49 USC 114(s): Nondisclosure of security activities

          
Sec. 114. Transportation Security Administration

    (a) In General.--The Transportation Security Administration shall be 
an administration of the Department of Transportation.
    (b) Under Secretary.--
        (1) Appointment.--The head of the Administration shall be the 
    Under Secretary of Transportation for Security. The Under Secretary 
    shall be appointed by the President, by and with the advice and 
    consent of the Senate.
        (2) Qualifications.--The Under Secretary must--
            (A) be a citizen of the United States; and
            (B) have experience in a field directly related to 
        transportation or security.

        (3) Term.--The term of office of an individual appointed as the 
    Under Secretary shall be 5 years.

    (c) Limitation on Ownership of Stocks and Bonds.--The Under 
Secretary may not own stock in or bonds of a transportation or security 
enterprise or an enterprise that makes equipment that could be used for 
security purposes.
    (d) Functions.--The Under Secretary shall be responsible for 
security in all modes of transportation, including--
        (1) carrying out chapter 449, relating to civil aviation 
    security, and related research and development activities; and
        (2) security responsibilities over other modes of transportation 
    that are exercised by the Department of Transportation.

    (e) Screening Operations.--The Under Secretary shall--
        (1) be responsible for day-to-day Federal security screening 
    operations for passenger air transportation and intrastate air 
    transportation under sections 44901 and 44935;
        (2) develop standards for the hiring and retention of security 
    screening personnel;
        (3) train and test security screening personnel; and
        (4) be responsible for hiring and training personnel to provide 
    security screening at all airports in the United States where 
    screening is required under section 44901, in consultation with the 
    Secretary of Transportation and the heads of other appropriate 
    Federal agencies and departments.

    (f) Additional Duties and Powers.--In addition to carrying out the 
functions specified in subsections (d) and (e), the Under Secretary 
shall--
        (1) receive, assess, and distribute intelligence information 
    related to transportation security;
        (2) assess threats to transportation;
        (3) develop policies, strategies, and plans for dealing with 
    threats to transportation security;
        (4) make other plans related to transportation security, 
    including coordinating countermeasures with appropriate departments, 
    agencies, and instrumentalities of the United States Government;
        (5) serve as the primary liaison for transportation security to 
    the intelligence and law enforcement communities;
        (6) on a day-to-day basis, manage and provide operational 
    guidance to the field security resources of the Administration, 
    including Federal Security Managers as provided by section 44933;
        (7) enforce security-related regulations and requirements;
        (8) identify and undertake research and development activities 
    necessary to enhance transportation security;
        (9) inspect, maintain, and test security facilities, equipment, 
    and systems;
        (10) ensure the adequacy of security measures for the 
    transportation of cargo;
        (11) oversee the implementation, and ensure the adequacy, of 
    security measures at airports and other transportation facilities;
        (12) require background checks for airport security screening 
    personnel, individuals with access to secure areas of airports, and 
    other transportation security personnel;
        (13) work in conjunction with the Administrator of the Federal 
    Aviation Administration with respect to any actions or activities 
    that may affect aviation safety or air carrier operations;
        (14) work with the International Civil Aviation Organization and 
    appropriate aeronautic authorities of foreign governments under 
    section 44907 to address security concerns on passenger flights by 
    foreign air carriers in foreign air transportation; and
        (15) carry out such other duties, and exercise such other 
    powers, relating to transportation security as the Under Secretary 
    considers appropriate, to the extent authorized by law.

    (g) National Emergency Responsibilities.--
        (1) In general.--Subject to the direction and control of the 
    Secretary, the Under Secretary, during a national emergency, shall 
    have the following responsibilities:
            (A) To coordinate domestic transportation, including 
        aviation, rail, and other surface transportation, and maritime 
        transportation (including port security).
            (B) To coordinate and oversee the transportation-related 
        responsibilities of other departments and agencies of the 
        Federal Government other than the Department of Defense and the 
        military departments.
            (C) To coordinate and provide notice to other departments 
        and agencies of the Federal Government, and appropriate agencies 
        of State and local governments, including departments and 
        agencies for transportation, law enforcement, and border 
        control, about threats to transportation.
            (D) To carry out such other duties, and exercise such other 
        powers, relating to transportation during a national emergency 
        as the Secretary shall prescribe.

        (2) Authority of other departments and agencies.--The authority 
    of the Under Secretary under this subsection shall not supersede the 
    authority of any other department or agency of the Federal 
    Government under law with respect to transportation or 
    transportation-related matters, whether or not during a national 
    emergency.
        (3) Circumstances.--The Secretary shall prescribe the 
    circumstances constituting a national emergency for purposes of this 
    subsection.

    (h) Management of Security Information.--In consultation with the 
Transportation Security Oversight Board, the Under Secretary shall--
        (1) enter into memoranda of understanding with Federal agencies 
    or other entities to share or otherwise cross-check as necessary 
    data on individuals identified on Federal agency databases who may 
    pose a risk to transportation or national security;
        (2) establish procedures for notifying the Administrator of the 
    Federal Aviation Administration, appropriate State and local law 
    enforcement officials, and airport or airline security officers of 
    the identity of individuals known to pose, or suspected of posing, a 
    risk of air piracy or terrorism or a threat to airline or passenger 
    safety;
        (3) in consultation with other appropriate Federal agencies and 
    air carriers, establish policies and procedures requiring air 
    carriers--
            (A) to use information from government agencies to identify 
        individuals on passenger lists who may be a threat to civil 
        aviation or national security; and
            (B) if such an individual is identified, notify appropriate 
        law enforcement agencies, prevent the individual from boarding 
        an aircraft, or take other appropriate action with respect to 
        that individual; and

        (4) consider requiring passenger air carriers to share passenger 
    lists with appropriate Federal agencies for the purpose of 
    identifying individuals who may pose a threat to aviation safety or 
    national security.

    (i) View of NTSB.--In taking any action under this section that 
could affect safety, the Under Secretary shall give great weight to the 
timely views of the National Transportation Safety Board.
    (j) Acquisitions.--
        (1) In general.--The Under Secretary is authorized--
            (A) to acquire (by purchase, lease, condemnation, or 
        otherwise) such real property, or any interest therein, within 
        and outside the continental United States, as the Under 
        Secretary considers necessary;
            (B) to acquire (by purchase, lease, condemnation, or 
        otherwise) and to construct, repair, operate, and maintain such 
        personal property (including office space and patents), or any 
        interest therein, within and outside the continental United 
        States, as the Under Secretary considers necessary;
            (C) to lease to others such real and personal property and 
        to provide by contract or otherwise for necessary facilities for 
        the welfare of its employees and to acquire, maintain, and 
        operate equipment for these facilities;
            (D) to acquire services, including such personal services as 
        the Secretary determines necessary, and to acquire (by purchase, 
        lease, condemnation, or otherwise) and to construct, repair, 
        operate, and maintain research and testing sites and facilities; 
        and
            (E) in cooperation with the Administrator of the Federal 
        Aviation Administration, to utilize the research and development 
        facilities of the Federal Aviation Administration.

        (2) Title.--Title to any property or interest therein acquired 
    pursuant to this subsection
    shall be held by the Government of the United States.

    (k) Transfers of Funds.--The Under Secretary is authorized to accept 
transfers of unobligated balances and unexpended balances of funds 
appropriated to other Federal agencies (as such term is defined in 
section 551(1) of title 5) to carry out functions transferred, on or 
after the date of enactment of the Aviation and Transportation Security 
Act, by law to the Under Secretary.
    (l) Regulations.--
        (1) In general.--The Under Secretary is authorized to issue, 
    rescind, and revise such regulations as are necessary to carry out 
    the functions of the Administration.
        (2) Emergency procedures.--
            (A) In general.--Notwithstanding any other provision of law 
        or executive order (including an executive order requiring a 
        cost-benefit analysis), if the Under Secretary determines that a 
        regulation or security directive must be issued immediately in 
        order to protect transportation security, the Under Secretary 
        shall issue the regulation or security directive without 
        providing notice or an opportunity for comment and without prior 
        approval of the Secretary.
            (B) Review by transportation security oversight board.--Any 
        regulation or security directive issued under this paragraph 
        shall be subject to review by the Transportation Security 
        Oversight Board established under section 115. Any regulation or 
        security directive issued under this paragraph shall remain 
        effective for a period not to exceed 90 days unless ratified or 
        disapproved by the Board or rescinded by the Under Secretary.

        (3) Factors to consider.--In determining whether to issue, 
    rescind, or revise a regulation under this section, the Under 
    Secretary shall consider, as a factor in the final determination, 
    whether the costs of the regulation are excessive in relation to the 
    enhancement of security the regulation will provide. The Under 
    Secretary may waive requirements for an analysis that estimates the 
    number of lives that will be saved by the regulation and the 
    monetary value of such lives if the Under Secretary determines that 
    it is not feasible to make such an estimate.
        (4) Airworthiness objections by faa.--
            (A) In general.--The Under Secretary shall not take an 
        aviation security action under this title if the Administrator 
        of the Federal Aviation Administration notifies the Under 
        Secretary that the action could adversely affect the 
        airworthiness of an aircraft.
            (B) Review by secretary.--Notwithstanding subparagraph (A), 
        the Under Secretary may take such an action, after receiving a 
        notification concerning the action from the Administrator under 
        subparagraph (A), if the Secretary of Transportation 
        subsequently approves the action.

    (m) Personnel and Services; Cooperation by Under Secretary.--
        (1) Authority of under secretary.--In carrying out the functions 
    of the Administration, the Under Secretary shall have the same 
    authority as is provided to the Administrator of the Federal 
    Aviation Administration under subsections (l) and (m) of section 
    106.
        (2) Authority of agency heads.--The head of a Federal agency 
    shall have the same authority to provide services, supplies, 
    equipment, personnel, and facilities to the Under Secretary as the 
    head has to provide services, supplies, equipment, personnel, and 
    facilities to the Administrator of the Federal Aviation 
    Administration under section 106(m).

    (n) Personnel Management System.--The personnel management system 
established by the Administrator of the Federal Aviation Administration 
under section 40122 shall apply to employees of the Transportation 
Security Administration, or, subject to the requirements of such 
section, the Under Secretary may make such modifications to the 
personnel management system with respect to such employees as the Under 
Secretary considers appropriate, such as adopting aspects of other 
personnel systems of the Department of Transportation.
    (o) Acquisition Management System.--The acquisition management 
system established by the Administrator of the Federal Aviation 
Administration under section 40110 shall apply to acquisitions of 
equipment, supplies, and materials by the Transportation Security 
Administration, or, subject to the requirements of such section, the 
Under Secretary may make such modifications to the acquisition 
management system with respect to such acquisitions of equipment, 
supplies, and materials as the Under Secretary considers appropriate, 
such as adopting aspects of other acquisition management systems of the 
Department of Transportation.
    (p) Authority of Inspector General.--The Transportation Security 
Administration shall be subject to the Inspector General Act of 1978 (5 
U.S.C. App.) and other laws relating to the authority of the Inspector 
General of the Department of Transportation.
    (q) Law Enforcement Powers.--
        (1) In general.--The Under Secretary may designate an employee 
    of the Transportation Security Administration or other Federal 
    agency to serve as a law enforcement officer.
        (2) Powers.--While engaged in official duties of the 
    Administration as required to fulfill the responsibilities under 
    this section, a law enforcement officer designated under paragraph 
    (1) may--
            (A) carry a firearm;
            (B) make an arrest without a warrant for any offense against 
        the United States committed in the presence of the officer, or 
        for any felony cognizable under the laws of the United States if 
        the officer has probable cause to believe that the person to be 
        arrested has committed or is committing the felony; and
            (C) seek and execute warrants for arrest or seizure of 
        evidence issued under the authority of the United States upon 
        probable cause that a violation has been committed.

        (3) Guidelines on exercise of authority.--The authority provided 
    by this subsection shall be exercised in accordance with guide
    lines prescribed by the Under Secretary, in consultation with the 
    Attorney General of the United States, and shall include adherence 
    to the Attorney General's policy on use of deadly force.
        (4) Revocation or suspension of authority.--The powers 
    authorized by this subsection may be rescinded or suspended should 
    the Attorney General determine that the Under Secretary has not 
    complied with the guidelines prescribed in paragraph (3) and conveys 
    the determination in writing to the Secretary of Transportation and 
    the Under Secretary.

    (r) Authority To Exempt.--The Under Secretary may grant an exemption 
from a regulation prescribed in carrying out this section if the Under 
Secretary determines that the exemption is in the public interest.

        

            
 
          
    (s) Nondisclosure of Security Activities.--
        (1) In general.--Notwithstanding section 552 of title 5, the 
    Under Secretary shall prescribe regulations prohibiting the 
    disclosure of information obtained or developed in carrying out 
    security under authority of the Aviation and Transportation Security 
    Act (Public Law 107-71) or under chapter 449 of this title if the 
    Under Secretary decides that disclosing the information would--
            (A) be an unwarranted invasion of personal privacy;
            (B) reveal a trade secret or privileged or confidential 
        commercial or financial information; or
            (C) be detrimental to the security of transportation.

        (2) Availability of information to congress.--Paragraph (1) does 
    not authorize information to be withheld from a committee of 
    Congress authorized to have the information.
        (3) Limitation on transferability of duties.--Except as 
    otherwise provided by law, the Under Secretary may not transfer a 
    duty or power under this subsection to another department, agency, 
    or instrumentality of the United States.

    (t) Transportation Security Strategic Planning.--
        (1) In general.--The Secretary of Homeland Security shall 
    develop, prepare, implement, and update, as needed--
            (A) a National Strategy for Transportation Security; and
            (B) transportation modal security plans.

        (2) Role of secretary of transportation.--The Secretary of 
    Homeland Security shall work jointly with the Secretary of 
    Transportation in developing, revising, and updating the documents 
    required by paragraph (1).
        (3) Contents of national strategy for transportation security.--
    The National Strategy for Transportation Security shall include the 
    following:
            (A) An identification and evaluation of the transportation 
        assets in the United States that, in the interests of national 
        security and commerce, must be protected from attack or 
        disruption by terrorist or other hostile forces, including modal 
        security plans for aviation, bridge and tunnel, commuter rail 
        and ferry, highway, maritime, pipeline, rail, mass transit, 
        over-the-road bus, and other public transportation 
        infrastructure assets that could be at risk of such an attack or 
        disruption.
            (B) The development of risk-based priorities across all 
        transportation modes and realistic deadlines for addressing 
        security needs associated with those assets referred to in 
        subparagraph (A).
            (C) The most appropriate, practical, and cost-effective 
        means of defending those assets against threats to their 
        security.
            (D) A forward-looking strategic plan that sets forth the 
        agreed upon roles and missions of Federal, State, regional, and 
        local authorities and establishes mechanisms for encouraging 
        private sector cooperation and participation in the 
        implementation of such plan.
            (E) A comprehensive delineation of response and recovery 
        responsibilities and issues regarding threatened and executed 
        acts of terrorism within the United States.
            (F) A prioritization of research and development objectives 
        that support transportation security needs, giving a higher 
        priority to research and development directed toward protecting 
        vital transportation assets.

        (4) Submissions of plans to congress.--
            (A) Initial strategy.--The Secretary of Homeland Security 
        shall submit the National Strategy for Transportation Security, 
        including the transportation modal security plans, developed 
        under this subsection to the appropriate congressional 
        committees not later than April 1, 2005.
            (B) Subsequent versions.--After December 31, 2005, the 
        Secretary of Homeland Security shall submit the National 
        Strategy for Transportation Security, including the 
        transportation modal security plans and any revisions to the 
        National Strategy for Transportation Security and the 
        transportation modal security plans, to appropriate 
        congressional committees not less frequently than April 1 of 
        each even-numbered year.
            (C) Periodic progress report.--
                (i) Requirement for report.--Each year, in conjunction 
            with the submission of the budget to Congress under section 
            1105(a) of title 31, United States Code, the Secretary of 
            Homeland Security shall submit to the appropriate 
            congressional committees an assessment of the progress made 
            on implementing the National Strategy for Transportation 
            Security.
                (ii) Content.--Each progress report under this 
            subparagraph shall include, at a minimum, recommendations 
            for improving and implementing the National Strategy for 
            Transportation Security and the transportation modal 
            security plans that the Secretary, in consultation with the 
            Secretary of Transportation, considers appropriate.

            (D) Classified material.--Any part of the National Strategy 
        for Transportation Security or the transportation modal security 
        plans that involve information that is prop
        erly classified under criteria established by Executive order 
        shall be submitted to the appropriate congressional committees 
        separately in a classified format.
            (E) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means the Committee on Transportation and Infrastructure and the 
        Select Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.

        (5) Priority Status.--
            (A) In general.--The National Strategy for Transportation 
        Security shall be the governing document for Federal 
        transportation security efforts.
            (B) Other plans and reports.--The National Strategy for 
        Transportation Security shall include, as an integral part or as 
        an appendix--
                (i) the current National Maritime Transportation 
            Security Plan under section 70103 of title 46;
                (ii) the report required by section 44938 of this title;
                (iii) transportation modal security plans required under 
            this section; and
                (iv) any other transportation security plan or report 
            that the Secretary of Homeland Security determines 
            appropriate for inclusion.

(Added Pub. L. 107-71, title I, Sec. 101(a), Nov. 19, 2001, 115 Stat. 
597; amended Pub. L. 107-296, title XVI, Sec. 1601(b), title XVII, 
Sec. 1707, Nov. 25, 2002, 116 Stat. 2312, 2318; Pub. L. 108-7, div. I, 
title III, Sec. 351(d), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108-458, 
title IV, Sec. 4001(a), Dec. 17, 2004, 118 Stat. 3710.)

                       References in Text

    The date of enactment of the Aviation and Transportation Security 
Act, referred to in subsec. (k), is the date of enactment of Pub. L. 
107-71, which was approved Nov. 19, 2001.
    The Inspector General Act of 1978, referred to in subsec. (p), is 
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.
    The Aviation and Transportation Security Act, referred to in subsec. 
(s)(1), is Pub. L. 107-71, Nov. 19, 2001, 115 Stat. 597, as amended. 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

    2004--Subsec. (t). Pub. L. 108-458 added subsec. (t).
    2003--Subsec. (q)(1). Pub. L. 108-7 inserted ``or other Federal 
agency'' after ``Transportation Security Administration''.
    2002--Subsec. (l)(2)(B). Pub. L. 107-296, Sec. 1707, inserted ``for 
a period not to exceed 90 days'' after ``effective'' and ``ratified or'' 
before ``disapproved''.
    Subsec. (s). Pub. L. 107-296, Sec. 1601(b), added subsec. (s).
                    Effective Date of 2004 Amendment

    Pub. L. 108-458, title IV, Sec. 4082, Dec. 17, 2004, 118 Stat. 3732, 
provided that: ``This title [enacting section 44925 of this title, 
amending this section, sections 44903, 44904, 44909, 44917, 44923, 46301 
to 46303, and 48301 of this title, and sections 70102 and 70103 of Title 
46, Shipping, and enacting provisions set out as notes under sections 
44703, 44901, 44913, 44917, 44923, 44925, and 44935 of this title, 
section 2751 of Title 22, Foreign Relations and Intercourse, and section 
70101 of Title 46] shall take effect on the date of enactment of this 
Act [Dec. 17, 2004].''
                    Effective Date of 2002 Amendment

    Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, 
see section 4 of Pub. L. 107-296, set out as an Effective Date note 
under section 101 of Title 6, Domestic Security.

                          Transfer of Functions

    For transfer of functions, personnel, assets, and liabilities of the 
Transportation Security Administration of the Department of 
Transportation, including the functions of the Secretary of 
Transportation, and of the Under Secretary of Transportation for 
Security, relating thereto, to the Secretary of Homeland Security, and 
for treatment of related references, see sections 203(2), 551(d), 
552(d), and 557 of Title 6, Domestic Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.
  Lease of Property to Transportation Security Administration Employees

    Pub. L. 109-90, title V, Sec. 514, Oct. 18, 2005, 119 Stat. 2084, 
provided that: ``Notwithstanding section 3302 of title 31, United States 
Code, for fiscal year 2006 and thereafter, the Administrator of the 
Transportation Security Administration may impose a reasonable charge 
for the lease of real and personal property to Transportation Security 
Administration employees and for use by Transportation Security 
Administration employees and may credit amounts received to the 
appropriation or fund initially charged for operating and maintaining 
the property, which amounts shall be available, without fiscal year 
limitation, for expenditure for property management, operation, 
protection, construction, repair, alteration, and related activities.''
    Similar provisions were contained in the following prior 
appropriation act:
    Pub. L. 108-334, title V, Sec. 516, Oct. 18, 2004, 118 Stat. 1318.
      Acquisition Management System of the Transportation Security 
                             Administration

    Pub. L. 109-90, title V, Sec. 515, Oct. 18, 2005, 119 Stat. 2084, 
provided that: ``For fiscal year 2006 and thereafter, the acquisition 
management system of the Transportation Security Administration shall 
apply to the acquisition of services, as well as equipment, supplies, 
and materials.''
    Similar provisions were contained in the following prior 
appropriation act:
    Pub. L. 108-334, title V, Sec. 517, Oct. 18, 2004, 118 Stat. 1318.
                     Registered Traveler Program Fee

    Pub. L. 109-90, title V, Sec. 540, Oct. 18, 2005, 119 Stat. 2088, 
provided that: ``For fiscal year 2006 and thereafter, notwithstanding 
section 553 of title 5, United States Code, the Secretary of Homeland 
Security shall impose a fee for any registered traveler program 
undertaken by the Department of Homeland Security by notice in the 
Federal Register, and may modify the fee from time to time by notice in 
the Federal Register: Provided, That such fees shall not exceed the 
aggregate costs associated with the program and shall be credited to the 
Transportation Security Administration registered traveler fee account, 
to be available until expended.''
                       Enhanced Security Measures

    Pub. L. 107-71, title I, Sec. 109, Nov. 19, 2001, 115 Stat. 613, as 
amended by Pub. L. 107-296, title XIV, Sec. 1403(b), Nov. 25, 2002, 116 
Stat. 2306, provided that:
    ``(a) In General.--The Under Secretary of Transportation for 
Security may take the following actions:
        ``(1) Require effective 911 emergency call capability for 
    telephones serving passenger aircraft and passenger trains.
        ``(2) Establish a uniform system of identification for all State 
    and local law enforcement personnel for use in obtaining permission 
    to carry weapons in aircraft cabins and in obtaining access to a 
    secured area of an airport, if otherwise authorized to carry such 
    weapons.
        ``(3) Establish requirements to implement trusted passenger 
    programs and use available technologies to expedite the security 
    screening of passengers who participate in such programs, thereby 
    allowing security screening personnel to focus on those passengers 
    who should be subject to more extensive screening.
        ``(4) In consultation with the Commissioner of the Food and Drug 
    Administration, develop alternative security procedures under which 
    a medical product to be transported on a flight of an air carrier 
    would not be subject to an inspection that would irreversibly damage 
    the product.
        ``(5) Provide for the use of technologies, including wireless 
    and wire line data technologies, to enable the private and secure 
    communication of threats to aid in the screening of passengers and 
    other individuals on airport property who are identified on any 
    State or Federal security-related data base for the purpose of 
    having an integrated response coordination of various authorized 
    airport security forces.
        ``(6) In consultation with the Administrator of the Federal 
    Aviation Administration, consider whether to require all pilot 
    licenses to incorporate a photograph of the license holder and 
    appropriate biometric imprints.
        ``(7) Provide for the use of voice stress analysis, biometric, 
    or other technologies to prevent a person who might pose a danger to 
    air safety or security from boarding the aircraft of an air carrier 
    or foreign air carrier in air transportation or intrastate air 
    transportation.
        ``(8) Provide for the use of technology that will permit 
    enhanced instant communications and information between airborne 
    passenger aircraft and appropriate individuals or facilities on the 
    ground.
        ``(9) Require that air carriers provide flight attendants with a 
    discreet, hands-free, wireless method of communicating with the 
    pilots.
    ``(b) Report.--Not later than 6 months after the date of enactment 
of this Act [Nov. 19, 2001], and annually thereafter until the Under 
Secretary has implemented or decided not to take each of the actions 
specified in subsection (a), the Under Secretary shall transmit to 
Congress a report on the progress of the Under Secretary in evaluating 
and taking such actions, including any legislative recommendations that 
the Under Secretary may have for enhancing transportation security.''
    [For definitions of terms used in section 109 of Pub. L. 107-71, set 
out above, see section 133 of Pub. L. 107-71, set out as a note under 
section 40102 of this title.]