337 
in the Federal Register, and may modify the fee from time to time by notice 
in the Federal Register. Fees shall not exceed the aggregate costs associated 
with the program, shall be credited to the Transportation Security Adminis-
tration registered traveler fee account, and are available until expended. 
§ 11318. Enhanced security measures 
(a) IN GENERAL.—The Administrator may take the following actions: 
(1) Require effective 911 emergency call capability for telephones 
serving passenger aircraft and passenger trains. 
(2) Establish a uniform system of identification for all State and 
local law enforcement personnel for use in obtaining permission to 
carry weapons in aircraft cabins and in obtaining access to a secured 
area of an airport, if otherwise authorized to carry the weapons. 
(3) Establish requirements to implement trusted passenger programs 
and use available technologies to expedite the security screening of pas-
sengers who participate in the programs, thereby allowing security 
screening personnel to focus on those passengers who should be subject 
to more extensive screening. 
(4) In consultation with the Commissioner of the Food and Drug 
Administration, develop alternative security procedures under which a 
medical product to be transported on a flight of an air carrier would 
not be subject to an inspection that would irreversibly damage the 
product. 
(5) Provide for the use of technologies, including wireless and wire 
line data technologies, to enable the private and secure communication 
of threats to aid in the screening of passengers and other individuals 
on airport property who are identified on any State or Federal security- 
related data base for the purpose of having an integrated response co-
ordination of various authorized airport security forces. 
(6) In consultation with the Administrator of the Federal Aviation 
Administration, consider whether to require all pilot licenses to incor-
porate a photograph of the license holder and appropriate biometric im-
prints. 
(7) Provide for the use of voice stress analysis, biometric, or other 
technologies to prevent a person who might pose a danger to air safety 
or security from boarding the aircraft of an air carrier or foreign air 
carrier in air transportation or intrastate air transportation. 
(8) Provide for the use of technology that will permit enhanced in-
stant communications and information between airborne passenger air-
craft and appropriate individuals or facilities on the ground. 
(9) Require that air carriers provide flight attendants with a dis-
creet, hands-free, wireless method of communicating with the pilots. 
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(b) ANNUAL REPORT.—Until the Administrator has implemented or de-
cided not to take each of the actions specified in subsection (a), the Admin-
istrator shall transmit to Congress by May 19 each year a report on the 
progress of the Administrator in evaluating and taking the actions, includ-
ing legislative recommendations that the Secretary may have for enhancing 
transportation security. 
§ 11319. Performance management system 
(a) ESTABLISHING A FAIR AND EQUITABLE SYSTEM FOR MEASURING 
STAFF PERFORMANCE.—The Administrator shall establish a performance 
management system that strengthens the organization’s effectiveness by 
providing for the establishment of goals and objectives for managers, em-
ployees, and organizational performance consistent with the performance 
plan. 
(b) ESTABLISHING MANAGEMENT ACCOUNTABILITY FOR MEETING PER-
FORMANCE GOALS.— 
(1) ADMINISTRATOR.—Each year, the Secretary and the Adminis-
trator shall enter into an annual performance agreement that shall set 
forth organizational and individual performance goals for the Adminis-
trator. 
(2) SENIOR MANAGERS.—Each year, the Administrator and each 
senior manager who reports to the Administrator shall enter into an 
annual performance agreement that sets forth organization and indi-
vidual goals for those managers. All other employees hired under the 
authority of the Transportation Security Administration 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 con-
tracts are used to implement the Aviation and Transportation Security Act 
(Public Law 107–71, 115 Stat. 597), the Administrator 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. 
§ 11320. Voluntary provision of emergency services 
(a) PROGRAM FOR PROVISION OF VOLUNTARY SERVICES.— 
(1) PROGRAM.—The Administrator shall carry out a program to per-
mit qualified law enforcement officers, firefighters, and emergency med-
ical technicians to provide emergency services on commercial air flights 
during emergencies. 
(2) REQUIREMENTS.—The Administrator shall establish require-
ments for qualifications of providers of voluntary services under the 
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program under paragraph (1), including training requirements, that 
the Administrator considers appropriate. 
(3) CONFIDENTIALITY OF REGISTRY.—If as part of the program 
under paragraph (1), the Administrator requires or permits registra-
tion of law enforcement officers, firefighters, or emergency medical 
technicians who are willing to provide emergency services on commer-
cial flights during emergencies, the Administrator shall take appro-
priate actions to ensure that the registry is available only to appro-
priate airline personnel and otherwise remains confidential. 
(4) CONSULTATION.—The Administrator shall consult with appro-
priate representatives of the commercial airline industry, and organiza-
tions 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 is not liable for dam-
ages in an action brought in a Federal or State court that arises from an 
act or omission of the individual in providing or attempting to provide as-
sistance in the case of an in-flight emergency in an aircraft of an air carrier 
if the individual meets qualifications as the Administrator prescribes for 
purposes of this section. 
(c) EXCEPTION.—The exemption under subsection (b) shall not apply in 
a case in which an individual provides, or attempts to provide, assistance 
described in subsection (b) in a manner that constitutes gross negligence 
or willful misconduct. 
§ 11321. Disposition of unclaimed money and clothing 
(a) IN GENERAL.— 
(1) DISPOSITION OF UNCLAIMED MONEY.—Notwithstanding section 
3302 of title 31, unclaimed money recovered at an airport security 
checkpoint— 
(A) shall be retained by the Transportation Security Adminis-
tration; and 
(B) shall remain available until expended for the purpose of pro-
viding civil aviation security as required in this chapter. 
(2) DISPOSITION OF UNCLAIMED CLOTHING.— 
(A) IN GENERAL.—In disposing of unclaimed clothing recovered 
at any airport security checkpoint, the Administrator shall make 
every reasonable effort, in consultation with the Secretary of Vet-
erans 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. 
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(B) AGREEMENTS.—In implementing paragraph (1), the Ad-
ministrator may enter into agreements with airport authorities. 
(C) OTHER
CHARITABLE
ARRANGEMENTS.—Nothing in this 
subsection prevents an airport or the Transportation Security Ad-
ministration from donating unclaimed clothing to a charitable or-
ganization of their choosing. 
(D) LIMITATION.—Nothing in this subsection creates a cost to 
the Government. 
(b) ANNUAL REPORT.—The Administrator shall transmit annually to the 
Committee on Transportation and Infrastructure of the House of Rep-
resentatives; the Committee on Appropriations of the House of Representa-
tives; the Committee on Commerce, Science and Transportation of the Sen-
ate; and the Committee on Appropriations of the Senate, a report that con-
tains a detailed description of the amount of unclaimed money recovered in 
total and at each individual airport, and specifies how the unclaimed money 
is being used to provide civil aviation security. 
Subchapter II—Acquisition Improvements 
§ 11331. Definitions 
In this subchapter: 
(1) PLAN.—The term ‘‘Plan’’ means the strategic 5-year technology 
investment plan the Administrator develops under section 11332 of this 
title. 
(2) SECURITY-RELATED TECHNOLOGY.—The term ‘‘security-related 
technology’’ means any technology that assists the Transportation Se-
curity Administration in the prevention of, or defense against, threats 
to United States transportation systems, including threats to people, 
property, and information. 
§ 11332. Technology investment plan 
(a) IN GENERAL.—The Administrator— 
(1) shall develop and submit to Congress a strategic 5-year tech-
nology investment plan that may include a classified addendum to re-
port sensitive transportation security risks, technology vulnerabilities, 
or other sensitive security information; and 
(2) to the extent possible, shall publish the Plan in an unclassified 
format in the public domain after it is approved by the Secretary. 
(b) CONSULTATION.—The Administrator shall develop the Plan in con-
sultation with— 
(1) the Under Secretary for Management; 
(2) the Under Secretary for Science and Technology; 
(3) the Chief Information Officer; and 
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