Sec. 1904. ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION; 5-YEAR TERM
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## SEC. 1904 ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION; 5-YEAR TERM ###
(a)In General Section 114, as amended by section 1903 of this Act, is further amended— ####
(1)in subsection (a), by striking “Department of Transportation” and inserting “Department of Homeland Security”; ####
(2)by amending subsection
(b)to read as follows: > > ### “(b) Leadership > > > #### “(1) Head of transportation security administration > > > ##### “(A) Appointment > > The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the ‘Administrator’). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. > > > ##### “(B) Qualifications > > The Administrator must— > > > ###### “(i) > > be a citizen of the United States; and > > > ###### “(ii) > > have experience in a field directly related to transportation or security. > > > ##### “(C) Term > > Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving. > > > #### “(2) Deputy administrator > > > ##### “(A) Appointment > > There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President. > > > ##### “(B) Vacancy > > The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator. > > > ##### “(C) Qualifications > > The Deputy Administrator must— > > > ###### “(i) > > be a citizen of the United States; and > > > ###### “(ii) > > have experience in a field directly related to transportation or security. > > > #### “(3) Chief counsel > > > ##### “(A) Appointment > > There is established in the Transportation Security Administration a Chief Counsel, who shall advise the Administrator and other senior officials on all legal matters relating to the responsibilities, functions, and management of the Transportation Security Administration. > > > ##### “(B) Qualifications > > The Chief Counsel must be a citizen of the United States.” > ; and ####
(3)in subsections
(c)through (n), (p), (q), and (r), by striking “Under Secretary” each place it appears and inserting “Administrator”. ###
(b)Technical and Conforming Amendments ####
(1)In general Section 114, as amended by subsection
(a)of this section, is further amended— #####
(A)in subsection (g)— ######
(i)in paragraph (1)— ######
(I)in the matter preceding subparagraph (A), by striking “Subject to the direction and control of the Secretary” and inserting “Subject to the direction and control of the Secretary of Homeland Security”; and ######
(II)in subparagraph (D), by inserting “of Homeland Security” after “Secretary”; and ######
(ii)in paragraph (3), by inserting “of Homeland Security” after “Secretary”; #####
(B)in subsection (j)(1)(D), by inserting “of Homeland Security” after “Secretary”; #####
(C)in subsection (k), by striking “functions transferred, on or after the date of enactment of the Aviation and Transportation Security Act,” and inserting “functions assigned”; #####
(D)in subsection (l)(4)(B), by striking “Administrator under subparagraph (A)” and inserting “Administrator of the Federal Aviation Administration under subparagraph (A)”; #####
(E)in subsection (n), by striking “Department of Transportation” and inserting “Department of Homeland Security”; #####
(F)in subsection (o), by striking “Department of Transportation” and inserting “Department of Homeland Security”; #####
(G)in subsection (p)(4), by striking “Secretary of Transportation” and inserting “Secretary of Homeland Security”; #####
(H)in subsection (s)— ######
(i)in paragraph (3)(B), by inserting “)” after “Act of 2007”; and ######
(ii)in paragraph (4)— ######
(I)in the heading, by striking “Submissions of plans to congress” and inserting “Submission of plans”; ######
(II)by striking subparagraph (A); ######
(III)by redesignating subparagraphs
(B)through
(E)as subparagraphs
(A)through (D), respectively; ######
(IV)in subparagraph (A), as redesignated— ######
(aa)in the heading, by striking “Subsequent versions” and inserting “In general”; and ######
(bb)by striking “After December 31, 2015, the” and inserting “The”; and ######
(V)in subparagraph (B)(ii)(III)(cc), as redesignated, by striking “for the Department” and inserting “for the Department of Homeland Security”; #####
(I)by redesignating subsections (u), (v), and
(w)as subsections (t), (u), and (v), respectively; #####
(J)in subsection (t), as redesignated— ######
(i)in paragraph (1)— ######
(I)by striking subparagraph (D); and ######
(II)by redesignating subparagraph
(E)as subparagraph (D); ######
(ii)in paragraph (2), by inserting “of Homeland Security” after “Plan, the Secretary”; ######
(iii)in paragraph (4)(B)— ######
(I)by inserting “of Homeland Security” after “agency within the Department”; and ######
(II)by inserting “of Homeland Security” after “Secretary”; ######
(iv)by amending paragraph
(6)to read as follows: > > #### “(6) Annual report on plan > > The Secretary of Homeland Security shall annually submit to the appropriate congressional committees a report containing the Plan.” > ; and ######
(v)in paragraphs
(7)and (8), by inserting “of Homeland Security” after “Secretary”; and #####
(K)in subsection (u), as redesignated— ######
(i)in paragraph (1)— ######
(I)in subparagraph (B), by inserting “or the Administrator” after “Secretary of Homeland Security”; and ######
(II)in subparagraph (C)(ii), by striking “Secretary’s designee” and inserting “Secretary of Defense’s designee”; ######
(III)in subparagraphs (B), (C), (D), and
(E)of paragraph (3), by inserting “of Homeland Security” after “Secretary” each place it appears; ######
(ii)in paragraph (4)(A), by inserting “of Homeland Security” after “Secretary”; ######
(iii)in paragraph (5), by inserting “of Homeland Security” after “Secretary”; and ######
(iv)in paragraph (7)— ######
(I)in subparagraph (A), by striking “Not later than December 31, 2008, and annually thereafter, the Secretary” and inserting “The Secretary of Homeland Security”; and ######
(II)by striking subparagraph (D). ####
(2)Congressional oversight of security assurance for public and private stakeholders Section 1203(b)(1)(B) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (49 U.S.C. 114 note) is amended by striking “, under section 114(u)(7) of title 49, United States Code, as added by this section, or otherwise,”. ###
(c)Executive Schedule ####
(1)Administrator of the tsa #####
(A)Positions at level ii Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Under Secretary of Homeland Security for Management the following:"“Administrator of the Transportation Security Administration.”". #####
(B)Bonus eligibility Section 101(c)(2) of the Aviation and Transportation Security Act (5 U.S.C. 5313 note) is amended— ######
(i)by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; ######
(ii)by striking “on the Secretary’s” and inserting “on the Secretary of Homeland Security’s”; and ######
(iii)by striking “Under Secretary’s” and inserting “Administrator’s”. ####
(2)Deputy administrator of the tsa Section 5314 of title 5, United States Code, is amended by inserting after the item relating to Deputy Administrators, Federal Emergency Management Agency the following:"“Deputy Administrator, Transportation Security Administration.”". ####
(3)Nonapplicability **[**[53 U.S.C. 5314 note](/us/usc/t53/s5314)**]** The amendment made by paragraph
(2)of this subsection shall not affect the salary of an individual who is performing the duties of the Deputy Administrator on the date of enactment of this Act, even if that individual is subsequently appointed as Deputy Administrator.
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Sec. 1904
ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION; 5-YEAR TERM
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