Collapse to view only § 114. Transportation Security Administration

§ 101.
Purpose
(a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.
(b)
A Department of Transportation is necessary in the public interest and to—
(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;
(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;
(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives;
(4) stimulate technological advances in transportation, through research and development or otherwise;
(5) provide general leadership in identifying and solving transportation problems; and
(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 102–240, title VI, § 6018, Dec. 18, 1991, 105 Stat. 2183.)
§ 102.
Department of Transportation
(a) The Department of Transportation is an executive department of the United States Government at the seat of Government.
(b) The head of the Department is the Secretary of Transportation. The Secretary is appointed by the President, by and with the advice and consent of the Senate.
(c)
The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary—
(1) shall carry out duties and powers prescribed by the Secretary; and
(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.
(d) The Department has an Under Secretary of Transportation for Policy appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall provide leadership in the development of policy for the Department, supervise the policy activities of Assistant Secretaries with primary responsibility for aviation, international, and other transportation policy development and carry out other powers and duties prescribed by the Secretary. The Under Secretary acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant.
(e)
Assistant Secretaries; General Counsel.—
(1)
The Department has 6 Assistant Secretaries and a General Counsel, including—
(A) an Assistant Secretary for Aviation and International Affairs, an Assistant Secretary for Governmental Affairs, an Assistant Secretary for Research and Technology, and an Assistant Secretary for Transportation Policy, who shall each be appointed by the President, with the advice and consent of the Senate;
(B) an Assistant Secretary for Budget and Programs who shall be appointed by the President;
(C) an Assistant Secretary for Administration, who shall be appointed by the Secretary, with the approval of the President; and
(D) a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate.
(2)
Duties and powers.—
The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are absent or unable to serve, or when the offices of the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are vacant.
(f)
Deputy Assistant Secretary for Tribal Government Affairs.—
(1)
Establishment.—
In accordance with Federal policies promoting Indian self determination, the Department of Transportation shall have, within the office of the Secretary, a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President to plan, coordinate, and implement the Department of Transportation policy and programs serving Indian tribes and tribal organizations and to coordinate tribal transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking relating to, or having an impact on, projects, programs, or funding associated with the tribal transportation program.
(2)
Reservation of trust obligations.—
(A)
Responsibility of secretary.—
In carrying out this title, the Secretary shall be responsible to exercise the trust obligations of the United States to Indians and Indian tribes to ensure that the rights of a tribe or individual Indian are protected.
(B)
Preservation of united states responsibility.—
Nothing in this title shall absolve the United States from any responsibility to Indians and Indian tribes, including responsibilities derived from the trust relationship and any treaty, executive order, or agreement between the United States and an Indian tribe.
(g)
Office of Climate Change and Environment.—
(1)
Establishment.—
There is established in the Department an Office of Climate Change and Environment to plan, coordinate, and implement—
(A) department-wide research, strategies, and actions under the Department’s statutory authority to reduce transportation-related energy use and mitigate the effects of climate change; and
(B) department-wide research strategies and actions to address the impacts of climate change on transportation systems and infrastructure.
(2)
Clearinghouse.—
The Office shall establish a clearinghouse of solutions, including cost-effective congestion reduction approaches, to reduce air pollution and transportation-related energy use and mitigate the effects of climate change.
(h) The Department shall have a seal that shall be judicially recognized.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–557, § 26(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 103–272, § 4(j)(1), July 5, 1994, 108 Stat. 1365; Pub. L. 107–295, title II, § 215(a), (c), Nov. 25, 2002, 116 Stat. 2101, 2102; Pub. L. 109–59, title I, § 1119(l), Aug. 10, 2005, 119 Stat. 1189; Pub. L. 110–140, title XI, § 1101(a), Dec. 19, 2007, 121 Stat. 1756; Pub. L. 112–166, § 2(k)(1), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 114–94, div. A, title VI, § 6011(a), Dec. 4, 2015, 129 Stat. 1568.)
§ 103.
Federal Railroad Administration
(a)
In General.—
The Federal Railroad Administration is an administration in the Department of Transportation.
(b)
Safety.—
To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.
(c)
Safety as Highest Priority.—
In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in railroad transportation.
(d)
Administrator.—
The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in railroad safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.
(e)
Deputy Administrator.—
The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(f)
Chief Safety Officer.—
The Administration shall have an Associate Administrator for Railroad Safety appointed in the career service by the Secretary. The Associate Administrator shall be the Chief Safety Officer of the Administration. The Associate Administrator shall carry out the duties and powers prescribed by the Administrator.
(g)
Duties and Powers of the Administrator.—
The Administrator shall carry out—
(1) duties and powers related to railroad safety vested in the Secretary by section 20134(c) and chapters 203 through 211 of this title, and by chapter 213 of this title for carrying out chapters 203 through 211;
(2) the duties and powers related to railroad policy and development under subsection (j); and
(3) other duties and powers prescribed by the Secretary.
(h)
Limitation.—
A duty or power specified in subsection (g)(1) may be transferred to another part of the Department of Transportation or another Federal Government entity only when specifically provided by law. A decision of the Administrator in carrying out the duties or powers of the Administration and involving notice and hearing required by law is administratively final.
(i)
Authorities.—
Subject to the provisions of subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions at the Administration. The authority of the Secretary granted by this subsection shall be carried out by the Administrator. Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, except as provided for in appropriations Acts.
(j)
Additional Duties of the Administrator.—
The Administrator shall—
(1) provide assistance to States in developing State rail plans prepared under chapter 227 and review all State rail plans submitted under that section; 1
1 So in original. Probably should be “chapter;”.
(2) develop a long-range national rail plan that is consistent with approved State rail plans and the rail needs of the Nation, as determined by the Secretary in order to promote an integrated, cohesive, efficient, and optimized national rail system for the movement of goods and people;
(3) develop a preliminary national rail plan within a year after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008;
(4) develop and enhance partnerships with the freight and passenger railroad industry, States, and the public concerning rail development;
(5) support rail intermodal development and high-speed rail development, including high speed rail planning;
(6) ensure that programs and initiatives developed under this section benefit the public and work toward achieving regional and national transportation goals; and
(7) facilitate and coordinate efforts to assist freight and passenger rail carriers, transit agencies and authorities, municipalities, and States in passenger-freight service integration on shared rights of way by providing neutral assistance at the joint request of affected rail service providers and infrastructure owners relating to operations and capacity analysis, capital requirements, operating costs, and other research and planning related to corridors shared by passenger or commuter rail service and freight rail operations.
(k)
Performance Goals and Reports.—
(1)
Performance goals.—
In conjunction with the objectives established and activities undertaken under subsection (j) of this section, the Administrator shall develop a schedule for achieving specific, measurable performance goals.
(2)
Resource needs.—
The strategy and annual plans shall include estimates of the funds and staff resources needed to accomplish each goal and the additional duties required under subsection (j).
(3)
Submission with president’s budget.—
Beginning with fiscal year 2010 and each fiscal year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, at the same time as the President’s budget submission, the Administration’s performance goals and schedule developed under paragraph (1), including an assessment of the progress of the Administration toward achieving its performance goals.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(1), July 5, 1994, 108 Stat. 1375; Pub. L. 103–440, title II, § 216, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107–217, § 3(n)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 110–432, div. A, title I, § 101, div. B, title III, § 307, Oct. 16, 2008, 122 Stat. 4851, 4953; Pub. L. 111–350, § 5(o)(1), Jan. 4, 2011, 124 Stat. 3853.)
§ 104.
Federal Highway Administration
(a) The Federal Highway Administration is an administration in the Department of Transportation.
(b)
(1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator.
(c)
The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §§ 4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104–324, title I, § 101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106–159, title I, § 101(c)(2), Dec. 9, 1999, 113 Stat. 1751.)
§ 105.
National Highway Traffic Safety Administration
(a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Administrator who is appointed by the Secretary of Transportation, with the approval of the President.
(c)
The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23, except those related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) The Secretary may carry out chapter 301 of this title through the Administrator.
(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, § 5(m)(3), July 5, 1994, 108 Stat. 1375.)
§ 106.
Federal Aviation Administration
(a) The Federal Aviation Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. The term of office for any individual appointed as Administrator after August 23, 1994, shall be 5 years.
(c)
The Administrator must—
(1) be a citizen of the United States;
(2) be a civilian; and
(3) have experience in a field directly related to aviation.
(d)
(1) The Administration has a Deputy Administrator, who shall be appointed by the President. In making an appointment, the President shall consider the fitness of the appointee to efficiently carry out the duties and powers of the office. The Deputy Administrator shall be a citizen of the United States and have experience in a field directly related to aviation. An officer on active duty in an armed force may be appointed as Deputy Administrator. However, if the Administrator is a former regular officer of an armed force, the Deputy Administrator may not be an officer on active duty in an armed force, a retired regular officer of an armed force, or a former regular officer of an armed force.
(2) The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator of the Federal Aviation Administration.
(3) An officer on active duty or a retired officer serving as Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as Deputy Administrator. The Deputy Administrator may elect to receive (A) the pay provided by law for the Deputy Administrator, or (B) the pay and allowances or the retired pay of the military grade held. If the Deputy Administrator elects to receive the military pay and allowances or retired pay, the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.
(4) The appointment and service of a member of the armed forces as a Deputy Administrator does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from the status, office, rank, or grade. The Secretary of a military department does not control the member when the member is carrying out duties and powers of the Deputy Administrator.
(e) The Administrator and the Deputy Administrator may not have a pecuniary interest in, or own stock in or bonds of, an aeronautical enterprise, or engage in another business, vocation, or employment.
(f)
Authority of the Secretary and the Administrator.—
(1)
Authority of the secretary.—
Except as provided in paragraph (2), the Secretary of Transportation shall carry out the duties and powers, and controls the personnel and activities, of the Administration. Neither the Secretary nor the Administrator may submit decisions for the approval of, or be bound by the decisions or recommendations of, a committee, board, or organization established by executive order.
(2)
Authority of the administrator.—
The Administrator—
(A)
is the final authority for carrying out all functions, powers, and duties of the Administration relating to—
(i) the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees);
(ii) the acquisition and maintenance of property, services, and equipment of the Administration;
(iii) except as otherwise provided in paragraph (3), the promulgation of regulations, rules, orders, circulars, bulletins, and other official publications of the Administration; and
(iv) any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement Act of 1996 (or any amendment made by that Act);
(B) shall offer advice and counsel to the President with respect to the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;
(C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law; and
(D) except as otherwise provided for in this title, and notwithstanding any other provision of law, shall not be required to coordinate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Department of Transportation on any matter with respect to which the Administrator is the final authority.
(3)
Regulations.—
(A)
In general.—
In the performance of the functions of the Administrator and the Administration, the Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out those functions. The issuance of such regulations shall be governed by the provisions of chapter 5 of title 5. The Administrator shall act upon all petitions for rulemaking no later than 6 months after the date such petitions are filed by dismissing such petitions, by informing the petitioner of an intention to dismiss, or by issuing a notice of proposed rulemaking or advanced notice of proposed rulemaking. The Administrator shall issue a final regulation, or take other final action, not later than 16 months after the last day of the public comment period for the regulations or, in the case of an advanced notice of proposed rulemaking, if issued, not later than 24 months after the date of publication in the Federal Register of notice of the proposed rulemaking. On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.
(B)
Approval of secretary of transportation.—
(i)
The Administrator may not issue a proposed regulation or final regulation that is likely to result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century) in any year, or any regulation which is significant, unless the Secretary of Transportation approves the issuance of the regulation in advance. For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation is likely to—
(I) have an annual effect on the economy of $250,000,000 or more or adversely affect in a substantial and material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; or(II) raise novel or significant legal or policy issues arising out of legal mandates that may substantially and materially affect other transportation modes.
(ii) In an emergency, the Administrator may issue a regulation described in clause (i) without prior approval by the Secretary, but any such emergency regulation is subject to ratification by the Secretary after it is issued and shall be rescinded by the Administrator within 5 days (excluding Saturdays, Sundays, and legal public holidays) after issuance if the Secretary fails to ratify its issuance.
(iii) Any regulation that does not meet the criteria of clause (i), and any regulation or other action that is a routine or frequent action or a procedural action, may be issued by the Administrator without review or approval by the Secretary.
(iv) The Administrator shall submit a copy of any regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve it or return it to the Administrator with comments within 45 days after receiving it.
(C)
Periodic review.—
(i) Beginning on the date which is 3 years after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, the Administrator shall review any unusually burdensome regulation issued by the Administrator after such date of enactment beginning not later than 3 years after the effective date of the regulation to determine if the cost assumptions were accurate, the benefit of the regulations, and the need to continue such regulations in force in their present form.
(ii) The Administrator may identify for review under the criteria set forth in clause (i) unusually burdensome regulations that were issued before the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and that have been in force for more than 3 years.
(iii) For purposes of this subparagraph, the term “unusually burdensome regulation” means any regulation that results in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Air Traffic Management System Performance Act of 1996) in any year.
(iv) The periodic review of regulations may be performed by advisory committees and the Management Advisory Council established under subsection (p).
(4)
Definition of political appointee.—
For purposes of this subsection, the term “political appointee” means any individual who—
(A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule);
(B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or
(C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
(g)
Duties and Powers of Administrator.—
The Administrator shall carry out the following:
(1)
Duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in the following:
(A) Section 308(b).
(B) Subsections (c) and (d) of section 1132.
(C) Sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and 40114(a).
(D) Chapter 445, except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515.
(E) Chapter 447, except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723.
(F) Chapter 451.
(G) Chapter 453.
(H) Section 46104.
(I) Subsections (d) and (h)(2) of section 46301 and sections 46303(c), 46304 through 46308, 46310, 46311, and 46313 through 46316.
(J) Chapter 465.
(K) Sections 47504(b) (related to flight procedures), 47508(a), and 48107.
(2) Additional duties and powers prescribed by the Secretary of Transportation.
(h)Section 40101(d) of this title applies to duties and powers specified in subsection (g)(1) of this section. Any of those duties and powers may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers is administratively final.
(i) The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.
(j) There is established within the Federal Aviation Administration an institute to conduct civil aeromedical research under section 44507 of this title. Such institute shall be known as the “Civil Aeromedical Institute”. Research conducted by the institute should take appropriate advantage of capabilities of other government agencies, universities, or the private sector.
(k)
Authorization of Appropriations for Operations.—
(1)
Salaries, operations, and maintenance.—
There is authorized to be appropriated to the Secretary of Transportation for salaries, operations, and maintenance of the Administration—
(A) $10,247,000,000 for fiscal year 2018;
(B) $10,486,000,000 for fiscal year 2019;
(C) $10,732,000,000 for fiscal year 2020;
(D) $11,000,000,000 for fiscal year 2021;
(E) $11,269,000,000 for fiscal year 2022; and
(F) $11,537,000,000 for fiscal year 2023.
Such sums shall remain available until expended.
(2)
Authorized expenditures.—
Out of amounts appropriated under paragraph (1), the following expenditures are authorized:
(A) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out and expand the Air Traffic Control Collegiate Training Initiative.
(B) Such sums as may be necessary for fiscal years 2012 through 2015 for the completion of the Alaska aviation safety project with respect to the 3 dimensional mapping of Alaska’s main aviation corridors.
(C) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out the Aviation Safety Reporting System and the development and maintenance of helicopter approach procedures.
(D)
Not more than the following amounts for commercial space transportation activities:
(i) $22,587,000 for fiscal year 2018.
(ii) $33,038,000 for fiscal year 2019.
(iii) $43,500,000 for fiscal year 2020.
(iv) $54,970,000 for fiscal year 2021.
(v) $64,449,000 for fiscal year 2022.
(vi) $75,938,000 for fiscal year 2023.
(3)
Administering program within available funding.—
Notwithstanding any other provision of law, in each of fiscal years 2018 through 2023, if the Secretary determines that the funds appropriated under paragraph (1) are insufficient to meet the salary, operations, and maintenance expenses of the Federal Aviation Administration, as authorized by this section, the Secretary shall reduce nonsafety-related activities of the Administration as necessary to reduce such expenses to a level that can be met by the funding available under paragraph (1).
(l)
Personnel and Services.—
(1)
Officers and employees.—
Except as provided in subsections (a) and (g) of section 40122, the Administrator is authorized, in the performance of the functions of the Administrator, to appoint, transfer, and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Administrator and the Administration. In fixing compensation and benefits of officers and employees, the Administrator shall not engage in any type of bargaining, except to the extent provided for in section 40122(a), nor shall the Administrator be bound by any requirement to establish such compensation or benefits at particular levels.
(2)
Experts and consultants.—
The Administrator is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5.
(3)
Transportation and per diem expenses.—
The Administrator is authorized to pay transportation expenses, and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5.
(4)
Use of personnel from other agencies.—
The Administrator is authorized to utilize the services of personnel of any other Federal agency (as such term is defined under section 551(1) of title 5).
(5)
Voluntary services.—
(A)
General rule.—
In exercising the authority to accept gifts and voluntary services under section 326 of this title, and without regard to section 1342 of title 31, the Administrator may not accept voluntary and uncompensated services if such services are used to displace Federal employees employed on a full-time, part-time, or seasonal basis.
(B)
The Administrator is authorized to provide for incidental expenses, including transportation, lodging, and subsistence, for volunteers who provide voluntary services under this subsection.
(C)
Limited treatment as federal employees.—
An individual who provides voluntary services under this subsection shall not be considered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, relating to compensation for work injuries, and chapter 171 of title 28, relating to tort claims.
(6)
Contracts.—
The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration. The Administrator may enter into such contracts, leases, cooperative agreements, and other transactions with any Federal agency (as such term is defined in section 551(1) of title 5) or any instrumentality of the United States, any State, territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate.
(7)
Prohibition on certain performance-based incentives.—
No employee of the Administration shall be given an award, financial incentive, or other compensation, as a result of actions to meet performance goals related to meeting or exceeding schedules, quotas, or deadlines for certificates issued under section 44704.
(m)
Cooperation by Administrator.—
With the consent of appropriate officials, the Administrator may, with or without reimbursement, use or accept the services, equipment, personnel, and facilities of any other Federal agency (as such term is defined in section 551(1) of title 5) and any other public or private entity. The Administrator may also cooperate with appropriate officials of other public and private agencies and instrumentalities concerning the use of services, equipment, personnel, and facilities. The head of each Federal agency shall cooperate with the Administrator in making the services, equipment, personnel, and facilities of the Federal agency available to the Administrator. The head of a Federal agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Administration, with or without reimbursement, supplies, personnel, services, and equipment other than administrative supplies or equipment.
(n)
Acquisition.—
(1)
In general.—
The Administrator is authorized—
(A)
to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain—
(i) air traffic control facilities and equipment;
(ii) research and testing sites and facilities; and
(iii) such other real and personal property (including office space and patents), or any interest therein, within and outside the continental United States as the Administrator considers necessary;
(B) to lease to others such real and personal property; and
(C) to provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administration, and to acquire, operate, and maintain equipment for these facilities.
(2)
Title.—
Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.
(o)
Transfers of Funds.—
The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions transferred by law to the Administrator or functions transferred pursuant to law to the Administrator on or after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996.
(p)
Management Advisory Council and Air Traffic Services Board.—
(1)
Establishment.—
Within 3 months after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, the Administrator shall establish an advisory council which shall be known as the Federal Aviation Management Advisory Council (in this subsection referred to as the “Council”). With respect to Administration management, policy, spending, funding, and regulatory matters affecting the aviation industry, the Council may submit comments, recommended modifications, and dissenting views to the Administrator. The Administrator shall include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting views received from the Council, together with the reasons for any differences between the views of the Council and the views or actions of the Administrator.
(2)
Membership.—
The Council shall consist of 13 members, who shall consist of—
(A) a designee of the Secretary of Transportation;
(B) a designee of the Secretary of Defense;
(C)
10 members representing aviation interests, appointed by—
(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Transportation; and
(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and
(D) 1 member appointed, from among individuals who are the leaders of their respective unions of air traffic control system employees, by the Secretary of Transportation.
(3)
Qualifications.—
No officer or employee of the United States Government may be appointed to the Council under paragraph (2)(C) or to the Air Traffic Services Committee.
(4)
Functions.—
(A)
In general.—
(i) The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the operations of the Administrator. The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administration.
(ii) The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.
(iii) The Council shall review the process through which the Administration determines to use advisory circulars and service bulletins.
(B)
Meetings.—
The Council shall meet on a regular and periodic basis or at the call of the chairman or of the Administrator.
(C)
Access to documents and staff.—
The Administration may give the Council or Air Traffic Services Committee appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the “Freedom of Information Act”), cost data associated with the acquisition and operation of air traffic service systems. Any member of the Council or Air Traffic Services Committee who receives commercial or other proprietary data from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.
(5)
Federal advisory committee act not to apply.—
The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Council, the Air Traffic Services Committee, such aviation rulemaking committees as the Administrator shall designate, or such aerospace rulemaking committees as the Secretary shall designate.
(6)
Administrative matters.—
(A)
Terms of members appointed under paragraph (2)(c).—
Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years. Of the members first appointed by the President under paragraph (2)(C)—
(i) 3 shall be appointed for terms of 1 year;
(ii) 4 shall be appointed for terms of 2 years; and
(iii) 3 shall be appointed for terms of 3 years.
(B)
Term for air traffic control representative.—
The member appointed under paragraph (2)(D) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of paragraph (2)(D).
(C)
Terms for air traffic services committee members.—
The members appointed to the Air Traffic Services Committee shall be appointed for a term of 5 years, except that the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).
(D)
Reappointment.—
An individual may not be appointed to the Committee to more than two 5-year terms.
(E)
Vacancy.—
Any vacancy on the Council or Committee shall be filled in the same manner as the original appointment, except that any vacancy caused by a member appointed by the President under paragraph (2)(C)(i) shall be filled by the Secretary in accordance with paragraph (2)(C)(ii). Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.
(F)
Continuation in office.—
A member of the Council or Committee whose term expires shall continue to serve until the date on which the member’s successor takes office.
(G)
Removal.—
Any member of the Council appointed under paragraph (2)(D) may be removed for cause by the President or Secretary whoever makes the appointment. Any member of the Committee may be removed for cause by the Secretary.
(H)
Claims against members of committee.—
(i)
In general.—
A member appointed to the Committee shall have no personal liability under Federal law with respect to any claim arising out of or resulting from an act or omission by such member within the scope of service as a member of the Committee.
(ii)
Effect on other law.—
This subparagraph shall not be construed—
(I) to affect any other immunity or protection that may be available to a member of the Subcommittee under applicable law with respect to such transactions;(II) to affect any other right or remedy against the United States under applicable law; or(III) to limit or alter in any way the immunities that are available under applicable law for Federal officers and employees.
(I)
Ethical considerations.—
(i)
Financial disclosure.—
During the entire period that an individual is serving as a member of the Committee, such individual shall be treated as serving as an officer or employee referred to in section 101(f) of the Ethics in Government Act of 1978 for purposes of title I of such Act; except that section 101(d) of such Act shall apply without regard to the number of days of service in the position.
(ii)
Restrictions on post-employment.—
For purposes of section 207(c) of title 18, an individual who is a member of the Committee shall be treated as an employee referred to in section 207(c)(2)(A)(i) of such title during the entire period the individual is a member of the Committee; except that subsections (c)(2)(B) and (f) of section 207 of such title shall not apply.
(J)
Chairman; vice chairman.—
The Council shall elect a chair and a vice chair from among the members appointed under paragraph (2)(C), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chairman in the absence of the chairman.
(K)
Travel and per diem.—
Each member of the Council or Committee shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5.
(L)
Detail of personnel from the administration.—
The Administrator shall make available to the Council or Committee such staff, information, and administrative services and assistance as may reasonably be required to enable the Council or Committee to carry out its responsibilities under this subsection.
(7)
Air traffic services committee.—
(A)
Establishment.—
The Administrator shall establish a committee that is independent of the Council by converting the Air Traffic Services Subcommittee of the Council, as in effect on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act, into such committee. The committee shall be known as the Air Traffic Services Committee (in this subsection referred to as the “Committee”).
(B)
Membership and qualifications.—
Subject to paragraph (6)(C), the Committee shall consist of five members, one of whom shall be the Administrator and shall serve as chairperson. The remaining members shall be appointed by the President with the advice and consent of the Senate and—
(i) shall have a fiduciary responsibility to represent the public interest;
(ii) shall be citizens of the United States; and
(iii)
shall be appointed without regard to political affiliation and solely on the basis of their professional experience and expertise in one or more of the following areas and, in the aggregate, should collectively bring to bear expertise in all of the following areas:
(I) Management of large service organizations.(II) Customer service.(III) Management of large procurements.(IV) Information and communications technology.(V) Organizational development.(VI) Labor relations.
(C)
Prohibitions on members of committee.—
No member of the Committee may—
(i) have a pecuniary interest in, or own stock in or bonds of, an aviation or aeronautical enterprise, except an interest in a diversified mutual fund or an interest that is exempt from the application of section 208 of title 18;
(ii) engage in another business related to aviation or aeronautics; or
(iii) be a member of any organization that engages, as a substantial part of its activities, in activities to influence aviation-related legislation.
(D)
General responsibilities.—
(i)
Oversight.—
The Committee shall oversee the administration, management, conduct, direction, and supervision of the air traffic control system.
(ii)
Confidentiality.—
The Committee shall ensure that appropriate confidentiality is maintained in the exercise of its duties.
(E)
Specific responsibilities.—
The Committee shall have the following specific responsibilities:
(i)
Strategic plans.—
To review, approve, and monitor the strategic plan for the air traffic control system, including the establishment of—
(I) a mission and objectives;(II) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity; and(III) annual and long-range strategic plans.
(ii)
Modernization and improvement.—
To review and approve—
(I) methods to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control; and(II)
(iii)
Operational plans.—
To review the operational functions of the air traffic control system, including—
(I) plans for modernization of the air traffic control system;(II) plans for increasing productivity or implementing cost-saving measures; and(III) plans for training and education.
(iv)
Management.—
To—
(I) review and approve the Administrator’s appointment of a Chief Operating Officer under section 106(r);(II) review the Administrator’s selection, evaluation, and compensation of senior executives of the Administration who have program management responsibility over significant functions of the air traffic control system;(III) review and approve the Administrator’s plans for any major reorganization of the Administration that would impact on the management of the air traffic control system;(IV) review and approve the Administrator’s cost accounting and financial management structure and technologies to help ensure efficient and cost-effective air traffic control operation; and(V) review the performance and compensation of managers responsible for major acquisition projects, including the ability of the managers to meet schedule and budget targets.
(v)
Budget.—
To—
(I) review and make recommendations on the budget request of the Administration related to the air traffic control system prepared by the Administrator;(II) submit such budget recommendations to the Secretary; and(III) base such budget recommendations on the annual and long-range strategic plans.
(F)
Committee personnel matters and expenses.—
(i)
Personnel matters.—
The Committee may appoint and terminate for purposes of employment by the Committee any personnel that may be necessary to enable the Committee to perform its duties, and may procure temporary and intermittent services under section 40122.
(ii)
Travel expenses.—
Each member of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(G)
Administrative matters.—
(i)
Powers of chair.—
Except as otherwise provided by a majority vote of the Committee, the powers of the chairperson shall include—
(I) establishing committees;(II) setting meeting places and times;(III) establishing meeting agendas; and(IV) developing rules for the conduct of business.
(ii)
Meetings.—
The Committee shall meet at least quarterly and at such other times as the chairperson determines appropriate.
(iii)
Quorum.—
Three members of the Committee shall constitute a quorum. A majority of members present and voting shall be required for the Committee to take action.
(H)
Authorization.—
There are authorized to be appropriated to the Committee such sums as may be necessary for the Committee to carry out its activities.
(8)
Air traffic control system defined.—
In this section, the term “air traffic control system” has the meaning such term has under section 40102(a).
(q)
Aircraft Noise Ombudsman.—
(1)
Establishment.—
There shall be in the Administration an Aircraft Noise Ombudsman.
(2)
General duties and responsibilities.—
The Ombudsman shall—
(A) be appointed by the Administrator;
(B) serve as a liaison with the public on issues regarding aircraft noise; and
(C) be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.
(3)
Number of full-time equivalent employees.—
The appointment of an Ombudsman under this subsection shall not result in an increase in the number of full-time equivalent employees in the Administration.
(r)
Chief Operating Officer.—
(1)
In general.—
(A)
Appointment.—
There shall be a Chief Operating Officer for the air traffic control system to be appointed by the Administrator, with the approval of the Air Traffic Services Committee. The Chief Operating Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator.
(B)
Qualifications.—
The Chief Operating Officer shall have a demonstrated ability in management and knowledge of or experience in aviation.
(C)
Term.—
The Chief Operating Officer shall be appointed for a term of 5 years.
(D)
Removal.—
The Chief Operating Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the air traffic control system.
(E)
Vacancy.—
Any individual appointed to fill a vacancy in the position of Chief Operating Officer occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term.
(2)
Compensation.—
(A)
In general.—
The Chief Operating Officer shall be paid at an annual rate of basic pay to be determined by the Administrator, with the approval of the Air Traffic Services Committee. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if the position of Chief Operating Officer were described in section 207(c)(2)(A)(i) of that title.
(B)
Bonus.—
In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Operating Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Operating Officer’s performance in relation to the performance goals set forth in the performance agreement described in paragraph (3).
(3)
Annual performance agreement.—
The Administrator and the Chief Operating Officer, in consultation with the Air Traffic Services Committee, shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief Operating Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis.
(4)
Annual performance report.—
The Chief Operating Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management report containing such information as may be prescribed by the Secretary.
(5)
Responsibilities.—
The Administrator may delegate to the Chief Operating Officer, or any other authority within the Administration responsibilities, including the following:
(A)
Strategic plans.—
To implement the strategic plan of the Administration for the air traffic control system in order to further—
(i) a mission and objectives;
(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity;
(iii) annual and long-range strategic plans; and
(iv) methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control.
(B)
Operations.—
To oversee the day-to-day operational functions of the Administration for air traffic control, including—
(i) modernization of the air traffic control system;
(ii) increasing productivity or implementing cost-saving measures;
(iii) training and education; and
(iv) the management of cost-reimbursable contracts.
(C)
Budget.—
To—
(i) develop a budget request of the Administration related to the air traffic control system;
(ii) submit such budget request to the Administrator and the Committee; and
(iii) ensure that the budget request supports the agency’s annual and long-range strategic plans for air traffic control services.
(s)
Chief Technology Officer.—
(1)
In general.—
(A)
Appointment.—
There shall be a Chief Technology Officer appointed by the Chief Operating Officer. The Chief Technology Officer shall report directly to the Chief Operating Officer.
(B)
Minimum qualifications.—
The Chief Technology Officer shall have—
(i) at least 10 years experience in engineering management or another relevant technical management field; and
(ii) knowledge of or experience in the aviation industry.
(C)
Removal.—
The Chief Technology Officer shall serve at the pleasure of the Administrator.
(D)
Restriction.—
The Chief Technology Officer may not also be the Deputy Administrator.
(2)
Responsibilities.—
The responsibilities of the Chief Technology Officer shall include—
(A) ensuring the proper operation, maintenance, and cybersecurity of technology systems relating to the air traffic control system across all program offices of the Administration;
(B) coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aerospace industry and other Federal agencies;
(C) reviewing and providing advice to the Secretary, the Administrator, and the Chief Operating Officer on the Administration’s budget, cost-accounting system, and benefit-cost analyses with respect to technology programs relating to the air traffic control system;
(D) consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to Congress;
(E) developing an annual air traffic control system technology operation and maintenance plan that is consistent with the annual performance targets established under paragraph (4); and
(F) ensuring that the air traffic control system architecture remains, to the maximum extent practicable, flexible enough to incorporate future technological advances developed and directly procured by aircraft operators.
(3)
Compensation.—
(A)
In general.—
The Chief Technology Officer shall be paid at an annual rate of basic pay to be determined by the Administrator, in consultation with the Chief Operating Officer. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of that title.
(B)
Bonus.—
In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Technology Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Technology Officer’s performance in relation to the performance targets established under paragraph (4).
(4)
Annual performance targets.—
(A)
In general.—
The Administrator and the Chief Operating Officer, in consultation with the Chief Technology Officer, shall establish measurable annual performance targets for the Chief Technology Officer in key operational areas.
(B)
Report.—
The Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the annual performance targets established under subparagraph (A).
(5)
Annual performance report.—
The Chief Technology Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual report containing—
(A) detailed descriptions and metrics of how successful the Chief Technology Officer was in meeting the annual performance targets established under paragraph (4); and
(B) other information as may be requested by the Administrator and the Chief Operating Officer.
(t)
Office of Whistleblower Protection and Aviation Safety Investigations.—
(1)
Establishment.—
There is established in the Federal Aviation Administration (in this subsection referred to as the “Agency”) the Office of Whistleblower Protection and Aviation Safety Investigations (in this subsection referred to as the “Office”).
(2)
Director.—
(A)
Appointment.—
The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation.
(B)
Qualifications.—
The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation.
(C)
Term.—
The Director shall be appointed for a term of 5 years.
(D)
Vacancies.—
Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term.
(E)
Limitation of duties.—
The Director may only perform duties of the Director described in paragraph (3)(A).
(3)
Complaints and investigations.—
(A)
Authority of director.—
The Director shall—
(i) receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations (if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system) and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety;
(ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred;
(iii) based on findings of the assessment conducted under clause (ii), make recommendations to the Administrator of the Agency, in writing, regarding further investigation or corrective actions;
(iv) receive allegations of whistleblower retaliation by employees of the Agency;
(v) coordinate with and provide all necessary assistance to the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, and the Office of Special Counsel on investigations relating to whistleblower retaliation by employees of the Agency; and
(vi) investigate allegations of whistleblower retaliation by employees of the Agency that have been delegated to the Office by the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, or the Office of Special Counsel.
(B)
Disclosure of identities.—
The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless—
(i) the individual consents to the disclosure in writing; or
(ii) the Director determines, in the course of an investigation, that the disclosure is required by regulation, statute, or court order, or is otherwise unavoidable, in which case the Director shall provide the individual reasonable advanced notice of the disclosure.
(C)
Independence of director.—
The Secretary, the Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted under subparagraph (A)(i) or from reporting to Congress on any such assessment.
(D)
Access to information.—
In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other material of the Agency necessary to determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety may have occurred.
(4)
Responses to recommendations.—
Not later than 60 days after the date on which the Administrator receives a report with respect to an investigation, the Administrator shall respond to a recommendation made by the Director under paragraph (3)(A)(iii) in writing and retain records related to any further investigations or corrective actions taken in response to the recommendation.
(5)
Incident reports.—
If the Director determines there is a substantial likelihood that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred that requires immediate corrective action, the Director shall report the potential violation expeditiously to the Administrator and the Inspector General of the Department of Transportation.
(6)
Reporting of criminal violations to inspector general.—
If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General.
(7)
Annual reports to congress.—
Not later than November 15 of each year, the Director shall submit to Congress a report containing—
(A) information on the number of submissions of complaints and information received by the Director under paragraph (3)(A)(i) in the preceding fiscal year;
(B) summaries of those submissions;
(C) summaries of the resolution of those submissions, including any further investigations and corrective actions recommended in response to the submissions;
(D) summaries of the responses of the Administrator to such recommendations; and
(E)
A summary of the activities of the Whistleblower Ombudsman, including—
(i) the number of employee consultations conducted by the Whistleblower Ombudsman in the preceding 12-month period and a summary of such consultations and their resolution (in a de-identified or anonymized form); and
(ii) the number of reported incidents of retaliation during such period and, if applicable, a description of the disposition of such incidents during such period.
(8)
Whistleblower ombudsman.—
(A)
In general.—
Within the Office, there shall be established the position of Whistleblower Ombudsman.
(B)
Ombudsman qualifications.—
The individual selected as Ombudsman shall have knowledge of Federal labor law and demonstrated government experience in human resource management, and conflict resolution.
(C)
Duties.—
The Ombudsman shall carry out the following duties:
(i) Educate Administration employees about prohibitions against materially adverse acts of retaliation and any specific rights or remedies with respect to those retaliatory actions.
(ii) Serve as an independent confidential resource for Administration employees to discuss any specific retaliation allegation and available rights or remedies based on the circumstances, as appropriate.
(iii) Coordinate with Human Resource Management, the Office of Accountability and Whistleblower Protection, the Office of Professional Responsibility, and the Office of the Chief Counsel, as necessary.
(iv) Coordinate with the Office of the Inspector General of the Department of Transportation’s Whistleblower Protection Coordinator and the Office of the Special Counsel, as necessary.
(v) Conduct outreach and assist in the development of training within the Agency to mitigate the potential for retaliation and promote timely and appropriate processing of any protected disclosure or allegation of materially adverse acts of retaliation.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–591, § 5(a), Nov. 3, 1988, 102 Stat. 3013; Pub. L. 101–508, title IX, § 9106, Nov. 5, 1990, 104 Stat. 1388–355; Pub. L. 101–604, title I, § 101(c), Nov. 16, 1990, 104 Stat. 3068; Pub. L. 102–581, title I, § 104, Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103–272, §§ 4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 103–305, title I, § 103, title II, § 201, Aug. 23, 1994, 108 Stat. 1571, 1581; Pub. L. 104–264, title I, § 103(a), title II, §§ 223(a), 224–230, 276(c), title XII, § 1210, Oct. 9, 1996, 110 Stat. 3216, 3229–3234, 3282; Pub. L. 104–287, § 5(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–102, § 3(c)(3), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, § 4, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, § 103(a), title III, §§ 302(a)–(c), 303, 305, 306, 307(c)(1), title VII, § 701, Apr. 5, 2000, 114 Stat. 66, 115–118, 121, 123, 124, 126, 154; Pub. L. 106–528, § 8(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 107–71, title I, § 101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603; Pub. L. 108–176, title I, § 103(a),(b), title II, §§ 201–204, 224(c), Dec. 12, 2003, 117 Stat. 2495, 2496, 2522–2526, 2528; Pub. L. 110–330, § 6, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12, § 6, Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 6, Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 6, Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, § 6, Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, § 6, Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, § 6, July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, § 105, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112–30, title II, § 206, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, § 6, Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, § 103, title II, §§ 203, 204, title III, §§ 306(b), 341, Feb. 14, 2012, 126 Stat. 16, 37, 61, 78; Pub. L. 112–166, § 2(k)(2), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 113–188, title XV, § 1501(a), Nov. 26, 2014, 128 Stat. 2023; Pub. L. 114–55, title I, § 103, Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, § 103, Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, § 1103, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, § 103, Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, § 103, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title I, § 113, title V, §§ 545(a), 564, div. K, title I, § 1991(a), Oct. 5, 2018, 132 Stat. 3200, 3374, 3385, 3626; Pub. L. 116–260, div. V, title I, §§ 114, 133(a), (b), Dec. 27, 2020, 134 Stat. 2333, 2353, 2355.)
§ 107.
Federal Transit Administration
(a) The Federal Transit Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(c) The Administrator shall carry out duties and powers prescribed by the Secretary.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102–240, title III, § 3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.)
§ 108.
Pipeline and Hazardous Materials Safety Administration
(a)
In General.—
The Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation.
(b)
Safety as Highest Priority.—
In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation.
(c)
Administrator.—
The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.
(d)
Deputy Administrator.—
The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(e)
Chief Safety Officer.—
The Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.
(f)
Duties and Powers of the Administrator.—
The Administrator shall carry out—
(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the Secretary.
(g)
Limitation.—
A duty or power specified in subsection (f)(1) may be transferred to another part of the Department of Transportation or another government entity only if specifically provided by law.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, § 4(j)(4), July 5, 1994, 108 Stat. 1365; Pub. L. 108–426, § 2(a), Nov. 30, 2004, 118 Stat. 2423.)
§ 109.
Maritime Administration
(a)
Organization and Mission.—
The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States.
(b)
Maritime Administrator.—
The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.
(c)
Deputy Maritime Administrator.—
The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.
(d)
Duties and Powers Vested in Secretary.—
All duties and powers of the Maritime Administration are vested in the Secretary.
(e)
Regional Offices.—
The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.
(f)
Interagency and Industry Relations.—
The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.
(g)
Detailing Officers From Armed Forces.—
To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer’s pay and allowances as an officer in the armed forces, makes the officer’s total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.
(h)
Contracts, Cooperative Agreements, and Audits.—
(1)
Contracts and cooperative agreements.—
In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to—
(A) carry out the Secretary’s duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and
(B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.
(2)
Audits.—
The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.
(i)
Grant Administrative Expenses.—
Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.
(j)
Authorization of Appropriations.—
(1)
In general.—
Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.
(2)
Limitations.—
Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for—
(A) acquisition, construction, or reconstruction of vessels;
(B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;
(C) costs of national defense features;
(D) payments of obligations incurred for operating-differential subsidies;
(E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;
(F) the Vessel Operations Revolving Fund;
(G) National Defense Reserve Fleet expenses;
(H) expenses necessary to carry out part B of subtitle V of title 46; and
(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, § 5(m)(5), July 5, 1994, 108 Stat. 1375; Pub. L. 109–304, § 12, Oct. 6, 2006, 120 Stat. 1698; Pub. L. 111–84, div. C, title XXXV, § 3508, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111–383, div. A, title X, § 1075(d)(26), Jan. 7, 2011, 124 Stat. 4374; Pub. L. 112–213, title IV, § 409, Dec. 20, 2012, 126 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, § 3505(g), Dec. 23, 2016, 130 Stat. 2776.)
§ 110.
Great Lakes St. Lawrence Seaway Development Corporation
(a) The Great Lakes St. Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation.
(b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103–272, § 4(j)(5)(A), July 5, 1994, 108 Stat. 1366; Pub. L. 116–260, div. AA, title V, § 512(c)(7)(A)(i), Dec. 27, 2020, 134 Stat. 2757.)
[§ 111.
Repealed. Pub. L. 112–141, div. E, title II, § 52011(c)(1), July 6, 2012, 126 Stat. 895]
[§ 112.
Repealed. Pub. L. 114–94, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570]
§ 113.
Federal Motor Carrier Safety Administration
(a)
In General.—
The Federal Motor Carrier Safety Administration shall be an administration of the Department of Transportation.
(b)
Safety as Highest Priority.—
In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in motor carrier transportation.
(c)
Administrator.—
The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator shall report directly to the Secretary of Transportation.
(d)
Deputy Administrator.—
The Administration shall have a Deputy Administrator appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(e)
Chief Safety Officer.—
The Administration shall have an Assistant Federal Motor Carrier Safety Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.
(f)
Powers and Duties.—
The Administrator shall carry out—
(1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249–1250); except as otherwise delegated by the Secretary to any agency of the Department of Transportation other than the Federal Highway Administration, as of October 8, 1999; and
(2) additional duties and powers prescribed by the Secretary.
(g)
Limitation on Transfer of Powers and Duties.—
A duty or power specified in subsection (f)(1) may only be transferred to another part of the Department when specifically provided by law.
(h)
Effect of Certain Decisions.—
A decision of the Administrator involving a duty or power specified in subsection (f)(1) and involving notice and hearing required by law is administratively final.
(i)
Consultation.—
The Administrator shall consult with the Federal Highway Administrator and with the National Highway Traffic Safety Administrator on matters related to highway and motor carrier safety.
(Added Pub. L. 106–159, title I, § 101(a), Dec. 9, 1999, 113 Stat. 1750.)
§ 114.
Transportation Security Administration
(a)
In General.—
The Transportation Security Administration shall be an administration of the Department of Homeland Security.
(b)
Leadership.—
(1)
Head of transportation security administration.—
(A)
Appointment.—
The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(B)
Qualifications.—
The Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(C)
Term.—
Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving.
(2)
Deputy administrator.—
(A)
Appointment.—
There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President.
(B)
Vacancy.—
The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator.
(C)
Qualifications.—
The Deputy Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(3)
Chief counsel.—
(A)
Appointment.—
There is established in the Transportation Security Administration a Chief Counsel, who shall advise the Administrator and other senior officials on all legal matters relating to the responsibilities, functions, and management of the Transportation Security Administration.
(B)
Qualifications.—
The Chief Counsel must be a citizen of the United States.
(c)
Limitation on Ownership of Stocks and Bonds.—
The Administrator 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 Administrator 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 Administrator 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 Administrator 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;
(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;
(15) establish and maintain a National Deployment Office as required under section 44948 of this title; and
(16) carry out such other duties, and exercise such other powers, relating to transportation security as the Administrator considers appropriate, to the extent authorized by law.
(g)
National Emergency Responsibilities.—
(1)
In general.—
Subject to the direction and control of the Secretary of Homeland Security, the Administrator, 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 of Homeland Security shall prescribe.
(2)
Authority of other departments and agencies.—
The authority of the Administrator under this subsection shall not supersede the authority of any other department or agency of the Federal Government under law with respect to transportation or transportation-related matters, whether or not during a national emergency.
(3)
Circumstances.—
The Secretary of Homeland Security shall prescribe the circumstances constituting a national emergency for purposes of this subsection.
(h)
Management of Security Information.—
In consultation with the Transportation Security Oversight Board, the Administrator shall—
(1) enter into memoranda of understanding with Federal agencies or other entities to share or otherwise cross-check as necessary data on individuals identified on Federal agency databases who may pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration, appropriate State and local law enforcement officials, and airport or airline security officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety;
(3)
in consultation with other appropriate Federal agencies and air carriers, establish policies and procedures requiring air carriers—
(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to civil aviation or national security; and
(B) if such an individual is identified, notify appropriate law enforcement agencies, prevent the individual from boarding an aircraft, or take other appropriate action with respect to that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national security.
(i)
View of NTSB.—
In taking any action under this section that could affect safety, the Administrator shall give great weight to the timely views of the National Transportation Safety Board.
(j)
Acquisitions.—
(1)
In general.—
The Administrator is authorized—
(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within and outside the continental United States, as the Administrator considers necessary;
(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Administrator considers necessary;
(C) to lease to others such real and personal property and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities;
(D) to acquire services, including such personal services as the Secretary of Homeland Security determines necessary, and to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and
(E) in cooperation with the Administrator of the Federal Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration.
(2)
Title.—
Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.
(k)
Transfers of Funds.—
The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions assigned by law to the Administrator.
(l)
Regulations.—
(1)
In general.—
The Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out the functions of the Administration.
(2)
Emergency procedures.—
(A)
In general.—
Notwithstanding any other provision of law or executive 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 directive without providing notice or an opportunity for comment and without prior approval of the Secretary.
(B)
Review by transportation security oversight board.—
Any regulation or security directive issued under this paragraph shall be subject to review by the Transportation Security Oversight Board established under section 115. Any regulation or security directive issued under this paragraph shall remain effective for a period not to exceed 90 days unless ratified or disapproved by the Board or rescinded by the Administrator.
(3)
Factors to consider.—
In determining whether to issue, rescind, or revise a regulation under this section, 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 estimates the number of lives that will be saved by the regulation and the monetary value of such lives if the Administrator determines that it is not feasible to make such an estimate.
(4)
Airworthiness objections by faa.—
(A)
In general.—
The Administrator shall not take an aviation security action under this title if the Administrator of the Federal Aviation Administration notifies the Administrator that the action could adversely affect the airworthiness of an aircraft.
(B)
Review by secretary.—
Notwithstanding subparagraph (A), the Administrator may take such an action, after receiving a notification concerning the action from the Administrator of the Federal Aviation Administration under subparagraph (A), if the Secretary of Transportation subsequently approves the action.
(m)
Personnel and Services; Cooperation by Administrator.—
(1)
Authority of administrator.—
In carrying out the functions of the Administration, the Administrator 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 Administrator 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.—
(1)
In general.—
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 Administrator may make such modifications to the personnel management system with respect to such employees as the Administrator considers appropriate, such as adopting aspects of other personnel systems of the Department of Homeland Security.
(2)
Meritorious executive or distinguished executive rank awards.—
Notwithstanding section 40122(g)(2) of this title, the applicable sections of title 5 shall apply to the Transportation Security Administration personnel management system, except that—
(A)
for purposes of applying such provisions to the personnel management system—
(i) the term “agency” means the Department of Homeland Security;
(ii) the term “senior executive” means a Transportation Security Administration executive serving on a Transportation Security Executive Service appointment;
(iii) the term “career appointee” means a Transportation Security Administration executive serving on a career Transportation Security Executive Service appointment; and
(iv) The 1
1 So in original. Probably should not be capitalized.
term “senior career employee” means a Transportation Security Administration employee covered by the Transportation Security Administration Core Compensation System at the L or M pay band;
(B) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system; and
(C) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system.
(3)
Definition of applicable sections of title 5.—
In this subsection, the term “applicable sections of title 5” means—
(A) subsections (b), (c) and (d) of section 4507 of title 5; and
(B) subsections (b) and (c) of section 4507a of title 5.
(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 Homeland Security.
(p)
Law Enforcement Powers.—
(1)
In general.—
The Administrator 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 Administrator, in consultation with the Attorney General of the United States, and shall include adherence to 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 Administrator has not complied with the guidelines prescribed in paragraph (3) and conveys the determination in writing to the Secretary of Homeland Security and the Administrator.
(q)
Authority To Exempt.—
The Administrator may grant an exemption from a regulation prescribed in carrying out this section if the Administrator determines that the exemption is in the public interest.
(r)
Nondisclosure of Security Activities.—
(1)
In general.—
Notwithstanding section 552 of title 5, the Administrator 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 Administrator 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 Administrator 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, pipeline, public transportation, over-the-road bus, and other transportation infrastructure assets.
(2)
Role of secretary of transportation.—
The Secretary of Homeland Security shall work jointly with the Secretary of Transportation in developing, revising, and updating the documents required by paragraph (1).
(3)
Contents of national strategy for transportation security.—
The National Strategy for Transportation Security shall include the following:
(A) An identification and evaluation of the transportation assets in the United States that, in the interests of national security and commerce, 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, mass transit, over-the-road bus, and other public transportation infrastructure assets that could be at risk of such an attack or disruption.
(B) The development of risk-based priorities, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007) across all transportation modes and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and cost-effective means of defending those assets against threats to their security.
(D) A forward-looking strategic plan that sets forth the agreed upon roles and missions of Federal, State, regional, local, and tribal authorities and establishes mechanisms for encouraging cooperation and participation by private sector entities, including nonprofit employee labor organizations, in the implementation of such plan.
(E) A comprehensive delineation of prevention, response, and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems.
(F) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital transportation assets. Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.
(G) A 3- and 10-year budget for Federal transportation security programs that will achieve the priorities of the National Strategy for Transportation Security.
(H) Methods for linking the individual transportation modal security plans and the programs contained therein, and a plan for addressing the security needs of intermodal transportation.
(I) Transportation modal security plans described in paragraph (1)(B), including operational recovery plans to expedite, to the maximum extent practicable, the return to operation of an adversely affected transportation system following a major terrorist attack on that system or other incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 70103(a) of title 46.
(4)
Submission of plans.—
(A)
In general.—
The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans and any revisions to the National Strategy for Transportation Security and the transportation modal security plans, to appropriate congressional committees not less frequently than April 1 of each even-numbered year.
(B)
Periodic progress report.—
(i)
Requirement for report.—
Each year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States Code, the Secretary of Homeland Security shall submit to the appropriate congressional committees an assessment of the progress made on implementing the National Strategy for Transportation Security, including the transportation modal security plans.
(ii)
Content.—
Each progress report submitted under this subparagraph shall include, at a minimum, the following:
(I) Recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary of Transportation, considers appropriate.(II) An accounting of all grants for transportation security, including grants and contracts for research and development, awarded by the Secretary of Homeland Security in the most recent fiscal year and a description of how such grants accomplished the goals of the National Strategy for Transportation Security.(III)
An accounting of all—
(aa) funds requested in the President’s budget submitted pursuant to section 1105 of title 31 for the most recent fiscal year for transportation security, by mode;(bb) personnel working on transportation security by mode, including the number of contractors; and(cc) information on the turnover in the previous year among senior staff of the Department of Homeland Security, including component agencies, working on transportation security issues. Such information shall include the number of employees who have permanently left the office, agency, or area in which they worked, and the amount of time that they worked for the Department of Homeland Security.
(iii)
Written explanation of transportation security activities not delineated in the national strategy for transportation security.—
At the end of each fiscal year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a written explanation of any Federal transportation security activity that is inconsistent with the National Strategy for Transportation Security, including the amount of funds to be expended for the activity and the number of personnel involved.
(C)
Classified material.—
Any part of the National Strategy for Transportation Security or the transportation modal security plans that involve information that is properly classified under criteria established by Executive order shall be submitted to the appropriate congressional committees separately in a classified format.
(D)
Appropriate congressional committees defined.—
In this subsection, the term “appropriate congressional committees” means the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(5)
Priority Status.—
(A)
In general.—
The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts.
(B)
Other plans and reports.—
The National Strategy for Transportation Security shall include, as an integral part or as an appendix—
(i) the current National Maritime Transportation Security Plan under section 70103 of title 46;
(ii) the report required by section 44938 of this title;
(iii) transportation modal security plans required under this section;
(iv) the transportation sector specific plan required under Homeland Security Presidential Directive–7; and
(v) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.
(6)
Coordination.—
In carrying out the responsibilities under this section, the Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall consult, as appropriate, with Federal, State, and local agencies, tribal governments, private sector entities (including nonprofit employee labor organizations), institutions of higher learning, and other entities.
(7)
Plan distribution.—
The Secretary of Homeland Security shall make available and appropriately publicize an unclassified version of the National Strategy for Transportation Security, including its component transportation modal security plans, to Federal, State, regional, local and tribal authorities, transportation system owners or operators, private sector stakeholders, including nonprofit employee labor organizations representing transportation employees, institutions of higher learning, and other appropriate entities.
(t)
Transportation Security Information Sharing Plan.—
(1)
Definitions.—
In this subsection:
(A)
Appropriate congressional committees.—
The term “appropriate congressional committees” has the meaning given that term in subsection (s)(4)(E).
(B)
Plan.—
The term “Plan” means the Transportation Security Information Sharing Plan established under paragraph (2).
(C)
Public and private stakeholders.—
The term “public and private stakeholders” means Federal, State, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees.
(D)
Transportation security information.—
The term “transportation security information” means information relating to the risks to transportation modes, including aviation, public transportation, railroad, ferry, highway, maritime, pipeline, and over-the-road bus transportation, and may include specific and general intelligence products, as appropriate.
(2)
Establishment of plan.—
The Secretary of Homeland Security, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a Transportation Security Information Sharing Plan. In establishing the Plan, the Secretary of Homeland Security shall gather input on the development of the Plan from private and public stakeholders and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).
(3)
Purpose of plan.—
The Plan shall promote sharing of transportation security information between the Department of Homeland Security and public and private stakeholders.
(4)
Content of plan.—
The Plan shall include—
(A) a description of how intelligence analysts within the Department of Homeland Security will coordinate their activities within the Department and with other Federal, State, and local agencies, and tribal governments, including coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of 2007;
(B) the establishment of a point of contact, which may be a single point of contact within the Department of Homeland Security, for each mode of transportation for the sharing of transportation security information with public and private stakeholders, including an explanation and justification to the appropriate congressional committees if the point of contact established pursuant to this subparagraph differs from the agency within the Department of Homeland Security that has the primary authority, or has been delegated such authority by the S
(C) a reasonable deadline by which the Plan will be implemented; and
(D) a description of resource needs for fulfilling the Plan.
(5)
Coordination with information sharing.—
The Plan shall be—
(A) implemented in coordination, as appropriate, with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
(B) consistent with the establishment of the information sharing environment and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of the information sharing environment.
(6)
Annual report on plan.—
The Secretary of Homeland Security shall annually submit to the appropriate congressional committees a report containing the Plan.
(7)
Security clearances.—
The Secretary of Homeland Security shall, to the greatest extent practicable, take steps to expedite the security clearances needed for designated public and private stakeholders to receive and obtain access to classified information distributed under this section, as appropriate.
(8)
Classification of material.—
The Secretary of Homeland Security, to the greatest extent practicable, shall provide designated public and private stakeholders with transportation security information in an unclassified format.
(u)
Enforcement of Regulations and Orders of the Secretary of Homeland Security.—
(1)
Application of subsection.—
(A)
In general.—
This subsection applies to the enforcement of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other than a provision of chapter 449 (in this subsection referred to as an “applicable provision of this title”).
(B)
Violations of chapter 449.—
The penalties for violations of regulations prescribed and orders issued by the Secretary of Homeland Security or the Administrator under chapter 449 of this title are provided under chapter 463 of this title.
(C)
Nonapplication to certain violations.—
(i)
Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title—
(I) involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;(II) by a member of the armed forces of the United States when performing official duties; or(III) by a civilian employee of the Department of Defense when performing official duties.
(ii) Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary of Defense’s designee.
(2)
Civil penalty.—
(A)
In general.—
A person is liable to the United States Government for a civil penalty of not more than $10,000 for a violation of a regulation prescribed, or order issued, by the Secretary of Homeland Security under an applicable provision of this title.
(B)
Repeat violations.—
A separate violation occurs under this paragraph for each day the violation continues.
(3)
Administrative imposition of civil penalties.—
(A)
In general.—
The Secretary of Homeland Security may impose a civil penalty for a violation of a regulation prescribed, or order issued, under an applicable provision of this title. The Secretary shall give written notice of the finding of a violation and the penalty.
(B)
Scope of civil action.—
In a civil action to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection, a court may not re-examine issues of liability or the amount of the penalty.
(C)
Jurisdiction.—
The district courts of the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection if—
(i)
the amount in controversy is more than—
(I) $400,000, if the violation was committed by a person other than an individual or small business concern; or(II) $50,000 if the violation was committed by an individual or small business concern;
(ii) the action is in rem or another action in rem based on the same violation has been brought; or
(iii) another action has been brought for an injunction based on the same violation.
(D)
Maximum penalty.—
The maximum civil penalty the Secretary of Homeland Security administratively may impose under this paragraph is—
(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(ii) $50,000, if the violation was committed by an individual or small business concern.
(E)
Notice and opportunity to request hearing.—
Before imposing a penalty under this section the Secretary of Homeland Security shall provide to the person against whom the penalty is to be imposed—
(i) written notice of the proposed penalty; and
(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary of Homeland Security receives the request not later than 30 days after the date on which the person receives notice.
(4)
Compromise and setoff.—
(A) The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under this subsection.
(B) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5)
Investigations and proceedings.—
Chapter 461 shall apply to investigations and proceedings brought under this subsection to the same extent that it applies to investigations and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary of Homeland Security.
(6)
Definitions.—
In this subsection:
(A)
Person.—
The term “person” does not include—
(i) the United States Postal Service; or
(ii) the Department of Defense.
(B)
Small business concern.—
The term “small business concern” has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).
(7)
Enforcement transparency.—
(A)
In general.—
The Secretary of Homeland Security shall—
(i) provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and
(ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.
(B)
Electronic availability.—
Each summary under this paragraph shall be made available to the public by electronic means.
(C)
Relationship to the freedom of information act and the privacy act.—
Nothing in this subsection shall be construed to require disclosure of information or records that are exempt from disclosure under sections 552 or 552a of title 5.
(v)
Authorization of Appropriations.—
There are authorized to be appropriated to the Transportation Security Administration for salaries, operations, and maintenance of the Administration—
(1) $7,849,247,000 for fiscal year 2019;
(2) $7,888,494,000 for fiscal year 2020; and
(3) $7,917,936,000 for fiscal year 2021.
(w)
Leadership and Organization.—
(1)
In general.—
For each of the areas described in paragraph (2), the Administrator of the Transportation Security Administration shall appoint at least 1 individual who shall—
(A) report directly to the Administrator or the Administrator’s designated direct report; and
(B) be responsible and accountable for that area.
(2)
Areas described.—
The areas described in this paragraph are as follows:
(A)
Aviation security operations and training, including risk-based, adaptive security—
(i) focused on airport checkpoint and baggage screening operations;
(ii) workforce training and development programs; and
(iii) ensuring compliance with aviation security law, including regulations, and other specialized programs designed to secure air transportation.
(B)
Surface transportation security operations and training, including risk-based, adaptive security—
(i) focused on accomplishing security systems assessments;
(ii) reviewing and prioritizing projects for appropriated surface transportation security grants;
(iii) operator compliance with surface transportation security law, including regulations, and voluntary industry standards; and
(iv) workforce training and development programs, and other specialized programs designed to secure surface transportation.
(C) Transportation industry engagement and planning, including the development, interpretation, promotion, and oversight of a unified effort regarding risk-based, risk-reducing security policies and plans (including strategic planning for future contingencies and security challenges) between government and transportation stakeholders, including airports, domestic and international airlines, general aviation, air cargo, mass transit and passenger rail, freight rail, pipeline, highway and motor carriers, and maritime.
(D) International strategy and operations, including agency efforts to work with international partners to secure the global transportation network.
(E) Trusted and registered traveler programs, including the management and marketing of the agency’s trusted traveler initiatives, including the PreCheck Program, and coordination with trusted traveler programs of other Department of Homeland Security agencies and the private sector.
(F) Technology acquisition and deployment, including the oversight, development, testing, evaluation, acquisition, deployment, and maintenance of security technology and other acquisition programs.
(G) Inspection and compliance, including the integrity, efficiency and effectiveness of the agency’s workforce, operations, and programs through objective audits, covert testing, inspections, criminal investigations, and regulatory compliance.
(H) Civil rights, liberties, and traveler engagement, including ensuring that agency employees and the traveling public are treated in a fair and lawful manner consistent with Federal laws and regulations protecting privacy and prohibiting discrimination and reprisal.
(I) Legislative and public affairs, including communication and engagement with internal and external audiences in a timely, accurate, and transparent manner, and development and implementation of strategies within the agency to achieve congressional approval or authorization of agency programs and policies.
(3)
Notification.—
The Administrator shall submit to the appropriate committees of Congress—
(A) not later than 180 days after the date of enactment of the TSA Modernization Act, a list of the names of the individuals appointed under paragraph (1); and
(B) an update of the list not later than 5 days after any new individual is appointed under paragraph (1).
(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; Pub. L. 110–53, title XII, §§ 1202, 1203(a), title XIII, § 1302(a), title XV, § 1503(a), Aug. 3, 2007, 121 Stat. 381, 383, 390, 425; Pub. L. 110–161, div. E, title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092; Pub. L. 111–83, title V, § 561(c)(1), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 114–301, § 2(d), Dec. 16, 2016, 130 Stat. 1514; Pub. L. 115–254, div. K, title I, §§ 1903, 1904(a), (b)(1), 1905, 1909, 1988(c), Oct. 5, 2018, 132 Stat. 3543, 3544, 3546, 3549, 3623.)
§ 115.
Transportation Security Oversight Board
(a)
In General.—
There is established in the Department of Homeland Security a board to be known as the “Transportation Security Oversight Board”.
(b)
Membership.—
(1)
Number and appointment.—
The Board shall be composed of 7 members as follows:
(A) The Secretary of Homeland Security, or the Secretary’s designee.
(B) The Secretary of Transportation, or the Secretary’s designee.
(C) The Attorney General, or the Attorney General’s designee.
(D) The Secretary of Defense, or the Secretary’s designee.
(E) The Secretary of the Treasury, or the Secretary’s designee.
(F) The Director of National Intelligence, or the Director’s designee.
(G) One member appointed by the President to represent the National Security Council.
(2)
Chairperson.—
The Chairperson of the Board shall be the Secretary of Homeland Security.
(c)
Duties.—
The Board shall—
(1) review and ratify or disapprove any regulation or security directive issued by the Administrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive;
(2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;
(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;
(4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the Administrator regarding matters reviewed under paragraph (5).
(d)
Quarterly Meetings.—
The Board shall meet at least quarterly.
(e)
Consideration of Security Information.—
A majority of the Board may vote to close a meeting of the Board to the public, except that meetings shall be closed to the public whenever classified,1
1 So in original. The word “information” probably should be inserted.
sensitive security information, or information protected in accordance with section 40119(b),2
2 See References in Text note below.
will be discussed.
(Added Pub. L. 107–71, title I, § 102(a), Nov. 19, 2001, 115 Stat. 604; amended Pub. L. 107–296, title IV, § 426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L. 111–259, title IV, § 411, Oct. 7, 2010, 124 Stat. 2725; Pub. L. 115–254, div. K, title I, § 1991(b), Oct. 5, 2018, 132 Stat. 3626.)
§ 116.
National Surface Transportation and Innovative Finance Bureau
(a)
Establishment.—
The Secretary of Transportation shall establish a National Surface Transportation and Innovative Finance Bureau in the Department.
(b)
Purposes.—
The purposes of the Bureau shall be—
(1) to provide assistance and communicate best practices and financing and funding opportunities to eligible entities for the programs referred to in subsection (d)(1);
(2) to administer the application processes for programs within the Department in accordance with subsection (d);
(3) to promote innovative financing best practices in accordance with subsection (e);
(4) to reduce uncertainty and delays with respect to environmental reviews and permitting in accordance with subsection (f); and
(5) to reduce costs and risks to taxpayers in project delivery and procurement in accordance with subsection (g).
(c)
Executive Director.—
(1)
Appointment.—
The Bureau shall be headed by an Executive Director, who shall be appointed in the competitive service by the Secretary, with the approval of the President.
(2)
Duties.—
The Executive Director shall—
(A) report to the Under Secretary of Transportation for Policy;
(B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Bureau;
(C) support the Council on Credit and Finance established under section 117 in accordance with this section; and
(D) carry out such additional duties as the Secretary may prescribe.
(d)
Administration of Certain Application Processes.—
(1)
In general.—
The Bureau shall administer the application processes for the following programs:
(A) The infrastructure finance programs authorized under chapter 6 of title 23.
(B) The railroad rehabilitation and improvement financing program authorized under sections 501 through 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821–823).
(C) Amount allocations authorized under section 142(m) of the Internal Revenue Code of 1986.
(D) The nationally significant freight and highway projects program under section 117 of title 23.
(2)
Congressional notification.—
The Executive Director shall ensure that the congressional notification requirements for each program referred to in paragraph (1) are followed in accordance with the statutory provisions applicable to the program.
(3)
Reports.—
The Executive Director shall ensure that the reporting requirements for each program referred to in paragraph (1) are followed in accordance with the statutory provisions applicable to the program.
(4)
Coordination.—
In administering the application processes for the programs referred to in paragraph (1), the Executive Director shall coordinate with appropriate officials in the Department and its modal administrations responsible for administering such programs.
(5)
Streamlining approval processes.—
Not later than 1 year after the date of enactment of this section, the Executive Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Environment and Public Works of the Senate a report that—
(A) evaluates the application processes for the programs referred to in paragraph (1);
(B) identifies administrative and legislative actions that would improve the efficiency of the application processes without diminishing Federal oversight; and
(C) describes how the Executive Director will implement administrative actions identified under subparagraph (B) that do not require an Act of Congress.
(6)
Procedures and transparency.—
(A)
Procedures.—
With respect to the programs referred to in paragraph (1), the Executive Director shall—
(i) establish procedures for analyzing and evaluating applications and for utilizing the recommendations of the Council on Credit and Finance;
(ii) establish procedures for addressing late-arriving applications, as applicable, and communicating the Bureau’s decisions for accepting or rejecting late applications to the applicant and the public; and
(iii) document major decisions in the application evaluation process through a decision memorandum or similar mechanism that provides a clear rationale for such decisions.
(B)
Review.—
(i)
In general.—
The Comptroller General of the United States shall review the compliance of the Executive Director with the requirements of this paragraph.
(ii)
Recommendations.—
The Comptroller General may make recommendations to the Executive Director in order to improve compliance with the requirements of this paragraph.
(iii)
Report.—
Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under clause (i), including findings and recommendations for improvement.
(e)
Innovative Financing Best Practices.—
(1)
In general.—
The Bureau shall work with the modal administrations within the Department, eligible entities, and other public and private interests to develop and promote best practices for innovative financing and public-private partnerships.
(2)
Activities.—
The Bureau shall carry out paragraph (1)—
(A) by making Federal credit assistance programs more accessible to eligible recipients;
(B) by providing advice and expertise to eligible entities that seek to leverage public and private funding;
(C) by sharing innovative financing best practices and case studies from eligible entities with other eligible entities that are interested in utilizing innovative financing methods; and
(D)
by developing and monitoring—
(i)
best practices with respect to standardized State public-private partnership authorities and practices, including best practices related to—
(I) accurate and reliable assumptions for analyzing public-private partnership procurements;(II) procedures for the handling of unsolicited bids;(III) policies with respect to noncompete clauses; and(IV) other significant terms of public-private partnership procurements, as determined appropriate by the Bureau;
(ii) standard contracts for the most common types of public-private partnerships for transportation facilities; and
(iii) analytical tools and other techniques to aid eligible entities in determining the appropriate project delivery model, including a value for money analysis.
(3)
Transparency.—
The Bureau shall—
(A)
ensure the transparency of a project receiving credit assistance under a program referred to in subsection (d)(1) and procured as a public-private partnership by—
(i) requiring the sponsor of the project to undergo a value for money analysis or a comparable analysis prior to deciding to advance the project as a public-private partnership;
(ii) requiring the analysis required under subparagraph (A), and other key terms of the relevant public-private partnership agreement, to be made publicly available by the project sponsor at an appropriate time;
(iii) not later than 3 years after the date of completion of the project, requiring the sponsor of the project to conduct a review regarding whether the private partner is meeting the terms of the relevant public-private partnership agreement; and
(iv) providing a publicly available summary of the total level of Federal assistance in such project; and
(B) develop guidance to implement this paragraph that takes into consideration variations in State and local laws and requirements related to public-private partnerships.
(4)
Support to project sponsors.—
At the request of an eligible entity, the Bureau shall provide technical assistance to the eligible entity regarding proposed public-private partnership agreements for transportation facilities, including assistance in performing a value for money analysis or comparable analysis.
(f)
Environmental Review and Permitting.—
(1)
In general.—
The Bureau shall take actions that are appropriate and consistent with the Department’s goals and policies to improve the delivery timelines for projects carried out under the programs referred to in subsection (d)(1).
(2)
Activities.—
The Bureau shall carry out paragraph (1)—
(A) by serving as the Department’s liaison to the Council on Environmental Quality;
(B) by coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process;
(C) by providing technical assistance and training to field and headquarters staff of Federal agencies on policy changes and innovative approaches to the delivery of projects; and
(D) by identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969.
(3)
Support to project sponsors.—
At the request of an eligible entity that is carrying out a project under a program referred to in subsection (d)(1), the Bureau, in coordination with the appropriate modal administrations within the Department, shall provide technical assistance with regard to the compliance of the project with the requirements of the National Environmental Policy Act 1969 and relevant Federal environmental permits.
(g)
Project Procurement.—
(1)
In general.—
The Bureau shall promote best practices in procurement for a project receiving assistance under a program referred to in subsection (d)(1) by developing, in coordination with modal administrations within the Department as appropriate, procurement benchmarks in order to ensure accountable expenditure of Federal assistance over the life cycle of the project.
(2)
Procurement benchmarks.—
To the maximum extent practicable, the procurement benchmarks developed under paragraph (1) shall—
(A) establish maximum thresholds for acceptable project cost increases and delays in project delivery;
(B) establish uniform methods for States to measure cost and delivery changes over the life cycle of a project; and
(C) be tailored, as necessary, to various types of project procurements, including design-bid-build, design-build, and public-private partnerships.
(3)
Data collection.—
The Bureau shall—
(A) collect information related to procurement benchmarks developed under paragraph (1), including project specific information detailed under paragraph (2); and
(B) provide on a publicly accessible Internet Web site of the Department a report on the information collected under subparagraph (A).
(h)
Elimination and Consolidation of Duplicative Offices.—
(1)
Elimination of offices.—
The Secretary may eliminate any office within the Department if the Secretary determines that—
(A) the purposes of the office are duplicative of the purposes of the Bureau; and
(B) the elimination of the office does not adversely affect the obligations of the Secretary under any Federal law.
(2)
Consolidation of offices and office functions.—
The Secretary may consolidate any office or office function within the Department into the Bureau that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Bureau.
(3)
Staffing and budgetary resources.—
(A)
In general.—
The Secretary shall ensure that the Bureau is adequately staffed and funded.
(B)
Staffing.—
The Secretary may transfer to the Bureau a position within the Department from any office that is eliminated or consolidated under this subsection if the Secretary determines that the position is necessary to carry out the purposes of the Bureau.
(C)
Savings provision.—
If the Secretary transfers a position to the Bureau under subparagraph (B), the Secretary, in coordination with the appropriate modal administration, shall ensure that the transfer of the position does not adversely affect the obligations of the modal administration under any Federal law.
(D)
Budgetary resources.—
(i)
Transfer of funds from eliminated or consolidated offices.—
The Secretary may transfer to the Bureau funds allocated to any office or office function that is eliminated or consolidated under this subsection to carry out the purposes of the Bureau. Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account.
(ii)
Transfer of funds allocated to administrative costs.—
(4)
Notification.—
Not later than 90 days after the date of enactment of this section, and every 90 days thereafter, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate of—
(A) the offices eliminated under paragraph (1) and the rationale for elimination of the offices;
(B) the offices and office functions consolidated under paragraph (2) and the rationale for consolidation of the offices and office functions;
(C) the actions taken under paragraph (3) and the rationale for taking such actions; and
(D) any additional legislative actions that may be needed.
(i)
Savings Provisions.—
(1)
Laws and regulations.—
Nothing in this section may be construed to change a law or regulation with respect to a program referred to in subsection (d)(1).
(2)
Responsibilities.—
Nothing in this section may be construed to abrogate the responsibilities of an agency, operating administration, or office within the Department otherwise charged by a law or regulation with other aspects of program administration, oversight, or project approval or implementation for the programs and projects subject to this section.
(3)
Applicability.—
Nothing in this section may be construed to affect any pending application under 1 or more of the programs referred to in subsection (d)(1) that was received by the Secretary on or before the date of enactment of this section.
(j)
Definitions.—
In this section, the following definitions apply:
(1)
Bureau.—
The term “Bureau” means the National Surface Transportation and Innovative Finance Bureau of the Department.
(2)
Department.—
The term “Department” means the Department of Transportation.
(3)
Eligible entity.—
The term “eligible entity” means an eligible applicant receiving financial or credit assistance under 1 or more of the programs referred to in subsection (d)(1).
(4)
Executive director.—
The term “Executive Director” means the Executive Director of the Bureau.
(5)
Multimodal project.—
The term “multimodal project” means a project involving the participation of more than 1 modal administration or secretarial office within the Department.
(6)
Project.—
The term “project” means a highway project, public transportation capital project, freight or passenger rail project, or multimodal project.
(Added Pub. L. 114–94, div. A, title IX, § 9001(a), Dec. 4, 2015, 129 Stat. 1612; amended Pub. L. 115–56, div. D, § 164(a), as added Pub. L. 115–123, div. B, § 20101(2), Feb. 9, 2018, 132 Stat. 121.)
§ 117.
Council on Credit and Finance
(a)
Establishment.—
The Secretary of Transportation shall establish a Council on Credit and Finance in accordance with this section.
(b)
Membership.—
(1)
In general.—
The Council shall be composed of the following members:
(A) The Deputy Secretary of Transportation.
(B) The Under Secretary of Transportation for Policy.
(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.
(D) The General Counsel of the Department of Transportation.
(E) The Assistant Secretary for Transportation Policy.
(F) The Administrator of the Federal Highway Administration.
(G) The Administrator of the Federal Transit Administration.
(H) The Administrator of the Federal Railroad Administration.
(2)
Additional members.—
The Secretary may designate up to 3 additional officials of the Department to serve as at-large members of the Council.
(3)
Chairperson and vice chairperson.—
(A)
Chairperson.—
The Deputy Secretary of Transportation shall serve as the chairperson of the Council.
(B)
Vice chairperson.—
The Chief Financial Officer and Assistant Secretary for Budget and Programs shall serve as the vice chairperson of the Council.
(4)
Executive director.—
The Executive Director of the National Surface Transportation and Innovative Finance Bureau shall serve as a nonvoting member of the Council.
(c)
Duties.—
The Council shall—
(1) review applications for assistance submitted under the programs referred to in subparagraphs (A), (B), and (C) of section 116(d)(1);
(2) review applications for assistance submitted under the program referred to in section 116(d)(1)(D), as determined appropriate by the Secretary;
(3) make recommendations to the Secretary regarding the selection of projects to receive assistance under such programs;
(4) review, on a regular basis, projects that received assistance under such programs; and
(5) carry out such additional duties as the Secretary may prescribe.
(Added Pub. L. 114–94, div. A, title IX, § 9002(a), Dec. 4, 2015, 129 Stat. 1618.)