Title 49, TransportationRelease 119-110

§44943 Performance Management System

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

Last updated Sep 22, 2026|Official source

Summary

The TSA Administrator must create a system to measure how well the agency, managers, and staff perform. The system will set agency, manager, and individual goals under the performance plan. Each year the Secretary of Homeland Security and the TSA Administrator must make an agreement setting goals for the Administrator. Each year the Administrator must make agreements with their senior managers and with other employees hired under their authority to set organization and individual goals. If contracts are used to carry out the Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the TSA Administrator must, when practical, maximize using performance-based service contracts and follow the Office of Federal Procurement Policy guidelines.

Full Legal Text

Title 49, §44943

Transportation, Source: USLM XML via OLRC

(a)Establishing a Fair and Equitable System for Measuring Staff Performance.—
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)Establishing Management Accountability for Meeting Performance Goals.—
(1)In general.—
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)Goals.—
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)Performance-Based Service Contracting.—
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 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110