49 U.S.C. § 44931 — Authority to exempt

Page 1503 TITLE 49—TRANSPORTATION § 44931 Security Administration and the Secretary of Veterans Affairs shall jointly— ‘‘(1) implement a process under which a veteran de- scribed in paragraph (2) of subsection (g) of section 44927 of title 49, United States Code, as added by sub- section (a), can receive the benefits under such sub- section by not later than one year after the date of enactment of this Act [Jan. 4, 2025]; and ‘‘(2) provide to the Committee on Homeland Secu- rity and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Veterans’ Affairs of the Senate a brief- ing on the status of implementing the process re- quired by paragraph (1) by not later than one year after the date of the enactment of this Act.’’ OUTREACH FOR DISABLED VETERANS ON AVAILABILITY OF TRANSPORTATION SECURITY ADMINISTRATION PRO- GRAMS Pub. L. 118–238, § 2(c), Jan. 4, 2025, 138 Stat. 2924, pro- vided that: ‘‘(1) COORDINATION.—The Secretary of Veterans Af- fairs and the Administrator of the Transportation Se- curity Administration shall implement a process under which such Secretary provides to disabled veterans ef- fective outreach regarding Transportation Security Ad- ministration programs designed to improve the screen- ing process for passengers with disabilities. ‘‘(2) FURTHER ENHANCEMENTS TO EASE AIR TRAVEL FOR WOUNDED WARRIORS AND OTHER DISABLED VETERANS.— Notwithstanding subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ‘Pa- perwork Reduction Act’), or any other provision of law, the Secretary of Veterans Affairs, in coordination with the Administrator of the Transportation Security Ad- ministration, shall— ‘‘(A) engage appropriate veterans service organiza- tions and other relevant organizations, as appro- priate, to assess the awareness of veterans of relevant Transportation Security Administration programs; and ‘‘(B) examine the need and feasibility of other measures to improve travel security procedures for disabled veterans. ‘‘(3) BRIEFING REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act [Jan. 4, 2025], the Secretary of Veterans Affairs and the Admin- istrator of the Transportation Security Administration shall jointly provide to the Committee on Homeland Security and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Home- land Security and Governmental Affairs and the Com- mittee on Veterans’ Affairs of the Senate a briefing on the status of the implementation of paragraphs (1) and (2).’’ § 44928. Honor Flight program The Administrator of the Transportation Se- curity Administration shall establish, in col- laboration with the Honor Flight Network or other not-for-profit organization that honors veterans, a process for providing expedited and dignified passenger screening services for vet- erans traveling on an Honor Flight Network pri- vate charter, or such other not-for-profit organi- zation that honors veterans, to visit war memo- rials built and dedicated to honor the service of such veterans. (Added Pub. L. 113–221, § 2(a), Dec. 16, 2014, 128 Stat. 2094.) § 44929. Donation of screening equipment to pro- tect the United States (a) IN GENERAL.—Subject to subsection (b), the Administrator is authorized to donate security screening equipment to a foreign last point of departure airport operator if such equipment can be reasonably expected to mitigate a spe- cific vulnerability to the security of the United States or United States citizens. (b) CONDITIONS.—Before donating any security screening equipment to a foreign last point of departure airport operator the Administrator shall— (1) ensure that the screening equipment has been restored to commercially available set- tings; (2) ensure that no TSA-specific security standards or algorithms exist on the screening equipment; and (3) verify that the appropriate officials have an adequate system— (A) to properly maintain and operate the screening equipment; and (B) to document and track any removal or disposal of the screening equipment to en- sure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security. (c) REPORTS.—Not later than 30 days before any donation of security screening equipment under subsection (a), the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Home- land Security of the House of Representatives a detailed written explanation of the following: (1) The specific vulnerability to the United States or United States citizens that will be mitigated by such donation. (2) An explanation as to why the recipient of such donation is unable or unwilling to pur- chase security screening equipment to miti- gate such vulnerability. (3) An evacuation plan for sensitive tech- nologies in case of emergency or instability in the country to which such donation is being made. (4) How the Administrator will ensure the security screening equipment that is being do- nated is used and maintained over the course of its life by the recipient. (5) The total dollar value of such donation. (6) How the appropriate officials will docu- ment and track any removal or disposal of the screening equipment by the recipient to en- sure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security. (Added Pub. L. 115–254, div. K, title I, § 1955(a)(1), Oct. 5, 2018, 132 Stat. 3595.) SUBCHAPTER II—ADMINISTRATION AND PERSONNEL § 44931. Authority to exempt The Secretary of Homeland Security may grant an exemption from a regulation prescribed in carrying out sections 44901, 44903, 44906, 44909(c), and 44935–44937 of this title when the Secretary decides the exemption is in the public interest. (Added Pub. L. 115–254, div. K, title I, § 1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.) Page 1504 TITLE 49—TRANSPORTATION § 44932 1 So in original. Probably should be ‘‘Directors’’. Editorial Notes PRIOR PROVISIONS A prior section 44931, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1215, related to the Director of Intel- ligence and Security, prior to repeal by Pub. L. 107–71, title I, § 101(f)(6), Nov. 19, 2001, 115 Stat. 603. § 44932. Administrative (a) GENERAL AUTHORITY.—The Secretary of Homeland Security or the Administrator of the Transportation Security Administration may take action the Secretary or the Administrator considers necessary to carry out this chapter and chapters 461, 463, and 465 of this title, in- cluding conducting investigations, prescribing regulations, standards, and procedures, and issuing orders. (b) INDEMNIFICATION.—The Administrator of the Transportation Security Administration may indemnify an officer or employee of the Transportation Security Administration against a claim or judgment arising out of an act that the Administrator decides was committed with- in the scope of the official duties of the officer or employee. (Added Pub. L. 115–254, div. K, title I, § 1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.) Editorial Notes PRIOR PROVISIONS A prior section 44932, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, § 110(a), Nov. 19, 2001, 115 Stat. 614, related to the Assistant Adminis- trator for Civil Aviation Security, prior to repeal by Pub. L. 107–71, title I, § 101(f)(6), Nov. 19, 2001, 115 Stat. 603. § 44933. Federal Security Managers 1 (a) ESTABLISHMENT, DESIGNATION, AND STA- TIONING.—The Administrator of the Transpor- tation Security Administration shall establish the position of Federal Security Director at each airport in the United States described in section 44903(c). The Administrator of the Trans- portation Security Administration shall des- ignate individuals as Federal Security Directors for, and station those Federal Security Direc- tors at, those airports. (b) DUTIES AND POWERS.—The Federal Security Director at each airport shall— (1) oversee the screening of passengers and property at the airport; and (2) carry out other duties prescribed by the Administrator of the Transportation Security Administration. (c) INFORMATION SHARING.—Not later than 1 year after the date of the enactment of the TSA Modernization Act, the Administrator shall— (1) require each Federal Security Director of an airport to meet at least quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each such airport to discuss incident management protocols, including the resolution of screen- ing anomalies at passenger screening check- points; and (2) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport se- curity coordinator in a timely manner on se- curity matters impacting airport operations and to establish and maintain operational pro- tocols with such airport operators to ensure coordinated responses to security matters. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1216; Pub. L. 107–71, title I, §§ 101(f)(4), 103, Nov. 19, 2001, 115 Stat. 603, 605; Pub. L. 115–254, div. K, title I, §§ 1989(a), 1991(d)(24), Oct. 5, 2018, 132 Stat. 3624, 3637.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44933(a) ...... 49 App.:1358b(a)(1), (2), (4). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 319(a); added Nov. 16, 1990, Pub. L. 101–604, § 104, 104 Stat. 3070. 44933(b) ...... 49 App.:1358b(a)(3). 44933(c) ...... 49 App.:1358b(a)(5). In subsection (a), the words ‘‘Not later than 90 days after November 16, 1990’’ are omitted as obsolete. The words ‘‘The Administrator shall designate individuals as Managers for, and station those Managers at, those airports’’ are substituted for ‘‘and shall begin desig- nating persons as such Managers and stationing such Managers at such airports’’ for clarity and because of the restatement. The words ‘‘and designate a current field employee of the Administration as a Manager’’ are substituted for ‘‘assign the functions and respon- sibilities described in this section to existing Federal Aviation Administration field personnel and designate such personnel accordingly’’ to eliminate unnecessary words. The words ‘‘to the office of’’ are omitted as un- necessary. The words ‘‘Not later than 1 year after No- vember 16, 1990’’ are omitted as obsolete. The words ‘‘Secretary of Transportation’’ are substituted for ‘‘De- partment of Transportation’’ because of 49:102. In subsection (b), before clause (1), the words ‘‘The Manager at each airport shall’’ are substituted for ‘‘The responsibilities of a Federal Security Manager shall include the following’’ to eliminate unnecessary words. In clause (2)(A), the words ‘‘air carrier’’ are sub- stituted for ‘‘such air carrier’’ because this is the first time the term is used in the source provisions. In clause (3), the words ‘‘United States Government’’ are substituted for ‘‘Federal’’ for clarity and consistency in the revised title and with other titles of the United States Code. In clause (7), the words ‘‘other Managers’’ are substituted for ‘‘Federal Security Managers at other airports, as appropriate’’ to eliminate unneces- sary words. In subsection (c), the words ‘‘duties and powers’’ are substituted for ‘‘responsibilities’’ for clarity and con- sistency in the revised title and with other titles of the Code. Editorial Notes REFERENCES IN TEXT The date of the enactment of the TSA Modernization Act, referred to in subsec. (c), is the date of the enact- ment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254, § 1991(d)(24)(C), sub- stituted ‘‘Administrator of the Transportation Secu- rity Administration shall designate’’ for ‘‘Under Sec- retary shall designate’’. Pub. L. 115–254, § 1991(d)(24)(A), substituted ‘‘Adminis- trator of the Transportation Security Administration shall establish’’ for ‘‘Under Secretary of Transpor- tation for Security shall establish’’, ‘‘Federal Security Director’’ for ‘‘Federal Security Manager’’, and, in two places, ‘‘Federal Security Directors’’ for ‘‘Managers’’.