Title 49 — Transportation
Part A · Chapter 449 — Security
§ 44938. Reports
Statutory text
Transportation Security.—
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—
an assessment of trends and developments in terrorist activities, methods, and other threats to transportation;
an evaluation of deployment of explosive detection devices;
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;
identification and evaluation of cooperative efforts with other departments, agencies, and instrumentalities of the United States Government;
an evaluation of cooperation with foreign transportation and security authorities;
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;
a summary of the activities of the Director of Intelligence and Security in the 12-month period ending on the date of the report;
financial and staffing requirements of the Director;
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
appropriate legislative and regulatory recommendations.
Screening and Foreign Air Carrier and Airport Security.—
The Administrator of the Transportation Security Administration shall submit biennially to Congress a report—
on the effectiveness of procedures under section 44901 of this title;
that includes a summary of the assessments conducted under section 44907(a)(1) and (2) of this title; and
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—
at which the Administrator of the Transportation Security Administration decides that Foreign Security Liaison Officers are necessary for air transportation security; and
for which extraordinary security measures are in place.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 44938
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1220
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1220Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Pub. L. 103–305 title V § 502 · 108 Stat. 1569
Substituted · 49 U.S.C. § 44938(a)
Pub. L. 103–305 substituted “March 31” for “December 31”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–305 substituted “March 31” for “December 31”.Enacted provision · exact public law section
SEC. 502. TRANSPORTATION SECURITY REPORT. Section 44938(a) is amended by striking “December 31” and inserting “March 31”.Federal Reports Elimination Act of 1998
Pub. L. 105–362 § 1502(b)(1) · 112 Stat. 3280
Substituted · 49 U.S.C. § 44938(a)
Pub. L. 105–362, § 1502(b)(1), in second sentence of introductory provisions, substituted “biennial report” for “annual report”
Inserted · 49 U.S.C. § 44938(a)
Pub. L. 105–362, § 1502(b)(1), in second sentence of introductory provisions, inserted “in each year the Administrator submits the biennial report” after “subsection (b) of this section”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) in the second sentence of subsection (a)— (A) by striking “annual” and inserting “biennial”; and (B) by inserting “in each year the Administrator submits the biennial report” before the comma;Federal Reports Elimination Act of 1998
Pub. L. 105–362 § 1502(b)(2) · 112 Stat. 3280
Substituted · 49 U.S.C. § 44938(b)
Pub. L. 105–362, § 1502(b)(2), substituted “biennially” for “annually” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–362, § 1502(b)(2), substituted “biennially” for “annually” in introductory provisions.Enacted provision · exact public law section
(2) in subsection (b) by striking “annually” and inserting “biennially”; andFederal Reports Elimination Act of 1998
Pub. L. 105–362 § 1502(b)(3) · 112 Stat. 3280
Struck · 49 U.S.C. § 44938(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(3) by striking subsection (c).Aviation and Transportation Security Act
Pub. L. 107–71 § 101(f)(7) · 115 Stat. 597
Substituted · 49 U.S.C. § 44938(a)
Pub. L. 107–71, § 101(f)(7), (9), in introductory provisions, substituted “Under Secretary” for “Administrator”
Substituted · 49 U.S.C. § 44938(a)
Pub. L. 107–71, § 101(f)(7), (9), in introductory provisions, substituted “of Transportation for Security” for “of the Federal Aviation Administration”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(7) by striking “Administrator” each place it appears in such chapter (except in subsections (f) and (h) of section 44936) and inserting “Under Secretary”;Aviation and Transportation Security Act
Pub. L. 107–71 § 101(f)(7) · 115 Stat. 597
Substituted · 49 U.S.C. § 44938(a)(9)
Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator”.Enacted provision · exact public law section
(7) by striking “Administrator” each place it appears in such chapter (except in subsections (f) and (h) of section 44936) and inserting “Under Secretary”;Aviation and Transportation Security Act
Pub. L. 107–71 § 101(f)(7) · 115 Stat. 597
Substituted · 49 U.S.C. § 44938(b)
Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions and par. (3)(A)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions and par. (3)(A).Enacted provision · exact public law section
(7) by striking “Administrator” each place it appears in such chapter (except in subsections (f) and (h) of section 44936) and inserting “Under Secretary”;TSA Modernization Act
Pub. L. 115–254 § 1991(d)(29)(B) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44938
Pub. L. 115–254, § 1991(d)(29)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing
Source evidence
Code amendment note
Pub. L. 115–254, § 1991(d)(29)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing.Enacted provision · exact public law section
(B) by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”;TSA Modernization Act
Pub. L. 115–254 § 1991(d)(29)(A) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44938(a)
Pub. L. 115–254, § 1991(d)(29)(A), substituted “Secretary of Homeland Security” for “Secretary of Transportation” in introductory provisions
Substituted · 49 U.S.C. § 44938(a)
Pub. L. 115–254, § 1991(d)(29)(A), substituted “Administrator of the Transportation Security Administration submits under subsection (b)” for “Under Secretary of Transportation for Security submits under subsection (b)” in introductory provisions
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(A) in subsection (a)— (i) by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; and (ii) by striking “Secretary of Transportation” and inserting “Secretary of Homeland Security”; and
13 of 13 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (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
Amendments1994–2018 · 4 rounds
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 Requirements
For termination, effective , 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.