69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–37 

TSA ADMINISTRATOR MODERNIZATION ACT OF 2017 

MARCH 15, 2017.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. MCCAUL, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 1309] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 1309) to streamline the office and term of the Administrator of the Transportation Security Administration, and for other 

purposes, having considered the same, report favorably thereon 

without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Congressional Budget Office Estimate ................................................................... 3 

Statement of General Performance Goals and Objectives .................................... 4 

Duplicative Federal Programs ................................................................................ 4 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 4 

Federal Mandates Statement ................................................................................. 4 

Preemption Clarification ......................................................................................... 4 

Disclosure of Directed Rule Makings ..................................................................... 4 

Advisory Committee Statement .............................................................................. 4 

Applicability to Legislative Branch ........................................................................ 4 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 

PURPOSE AND SUMMARY

The purpose of H.R. 1309 is to update the office and term of the 

Administrator of the Transportation Security Administration (TSA) 


SSpencer on DSK4SPTVN1PROD with REPORTS
2 

to conform with current policy. H.R. 1309, the ‘‘TSA Administrator 

Modernization Act of 2017,’’ re-establishes the official position, 

level, and term of the TSA Administrator. It also adds the Administrator as an officer of the Department of Homeland Security (DHS) 

and ensures that the Administrator’s level and pay rate are appropriate for an Assistant Secretary. Additionally, this bill updates 

Federal statute to reflect current policy by clarifying that TSA is 

a component of DHS and ensuring that the Administrator has the 

appropriate title, as well as the 5-year term originally intended by 

Congress. 

BACKGROUND AND NEED FOR LEGISLATION

The TSA was originally created in 2001 as part of the Department of Transportation (DOT). However, when TSA and its functions were transferred from DOT to DHS via the Homeland Security Act of 2002, the Administrator’s position and 5-year term officially terminated. Since the Administrator’s position and term did 

not transfer, DHS has been using one of the available Assistant 

Secretary positions for the Administrator. 

This creates problems with transparency and consistency. Since 

2015, five different people have served as the TSA Administratorboth as appointees and as acting administrators. Additionally, Administrator Neffenger offered his resignation to President Trump in 

January 2017 after less than 2 years of service, since the 5-year 

term was no longer in effect. This bill addresses these issues and 

gaps by re-establishing the Administrator’s position, level, and 

term, which will ensure more consistent leadership at TSA. 

HEARINGS

The Committee did not hold any legislative hearings on H.R. 

1309 in the 115th Congress. However, this legislation was informed 

by a Subcommittee on Transportation and Protective Security Subcommittee hearing on February 2, 2017, entitled ‘‘The Future of the 

Transportation Security Administration.’’ The Subcommittee received testimony from Mr. Roger Dow, CEO, U.S. Travel Association; Ms. Nina Brooks, Head of Security, Airports Council International; and Mr. J. David Cox, National President, American Federation of Government Employees. 

COMMITTEE CONSIDERATION

The Committee met on March 8, 2017, to consider H.R. 1309, 

and ordered the measure to be reported to the House with a favorable recommendation, without amendment, by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during consideration of H.R. 

1309. 


SSpencer on DSK4SPTVN1PROD with REPORTS
3 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 1309, the 

TSA Administrator Modernization Act of 2017, would result in no 

new or increased budget authority, entitlement authority, or tax 

expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, March 13, 2017. 

Hon. MICHAEL MCCAUL, 

Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1309 the TSA Administrator Modernization Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, KEITH HALL, 

Director. 

Enclosure. 

H.R. 1309—TSA Administrator Modernization Act of 2017 

H.R. 1309 would amend current law to specify the term of the 

Administrator of the Transportation Security Administration (TSA) 

and clarify other details regarding that position within the Department of Homeland Security (DHS). 

According to DHS, the proposed changes to current law would 

codify longstanding policy regarding the role and position of the 

TSA Administrator within DHS; as a result, CBO estimates that 

enacting the bill would not affect federal spending. 

Enacting H.R. 1309 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 1309 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

H.R. 1309 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 


SSpencer on DSK4SPTVN1PROD with REPORTS
4 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 1309 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

This legislation ensures that the Administrator of the Transportation Security Administration (TSA), and TSA in general, is able 

to effectively carry out the proper responsibilities within the Department by clarifying the role, title, and term of the office. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 1309 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the rule XXI. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 

the Committee finds that H.R. 1309 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 1309 would require no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 


SSpencer on DSK4SPTVN1PROD with REPORTS
5 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides that this bill may be cited as the ‘‘TSA Administrator Modernization Act of 2017’’. 

Sec. 2. Amendments to the Homeland Security Act of 2002 and 

Title 5, United States Code 

This section amends the Homeland Security Act of 2002 by reducing from 12 to 11 the number of Assistant Secretaries available 

under subparagraph (I) of paragraph (1) of section 103(a), and by 

adding the Administrator of the Transportation Security Administration as an officer of DHS under paragraph (1) of section 103(a). 

Additionally, this section amends Section 5315 of Title 5 of the 

United States Code to include the TSA Administrator as a position 

to which Level IV of the Executive Schedule applies. 

Sec. 3. Amendments to Title 49, United States Code 

This section amends Section 114 of Title 49 of the United States 

Code by striking references to the Department of Transportation, 

Secretary of Transportation, and Under Secretary of Transportation for Security and replacing them with references to the Department of Homeland Security, Secretary of Homeland Security, 

and Administrator of the Transportation Security Administration, 

as appropriate. 

This section also amends Section 114 of Title 49 of the United 

States Code by replacing ‘‘Federal Security Managers’’ with ‘‘Federal Security Directors’’ in subparagraph (6) of subsection (f), and 

inserting ‘‘air carriers or’’ before ‘‘foreign air carriers’’ in subparagraph (14) of subsection (f). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

and existing law in which no change is proposed is shown in 

roman): 

HOMELAND SECURITY ACT OF 2002 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND 

SECURITY 

* * * * * * * 

SEC. 103. OTHER OFFICERS. 

(a) DEPUTY SECRETARY; UNDER SECRETARIES.— 

(1) IN GENERAL.—Except as provided under paragraph (2), there are the following officers, appointed by the President, by and with the advice and consent 

of the Senate: 

(A) A Deputy Secretary of Homeland Security, who shall be the Secretary’s first assistant for purposes of subchapter III of chapter 33 of title 

5, United States Code. 


SSpencer on DSK4SPTVN1PROD with REPORTS
6 

(B) An Under Secretary for Science and Technology. 

(C) A Commissioner of U.S. Customs and Border Protection. 

(D) An Administrator of the Federal Emergency Management Agency. 

(E) A Director of the Bureau of Citizenship and Immigration Services. 

(F) An Under Secretary for Management, who shall be first assistant to 

the Deputy Secretary of Homeland Security for purposes of subchapter III 

of chapter 33 of title 5, United States Code. 

(G) A Director of U.S. Immigration and Customs Enforcement. 

(H) An Under Secretary responsible for overseeing critical infrastructure 

protection, cybersecurity, and other related programs of the Department. 

(I) Not more than ø12¿ 11 Assistant Secretaries. 

(J) A General Counsel, who shall be the chief legal officer of the Department. 

(K) An Under Secretary for Strategy, Policy, and Plans. 

(L) An Administrator of the Transportation Security Administration, in accordance with section 114 of title 49, 

United States Code. 

(2) ASSISTANT SECRETARIES.—If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be the 

Assistant Secretary for Health Affairs, the Assistant Secretary 

for Legislative Affairs, or the Assistant Secretary for Public Affairs, that Assistant Secretary shall be appointed by the President without the advice and consent of the Senate. 

(b) INSPECTOR GENERAL.—There shall be in the Department an 

Office of Inspector General and an Inspector General at the head 

of such office, as provided in the Inspector General Act of 1978 (5 

U.S.C. App.). 

(c) COMMANDANT OF THE COAST GUARD.—To assist the Secretary 

in the performance of the Secretary’s functions, there is a Commandant of the Coast Guard, who shall be appointed as provided 

in section 44 of title 14, United States Code, and who shall report 

directly to the Secretary. In addition to such duties as may be provided in this Act and as assigned to the Commandant by the Secretary, the duties of the Commandant shall include those required 

by section 2 of title 14, United States Code. 

(d) OTHER OFFICERS.—To assist the Secretary in the performance 

of the Secretary’s functions, there are the following officers, appointed by the President: 

(1) A Director of the Secret Service. 

(2) A Chief Information Officer. 

(3) An Officer for Civil Rights and Civil Liberties. 

(4) A Director for Domestic Nuclear Detection. 

(5) Any Director of a Joint Task Force under section 708. 

(e) CHIEF FINANCIAL OFFICER.—There shall be in the Department 

a Chief Financial Officer, as provided in chapter 9 of title 31, 

United States Code. 

(f) PERFORMANCE OF SPECIFIC FUNCTIONS.—Subject to the provisions of this Act, every officer of the Department shall perform the 

functions specified by law for the official’s office or prescribed by 

the Secretary. 

(g) VACANCIES.— 

(1) ABSENCE, DISABILITY, OR VACANCY OF SECRETARY OR DEPUTY SECRETARY.—Notwithstanding chapter 33 of title 5, United 

States Code, the Under Secretary for Management shall serve 

as the Acting Secretary if by reason of absence, disability, or 

vacancy in office, neither the Secretary nor Deputy Secretary 

is available to exercise the duties of the Office of the Secretary. 


SSpencer on DSK4SPTVN1PROD with REPORTS
7 

(2) FURTHER ORDER OF SUCCESSION.—Notwithstanding chapter 33 of title 5, United States Code, the Secretary may designate such other officers of the Department in further order 

of succession to serve as Acting Secretary. 

(3) NOTIFICATION OF VACANCIES.—The Secretary shall notify 

the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security 

of the House of Representatives of any vacancies that require 

notification under sections 3345 through 3349d of title 5, 

United States Code (commonly known as the ‘‘Federal Vacancies Reform Act of 1998’’). 

* * * * * * * 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART D—PAY AND ALLOWANCES 

* * * * * * * 

CHAPTER 53—PAY RATES AND SYSTEMS 

* * * * * * * 

SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES 

* * * * * * * 

§ 5315. Positions at level IV 

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

Deputy Administrator of General Services. 

Associate Administrator of the National Aeronautics and 

Space Administration. 

Assistant Administrators, Agency for International Development (6). 

Regional Assistant Administrators, Agency for International 

Development (4). 

Assistant Secretaries of Agriculture (3). 

Assistant Secretaries of Commerce (11). 

Assistant Secretaries of Defense (14). 

Assistant Secretaries of the Air Force (4). 

Assistant Secretaries of the Army (5). 

Assistant Secretaries of the Navy (4). 

Assistant Secretaries of Health and Human Services (6). 

Assistant Secretaries of the Interior (6). 

Assistant Attorneys General (11). 


SSpencer on DSK4SPTVN1PROD with REPORTS
8 

Assistant Secretaries of Labor (10), one of whom shall be the 

Assistant Secretary of Labor for Veterans’ Employment and 

Training. 

Administrator, Wage and Hour Division, Department of 

Labor. 

Assistant Secretaries of State (24) and 4 other State Department officials to be appointed by the President, by and with 

the advice and consent of the Senate. 

Assistant Secretaries of the Treasury (10). 

Members, United States International Trade Commission (5). 

Assistant Secretaries of Education (10). 

General Counsel, Department of Education. 

Director of Civil Defense, Department of the Army. 

Deputy Director of the Office of Emergency Planning. 

Deputy Director of the Office of Science and Technology. 

Deputy Director of the Peace Corps. 

Assistant Directors of the Office of Management and Budget 

(3). 

General Counsel of the Department of Agriculture. 

General Counsel of the Department of Commerce. 

General Counsel of the Department of Defense. 

General Counsel of the Department of Health and Human 

Services. 

Solicitor of the Department of the Interior. 

Solicitor of the Department of Labor. 

General Counsel of the National Labor Relations Board. 

General Counsel of the Department of the Treasury. 

First Vice President of the Export-Import Bank of Washington. 

Members, Council of Economic Advisers. 

Members, Board of Directors of the Export-Import Bank of 

Washington. 

Members, Federal Communications Commission. 

Member, Board of Directors of the Federal Deposit Insurance 

Corporation. 

Directors, Federal Housing Finance Board. 

Members, Federal Energy Regulatory Commission. 

Members, Federal Trade Commission. 

Members, Surface Transportation Board. 

Members, National Labor Relations Board. 

Members, Securities and Exchange Commission. 

Members, Merit Systems Protection Board. 

Members, Federal Maritime Commission. 

Members, National Mediation Board. 

Members, Railroad Retirement Board. 

Director of Selective Service. 

Associate Director of the Federal Bureau of Investigation, 

Department of Justice. 

Members, Equal Employment Opportunity Commission (4). 

Director, Community Relations Service. 

Members, National Transportation Safety Board. 

General Counsel, Department of Transportation. 

Deputy Administrator, Federal Aviation Administration. 

Assistant Secretaries of Transportation (5). 

Deputy Federal Highway Administrator. 


SSpencer on DSK4SPTVN1PROD with REPORTS
9 

Administrator of the Saint Lawrence Seaway Development 

Corporation. 

Assistant Secretary for Science, Smithsonian Institution. 

Assistant Secretary for History and Art, Smithsonian Institution. 

Deputy Administrator of the Small Business Administration. 

Assistant Secretaries of Housing and Urban Development 

(8). 

General Counsel of the Department of Housing and Urban 

Development. 

Commissioner of Interama. 

Federal Insurance Administrator, Federal Emergency Management Agency. 

Executive Vice President, Overseas Private Investment Corporation. 

Members, National Credit Union Administration Board (2). 

Members, Postal Regulatory Commission (4). 

Members, Occupational Safety and Health Review Commission. 

Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2). 

Members, Consumer Product Safety Commission (4). 

Members, Commodity Futures Trading Commission. 

Director of Nuclear Reactor Regulation, Nuclear Regulatory 

Commission. 

Director of Nuclear Material Safety and Safeguards, Nuclear 

Regulatory Commission. 

Director of Nuclear Regulatory Research, Nuclear Regulatory 

Commission. 

Executive Director for Operations, Nuclear Regulatory Commission. 

President, Government National Mortgage Association, Department of Housing and Urban Development. 

Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration. 

Director, Bureau of Prisons, Department of Justice. 

Assistant Secretaries of Energy (8). 

General Counsel of the Department of Energy. 

Administrator, Economic Regulatory Administration, Department of Energy. 

Administrator, Energy Information Administration, Department of Energy. 

Director, Office of Indian Energy Policy and Programs, Department of Energy. 

Director, Office of Science, Department of Energy. 

Assistant Secretary of Labor for Mine Safety and Health. 

Members, Federal Mine Safety and Health Review Commission. 

President, National Consumer Cooperative Bank. 

Special Counsel of the Merit Systems Protection Board. 

Chairman, Federal Labor Relations Authority. 

Assistant Secretaries, Department of Homeland Security. 

General Counsel, Department of Homeland Security. 


SSpencer on DSK4SPTVN1PROD with REPORTS
10 

Officer for Civil Rights and Civil Liberties, Department of 

Homeland Security. 

Chief Financial Officer, Department of Homeland Security. 

Chief Information Officer, Department of Homeland Security. 

Deputy Director, Institute for Scientific and Technological 

Cooperation. 

Director of the National Institute of Justice. 

Director of the Bureau of Justice Statistics. 

Chief Counsel for Advocacy, Small Business Administration. 

Assistant Administrator for Toxic Substances, Environmental Protection Agency. 

Assistant Administrator, Office of Solid Waste, Environmental Protection Agency. 

Assistant Administrators, Environmental Protection Agency 

(8). 

Director of Operational Test and Evaluation, Department of 

Defense. 

Director of Cost Assessment and Program Evaluation, Department of Defense. 

Special Representatives of the President for arms control, 

nonproliferation, and disarmament matters, Department of 

State. 

Ambassadors at Large. 

Assistant Secretary of Commerce and Director General of the 

United States and Foreign Commercial Service. 

Assistant Secretaries, Department of Veterans Affairs (7). 

General Counsel, Department of Veterans Affairs. 

Commissioner of Food and Drugs, Department of Health and 

Human Services 

Chairman, Board of Veterans’ Appeals. 

Administrator, Office of Juvenile Justice and Delinquency 

Prevention. 

Director, United States Marshals Service. 

Chairman, United States Parole Commission. 

Director, Bureau of the Census, Department of Commerce. 

Director of the Institute of Museum and Library Services. 

Chief Financial Officer, Department of Agriculture. 

Chief Financial Officer, Department of Commerce. 

Chief Financial Officer, Department of Education. 

Chief Financial Officer, Department of Energy. 

Chief Financial Officer, Department of Health and Human 

Services. 

Chief Financial Officer, Department of Housing and Urban 

Development. 

Chief Financial Officer, Department of the Interior. 

Chief Financial Officer, Department of Justice. 

Chief Financial Officer, Department of Labor. 

Chief Financial Officer, Department of State. 

Chief Financial Officer, Department of Transportation. 

Chief Financial Officer, Department of the Treasury. 

Chief Financial Officer, Department of Veterans Affairs. 

Chief Financial Officer, Environmental Protection Agency. 

Chief Financial Officer, National Aeronautics and Space Administration. 


SSpencer on DSK4SPTVN1PROD with REPORTS
11 

Commissioner, Office of Navajo and Hopi Indian Relocation. 

Principal Deputy Under Secretary of Defense for Policy. 

Principal Deputy Under Secretary of Defense for Personnel 

and Readiness. 

Principal Deputy Under Secretary of Defense (Comptroller). 

Principal Deputy Under Secretary of Defense for Intelligence. 

General Counsel of the Department of the Army. 

General Counsel of the Department of the Navy. 

General Counsel of the Department of the Air Force. 

Liaison for Community and Junior Colleges, Department of 

Education. 

Director of the Office of Educational Technology. 

Director of the International Broadcasting Bureau. 

The Commissioner of Labor Statistics, Department of Labor. 

Administrator, Rural Utilities Service, Department of Agriculture. 

Chief Information Officer, Department of Agriculture. 

Chief Information Officer, Department of Commerce. 

Chief Information Officer, Department of Defense (unless the 

official designated as the Chief Information Officer of the Department of Defense is an official listed under section 5312, 

5313, or 5314 of this title). 

Chief Information Officer, Department of Education. 

Chief Information Officer, Department of Energy. 

Chief Information Officer, Department of Health and Human 

Services. 

Chief Information Officer, Department of Housing and 

Urban Development. 

Chief Information Officer, Department of the Interior. 

Chief Information Officer, Department of Justice. 

Chief Information Officer, Department of Labor. 

Chief Information Officer, Department of State. 

Chief Information Officer, Department of Transportation. 

Chief Information Officer, Department of the Treasury. 

Chief Information Officer, Department of Veterans Affairs. 

Chief Information Officer, Environmental Protection Agency. 

Chief Information Officer, National Aeronautics and Space 

Administration. 

Chief Information Officer, Agency for International Development. 

Chief Information Officer, Federal Emergency Management 

Agency. 

Chief Information Officer, General Services Administration. 

Chief Information Officer, National Science Foundation. 

Chief Information Officer, Nuclear Regulatory Agency. 

Chief Information Officer, Office of Personnel Management. 

Chief Information Officer, Small Business Administration. 

Chief Information Officer of the Intelligence Community. 

General Counsel of the Central Intelligence Agency. 

Principal Deputy Administrator, National Nuclear Security 

Administration. 

Additional Deputy Administrators of the National Nuclear 

Security Administration (3), but if the Deputy Administrator 

for Naval Reactors is an officer of the Navy on active duty, (2). 


SSpencer on DSK4SPTVN1PROD with REPORTS
12 

Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and 

Trademark Office. 

General Counsel of the Office of the Director of National Intelligence. 

Chief Medical Officer, Department of Homeland Security. 

Administrator of the Transportation Security Administration, 

Department of Homeland Security. 

* * * * * * * 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—DEPARTMENT OF 

TRANSPORTATION 

* * * * * * * 

CHAPTER 1—ORGANIZATION 

* * * * * * * 

§ 114. Transportation Security Administration 

(a) IN GENERAL.—The Transportation Security Administration 

shall be an administration of the øDepartment of Transportation¿ 

Department of Homeland Security. 

(b) øUNDER SECRETARY¿ ADMINISTRATOR.— 

(1) APPOINTMENT.—The head of the Administration shall be 

the øUnder Secretary of Transportation for Security¿ Administrator of the Transportation Security Administration. The 

øUnder Secretary¿ Administrator shall be appointed by the 

President, by and with the advice and consent of the Senate. 

(2) QUALIFICATIONS.—The øUnder Secretary¿ Administrator 

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 øUnder Secretary¿ Administrator shall be 5 years. 

(c) LIMITATION ON OWNERSHIP OF STOCKS AND BONDS.—The 

øUnder Secretary¿ Administrator may not own stock in or bonds 

of a transportation or security enterprise or an enterprise that 

makes equipment that could be used for security purposes. 

(d) FUNCTIONS.—The øUnder Secretary¿ Administrator shall be 

responsible for security in all modes of transportation, including— 

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

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

(e) SCREENING OPERATIONS.—The øUnder Secretary¿ Administrator shall— 


SSpencer on DSK4SPTVN1PROD with REPORTS
13 

(1) be responsible for day-to-day Federal security screening 

operations for passenger air transportation and intrastate air 

transportation under sections 44901 and 44935; 

(2) develop standards for the hiring and retention of security 

screening personnel; 

(3) train and test security screening personnel; and 

(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States 

where screening is required under section 44901, in consultation with the øSecretary of Transportation¿ Secretary of Homeland Security 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 øUnder Secretary¿ Administrator shall— 

(1) receive, assess, and distribute intelligence information related to transportation security; 

(2) assess threats to transportation; 

(3) develop policies, strategies, and plans for dealing with 

threats to transportation security; 

(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States 

Government; 

(5) serve as the primary liaison for transportation security to 

the intelligence and law enforcement communities; 

(6) on a day-to-day basis, manage and provide operational 

guidance to the field security resources of the Administration, 

including øFederal Security Managers¿ Federal Security Directors as provided by section 44933; 

(7) enforce security-related regulations and requirements; 

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

(9) inspect, maintain, and test security facilities, equipment, 

and systems; 

(10) ensure the adequacy of security measures for the transportation of cargo; 

(11) oversee the implementation, and ensure the adequacy, 

of security measures at airports and other transportation facilities; 

(12) require background checks for airport security screening 

personnel, individuals with access to secure areas of airports, 

and other transportation security personnel; 

(13) work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations; 

(14) work with the International Civil Aviation Organization 

and appropriate aeronautic authorities of foreign governments 

under section 44907 to address security concerns on passenger 

flights by air carriers or foreign air carriers in foreign air 

transportation; and 

(15) carry out such other duties, and exercise such other 

powers, relating to transportation security as the øUnder Secretary¿ Administrator considers appropriate, to the extent authorized by law. 


SSpencer on DSK4SPTVN1PROD with REPORTS
14 

(g) NATIONAL EMERGENCY RESPONSIBILITIES.— (1) IN GENERAL.—Subject to the direction and control of øthe 

Secretary¿ the Secretary of Homeland Security, the øUnder 

Secretary¿ Administrator, during a national emergency, shall 

have the following responsibilities: 

(A) To coordinate domestic transportation, including 

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

(B) To coordinate and oversee the transportation-related 

responsibilities of other departments and agencies of the 

Federal Government other than the Department of Defense and the military departments. 

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

(D) To carry out such other duties, and exercise such 

other powers, relating to transportation during a national 

emergency as øthe Secretary¿ the Secretary of Homeland 

Security shall prescribe. 

(2) AUTHORITY OF OTHER DEPARTMENTS AND AGENCIES.—The 

authority of the øUnder Secretary¿ Administrator under this 

subsection shall not supersede the authority of any other department or agency of the Federal Government under law with 

respect to transportation or transportation-related matters, 

whether or not during a national emergency. 

(3) CIRCUMSTANCES.—øThe Secretary¿ 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 øUnder Secretary¿ Administrator shall— 

(1) enter into memoranda of understanding with Federal 

agencies or other entities to share or otherwise cross-check as 

necessary data on individuals identified on Federal agency 

databases who may pose a risk to transportation or national 

security; 

(2) establish procedures for notifying the Administrator of 

the Federal Aviation Administration, appropriate State and 

local law enforcement officials, and airport or airline security 

officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat 

to airline or passenger safety; 

(3) in consultation with other appropriate Federal agencies 

and air carriers, establish policies and procedures requiring air 

carriers— 

(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to 

civil aviation or national security; and 

(B) if such an individual is identified, notify appropriate 

law enforcement agencies, prevent the individual from 

boarding an aircraft, or take other appropriate action with 

respect to that individual; and 


SSpencer on DSK4SPTVN1PROD with REPORTS
15 

(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose 

of identifying individuals who may pose a threat to aviation 

safety or national security. 

(i) VIEW OF NTSB.—In taking any action under this section that 

could affect safety, the øUnder Secretary¿ Administrator shall give 

great weight to the timely views of the National Transportation 

Safety Board. 

(j) ACQUISITIONS.— (1) IN GENERAL.—The øUnder Secretary¿ Administrator is 

authorized— 

(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within 

and outside the continental United States, as the øUnder 

Secretary¿ Administrator considers necessary; 

(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain 

such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the øUnder Secretary¿ Administrator considers necessary; 

(C) to lease to others such real and personal property 

and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain and operate equipment for these facilities; 

(D) to acquire services, including such personal services 

as øthe Secretary¿ 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 

(E) in cooperation with the Administrator of the Federal 

Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration. 

(2) TITLE.—Title to any property or interest therein acquired 

pursuant to this subsection shall be held by the Government 

of the United States. 

(k) TRANSFERS OF FUNDS.—The øUnder Secretary¿ Administrator 

is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies 

(as such term is defined in section 551(1) of title 5) to carry out 

functions transferred, on or after the date of enactment of the Aviation and Transportation Security Act, by law to the øUnder Secretary¿ Administrator. (l) REGULATIONS.— 

(1) IN GENERAL.—The øUnder Secretary¿ Administrator is 

authorized to issue, rescind, and revise such regulations as are 

necessary to carry out the functions of the Administration. 

(2) EMERGENCY PROCEDURES.— (A) IN GENERAL.—Notwithstanding any other provision 

of law or executive order (including an executive order requiring a cost-benefit analysis), if the øUnder Secretary¿ 

Administrator determines that a regulation or security directive must be issued immediately in order to protect 

transportation security, the øUnder Secretary¿ AdminisVerDate Sep 11 2014 06:44 Mar 16, 2017 Jkt 069006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6601 E:\HR\OC\HR037.XXX HR037

SSpencer on DSK4SPTVN1PROD with REPORTS
16 

trator shall issue the regulation or security directive without providing notice or an opportunity for comment and 

without prior approval of øthe Secretary¿ the Secretary of 

Homeland Security. (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 øUnder Secretary¿ Administrator. (3) FACTORS TO CONSIDER.—In determining whether to issue, 

rescind, or revise a regulation under this section, the øUnder 

Secretary¿ Administrator shall consider, as a factor in the final 

determination, whether the costs of the regulation are excessive in relation to the enhancement of security the regulation 

will provide. The øUnder Secretary¿ Administrator may waive 

requirements for an analysis that estimates the number of 

lives that will be saved by the regulation and the monetary 

value of such lives if the øUnder Secretary¿ Administrator determines that it is not feasible to make such an estimate. 

(4) AIRWORTHINESS OBJECTIONS BY FAA.— 

(A) IN GENERAL.—The øUnder Secretary¿ Administrator 

shall not take an aviation security action under this title 

if the Administrator of the Federal Aviation Administration notifies the øUnder Secretary¿ Administrator that the 

action could adversely affect the airworthiness of an aircraft. 

(B) REVIEW BY SECRETARY.—Notwithstanding subparagraph (A), the øUnder Secretary¿ Administrator may take 

such an action, after receiving a notification concerning the 

action from øthe Administrator under subparagraph (A)¿ 

the Administrator of the Federal Aviation Administration 

under subparagraph (A), if the Secretary of Transportation 

subsequently approves the action. 

(m) PERSONNEL AND SERVICES; COOPERATION BY øUNDER SEC- RETARY¿ ADMINISTRATOR.— (1) AUTHORITY OF øUNDER SECRETARY¿ ADMINISTRATOR.—In 

carrying out the functions of the Administration, the øUnder 

Secretary¿ Administrator shall have the same authority as is 

provided to the Administrator of the Federal Aviation Administration under subsections (l) and (m) of section 106. 

(2) AUTHORITY OF AGENCY HEADS.—The head of a Federal 

agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the øUnder Secretary¿ Administrator as the head has to provide services, supplies, equipment, personnel, and facilities to the Administrator 

of the Federal Aviation Administration under section 106(m). 

(n) PERSONNEL MANAGEMENT SYSTEM.—The personnel management system established by the Administrator of the Federal Aviation Administration under section 40122 shall apply to employees 

of the Transportation Security Administration, or, subject to the requirements of such section, the øUnder Secretary¿ Administrator 

may make such modifications to the personnel management system 


SSpencer on DSK4SPTVN1PROD with REPORTS
17 

with respect to such employees as the øUnder Secretary¿ Administrator considers appropriate, such as adopting aspects of other personnel systems of the øDepartment of Transportation¿ Department 

of Homeland Security. 

(o) AUTHORITY OF INSPECTOR GENERAL.—The Transportation Security Administration shall be subject to the Inspector General Act 

of 1978 (5 U.S.C. App.) and other laws relating to the authority of 

the Inspector General of the øDepartment of Transportation¿ Department of Homeland Security. 

(p) LAW ENFORCEMENT POWERS.— 

(1) IN GENERAL.—The øUnder Secretary¿ Administrator may 

designate an employee of the Transportation Security Administration or other Federal agency to serve as a law enforcement 

officer. 

(2) POWERS.—While engaged in official duties of the Administration as required to fulfill the responsibilities under this 

section, a law enforcement officer designated under paragraph 

(1) may— 

(A) carry a firearm; 

(B) make an arrest without a warrant for any offense 

against the United States committed in the presence of the 

officer, or for any felony cognizable under the laws of the 

United States if the officer has probable cause to believe 

that the person to be arrested has committed or is committing the felony; and 

(C) seek and execute warrants for arrest or seizure of 

evidence issued under the authority of the United States 

upon probable cause that a violation has been committed. 

(3) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority 

provided by this subsection shall be exercised in accordance 

with guidelines prescribed by the øUnder Secretary¿ Administrator, in consultation with the Attorney General of the United 

States, and shall include adherence to the Attorney General’s 

policy on use of deadly force. 

(4) REVOCATION OR SUSPENSION OF AUTHORITY.—The powers 

authorized by this subsection may be rescinded or suspended 

should the Attorney General determine that the øUnder Secretary¿ Administrator has not complied with the guidelines 

prescribed in paragraph (3) and conveys the determination in 

writing to the øSecretary of Transportation¿ Secretary of 

Homeland Security and the øUnder Secretary¿ Administrator. 

(q) AUTHORITY TO EXEMPT.—The øUnder Secretary¿ Administrator may grant an exemption from a regulation prescribed in carrying out this section if the øUnder Secretary¿ Administrator determines that the exemption is in the public interest. 

(r) NONDISCLOSURE OF SECURITY ACTIVITIES.— 

(1) IN GENERAL.—Notwithstanding section 552 of title 5, the 

øUnder Secretary¿ Administrator shall prescribe regulations 

prohibiting the disclosure of information obtained or developed 

in carrying out security under authority of the Aviation and 

Transportation Security Act (Public Law 107-71) or under 

chapter 449 of this title if the øUnder Secretary¿ Administrator decides that disclosing the information would— 

(A) be an unwarranted invasion of personal privacy; 


SSpencer on DSK4SPTVN1PROD with REPORTS
18 

(B) reveal a trade secret or privileged or confidential 

commercial or financial information; or 

(C) be detrimental to the security of transportation. 

(2) Availability of information to Congress- Paragraph (1) 

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

(3) Limitation on transferability of duties- Except as otherwise provided by law, the øUnder Secretary¿ Administrator 

may not transfer a duty or power under this subsection to another department, agency, or instrumentality of the United 

States. 

(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)— 

(A) to conceal a violation of law, inefficiency, or administrative error; 

(B) to prevent embarrassment to a person, organization, 

or agency; 

(C) to restrain competition; or 

(D) 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. 

(s) TRANSPORTATION SECURITY STRATEGIC PLANNING.— 

(1) IN GENERAL.—The Secretary of Homeland Security shall 

develop, prepare, implement, and update, as needed— 

(A) a National Strategy for Transportation Security; and 

(B) transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, 

pipeline, public transportation, over-the-road bus, and 

other transportation infrastructure assets. 

(2) ROLE OF SECRETARY OF TRANSPORTATION.—The Secretary 

of Homeland Security shall work jointly with the Secretary of 

Transportation in developing, revising, and updating the documents required by paragraph (1). 

(3) CONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION

SECURITY.—The National Strategy for Transportation Security 

shall include the following: 

(A) An identification and evaluation of the transportation assets in the United States that, in the interests of 

national security and commerce, must be protected from 

attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, 

rail, mass transit, over-the-road bus, and other public 

transportation infrastructure assets that could be at risk 

of such an attack or disruption. 

(B) The development of risk-based priorities, 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 


SSpencer on DSK4SPTVN1PROD with REPORTS
19 

and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A). 

(C) The most appropriate, practical, and cost-effective 

means of defending those assets against threats to their 

security. 

(D) A forward-looking strategic plan that sets forth the 

agreed upon roles and missions of Federal, State, regional, 

local, and tribal authorities and establishes mechanisms 

for encouraging cooperation and participation by private 

sector entities, including nonprofit employee labor organizations, in the implementation of such plan. 

(E) 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. 

(F) A prioritization of research and development objectives that support transportation security needs, giving a 

higher priority to research and development directed toward protecting vital transportation assets. 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. 

(G) A 3- and 10-year budget for Federal transportation 

security programs that will achieve the priorities of the 

National Strategy for Transportation Security. 

(H) Methods for linking the individual transportation 

modal security plans and the programs contained therein, 

and a plan for addressing the security needs of intermodal 

transportation. 

(I) Transportation modal security plans described in 

paragraph (1)(B), including operational recovery plans to 

expedite, to the maximum extent practicable, the return to 

operation of an adversely affected transportation system 

following a major terrorist attack on that system or other 

incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of 

the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 

70103(a) of title 46. 

(4) SUBMISSIONS OF PLANS TO CONGRESS.— 

(A) INITIAL STRATEGY.—The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans, developed under this subsection to the appropriate congressional committees not later than April 1, 

2005. 

(B) SUBSEQUENT VERSIONS.—After December 31, 2005, 

the Secretary of Homeland Security shall submit the NaVerDate Sep 11 2014 06:44 Mar 16, 2017 Jkt 069006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6601 E:\HR\OC\HR037.XXX HR037

SSpencer on DSK4SPTVN1PROD with REPORTS
20 

tional Strategy for Transportation Security, including the 

transportation modal security plans and any revisions to 

the National Strategy for Transportation Security and the 

transportation modal security plans, to appropriate congressional committees not less frequently than April 1 of 

each even-numbered year. 

(C) PERIODIC PROGRESS REPORT.— (i) REQUIREMENT FOR REPORT.—Each year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States 

Code, the Secretary of Homeland Security shall submit 

to the appropriate congressional committees an assessment of the progress made on implementing the National Strategy for Transportation Security, including 

the transportation modal security plans. 

(ii) CONTENT.—Each progress report submitted 

under this subparagraph shall include, at a minimum, 

the following: 

(I) Recommendations for improving and implementing the National Strategy for Transportation 

Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary 

of Transportation, considers appropriate. 

(II) 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. 

(III) An accounting of all— 

(aa) 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; 

(bb) personnel working on transportation 

security by mode, including the number of 

contractors; and 

(cc) 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. 

(iii) WRITTEN EXPLANATION OF TRANSPORTATION SE- CURITY 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 appropriate congressional 

committees a written explanation of any Federal 

transportation security activity that is inconsistent 


SSpencer on DSK4SPTVN1PROD with REPORTS
21 

with the National Strategy for Transportation Security, including the amount of funds to be expended for 

the activity and the number of personnel involved. 

(D) CLASSIFIED MATERIAL.—Any part of the National 

Strategy for Transportation Security or the transportation 

modal security plans that involve information that is properly classified under criteria established by Executive 

order shall be submitted to the appropriate congressional 

committees separately in a classified format. 

(E) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term ‘‘appropriate congressional committees’’ means the Committee on Transportation and Infrastructure and the 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. 

(5) PRIORITY STATUS.— 

(A) IN GENERAL.—The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts. 

(B) OTHER PLANS AND REPORTS.—The National Strategy 

for Transportation Security shall include, as an integral 

part or as an appendix— 

(i) the current National Maritime Transportation Security Plan under section 70103 of title 46; 

(ii) the report required by section 44938 of this title; 

(iii) transportation modal security plans required 

under this section; 

(iv) the transportation sector specific plan required 

under Homeland Security Presidential Directive-7; 

and 

(v) any other transportation security plan or report 

that the Secretary of Homeland Security determines 

appropriate for inclusion. 

(6) COORDINATION.—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. 

(7) PLAN DISTRIBUTION.—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 plans, to Federal, State, regional, local and tribal authorities, transportation system owners or operators, private sector 

stakeholders, including nonprofit employee labor organizations 

representing transportation employees, institutions of higher 

learning, and other appropriate entities. 

(u) TRANSPORTATION SECURITY INFORMATION SHARING PLAN.— 

(1) DEFINITIONS.—In this subsection: 


SSpencer on DSK4SPTVN1PROD with REPORTS
22 

(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 

term ‘‘appropriate congressional committees’’ has the 

meaning given that term in subsection (s)(4)(E). 

(B) PLAN.—The term ‘‘Plan’’ means the Transportation 

Security Information Sharing Plan established under paragraph (2). 

(C) PUBLIC AND PRIVATE STAKEHOLDERS.—The term 

‘‘public and private stakeholders’’ means Federal, State, 

and local agencies, tribal governments, and appropriate 

private entities, including nonprofit employee labor organizations representing transportation employees. 

(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Homeland Security. 

(E) TRANSPORTATION SECURITY INFORMATION.—The term 

‘‘transportation security information’’ means information 

relating to the risks to transportation modes, including 

aviation, public transportation, railroad, ferry, highway, 

maritime, pipeline, and over-the-road bus transportation, 

and may include specific and general intelligence products, 

as appropriate. 

(2) ESTABLISHMENT OF PLAN.—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. In establishing the Plan, 

the Secretary shall gather input on the development of the 

Plan from private and public stakeholders and 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). 

(3) PURPOSE OF PLAN.—The Plan shall promote sharing of 

transportation security information between the Department of 

Homeland Security and public and private stakeholders. 

(4) CONTENT OF PLAN.—The Plan shall include— 

(A) 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; 

(B) 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 appropriate congressional committees if 

the point of contact established pursuant to this subparagraph differs from the agency within the Department that 

has the primary authority, or has been delegated such authority by the Secretary, to regulate the security of that 

transportation mode; 


SSpencer on DSK4SPTVN1PROD with REPORTS
23 

(C) a reasonable deadline by which the Plan will be implemented; and 

(D) a description of resource needs for fulfilling the Plan. 

(5) COORDINATION WITH INFORMATION SHARING.—The Plan 

shall be— 

(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 

(B) 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. 

(6) REPORTS TO CONGRESS.— 

(A) IN GENERAL.—Not later than 150 days after the date 

of enactment of this subsection, and annually thereafter, 

the Secretary shall submit to the appropriate congressional committees, a report containing the Plan. 

(B) ANNUAL REPORT.—Not later than 1 year after the 

date of enactment of this subsection, the Secretary shall 

submit to the appropriate congressional committees a report on updates to and the implementation of the Plan. 

(7) SECURITY CLEARANCES.—The Secretary shall, to the 

greatest extent practicable, take steps to expedite the security 

clearances needed for designated public and private stakeholders to receive and obtain access to classified information 

distributed under this section, as appropriate. 

(8) CLASSIFICATION OF MATERIAL.—The Secretary, to the 

greatest extent practicable, shall provide designated public and 

private stakeholders with transportation security information 

in an unclassified format. 

(v) ENFORCEMENT OF REGULATIONS AND ORDERS OF THE SECRETARY OF HOMELAND SECURITY.— (1) APPLICATION OF SUBSECTION.— (A) IN GENERAL.—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’’). 

(B) VIOLATIONS OF CHAPTER 449.—The penalties for violations of regulations prescribed and orders issued by the 

Secretary of Homeland Security under chapter 449 of this 

title are provided under chapter 463 of this title. 

(C) NONAPPLICATION TO CERTAIN VIOLATIONS.— 

(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— 

(I) involving the transportation of personnel or 

shipments of materials by contractors where the 

Department of Defense has assumed control and 

responsibility; 


SSpencer on DSK4SPTVN1PROD with REPORTS
24 

(II) by a member of the armed forces of the 

United States when performing official duties; or 

(III) by a civilian employee of the Department of 

Defense when performing official duties. 

(ii) 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’s designee. 

(2) CIVIL PENALTY.— (A) IN GENERAL.—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. 

(B) REPEAT VIOLATIONS.—A separate violation occurs 

under this paragraph for each day the violation continues. 

(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— 

(A) IN GENERAL.—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. 

(B) SCOPE OF CIVIL ACTION.—In a civil action to collect 

a civil penalty imposed by the Secretary 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 under this 

subsection if— 

(i) the amount in controversy is more than— (I) $400,000, if the violation was committed by 

a person other than an individual or small business concern; or 

(II) $50,000 if the violation was committed by 

an individual or small business concern; 

(ii) the action is in rem or another action in rem 

based on the same violation has been brought; or 

(iii) another action has been brought for an injunction based on the same violation. 

(D) MAXIMUM PENALTY.—The maximum civil penalty the 

Secretary administratively may impose under this paragraph is— 

(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or 

(ii) $50,000, if the violation was committed by an individual or small business concern. 

(E) NOTICE AND OPPORTUNITY TO REQUEST HEARING.— Before imposing a penalty under this section the Secretary 

shall provide to the person against whom the penalty is to 

be imposed— 

(i) written notice of the proposed penalty; and 

(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary receives the request not 


SSpencer on DSK4SPTVN1PROD with REPORTS
25 

later than 30 days after the date on which the person 

receives notice. 

(4) COMPROMISE AND SETOFF.— (A) The Secretary may compromise the amount of a civil 

penalty imposed under this subsection. 

(B) 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. 

(5) INVESTIGATIONS AND PROCEEDINGS.—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. 

(6) DEFINITIONS.—In this subsection: 

(A) PERSON.—The term ‘‘person’’ does not include— 

(i) the United States Postal Service; or 

(ii) the Department of Defense. 

(B) SMALL BUSINESS CONCERN.—The term ‘‘small business concern’’ has the meaning given that term in section 

3 of the Small Business Act (15 U.S.C. 632). 

(7) ENFORCEMENT TRANSPARENCY.— (A) IN GENERAL.—Not later than December 31, 2008, and 

annually thereafter, the Secretary shall— 

(i) provide an annual summary to the public of all 

enforcement actions taken by the Secretary under this 

subsection; and 

(ii) 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. 

(B) ELECTRONIC AVAILABILITY.—Each summary under 

this paragraph shall be made available to the public by 

electronic means. 

(C) RELATIONSHIP TO THE FREEDOM OF INFORMATION

ACT AND THE PRIVACY ACT.—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. 

(D) ENFORCEMENT GUIDANCE.—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. 

(w) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Homeland Security for— 

(1) railroad security— 

(A) $488,000,000 for fiscal year 2008; 

(B) $483,000,000 for fiscal year 2009; 

(C) $508,000,000 for fiscal year 2010; and 

(D) $508,000,000 for fiscal year 2011; 

(2) over-the-road bus and trucking security— (A) $14,000,000 for fiscal year 2008; 

(B) $27,000,000 for fiscal year 2009; 

(C) $27,000,000 for fiscal year 2010; and 

(D) $27,000,000 for fiscal year 2011; and 


SSpencer on DSK4SPTVN1PROD with REPORTS
26 

(3) hazardous material and pipeline security— (A) $12,000,000 for fiscal year 2008; 

(B) $12,000,000 for fiscal year 2009; and 

(C) $12,000,000 for fiscal year 2010. 

* * * * * * * 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS