49 U.S.C. § 44941 — Immunity for reporting suspicious activi-

Page 1519 TITLE 49—TRANSPORTATION § 44942 IMPOSITION OF FEE INCREASE Pub. L. 113–67, div. A, title VI, § 601(d), Dec. 26, 2013, 127 Stat. 1188, provided that: ‘‘The Secretary of Home- land Security shall implement the fee increase author- ized by the amendment made by subsection (b) [amend- ing this section]— ‘‘(1) beginning on July 1, 2014; and ‘‘(2) through the publication of notice of such fee in the Federal Register, notwithstanding section 9701 of title 31, United States Code, and the procedural re- quirements of section 553 of title 5, United States Code.’’ CONTINUED AVAILABILITY OF EXISTING BALANCES Pub. L. 113–67, div. A, title VI, § 601(e), Dec. 26, 2013, 127 Stat. 1188, provided that: ‘‘The amendments made by this section [amending this section] shall not affect the availability of funds made available under section 44940(i) of title 49, United States Code, before the date of enactment of this Act [Dec. 26, 2013].’’ § 44941. Immunity for reporting suspicious activi- ties (a) IN GENERAL.—Any air carrier or foreign air carrier or any employee of an air carrier or for- eign air carrier who makes a voluntary disclo- sure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism, as defined by section 3077 of title 18, United States Code, to any employee or agent of the Department of Transportation, the Department of Homeland Security, the Depart- ment of Justice, any Federal, State, or local law enforcement officer, or any airport or airline se- curity officer shall not be civilly liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure. (b) APPLICATION.—Subsection (a) shall not apply to— (1) any disclosure made with actual knowl- edge that the disclosure was false, inaccurate, or misleading; or (2) any disclosure made with reckless dis- regard as to the truth or falsity of that disclo- sure. (Added Pub. L. 107–71, title I, § 125(a), Nov. 19, 2001, 115 Stat. 631; amended Pub. L. 115–254, div. K, title I, § 1991(d)(32), Oct. 5, 2018, 132 Stat. 3640.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254 inserted ‘‘the De- partment of Homeland Security,’’ after ‘‘Department of Transportation,’’. § 44942. Performance goals and objectives (a) SHORT TERM TRANSITION.— (1) IN GENERAL.—The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and Congress— (A) establish acceptable levels of perform- ance for aviation security, including screen- ing operations and access control; and (B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of perform- ance will be achieved. (2) BASICS OF ACTION PLAN.—The action plan shall clarify the responsibilities of the Trans- portation Security Administration, the Fed- eral Aviation Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system. (b) LONG-TERM RESULTS-BASED MANAGE- MENT.— (1) PERFORMANCE PLAN.— (A) Each year, consistent with the require- ments of the Government Performance and Results Act of 1993 (GPRA), the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree on a performance plan for the succeeding 5 years that establishes measur- able goals and objectives for aviation secu- rity. The plan shall identify action steps necessary to achieve such goals. (B) In addition to meeting the require- ments of GPRA, the performance plan should clarify the responsibilities of the Sec- retary of Homeland Security, the Adminis- trator of the Transportation Security Ad- ministration, and any other agency or orga- nization that may have a role in ensuring the safety and security of the civil air trans- portation system. (2) PERFORMANCE REPORT.—Each year, con- sistent with the requirements of GPRA, the Administrator of the Transportation Security Administration shall prepare and submit to Congress an annual report including an eval- uation of the extent goals and objectives were met. The report shall include the results achieved during the year relative to the goals established in the performance plan. (Added Pub. L. 107–71, title I, § 130, Nov. 19, 2001, 115 Stat. 633; amended Pub. L. 115–254, div. K, title I, § 1991(d)(33), Oct. 5, 2018, 132 Stat. 3640.) Editorial Notes REFERENCES IN TEXT The Government Performance and Results Act of 1993, referred to in subsec. (b), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under sec- tion 1101 of Title 31 and Tables. AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–254, § 1991(d)(33)(A)(i)(I), in introductory provisions, sub- stituted ‘‘The Administrator of the Transportation Se- curity Administration may, in consultation with other relevant Federal agencies and’’ for ‘‘Within 180 days after the date of enactment of the Aviation and Trans- portation Security Act, the Under Secretary for Trans- portation Security may, in consultation with’’. Subsec. (a)(1)(A). Pub. L. 115–254, § 1991(d)(33)(A)(i)(II), substituted ‘‘; and’’ for ‘‘, and’’. Subsec. (a)(2). Pub. L. 115–254, § 1991(d)(33)(A)(ii), in- serted comma after ‘‘Federal Aviation Administra- tion’’. Subsec. (b). Pub. L. 115–254, § 1991(d)(33)(B)(i), (ii), struck out par. (1) designation and heading ‘‘Perform-