Source
(Added Pub. L. 107–71, title I, § 101(a), Nov. 19, 2001, 115 Stat. 597; amended Pub. L. 107–296, title XVI, § 1601(b), title XVII, § 1707, Nov. 25, 2002, 116 Stat. 2312, 2318; Pub. L. 108–7, div. I, title III, § 351(d), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–458, title IV, § 4001(a), Dec. 17, 2004, 118 Stat. 3710.)
References in Text
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (k), is the date of enactment of
Pub. L. 107–71, which was approved Nov. 19, 2001.
The Inspector General Act of 1978, referred to in subsec. (p), is
Pub. L. 95–452, Oct. 12, 1978,
92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
The Aviation and Transportation Security Act, referred to in subsec. (s)(1), is
Pub. L. 107–71, Nov. 19, 2001,
115 Stat. 597, as amended. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section
40101 of this title and Tables.
Amendments
2004—Subsec. (t).
Pub. L. 108–458 added subsec. (t).
2003—Subsec. (q)(1).
Pub. L. 108–7 inserted “or other Federal agency” after “Transportation Security Administration”.
2002—Subsec. (l)(2)(B).
Pub. L. 107–296, § 1707, inserted “for a period not to exceed 90 days” after “effective” and “ratified or” before “disapproved”.
Subsec. (s).
Pub. L. 107–296, § 1601(b), added subsec. (s).
Effective Date of 2004 Amendment
Pub. L. 108–458, title IV, § 4082, Dec. 17, 2004,
118 Stat. 3732, provided that: “This title [enacting section
44925 of this title, amending this section, sections
44903,
44904,
44909,
44917,
44923,
46301 to
46303, and
48301 of this title, and sections
70102 and
70103 of Title
46, Shipping, and enacting provisions set out as notes under sections
44703,
44901,
44913,
44917,
44923,
44925, and
44935 of this title, section
2751 of Title
22, Foreign Relations and Intercourse, and section
70101 of Title
46] shall take effect on the date of enactment of this Act [Dec. 17, 2004].”
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of
Pub. L. 107–296, set out as an Effective Date note under section
101 of Title
6, Domestic Security.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections
203
(2),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
Lease of Property to Transportation Security Administration Employees
Pub. L. 109–90, title V, § 514, Oct. 18, 2005,
119 Stat. 2084, provided that: “Notwithstanding section
3302 of title
31, United States Code, for fiscal year 2006 and thereafter, the Administrator of the Transportation Security Administration may impose a reasonable 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 appropriation or fund initially charged for operating and maintaining the property, which amounts shall be available, without fiscal year limitation, for expenditure for property management, operation, protection, construction, repair, alteration, and related activities.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–334, title V, § 516, Oct. 18, 2004,
118 Stat. 1318.
Acquisition Management System of the Transportation Security Administration
Pub. L. 109–90, title V, § 515, Oct. 18, 2005,
119 Stat. 2084, provided that: “For fiscal year 2006 and thereafter, the acquisition management system of the Transportation Security Administration shall apply to the acquisition of services, as well as equipment, supplies, and materials.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–334, title V, § 517, Oct. 18, 2004,
118 Stat. 1318.
Registered Traveler Program Fee
Pub. L. 109–90, title V, § 540, Oct. 18, 2005,
119 Stat. 2088, provided that: “For fiscal year 2006 and thereafter, notwithstanding section
553 of title
5, United States Code, the Secretary of Homeland Security shall impose a fee for any registered traveler program undertaken by the Department of Homeland Security by notice in the Federal Register, and may modify the fee from time to time by notice in the Federal Register: Provided, That such fees shall not exceed the aggregate costs associated with the program and shall be credited to the Transportation Security Administration registered traveler fee account, to be available until expended.”
Enhanced Security Measures
Pub. L. 107–71, title I, § 109, Nov. 19, 2001,
115 Stat. 613, as amended by
Pub. L. 107–296, title XIV, § 1403(b), Nov. 25, 2002,
116 Stat. 2306, provided that:
“(a) In General.—The Under Secretary of Transportation for Security 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 such weapons.
“(3) Establish requirements to implement trusted passenger programs and use available technologies to expedite the security screening of passengers who participate in such 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 coordination 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 incorporate a photograph of the license holder and appropriate biometric imprints.
“(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 instant communications and information between airborne passenger aircraft and appropriate individuals or facilities on the ground.
“(9) Require that air carriers provide flight attendants with a discreet, hands-free, wireless method of communicating with the pilots.
“(b) Report.—Not later than 6 months after the date of enactment of this Act [Nov. 19, 2001], and annually thereafter until the Under Secretary has implemented or decided not to take each of the actions specified in subsection (a), the Under Secretary shall transmit to Congress a report on the progress of the Under Secretary in evaluating and taking such actions, including any legislative recommendations that the Under Secretary may have for enhancing transportation security.”
[For definitions of terms used in section 109 of
Pub. L. 107–71, set out above, see section 133 of
Pub. L. 107–71, set out as a note under section
40102 of this title.]