Page:United States Statutes at Large Volume 115 Part 1.djvu/624

 115 STAT. 602 PUBLIC LAW 107-71—NOV. 19, 2001 "(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 guidelines 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 —The powers authorized by this subsection may be rescinded or suspended should the Attorney General determine that the Under Secretary has not complied with the guidelines prescribed in paragraph (3) and conveys the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.". (b) CONFORMING AMENDMENT. —The analysis for chapter 1 of such title is amended by adding at the end the following: "114. Transportation Security Administration.". (c) POSITION OF UNDER SECRETARY IN EXECUTIVE SCHEDULE. — (1) IN GENERAL.— Section 5313 of title 5, United States Code, is amended by adding at the end the following: "The Under Secretary of Transportation for Security.". 5 USC 5313 note. (2) BONUS ELIGIBILITY.— In addition to the annual rate of pay authorized by section 5313 of title 5, United States Code, the Under Secretary may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of pay, based on the Secretary's evaluation of the Under Secretary's performance. (3) CONFORMING CHANGE.—Section 106(r)(2)(A) of title 49, United States Code, is amended to read as follows: " (A) IN GENERAL.—The Chief Operating Officer shall be paid at an annual rate of basic pay to be determined by the Administrator, with the approval of the Air Traffic Services Subcommittee of the Aviation Management Advisory Council. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Operating Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Operating Officer were described in section 207(c)(2)(A)(i) of that title. ".

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