ATSA (f), (r)

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the performance of the function immediately before the
effective date of the transfer of the function under this
Act or the amendments made by this Act.
‘‘(g) REFERENCES.—Any reference to the Office in any
Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining
to the Office or an officer or employee of the Office is
deemed to refer to the Administration or a member or
employee of the Administration, as appropriate.’’

§ 114. Transportation Security Administration
(a) IN GENERAL.—The Transportation Security
Administration shall be an administration of
the Department of Transportation.
(b) UNDER SECRETARY.—
(1) APPOINTMENT.—The head of the Administration shall be the Under Secretary of Transportation for Security. The Under Secretary
shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) QUALIFICATIONS.—The Under Secretary
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 Under Secretary shall be
5 years.
(c) LIMITATION ON OWNERSHIP OF STOCKS AND
BONDS.—The Under Secretary 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 Under Secretary 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 Under Secretary shall—
(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 Secretary of Transportation 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 Under Secretary
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;

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(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
Federal Security Managers 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 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 Under Secretary considers appropriate, to the extent authorized by law.
(g) NATIONAL EMERGENCY RESPONSIBILITIES.—
(1) IN GENERAL.—Subject to the direction and
control of the Secretary, the Under Secretary,
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
the Secretary shall prescribe.
(2) AUTHORITY OF OTHER DEPARTMENTS AND
AGENCIES.—The authority of the Under Sec-

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(B) REVIEW BY SECRETARY.—Notwithstanding subparagraph (A), the Under Secretary
may take such an action, after receiving a
notification concerning the action from the
Administrator under subparagraph (A), if
the Secretary of Transportation subsequently approves the action.
(m) PERSONNEL AND SERVICES; COOPERATION BY
UNDER SECRETARY.—
(1) AUTHORITY OF UNDER SECRETARY.—In carrying out the functions of the Administration,
the Under Secretary 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 Under
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).
(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 Under Secretary may make
such modifications to the personnel management system with respect to such employees as
the Under Secretary considers appropriate, such
as adopting aspects of other personnel systems
of the Department of Transportation.
(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 Department of Transportation.
(p) LAW ENFORCEMENT POWERS.—
(1) IN GENERAL.—The Under Secretary 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 Under Secretary, in
consultation with the Attorney General of the
United States, and shall include adherence to

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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 Under Secretary has not complied with the guidelines
prescribed in paragraph (3) and conveys the determination in writing to the Secretary of
Transportation and the Under Secretary.
(q) AUTHORITY TO EXEMPT.—The Under Secretary may grant an exemption from a regulation prescribed in carrying out this section if
the Under Secretary determines that the exemption is in the public interest.
(r) 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 Security Act (Public Law
107–71) or under chapter 449 of this title if the
Under Secretary decides that disclosing the
information would—
(A) be an unwarranted invasion of personal
privacy;
(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 Under Secretary 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,