Title 49TransportationRelease 119-73

§44943 Performance management system

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart iii— - safety › Chapter CHAPTER 449— - SECURITY › Subchapter SUBCHAPTER II— - ADMINISTRATION AND PERSONNEL › § 44943

Last updated Apr 6, 2026|Official source

Summary

The Administrator of the Transportation Security Administration must create a performance management system to make TSA more effective by setting goals and objectives for the agency, its managers, and its employees that match the agency’s performance plan. Each year the Secretary of Homeland Security and the Administrator must sign a performance agreement that sets the Administrator’s organization and personal goals. Each year the Administrator and every senior manager who reports to the Administrator must make a performance agreement with organizational and individual goals, and other employees hired under the Administrator’s authority must have yearly agreements with similar goals. When contracts are used to carry out the Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the Administrator should, when practical, use performance-based service contracts as much as possible and follow the Office of Federal Procurement Policy’s guidance.

Full Legal Text

Title 49, §44943

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(a)The Administrator of the Transportation Security Administration shall establish a performance management system which strengthens the organization’s effectiveness by providing for the establishment of goals and objectives for managers, employees, and organizational performance consistent with the performance plan.
(b)(1)Each year, the Secretary of Homeland Security and Administrator of the Transportation Security Administration shall enter into an annual performance agreement that shall set forth organizational and individual performance goals for the Administrator of the Transportation Security Administration.
(2)Each year, the Administrator of the Transportation Security Administration and each senior manager who reports to the Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the authority of the Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those employees.
(c)To the extent contracts, if any, are used to implement the Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the Administrator of the Transportation Security Administration shall, to the extent practical, maximize the use of performance-based service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Aviation and Transportation Security Act, referred to in subsec. (c), is Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete classification of this Act to the Code, see

Short Title

of 2001 Amendment note set out under section 40101 of this title and Tables.

Amendments

2018—Subsec. (a). Pub. L. 115–254, § 1991(d)(34)(A), substituted “Administrator of the Transportation Security Administration” for “Under Secretary for Transportation Security”. Subsec. (b)(1). Pub. L. 115–254, § 1991(d)(34)(B)(i), substituted “Secretary of Homeland Security and Administrator of the Transportation Security Administration” for “Secretary and Under Secretary of Transportation for Security” and “for the Administrator of the Transportation Security Administration” for “for the Under Secretary”. Subsec. (b)(2). Pub. L. 115–254, § 1991(d)(34)(B)(ii), substituted “Administrator of the Transportation Security Administration and” for “Under Secretary and” and, in two places, substituted “Administrator shall” for “Under Secretary shall”. Subsec. (c). Pub. L. 115–254, § 1991(d)(34)(C), substituted “Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the Administrator of the Transportation Security Administration” for “Aviation Security Act, the Under Secretary for Transportation Security”.

Reference

Citations & Metadata

Citation

49 U.S.C. § 44943

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73