated with the de- Stat. 3606, provided that: velopment of the rulemaking that impact the ‘‘(a) REPORT.—In conjunction with the submission of progress of the rulemaking. the Department’s annual budget request to the Office ‘‘(b) INSPECTOR GENERAL REVIEW.—Not later than 180 of Management and Budget, the Administrator shall days after the date of enactment of this Act, and every submit to the appropriate committees of Congress a re- 2 years thereafter until all of the requirements under Page 67 TITLE 49—TRANSPORTATION § 114 titles XIII [6 U.S.C. 1111 et seq.], XIV [6 U.S.C. 1131 et ‘‘(2) A summary that ranks the risks within and seq.], and XV [6 U.S.C. 1151 et seq.] of the Implementing across modes. Recommendations of the 9/11 Commission Act of 2007 (6 ‘‘(3) A description of the risk-based priorities for se- U.S.C. 1111 et seq.) and under this title [see Tables for curing the transportation sector that identifies and classification] have been fully implemented, the In- prioritizes the greatest security needs of such trans- spector General of the Department shall submit to the portation sector, both across and within modes, in appropriate committees of Congress [Committees on the order that such priorities should be addressed. Commerce, Science, and Transportation and Homeland ‘‘(4) Information on the underlying methodologies Security and Governmental Affairs of the Senate and used to assess risks across and within each transpor- Committee on Homeland Security of the House of Rep- tation mode and the basis for any assumptions re- resentatives] a report that— garding threats, vulnerabilities, and consequences ‘‘(1) identifies the requirements under such titles of made in assessing and prioritizing risks within each that Act and under this title that have not been fully such mode and across modes. implemented; ‘‘(d) CLASSIFICATION.—The information provided ‘‘(2) describes what, if any, additional action is nec- under subsection (c) may be submitted in a classified essary; and format or unclassified format, as the Administrator ‘‘(3) includes recommendations regarding whether considers appropriate.’’ any of the requirements under such titles of that Act [For definitions of terms used in section 1986 of Pub. or this title should be amended or repealed.’’ L. 115–254, set out above, see section 1902 of Pub. L. TSA COUNTERTERRORISM ASSET DEPLOYMENT 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this Pub. L. 115–254, div. K, title I, § 1968(a), Oct. 5, 2018, 132 title.] Stat. 3608, provided that: ‘‘(1) IN GENERAL.—If the Administrator [of the Trans- INTEGRATED AND UNIFIED OPERATIONS CENTERS portation Security Administration] deploys any Pub. L. 115–254, div. K, title I, § 1987, Oct. 5, 2018, 132 counterterrorism personnel or resource, such as explo- Stat. 3622, provided that: sive detection sweeps, random bag inspections, or pa- ‘‘(a) FRAMEWORK.—Not later than 120 days after the trols by Visible Intermodal Prevention and Response date of enactment of this Act [Oct. 5, 2018], the Admin- teams, to enhance security at a transportation system istrator, in consultation with the heads of other appro- or transportation facility for a period of not less than priate offices or components of the Department, shall 180 consecutive days, the Administrator shall provide make available to public and private stakeholders a sufficient notification to the system or facility opera- framework for establishing an integrated and unified tor, as applicable, not less than 14 days prior to termi- operations center responsible for overseeing daily oper- nating the deployment. ations of a transportation facility that promotes co- ‘‘(2) EXCEPTION.—This subsection shall not apply if ordination for responses to terrorism, serious incidents, the Administrator— ‘‘(A) determines there is an urgent security need for and other purposes, as determined appropriate by the the personnel or resource described in paragraph (1); Administrator. EPORT.—Not later than 1 year after the date of and ‘‘(b) R ‘‘(B) notifies the appropriate committees of Con- enactment of this Act, the Administrator shall brief gress [Committees on Commerce, Science, and Trans- the appropriate committees of Congress regarding the portation and Homeland Security and Governmental establishment and activities of integrated and unified Affairs of the Senate and Committee on Homeland operations centers at transportation facilities at which Security of the House of Representatives] of the de- the TSA has a presence.’’ termination under subparagraph (A).’’ [For definitions of terms used in section 1987 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. BEST PRACTICES TO SECURE AGAINST VEHICLE-BASED 115–254, set out as a Definitions of Terms in Title I of ATTACKS Div. K of Pub. L. 115–254 note under section 101 of this Pub. L. 115–254, div. K, title I, § 1982, Oct. 5, 2018, 132 title.] Stat. 3620, provided that: ‘‘Not later than 180 days after INFORMATION SHARING AND CYBERSECURITY the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator [of the Transportation Security Adminis- Pub. L. 115–254, div. K, title I, § 1989, Oct. 5, 2018, 132 tration] shall disseminate best practices to public and Stat. 3624, provided that: private stakeholders regarding how to enhance trans- ‘‘(a) FEDERAL SECURITY DIRECTORS.—[Amended sec- portation security against the threat of a vehicle-based tion 44933 of this title.] terrorist attack.’’ ‘‘(b) PLAN TO IMPROVE INFORMATION SHARING.— ‘‘(1) IN GENERAL.—Not later than 180 days after the RISK SCENARIOS date of enactment of this Act [Oct. 5, 2018], the Ad- Pub. L. 115–254, div. K, title I, § 1986, Oct. 5, 2018, 132 ministrator shall develop a plan to improve intel- Stat. 3621, provided that: ligence information sharing with State and local ‘‘(a) IN GENERAL.—The Administrator shall annually transportation entities that includes best practices develop, consistent with the transportation modal se- to ensure that the information shared is actionable, curity plans required under section 114(s) of title 49, useful, and not redundant. United States Code, risk-based priorities based on risk ‘‘(2) CONTENTS.—The plan required under paragraph assessments conducted or received by the Secretary (1) shall include the following: across all transportation modes that consider threats, ‘‘(A) The incorporation of best practices for infor- vulnerabilities, and consequences. mation sharing. ‘‘(b) SCENARIOS.—The Administrator shall ensure that ‘‘(B) The identification of areas of overlap and re- the risk-based priorities identified under subsection (a) dundancy. are informed by an analysis of terrorist attack sce- ‘‘(C) An evaluation and incorporation of stake- narios for each transportation mode, including cyber- holder input in the development of such plan. attack scenarios and intelligence and open source in- ‘‘(D) The integration of any recommendations of formation about current and evolving threats. the Comptroller General of the United States on in- ‘‘(c) REPORT.—Not later than 120 days after the date formation sharing. that annual risk-based priorities are developed under ‘‘(3) SOLICITATION.—The Administrator shall solicit subsection (a), the Administrator shall submit to the on an annual basis input from appropriate stakehold- appropriate committees of Congress a report that in- ers, including State and local transportation entities, cludes the following: on the quality and quantity of intelligence received ‘‘(1) Copies of the risk assessments for each trans- by such stakeholders relating to information sharing. portation mode. ‘‘(c) BEST PRACTICES SHARING.— § 114 TITLE 49—TRANSPORTATION Page 68

‘‘(1) IN GENERAL.—Not later than 180 days after the pates in the Registered Traveler or successor program date of enactment of this Act [Oct. 5, 2018], the Ad- of the Transportation Security Administration shall ministrator shall establish a mechanism to share hereafter safeguard and dispose of such information in with State and local transportation entities best accordance with the requirements in— practices from across the law enforcement spectrum, ‘‘(1) the National Institute for Standards and Tech- including Federal, State, local, and tribal entities, nology Special Publication 800–30, entitled ‘Risk that relate to employee training, employee profes- Management Guide for Information Technology Sys- sional development, technology development and de- tems’; ployment, hardening tactics, and passenger and em- ‘‘(2) the National Institute for Standards and Tech- ployee awareness programs. nology Special Publication 800–53, Revision 3, enti- ‘‘(2) CONSULTATION.—The Administrator shall so- tled ‘Recommended Security Controls for Federal In- licit and incorporate stakeholder input— formation Systems and Organizations’; and ‘‘(A) in developing the mechanism for sharing ‘‘(3) any supplemental standards established by the best practices as required under paragraph (1); and Administrator of the Transportation Security Ad- ‘‘(B) not less frequently than annually on the ministration (referred to in this section as the ‘Ad- quality and quantity of information such stake- ministrator’). holders receive through the mechanism established ‘‘(b) The airport authority or air carrier operator under such paragraph. that sponsors the company under the Registered Trav- ‘‘(d) CYBERSECURITY.— eler program shall hereafter be known as the ‘Sponsor- ‘‘(1) IN GENERAL.—The Administrator, in consulta- ing Entity’. tion with the Secretary, shall— ‘‘(c) The Administrator shall hereafter require any ‘‘(A) not later than 120 days after the date of en- company covered by subsection (a) to provide, not later actment of this Act [Oct. 5, 2018], implement the than 30 days after the date of enactment of this Act Framework for Improving Critical Infrastructure [Mar. 4, 2015], to the Sponsoring Entity written certifi- Cybersecurity (referred to in this section as the cation that the procedures used by the company to ‘Framework’ developed by the National Institute of safeguard and dispose of information are in compliance Standards and Technology, and any update to such with the requirements under subsection (a). Such cer- Framework under section 2 of the National Insti- tification shall include a description of the procedures tute of Standards and Technology Act (15 U.S.C. used by the company to comply with such require- 272), to manage the agency’s cybersecurity risks; ments.’’ and ‘‘(B) evaluate, on a periodic basis, but not less REGISTERED TRAVELER PROGRAMS AND BIOMETRICALLY- often than biennially, the use of the Framework SECURE CARDS under subparagraph (A). Pub. L. 110–161, div. E, title V, § 571, Dec. 26, 2007, 121 ‘‘(2) CYBERSECURITY ENHANCEMENTS TO AVIATION SE- Stat. 2093, provided that: ‘‘Effective no later than nine- CURITY ACTIVITIES.—The Secretary, in consultation ty days after the date of enactment of this Act [Dec. 26, with the Secretary of Transportation, shall, upon re- 2007], the Transportation Security Administration shall quest, conduct cybersecurity vulnerability assess- permit approved members of Registered Traveler pro- ments for airports and air carriers. grams to satisfy fully the required identity verification ‘‘(3) TSA TRUSTED TRAVELER AND CREDENTIALING procedures at security screening checkpoints by pre- PROGRAM CYBER EVALUATION.— senting a biometrically-secure Registered Traveler ‘‘(A) EVALUATION REQUIRED.—Not later than 120 days after the date of enactment of this Act, the card in lieu of the government-issued photo identifica- Provided Secretary shall— tion document required of non-participants: , ‘‘(i) evaluate the cybersecurity of TSA trusted That if their identity is not confirmed biometrically, traveler and credentialing programs that contain the standard identity and screening procedures will personal information of specific individuals or in- apply: Provided further, That if the Assistant Secretary formation that identifies specific individuals, in- (Transportation Security Administration) determines cluding the Transportation Worker Identification this is a threat to civil aviation, then the Assistant Credential and PreCheck programs; Secretary (Transportation Security Administration) ‘‘(ii) identify any cybersecurity risks under the shall notify the Committees on Appropriations of the programs described in clause (i); and Senate and House of Representatives five days in ad- ‘‘(iii) develop remediation plans to address the vance of such determination and require Registered cybersecurity risks identified under clause (ii). Travelers to present government-issued photo identi- ‘‘(B) SUBMISSION TO CONGRESS.—Not later than 30 fication documents in conjunction with a biometri- days after the date the evaluation under subpara- cally-secure Registered Traveler card.’’ graph (A) is complete, the Secretary shall submit CONGRESSIONAL OVERSIGHT OF SECURITY ASSURANCE to the appropriate committees of Congress informa- FOR PUBLIC AND PRIVATE STAKEHOLDERS tion relating to such evaluation, including any cybersecurity vulnerabilities identified and remedi- Pub. L. 110–53, title XII, § 1203(b), Aug. 3, 2007, 121 ation plans to address such vulnerabilities. Such Stat. 385, as amended by Pub. L. 115–254, div. K, title I, submission shall be provided in a classified form. § 1904(b)(2), Oct. 5, 2018, 132 Stat. 3545, provided that: ‘‘(4) DEFINITIONS.—In this subsection, the terms ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), ‘cybersecurity risk’ and ‘incident’ have the meanings the Secretary [of Homeland Security] shall provide a given the terms in section 227 [now section 2209] of semiannual report to the Committee on Homeland Se- the Homeland Security Act of 2002 (6 U.S.C. 148) [now curity and Governmental Affairs, the Committee on 6 U.S.C. 659].’’ Commerce, Science, and Transportation, and the Com- [For definitions of terms used in section 1989 of Pub. mittee on Banking, Housing, and Urban Affairs of the L. 115–254, set out above, see section 1902 of Pub. L. Senate and the Committee on Homeland Security and 115–254, set out as a Definitions of Terms in Title I of the Committee on Transportation and Infrastructure of Div. K of Pub. L. 115–254 note under section 101 of this the House of Representatives that includes— title.] ‘‘(A) the number of public and private stakeholders who were provided with each report; SAFEGUARDING AND DISPOSAL OF PERSONAL INFORMA- ‘‘(B) a description of the measures the Secretary TION OF REGISTERED TRAVELER PROGRAM PARTICI- has taken to ensure proper treatment and security PANTS for any classified information to be shared with the Pub. L. 114–4, title V, § 536, Mar. 4, 2015, 129 Stat. 67, public and private stakeholders under the Plan; and provided that: ‘‘(C) an explanation of the reason for the denial of ‘‘(a) Any company that collects or retains personal transportation security information to any stake- information directly from any individual who partici- holder who had previously received such information. Page 69 TITLE 49—TRANSPORTATION § 114

‘‘(2) NO REPORT REQUIRED IF NO CHANGES IN STAKE- notwithstanding section 553 of title 5, United States HOLDERS.—The Secretary is not required to provide a Code, the Secretary of Homeland Security shall impose semiannual report under paragraph (1) if no stakehold- a fee for any registered traveler program undertaken ers have been added to or removed from the group of by the Department of Homeland Security by notice in persons with whom transportation security informa- the Federal Register, and may modify the fee from tion is shared under the plan [probably should be time to time by notice in the Federal Register: Pro- ‘‘Plan’’] since the end of the period covered by the last vided, That such fees shall not exceed the aggregate preceding semiannual report.’’ costs associated with the program and shall be credited to the Transportation Security Administration reg- SPECIALIZED TRAINING istered traveler fee account, to be available until ex- Pub. L. 110–53, title XVI, § 1611, Aug. 3, 2007, 121 Stat. pended.’’ 485, provided that: ‘‘The Administrator of the Transpor- tation Security Administration shall provide advanced ENHANCED SECURITY MEASURES training to transportation security officers for the de- Pub. L. 107–71, title I, § 109, Nov. 19, 2001, 115 Stat. 613, velopment of specialized security skills, including be- as amended by Pub. L. 107–296, title XIV, § 1403(b), Nov. havior observation and analysis, explosives detection, 25, 2002, 116 Stat. 2306, provided that: and document examination, in order to enhance the ef- ‘‘(a) IN GENERAL.—The Under Secretary of Transpor- fectiveness of layered transportation security meas- tation for Security [now the Administrator of the ures.’’ Transportation Security Administration] may take the following actions: INAPPLICABILITY OF PERSONNEL LIMITATIONS AFTER ‘‘(1) Require effective 911 emergency call capability FISCAL YEAR 2007 for telephones serving passenger aircraft and pas- Pub. L. 110–53, title XVI, § 1612, Aug. 3, 2007, 121 Stat. senger trains. 485, provided that: ‘‘(2) Establish a uniform system of identification ‘‘(a) IN GENERAL.—Notwithstanding any provision of for all State and local law enforcement personnel for law, any statutory limitation on the number of em- use in obtaining permission to carry weapons in air- ployees in the Transportation Security Administration, craft cabins and in obtaining access to a secured area before or after its transfer to the Department of Home- of an airport, if otherwise authorized to carry such land Security from the Department of Transportation, weapons. does not apply after fiscal year 2007. ‘‘(3) Establish requirements to implement trusted ‘‘(b) AVIATION SECURITY.—Notwithstanding any provi- passenger programs and use available technologies to sion of law imposing a limitation on the recruiting or expedite the security screening of passengers who hiring of personnel into the Transportation Security participate in such programs, thereby allowing secu- Administration to a maximum number of permanent rity screening personnel to focus on those passengers positions, the Secretary of Homeland Security shall re- who should be subject to more extensive screening. cruit and hire such personnel into the Administration ‘‘(4) In consultation with the Commissioner of the as may be necessary— Food and Drug Administration, develop alternative ‘‘(1) to provide appropriate levels of aviation secu- security procedures under which a medical product to rity; and be transported on a flight of an air carrier would not ‘‘(2) to accomplish that goal in such a manner that be subject to an inspection that would irreversibly the average aviation security-related delay experi- damage the product. enced by airline passengers is reduced to a level of ‘‘(5) Provide for the use of technologies, including less than 10 minutes.’’ wireless and wire line data technologies, to enable the private and secure communication of threats to LEASE OF PROPERTY TO TRANSPORTATION SECURITY aid in the screening of passengers and other individ- ADMINISTRATION EMPLOYEES uals on airport property who are identified on any Pub. L. 109–90, title V, § 514, Oct. 18, 2005, 119 Stat. State or Federal security-related data base for the 2084, provided that: ‘‘Notwithstanding section 3302 of purpose of having an integrated response coordina- title 31, United States Code, for fiscal year 2006 and tion of various authorized airport security forces. thereafter, the Administrator of the Transportation Se- ‘‘(6) In consultation with the Administrator of the curity Administration may impose a reasonable charge Federal Aviation Administration, consider whether for the lease of real and personal property to Transpor- to require all pilot licenses to incorporate a photo- tation Security Administration employees and for use graph of the license holder and appropriate biometric by Transportation Security Administration employees imprints. and may credit amounts received to the appropriation ‘‘(7) Provide for the use of voice stress analysis, bio- or fund initially charged for operating and maintaining metric, or other technologies to prevent a person who the property, which amounts shall be available, with- might pose a danger to air safety or security from out fiscal year limitation, for expenditure for property boarding the aircraft of an air carrier or foreign air management, operation, protection, construction, re- carrier in air transportation or intrastate air trans- pair, alteration, and related activities.’’ portation. Similar provisions were contained in the following ‘‘(8) Provide for the use of technology that will per- prior appropriation act: mit enhanced instant communications and informa- Pub. L. 108–334, title V, § 516, Oct. 18, 2004, 118 Stat. tion between airborne passenger aircraft and appro- 1318. priate individuals or facilities on the ground. ‘‘(9) Require that air carriers provide flight attend- ACQUISITION MANAGEMENT SYSTEM OF THE ants with a discreet, hands-free, wireless method of TRANSPORTATION SECURITY ADMINISTRATION communicating with the pilots. Pub. L. 109–90, title V, § 515, Oct. 18, 2005, 119 Stat. ‘‘(b) REPORT.—Not later than 6 months after the date 2084, provided that: ‘‘For fiscal year 2006 and thereafter, of enactment of this Act [Nov. 19, 2001], and annually the acquisition management system of the Transpor- thereafter until the Under Secretary [now the Adminis- tation Security Administration shall apply to the ac- trator of the Transportation Security Administration] quisition of services, as well as equipment, supplies, has implemented or decided not to take each of the ac- and materials.’’ tions specified in subsection (a), the Under Secretary Similar provisions were contained in the following shall transmit to Congress a report on the progress of prior appropriation act: the Under Secretary in evaluating and taking such ac- Pub. L. 108–334, title V, § 517, Oct. 18, 2004, 118 Stat. tions, including any legislative recommendations that 1318. the Under Secretary may have for enhancing transpor- tation security.’’ REGISTERED TRAVELER PROGRAM FEE [For definitions of terms used in section 109 of Pub. Pub. L. 109–90, title V, § 540, Oct. 18, 2005, 119 Stat. L. 107–71, set out above, see section 133 of Pub. L. 107–71, 2088, provided that: ‘‘For fiscal year 2006 and thereafter, set out as a note under section 40102 of this title.] § 115 TITLE 49—TRANSPORTATION Page 70

§ 115. Transportation Security Oversight Board REFERENCES IN TEXT

(a) IN GENERAL.—There is established in the Section 40119 of this title, referred to in subsec. (e), Department of Homeland Security a board to be was repealed by Pub. L. 115–254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627. known as the ‘‘Transportation Security Over- sight Board’’. AMENDMENTS (b) MEMBERSHIP.— 2018—Subsec. (c)(1). Pub. L. 115–254, § 1991(b)(1), sub- (1) NUMBER AND APPOINTMENT.—The Board stituted ‘‘Administrator of the Transportation Secu- shall be composed of 7 members as follows: rity Administration’’ for ‘‘Under Secretary of Trans- (A) The Secretary of Homeland Security, portation for security’’. or the Secretary’s designee. Subsec. (c)(6). Pub. L. 115–254, § 1991(b)(2), substituted (B) The Secretary of Transportation, or ‘‘Administrator’’ for ‘‘Under Secretary’’. the Secretary’s designee. 2010—Subsec. (b)(1)(F). Pub. L. 111–259 amended sub- par. (F) generally. Prior to amendment, subpar. (F) (C) The Attorney General, or the Attorney read as follows: ‘‘The Director of the Central Intel- General’s designee. ligence Agency, or the Director’s designee.’’ (D) The Secretary of Defense, or the Sec- 2002—Subsec. (a). Pub. L. 107–296, § 426(a)(1), sub- retary’s designee. stituted ‘‘Department of Homeland Security’’ for ‘‘De- (E) The Secretary of the Treasury, or the partment of Transportation’’. Secretary’s designee. Subsec. (b)(1). Pub. L. 107–296, § 426(a)(2), added sub- (F) The Director of National Intelligence, par. (A), redesignated former subpars. (A) to (F) as (B) or the Director’s designee. to (G), respectively, and struck out former subpar. (G) which read as follows: ‘‘One member appointed by the (G) One member appointed by the Presi- President to represent the Office of Homeland Secu- dent to represent the National Security rity.’’ Council. Subsec. (b)(2). Pub. L. 107–296, § 426(a)(3), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary of (2) CHAIRPERSON.—The Chairperson of the Transportation’’. Board shall be the Secretary of Homeland Se- curity. EFFECTIVE DATE OF 2002 AMENDMENT (c) DUTIES.—The Board shall— Amendment by Pub. L. 107–296 effective 60 days after (1) review and ratify or disapprove any regu- Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as lation or security directive issued by the Ad- an Effective Date note under section 101 of Title 6, Do- mestic Security. ministrator of the Transportation Security Administration under section 114(l)(2) within TRANSFER OF FUNCTIONS 30 days after the date of issuance of such regu- For transfer of functions, personnel, assets, and li- lation or directive; abilities of the Transportation Security Administra- (2) facilitate the coordination of intel- tion of the Department of Transportation, including ligence, security, and law enforcement activi- the functions of the Secretary of Transportation, and ties affecting transportation; of the Under Secretary of Transportation for Security, (3) facilitate the sharing of intelligence, se- relating thereto, to the Secretary of Homeland Secu- curity, and law enforcement information af- rity, and for treatment of related references, see sec- fecting transportation among Federal agencies tions 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security and with carriers and other transportation Reorganization Plan of November 25, 2002, as modified, providers as appropriate; set out as a note under section 542 of Title 6. (4) explore the technical feasibility of devel- oping a common database of individuals who § 116. National Surface Transportation and Inno- may pose a threat to transportation or na- vative Finance Bureau tional security; (a) ESTABLISHMENT.—The Secretary of Trans- (5) review plans for transportation security; portation shall establish a National Surface (6) make recommendations to the Adminis- Transportation and Innovative Finance Bureau trator regarding matters reviewed under para- in the Department. graph (5). (b) PURPOSES.—The purposes of the Bureau (d) QUARTERLY MEETINGS.—The Board shall shall be— meet at least quarterly. (1) to provide assistance and communicate (e) CONSIDERATION OF SECURITY INFORMATION.— best practices and financing and funding op- A majority of the Board may vote to close a portunities to eligible entities for the pro- meeting of the Board to the public, except that grams referred to in subsection (d)(1); meetings shall be closed to the public whenever (2) to administer the application processes classified,1 sensitive security information, or in- for programs within the Department in ac- formation protected in accordance with section cordance with subsection (d); 40119(b),2 will be discussed. (3) to promote innovative financing best (Added Pub. L. 107–71, title I, § 102(a), Nov. 19, practices in accordance with subsection (e); 2001, 115 Stat. 604; amended Pub. L. 107–296, title (4) to reduce uncertainty and delays with re- IV, § 426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L. spect to environmental reviews and permit- 111–259, title IV, § 411, Oct. 7, 2010, 124 Stat. 2725; ting in accordance with subsection (f); and Pub. L. 115–254, div. K, title I, § 1991(b), Oct. 5, (5) to reduce costs and risks to taxpayers in 2018, 132 Stat. 3626.) project delivery and procurement in accord- ance with subsection (g).

1 So in original. The word ‘‘information’’ probably should be in- (c) EXECUTIVE DIRECTOR.— serted. (1) APPOINTMENT.—The Bureau shall be head- 2 See References in Text note below. ed by an Executive Director, who shall be ap-