USC Subchapter II

in effect

49 U.S.C. § 44931 Authority to exempt

The Secretary of Homeland Security may grant an exemption from a regulation prescribed in carrying out sections 44901, 44903, 44906, 44909(c), and 44935–44937 of this title when the Secretary decides the exemption is in the public interest.

49 U.S.C. § 44932 Administrative

(a) General Authority.—The Secretary of Homeland Security or the Administrator of the Transportation Security Administration may take action the Secretary or the Administrator considers necessary to carry out this chapter and chapters 461, 463, and 465 of this title, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders. (b) Indemnification.—The Administrator of the Transportation Security Administration may indemnify an officer or employee of the Transportation Security Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.

49 U.S.C. § 44933 Federal Security Managers 11 So in original. Probably should be “Directors”.

(a) Establishment, Designation, and Stationing.—The Administrator of the Transportation Security Administration shall establish the position of Federal Security Director at each airport in the United States described in section 44903(c). The Administrator of the Transportation Security Administration shall designate individuals as Federal Security Directors for, and station those Federal Security Directors at, those airports. (b) Duties and Powers.—The Federal Security Director at each airport shall—(1) oversee the screening of passengers and property at the airport; and (2) carry out other duties prescribed by the Administrator of the Transportation Security Administration. (c) Information Sharing.—Not later than 1 year after the date of the enactment of the TSA Modernization Act, the Administrator shall—(1) require each Federal Security Director of an airport to meet at least quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each such airport to discuss incident management protocols, including the resolution of screening anomalies at passenger screening checkpoints; and (2) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with such airport operators to ensure coordinated responses to security matters.

49 U.S.C. § 44934 Foreign Security Liaison Officers

(a) Establishment, Designation, and Stationing.—The Administrator of the Transportation Security Administration shall establish the position of Foreign Security Liaison Officer for each airport outside the United States at which the Administrator decides an Officer is necessary for air transportation security. In coordination with the Secretary of State, the Administrator shall designate an Officer for each of those airports. In coordination with the Secretary of State, the Administrator shall designate an Officer for each of those airports where extraordinary security measures are in place. The Secretary of State shall give high priority to stationing those Officers. (b) Duties and Powers.—An Officer reports directly to the Administrator of the Transportation Security Administration. The Officer at each airport shall—(1) serve as the liaison of the Administrator to foreign security authorities (including governments of foreign countries and foreign airport authorities) in carrying out United States Government security requirements at that airport; and (2) to the extent practicable, carry out duties and powers referred to in section 44933(b) of this title. (c) Coordination of Activities.—The activities of each Officer shall be coordinated with the chief of the diplomatic mission of the United States to which the Officer is assigned. Activities of an Officer under this section shall be consistent with the duties and powers of the Secretary of State and the chief of mission to a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).

49 U.S.C. § 44935 Employment standards and training

(a) Employment Standards.—The Administrator shall prescribe standards for the employment and continued employment of, and contracting for, air carrier personnel and, as appropriate, airport security personnel. The standards shall include—(1) minimum training requirements for new employees; (2) retraining requirements; (3) minimum staffing levels; (4) minimum language skills; and (5) minimum education levels for employees, when appropriate. (b) Review and Recommendations.—In coordination with air carriers, airport operators, and other interested persons, the Administrator shall review issues related to human performance in the aviation security system to maximize that performance. When the review is completed, the Administrator shall recommend guidelines and prescribe appropriate changes in existing procedures to improve that performance. (c) Security Program Training, Standards, and Qualifications.—(1) The Administrator—(A) may train individuals employed to carry out a security program under section 44903(c) of this title; and (B) shall prescribe uniform training standards and uniform minimum qualifications for individuals eligible for that training. (2) The Administrator may authorize reimbursement for travel, transportation, and subsistence expenses for security training of non-United States Government domestic and foreign individuals whose services will contribute significantly to carrying out civil aviation security programs. To the extent practicable, air travel reimbursed under this paragraph shall be on air carriers. (d) Education and Training Standards for Security Coordinators, Supervisory Personnel, and Pilots.—(1) The Administrator shall prescribe standards for educating and training—(A) ground security coordinators; (B) security supervisory personnel; and (C) airline pilots as in-flight security coordinators. (2) The standards shall include initial training, retraining, and continuing education requirements and methods. Those requirements and methods shall be used annually to measure the performance of ground security coordinators and security supervisory personnel. (e) Security Screeners.—(1) Training program.—The Administrator shall establish a program for the hiring and training of security screening personnel. (2) Hiring.—(A) Qualifications.—The Administrator shall establish qualification standards for individuals to be hired by the United States as security screening personnel. Notwithstanding any other provision of law, those standards shall require, at a minimum, an individual—(i) to have a satisfactory or better score on a Federal security screening personnel selection examination; (ii) to be a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); (iii) to meet, at a minimum, the requirements set forth in subsection (f); (iv) to meet such other qualifications as the Administrator may establish; and (v) to have the ability to demonstrate daily a fitness for duty without any impairment due to illegal drugs, sleep deprivation, medication, or alcohol. (B) Background checks.—The Administrator shall require that an individual to be hired as a security screener undergo an employment investigation (including a criminal history record check) under section 44936(a)(1). (C) Disqualification of individuals who present national security risks.—The Administrator, in consultation with the heads of other appropriate Federal agencies, shall establish procedures, in addition to any background check conducted under section 44936, to ensure that no individual who presents a threat to national security is employed as a security screener. (3) Examination; review of existing rules.—The Administrator shall develop a security screening personnel examination for use in determining the qualification of individuals seeking employment as security screening personnel. The Administrator shall also review, and revise as necessary, any standard, rule, or regulation governing the employment of individuals as security screening personnel. (f) Employment Standards for Screening Personnel.—(1) Screener requirements.—Notwithstanding any other provision of law, an individual may not be deployed as a security screener unless that individual meets the following requirements:(A) The individual shall possess a high school diploma, a general equivalency diploma, or experience that the Administrator has determined to be sufficient for the individual to perform the duties of the position. (B) The individual shall possess basic aptitudes and physical abilities, including color perception, visual and aural acuity, physical coordination, and motor skills, to the following standards:(i) Screeners operating screening equipment shall be able to distinguish on the screening equipment monitor the appropriate imaging standard specified by the Administrator. (ii) Screeners operating any screening equipment shall be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies. (iii) Screeners shall be able to hear and respond to the spoken voice and to audible alarms generated by screening equipment in an active checkpoint environment. (iv) Screeners performing physical searches or other related operations shall be able to efficiently and thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing. (v) Screeners who perform pat-downs or hand-held metal detector searches of individuals shall have sufficient dexterity and capability to thoroughly conduct those procedures over an individual’s entire body. (C) The individual shall be able to read, speak, and write English well enough to—(i) carry out written and oral instructions regarding the proper performance of screening duties; (ii) read English language identification media, credentials, airline tickets, and labels on items normally encountered in the screening process; (iii) provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and (iv) write incident reports and statements and log entries into security records in the English language. (D) The individual shall have satisfactorily completed all initial, recurrent, and appropriate specialized training required by the security program, except as provided in paragraph (3). (2) Veterans preference.—The Administrator shall provide a preference for the hiring of an individual as a security screener if the individual is a member or former member of the armed forces and if the individual is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the armed forces. (3) Exceptions.—An individual who has not completed the training required by this section may be deployed during the on-the-job portion of training to perform functions if that individual—(A) is closely supervised; and (B) does not make independent judgments as to whether individuals or property may enter a sterile area or aircraft without further inspection. (4) Remedial training.—No individual employed as a security screener may perform a screening function after that individual has failed an operational test related to that function until that individual has successfully completed the remedial training specified in the security program. (5) Annual proficiency review.—The Administrator shall provide that an annual evaluation of each individual assigned screening duties is conducted and documented. An individual employed as a security screener may not continue to be employed in that capacity unless the evaluation demonstrates that the individual—(A) continues to meet all qualifications and standards required to perform a screening function; (B) has a satisfactory record of performance and attention to duty based on the standards and requirements in the security program; and (C) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions. (6) Operational testing.—In addition to the annual proficiency review conducted under paragraph (5), the Administrator shall provide for the operational testing of such personnel. (g) Training.—(1) Use of other agencies.—The Administrator may enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of security screening personnel. (2) Training plan.—The Administrator shall develop a plan for the training of security screening personnel. The plan shall require, at a minimum, that a security screener—(A) has completed 40 hours of classroom instruction or successfully completed a program that the Administrator determines will train individuals to a level of proficiency equivalent to the level that would be achieved by such classroom instruction; (B) has completed 60 hours of on-the-job instructions; and (C) has successfully completed an on-the-job training examination prescribed by the Administrator. (3) Equipment-specific training.—An individual employed as a security screener may not use any security screening device or equipment in the scope of that individual’s employment unless the individual has been trained on that device or equipment and has successfully completed a test on the use of the device or equipment. (h) Technological Training.—(1) In general.—The Administrator shall require training to ensure that screeners are proficient in using the most up-to-date new technology and to ensure their proficiency in recognizing new threats and weapons. (2) Periodic assessments.—The Administrator shall make periodic assessments to determine if there are dual use items and inform security screening personnel of the existence of such items. (3) Current lists of dual use items.—Current lists of dual use items shall be part of the ongoing training for screeners. (4) Dual use defined.—For purposes of this subsection, the term “dual use” item means an item that may seem harmless but that may be used as a weapon. (i) Limitation on Right To Strike.—An individual that screens passengers or property, or both, at an airport under this section may not participate in a strike, or assert the right to strike, against the person (including a governmental entity) employing such individual to perform such screening. (j) Uniforms.—The Administrator shall require any individual who screens passengers and property pursuant to section 44901 to be attired while on duty in a uniform approved by the Administrator. (k) Accessibility of Computer-based Training Facilities.—The Administrator shall work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation are conveniently located for that airport and easily accessible. (l) 11 So in original. Two subsecs. (l) have been enacted. Initial and Recurring Training.—(1) In general.—The Administrator shall establish a training program for new security screening personnel located at the Transportation Security Administration Academy. (2) Recurring training.—(A) In general.—Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall establish recurring training for security screening personnel regarding updates to screening procedures and technologies, including, in response to weaknesses identified in covert tests at airports—(i) methods to identify the verification of false or fraudulent travel documents; and (ii) training on emerging threats. (B) Contents.—The training under subparagraph (A) shall include—(i) internal controls for monitoring and documenting compliance of transportation security officers with such training requirements; and (ii) such other matters as identified by the Administrator with regard to such training. (l) 1 Definition of Administrator.—In this section, the term “Administrator” means the Administrator of the Transportation Security Administration.

49 U.S.C. § 44936 Employment investigations and restrictions

(a) Employment Investigation Requirement.—(1)(A) The Administrator shall require by regulation that an employment investigation, including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Administrator, shall be conducted of each individual employed in, or applying for, a position as a security screener under section 44935(e) or a position in which the individual has unescorted access, or may permit other individuals to have unescorted access, to—(i) aircraft of an air carrier or foreign air carrier; or (ii) a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier. (B) The Administrator shall require by regulation that an employment investigation (including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Administrator) be conducted for—(i) individuals who are responsible for screening passengers or property under section 44901 of this title; (ii) supervisors of the individuals described in clause (i); (iii) individuals who regularly have escorted access to aircraft of an air carrier or foreign air carrier or a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier; and (iv) such other individuals who exercise security functions associated with baggage or cargo, as the Administrator determines is necessary to ensure air transportation security. (C) Exemption.—An employment investigation, including a criminal history record check, shall not be required under this subsection for an individual who is exempted under section 107.31(m)(1) or (2) of title 14, Code of Federal Regulations, as in effect on November 22, 2000. The Administrator shall work with the International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals exempted under this subparagraph do not pose a threat to aviation or national security. (2) An air carrier, foreign air carrier, airport operator, or government that employs, or authorizes or makes a contract for the services of, an individual in a position described in paragraph (1) of this subsection shall ensure that the investigation the Administrator requires is conducted. (3) The Administrator shall provide for the periodic audit of the effectiveness of criminal history record checks conducted under paragraph (1) of this subsection. (b) Prohibited Employment.—(1) Except as provided in paragraph (3) of this subsection, an air carrier, foreign air carrier, airport operator, or government may not employ, or authorize or make a contract for the services of, an individual in a position described in subsection (a)(1) of this section if—(A) the investigation of the individual required under this section has not been conducted; or (B) the results of that investigation establish that, in the 10-year period ending on the date of the investigation, the individual was convicted (or found not guilty by reason of insanity) of—(i) a crime referred to in section 46306, 46308, 46312, 46314, or 46315 or chapter 465 of this title or section 32 of title 18; (ii) murder; (iii) assault with intent to murder; (iv) espionage; (v) sedition; (vi) treason; (vii) rape; (viii) kidnapping; (ix) unlawful possession, sale, distribution, or manufacture of an explosive or weapon; (x) extortion; (xi) armed or felony unarmed robbery; (xii) distribution of, or intent to distribute, a controlled substance; (xiii) a felony involving a threat; (xiv) a felony involving—(I) willful destruction of property; (II) importation or manufacture of a controlled substance; (III) burglary; (IV) theft; (V) dishonesty, fraud, or misrepresentation; (VI) possession or distribution of stolen property; (VII) aggravated assault; (VIII) bribery; and (IX) illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year, or any other crime classified as a felony that the Administrator determines indicates a propensity for placing contraband aboard an aircraft in return for money; or (xv) conspiracy to commit any of the acts referred to in clauses (i) through (xiv). (2) The Administrator may specify other factors that are sufficient to prohibit the employment of an individual in a position described in subsection (a)(1) of this section. (3) An air carrier, foreign air carrier, airport operator, or government may employ, or authorize or contract for the services of, an individual in a position described in subsection (a)(1) of this section without carrying out the investigation required under this section, if the Administrator approves a plan to employ the individual that provides alternate security arrangements. (c) Fingerprinting and Record Check Information.—(1) If the Administrator requires an identification and criminal history record check, to be conducted by the Attorney General, as part of an investigation under this section, the Administrator shall designate an individual to obtain fingerprints and submit those fingerprints to the Attorney General. The Attorney General may make the results of a check available to an individual the Administrator designates. Before designating an individual to obtain and submit fingerprints or receive results of a check, the Administrator shall consult with the Attorney General. All Federal agencies shall cooperate with the Administrator and the Administrator’s designee in the process of collecting and submitting fingerprints. (2) The Administrator shall prescribe regulations on—(A) procedures for taking fingerprints; and (B) requirements for using information received from the Attorney General under paragraph (1) of this subsection—(i) to limit the dissemination of the information; and (ii) to ensure that the information is used only to carry out this section. (3) If an identification and criminal history record check is conducted as part of an investigation of an individual under this section, the individual—(A) shall receive a copy of any record received from the Attorney General; and (B) may complete and correct the information contained in the check before a final employment decision is made based on the check. (d) Fees and Charges.—The Administrator and the Attorney General shall establish reasonable fees and charges to pay expenses incurred in carrying out this section. The employer of the individual being investigated shall pay the costs of a record check of the individual. Money collected under this section shall be credited to the account in the Treasury from which the expenses were incurred and are available to the Administrator and the Attorney General for those expenses. (e) When Investigation or Record Check Not Required.—This section does not require an investigation or record check when the investigation or record check is prohibited by a law of a foreign country. (f) Definition of Administrator.—In this section, the term “Administrator” means the Administrator of the Transportation Security Administration.

49 U.S.C. § 44937 Prohibition on transferring duties and powers

Except as specifically provided by law, the Administrator of the Transportation Security Administration may not transfer a duty or power under section 44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or 44938(b)(3) of this title to another department, agency, or instrumentality of the United States Government.

49 U.S.C. § 44938 Reports

(a) Transportation Security.—Not later than March 31 of each year, the Secretary of Homeland Security shall submit to Congress a report on transportation security with recommendations the Secretary considers appropriate. The report shall be prepared in conjunction with the biennial report the Administrator of the Transportation Security Administration submits under subsection (b) of this section in each year the Administrator of the Transportation Security Administration submits the biennial report, but may not duplicate the information submitted under subsection (b) or section 44907(a)(3) of this title. The Secretary may submit the report in classified and unclassified parts. The report shall include—(1) an assessment of trends and developments in terrorist activities, methods, and other threats to transportation; (2) an evaluation of deployment of explosive detection devices; (3) recommendations for research, engineering, and development activities related to transportation security, except research engineering and development activities related to aviation security to the extent those activities are covered by the national aviation research plan required under section 44501(c) of this title; (4) identification and evaluation of cooperative efforts with other departments, agencies, and instrumentalities of the United States Government; (5) an evaluation of cooperation with foreign transportation and security authorities; (6) the status of the extent to which the recommendations of the President’s Commission on Aviation Security and Terrorism have been carried out and the reasons for any delay in carrying out those recommendations; (7) a summary of the activities of the Director of Intelligence and Security in the 12-month period ending on the date of the report; (8) financial and staffing requirements of the Director; (9) an assessment of financial and staffing requirements, and attainment of existing staffing goals, for carrying out duties and powers of the Administrator of the Transportation Security Administration related to security; and (10) appropriate legislative and regulatory recommendations. (b) Screening and Foreign Air Carrier and Airport Security.—The Administrator of the Transportation Security Administration shall submit biennially to Congress a report—(1) on the effectiveness of procedures under section 44901 of this title; (2) that includes a summary of the assessments conducted under section 44907(a)(1) and (2) of this title; and (3) that includes an assessment of the steps being taken, and the progress being made, in ensuring compliance with section 44906 of this title for each foreign air carrier security program at airports outside the United States—(A) at which the Administrator of the Transportation Security Administration decides that Foreign Security Liaison Officers are necessary for air transportation security; and (B) for which extraordinary security measures are in place.

49 U.S.C. § 44939 Training to operate certain aircraft

(a) Waiting Period.—A person operating as a flight instructor, pilot school, or aviation training center or subject to regulation under this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of more than 12,500 pounds to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual specified by the Secretary of Homeland Security only if—(1) that person has first notified the Secretary that the alien or individual has requested such training and submitted to the Secretary, in such form as the Secretary may prescribe, the following information about the alien or individual:(A) full name, including any aliases used by the applicant or variations in spelling of the applicant’s name; (B) passport and visa information; (C) country of citizenship; (D) date of birth; (E) dates of training; and (F) fingerprints collected by, or under the supervision of, a Federal, State, or local law enforcement agency or by another entity approved by the Federal Bureau of Investigation or the Secretary of Homeland Security, including fingerprints taken by United States Government personnel at a United States embassy or consulate; and (2) the Secretary has not directed, within 30 days after being notified under paragraph (1), that person not to provide the requested training because the Secretary has determined that the individual presents a risk to aviation or national security. (b) Interruption of Training.—If the Secretary of Homeland Security, more than 30 days after receiving notification under subsection (a) from a person providing training described in subsection (a), determines that the individual presents a risk to aviation or national security, the Secretary shall immediately notify the person providing the training of the determination and that person shall immediately terminate the training. (c) Notification.—A person operating as a flight instructor, pilot school, or aviation training center or subject to regulation under this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of 12,500 pounds or less to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual specified by the Secretary of Homeland Security only if that person has notified the Secretary that the individual has requested such training and furnished the Secretary with that individual’s identification in such form as the Secretary may require. (d) Expedited Processing.—The Secretary of Homeland Security shall establish a process to ensure that the waiting period under subsection (a) shall not exceed 5 days for an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who—(1) holds an airman’s certification of a foreign country that is recognized by an agency of the United States, including a military agency, that permits an individual to operate a multi-engine aircraft that has a certificated takeoff weight of more than 12,500 pounds; (2) is employed by a foreign air carrier that is certified under part 129 of title 14, Code of Federal Regulations, and that has a security program approved under section 1546 of title 49, Code of Federal Regulations; (3) is an individual that has unescorted access to a secured area of an airport designated under section 44936(a)(1)(A)(ii); or (4) is an individual that is part of a class of individuals that the Secretary has determined that providing aviation training to presents minimal risk to aviation or national security because of the aviation training already possessed by such class of individuals. (e) Training.—In subsection (a), the term “training” means training received from an instructor in an aircraft or aircraft simulator and does not include recurrent training, ground training, or demonstration flights for marketing purposes. (f) Nonapplicability to Certain Foreign Military Pilots.—The procedures and processes required by subsections (a) through (d) shall not apply to a foreign military pilot endorsed by the Department of Defense for flight training in the United States and seeking training described in subsection (e) in the United States. (g) Fee.—(1) In general.—The Secretary of Homeland Security may assess a fee for an investigation under this section, which may not exceed $100 per individual (exclusive of the cost of transmitting fingerprints collected at overseas facilities) during fiscal years 2003 and 2004. For fiscal year 2005 and thereafter, the Secretary may adjust the maximum amount of the fee to reflect the costs of such an investigation. (2) Offset.—Notwithstanding section 3302 of title 31, any fee collected under this section—(A) shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Secretary for those expenses; and (B) shall remain available until expended. (h) Interagency Cooperation.—The Attorney General, the Director of Central Intelligence, and the Administrator of the Federal Aviation Administration shall cooperate with the Secretary in implementing this section. (i) Security Awareness Training for Employees.—The Secretary shall require flight schools to conduct a security awareness program for flight school employees to increase their awareness of suspicious circumstances and activities of individuals enrolling in or attending flight school.

49 U.S.C. § 44940 Security service fee

(a) General Authority.—(1) Passenger fees.—The Administrator of the Transportation Security Administration shall impose a uniform fee, on passengers of air carriers and foreign air carriers in air transportation and intrastate air transportation originating at airports in the United States, to pay for the following costs of providing civil aviation security services:(A) Salary, benefits, overtime, retirement and other costs of screening personnel, their supervisors and managers, and Federal law enforcement personnel deployed at airport security screening locations under section 44901. (B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel. (C) The costs of performing background investigations of personnel described in subparagraphs (A), (D), (F), and (G). (D) The costs of the Federal air marshals program. (E) The costs of performing civil aviation security research and development under this title. (F) The costs of Federal Security Managers under section 44903. (G) The costs of deploying Federal law enforcement personnel pursuant to section 44903(h). (H) The costs of security-related capital improvements at airports. (I) The costs of training pilots and flight attendants under sections 44918 and 44921. (2) Determination of costs.—(A) In general.—The amount of the costs under paragraph (1) shall be determined by the Administrator of the Transportation Security Administration and shall not be subject to judicial review. (B) Definition of federal law enforcement personnel.—For purposes of paragraph (1)(A), the term “Federal law enforcement personnel” includes State and local law enforcement officers who are deputized under section 44922. (b) Schedule of Fees.—In imposing fees under subsection (a), the Administrator of the Transportation Security Administration shall ensure that the fees are reasonably related to the Transportation Security Administration’s costs of providing services rendered. (c) Limitation on Fee.—(1) Amount.—Fees imposed under subsection (a)(1) shall be $5.60 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United States, except that the fee imposed per round trip shall not exceed $11.20. (2) Definition of round trip.—In this subsection, the term “round trip” means a trip on an air travel itinerary that terminates or has a stopover at the origin point (or co-terminal). (3) Offsetting collections.—Beginning on October 1, 2027, fees collected under subsection (a)(1) for any fiscal year shall be credited as offsetting collections to appropriations made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended. (d) Imposition of Fee.—(1) In general.—Notwithstanding section 9701 of title 31 and the procedural requirements of section 553 of title 5, the Administrator of the Transportation Security Administration shall impose the fee under subsection (a)(1) through the publication of notice of such fee in the Federal Register and begin collection of the fee as soon as possible. (2) Special rules passenger fees.—A fee imposed under subsection (a)(1) through the procedures under paragraph (1) of this subsection shall apply only to tickets sold after the date on which such fee is imposed. If a fee imposed under subsection (a)(1) through the procedures under paragraph (1) of this subsection on transportation of a passenger of a carrier described in subsection (a)(1) is not collected from the passenger, the amount of the fee shall be paid by the carrier. (3) Subsequent modification of fee.—After imposing a fee in accordance with paragraph (1), the Administrator of the Transportation Security Administration may modify, from time to time through publication of notice in the Federal Register, the imposition or collection of such fee, or both. (4) Limitation on collection.—No fee may be collected under this section, other than subsection (i), except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act or in section 44923. (e) Administration of Fees.—(1) Fees payable to administrator.—All fees imposed and amounts collected under this section are payable to the Administrator of the Transportation Security Administration. (2) Fees collected by air carrier.—A fee imposed under subsection (a)(1) shall be collected by the air carrier or foreign air carrier that sells a ticket for transportation described in subsection (a)(1). (3) Due date for remittance.—A fee collected under this section shall be remitted on the last day of each calendar month by the carrier collecting the fee. The amount to be remitted shall be for the calendar month preceding the calendar month in which the remittance is made. (4) Information.—The Administrator of the Transportation Security Administration may require the provision of such information as the Administrator of the Transportation Security Administration decides is necessary to verify that fees have been collected and remitted at the proper times and in the proper amounts. (5) Fee not subject to tax.—For purposes of section 4261 of the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee imposed under this section shall not be considered to be part of the amount paid for taxable transportation. (6) Cost of collecting fee.—No portion of the fee collected under this section may be retained by the air carrier or foreign air carrier for the costs of collecting, handling, or remitting the fee except for interest accruing to the carrier after collection and before remittance. (f) Receipts Credited as Offsetting Collections.—Notwithstanding section 3302 of title 31, any fee collected under this section—(1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; (2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and (3) shall remain available until expended. (g) Refunds.—The Administrator of the Transportation Security Administration may refund any fee paid by mistake or any amount paid in excess of that required. (h) Exemptions.—The Administrator of the Transportation Security Administration may exempt from the passenger fee imposed under subsection (a)(1) any passenger enplaning at an airport in the United States that does not receive screening services under section 44901 for that segment of the trip for which the passenger does not receive screening. (i) Deposit of Receipts in General Fund.—(1) In general.—Beginning in fiscal year 2014, out of fees received in a fiscal year under subsection (a)(1), after amounts are made available in the fiscal year under section 44923(h), the next funds derived from such fees in the fiscal year, in the amount specified for the fiscal year in paragraph (4), shall be credited as offsetting receipts and deposited in the general fund of the Treasury. (2) Fee levels.—The Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect in a fiscal year at least the amount specified in paragraph (4) for the fiscal year for making deposits under paragraph (1). (3) Relationship to other provisions.—Subsections (b) and (f) shall not apply to amounts to be used for making deposits under this subsection. (4) Fiscal year amounts.—For purposes of paragraphs (1) and (2), the fiscal year amounts are as follows:(A) $1,320,000,000 for fiscal year 2018. (B) $1,360,000,000 for fiscal year 2019. (C) $1,400,000,000 for fiscal year 2020. (D) $1,440,000,000 for fiscal year 2021. (E) $1,480,000,000 for fiscal year 2022. (F) $1,520,000,000 for fiscal year 2023. (G) $760,000,000 for fiscal year 2024. (H) $1,600,000,000 for fiscal year 2025. (M) 11 So in original. $1,640,000,000 for fiscal year 2026. (N) 1 $1,680,000,000 for fiscal year 2027.

49 U.S.C. § 44941 Immunity for reporting suspicious activities

(a) In General.—Any air carrier or foreign air carrier or any employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism, as defined by section 3077 of title 18, United States Code, to any employee or agent of the Department of Transportation, the Department of Homeland Security, the Department of Justice, any Federal, State, or local law enforcement officer, or any airport or airline security officer shall not be civilly liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure. (b) Application.—Subsection (a) shall not apply to—(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or (2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.

49 U.S.C. § 44942 Performance goals and objectives

(a) Short Term Transition.—(1) In general.—The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and Congress—(A) establish acceptable levels of performance for aviation security, including screening operations and access control; and (B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved. (2) Basics of action plan.—The action plan shall clarify the responsibilities of the Transportation Security Administration, the Federal Aviation Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system. (b) Long-Term Results-Based Management.—(1) Performance plan.—(A) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree on a performance plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The plan shall identify action steps necessary to achieve such goals. (B) In addition to meeting the requirements of GPRA, the performance plan should clarify the responsibilities of the Secretary of Homeland Security, the Administrator of the Transportation Security Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system. (2) Performance report.—Each year, consistent with the requirements of GPRA, the Administrator of the Transportation Security Administration shall prepare and submit to Congress an annual report including an evaluation of the extent goals and objectives were met. The report shall include the results achieved during the year relative to the goals established in the performance plan.

49 U.S.C. § 44943 Performance management system

(a) Establishing a Fair and Equitable System for Measuring Staff Performance.—The Administrator of the Transportation Security Administration shall establish a performance management system which strengthens the organization’s effectiveness by providing for the establishment of goals and objectives for managers, employees, and organizational performance consistent with the performance plan. (b) Establishing Management Accountability for Meeting Performance Goals.—(1) In general.—Each year, the Secretary of Homeland Security and Administrator of the Transportation Security Administration shall enter into an annual performance agreement that shall set forth organizational and individual performance goals for the Administrator of the Transportation Security Administration. (2) Goals.—Each year, the Administrator of the Transportation Security Administration and each senior manager who reports to the Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the authority of the Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those employees. (c) Performance-Based Service Contracting.—To the extent contracts, if any, are used to implement the Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the Administrator of the Transportation Security Administration shall, to the extent practical, maximize the use of performance-based service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.

49 U.S.C. § 44944 Voluntary provision of emergency services

(a) Program for Provision of Voluntary Services.—(1) Program.—The Administrator of the Transportation Security Administration shall carry out a program to permit qualified law enforcement officers, firefighters, and emergency medical technicians to provide emergency services on commercial air flights during emergencies. (2) Requirements.—The Administrator of the Transportation Security Administration shall establish such requirements for qualifications of providers of voluntary services under the program under paragraph (1), including training requirements, as the Administrator of the Transportation Security Administration considers appropriate. (3) Confidentiality of registry.—If as part of the program under paragraph (1) the Administrator of the Transportation Security Administration requires or permits registration of law enforcement officers, firefighters, or emergency medical technicians who are willing to provide emergency services on commercial flights during emergencies, the Administrator of the Transportation Security Administration shall take appropriate actions to ensure that the registry is available only to appropriate airline personnel and otherwise remains confidential. (4) Consultation.—The Administrator of the Transportation Security Administration shall consult with the Administrator of the Federal Aviation Administration, appropriate representatives of the commercial airline industry, and organizations representing community-based law enforcement, firefighters, and emergency medical technicians, in carrying out the program under paragraph (1), including the actions taken under paragraph (3). (b) Exemption From Liability.—An individual shall not be liable for damages in any action brought in a Federal or State court that arises from an act or omission of the individual in providing or attempting to provide assistance in the case of an in-flight emergency in an aircraft of an air carrier if the individual meets such qualifications as the Administrator of the Transportation Security Administration shall prescribe for purposes of this section. (c) Exception.—The exemption under subsection (b) shall not apply in any case in which an individual provides, or attempts to provide, assistance described in that paragraph in a manner that constitutes gross negligence or willful misconduct.

49 U.S.C. § 44945 Disposition of unclaimed money and clothing

(a) Disposition of Unclaimed Money.—Notwithstanding section 3302 of title 31, unclaimed money recovered at any airport security checkpoint shall be retained by the Transportation Security Administration and shall remain available until expended for the purpose of providing civil aviation security as required in this chapter. (b) Disposition of Unclaimed Clothing.—(1) In general.—In disposing of unclaimed clothing recovered at any airport security checkpoint, the Administrator of the Transportation Security Administration shall make every reasonable effort, in consultation with the Secretary of Veterans Affairs, to transfer the clothing to the local airport authority or other local authorities for donation to charity, including local veterans organizations or other local charitable organizations for distribution to homeless or needy veterans and veteran families. (2) Agreements.—In implementing paragraph (1), the Administrator of the Transportation Security Administration may enter into agreements with airport authorities. (3) Other charitable arrangements.—Nothing in this subsection shall prevent an airport or the Transportation Security Administration from donating unclaimed clothing to a charitable organization of their choosing. (4) Limitation.—Nothing in this subsection shall create a cost to the Government.

49 U.S.C. § 44946 Aviation Security Advisory Committee

(a) Establishment.—The Administrator shall establish within the Transportation Security Administration an aviation security advisory committee. (b) Duties.—(1) In general.—The Administrator shall consult the Advisory Committee, as appropriate, on aviation security matters, including on the development, refinement, and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security, while adhering to sensitive security guidelines. (2) Recommendations.—(A) In general.—The Advisory Committee shall develop, at the request of the Administrator, recommendations for improvements to aviation security. (B) Recommendations of subcommittees.—Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee before transmission to the Administrator. (3) Periodic reports.—The Advisory Committee shall periodically submit to the Administrator—(A) reports on matters identified by the Administrator; and (B) reports on other matters identified by a majority of the members of the Advisory Committee. (4) Annual report.—The Advisory Committee shall submit to the Administrator an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. Not later than 6 months after the date that the Administrator receives the annual report, the Administrator shall publish a public version describing the Advisory Committee’s activities and such related matters as would be informative to the public consistent with the policy of section 552(b) of title 5. (5) Feedback.—Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under paragraph (2) or (4), the Administrator shall respond in writing to the Advisory Committee with feedback on each of the recommendations, an action plan to implement any of the recommendations with which the Administrator concurs, and a justification for why any of the recommendations have been rejected. (6) Congressional notification.—Not later than 30 days after providing written feedback to the Advisory Committee under paragraph (5), the Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives on such feedback, and provide a briefing upon request. (7) Report to congress.—Prior to briefing the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives under paragraph (6), the Administrator shall submit to such committees a report containing information relating to the recommendations transmitted by the Advisory Committee in accordance with paragraph (4). (c) Membership.—(1) Appointment.—(A) In general.—The Administrator shall appoint the members of the Advisory Committee. (B) Composition.—The membership of the Advisory Committee shall consist of individuals representing not more than 34 member organizations. Each organization shall be represented by 1 individual (or the individual’s designee). (C) Representation.—The membership of the Advisory Committee shall include representatives of air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, labor organizations representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors, labor organizations representing employees of airport construction and maintenance contractors, general aviation, privacy organizations, the travel industry, airport-based businesses (including minority-owned small businesses), businesses that conduct security screening operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry (including screening technology and biometrics), victims of terrorist acts against aviation, and law enforcement and security experts. (2) Term of office.—(A) Terms.—The term of each member of the Advisory Committee shall be two years, but a member may continue to serve until a successor is appointed. A member of the Advisory Committee may be reappointed. (B) Removal.—The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation.—The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee. (4) Meetings.—(A) In general.—The Administrator shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (B) Public meetings.—At least 1 of the meetings described in subparagraph (A) shall be open to the public. (C) Attendance.—The Advisory Committee shall maintain a record of the persons present at each meeting. (5) Member access to sensitive security information.—Not later than 60 days after the date of a member’s appointment, the Administrator shall determine if there is cause for the member to be restricted from possessing sensitive security information. Without such cause, and upon the member voluntarily signing a non-disclosure agreement, the member may be granted access to sensitive security information that is relevant to the member’s advisory duties. The member shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations. (6) Chairperson.—A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee. (d) Subcommittees.—(1) Membership.—The Advisory Committee chairperson, in coordination with the Administrator, may establish within the Advisory Committee any subcommittee that the Administrator and Advisory Committee determine to be necessary. The Administrator and the Advisory Committee shall create subcommittees to address aviation security issues, including the following:(A) Air cargo security.—The implementation of the air cargo security programs established by the Transportation Security Administration to screen air cargo on passenger aircraft and all-cargo aircraft in accordance with established cargo screening mandates. (B) General aviation.—General aviation facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports. (C) Perimeter and access control.—Recommendations on airport perimeter security, exit lane security and technology at commercial service airports, and access control issues. (D) Security technology.—Security technology standards and requirements, including their harmonization internationally, technology to screen passengers, passenger baggage, carry-on baggage, and cargo, and biometric technology. (2) Risk-based security.—All subcommittees established by the Advisory Committee chairperson in coordination with the Administrator shall consider risk-based security approaches in the performance of their functions that weigh the optimum balance of costs and benefits in transportation security, including for passenger screening, baggage screening, air cargo security policies, and general aviation security matters. (3) Meetings and reporting.—Each subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding issues within the subcommittee. (4) Subcommittee chairs.—Each subcommittee shall be co-chaired by a Government official and an industry official. (e) Subject Matter Experts.—Each subcommittee under this section shall include subject matter experts with relevant expertise who are appointed by the respective subcommittee chairpersons. (f) Nonapplicability of Chapter 10 of Title 5.—Chapter 10 of title 5 shall not apply to the Advisory Committee and its subcommittees. (g) Definitions.—In this section:(1) Administrator.—The term “Administrator” means the Administrator of the Transportation Security Administration. (2) Advisory committee.—The term “Advisory Committee” means the aviation security advisory committee established under subsection (a). (3) Perimeter security.—(A) In general.—The term “perimeter security” means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal. (B) Inclusions.—The term “perimeter security” includes the fence area surrounding an airport, access gates, and access controls.

49 U.S.C. § 44947 Air cargo security division

(a) Establishment.—Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall establish an air cargo security division to carry out and engage with stakeholders regarding the implementation of air cargo security programs established by the Administration. (b) Leadership; Staffing.—The air cargo security division established pursuant to subsection (a) shall be headed by an individual in the executive service within the TSA and be staffed by not fewer than 4 full-time equivalents, including the head of the division. (c) Staffing.—The Administrator of the Transportation Security Administration shall staff the air cargo security division with existing TSA personnel.

49 U.S.C. § 44948 National Deployment Office

(a) Establishment.—There is established within the Transportation Security Administration a National Deployment Office, to be headed by an individual with supervisory experience. Such individual shall be designated by the Administrator of the Transportation Security Administration. (b) Duties.—The individual designated as the head of the National Deployment Office shall be responsible for the following:(1) Maintaining a National Deployment Force within the Transportation Security Administration, including transportation security officers, supervisory transportation security officers and lead transportation security officers, to provide the Administration with rapid and efficient response capabilities and augment the Department of Homeland Security’s homeland security operations to mitigate and reduce risk, including for the following:(A) Airports temporarily requiring additional security personnel due to an emergency, seasonal demands, hiring shortfalls, severe weather conditions, passenger volume mitigation, equipment support, or other reasons. (B) Special events requiring enhanced security including National Special Security Events, as determined by the Secretary of Homeland Security. (C) Response in the aftermath of any manmade disaster, including any terrorist attack. (D) Other such situations, as determined by the Administrator. (2) Educating transportation security officers regarding how to participate in the Administration’s National Deployment Force. (3) Recruiting officers to serve on the National Deployment Force, in accordance with a staffing model to be developed by the Administrator. (4) Approving 1-year appointments for officers to serve on the National Deployment Force, with an option to extend upon officer request and with the approval of the appropriate Federal Security Director. (5) Training officers to serve on the National Deployment Force.