49 U.S. Code § 114 - Transportation Security Administration

The Transportation Security Administration shall be an administration of the Department of Homeland Security .

Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate , after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the (2) Deputy administrator.—

There is established in the Transportation Security Administration a DeputyTransportation Security Administration . The Deputy (B) Vacancy.—

There is established in the Transportation Security Administration a Chief Counsel, who shall advise theTransportation Security Administration .

carrying out chapter 449, relating to civil aviation security, and related research and development activities; and

security responsibilities over other modes of transportation that are exercised by the Department of Transportation .

be responsible for day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation under sections 44901 and 44935;

be responsible for hiring and training personnel to provide security screening at all airports in the United States where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of other appropriate Federal agencies and departments.

(f) Additional Duties and Powers.— In addition to carrying out the functions specified in subsections (d) and (e), the (1)

serve as the primary liaison for transportation security to the intelligence and law enforcement communities;

on a day-to-day basis, manage and provide operational guidance to the field security resources of the Administration, including Federal Security Managers as provided by section 44933;

identify and undertake research and development activities necessary to enhance transportation security;

oversee the implementation, and ensure the adequacy, of security measures at airports and other transportation facilities;

require background checks for airport security screening personnel, individuals with access to secure areas of airports, and other transportation security personnel;

work with the International Civil Aviation Organization and appropriate aeronautic authorities of foreign governments under section 44907 to address security concerns on passenger flights by foreign air carriers in foreign air transportation;

establish and maintain a National Deployment Office as required under section 44948 of this title; and

carry out such other duties, and exercise such other powers, relating to transportation security as the (g) National Emergency Responsibilities.—

(1) In general.— Subject to the direction and control of the Secretary of Homeland Security , the (A)

To coordinate domestic transportation, including aviation, rail, and other surface transportation, and maritime transportation (including port security).

To coordinate and oversee the transportation-related responsibilities of other departments and agencies of the Federal Government other than the Department of Defense and the military departments.

To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation.

To carry out such other duties, and exercise such other powers, relating to transportation during a national emergency as the Secretary of Homeland Security shall prescribe.

The authority of the agency of the Federal Government under law with respect to transportation or transportation-related matters, whether or not during a national emergency.

The Secretary of Homeland Security shall prescribe the circumstances constituting a national emergency for purposes of this subsection.

(h) Management of Security Information.— In consultation with the Transportation Security Oversight Board, the (1)

enter into memoranda of understanding with Federal agencies or other entities to share or otherwise cross-check as necessary data on individuals identified on Federal (2)

(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and procedures requiring air carriers—

to use information from government agencies to identify individuals on passenger lists who may be a threat to civil aviation or national security; and

if such an individual is identified, notify appropriate law enforcement agencies, prevent the individual from boarding an aircraft, or take other appropriate action with respect to that individual; and

consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national security.

In taking any action under this section that could affect safety, the National Transportation Safety Board .

to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within and outside the continental United States, as the (B)

to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the (C)

to lease to others such real and personal property and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities;

to acquire services, including such personal services as the Secretary of Homeland Security determines necessary, and to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and

Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.

Notwithstanding any other provision of law or executive order (including an executive order requiring a cost-benefit analysis), if the (B) Review by transportation security oversight board.—

Any regulation or security directive issued under this paragraph shall be subject to review by the Transportation Security Oversight Board established under section 115. Any regulation or security directive issued under this paragraph shall remain effective for a period not to exceed 90 days unless ratified or disapproved by the Board or rescinded by the (3) Factors to consider.—

In determining whether to issue, rescind, or revise a regulation under this section, the (4) Airworthiness objections by faa.—

(2) Meritorious executive or distinguished executive rank awards.— Notwithstanding section 40122(g)(2) of this title, the applicable sections of title 5 shall apply to the Transportation Security Administration personnel management system, except that—

the term “senior executive” means a Transportation Security Administration executive serving on a Transportation Security Executive Service appointment;

the term “career appointee” means a Transportation Security Administration executive serving on a career Transportation Security Executive Service appointment; and

The [1] term “senior career employee” means a Transportation Security Administration employee covered by the Transportation Security Administration Core Compensation System at the L or M pay band;

receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system; and

receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system.

(3) Definition of applicable sections of title 5.— In this subsection, the term “applicable sections of title 5” means—

The Transportation Security Administration shall be subject to chapter 4 of title 5 and other laws relating to the authority of the Inspector General of the Department of Homeland Security .

(2) Powers.— While engaged in official duties of the Administration as required to fulfill the responsibilities under this section, a law enforcement officer designated under paragraph (1) may—

make an arrest without a warrant for any offense against the United States committed in the presence of the officer, or for any felony cognizable under the laws of the United States if the officer has probable cause to believe that the person to be arrested has committed or is committing the felony; and

seek and execute warrants for arrest or seizure of evidence issued under the authority of the United States upon probable cause that a violation has been committed.

The authority provided by this subsection shall be exercised in accordance with guidelines prescribed by the (4) Revocation or suspension of authority.—

The powers authorized by this subsection may be rescinded or suspended should the Attorney General determine that the Secretary of Homeland Security and the (q) Authority To Exempt.—

(1) In general.— Notwithstanding section 552 of title 5, theAviation and Transportation Security Act (Public Law 107–71) or under chapter 449 of this title if the (A)

Paragraph (1) does not authorize information to be withheld from a committee of Congress authorized to have the information.

(4) Limitations.— Nothing in this subsection, or any other provision of law, shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)—

to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.

(1) In general.— The Secretary of Homeland Security shall develop, prepare, implement, and update, as needed—

The Secretary of Homeland Security shall work jointly with the Secretary of Transportation in developing, revising, and updating the documents required by paragraph (1).

(3) Contents of national strategy for transportation security.— The National Strategy for Transportation Security shall include the following:

An identification and evaluation of the transportation assets in the United States that, in the interests of national security and commerce, must be protected from attack or disruption by terrorist or other hostile forces, including modal security (B)

The development of risk-based priorities, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007) across all transportation modes and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A).

The most appropriate, practical, and cost-effective means of defending those assets against threats to their security.

A comprehensive delineation of prevention, response, and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems.

A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital transportation assets. Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.

A 3- and 10-year budget for Federal transportation security programs that will achieve the priorities of the National Strategy for Transportation Security.

Transportation modal security SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Securitysection 70103(a) of title 46.

The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security (B) Periodic progress report.—

Each year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States Code, the Secretary of Homeland Security shall submit to the (ii) Content.— Each progress report submitted under this subparagraph shall include, at a minimum, the following:

Recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal and intermodal security Secretary of Homeland Security , in consultation with the Secretary of Transportation, considers appropriate.

An accounting of all grants for transportation security, including grants and contracts for research and development, awarded by the Secretary of Homeland Security in the most recent fiscal year and a description of how such grants accomplished the goals of the National Strategy for Transportation Security.

funds requested in the President’s budget submitted pursuant to section 1105 of title 31 for the most recent fiscal year for transportation security, by mode;

information on the turnover in the previous year among senior staff of the Department of Homeland Security , including component agencies, working on transportation security issues. Such information shall include the number of employees who have permanently left the office, agency, or area in which they worked, and the amount of time that they worked for the Department of Homeland Security .

(iii) Written explanation of transportation security activities not delineated in the national strategy for transportation security.—

At the end of each fiscal year, the Secretary of Homeland Security shall submit to the (C) Classified material.—

Any part of the National Strategy for Transportation Security or the transportation modal security appropriate congressional committees separately in a classified format.

In this subsection, the term “appropriate congressional committees” means the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate .

The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts.

(B) Other plans and reports.— The National Strategy for Transportation Security shall include, as an integral part or as an appendix—

In carrying out the responsibilities under this section, the Secretary of Homeland Security , in coordination with the Secretary of Transportation, shall consult, as appropriate, with Federal, State, and local agencies, tribal governments, private sector entities (including nonprofit employee labor organizations), institutions of higher learning, and other entities.

The Secretary of Homeland Security shall make available and appropriately publicize an unclassified version of the National Strategy for Transportation Security, including its component transportation modal security (t) Transportation Security Information Sharing Plan.—

The term “appropriate congressional committees” has the meaning given that term in subsection (s)(4)(E).

The Secretary of Homeland Security , in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a Transportation Security Information Sharing Plan, the Secretary of Homeland Security shall gather input on the development of theIntelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).

a description of how intelligence analysts within the Department of Homeland Security will coordinate their activities within the Department and with other Federal, State, and local agencies, and tribal governments, including coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of 2007;

the establishment of a point of contact, which may be a single point of contact within the Department of Homeland Security , for each mode of transportation for the sharing of transportation security information with public and private stakeholders, including an explanation and justification to the agency within the Department of Homeland Security that has the primary authority, or has been delegated such authority by the Secretary of Homeland Security , to regulate the security of that transportation mode;

a description of resource needs for fulfilling the (5) Coordination with information sharing.— The (A)

implemented in coordination, as appropriate, with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and

consistent with the establishment of the information sharing environment and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of the information sharing environment.

The Secretary of Homeland Security shall, to the greatest extent practicable, take steps to expedite the security clearances needed for designated (8) Classification of material.—

The Secretary of Homeland Security , to the greatest extent practicable, shall provide designated transportation security information in an unclassified format.

This subsection applies to the enforcement of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other than a provision of chapter 449 (in this subsection referred to as an “applicable provision of this title”).

The penalties for violations of regulations prescribed and orders issued by the Secretary of Homeland Security or thechapter 449 of this title are provided under chapter 463 of this title.

(i) Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title—

involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;

Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary of Defense ’s designee.

A person is liable to the United States Government for a civil penalty of not more than $10,000 for a violation of a regulation prescribed, or order issued, by the Secretary of Homeland Security under an applicable provision of this title.

The Secretary of Homeland Security may impose a civil penalty for a violation of a regulation prescribed, or order issued, under an applicable provision of this title. The Secretary shall give written notice of the finding of a violation and the penalty.

In a civil action to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection, a court may not re-examine issues of liability or the amount of the penalty.

(C) Jurisdiction.— The district courts of the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection if—

(D) Maximum penalty.— The maximum civil penalty the Secretary of Homeland Security administratively may impose under this paragraph is—

the opportunity to request a hearing on the proposed penalty, if the Secretary of Homeland Security receives the request not later than 30 days after the date on which the person receives notice.

The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under this subsection.

The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.

Chapter 461 shall apply to investigations and proceedings brought under this subsection to the same extent that it applies to investigations and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary of Homeland Security .

provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and

include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.

Nothing in this subsection shall be construed to require disclosure of information or records that are exempt from disclosure under sections 552 or 552a of title 5.

(v) Authorization of Appropriations.— There are authorized to be appropriated to the Transportation Security Administration for salaries, operations, and maintenance of the Administration—

ensuring compliance with aviation security law, including regulations, and other specialized programs designed to secure air transportation.

(B) Surface transportation security operations and training, including risk-based, adaptive security—

operator compliance with surface transportation security law, including regulations, and voluntary industry standards; and

workforce training and development programs, and other specialized programs designed to secure surface transportation.

Transportation industry engagement and planning, including the development, interpretation, promotion, and oversight of a unified effort regarding risk-based, risk-reducing security policies and (D)

Trusted and registered traveler programs, including the management and marketing of the Department of Homeland Security agencies and the private sector.

Technology acquisition and deployment, including the oversight, development, testing, evaluation, acquisition, deployment, and maintenance of security technology and other acquisition programs.

Legislative and public affairs, including communication and engagement with internal and external audiences in a timely, accurate, and transparent manner, and development and implementation of strategies within the (3) Notification.— The Congress —

not later than 180 days after the date of enactment of the TSA Modernization Act, a list of the names of the individuals appointed under paragraph (1); and

an update of the list not later than 5 days after any new individual is appointed under paragraph (1).

The findings of the survey required under section 6411 of the National Defense Authorization Act for Fiscal Year 2022.

The findings of the analysis required under section 6414 of the National Defense Authorization Act for Fiscal Year 2022.

All relevant reports and recommendations regarding the Administration’s response to the COVID–19 pandemic, including any reports and recommendations issued by the Comptroller General and the Inspector General of the Department of Homeland Security .

(3) Contents of plan.— The (A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners:

Appropriate Federal departments and agencies, including the Department of Health and Human Services , the Centers for Disease Control and Prevention , the Department of Transportation , the Department of Labor , and appropriate interagency task forces.

The workforce of the Administration, including through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening functions under section 44901 of this title.

International partners, including the International Civil Aviation Organization and foreign governments, airports, and air carriers.

(B) Plans for protecting the safety of the Transportation Security Administration workforce, including—

reducing the risk of communicable disease transmission at screening checkpoints and within the Administration’s workforce related to the Administration’s transportation security operations and mission;

supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and

Criteria for determining the conditions that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles and responsibilities that align with such conditions.

Provisions setting forth criteria for establishing an interagency task force or other standing engagement platform with other appropriate Federal departments and agencies, including the Department of Health and Human Services and the Department of Transportation , to address such communicable disease outbreak.

Considerations for assessing the appropriateness of issuing security directives and emergency amendments to regulated parties in various modes of transportation, including surface transportation, and (H)

A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict the ability of the Administration to respond appropriately to a communicable disease outbreak.

The date of enactment of the TSA Modernization Act, referred to in subsecs. (b)(1)(C) and (w)(3)(A), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018 .

The Aviation and Transportation Security Act, referred to in subsec. (r)(1), is Pub. L. 107–71, Nov. 19, 2001 , 115 Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 101 of this title and Tables.

The Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(B), is Pub. L. 110–53, Aug. 3, 2007 , 121 Stat. 266. Section 1410 of the Act is classified to section 1139 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of Title 6 and Tables.

The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(F), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007 .

The date of the enactment of this subsection, referred to in subsec. (x)(1), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021 .

Section 6411 of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (x)(2)(A), is section 6411 of div. F of Pub. L. 117–81, Dec. 27, 2021 , 135 Stat. 2409, which is not classified to the Code.

Section 6414 of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (x)(2)(B), is section 6414 of div. F of Pub. L. 117–81, Dec. 27, 2021 , 135 Stat. 2412, which is not classified to the Code.

Section 6415 of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (x)(2)(C), is section 6415 of Pub. L. 117–81, which is set out as a note under section 44901 of this title.

2021—Subsec. (x). Pub. L. 117–81 added subsec. (x).

2018—Pub. L. 115–254, § 1904(a)(3), substituted Pub. L. 115–254, § 1904(a)(1), substituted “ Department of Homeland Security ” for “ Department of Transportation ”.

Subsec. (b). Pub. L. 115–254, § 1904(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows:

“(1) Appointment .—The head of the Administration shall be the Under Secretary of Transportation for Security. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate .

“(2) Qualifications .—The Under Secretary must—

“(A) be a citizen of the United States; and

“(B) have experience in a field directly related to transportation or security.

“(3) Term .—The term of office of an individual appointed as the Under Secretary shall be 5 years.”

Subsec. (f)(15), (16). Pub. L. 115–254, § 1988(c), added par. (15) and redesignated former par. (15) as (16).

Subsec. (g)(1). Pub. L. 115–254, § 1904(b)(1)(A)(i)(I), substituted “Subject to the direction and control of the Secretary of Homeland Security ” for “Subject to the direction and control of the Secretary” in introductory provisions.

Subsecs. (g)(1)(D), (3), (j)(1)(D). Pub. L. 115–254, § 1904(b)(1)(A)(i)(II), (ii), (B), inserted “of Homeland Security” after “Secretary”.

Subsec. (k). Pub. L. 115–254, § 1904(b)(1)(C), substituted “functions assigned” for “functions transferred, on or after the date of enactment of the Aviation and Transportation Security Act,”.

Subsec. (l)(4)(B). Pub. L. 115–254, § 1904(b)(1)(D), substituted Federal Aviation Administration under subparagraph (A)” for Pub. L. 115–254, § 1909, inserted par. (1) designation and heading before “The personnel management system”, added pars. (2) and (3), and realigned margins.

Pub. L. 115–254, § 1904(b)(1)(E), substituted “ Department of Homeland Security ” for “ Department of Transportation ”.

Subsec. (o). Pub. L. 115–254, § 1904(b)(1)(F), substituted “ Department of Homeland Security ” for “ Department of Transportation ”.

Subsec. (p)(4). Pub. L. 115–254, § 1904(b)(1)(G), substituted “ Secretary of Homeland Security ” for “Secretary of Transportation”.

Subsec. (s)(3)(B). Pub. L. 115–254, § 1904(b)(1)(H)(i), inserted closing parenthesis after “Act of 2007”.

Subsec. (s)(4)(A). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(IV)(bb), which directed amendment of subpar. (A) by substituting “The” for “After December 31, 2015 , the”, was executed by making the substitution for “After December 31, 2005 , the” to reflect the probable intent of Congress .

Pub. L. 115–254, § 1904(b)(1)(H)(ii)(IV)(aa), substituted “In general” for “Subsequent versions” in heading.

Pub. L. 115–254, § 1904(b)(1)(H)(ii)(II), (III), redesignated subpar. (B) as (A) and struck out former subpar. (A). Prior to amendment, text of subpar. (A) read as follows: “The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal securityApril 1, 2005 .”

Subsec. (s)(4)(B). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(III), redesignated subpar. (C) as (B). Former subpar. (B) redesignated (A).

Subsec. (s)(4)(B)(ii)(III)(cc). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(V), substituted “for the Department of Homeland Security ” for “for the Department”.

Subsec. (s)(4)(C) to (E). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(III), redesignated subpars. (D) and (E) as (C) and (D), respectively. Former subpar. (C) redesignated (B).

Subsec. (t)(1)(D), (E). Pub. L. 115–254, § 1904(b)(1)(J)(i), redesignated subpar. (E) as (D) and struck out former subpar. (D). Prior to amendment, text of subpar. (D) read as follows: “The term ‘Secretary’ means the Secretary of Homeland Security .”

Subsec. (t)(2). Pub. L. 115–254, § 1904(b)(1)(J)(ii), inserted “of Homeland Security” after Pub. L. 115–254, § 1904(b)(1)(J)(iii), inserted “of Homeland Security” after Pub. L. 115–254, § 1904(b)(1)(J)(iv), amended par. (6) generally. Prior to amendment, text read as follows:

“(A) In general .—Not later than 150 days after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to theAnnual report .—Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to thePub. L. 115–254, § 1904(b)(1)(J)(v), inserted “of Homeland Security” after “Secretary”.

Subsec. (u). Pub. L. 115–254, § 1904(b)(1)(I), redesignated subsec. (v) as (u). Former subsec. (u) redesignated (t).

Subsec. (u)(1)(C)(ii). Pub. L. 115–254, § 1904(b)(1)(K)(i)(II), substituted “ Secretary of Defense ’s designee” for “Secretary’s designee”.

Subsec. (u)(3)(B) to (E), (4)(A), (5). Pub. L. 115–254, § 1904(b)(1)(K)(i)(III), (ii), (iii), inserted “of Homeland Security” after “Secretary” wherever appearing.

Subsec. (u)(7)(A). Pub. L. 115–254, § 1904(b)(1)(K)(iv)(I), substituted “The Secretary of Homeland Security ” for “Not later than December 31, 2008 , and annually thereafter, the Secretary” in introductory provisions.

Subsec. (u)(7)(D). Pub. L. 115–254, § 1904(b)(1)(K)(iv)(II), struck out subpar. (D). Text read as follows: “Not later than 180 days after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary shall provide a report to the public describing the enforcement process established under this subsection.”

Subsec. (v). Pub. L. 115–254, § 1904(b)(1)(I), redesignated subsec. (w) as (v). Former subsec. (v) redesignated (u).

Subsec. (w). Pub. L. 115–254, § 1905, added subsec. (w). Former subsec. (w) redesignated (v).

Pub. L. 115–254, § 1903, amended subsec. (w) generally. Prior to amendment, subsec. (w) related to authorization of appropriations for railroad, over-the-road bus and trucking, and hazardous material and pipeline security for fiscal years 2008 through 2011.

2016—Subsec. (u)(1)(A). Pub. L. 114–301, § 2(d)(1), substituted “subsection (s)(4)(E)” for “subsection (t)”.

Subsec. (u)(7) to (9). Pub. L. 114–301, § 2(d)(2), (3), redesignated pars. (8) and (9) as (7) and (8), respectively, and struck out former par. (7) which related to surveys and reports.

2009—Subsec. (r)(4). Pub. L. 111–83 added par. (4).

Subsec. (t). Pub. L. 110–161 redesignated subsec. (t) as (s).

Subsec. (t)(1)(B). Pub. L. 110–53, § 1202(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “transportation modal securityPub. L. 110–53, § 1202(b)(1), inserted “, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007” after “risk-based priorities”.

Subsec. (t)(3)(D). Pub. L. 110–53, § 1202(b)(2), substituted “local, and tribal” for “and local” and “cooperation and participation by private sector entities, including nonprofit employee labor organizations,” for “private sector cooperation and participation”.

Subsec. (t)(3)(E). Pub. L. 110–53, § 1202(b)(3), substituted “prevention, response, and recovery” for “response and recovery” and inserted “and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems” before period at end.

Subsec. (t)(3)(F). Pub. L. 110–53, § 1202(b)(4), inserted at end “Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.”

Subsec. (t)(4)(C)(i). Pub. L. 110–53, § 1202(c)(1)(A), inserted “, including the transportation modal securityPub. L. 110–53, § 1202(c)(1)(B), added cls. (ii) and (iii) and struck out former cl. (ii). Text of former cl. (ii) read as follows: “Each progress report under this subparagraph shall include, at a minimum, recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal securityPub. L. 110–53, § 1202(c)(2), added subpar. (E) and struck out former subpar. (E). Text of former subpar. (E) read as follows: “In this subsection, the term House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate .”

Subsec. (t)(5)(B)(iv), (v). Pub. L. 110–53, § 1202(d), added cl. (iv) and redesignated former cl. (iv) as (v).

2004—Subsec. (t). Pub. L. 108–458 added subsec. (t).

2002—Subsec. (l)(2)(B). Pub. L. 107–296, § 1707, inserted “for a period not to exceed 90 days” after “effective” and “ratified or” before “disapproved”.

“References relating to the Under Secretary of Transportation for Security in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this Act [meaning the date of enactment of Pub. L. 115–254, Oct. 5, 2018 ] shall be deemed to refer, as appropriate, to theTransportation Security Administration .”

“The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of enactment of this Act [ Dec. 26, 2007 ].

“This title [enacting section 44925 of this title, amending this section, sections 44903, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this title, and sections 70102 and 70103 of Title 46, Shipping, and enacting provisions set out as notes under sections 44703, 44901, 44913, 44917, 44923, 44925, and 44935 of this title, section 2751 of Title 22, Foreign Relations and Intercourse, and section 70101 of Title 46] shall take effect on the date of enactment of this Act [ Dec. 17, 2004 ].”

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002 , see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation , including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security , and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security ReorganizationNovember 25, 2002 , as modified, set out as a note under section 542 of Title 6.

ensure the inclusion, as appropriate, of air carriers, domestic airport operators, and other transportation security stakeholders in the development and implementation of security directives and emergency amendments;

document input provided by air carriers, domestic airport operators, and other transportation security stakeholders during the security directive and emergency amendment, development, and implementation processes;

define a process, including timeframes, and with the inclusion of feedback from air carriers, domestic airport operators, and other transportation security stakeholders, for cancelling or incorporating security directives and emergency amendments into security programs;

conduct engagement with foreign partners on the implementation of security directives and emergency amendments, as appropriate, including recognition if existing security measures at a last point of departure airport are found to provide commensurate security as intended by potential new security directives and emergency amendments; and

ensure that new security directives and emergency amendments are focused on defined security outcomes.