§44938 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Homeland Security must send Congress a report on transportation security each year by March 31. The report is made along with the TSA Administrator’s two‑year report when that is sent, but it must not repeat what the TSA already reports or what is in section 44907(a)(3). The report can have a classified part and an unclassified part. It must cover trends and threats from terrorism to transportation; how explosive detection devices are being used; recommendations for research and development (except aviation R&D covered under section 44501(c)); how DHS is working with other U.S. agencies and with foreign authorities; progress on the President’s Commission on Aviation Security and Terrorism recommendations and any delays; a 12‑month summary of the Director of Intelligence and Security’s activities; the Director’s budget and staff needs; TSA security staffing and funding needs and progress toward staffing goals; and suggested laws or regulations. The Administrator of the Transportation Security Administration must send Congress a report every two years. That report must describe how well the procedures under section 44901 are working, include the summaries called for under section 44907(a)(1) and (2), and assess steps and progress to meet section 44906 for each foreign air carrier security program at airports outside the United States where Foreign Security Liaison Officers are needed and where extraordinary security measures exist.

Title 49, §44938

Transportation — Source: USLM XML via OLRC

(a)Not later than March 31 of each year, the Secretary of Homeland Security shall submit to Congress a report on transportation security with recommendations the Secretary considers appropriate. The report shall be prepared in conjunction with the biennial report the Administrator of the Transportation Security Administration submits under subsection (b) of this section in each year the Administrator of the Transportation Security Administration submits the biennial report, but may not duplicate the information submitted under subsection (b) or section 44907(a)(3) of this title. The Secretary may submit the report in classified and unclassified parts. The report shall include—

(1)an assessment of trends and developments in terrorist activities, methods, and other threats to transportation;

(2)an evaluation of deployment of explosive detection devices;

(3)recommendations for research, engineering, and development activities related to transportation security, except research engineering and development activities related to aviation security to the extent those activities are covered by the national aviation research plan required under section 44501(c) of this title;

(4)identification and evaluation of cooperative efforts with other departments, agencies, and instrumentalities of the United States Government;

(5)an evaluation of cooperation with foreign transportation and security authorities;

(6)the status of the extent to which the recommendations of the President’s Commission on Aviation Security and Terrorism have been carried out and the reasons for any delay in carrying out those recommendations;

(7)a summary of the activities of the Director of Intelligence and Security in the 12-month period ending on the date of the report;

(8)financial and staffing requirements of the Director;

(9)an assessment of financial and staffing requirements, and attainment of existing staffing goals, for carrying out duties and powers of the Administrator of the Transportation Security Administration related to security; and

(10)appropriate legislative and regulatory recommendations.

(b)The Administrator of the Transportation Security Administration shall submit biennially to Congress a report—

(1)on the effectiveness of procedures under section 44901 of this title;

(2)that includes a summary of the assessments conducted under section 44907(a)(1) and (2) of this title; and

(3)that includes an assessment of the steps being taken, and the progress being made, in ensuring compliance with section 44906 of this title for each foreign air carrier security program at airports outside the United States—

(A)at which the Administrator of the Transportation Security Administration decides that Foreign Security Liaison Officers are necessary for air transportation security; and

(B)for which extraordinary security measures are in place.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 44938(a)49 App.:1356(b).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 315(b); added Nov. 16, 1990, Pub. L. 101–604, § 102(a), 104 Stat. 3068. 44938(b)(1), (2)49 App.:1356(a) (3d sentence 1st–18th words, last sentence).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 315(a) (3d sentence 1st–18th words, last sentence); added Aug. 5, 1974, Pub. L. 93–366, § 202, 88 Stat. 415; Aug. 8, 1985, Pub. L. 99–83, § 551(b)(1), 99 Stat. 225; Nov. 16, 1990, Pub. L. 101–604, § 102(b), 104 Stat. 3069. 44938(b)(3)49 App.:1357(k)(4).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 316(k)(4); added Nov. 16, 1990, Pub. L. 101–604, § 105(a), 104 Stat. 3074. 44938(c)49 App.:1357 (note).Nov. 16, 1990, Pub. L. 101–604, § 106(d), 104 Stat. 3075. In subsection (a), before clause (1), the words “each year” are substituted for “of calendar year 1991 and of each calendar year thereafter” to eliminate unnecessary words. In clauses (8) and (9), the word “financial” is substituted for “funding” for clarity and consistency in the revised title and with other titles of the United States Code. In subsection (b)(1), the word “screening” is omitted as surplus. In subsection (b)(2), the words “a summary of the assessments conducted under section 44907(a)(1) and (2) of this title” are substituted for “the information described in section 1515(c) of this Appendix” for clarity. In subsection (b)(3), before clause (A), the words “that includes” are substituted for “The Administrator shall submit to Congress as part of the annual report required by section 315(a)” because of the restatement.

Editorial Notes

Amendments

2018—Pub. L. 115–254, § 1991(d)(29)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing. Subsec. (a). Pub. L. 115–254, § 1991(d)(29)(A), substituted “Secretary of Homeland Security” for “Secretary of Transportation” and “Administrator of the Transportation Security Administration submits under subsection (b)” for “Under Secretary of Transportation for Security submits under subsection (b)” in introductory provisions. 2001—Subsec. (a). Pub. L. 107–71, § 101(f)(7), (9), in introductory provisions, substituted “Under Secretary” for “Administrator” in two places and “of Transportation for Security” for “of the Federal Aviation Administration”. Subsec. (a)(9). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator”. Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions and par. (3)(A). 1998—Subsec. (a). Pub. L. 105–362, § 1502(b)(1), in second sentence of introductory provisions, substituted “biennial report” for “annual report” and inserted “in each year the Administrator submits the biennial report” after “subsection (b) of this section”. Subsec. (b). Pub. L. 105–362, § 1502(b)(2), substituted “biennially” for “annually” in introductory provisions. Subsec. (c). Pub. L. 105–362, § 1502(b)(3), struck out heading and text of subsec. (c). Text read as follows: “The Administrator shall submit to Congress an annual report for each of the calendar years 1991 and 1992 on the progress being made, and the problems occurring, in carrying out section 44904 of this title. The report shall include recommendations for improving domestic air transportation security.” 1994—Subsec. (a). Pub. L. 103–305 substituted “March 31” for “December 31”.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 8th item on page 132 and the 11th item on page 138 identify reporting provisions which, as subsequently amended, are contained, respectively, in subsecs. (a) and (b)(1), (2) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

§44938 Reports