take any project for which congressional approval is 
required under section 3307 of title 40.’’. 
(d) ACQUISITION MANAGEMENT SYSTEMS.—
(1) TSA SYSTEM.—Section 114(o) is amend-
ed—
(A) by striking ‘‘equipment, supplies, and 
materials’’ each place it appears and inserting 
‘‘supplies, services, and property’’; and 
(B) by adding at the end the following: 
‘‘Any appeal of a decision made under the ac-
quisition system developed under this sub-
section shall be conducted in accordance with 
section 46110.’’. 
(2) FAA SYSTEM.—Section 40110(d) is amend-
ed—
(A) by redesignating paragraph (4) as 
paragraph (5); and 
(B) by inserting after paragraph (3) the 
following: 
‘‘(4) APPEALS.—Any appeal of a decision made 
under the acquisition system developed under this 
subsection shall be conducted in accordance with 
section 46110.’’.
(e) NONDISCLOSURE
OF SECURITY ACTIVITIES.—
Section 114 is amended by adding at the end the fol-
lowing: 
‘‘(s) NONDISCLOSURE OF SECURITY ACTIVITIES.—
‘‘(1) IN
GENERAL.—Notwithstanding section 
552 of title 5, the Under Secretary shall prescribe 
regulations prohibiting the disclosure of information 
obtained or developed in carrying out security under 
authority of the Aviation and Transportation Secu-
rity Act (Public Law 107–71) or under chapter 449 
of this title if the Under Secretary decides that dis-
closing the information would—
‘‘(A) be an unwarranted invasion of per-
sonal privacy; 
‘‘(B) reveal a trade secret or privileged or 
confidential commercial or financial informa-
tion; or 
‘‘(C) be detrimental to the security of 
transportation. 
‘‘(2) AVAILABILITY OF INFORMATION TO CON-
GRESS.—Paragraph (1) does not authorize informa-
tion to be withheld from a committee of Congress 
authorized to have the information. 
‘‘(3) LIMITATION ON TRANSFERABILITY OF DU-
TIES.—Except as otherwise provided by law, the
Under Secretary may not transfer a duty or power 
under this subsection to another department, agen-
cy, or instrumentality of the United States.’’. 
(f) TRANSPORTATION OVERSIGHT BOARD.—Section 
115(c) is amended by inserting ‘‘and’’ after the semicolon 
at the end of paragraph (5). 
SEC. 302. AMENDMENT TO CHAPTER 3. 
The second sentence of section 326(a) is amended by 
striking ‘‘aviation duties and powers’’ and inserting ‘‘the 
duties and powers of the Department’’. 
SEC. 303. AMENDMENTS TO CHAPTER 401. 
(a) AUTHORITY TO EXEMPT.—Section 40109(b) is 
amended to read as follows: 
‘‘(b) SAFETY REGULATIONS.—The Administrator of 
the Federal Aviation Administration may grant an exemp-
tion from a regulation prescribed by the Administrator in 
carrying out sections 40103(b)(1), 40103(b)(2), and 
40119 if the Administrator decides the exemption is in 
the public interest.’’. 
(b) SECURITY AND RESEARCH DEVELOPMENT AC-
TIVITIES.—Section 40119 is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and the Administrator of 
the Federal Aviation Administration each’’ after 
‘‘for Security’’; and
(B) by striking ‘‘criminal violence and air-
craft piracy’’ and inserting ‘‘criminal violence, 
aircraft piracy, and terrorism and to ensure se-
curity’’; and 
(2) in subsection (b)(1)—
(A) by striking ‘‘, the Under Secretary’’ 
and inserting ‘‘and the establishment of a De-
partment of Homeland Security, the Secretary 
of Transportation’’; 
(B) by striking ‘‘carrying out’’ and all that 
follows through ‘‘if the Under Secretary’’ and 
inserting ‘‘ensuring security under this title if 
the Secretary of Transportation’’; and 
(C) in subparagraph (C) by striking ‘‘the 
safety of passengers in transportation’’ and in-
serting ‘‘transportation safety’’. 
SEC. 304. AMENDMENTS TO CHAPTER 449. 
(a) CHAPTER ANALYSIS.—The analysis for sub-
chapter II of chapter 449 of title 49, United States Code, 
is amended by inserting after the item relating to section 
44941 the following:
‘‘44942. Performance goals and objectives. 
‘‘44943. Performance management system.’’.
(b) SCREENING PASSENGERS AND PROPERTY.—Sec-
tion 44901 is amended—
(1) in subsection (d)—
(A) by striking ‘‘(d) EXPLOSIVE DETEC-
TION SYSTEMS.—’’ and all the follows through 
‘‘ensure that—’’ and inserting ‘‘(d) EXPLOSIVE 
DETECTION SYSTEMS.—The Under Secretary 
of Transportation for Security shall take all 
necessary action to ensure that—’’; and 
(B) by redesignating subparagraphs (A), 
(B), and (C) as paragraphs (1), (2), and (3), 
respectively, and aligning such paragraphs with 
paragraphs (1) through (4) of subsection (e); 
(2) in subsection (e) by striking ‘‘(b)(1)(A)’’ 
and inserting ‘‘(d)(1)’’; 
(3) by adding at the end of subsection (g)(1) 
the following: ‘‘The Under Secretary may allow law 
enforcement personnel to be stationed other than at 
the airport security screening location if that would 
be preferable for law enforcement purposes and if 
such personnel would still be able to provide prompt 
responsiveness to problems occurring at the screen-
ing location.’’; and 
(4) in subsection (g)(2) by striking ‘‘Except at 
airports required to enter into agreements under 
subsection (c), the Under Secretary’’ and inserting 
‘‘The Under Secretary’’.