US Code

Public Law 119-73 (01/23/2026)

49 U.S.C. § 44943

Performance management system

(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 .—

Public Law 107–71115 Stat. 597To the extent contracts, if any, are used to implement the Aviation and Transportation Security Act (; ), 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.

Pub. L. 107–71, title I, § 130115 Stat. 634Pub. L. 115–254, div. K, title I, § 1991(d)(34)132 Stat. 3640(Added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 107–71115 Stat. 597section 40101 of this titleThe Aviation and Transportation Security Act, referred to in subsec. (c), is , , . For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under and Tables.

Amendments

Pub. L. 115–254, § 1991(d)(34)(A)2018—Subsec. (a). , substituted “Administrator of the Transportation Security Administration” for “Under Secretary for Transportation Security”.

Pub. L. 115–254, § 1991(d)(34)(B)(i)Subsec. (b)(1). , 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”.

Pub. L. 115–254, § 1991(d)(34)(B)(ii)Subsec. (b)(2). , substituted “Administrator of the Transportation Security Administration and” for “Under Secretary and” and, in two places, substituted “Administrator shall” for “Under Secretary shall”.

Pub. L. 115–254, § 1991(d)(34)(C)Public Law 107–71115 Stat. 597Subsec. (c). , substituted “Aviation and Transportation Security Act (; ), the Administrator of the Transportation Security Administration” for “Aviation Security Act, the Under Secretary for Transportation Security”.