325 
portation Security Administration employees and to acquire, maintain, 
and operate equipment for these facilities; 
(4) acquire services, including personal services the Secretary deter-
mines necessary, and to acquire (by purchase, lease, condemnation, or 
otherwise) and to construct, repair, operate, and maintain research and 
testing sites and facilities; and 
(5) in cooperation with the Administrator of the Federal Aviation 
Administration, utilize the research and development facilities of the 
Federal Aviation Administration. 
(b) TITLE.—Title to property or an interest in property acquired under 
this section shall be held by the Government of the United States. 
(c) CHARGE FOR LEASE OF REAL AND PERSONAL PROPERTY.—Notwith-
standing section 3302 of title 31, the Administrator may impose a reason-
able charge for the lease of real and personal property to Transportation 
Security Administration employees and for use by Transportation Security 
Administration employees and may credit amounts received to the appro-
priation or fund initially charged for operating and maintaining the prop-
erty. The amounts are available, without fiscal year limitation, for expendi-
ture for property management, operation, protection, construction, repair, 
alteration, and related activities. 
§ 11306. Transfers of funds 
The Administrator may accept transfers of unobligated balances and un-
expended balances of funds appropriated to other Federal agencies (as the 
term ‘‘agency’’ is defined in section 551(1) of title 5) to carry out functions 
transferred, on or after November 19, 2001, by law to the Administrator. 
§ 11307. Regulations 
(a) IN GENERAL.—The Administrator may issue, rescind, and revise reg-
ulations as necessary to carry out the functions of the Transportation Secu-
rity Administration. 
(b) EMERGENCY PROCEDURES.— 
(1) IN GENERAL.—Notwithstanding any other provision of law or ex-
ecutive order (including an executive order requiring a cost-benefit 
analysis), if the Administrator determines that a regulation or security 
directive must be issued immediately in order to protect transportation 
security, the Administrator shall issue the regulation or security direc-
tive without providing notice or an opportunity for comment and with-
out prior approval of the Secretary. 
(2) REVIEW BY TRANSPORTATION SECURITY OVERSIGHT BOARD.—A 
regulation or security directive issued under this subsection shall be 
subject to review by the Transportation Security Oversight Board es-
tablished under section 10320 of this title. A regulation or security di-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00325
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
326 
rective issued under this subsection shall remain effective for a period 
not to exceed 90 days unless ratified or disapproved by the Board or 
rescinded by the Secretary. 
(c) FACTORS TO CONSIDER.—In determining whether to issue, rescind, 
or revise a regulation under this chapter, the 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 Administrator may waive requirements for an analysis that es-
timates the number of lives that will be saved by the regulation and the 
monetary value of lives if the Administrator determines that it is not fea-
sible to make an estimate. 
(d) AIRWORTHINESS OBJECTIONS BY FEDERAL AVIATION ADMINISTRA-
TION.— 
(1) IN GENERAL.—The Administrator shall not take an aviation se-
curity action under this title if the Administrator of the Federal Avia-
tion Administration notifies the Administrator that the action could ad-
versely affect the airworthiness of an aircraft. 
(2) REVIEW BY ADMINISTRATOR.—Notwithstanding paragraph (1), 
the Administrator may take an aviation security action, after receiving 
a notification concerning the action from the Administrator of the Fed-
eral Aviation Administration under paragraph (1), if the Secretary sub-
sequently approves the action. 
§ 11308. Personnel and services 
(a) AUTHORITY OF ADMINISTRATOR.—In carrying out the functions of 
the Transportation Security Administration, the Administrator has the same 
authority as is provided to the Administrator of the Federal Aviation Ad-
ministration under subsections (l) and (m) of section 106 of title 49. 
(b) 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 Secretary as the head has to provide services, supplies, 
equipment, personnel, and facilities to the Administrator of the Federal 
Aviation Administration under section 106(m) of title 49. 
§ 11309. Personnel management system 
(a) IN GENERAL.—The personnel management system established by the 
Administrator of the Federal Aviation Administration under section 40122 
of title 49 applies to employees of the Transportation Security Administra-
tion 
(b) MODIFICATIONS.—Subject to the requirements of section 40122 of 
title 49, the Administrator may make modifications to the personnel man-
agement system with respect to such employees as the Administrator con-
siders appropriate. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00326
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
327 
§ 11310. Authority of Inspector General 
The Transportation Security Administration is subject to the Inspector 
General Act of 1978 (5 U.S.C. App.) and other laws relating to the author-
ity of the Inspector General of the Department. 
§ 11311. Law enforcement powers 
(a) IN GENERAL.—The Administrator may designate an employee of the 
Transportation Security Administration or other Federal agency to serve as 
a law enforcement officer. 
(b) POWERS.—While engaged in official duties of the Transportation Se-
curity Administration as required to fulfill the responsibilities under this 
section, a law enforcement officer designated under paragraph (1) may— 
(1) carry a firearm; 
(2) make an arrest without a warrant for any offense against the 
United States committed in the presence of the officer, or for any fel-
ony 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 
(3) 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. 
(c) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority provided 
by this section shall be exercised in accordance with guidelines prescribed 
by the Administrator, in consultation with the Attorney General, and shall 
include adherence to the Attorney General’s policy on use of deadly force. 
(d) REVOCATION OR SUSPENSION OF AUTHORITY.—The powers author-
ized by this section may be rescinded or suspended should the Attorney 
General determine that the Administrator has not complied with the guide-
lines prescribed in paragraph (3) and conveys the determination in writing 
to the Secretary and the Administrator. 
§ 11312. Authority to exempt 
The Administrator may grant an exemption from a regulation prescribed 
in carrying out this chapter if the Administrator determines that the exemp-
tion is in the public interest. 
§ 11313. Nondisclosure of security activities 
(a) IN GENERAL.—Notwithstanding section 552 of title 5, the Adminis-
trator shall prescribe regulations prohibiting the disclosure of information 
obtained or developed in carrying out security under authority of chapter 
409 of this title or the Aviation and Transportation Security Act (Public 
Law 107–71, 115 Stat. 597) if the Administrator decides that disclosing the 
information would— 
(1) be an unwarranted invasion of personal privacy; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00327
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
328 
(2) reveal a trade secret or privileged or confidential commercial or 
financial information; or 
(3) be detrimental to the security of transportation. 
(b) AVAILABILITY OF INFORMATION TO CONGRESS.—Subsection (a) does 
not authorize information to be withheld from a committee of Congress au-
thorized to have the information. 
(c) LIMITATION ON TRANSFERABILITY OF DUTIES.—Except as otherwise 
provided by law, the Administrator may not transfer a duty or power under 
this section to another department, agency, or instrumentality of the United 
States. 
(d) LIMITATIONS.—Nothing in this section, 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 Fed-
eral Regulations)— 
(1) to conceal a violation of law, inefficiency, or administrative error; 
(2) to prevent embarrassment to a person, organization, or agency; 
(3) to restrain competition; or 
(4) to prevent or delay the release of information that does not re-
quire protection in the interest of transportation security, including 
basic scientific research information not clearly related to transpor-
tation security. 
§ 11314. Transportation security strategic planning 
(a) IN GENERAL.—The Secretary shall develop, prepare, implement, and 
update, as needed— 
(1) a National Strategy for Transportation Security; and 
(2) transportation modal security plans addressing security risks, in-
cluding threats, vulnerabilities, and consequences, for aviation, railroad, 
ferry, highway, maritime, pipeline, public transportation, over-the-road 
bus, and other transportation infrastructure assets. 
(b) ROLE OF SECRETARY OF TRANSPORTATION.—The Secretary shall 
work jointly with the Secretary of Transportation in developing, revising, 
and updating the documents required by paragraph (1). 
(c) CONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION SECU-
RITY.—The National Strategy for Transportation Security shall include the 
following: 
(1) An identification and evaluation of the transportation assets in 
the United States that, in the interests of national security and com-
merce, 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, 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00328
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS