Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	10,790	n/a	n/a
Reported in House	17,199	365	59%
Engrossed in House	21,884	110	35%
Referred in Senate	21,771	5 Show Changes Hide Changes	0%

Display Version Introduced in House Reported in House Engrossed in House Referred in Senate

HR 2200 EHRFSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2200CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To authorize the Transportation Security Administration’s programs relating to the provision of transportation security, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Transportation Security Administration Authorization Act’.CommentsClose CommentsPermalink





(b) Table of Contents-CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. Authorities vested in Assistant Secretary.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 102. Risk-based system for allocation of resources.CommentsClose CommentsPermalink

TITLE II--AVIATION SECURITY

Subtitle A--Amendments to Chapter 449

Sec. 201. Screening air cargo and checked baggage.CommentsClose CommentsPermalink





Sec. 202. Prohibition of advance notice of covert testing to security screeners.CommentsClose CommentsPermalink





Sec. 203. Secure verification system for law enforcement officers.CommentsClose CommentsPermalink





Sec. 204. Ombudsman for Federal Air Marshal Service.CommentsClose CommentsPermalink





Sec. 205. Federal flight deck officer program enhancements.CommentsClose CommentsPermalink





Sec. 206. Repair stations.CommentsClose CommentsPermalink





Sec. 207. Assistant Secretary defined.CommentsClose CommentsPermalink





Sec. 208. TSA and homeland security information sharing.CommentsClose CommentsPermalink





Sec. 209. Aviation security stakeholder participation.CommentsClose CommentsPermalink





Sec. 210. General aviation security.CommentsClose CommentsPermalink





Sec. 211. Security and self-defense training.CommentsClose CommentsPermalink





Sec. 212. Security screening of individuals with metal implants traveling in air transportation.CommentsClose CommentsPermalink





Sec. 213. Prohibition on outsourcing.CommentsClose CommentsPermalink





Sec. 214. Known air traveler credential.CommentsClose CommentsPermalink





Sec. 215. Limitations on use of whole-body imaging technology for aircraft passenger screening.CommentsClose CommentsPermalink

Subtitle B--Other Matters

Sec. 221. Security risk assessment of airport perimeter access controls.CommentsClose CommentsPermalink





Sec. 222. Advanced passenger prescreening system.CommentsClose CommentsPermalink





Sec. 223. Biometric identifier airport access enhancement demonstration program.CommentsClose CommentsPermalink





Sec. 224. Transportation security training programs.CommentsClose CommentsPermalink





Sec. 225. Deployment of technology approved by science and technology directorate.CommentsClose CommentsPermalink





Sec. 226. In-line baggage screening study.CommentsClose CommentsPermalink





Sec. 227. In-line checked baggage screening systems.CommentsClose CommentsPermalink





Sec. 228. IG report on certain policies for Federal air marshals.CommentsClose CommentsPermalink





Sec. 229. Explosives detection canine teams minimum for aviation security.CommentsClose CommentsPermalink





Sec. 230. Assessments and GAO Report of inbound air cargo screening.CommentsClose CommentsPermalink





Sec. 231. Status of efforts to promote air cargo shipper certification.CommentsClose CommentsPermalink





Sec. 232. Full and open competition in security background screening service.CommentsClose CommentsPermalink





Sec. 233. Trusted passenger/Registered Traveler program.CommentsClose CommentsPermalink





Sec. 234. Report on cabin crew communication.CommentsClose CommentsPermalink





Sec. 235. Air cargo crew training.CommentsClose CommentsPermalink





Sec. 236. Reimbursement for airports that have incurred eligible costs.CommentsClose CommentsPermalink





Sec. 237. Report on whole body imaging technology.CommentsClose CommentsPermalink





Sec. 238. Protective equipment.CommentsClose CommentsPermalink





Sec. 239. Security screening for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 240. Report on complaints and claims for loss of property from passenger baggage.CommentsClose CommentsPermalink





Sec. 241. Report on certain security plan.CommentsClose CommentsPermalink





Sec. 242. Study on combination of facial and iris recognition.CommentsClose CommentsPermalink





Sec. 243. Issuance of regulations and security directives using emergency procedures.CommentsClose CommentsPermalink

TITLE III--SURFACE TRANSPORTATION SECURITY

Sec. 301. Assistant Secretary defined.CommentsClose CommentsPermalink





Sec. 302. Surface transportation security inspection program.CommentsClose CommentsPermalink





Sec. 303. Visible intermodal prevention and response teams.CommentsClose CommentsPermalink





Sec. 304. Surface Transportation Security stakeholder participation.CommentsClose CommentsPermalink





Sec. 305. Human capital plan for surface transportation security personnel.CommentsClose CommentsPermalink





Sec. 306. Surface transportation security training.CommentsClose CommentsPermalink





Sec. 307. Improvement of public transportation security assistance.CommentsClose CommentsPermalink





Sec. 308. International lessons learned for securing passenger rail and public transportation systems.CommentsClose CommentsPermalink





Sec. 309. Underwater tunnel security demonstration project.CommentsClose CommentsPermalink





Sec. 310. Passenger rail security demonstration project.CommentsClose CommentsPermalink





Sec. 311. Explosives detection canine teams.CommentsClose CommentsPermalink





Sec. 312. Deputy Assistant Secretary for surface transportation security.CommentsClose CommentsPermalink





Sec. 313. Public hearings on security assistance grant program and the restriction of security improvement priorities.CommentsClose CommentsPermalink

TITLE IV--TRANSPORTATION SECURITY ENHANCEMENTS

Subtitle A--Security Enhancements

Sec. 401. Report and recommendation for uniform security background checks.CommentsClose CommentsPermalink





Sec. 402. Animal-propelled vessels.CommentsClose CommentsPermalink





Sec. 403. Requirements for issuance of transportation security cards; access pending issuance; redundant background checks.CommentsClose CommentsPermalink





Sec. 404. Harmonizing security card expirations.CommentsClose CommentsPermalink





Sec. 405. Securing aviation from extreme terrorist threats.CommentsClose CommentsPermalink





Sec. 406. Pipeline security study.CommentsClose CommentsPermalink





Sec. 407. Transportation security administration centralized training facility.CommentsClose CommentsPermalink

Subtitle B--SAFE Truckers Act of 2009

Sec. 431. Short title.CommentsClose CommentsPermalink





Sec. 432. Surface transportation security.CommentsClose CommentsPermalink





Sec. 433. Conforming amendment.CommentsClose CommentsPermalink





Sec. 434. Limitation on issuance of hazmat licenses.CommentsClose CommentsPermalink





Sec. 435. Deadlines and effective dates.CommentsClose CommentsPermalink





Sec. 436. Task force on disqualifying crimes.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply:CommentsClose CommentsPermalink





(1) ASSISTANT SECRETARY- The term ‘Assistant Secretary’ means Assistant Secretary of Homeland Security (Transportation Security Administration).CommentsClose CommentsPermalink





(2) ADMINISTRATION- The term ‘Administration’ means the Transportation Security Administration.CommentsClose CommentsPermalink





(3) AVIATION SECURITY ADVISORY COMMITTEE- The term ‘Aviation Security Advisory Committee’ means the advisory committee established by section 44946 of title 49, United States Code, as added by this Act.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of Homeland Security.CommentsClose CommentsPermalink

SEC. 3. AUTHORITIES VESTED IN ASSISTANT SECRETARY.

Any authority vested in the Assistant Secretary under this Act shall be carried out under the direction and control of the Secretary.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATION OF APPROPRIATIONSCommentsClose CommentsPermalink

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary $7,604,561,000 for fiscal year 2010 and $8,060,835,000 for fiscal year 2011 for the necessary expenses of the Transportation Security Administration for such fiscal years.CommentsClose CommentsPermalink

SEC. 102. RISK-BASED SYSTEM FOR ALLOCATION OF RESOURCES.

(a) Report- Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall submit to the appropriate congressional committees, including the Committee on Homeland Security of the House of Representatives, a report on the status of its implementation of recommendations from the Comptroller General with respect to the use by the Transportation Security Administration of a risk-based system for allocating security resources effectively.CommentsClose CommentsPermalink





(b) Assessments- The report shall include assessments of the Transportation Security Administration’s progress in--CommentsClose CommentsPermalink





(1) adopting security goals that define specific outcomes, conditions, end points, and performance targets;CommentsClose CommentsPermalink





(2) conducting comprehensive risk assessments for the transportation sector that meet the criteria established under Homeland Security Presidential Directive-7 in effect as of January 1, 2009, and combine individual assessments of threat, vulnerability, and consequence;CommentsClose CommentsPermalink





(3) analyzing the assessments described in paragraph (2) to produce a comparative analysis of risk across the entire transportation sector to guide current and future investment decisions;CommentsClose CommentsPermalink





(4) establishing an approach for gathering data on investments by State, local, and private sector security partners in transportation security;CommentsClose CommentsPermalink





(5) establishing a plan and corresponding benchmarks for conducting risk assessments for the transportation sector that identify the scope of the assessments and resource requirements for completing them;CommentsClose CommentsPermalink





(6) working with the Department of Homeland Security to effectuate the Administration’s risk management approach by establishing a plan and timeframe for assessing the appropriateness of the Administration’s intelligence-driven risk management approach for managing risk at the Administration and documenting the results of the assessment once completed;CommentsClose CommentsPermalink





(7) determining the best approach for assigning uncertainty or confidence levels to analytic intelligence products related to the Transportation Security Administration’s security mission and applying such approach; andCommentsClose CommentsPermalink





(8) establishing internal controls, including--CommentsClose CommentsPermalink





(A) a focal point and clearly defined roles and responsibilities for ensuring that the Administration’s risk management framework is implemented;CommentsClose CommentsPermalink





(B) policies, procedures, and guidance that require the implementation of the Administration’s framework and completion of related work activities; andCommentsClose CommentsPermalink





(C) a system to monitor and improve how effectively the framework is being implemented.CommentsClose CommentsPermalink





(c) Assessment and Prioritization of Risks-CommentsClose CommentsPermalink





(1) IN GENERAL- Consistent with the risk and threat assessments required under sections 114(s)(3)(B) and 44904(c) of title 49, United States Code, the report shall include--CommentsClose CommentsPermalink





(A) a summary that ranks the risks within and across transportation modes, including vulnerability of a cyber attack; andCommentsClose CommentsPermalink





(B) a description of the risk-based priorities for securing the transportation sector, both within and across modes, in the order that the priorities should be addressed.CommentsClose CommentsPermalink





(2) METHODS- The report also shall--CommentsClose CommentsPermalink





(A) describe the underlying methodologies used to assess risks across and within each transportation mode and the basis for any assumptions regarding threats, vulnerabilities, and consequences made in assessing and prioritizing risks within and across such modes; andCommentsClose CommentsPermalink





(B) include the Assistant Secretary’s working definition of the terms ‘risk-based’ and ‘risk-informed’.CommentsClose CommentsPermalink





(d) Format- The report shall be submitted in classified or unclassified formats, as appropriate.CommentsClose CommentsPermalink

TITLE II--AVIATION SECURITYCommentsClose CommentsPermalink

Subtitle A--Amendments to Chapter 449CommentsClose CommentsPermalink

SEC. 201. SCREENING AIR CARGO AND CHECKED BAGGAGE.

(a) Inbound Air Cargo on Passenger Aircraft- Section 44901(g) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





‘(3) INBOUND AIR CARGO ON PASSENGER AIRCRAFT- Not later than 2 years after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall establish a system to verify that all cargo transported on passenger aircraft operated by an air carrier or foreign air carrier inbound to the United States be screened for explosives. The system shall include a risk assessment for inbound air cargo on passenger and all air cargo airplanes, and the Assistant Secretary shall use this assessment to address vulnerabilities in cargo screening. The Assistant Secretary shall identify redundancies in inbound cargo inspection on passenger aircraft by agencies and address these to ensure that all cargo is screened without subjecting carriers to multiple inspections by different agencies.’.CommentsClose CommentsPermalink





(b) Mandatory Screening Where EDS Is Not Yet Available- Section 44901(e)(1) of title 49, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(1) A bag match program, ensuring that no checked baggage is placed aboard an aircraft unless the passenger who checked the baggage is aboard the aircraft, is not authorized as an alternate method of baggage screening where explosive detection equipment is available unless there are exigent circumstances as determined by the Assistant Secretary. The Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives within 90 days of the determination that bag match must be used as an alternate method of baggage screening.’.CommentsClose CommentsPermalink

SEC. 202. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY SCREENERS.

(a) Covert Testing- Section 44935 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating the second subsection (i) (as redesignated by section 111(a)(1) of Public Law 107-71 (115 Stat. 616), relating to accessibility of computer-based training facilities) as subsection (k); andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(l) Prohibition of Advance Notice to Security Screeners of Covert Testing and Evaluation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall ensure that information concerning a covert test of a transportation security system to be conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office is not provided to any individual prior to the completion of the test.CommentsClose CommentsPermalink





‘(2) EXCEPTIONS- Notwithstanding paragraph (1)--CommentsClose CommentsPermalink





‘(A) an authorized individual involved in a covert test of a transportation security system may provide information concerning the covert test to--CommentsClose CommentsPermalink





‘(i) employees, officers, and contractors of the Federal Government (including military personnel);CommentsClose CommentsPermalink





‘(ii) employees and officers of State and local governments; andCommentsClose CommentsPermalink





‘(iii) law enforcement officials who are authorized to receive or directed to be provided such information by the Assistant Secretary, the Inspector General of the Department of Homeland Security, or the Comptroller General, as the case may be; andCommentsClose CommentsPermalink





‘(B) for the purpose of ensuring the security of any individual in the vicinity of a site where a covert test of a transportation security system is being conducted, an individual conducting the test may disclose his or her status as an individual conducting the test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting the test as a potential threat.CommentsClose CommentsPermalink





‘(3) SPECIAL RULES FOR TSA-CommentsClose CommentsPermalink





‘(A) MONITORING AND SECURITY OF TESTING PERSONNEL- The head of each covert testing office shall ensure that a person or group of persons conducting a covert test of a transportation security system for the covert testing office is accompanied at the site of the test by a cover team composed of one or more employees of the covert testing office for the purpose of monitoring the test and confirming the identity of personnel involved in the test under subparagraph (B).CommentsClose CommentsPermalink





‘(B) RESPONSIBILITY OF COVER TEAM- Under this paragraph, a cover team for a covert test of a transportation security system shall--CommentsClose CommentsPermalink





‘(i) monitor the test; andCommentsClose CommentsPermalink





‘(ii) for the purpose of ensuring the security of any individual in the vicinity of a site where the test is being conducted, confirm, notwithstanding paragraph (1), the identity of any individual conducting the test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting the test as a potential threat.CommentsClose CommentsPermalink





‘(C) AVIATION SCREENING- Notwithstanding subparagraph (A), the Transportation Security Administration is not required to have a cover team present during a test of the screening of persons, carry-on items, or checked baggage at an aviation security checkpoint at or serving an airport if the test--CommentsClose CommentsPermalink





‘(i) is approved, in coordination with the designated security official for the airport operator by the Federal Security Director for such airport; andCommentsClose CommentsPermalink





‘(ii) is carried out under an aviation screening assessment program of the Department of Homeland Security.CommentsClose CommentsPermalink





‘(D) USE OF OTHER PERSONNEL- The Transportation Security Administration may use employees, officers, and contractors of the Federal Government (including military personnel) and employees and officers of State and local governments to conduct covert tests.CommentsClose CommentsPermalink





‘(4) DEFINITIONS- In this subsection, the following definitions apply:CommentsClose CommentsPermalink





‘(A) APPROPRIATE INDIVIDUAL- The term ‘appropriate individual’, as used with respect to a covert test of a transportation security system, means any individual that--CommentsClose CommentsPermalink





‘(i) the individual conducting the test determines needs to know his or her status as an individual conducting a test under paragraph (2)(B); orCommentsClose CommentsPermalink





‘(ii) the cover team monitoring the test under paragraph (3)(B)(i) determines needs to know the identity of an individual conducting the test.CommentsClose CommentsPermalink





‘(B) COVERED EMPLOYEE- The term ‘covered employee’ means any individual who receives notice of a covert test before the completion of a test under paragraph (2)(A).CommentsClose CommentsPermalink





‘(C) COVERT TEST-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘covert test’ means an exercise or activity conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office to intentionally test, compromise, or circumvent transportation security systems to identify vulnerabilities in such systems.CommentsClose CommentsPermalink





‘(ii) LIMITATION- Notwithstanding clause (i), the term ‘covert test’ does not mean an exercise or activity by an employee or contractor of the Transportation Security Administration to test or assess compliance with relevant regulations.CommentsClose CommentsPermalink





‘(D) COVERT TESTING OFFICE- The term ‘covert testing office’ means any office of the Transportation Security Administration designated by the Assistant Secretary to conduct covert tests of transportation security systems.CommentsClose CommentsPermalink





‘(E) EMPLOYEE OF A COVERT TESTING OFFICE- The term ‘employee of a covert testing office’ means an individual who is an employee of a covert testing office or a contractor or an employee of a contractor of a covert testing office.’.CommentsClose CommentsPermalink





(b) Uniforms- Section 44935(j) of such title is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Under Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(1) UNIFORM REQUIREMENT- The Assistant Secretary’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) ALLOWANCE- The Assistant Secretary may grant a uniform allowance of not less than $300 to any individual who screens passengers and property pursuant to section 44901.’.CommentsClose CommentsPermalink

SEC. 203. SECURE VERIFICATION SYSTEM FOR LAW ENFORCEMENT OFFICERS.

Section 44917 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Secure Verification System for Law Enforcement Officers-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall develop a plan for a system to securely verify the identity and status of law enforcement officers flying while armed. The Assistant Secretary shall ensure that the system developed includes a biometric component.CommentsClose CommentsPermalink





‘(2) DEMONSTRATION- The Assistant Secretary shall conduct a demonstration program to test the secure verification system described in paragraph (1) before issuing regulations for deployment of the system.CommentsClose CommentsPermalink





‘(3) CONSULTATION- The Assistant Secretary shall consult with the Aviation Security Advisory Committee, established under section 44946 of title 49, United States Code, when developing the system and evaluating the demonstration program.CommentsClose CommentsPermalink





‘(4) REPORT- The Assistant Secretary shall submit a report to the Committee on Homeland Security of the House of Representatives, evaluating the demonstration program of the secure verification system required by this section.CommentsClose CommentsPermalink





‘(5) AUTHORIZATION OF APPROPRIATIONS- From the amounts authorized under section 101 of the Transportation Security Administration Authorization Act, there is authorized to be appropriated to carry out this subsection $10,000,000, to remain available until expended.’.CommentsClose CommentsPermalink

SEC. 204. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERVICE.

Section 44917 of title 49, United States Code, as amended by section 203 of this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Ombudsman-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- The Assistant Secretary shall establish in the Federal Air Marshal Service an Office of the Ombudsman.CommentsClose CommentsPermalink





‘(2) APPOINTMENT- The head of the Office shall be the Ombudsman, who shall be appointed by the Assistant Secretary.CommentsClose CommentsPermalink





‘(3) DUTIES- The Ombudsman shall carry out programs and activities to improve morale, training, and quality of life issues in the Service, including through implementation of the recommendations of the Inspector General of the Department of Homeland Security and the Comptroller General.’.CommentsClose CommentsPermalink

SEC. 205. FEDERAL FLIGHT DECK OFFICER PROGRAM ENHANCEMENTS.

(a) Establishment- Section 44921(a) of title 49, United States Code, is amended by striking the following: ‘The Under Secretary of Transportation for Security’ and inserting ‘The Secretary of Homeland Security, acting through the Assistant Secretary of Transportation Security’.CommentsClose CommentsPermalink





(b) Administrators- Section 44921(b) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘Under’ in paragraphs (1), (2), (4), (6), and (7); andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) ADMINISTRATORS- The Assistant Secretary shall implement an appropriately sized administrative structure to manage the program, including overseeing--CommentsClose CommentsPermalink





‘(A) eligibility and requirement protocols administration; andCommentsClose CommentsPermalink





‘(B) communication with Federal flight deck officers.’.CommentsClose CommentsPermalink





(c) Training, Supervision, and Equipment- Section 44921(c)(2)(C) of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(iv) USE OF FEDERAL AIR MARSHAL SERVICE FIELD OFFICE FACILITIES- In addition to dedicated Government and contract training facilities, the Assistant Secretary shall require that field office facilities of the Federal Air Marshal Service be used for the administrative and training needs of the program. Such facilities shall be available to Federal flight deck officers at no cost for firearms training and qualification, defensive tactics training, and program administrative assistance.’.CommentsClose CommentsPermalink





(d) Reimbursement- Section 44921 of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(l) Reimbursement- The Secretary, acting through the Assistant Secretary, shall reimburse all Federal flight deck officers for expenses incurred to complete a recurrent and requalifying training requirement necessary to continue to serve as a Federal flight deck officer. Eligible expenses under this subsection include ground transportation, lodging, meals, and ammunition, to complete any required training as determined by the Assistant Secretary.’.CommentsClose CommentsPermalink

SEC. 206. REPAIR STATIONS.

Section 44924(f) of title 49, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(f) Regulations- The Assistant Secretary shall issue regulations establishing security standards for foreign and domestic repair stations performing maintenance for aircraft used to provide air transportation and shall ensure that comparable security standards apply to maintenance work performed by employees of repair stations certified under part 121 of title 14, Code of Federal Regulations, and maintenance work performed by employees of repair stations certified under part 145 of such title.’.CommentsClose CommentsPermalink

SEC. 207. ASSISTANT SECRETARY DEFINED.

(a) In General- Subchapter II of chapter 449 of title 49, United States Code, is amended by inserting before section 44933 the following:CommentsClose CommentsPermalink

‘Sec. 44931. Assistant Secretary defined

‘(a) In General- In this chapter--CommentsClose CommentsPermalink





‘(1) the term ‘Assistant Secretary’ means the Assistant Secretary of Homeland Security (Transportation Security Administration); andCommentsClose CommentsPermalink





‘(2) any reference to the Administrator of the Transportation Security Administration, the Under Secretary of Transportation for Security, the Under Secretary of Transportation for Transportation Security, or the Under Secretary for Transportation Security shall be deemed to be a reference to the Assistant Secretary.CommentsClose CommentsPermalink





‘(b) Authorities Vested in Assistant Secretary- Any authority vested in the Assistant Secretary under this chapter shall be carried out under the direction and control of the Secretary of Homeland Security.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such subchapter is amended by inserting before the item relating to section 44933 the following:CommentsClose CommentsPermalink





‘44931. Assistant Secretary defined.’.CommentsClose CommentsPermalink

SEC. 208. TSA AND HOMELAND SECURITY INFORMATION SHARING.

(a) Federal Security Director- Section 44933 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘Managers’ and inserting ‘Directors’;CommentsClose CommentsPermalink





(2) by striking ‘Manager’ each place it appears and inserting ‘Director’;CommentsClose CommentsPermalink





(3) by striking ‘Managers’ each place it appears and inserting ‘Directors’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Information Sharing- Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall--CommentsClose CommentsPermalink





‘(1) require an airport security plan to have clear reporting procedures to provide that the Federal Security Director of the airport is immediately notified whenever any Federal, State, or local law enforcement personnel are called to an aircraft at a gate or on an airfield at the airport to respond to any security matter;CommentsClose CommentsPermalink





‘(2) require each Federal Security Director of an airport to meet at least quarterly with law enforcement agencies serving the airport to discuss incident management protocols; andCommentsClose CommentsPermalink





‘(3) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the airport operator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with airport operators to ensure coordinated responses to security matters.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 114(f)(6) of title 49, United States Code, is amended by striking ‘Managers’ and inserting ‘Directors’.CommentsClose CommentsPermalink





(2) Section 44940(a)(1)(F) of title 49, United States Code, is amended by striking ‘Managers’ and inserting ‘Directors’.CommentsClose CommentsPermalink





(c) Technical Amendment- The chapter analysis for chapter 449 is amended by striking the item relating to section 44933 and inserting the following:CommentsClose CommentsPermalink





‘44933. Federal Security Directors.’.CommentsClose CommentsPermalink

SEC. 209. AVIATION SECURITY STAKEHOLDER PARTICIPATION.

(a) In General- Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 44946. Aviation Security Advisory Committee

‘(a) Establishment of Aviation Security Advisory Committee-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall establish in the Transportation Security Administration an advisory committee, to be known as the Aviation Security Advisory Committee (in this chapter referred to as the ‘Advisory Committee’), to assist the Assistant Secretary with issues pertaining to aviation security, including credentialing.CommentsClose CommentsPermalink





‘(2) RECOMMENDATIONS- The Assistant Secretary shall require the Advisory Committee to develop recommendations for improvements to civil aviation security methods, equipment, and processes.CommentsClose CommentsPermalink





‘(3) MEETINGS- The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.CommentsClose CommentsPermalink





‘(4) UNPAID POSITION- Advisory Committee members shall serve at their own expense and receive no salary, reimbursement of travel expenses, or other compensation from the Federal Government.CommentsClose CommentsPermalink





‘(b) Membership-CommentsClose CommentsPermalink





‘(1) MEMBER ORGANIZATIONS- The Assistant Secretary shall ensure that the Advisory Committee is composed of not more than one individual representing not more than 27 member organizations, including representation of air carriers, all cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, aircraft manufacturers, airport operators, general aviation, and the aviation technology security industry, including biometrics.CommentsClose CommentsPermalink





‘(2) APPOINTMENTS- Members shall be appointed by the Assistant Secretary, and the Assistant Secretary shall have the discretion to review the participation of any Advisory Committee member and remove for cause at any time.CommentsClose CommentsPermalink





‘(c) Nonapplicability of FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee under this section.CommentsClose CommentsPermalink





‘(d) Air Cargo Security Working Group-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall establish within the Advisory Committee an air cargo security working group to provide recommendations for air cargo security issues, including the implementation of the air cargo screening initiatives proposed by the Transportation Security Administration to screen air cargo on passenger aircraft in accordance with established cargo screening mandates.CommentsClose CommentsPermalink





‘(2) MEETINGS- The working group shall meet at least semiannually and provide annual reports to the Assistant Secretary with recommendations to improve the Administration’s cargo screening initiatives established to meet all cargo screening mandates set forth in section 44901(g) of title 49, United States Code.CommentsClose CommentsPermalink





‘(3) MEMBERSHIP- The working group shall include members from the Advisory Committee with expertise in air cargo operations and representatives from other stakeholders as determined by the Assistant Secretary.CommentsClose CommentsPermalink





‘(4) REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The working group shall prepare and submit reports to the Assistant Secretary in accordance with this paragraph that provide cargo screening mandate implementation recommendations.CommentsClose CommentsPermalink





‘(B) SUBMISSION- Not later than one year after the date of enactment of this section and on an annual basis thereafter, the working group shall submit its first report to the Assistant Secretary, including any recommendations of the group--CommentsClose CommentsPermalink





‘(i) to reduce redundancies and increase efficiencies with the screening and inspection of inbound cargo; andCommentsClose CommentsPermalink





‘(ii) on the potential development of a fee structure to help sustain cargo screening efforts.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such subchapter is amended by adding at the end the following:CommentsClose CommentsPermalink





‘44946. Aviation Security Advisory Committee.’.CommentsClose CommentsPermalink

SEC. 210. GENERAL AVIATION SECURITY.

(a) In General- Subchapter II of chapter 449 of title 49, United States Code, as amended by section 209 of this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 44947. General aviation security

‘(a) General Aviation Security Grant Program-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall carry out a general aviation security grant program to enhance transportation security at general aviation airports by making grants to operators of general aviation airports for projects to enhance perimeter security, airfield security, and terminal security.CommentsClose CommentsPermalink





‘(2) ELIGIBLE PROJECTS- Not later than one year after the date of submission of the first report of the working group under subsection (b), the Assistant Secretary shall develop and make publically available a list of approved eligible projects for such grants under paragraph (1) based upon recommendations made by the working group in such report.CommentsClose CommentsPermalink





‘(3) FEDERAL SHARE- The Federal share of the cost of activities for which grants are made under this subsection shall be 90 percent.CommentsClose CommentsPermalink





‘(4) PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE PROCEDURES-CommentsClose CommentsPermalink





‘(A) PRESUMPTION- It is the presumption of Congress that grants awarded under this section will be awarded using competitive procedures based on risk.CommentsClose CommentsPermalink





‘(B) REPORT TO CONGRESS- If grants are awarded under this section using procedures other than competitive procedures, the Assistant Secretary shall submit to Congress a report explaining why competitive procedures were not used.CommentsClose CommentsPermalink





‘(b) General Aviation Security Working Group-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall establish, within the Aviation Security Advisory Committee established under section 44946, a general aviation working group to advise the Transportation Security Administration regarding transportation security issues for general aviation facilities, general aviation aircraft, heliports, and helicopter operations at general aviation and commercial service airports.CommentsClose CommentsPermalink





‘(2) MEETINGS- The working group shall meet at least semiannually and may convene additional meetings as necessary.CommentsClose CommentsPermalink





‘(3) MEMBERSHIP- The Assistant Secretary shall appoint members from the Aviation Security Advisory Committee with general aviation experience.CommentsClose CommentsPermalink





‘(4) REPORTS-CommentsClose CommentsPermalink





‘(A) SUBMISSION- The working group shall submit a report to the Assistant Secretary with recommendations on ways to improve security at general aviation airports.CommentsClose CommentsPermalink





‘(B) CONTENTS OF REPORT- The report of the working group submitted to the Assistant Secretary under this paragraph shall include any recommendations of the working group for eligible security enhancement projects at general aviation airports to be funded by grants under subsection (a).CommentsClose CommentsPermalink





‘(C) SUBSEQUENT REPORTS- After submitting the report, the working group shall continue to report to the Assistant Secretary on general aviation aircraft and airports.CommentsClose CommentsPermalink





‘(c) Authorization of Appropriations- From amounts made available under section 101 of the Transportation Security Administration Authorization Act, there is authorized to be appropriated for making grants under subsection (a) $10,000,000 for each of fiscal years 2010 and 2011. None of the funds appropriated pursuant to this subsection may be used for a congressional earmark as defined in clause 9d, of Rule XXI of the rules of the House of Representatives of the 111th Congress.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such subchapter is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘44947. General aviation security.’.CommentsClose CommentsPermalink

SEC. 211. SECURITY AND SELF-DEFENSE TRAINING.

(a) Section 44918(b) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) SELF-DEFENSE TRAINING PROGRAM- Not later than 1 year after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall provide advanced self-defense training of not less than 5 hours during each 2-year period for all cabin crewmembers. The Assistant Secretary shall consult with the Advisory Committee, established under section 44946. and cabin crew and air carrier representatives in developing a plan for providing self-defense training in conjunction with existing recurrent training.’;CommentsClose CommentsPermalink





(2) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) PARTICIPATION- A crewmember shall not be required to engage in any physical contact during the training program under this subsection.’; andCommentsClose CommentsPermalink





(3) by striking paragraph (4) and redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively.CommentsClose CommentsPermalink





(b) Security Training- Section 44918(a)(6) of title 49, United States Code, is amended by adding at the end the following: ‘The Assistant Secretary shall establish an oversight program for security training of cabin crewmembers that includes developing performance measures and strategic goals for air carriers, and standard protocols for Transportation Security Administration oversight inspectors, in accordance with recommendations by the Inspector General of the Department of Homeland Security and the Comptroller General.’.CommentsClose CommentsPermalink

SEC. 212. SECURITY SCREENING OF INDIVIDUALS WITH METAL IMPLANTS TRAVELING IN AIR TRANSPORTATION.

(a) In General- Section 44903 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(m) Security Screening of Individuals With Metal Implants Traveling in Air Transportation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall carry out a program to ensure fair treatment in the screening of individuals with metal implants traveling in air transportation.CommentsClose CommentsPermalink





‘(2) PLAN- Not later than 6 months after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall submit a plan to the Committee on Homeland Security of the House of Representatives for improving security screening procedures for individuals with metal implants to limit disruptions in the screening process while maintaining security. The plan shall include an analysis of approaches to limit such disruptions for individuals with metal implants, and benchmarks for implementing changes to the screening process and the establishment of a credential or system that incorporates biometric technology and other applicable technologies to verify the identity of an individual who has a metal implant.CommentsClose CommentsPermalink





‘(3) PROGRAM- Not later than 12 months after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall implement a program to improve security screening procedures for individuals with metal implants to limit disruptions in the screening process while maintaining security, including a credential or system that incorporates biometric technology or other applicable technologies to verify the identity of an individual who has a metal implant.CommentsClose CommentsPermalink





‘(4) METAL IMPLANT DEFINED- In this paragraph, the term ‘metal implant’ means a metal device or object that has been surgically implanted or otherwise placed in the body of an individual, including any metal device used in a hip or knee replacement, metal plate, metal screw, metal rod inside a bone, and other metal orthopedic implants.’.CommentsClose CommentsPermalink





(b) Effective Date- Not later than 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary of Homeland Security shall submit the plan for security screening procedures for individuals with metal implants, as required by section 44903(m) of title 49, United States Code.CommentsClose CommentsPermalink

SEC. 213. PROHIBITION ON OUTSOURCING.

Section 44903(j)(2)(C) of title 49, United States Code, is amended by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(v) OUTSOURCING PROHIBITED- Upon implementation of the advanced passenger prescreening system required by this section, the Assistant Secretary shall prohibit any non-governmental entity from administering the function of comparing passenger information to the automatic selectee and no fly lists, consolidated and integrated terrorist watchlists, or any list or database derived from such watchlists for activities related to aviation security. The Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate when any non-governmental entity is authorized access to the watchlists described in this clause.’.CommentsClose CommentsPermalink

SEC. 214. KNOWN AIR TRAVELER CREDENTIAL.

(a) Establishment- Section 44903(h) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (7) as paragraph (8); andCommentsClose CommentsPermalink





(2) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink





‘(7) KNOWN AIR TRAVELER CREDENTIAL- Not later than 6 months after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall--CommentsClose CommentsPermalink





‘(A) establish a known air traveler credential that incorporates biometric identifier technology;CommentsClose CommentsPermalink





‘(B) establish a process by which the credential will be used to verify the identity of known air travelers and allow them to bypass airport passenger and carry-on baggage screening;CommentsClose CommentsPermalink





‘(C) establish procedures--CommentsClose CommentsPermalink





‘(i) to ensure that only known air travelers are issued the known air traveler credential;CommentsClose CommentsPermalink





‘(ii) to resolve failures to enroll, false matches, and false nonmatches relating to use of the known air traveler credential; andCommentsClose CommentsPermalink





‘(iii) to invalidate any known air traveler credential that is lost, stolen, or no longer authorized for use;CommentsClose CommentsPermalink





‘(D) begin issuance of the known air traveler credential to each known air traveler that applies for a credential; andCommentsClose CommentsPermalink





‘(E) take such other actions with respect to the known air traveler credential as the Assistant Secretary considers appropriate.’.CommentsClose CommentsPermalink





(b) Known Air Traveler Defined- Section 44903(h)(8) of such title (as redesignated by subsection (a) of this section) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraph (F) as subparagraph (G); andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





‘(F) KNOWN AIR TRAVELER- The term ‘known air traveler’ means a United States citizen who--CommentsClose CommentsPermalink





‘(i) has received a security clearance from the Federal Government;CommentsClose CommentsPermalink





‘(ii) is a Federal Aviation Administration certificated pilot, flight crew member, or cabin crew member;CommentsClose CommentsPermalink





‘(iii) is a Federal, State, local, tribal, or territorial government law enforcement officer not covered by paragraph (6);CommentsClose CommentsPermalink





‘(iv) is a member of the armed forces (as defined by section 101 of title 10) who has received a security clearance from the Federal Government; orCommentsClose CommentsPermalink





‘(v) the Assistant Secretary determines has appropriate security qualifications for inclusion under this subparagraph.’.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by this section.CommentsClose CommentsPermalink

SEC. 215. LIMITATIONS ON USE OF WHOLE-BODY IMAGING TECHNOLOGY FOR AIRCRAFT PASSENGER SCREENING.

Section 44901 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(l) Limitations on Use of Whole-Body Imaging Technology for Screening Passengers-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary of Homeland Security (Transportation Security Administration) shall ensure that whole-body imaging technology is used for the screening of passengers under this section only in accordance with this subsection.CommentsClose CommentsPermalink





‘(2) PROHIBITION ON USE FOR ROUTINE SCREENING- Whole-body imaging technology may not be used as the sole or primary method of screening a passenger under this section. Whole-body imaging technology may not be used to screen a passenger under this section unless another method of screening, such as metal detection, demonstrates cause for preventing such passenger from boarding an aircraft.CommentsClose CommentsPermalink





‘(3) PROVISION OF INFORMATION- A passenger for whom screening by whole-body imaging technology is permissible under paragraph (2) shall be provided information on the operation of such technology, on the image generated by such technology, on privacy policies relating to such technology, and on the right to request a pat-down search under paragraph (4) prior to the utilization of such technology with respect to such passenger.CommentsClose CommentsPermalink





‘(4) PAT-DOWN SEARCH OPTION- A passenger for whom screening by whole-body imaging technology is permissible under paragraph (2) shall be offered a pat-down search in lieu of such screening.CommentsClose CommentsPermalink





‘(5) PROHIBITION ON USE OF IMAGES- An image of a passenger generated by whole-body imaging technology may not be stored, transferred, shared, or copied in any form after the boarding determination with respect to such passenger is made.CommentsClose CommentsPermalink





‘(6) REPORT- Not later than one year after the date of enactment of this section, and annually thereafter, the Assistant Secretary shall submit to Congress a report containing information on the implementation of this subsection, on the number of passengers for whom screening by whole-body imaging technology was permissible under paragraph (2) as a percentage of all screened passengers, on the number of passengers who chose a pat-down search when presented the offer under paragraph (4) as a percentage of all passengers presented such offer, on privacy protection measures taken with respect to whole-body imaging technology, on privacy violations that occurred with respect to such technology, and on the effectiveness of such technology.CommentsClose CommentsPermalink





‘(7) DEFINITIONS- In this subsection, the following definitions apply:CommentsClose CommentsPermalink





‘(A) PAT-DOWN SEARCH- The term ‘pat-down search’ means a physical inspection of the body of an aircraft passenger conducted in accordance with the Transportation Security Administration’s standard operating procedure as described in the Transportation Security Administration’s official training manual.CommentsClose CommentsPermalink





‘(B) WHOLE-BODY IMAGING TECHNOLOGY- The term ‘whole-body imaging technology’ means a device, including a device using backscatter x-rays or millimeter waves, used to detect objects carried on individuals and that creates a visual image of the individual’s full body, showing the surface of the skin and revealing objects that are on the body.’.CommentsClose CommentsPermalink

Subtitle B--Other MattersCommentsClose CommentsPermalink

SEC. 221. SECURITY RISK ASSESSMENT OF AIRPORT PERIMETER ACCESS CONTROLS.

(a) In General- The Assistant Secretary shall develop a strategic risk-based plan to improve transportation security at airports that includes best practices to make airport perimeter access controls more secure at all commercial service and general aviation airports.CommentsClose CommentsPermalink





(b) Contents- The plan shall--CommentsClose CommentsPermalink





(1) incorporate best practices for enhanced perimeter access controls;CommentsClose CommentsPermalink





(2) evaluate and incorporate major findings of all relevant pilot programs of the Transportation Security Administration;CommentsClose CommentsPermalink





(3) address recommendations of the Comptroller General on perimeter access controls;CommentsClose CommentsPermalink





(4) include a requirement that airports update their security plans to incorporate the best practices, as appropriate, based on risk and adapt the best practices to meet the needs specific to their facilities; andCommentsClose CommentsPermalink





(5) include an assessment of the role of new and emerging technologies, including unmanned and autonomous perimeter security technologies, that could be utilized at both commercial and general aviation facilities.CommentsClose CommentsPermalink

SEC. 222. ADVANCED PASSENGER PRESCREENING SYSTEM.

(a) Initial Report- Not later than 90 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that--CommentsClose CommentsPermalink





(1) describes the progress made by the Department of Homeland Security in implementing the advanced passenger prescreening system;CommentsClose CommentsPermalink





(2) compares the total number of misidentified passengers who must undergo secondary screening or have been prevented from boarding a plane during the 3-month period beginning 90 days before the date of enactment of the Transportation Security Administration Authorization Act with the 3-month period beginning 90 days after such date; andCommentsClose CommentsPermalink





(3) includes any other relevant recommendations that the Inspector General of the Department of Homeland Security or the Comptroller General determines appropriate.CommentsClose CommentsPermalink





(b) Subsequent Reports- The Comptroller General shall submit subsequent reports on the implementation to such Committees every 90 days thereafter until the implementation is complete.CommentsClose CommentsPermalink

SEC. 223. BIOMETRIC IDENTIFIER AIRPORT ACCESS ENHANCEMENT DEMONSTRATION PROGRAM.

(a) In General- The Assistant Secretary shall carry out a demonstration program under which biometric identifier access systems for individuals with unescorted access to secure or sterile areas of an airport, including airport employees and flight crews, are evaluated for the purposes of enhancing transportation security at airports and to determine how airports can implement uniform biometric identifier and interoperable security systems.CommentsClose CommentsPermalink





(b) Airports Participating in Program- The Assistant Secretary shall select at least 7 airports, including at least 2 large airports, to participate in the demonstration program.CommentsClose CommentsPermalink





(c) Initiation and Duration of Program-CommentsClose CommentsPermalink





(1) DEADLINE FOR INITIATION- The Assistant Secretary shall conduct the demonstration program not later than one year after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) DURATION- The program shall have a duration of not less than 180 days and not more than one year.CommentsClose CommentsPermalink





(d) Required Elements- In conducting the demonstration program, the Assistant Secretary shall--CommentsClose CommentsPermalink





(1) assess best operational, administrative, and management practices in creating uniform, standards-based, and interoperable biometric identifier systems for all individuals with access to secure or sterile areas of commercial service airports; andCommentsClose CommentsPermalink





(2) conduct a risk-based analysis of the selected airports and other airports, as the Assistant Secretary determines appropriate, to identify where the implementation of biometric identifier systems could benefit security.CommentsClose CommentsPermalink





(e) Considerations- In conducting the demonstration program, the Assistant Secretary shall consider, at a minimum, the following:CommentsClose CommentsPermalink





(1) PARALLEL SYSTEMS- Existing parallel biometric transportation security systems applicable to workers with unescorted access to transportation systems, including--CommentsClose CommentsPermalink





(A) transportation worker identification credentials issued under section 70105 of title 46, United States Code;CommentsClose CommentsPermalink





(B) armed law enforcement travel credentials issued under section 44903(h)(6) of title 49, United States Code; andCommentsClose CommentsPermalink





(C) other credential and biometric identifier systems used by the Federal Government, as the Assistant Secretary considers appropriate.CommentsClose CommentsPermalink





(2) EFFORTS BY TRANSPORTATION SECURITY ADMINISTRATION- Any biometric identifier system or proposals developed by the Assistant Secretary.CommentsClose CommentsPermalink





(3) INFRASTRUCTURE AND TECHNICAL REQUIREMENTS- The architecture, modules, interfaces, and transmission of data needed for airport security operations.CommentsClose CommentsPermalink





(4) EXISTING AIRPORT SYSTEMS- Credentialing and access control systems in use in secure and sterile areas of airports.CommentsClose CommentsPermalink





(5) ASSOCIATED COSTS- The costs of implementing uniform, standards-based, and interoperable biometric identifier systems at airports, including--CommentsClose CommentsPermalink





(A) the costs to airport operators, airport workers, air carriers, and other aviation industry stakeholders; andCommentsClose CommentsPermalink





(B) the costs associated with ongoing operations and maintenance and modifications and enhancements needed to support changes in physical and electronic infrastructure.CommentsClose CommentsPermalink





(6) INFORMATION FROM OTHER SOURCES- Recommendations, guidance, and information from other sources, including the Inspector General of the Department of Homeland Security, the Comptroller General, the heads of other governmental entities, organizations representing airport workers, and private individuals and organizations.CommentsClose CommentsPermalink





(f) Identification of Best Practices- In conducting the demonstration program, the Assistant Secretary shall identify best practices for the administration of biometric identifier access at airports, including best practices for each of the following processes:CommentsClose CommentsPermalink





(1) Registration, vetting, and enrollment.CommentsClose CommentsPermalink





(2) Issuance.CommentsClose CommentsPermalink





(3) Verification and use.CommentsClose CommentsPermalink





(4) Expiration and revocation.CommentsClose CommentsPermalink





(5) Development of a cost structure for acquisition of biometric identifier credentials.CommentsClose CommentsPermalink





(6) Development of redress processes for workers.CommentsClose CommentsPermalink





(g) Consultation- In conducting the demonstration program, the Assistant Secretary shall consult with the Aviation Security Advisory Committee regarding how airports may transition to uniform, standards-based, and interoperable biometric identifier systems for airport workers and others with unescorted access to secure or sterile areas of an airport.CommentsClose CommentsPermalink





(h) Evaluation- The Assistant Secretary shall conduct an evaluation of the demonstration program to specifically assess best operational, administrative, and management practices in creating a standard, interoperable, biometric identifier access system for all individuals with access to secure or sterile areas of commercial service airports.CommentsClose CommentsPermalink





(i) Report to Congress- Not later than 180 days after the last day of that demonstration program ends, the Assistant Secretary shall submit to the appropriate congressional committees, including the Committee on Homeland Security of the House of Representatives, a report on the results of the demonstration program. The report shall include possible incentives for airports that voluntarily seek to implement uniform, standards-based, and interoperable biometric identifier systems.CommentsClose CommentsPermalink





(j) Biometric Identifier System Defined- In this section, the term ‘biometric identifier system’ means a system that uses biometric identifier information to match individuals and confirm identity for transportation security and other purposes.CommentsClose CommentsPermalink





(k) Authorization of Appropriations- From amounts authorized under section 101, there is authorized to be appropriated a total of $20,000,000 to carry out this section for fiscal years 2010 and 2011.CommentsClose CommentsPermalink

SEC. 224. TRANSPORTATION SECURITY TRAINING PROGRAMS.

Not later than one year after the date of enactment of this Act, the Assistant Secretary shall establish recurring training of transportation security officers regarding updates to screening procedures and technologies in response to weaknesses identified in covert tests at airports. The training shall include--CommentsClose CommentsPermalink





(1) internal controls for monitoring and documenting compliance of transportation security officers with training requirements;CommentsClose CommentsPermalink





(2) the availability of high-speed Internet and Intranet connectivity to all airport training facilities of the Administration; andCommentsClose CommentsPermalink





(3) such other matters as identified by the Assistant Secretary with regard to training.CommentsClose CommentsPermalink

SEC. 225. DEPLOYMENT OF TECHNOLOGY APPROVED BY SCIENCE AND TECHNOLOGY DIRECTORATE.

(a) In General- The Assistant Secretary, in consultation with the Directorate of Science and Technology of the Department of Homeland Security, shall develop and submit to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, a strategic plan for the certification and integration of technologies for transportation security with high approval or testing results from the Directorate and the Transportation Security Laboratory of the Department.CommentsClose CommentsPermalink





(b) Contents of Strategic Plan- The strategic plan developed under subsection (a) shall include--CommentsClose CommentsPermalink





(1) a cost-benefit analysis to assist in prioritizing investments in new checkpoint screening technologies that compare the costs and benefits of screening technologies being considered for development or acquisition with the costs and benefits of other viable alternatives;CommentsClose CommentsPermalink





(2) quantifiable performance measures to assess the extent to which investments in research, development, and deployment of checkpoint screening technologies achieve performance goals for enhancing security at airport passenger checkpoints; andCommentsClose CommentsPermalink





(3) a method to ensure that operational tests and evaluations have been successfully completed in an operational environment before deploying checkpoint screening technologies to airport checkpoints.CommentsClose CommentsPermalink





(c) Report to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- The Assistant Secretary shall submit to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, an annual report on the status of all technologies that have undergone testing and evaluation, including technologies that have been certified by the Department, and any technologies used in a demonstration program administered by the Administration. The report shall also specify whether the technology was submitted by an academic institution, including an institution of higher education eligible to receive assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq. and 1101 et seq.)CommentsClose CommentsPermalink





(2) FIRST REPORT- The first report submitted under this subsection shall assess such technologies for a period of not less than 2 years.CommentsClose CommentsPermalink

SEC. 226. IN-LINE BAGGAGE SCREENING STUDY.

The Assistant Secretary shall consult with the Advisory Committee and report to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, on deploying optimal baggage screening solutions and replacing baggage screening equipment nearing the end of its life cycle at commercial service airports. Specifically, the report shall address the Administration’s plans, estimated costs, and current benchmarks for replacing explosive detection equipment that is nearing the end of its life cycle.CommentsClose CommentsPermalink

SEC. 227. IN-LINE CHECKED BAGGAGE SCREENING SYSTEMS.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) Since its inception, the Administration has procured and installed over 2,000 explosive detection systems (referred to in this section as ‘EDS’) and 8,000 explosive trace detection (referred to in this section as ‘ETD’) systems to screen checked baggage for explosives at the Nation’s commercial airports.CommentsClose CommentsPermalink





(2) Initial deployment of stand-alone EDS machines in airport lobbies resulted in operational inefficiencies and security risks as compared to using EDS machines integrated in-line with airport baggage conveyor systems.CommentsClose CommentsPermalink





(3) The Administration has acknowledged the advantages of fully integrating in-line checked baggage EDS systems, especially at large airports. According to the Administration, in-line EDS systems have proven to be cost-effective and more accurate at detecting dangerous items.CommentsClose CommentsPermalink





(4) As a result of the large upfront capital investment required, these systems have not been deployed on a wide-scale basis. The Administration estimates that installing and operating the optimal checked baggage screening systems could potentially cost more than $20,000,000,000 over 20 years.CommentsClose CommentsPermalink





(5) Nearly $2,000,000,000 has been appropriated for the installation of in-line explosive detection systems, including necessary baggage handling system improvements, since 2007.CommentsClose CommentsPermalink





(6) Despite substantial funding, the Administration has made limited progress in deploying optimal screening solutions, including in-line systems, to 250 airports identified in its February 2006 strategic planning framework.CommentsClose CommentsPermalink





(b) GAO Report- The Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the Administration’s progress in deploying optimal baggage screening solutions and replacing aging baggage screening equipment at the Nation’s commercial airports. The report shall also include an analysis of the Administration’s methodology for expending public funds to deploy in-line explosive detection systems since 2007. The report shall address, at a minimum--CommentsClose CommentsPermalink





(1) the Administration’s progress in deploying optimal screening solutions at the Nation’s largest commercial airports, including resources obligated and expended through fiscal year 2009;CommentsClose CommentsPermalink





(2) the potential benefits and challenges associated with the deployment of optimal screening solutions at the Nation’s commercial airports; andCommentsClose CommentsPermalink





(3) the Administration’s plans, estimated costs, and current milestones for replacing EDS machines that are nearing the end of their estimated useful product lives.CommentsClose CommentsPermalink





(c) Updates Required- Not later than 6 months after submitting the report required in subsection (b) and every 6 months thereafter until the funds appropriated for such systems are expended, the Comptroller General shall provide the Committee on Homeland Security of the House of Representatives an update regarding its analysis of the Administration’s expenditures for explosive detection and in-line baggage systems.CommentsClose CommentsPermalink

SEC. 228. IG REPORT ON CERTAIN POLICIES FOR FEDERAL AIR MARSHALS.

Not later than 120 days after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall review the minimum standards and policies regarding rest periods between deployments and any other standards or policies applicable to Federal air marshals reporting to duty. After such review, the Inspector General shall make any recommendations to such standards and policies the Inspector General considers necessary to ensure an alert and responsible workforce of Federal air marshals.CommentsClose CommentsPermalink

SEC. 229. EXPLOSIVES DETECTION CANINE TEAMS MINIMUM FOR AVIATION SECURITY.

(a) Aviation Security- The Assistant Secretary shall ensure that the number of explosives detection canine teams for aviation security is not less than 250 through fiscal year 2011.CommentsClose CommentsPermalink





(b) Cargo Screening- The Secretary shall increase the number of canine detection teams, as of the date of enactment of this Act, deployed for the purpose of meeting the 100 percent air cargo screening requirement set forth in section 44901(g) of title 49, United States Code, by not less than 100 canine teams through fiscal year 2011.CommentsClose CommentsPermalink

SEC. 230. ASSESSMENTS AND GAO REPORT OF INBOUND AIR CARGO SCREENING.

Section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 478) is amended by inserting at the end the following:CommentsClose CommentsPermalink





‘(c) Assessment of Inbound Compliance- Upon establishment of the inbound air cargo screening system, the Assistant Secretary shall submit a report to the Committee on Homeland Security in the House of Representatives on the impact, rationale, and percentage of air cargo being exempted from screening under exemptions granted under section 44901(i)(1) of title 49, United States Code.CommentsClose CommentsPermalink





‘(d) GAO Report- Not later than 120 days after the date of enactment of this Act and quarterly thereafter, the Comptroller General shall review the air cargo screening system for inbound passenger aircraft and report to the Committee on Homeland Security in the House of Representatives on the status of implementation, including the approximate percentage of cargo being screened, as well as the Administration’s methods to verify the screening system’s implementation.’.CommentsClose CommentsPermalink

SEC. 231. STATUS OF EFFORTS TO PROMOTE AIR CARGO SHIPPER CERTIFICATION.

Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of the Administration’s plan to promote a program to certify the screening methods used by shippers in a timely manner, in accordance with section 44901(g) of title 49, United States Code, including participation by shippers with robust and mature internal security programs.CommentsClose CommentsPermalink

SEC. 232. FULL AND OPEN COMPETITION IN SECURITY BACKGROUND SCREENING SERVICE.

Not later than 9 months after the date of enactment of this section, the Secretary shall publish in the Federal Register a notice that the selection process for security background screening services for persons requiring background screening in the aviation industry is subject to full and open competition. The notice shall include--CommentsClose CommentsPermalink





(1) a statement that airports and other affected entities are not required to use a single service provider of background screening services and may use the services of other providers approved by the Assistant Secretary;CommentsClose CommentsPermalink





(2) any requirements for disposal of personally identifiable information by the approved provider by a date certain; andCommentsClose CommentsPermalink





(3) information on all technical specifications and other criteria required by the Assistant Secretary to approve a background screening service provider.CommentsClose CommentsPermalink

SEC. 233. TRUSTED PASSENGER/REGISTERED TRAVELER PROGRAM.

(a) Assessments and Background Checks-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2) and not later than 120 days after the date of enactment of this Act, to enhance aviation security through risk management at airport checkpoints through use of a trusted passenger program, commonly referred to as the Registered Traveler program, established pursuant to section 109(a)(3) of the Aviation Transportation Security Act (115 Stat. 597), the Assistant Secretary shall--CommentsClose CommentsPermalink





(A) reinstate an initial and continuous security threat assessment program as part of the Registered Traveler enrollment process; andCommentsClose CommentsPermalink





(B) allow Registered Traveler providers to perform private sector background checks as part of their enrollment process with assurance that the program shall be undertaken in a manner consistent with constitutional privacy and civil liberties protections and be subject to approval and oversight by the Assistant Secretary.CommentsClose CommentsPermalink





(2) REQUIREMENTS- The Assistant Secretary shall not reinstate the threat assessment component of the Registered Traveler program or allow certain background checks unless the Assistant Secretary--CommentsClose CommentsPermalink





(A) determines that the Registered Traveler program, in accordance with this subsection, is integrated into risk-based aviation security operations; andCommentsClose CommentsPermalink





(B) expedites checkpoint screening, as appropriate, for Registered Traveler members who have been subjected to a security threat assessment and the private sector background check under this subsection.CommentsClose CommentsPermalink





(b) Notification-CommentsClose CommentsPermalink





(1) CONTENTS- Not later than 180 days after the date of enactment of this Act, if the Assistant Secretary determines that the Registered Traveler program can be integrated into risk-based aviation security operations under subsection (a), the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding--CommentsClose CommentsPermalink





(A) the level of risk reduction provided by carrying out section (a); andCommentsClose CommentsPermalink





(B) how the Registered Traveler program has been integrated into risk-based aviation security operations.CommentsClose CommentsPermalink





(2) CHANGES TO PROTOCOL- The Assistant Secretary shall also set forth what changes to the program, including screening protocols, have been implemented to realize the full potential of the Registered Traveler program.CommentsClose CommentsPermalink





(c) Treatment of Individuals With Top Secret Security Clearances- Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish protocols to--CommentsClose CommentsPermalink





(1) verify the identity of United States citizens who participate in the Registered Traveler program and possess a valid top secret security clearance granted by the Federal Government; andCommentsClose CommentsPermalink





(2) allow alternative screening procedures for individuals described in paragraph (1), including random, risk-based screening determined necessary to respond to a specific threat to security identified pursuant to a security threat assessment.CommentsClose CommentsPermalink





(d) Rule of Construction- Nothing in this section shall be construed to authorize any nongovernmental entity to perform vetting against the terrorist screening database maintained by the Administration.CommentsClose CommentsPermalink

SEC. 234. REPORT ON CABIN CREW COMMUNICATION.

Not later than one year after the date of enactment of this Act, the Assistant Secretary, in consultation with the Advisory Committee established under section 44946 of title 49, United States Code, shall prepare a report that assesses technologies and includes standards for the use of wireless devices to enhance transportation security on aircraft for the purpose of ensuring communication between and among cabin crew and pilot crewmembers, embarked Federal air marshals, and authorized law enforcement officials, as appropriate.CommentsClose CommentsPermalink

SEC. 235. AIR CARGO CREW TRAINING.

The Assistant Secretary, in consultation with the Advisory Committee established under section 44946 of title 49, United States Code, shall develop a plan for security training for the all-cargo aviation threats for pilots and, as appropriate, other crewmembers operating in all-cargo transportation.CommentsClose CommentsPermalink

SEC. 236. REIMBURSEMENT FOR AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.

(a) Process- Section 1604(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 481) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 60 days after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a process for resolving reimbursement claims for airports that have incurred, before the date of enactment of this Act, eligible costs associated with development of partial or completed in-line baggage systems.CommentsClose CommentsPermalink





‘(B) PROCESS FOR RECEIVING REIMBURSEMENT- The process shall allow an airport--CommentsClose CommentsPermalink





‘(i) to submit a claim to the Assistant Secretary for reimbursement for eligible costs described in subparagraph (A); andCommentsClose CommentsPermalink





‘(ii) not later than 180 days after date on which the airport submits the claim, to receive a determination on the claim and, if the determination is positive, to be reimbursed.CommentsClose CommentsPermalink





‘(C) REPORT- Not later than 60 days after the date on which the Assistant Secretary establishes the process under subparagraph (B), the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report containing a description of the process, including a schedule for the timely reimbursement of airports for which a positive determination has been made.’.CommentsClose CommentsPermalink





(b) Reimbursements of Airports for Eligible Costs Reimbursed at Less Than 90 Percent- If the Secretary or Assistant Secretary reimbursed, after August 3, 2007, an airport that incurred an amount for eligible costs under section 44923 of title 49, United States Code, that was less than 90 percent of such costs, the Secretary or Assistant Secretary shall reimburse such airport under such section an amount equal to the difference for such eligible costs.CommentsClose CommentsPermalink

SEC. 237. REPORT ON WHOLE BODY IMAGING TECHNOLOGY.

Upon completion of the ongoing whole body imaging technology pilot, the Assistant Secretary shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of the pilot, including how privacy protections were integrated.CommentsClose CommentsPermalink

SEC. 238. PROTECTIVE EQUIPMENT.

(a) Use of Personal Protective Equipment-CommentsClose CommentsPermalink





(1) IN GENERAL- Any personnel of the Transportation Security Administration voluntarily may wear personal protective equipment during any emergency.CommentsClose CommentsPermalink





(2) WRITTEN GUIDANCE- Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish, coordinate, and disseminate written guidance to personnel of the Transportation Security Administration to allow for the voluntary usage of personal protective equipment.CommentsClose CommentsPermalink





(3) DEFINITION- In this subsection, the term ‘personal protective equipment’ includes surgical and N95 masks, gloves, and hand sanitizer.CommentsClose CommentsPermalink





(b) Definition- In this section the term ‘protective equipment’ includes surgical masks and N95 masks.CommentsClose CommentsPermalink

SEC. 239. SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES.

(a) In General- Section 44903 of title 49, United States Code (as amended by this Act), is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(n) Security Screening for Members of the Armed Forces-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall develop and implement a plan to provide expedited security screening services for a member of the Armed Forces, and any accompanying family member, when the member of the Armed Forces is traveling on official orders while in uniform through a primary airport (as defined by section 47102).CommentsClose CommentsPermalink





‘(2) PROTOCOLS- In developing the plan, the Assistant Secretary shall consider--CommentsClose CommentsPermalink





‘(A) leveraging existing security screening models used by airports and air carriers to reduce passenger wait times before entering a security screening checkpoint;CommentsClose CommentsPermalink





‘(B) establishing standard guidelines for the screening of military uniform items, including combat boots; andCommentsClose CommentsPermalink





‘(C) incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act (115 Stat. 613), or into the development of any new credential or system that incorporates biometric technology and other applicable technologies to verify the identity of individuals traveling in air transportation.CommentsClose CommentsPermalink





‘(3) REPORT TO CONGRESS- The Assistant Secretary shall submit to the appropriate committees of Congress a report on the implementation of the plan.’.CommentsClose CommentsPermalink





(b) Effective Date- Not later than one year after the date of enactment of this Act, the Assistant Secretary shall establish the plan required by the amendment made by subsection (a).CommentsClose CommentsPermalink

SEC. 240. REPORT ON COMPLAINTS AND CLAIMS FOR LOSS OF PROPERTY FROM PASSENGER BAGGAGE.

Not later than six months after the date of enactment of this Act, the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives on complaints and claims received by the Administration for loss of property with respect to passenger baggage screened by the Administration, including--CommentsClose CommentsPermalink





(1) the number of such claims that are outstanding;CommentsClose CommentsPermalink





(2) the total value of property alleged in such outstanding claims to be missing;CommentsClose CommentsPermalink





(3) an estimate of the amount of time that will be required to resolve all such outstanding claims;CommentsClose CommentsPermalink





(4) the amount of Administration resources that will be devoted to resolving such outstanding claims, including the number of personnel and funding; andCommentsClose CommentsPermalink





(5) efforts that the Administration is making or is planning to make to address passenger grievances regarding such losses, enhance passenger property security, and provide effective oversight of baggage screeners and other Administration personnel who come in contact with passenger property.CommentsClose CommentsPermalink

SEC. 241. REPORT ON CERTAIN SECURITY PLAN.

Not later than 90 days after the date of enactment of this Act, the Assistant Secretary shall submit a report to the appropriate committees of Congress that--CommentsClose CommentsPermalink





(1) reviews whether the most recent security plans developed by the commercial aviation airports in the United States territories meet the security concerns described in guidelines and other official documents issued by the Transportation Security Administration pertaining to parts 1544 and 1546 of title 49, Code of Federal Regulations, particularly with regard to the commingling of passengers;CommentsClose CommentsPermalink





(2) makes recommendations regarding best practices supported by the Transportation Security Administration and any adequate alternatives that address the problems or benefits of commingling passengers at such airports to satisfy the concerns described in paragraph (1);CommentsClose CommentsPermalink





(3) reviews the potential costs of implementing the preferred and alternative methods to address the Administration concerns regarding parts 1544 and 1546 of title 49, Code of Federal Regulations, particularly in regards to the commingling of passengers at the airport; andCommentsClose CommentsPermalink





(4) identifies funding sources, including grant programs, to implement improved security methods at such airports.CommentsClose CommentsPermalink

SEC. 242. STUDY ON COMBINATION OF FACIAL AND IRIS RECOGNITION.

(a) Study Required- The Assistant Secretary shall carry out a study on the use of the combination of facial and iris recognition to rapidly identify individuals in security checkpoint lines. Such study shall focus on--CommentsClose CommentsPermalink





(1) increased accuracy of facial recognition;CommentsClose CommentsPermalink





(2) enhancement of existing iris recognition technology; andCommentsClose CommentsPermalink





(3) establishment of integrated face and iris features for accurate identification of individuals.CommentsClose CommentsPermalink





(b) Purpose of Study- The purpose of the study required by subsection (a) is to facilitate the use of a combination of facial and iris recognition to provide a higher probability of success in identification than either approach on its own and to achieve transformational advances in the flexibility, authenticity, and overall capability of integrated biometric detectors and satisfy one of major issues with war against terrorists. The operational goal of the study should be to provide the capability to non-intrusively collect biometrics (face image, iris) in less than ten seconds without impeding the movement of individuals.CommentsClose CommentsPermalink

SEC. 243. ISSUANCE OF REGULATIONS AND SECURITY DIRECTIVES USING EMERGENCY PROCEDURES.

(a) In General- Section 114(l) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph (A) by striking ‘immediately in order to protect transportation security’ and inserting ‘in order to respond to an imminent threat of finite duration’; andCommentsClose CommentsPermalink





(B) in subparagraph (B) by inserting ‘to determine if the regulation or security directive is needed to respond to an imminent threat of finite duration’ before the period at the end of the first sentence;CommentsClose CommentsPermalink





(2) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) FACTORS TO CONSIDER-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In determining whether to issue, rescind, or revise a regulation or security directive under this subsection, the Under Secretary shall consider, as factors in the final determination--CommentsClose CommentsPermalink





‘(i) whether the costs of the regulation or security directive are excessive in relation to the enhancement of security the regulation or security directive will provide;CommentsClose CommentsPermalink





‘(ii) whether the regulation or security directive will remain effective for more than a 90-day period; andCommentsClose CommentsPermalink





‘(iii) whether the regulation or security directive will require revision in the subsequent 90-day period.CommentsClose CommentsPermalink





‘(B) AUTHORITY TO WAIVE CERTAIN REQUIREMENTS- For purposes of subparagraph (A)(i), the Under Secretary may waive requirements for an analysis that estimates the number of lives that will be saved by the regulation or security directive and the monetary value of such lives if the Under Secretary determines that it is not feasible to make such an estimate.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) RULEMAKING REQUIRED- Any regulation or security directive issued under paragraph (2) that remains effective, with or without revision, for a period of more than 180 days shall be subject to a rulemaking pursuant to subchapter II of chapter 5 of title 5.’.CommentsClose CommentsPermalink





(b) Applicability- The amendment made by subsection (a)(3) shall apply to a regulation issued under section 114(l)(2) of title 49, United States Code, before, on, or after the date of enactment of this Act.CommentsClose CommentsPermalink

TITLE III--SURFACE TRANSPORTATION SECURITYCommentsClose CommentsPermalink

SEC. 301. ASSISTANT SECRETARY DEFINED.

Section 1301 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) ASSISTANT SECRETARY- The term ‘Assistant Secretary’ means the Assistant Secretary of Homeland Security (Transportation Security Administration).’.CommentsClose CommentsPermalink

SEC. 302. SURFACE TRANSPORTATION SECURITY INSPECTION PROGRAM.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) Surface transportation security inspectors assist passenger rail stakeholders in identifying security gaps through Baseline Assessment for Security Enhancement (‘BASE’) reviews, monitor freight rail stakeholder efforts to reduce the risk that toxic inhalation hazard shipments pose to high threat urban areas through Security Action Item (‘SAI’) reviews, and assist in strengthening chain of custody security.CommentsClose CommentsPermalink





(2) Surface transportation security inspectors play a critical role in building and maintaining working relationships with transit agencies and acting as liaisons between such agencies and the Transportation Security Operations Center, relationships which are vital to effective implementation of the surface transportation security mission.CommentsClose CommentsPermalink





(3) In December 2006, the Transportation Security Administration shifted from a system in which surface transportation security inspectors reported to surface-focused supervisors to a system in which inspectors report to aviation-focused supervisors in the field; a shift which has resulted in a strained chain of command, misappropriation of inspectors to nonsurface activities, the hiring of senior-level inspectors with no surface qualifications, and significant damage to relationships with transit agencies and inspector morale.CommentsClose CommentsPermalink





(b) Surface Transportation Security Inspection Office- Section 1304 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (c) through (j) as subsections (b) through (i), respectively; andCommentsClose CommentsPermalink





(2) by striking subsections (a) and (b) and inserting the following:CommentsClose CommentsPermalink





‘(a) Surface Transportation Security Inspection Office-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- The Secretary, acting through the Assistant Secretary, shall establish an office to be known as the Surface Transportation Security Inspection Office (in this section referred to as the ‘Office’).CommentsClose CommentsPermalink





‘(2) MISSION- The Secretary shall use the Office to train, employ, and utilize surface transportation security inspectors to--CommentsClose CommentsPermalink





‘(A) assist surface transportation carriers, operators, owners, entities, and facilities to enhance their security against terrorist attacks and other security threats; andCommentsClose CommentsPermalink





‘(B) assist the Secretary in enforcing applicable surface transportation security regulations and directives.CommentsClose CommentsPermalink





‘(3) OFFICERS-CommentsClose CommentsPermalink





‘(A) DIRECTOR- The head of the Office shall be the Director, who shall--CommentsClose CommentsPermalink





‘(i) oversee and coordinate the activities of the Office, including all officers and any corresponding surface transportation modes in which the Office carries out such activities, and the surface transportation security inspectors who assist in such activities; andCommentsClose CommentsPermalink





‘(ii) act as the primary point of contact between the Office and other entities that support the Department’s surface transportation security mission to ensure efficient and appropriate use of surface transportation security inspectors and maintain strong working relationships with surface transportation security stakeholders.CommentsClose CommentsPermalink





‘(B) DEPUTY DIRECTOR- There shall be a Deputy Director of the Office, who shall--CommentsClose CommentsPermalink





‘(i) assist the Director in carrying out the responsibilities of the Director under this subsection; andCommentsClose CommentsPermalink





‘(ii) serve as acting Director in the absence of the Director and during any vacancy in the office of Director.CommentsClose CommentsPermalink





‘(4) APPOINTMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Director and Deputy Director shall be responsible on a full-time basis for the duties and responsibilities described in this subsection.CommentsClose CommentsPermalink





‘(B) CLASSIFICATION- The position of Director shall be considered a position in the Senior Executive Service as defined in section 2101a of title 5, United States Code, and the position of Deputy Director shall be considered a position classified at grade GS-15 of the General Schedule.CommentsClose CommentsPermalink





‘(5) LIMITATION- No person shall serve as an officer under subsection (a)(3) while serving in any other position in the Federal Government.CommentsClose CommentsPermalink





‘(6) FIELD OFFICES-CommentsClose CommentsPermalink





‘(A) ESTABLISHMENT- The Secretary shall establish primary and secondary field offices in the United States to be staffed by surface transportation security inspectors in the course of carrying out their duties under this section.CommentsClose CommentsPermalink





‘(B) DESIGNATION- The locations for, and designation as ‘primary’ or ‘secondary’ of, such field offices shall be determined in a manner that is consistent with the Department’s risk-based approach to carrying out its homeland security mission.CommentsClose CommentsPermalink





‘(C) COMMAND STRUCTURE-CommentsClose CommentsPermalink





‘(i) PRIMARY FIELD OFFICES- Each primary field office shall be led by a chief surface transportation security inspector, who has significant experience with surface transportation systems, facilities, and operations and shall report directly to the Director.CommentsClose CommentsPermalink





‘(ii) SECONDARY FIELD OFFICES- Each secondary field office shall be led by a senior surface transportation security inspector, who shall report directly to the chief surface transportation security inspector of a geographically appropriate primary field office, as determined by the Director.CommentsClose CommentsPermalink





‘(D) PERSONNEL- Not later than 18 months after the date of enactment of the Transportation Security Administration Authorization Act, field offices shall be staffed with--CommentsClose CommentsPermalink





‘(i) not fewer than 7 surface transportation security inspectors, including one chief surface transportation security inspector, at every primary field office; andCommentsClose CommentsPermalink





‘(ii) not fewer than 5 surface transportation security inspectors, including one senior surface transportation security inspector, at every secondary field office.’.CommentsClose CommentsPermalink





(c) Number of Inspectors- Section 1304(e) of such Act (6 U.S.C. 1113(e)), as redesignated by subsection (b) of this section, is amended to read as follows:CommentsClose CommentsPermalink





‘(e) Number of Inspectors- Subject to the availability of appropriations, the Secretary shall hire not fewer than--CommentsClose CommentsPermalink





‘(1) 200 additional surface transportation security inspectors in fiscal year 2010; andCommentsClose CommentsPermalink





‘(2) 100 additional surface transportation security inspectors in fiscal year 2011.’.CommentsClose CommentsPermalink





(d) Coordination- Section 1304(f) of such Act (6 U.S.C. 1113(f)), as redesignated by subsection (b) of this section, is amended by striking ‘114(t)’ and inserting ‘114(s)’.CommentsClose CommentsPermalink





(e) Report- Section 1304(h) of such Act (6 U.S.C. 1113(h)), as redesignated by subsection (b) of this section, is amended by striking ‘2008’ and inserting ‘2011’.CommentsClose CommentsPermalink





(f) Plan- Section 1304(i) of such Act (6 U.S.C. 1113(i)), as redesignated by subsection (b) of this section, is amended to read as follows:CommentsClose CommentsPermalink





‘(i) Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for expanding the duties and leveraging the expertise of surface transportation security inspectors to further support the Department’s surface transportation security mission.CommentsClose CommentsPermalink





‘(2) CONTENTS- The plan shall include--CommentsClose CommentsPermalink





‘(A) an analysis of how surface transportation security inspectors could be used to conduct oversight activities with respect to surface transportation security projects funded by relevant grant programs administered by the Department;CommentsClose CommentsPermalink





‘(B) an evaluation of whether authorizing surface transportation security inspectors to obtain or possess law enforcement qualifications or status would enhance the capacity of the Office to take an active role in the Department’s surface transportation security operations; andCommentsClose CommentsPermalink





‘(C) any other potential functions relating to surface transportation security the Secretary determines appropriate.’.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- Section 1304 of such Act (6 U.S.C. 1113) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(j) Authorization of Appropriations- From amounts made available under section 101 of the Transportation Security Administration Authorization Act, there are authorized to be appropriated such sums as may be necessary to the Secretary to carry out this section for fiscal years 2010 and 2011.’.CommentsClose CommentsPermalink





(h) Conforming Amendment- Section 1304(b) of such Act (6 U.S.C. 1113(b)), as redesignated by subsection (b) of this section, is amended by striking ‘subsection (e)’ and inserting ‘subsection (d)’.CommentsClose CommentsPermalink

SEC. 303. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.

Section 1303 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is amended--CommentsClose CommentsPermalink





(1) in subsection (a) by striking ‘Administrator of the Transportation Security Administration,’ and inserting ‘Assistant Secretary,’;CommentsClose CommentsPermalink





(2) in subsection (a)(4) by striking ‘team,’ and inserting ‘team as to specific locations and times within their facilities at which VIPR teams should be deployed to maximize the effectiveness of such deployment and other matters,’; andCommentsClose CommentsPermalink





(3) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Performance Measures- Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall develop and implement a system of qualitative performance measures and objectives by which to assess the roles, activities, and effectiveness of VIPR team operations on an ongoing basis, including a mechanism through which the transportation entities listed in subsection (a)(4) may submit feedback on VIPR team operations involving their systems or facilities.CommentsClose CommentsPermalink





‘(c) Plan- Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall develop and implement a plan for ensuring the interoperability of communications among all participating VIPR team components as designated under subsection (a)(1) and between VIPR teams and any relevant transportation entities as designated in subsection (a)(4) whose systems or facilities are involved in VIPR team operations, including an analysis of the costs and resources required to carry out the plan.CommentsClose CommentsPermalink





‘(d) Authorization of Appropriations- From amounts made available under section 101 of the Transportation Security Administration Authorization Act, there are authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for fiscal years 2010 and 2011.’.CommentsClose CommentsPermalink

SEC. 304. SURFACE TRANSPORTATION SECURITY STAKEHOLDER PARTICIPATION.

(a) In General- Title XIII of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE.

‘(a) Establishment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall establish in the Transportation Security Administration an advisory committee, to be known as the Transit Security Advisory Committee (in this section referred to as the ‘Advisory Committee’), to assist the Assistant Secretary with issues pertaining to surface transportation security.CommentsClose CommentsPermalink





‘(2) RECOMMENDATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Assistant Secretary shall require the Advisory Committee to develop recommendations for improvements to surface transportation security planning, methods, equipment, and processes.CommentsClose CommentsPermalink





‘(B) PRIORITY ISSUES- Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Advisory Committee shall submit to the Assistant Secretary recommendations on--CommentsClose CommentsPermalink





‘(i) improving homeland security information sharing between components of the Department of Homeland Security and surface transportation security stakeholders, including those represented on the Advisory Committee; andCommentsClose CommentsPermalink





‘(ii) streamlining or consolidating redundant security background checks required by the Department under relevant statutes governing surface transportation security, as well as redundant security background checks required by States where there is no legitimate homeland security basis for requiring such checks.CommentsClose CommentsPermalink





‘(3) MEETINGS- The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.CommentsClose CommentsPermalink





‘(4) UNPAID POSITION- Advisory Committee Members shall serve at their own expense and receive no salary, reimbursement for travel expenses, or other compensation from the Federal Government.CommentsClose CommentsPermalink





‘(b) Membership-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall ensure that the Advisory Committee is composed of not more than one individual representing not more than 27 member organizations, including representatives from public transportation agencies, passenger rail agencies or operators, railroad carriers, motor carriers, owners or operators of highways, over-the-road bus operators and terminal owners and operators, pipeline operators, labor organizations representing employees of such entities, and the surface transportation security technology industry.CommentsClose CommentsPermalink





‘(2) APPOINTMENTS- Members shall be appointed by the Assistant Secretary and the Assistant Secretary shall have the discretion to review the participation of any Advisory Committee member and remove for cause at any time.CommentsClose CommentsPermalink





‘(c) Nonapplicability of FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee under this section.CommentsClose CommentsPermalink





‘(d) Passenger Carrier Security Working Group-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall establish within the Advisory Committee a passenger carrier security working group to provide recommendations for successful implementation of initiatives relating to passenger rail, over-the-road bus, and public transportation security proposed by the Transportation Security Administration in accordance with statutory requirements, including relevant grant programs and security training provisions.CommentsClose CommentsPermalink





‘(2) MEETINGS- The working group shall meet at least semiannually and provide annual reports to the Assistant Secretary with recommendations to improve the Transportation Security Administration’s initiatives relating to passenger rail, over-the-road bus, and public transportation security, including grant, training, inspection, or other relevant programs authorized in titles XIII and XIV, and subtitle C of title XV of this Act.CommentsClose CommentsPermalink





‘(3) MEMBERSHIP- The working group shall be composed of members from the Advisory Committee with expertise in public transportation, over-the-road bus, or passenger rail systems and operations, all appointed by the Assistant Secretary.CommentsClose CommentsPermalink





‘(4) REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The working group shall prepare and submit reports to the Assistant Secretary in accordance with this paragraph that provide recommendations as described in paragraphs (1) and (2).CommentsClose CommentsPermalink





‘(B) SUBMISSION- Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, and on an annual basis thereafter, the working group shall submit a report on the findings and recommendations developed under subparagraph (A) to the Assistant Secretary.CommentsClose CommentsPermalink





‘(e) Freight Rail Security Working Group-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Assistant Secretary shall establish within the Advisory Committee a freight rail security working group to provide recommendations for successful implementation of initiatives relating to freight rail security proposed by the Transportation Security Administration in accordance with statutory requirements, including relevant grant programs and security training provisions.CommentsClose CommentsPermalink





‘(2) MEETINGS- The working group shall meet at least semiannually and provide annual reports to the Assistant Secretary with recommendations to improve the Transportation Security Administration’s initiatives relating to freight rail security, including grant, training, inspection, or other relevant programs authorized in titles XIII and XV of this Act.CommentsClose CommentsPermalink





‘(3) MEMBERSHIP- The working group shall be composed of members from the Advisory Committee with expertise in freight rail systems and operations, all appointed by the Assistant Secretary.CommentsClose CommentsPermalink





‘(4) REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The working group shall prepare and submit reports to the Assistant Secretary in accordance with this paragraph that provide recommendations as described in paragraphs (1) and (2).CommentsClose CommentsPermalink





‘(B) SUBMISSION- Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, and on an annual basis thereafter, the working group shall submit a report on the findings and recommendations developed under subparagraph (A) to the Assistant Secretary.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 1(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53) is amended by adding at the end of title XIII (Transportation Security Enchantments) the following:CommentsClose CommentsPermalink





‘Sec. 1311. Transit Security Advisory Committee.’.CommentsClose CommentsPermalink

SEC. 305. HUMAN CAPITAL PLAN FOR SURFACE TRANSPORTATION SECURITY PERSONNEL.

(a) In General- Not later than one year after the date of enactment of this Act, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a human capital plan for hiring, training, managing, and compensating surface transportation security personnel, including surface transportation security inspectors.CommentsClose CommentsPermalink





(b) Consultation- In developing the human capital plan, the Assistant Secretary shall consult with the chief human capital officer of the Department of Homeland Security, the Director of the Surface Transportation Security Inspection Office, the Inspector General of the Department of Homeland Security, and the Comptroller General.CommentsClose CommentsPermalink





(c) Approval- Prior to submission, the human capital plan shall be reviewed and approved by the chief human capital officer of the Department of Homeland Security.CommentsClose CommentsPermalink

SEC. 306. SURFACE TRANSPORTATION SECURITY TRAINING.

(a) Status Report- Not later than 30 days after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the status of the Department’s implementation of sections 1408, 1517, and 1534 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184), including detailed timeframes for development and issuance of the transportation security training regulations required under such sections.CommentsClose CommentsPermalink





(b) Private Providers- Not later than one year after the date of enactment of this Act, the Assistant Secretary shall identify criteria and establish a process for approving and maintaining a list of approved private third-party providers of security training with whom surface transportation entities may enter into contracts, as needed, for the purpose of satisfying security training requirements of the Department of Homeland Security, including requirements developed under sections 1408, 1517, and 1534 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184), in accordance with section 103 of this Act.CommentsClose CommentsPermalink

SEC. 307. IMPROVEMENT OF PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

(a) In General- Section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(1)--CommentsClose CommentsPermalink





(A) in subparagraph (B), by inserting ‘bollards,’ after ‘including’; andCommentsClose CommentsPermalink





(B) in subparagraph (D), by inserting after ‘including’ the following: ‘projects for the purpose of demonstrating or assessing the capability of such systems and’;CommentsClose CommentsPermalink





(2) by redesignating subsections (e) through (k) as subsections (f) through (l), respectively;CommentsClose CommentsPermalink





(3) by redesignating subsections (l) and (m) as subsections (n) and (o), respectively;CommentsClose CommentsPermalink





(4) by inserting after subsection (d) the following new subsection (e):CommentsClose CommentsPermalink





‘(e) Procedure-CommentsClose CommentsPermalink





‘(1) TIMELINE-CommentsClose CommentsPermalink





‘(A) AVAILABILITY OF APPLICATIONS- Applications for grants under this section for a grant cycle shall be made available to eligible applicants not later than 30 days after the date of the enactment of the appropriations Act for the Department of Homeland Security for the same fiscal year as the grant cycle.CommentsClose CommentsPermalink





‘(B) SUBMISSION OF APPLICATIONS- A public transportation agency that is eligible for a grant under this section shall submit an application for a grant not later than 45 days after the applications are made available under subparagraph (A).CommentsClose CommentsPermalink





‘(C) ACTION- The Secretary shall make a determination approving or rejecting each application submitted under subparagraph (B), notify the applicant of the determination, and immediately commence any additional processes required to allow an approved applicant to begin to receive grant funds by not later than 60 days after date on which the Secretary receives the application.CommentsClose CommentsPermalink





‘(2) PROHIBITION OF COST-SHARING REQUIREMENT- No grant under this section may require any cost-sharing contribution from the grant recipient or from any related State or local agency.CommentsClose CommentsPermalink





‘(3) ANNUAL REPORT- Not later than the date that is 180 days after the last determination made under paragraph (1)(C) for a grant cycle, the Secretary shall submit to the Committees on Appropriations and Homeland Security of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report that includes a list of all grant awarded under this section for that grant cycle for which the grant recipient is not, as of such date, able to receive grant funds and an explanation of why such funds have not yet been released for use by the recipient.CommentsClose CommentsPermalink





‘(4) PERFORMANCE-CommentsClose CommentsPermalink





‘(A) DURATION- The performance period for grants made under this section shall be a period of time not less than 36 months in duration.CommentsClose CommentsPermalink





‘(B) TIMING- The performance period for any grant made under this section shall not begin to run until the recipient of the grant has been formally notified that funds provided under the terms of the grant have been released for use by the recipient.’;CommentsClose CommentsPermalink





(5) by inserting after subsection (l), as redesignated by paragraph (2) of this section, the following new subsection (m):CommentsClose CommentsPermalink





‘(m) Access- The Secretary shall ensure that, for each grant awarded under this section, the Inspector General of the Department is authorized to--CommentsClose CommentsPermalink





‘(1) examine any records of the grant recipient or any contractors or subcontractors with which the recipient enters into a contract, or any State or local agency, that directly pertain to and involve transactions relating to grants under this section; andCommentsClose CommentsPermalink





‘(2) interview any officer or employee of the recipient, any contractors or subcontractors with which the recipient enters into a contract, or State or local agency regarding such transactions.’; andCommentsClose CommentsPermalink





(6) in subsection (o), as redesignated by paragraph (3) of this section--CommentsClose CommentsPermalink





(A) by striking paragraph (1) and inserting the following new paragraph (1):CommentsClose CommentsPermalink





‘(1) IN GENERAL- There is authorized to be appropriated to the Secretary to make grants under this section--CommentsClose CommentsPermalink





‘(A) $900,000,000 for fiscal year 2010, except that not more than 30 percent of such funds may be used for operational costs under subsection (b)(2) of this section; andCommentsClose CommentsPermalink





‘(B) $1,100,000,000 for fiscal year 2011, except that not more than 30 percent of such funds may be used for operational costs under subsection (b)(2) of this section.’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; andCommentsClose CommentsPermalink





(C) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink





‘(3) EXCEPTION- The limitation on the percentage of funds that may be used for operational costs under paragraph (1) shall not apply to any costs involved with or relating to explosives detection canine teams acquired or used for the purpose of securing public transportation systems or facilities.’.CommentsClose CommentsPermalink





(b) Technical Assistance Pilot Program-CommentsClose CommentsPermalink





(1) PILOT PROGRAM REQUIRED-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than one year after the date of the enactment of this Act, the Assistant Secretary shall conduct and complete a pilot program to provide grants to not more than 7 public transportation agencies eligible for security grants under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) for the purpose of obtaining external technical support and expertise to assist such agencies in conducting comprehensive security risk assessments of public transportation systems, resources, and facilities.CommentsClose CommentsPermalink





(B) METHODOLOGY- Not later than 60 days after the date of the enactment of this Act, the Assistant Secretary shall identify--CommentsClose CommentsPermalink





(i) a comprehensive risk methodology for conducting comprehensive security risk assessments using grants made under this subsection that accounts for all three elements of risk, including threat, vulnerability, and consequence; andCommentsClose CommentsPermalink





(ii) an approved third-party provider of technical support and expertise for the purpose of providing external assistance to grantees in conducting comprehensive security risk assessments.CommentsClose CommentsPermalink





(C) PARTICIPANTS-CommentsClose CommentsPermalink





(i) IN GENERAL- In selecting public transportation agencies to participate in the pilot program, the Assistant Secretary shall approve eligible agencies based on a combination of factors, including risk, whether the agency has completed a comprehensive security risk assessment referred to in subparagraph (B)(i) within a year preceding the date of enactment of this Act, and geographic representation.CommentsClose CommentsPermalink





(ii) PRIOR EFFORTS- No eligible public transportation agency may be denied participation in the pilot program on the grounds that it has applied for other grants administered by the Department for the purpose of conducting a comprehensive security risk assessment.CommentsClose CommentsPermalink





(D) PROHIBITIONS- In carrying out the pilot program the Assistant Secretary shall ensure that--CommentsClose CommentsPermalink





(i) grants awarded under the pilot program shall supplement and not replace other sources of Federal funding;CommentsClose CommentsPermalink





(ii) other sources of Federal funding are not taken into consideration when assistance is awarded under the pilot program; andCommentsClose CommentsPermalink





(iii) no aspect of the pilot program is conducted or administered by a component of the Department other than the Transportation Security Administration.CommentsClose CommentsPermalink





(2) REPORT- Not later than 180 days after the completion of the pilot program, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report on the results of the pilot program, including an analysis of the feasibility and merit of expanding the pilot program to a permanent program and any recommendations determined appropriate by the Assistant Secretary.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF APPROPRIATIONS- Of amounts made available pursuant to section 101 for fiscal year 2010, $7,000,000 shall be available to the Assistant Secretary to carry out this subsection. Any amount made available to the Assistant Secretary pursuant to this paragraph shall remain available until the end of fiscal year 2011.CommentsClose CommentsPermalink





(c) Report on Recommendations of Comptroller General-CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of the Secretary’s implementation of the recommendations of the Comptroller General with respect to the improvement of the administration of security grants under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53).CommentsClose CommentsPermalink





(2) REVIEW BY INSPECTOR GENERAL- Before the Secretary submits the report required under paragraph (1), the report shall be reviewed by the Inspector General of the Department of Homeland Security. When the Secretary submits the report to Congress under paragraph (1), the Secretary shall include with the report documentation verifying that the report was reviewed by the Inspector General in accordance with this paragraph.CommentsClose CommentsPermalink

SEC. 308. INTERNATIONAL LESSONS LEARNED FOR SECURING PASSENGER RAIL AND PUBLIC TRANSPORTATION SYSTEMS.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) numerous terrorist attacks since September 11, 2001, have targeted passenger rail or public transportation systems;CommentsClose CommentsPermalink





(2) nearly 200 people were killed and almost 2,000 more were injured when terrorists set off 10 simultaneous explosions on 4 commuter trains in Madrid, Spain, on March 11, 2004;CommentsClose CommentsPermalink





(3) 50 people were killed and more than 700 injured in successive bombings of 3 transit stations and a public bus in London, England, on July 7, 2005, and a second attack against 4 similar targets on July 21, 2005, failed because of faulty detonators;CommentsClose CommentsPermalink





(4) more than 200 people were killed and more than 700 injured in simultaneous terrorist bombings of commuter trains on the Western Line in the suburbs of Mamba, India, on July 11, 2006;CommentsClose CommentsPermalink





(5) the acts of terrorism in Mamba, India, on November 26, 2008, included commando-style attacks on a major railway station; andCommentsClose CommentsPermalink





(6) a disproportionately low amount of attention and resources have been devoted to surface transportation security by the Department of Homeland Security, including the security of passenger rail and public transportation systems, as compared with aviation security, which has been the primary focus of Federal transportation security efforts generally, and of the Transportation Security Administration in particular.CommentsClose CommentsPermalink





(b) Study- The Comptroller General shall conduct a study on the efforts undertaken by the Secretary and Assistant Secretary, as well as other entities determined by the Comptroller General to have made significant efforts, since January 1, 2004, to learn from foreign nations that have been targets of terrorist attacks on passenger rail and public transportation systems in an effort to identify lessons learned from the experience of such nations to improve the execution of Department functions to address transportation security gaps in the United States.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the study. The report shall also include an analysis of relevant legal differences that may affect the ability of the Department to apply lessons learned.CommentsClose CommentsPermalink





(2) RECOMMENDATIONS- The Comptroller General shall include in the report recommendations on how the Department and its components, including the Transportation Security Administration, can expand efforts to learn from the expertise and the security practices of passenger rail and public transportation systems in foreign nations that have experienced terrorist attacks on such systems.CommentsClose CommentsPermalink

SEC. 309. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.

(a) Demonstration Project- The Assistant Secretary, in consultation with the Under Secretary for Science and Technology, shall conduct a full-scale demonstration project to test and assess the feasibility and effectiveness of certain technologies to enhance the security of underwater public transportation tunnels against terrorist attacks involving the use of improvised explosive devices.CommentsClose CommentsPermalink





(b) Inflatable Plugs-CommentsClose CommentsPermalink





(1) IN GENERAL- At least one of the technologies tested under subsection (a) shall be inflatable plugs that may be rapidly deployed to prevent flooding of a tunnel.CommentsClose CommentsPermalink





(2) FIRST TECHNOLOGY TESTED- Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall carry out a demonstration project that tests the effectiveness of using inflatable plugs for the purpose described in paragraph (1).CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 180 days after completion of the demonstration project under this section, the Assistant Secretary shall submit a report to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, on the results of the demonstration project.CommentsClose CommentsPermalink





(d) Authorization of Appropriation- Of the amounts made available under section 101 for fiscal year 2010, $8,000,000 shall be available to carry out this section.CommentsClose CommentsPermalink

SEC. 310. PASSENGER RAIL SECURITY DEMONSTRATION PROJECT.

(a) Demonstration Project- The Assistant Secretary, in consultation with the Under Secretary for Science and Technology, shall conduct a demonstration project in a passenger rail system to test and assess the feasibility and effectiveness of technologies to strengthen the security of passenger rail systems against terrorist attacks involving the use of improvised explosive devices.CommentsClose CommentsPermalink





(b) Security Technologies- The demonstration project under this section shall test and assess technologies to--CommentsClose CommentsPermalink





(1) detect improvised explosive devices on station platforms, through the use of foreign object detection programs in conjunction with cameras; andCommentsClose CommentsPermalink





(2) defeat improvised explosive devices left on rail tracks.CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 180 days after completion of the demonstration project under this section, the Assistant Secretary shall submit a report to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, on the results of the demonstration project.CommentsClose CommentsPermalink

SEC. 311. EXPLOSIVES DETECTION CANINE TEAMS.

Section 1307 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)(A), by striking ‘2010’ and inserting ‘2011’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) ALLOCATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall increase the number of canine teams certified by the Transportation Security Administration for the purpose of passenger rail and public transportation security activities to not less than 200 canine teams by the end of fiscal year 2011.CommentsClose CommentsPermalink





‘(B) COOPERATIVE AGREEMENTS- The Secretary shall expand the use of canine teams to enhance passenger rail and public transportation security by entering into cooperative agreements with passenger rail and public transportation agencies eligible for security assistance under section 1406 of this Act for the purpose of deploying and maintaining canine teams to such agencies for use in passenger rail or public transportation security activities and providing for assistance in an amount not less than $75,000 for each canine team deployed, to be adjusted by the Secretary for inflation.CommentsClose CommentsPermalink





‘(C) AUTHORIZATION OF APPROPRIATIONS- From amounts made available under section 101 of the Transportation Security Administration Authorization Act, there are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this paragraph for fiscal years 2010 and 2011.’;CommentsClose CommentsPermalink





(2) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (3), by striking ‘and’;CommentsClose CommentsPermalink





(B) in paragraph (4), by striking the period at the end and inserting the following: ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) expand the use of canine teams trained to detect vapor wave trails in passenger rail and public transportation security environments, as the Secretary, in consultation with the Assistant Secretary, determines appropriate.’;CommentsClose CommentsPermalink





(3) in subsection (e), by striking ‘, if appropriate,’ and inserting ‘, to the extent practicable,’; andCommentsClose CommentsPermalink





(4) by striking subsection (f) and inserting the following new subsection (f):CommentsClose CommentsPermalink





‘(f) Report- Not later than one year after the date of the enactment of the Transportation Security Administration Authorization Act, the Comptroller General shall submit to the appropriate congressional committees a report on--CommentsClose CommentsPermalink





‘(1) utilization of explosives detection canine teams to strengthen security in passenger rail and public transportation environments;CommentsClose CommentsPermalink





‘(2) the capacity of the national explosive detection canine team program as a whole; andCommentsClose CommentsPermalink





‘(3) how the Assistant Secretary could better support State and local passenger rail and public transportation entities in maintaining certified canine teams for the life of the canine, including by providing financial assistance.’.CommentsClose CommentsPermalink

SEC. 312. DEPUTY ASSISTANT SECRETARY FOR SURFACE TRANSPORTATION SECURITY.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the Transportation Security Administration’s capacity to address surface transportation security would be enhanced significantly by establishing a position of Deputy Assistant Secretary for Surface Transportation Security to lead the Transportation Security Administration’s surface transportation security mission; andCommentsClose CommentsPermalink





(2) a Deputy Assistant Secretary for Surface Transportation Security could provide the focused leadership and resource management necessary to implement the policies and programs that are critical to securing surface transportation modes and ensure the effectiveness of the Surface Transportation Security Inspection Office, security policy and grant functions affecting surface transportation modes, and the Transit Security Advisory Committee.CommentsClose CommentsPermalink





(b) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 270 days after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the feasibility and merit of establishing a Deputy Assistant Secretary for Surface Transportation Security in the Transportation Security Administration to reflect the reality of security threats that are faced by all modes of transportation in the United States and also whether establishing the position of a Deputy Assistant Secretary for Aviation Security would more effectively streamline or enhance the operational and policymaking capabilities of the Transportation Security Administration for all transportation modes.CommentsClose CommentsPermalink





(2) RECOMMENDATIONS- The Inspector General shall include in the report recommendations on--CommentsClose CommentsPermalink





(A) the most effective and efficient ways to organize offices, functions, personnel, and programs of the Transportation Security Administration under or among all respective Deputy Assistant Secretary positions to be created;CommentsClose CommentsPermalink





(B) what offices, functions, personnel, and programs of the Transportation Security Administration would best remain outside of the scope of any new Deputy Assistant Secretary positions in order that such offices, functions, personnel, and programs maintain the status of reporting directly to the Assistant Secretary; andCommentsClose CommentsPermalink





(C) any other relevant matters, as the Inspector General determines appropriate.CommentsClose CommentsPermalink

SEC. 313. PUBLIC HEARINGS ON SECURITY ASSISTANCE GRANT PROGRAM AND THE RESTRICTION OF SECURITY IMPROVEMENT PRIORITIES.

(a) Public Hearings- Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall conduct public hearings on the administration of the security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135). The Assistant Secretary shall--CommentsClose CommentsPermalink





(1) solicit information and input from the 5 urban areas that receive the largest amount of grant funds under such section, including recipients providing mass transportation and passenger rail services; andCommentsClose CommentsPermalink





(2) solicit feedback from such recipients on whether current allowable uses of grant funds under the regulations or guidance implementing the grant program are sufficient to address security improvement priorities identified by transit agencies.CommentsClose CommentsPermalink





(b) Report to Congress- The Assistant Secretary shall submit to the Committees on Appropriations and Homeland Security of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report on the findings of the public hearings conducted under paragraph (1). The report shall include--CommentsClose CommentsPermalink





(1) the Assistant Secretary’s determinations with respect to the extent to which security improvement priorities identified by transit agencies are not met by the regulations or guidance implementing the grant program; andCommentsClose CommentsPermalink





(2) how such regulations or guidance should be changed to accommodate such priorities, or the Assistant Secretary’s justification for not addressing such priorities with the grant program.CommentsClose CommentsPermalink

TITLE IV--TRANSPORTATION SECURITY ENHANCEMENTSCommentsClose CommentsPermalink

Subtitle A--Security EnhancementsCommentsClose CommentsPermalink

SEC. 401. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY BACKGROUND CHECKS.

Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives a report that contains--CommentsClose CommentsPermalink





(1) a review of background checks and forms of identification required under State and local transportation security programs;CommentsClose CommentsPermalink





(2) a determination as to whether the background checks and forms of identification required under such programs duplicate or conflict with Federal programs; andCommentsClose CommentsPermalink





(3) recommendations on limiting the number of background checks and forms of identification required under such programs to reduce or eliminate duplication with Federal programs.CommentsClose CommentsPermalink

SEC. 402. ANIMAL-PROPELLED VESSELS.

Notwithstanding section 70105 of title 46, United States Code, the Secretary shall not require an individual to hold a transportation security card, or be accompanied by another individual who holds such a card if--CommentsClose CommentsPermalink





(1) the individual has been issued a license, certificate of registry, or merchant mariner’s document under part E of subtitle II of title 46, United States Code;CommentsClose CommentsPermalink





(2) the individual is not allowed unescorted access to a secure area designated in a vessel or facility security plan approved by the Secretary; andCommentsClose CommentsPermalink





(3) the individual is engaged in the operation of a live animal-propelled vessel.CommentsClose CommentsPermalink

SEC. 403. REQUIREMENTS FOR ISSUANCE OF TRANSPORTATION SECURITY CARDS; ACCESS PENDING ISSUANCE; REDUNDANT BACKGROUND CHECKS.

Section 70105 of title 46, United States Code, is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(n) Escorting- The Secretary shall coordinate with owners and operators subject to this section to allow any individual who has a pending application for a transportation security card under this section or is waiting for reissuance of such card, including any individual whose card has been lost or stolen, and who needs to perform work in a secure or restricted area to have access to such area for that purpose through escorting of such individual in accordance with subsection (a)(1)(B) by another individual who holds a transportation security card.CommentsClose CommentsPermalink





‘(o) Processing Time- The Secretary shall review an initial transportation security card application and respond to the applicant, as appropriate, including the mailing of an Initial Determination of Threat Assessment letter, within 30 days after receipt of the initial application. The Secretary shall, to the greatest extent practicable, review appeal and waiver requests submitted by a transportation security card applicant, and send a written decision or request for additional information required for the appeal or waiver determination, within 30 days after receipt of the applicant’s appeal or waiver written request. For an applicant that is required to submit additional information for an appeal or waiver determination, the Secretary shall send a written decision, to the greatest extent practicable, within 30 days after receipt of all requested information.CommentsClose CommentsPermalink





‘(p) Receipt of Cards- Within 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall develop a process to permit an individual approved for a transportation security card under this section to receive the card at the individual’s place of residence.CommentsClose CommentsPermalink





‘(q) Fingerprinting- The Secretary shall establish procedures providing for an individual who is required to be fingerprinted for purposes of this section to be fingerprinted at facilities operated by or under contract with an agency of the Department of the Secretary that engages in fingerprinting the public for transportation security or other security purposes.CommentsClose CommentsPermalink





‘(r) Redundant Background Checks- The Secretary shall prohibit a State or political subdivision thereof from requiring a separate security background check for any purpose for which a transportation security card is issued under this section. The Secretary may waive the application of this subsection with respect to a State or political subdivision thereof if the State or political subdivision demonstrates a compelling homeland security reason that a separate security background check is necessary.’.CommentsClose CommentsPermalink

SEC. 404. HARMONIZING SECURITY CARD EXPIRATIONS.

Section 70105(b) of title 46, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) The Secretary may extend for up to one year the expiration of a biometric transportation security card required by this section to align the expiration with the expiration of a license, certificate of registry, or merchant mariner document required under chapter 71 or 73.’.CommentsClose CommentsPermalink

SEC. 405. SECURING AVIATION FROM EXTREME TERRORIST THREATS.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) In 2001, Congress gave the Assistant Secretary, Transportation Security Administration, the task to ‘develop policies, strategies, and plans for dealing with threats to transportation security’. The individuals currently held at the Naval Station, Guantanamo Bay, Cuba, were detained during armed conflict and pose a serious and continuing threat to the transportation security interests of the United States and its allies.CommentsClose CommentsPermalink





(2) Terrorists, including Khalid Sheikh Mohammad, the admitted mastermind of the September 11, 2001 terrorist attacks, have clearly demonstrated their desire and intent to use airplanes as weapons to kill innocent Americans. The August 2006 liquid explosive plot to take down 10 commercial airliners over the United States is positive proof that air transportation continues to be a target.CommentsClose CommentsPermalink





(3) In light of al Qaeda’s propensity to conduct aviation-related attacks and the fact that, according to the Department of Defense, at least 74 former Guantanamo Bay detainees once considered ‘non-threatening’ are recidivists to terrorism, restrictions on the air travel of former detainees are necessary to protect the public from future attacks.CommentsClose CommentsPermalink





(4) Therefore, individuals who are or have been detained at Guantanamo should not be allowed to fly commercially in the United States and should be added to the Transportation Security Administration’s No Fly List, until the President certifies that each individual detainee poses no threat to the United States, its citizens, or its allies.CommentsClose CommentsPermalink





(b) Prohibition of Detainee Use of Commercial Aviation- Section 44903(j)(2)(C) of title 49, United States Code, as amended by section 213 of the bill, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(vi) INCLUSION OF DETAINEES ON NO FLY LIST- The Assistant Secretary, in coordination with the Terrorist Screening Center, shall include on the No Fly List any individual who was a detainee held at the Naval Station, Guantanamo Bay, Cuba, unless the President certifies in writing to Congress that the detainee poses no threat to the United States, its citizens, or its allies. For purposes of this clause, the term ‘detainee’ means an individual in the custody or under the physical control of the United States as a result of armed conflict.’.CommentsClose CommentsPermalink

SEC. 406. PIPELINE SECURITY STUDY.

(a) Study- The Comptroller General shall conduct a study regarding the roles and responsibilities of the Department of Homeland Security and the Department of Transportation with respect to pipeline security. The study shall address whether--CommentsClose CommentsPermalink





(1) the Annex to the Memorandum of Understanding executed on August 9, 2006, between the Department of Homeland Security and the Department of Transportation adequately delineates strategic and operational responsibilities for pipeline security, including whether it is clear which Department is responsible for--CommentsClose CommentsPermalink





(A) protecting against intentional pipeline breaches;CommentsClose CommentsPermalink





(B) responding to intentional pipeline breaches; andCommentsClose CommentsPermalink





(C) planning to recover from the effects of intentional pipeline breaches;CommentsClose CommentsPermalink





(2) the respective roles and responsibilities of each Department are adequately conveyed to relevant stakeholders and to the public; andCommentsClose CommentsPermalink





(3) the processes and procedures for determining whether a particular pipeline breach is a terrorist incident are clear and effective.CommentsClose CommentsPermalink





(b) Report on Study- Not later than 180 days after the date of enactment of this section, the Comptroller General shall submit to the Committee on Homeland Security in the House of Representatives a report containing the findings of the study conducted under subsection (a).CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 90 days after the issuance of the report regarding the study conducted pursuant to this section, the Secretary of Homeland Security shall review and analyze the study and submit to the Committee on Homeland Security of the House of Representatives a report on such review and analysis, including any recommendations for--CommentsClose CommentsPermalink





(1) changes to the Annex to the Memorandum of Understanding described in subsection (a)(1); andCommentsClose CommentsPermalink





(2) other improvements to pipeline security activities at the Department of Homeland Security.CommentsClose CommentsPermalink

SEC. 407. TRANSPORTATION SECURITY ADMINISTRATION CENTRALIZED TRAINING FACILITY.

(a) Study- The Secretary of Homeland Security shall carry out a study on the feasibility of establishing a centralized training center for advanced security training provided by the Transportation Security Administration for the purpose of enhancing aviation security.CommentsClose CommentsPermalink





(b) Considerations- In conducting the study, the Secretary shall take into consideration the benefits, costs, equipment, personnel needs, and building requirements for establishing such a training center and if the benefits of establishing the center are an efficient use of resources for training transportation security officers.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding the results of the study.CommentsClose CommentsPermalink

Subtitle B--SAFE Truckers Act of 2009CommentsClose CommentsPermalink

SEC. 431. SHORT TITLE.

This subtitle may be cited as the ‘Screening Applied Fairly and Equitably to Truckers Act of 2009’ or the ‘SAFE Truckers Act of 2009’.CommentsClose CommentsPermalink

SEC. 432. SURFACE TRANSPORTATION SECURITY.

(a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE XXI--SURFACE TRANSPORTATION SECURITYCommentsClose CommentsPermalink

‘SEC. 2101. TRANSPORTATION OF SECURITY SENSITIVE MATERIALS.

‘(a) Security Sensitive Materials- Not later than 120 days after the date of enactment of this section, the Secretary shall issue final regulations, after notice and comment, defining security sensitive materials for the purposes of this title.CommentsClose CommentsPermalink





‘(b) Motor Vehicle Operators- The Secretary shall prohibit an individual from operating a motor vehicle in commerce while transporting a security sensitive material unless the individual holds a valid transportation security card issued by the Secretary under section 70105 of title 46, United States Code.CommentsClose CommentsPermalink





‘(c) Shippers- The Secretary shall prohibit a person from--CommentsClose CommentsPermalink





‘(1) offering a security sensitive material for transportation by motor vehicle in commerce; orCommentsClose CommentsPermalink





‘(2) causing a security sensitive material to be transported by motor vehicle in commerce,CommentsClose CommentsPermalink





unless the motor vehicle operator transporting the security sensitive material holds a valid transportation security card issued by the Secretary under section 70105 of title 46, United States Code.CommentsClose CommentsPermalink

‘SEC. 2102. ENROLLMENT LOCATIONS.

‘(a) Fingerprinting Locations- The Secretary shall--CommentsClose CommentsPermalink





‘(1) work with appropriate entities to ensure that fingerprinting locations for individuals applying for a transportation security card under section 70105 of title 46, United States Code, have flexible operating hours; andCommentsClose CommentsPermalink





‘(2) permit an individual applying for such transportation security card to utilize a fingerprinting location outside of the individual’s State of residence to the greatest extent practicable.CommentsClose CommentsPermalink





‘(b) Receipt and Activation of Cards- The Secretary shall develop guidelines and procedures to permit an individual to receive a transportation security card under section 70105 of title 46, United States Code, at the individual’s place of residence and to activate the card at any enrollment center.CommentsClose CommentsPermalink





‘(c) Number of Locations- The Secretary shall develop and implement a plan--CommentsClose CommentsPermalink





‘(1) to offer individuals applying for a transportation security card under section 70105 of title 46, United States Code, the maximum number of fingerprinting locations practicable across diverse geographic regions; andCommentsClose CommentsPermalink





‘(2) to conduct outreach to appropriate stakeholders, including owners, operators, and relevant entities (and labor organizations representing employees of such owners, operators, and entities), to keep the stakeholders informed of the timeframe and locations for the opening of additional fingerprinting locations.CommentsClose CommentsPermalink





‘(d) Authorization- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

‘SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE.

‘(a) In General- The Secretary is authorized to ensure compliance with this title.CommentsClose CommentsPermalink





‘(b) Memorandum of Understanding- The Secretary may enter into a memorandum of understanding with the Secretary of Transportation to ensure compliance with section 2101.CommentsClose CommentsPermalink

‘SEC. 2104. CIVIL PENALTIES.

‘A person that violates this title or a regulation or order issued under this title is liable to the United States Government pursuant to the Secretary’s authority under section 114(v) of title 49, United States Code.CommentsClose CommentsPermalink

‘SEC. 2105. COMMERCIAL MOTOR VEHICLE OPERATORS REGISTERED TO OPERATE IN MEXICO OR CANADA.

‘The Secretary shall prohibit a commercial motor vehicle operator licensed to operate in Mexico or Canada from operating a commercial motor vehicle transporting a security sensitive material in commerce in the United States until the operator has been subjected to, and not disqualified as a result of, a security background records check by a Federal agency that the Secretary determines is similar to the security background records check required for commercial motor vehicle operators in the United States transporting security sensitive materials in commerce.CommentsClose CommentsPermalink

‘SEC. 2106. OTHER SECURITY BACKGROUND CHECKS.

‘The Secretary shall determine that an individual applying for a transportation security card under section 70105 of title 46, United States Code, has met the background check requirements for such card if the individual was subjected to, and not disqualified as a result of, a security background records check by a Federal agency that the Secretary determines is equivalent to or more stringent than the background check requirements for such card.CommentsClose CommentsPermalink

‘SEC. 2107. REDUNDANT BACKGROUND CHECKS.

‘(a) In General- After the date of enactment of this title, the Secretary shall prohibit a State or political subdivision thereof from requiring a separate security background check of an individual seeking to transport hazardous materials.CommentsClose CommentsPermalink





‘(b) Waivers- The Secretary may waive the application of subsection (a) with respect to a State or political subdivision thereof if the State or political subdivision demonstrates a compelling homeland security reason that a separate security background check is necessary to ensure the secure transportation of hazardous materials in the State or political subdivision.CommentsClose CommentsPermalink





‘(c) Limitation on Statutory Construction- Nothing in this section shall limit the authority of a State to ensure that an individual has the requisite knowledge and skills to safely transport hazardous materials in commerce.CommentsClose CommentsPermalink

‘SEC. 2108. TRANSITION.

‘(a) Treatment of Individuals Receiving Prior Hazardous Materials Endorsements- The Secretary shall treat an individual who has obtained a hazardous materials endorsement in accordance with section 1572 of title 49, Code of Federal Regulations, before the date of enactment of this title, as having met the background check requirements of a transportation security card under section 70105 of title 46, United States Code, subject to reissuance or expiration dates of the hazardous materials endorsement.CommentsClose CommentsPermalink





‘(b) Reduction in Fees- The Secretary shall reduce, to the greatest extent practicable, any fees associated with obtaining a transportation security card under section 70105 of title 46, United Sates Code, for any individual referred to in subsection (a).CommentsClose CommentsPermalink

‘SEC. 2109. SAVINGS CLAUSE.

‘Nothing in this title shall be construed as affecting the authority of the Secretary of Transportation to regulate hazardous materials under chapter 51 of title 49, United States Code.CommentsClose CommentsPermalink

‘SEC. 2110. DEFINITIONS.

‘In this title, the following definitions apply:CommentsClose CommentsPermalink





‘(1) COMMERCE- The term ‘commerce’ means trade or transportation in the jurisdiction of the United States--CommentsClose CommentsPermalink





‘(A) between a place in a State and a place outside of the State; orCommentsClose CommentsPermalink





‘(B) that affects trade or transportation between a place in a State and a place outside of the State.CommentsClose CommentsPermalink





‘(2) HAZARDOUS MATERIAL- The term ‘hazardous material’ has the meaning given that term in section 5102 of title 49, United States Code.CommentsClose CommentsPermalink





‘(3) PERSON- The term ‘person’, in addition to its meaning under section 1 of title 1, United States Code--CommentsClose CommentsPermalink





‘(A) includes a government, Indian tribe, or authority of a government or tribe offering security sensitive material for transportation in commerce or transporting security sensitive material to further a commercial enterprise; butCommentsClose CommentsPermalink





‘(B) does not include--CommentsClose CommentsPermalink





‘(i) the United States Postal Service; andCommentsClose CommentsPermalink





‘(ii) in section 2104, a department, agency, or instrumentality of the Government.CommentsClose CommentsPermalink





‘(4) SECURITY SENSITIVE MATERIAL- The term ‘security sensitive material’ has the meaning given that term in section 1501 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1151).CommentsClose CommentsPermalink





‘(5) TRANSPORTS; TRANSPORTATION- The term ‘transports’ or ‘transportation’ means the movement of property and loading, unloading, or storage incidental to such movement.’.CommentsClose CommentsPermalink

SEC. 433. CONFORMING AMENDMENT.

The table of contents contained in section 1(b) of the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE XXI--SURFACE TRANSPORTATION SECURITY

‘Sec. 2101. Transportation of security sensitive materials.CommentsClose CommentsPermalink





‘Sec. 2102. Enrollment locations.CommentsClose CommentsPermalink





‘Sec. 2103. Authority to ensure compliance.CommentsClose CommentsPermalink





‘Sec. 2104. Civil penalties.CommentsClose CommentsPermalink





‘Sec. 2105. Commercial motor vehicle operators registered to operate in Mexico or Canada.CommentsClose CommentsPermalink





‘Sec. 2106. Other security background checks.CommentsClose CommentsPermalink





‘Sec. 2107. Redundant background checks.CommentsClose CommentsPermalink





‘Sec. 2108. Transition.CommentsClose CommentsPermalink





‘Sec. 2109. Savings clause.CommentsClose CommentsPermalink





‘Sec. 2110. Definitions.’.CommentsClose CommentsPermalink

SEC. 434. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.

Section 5103a of title 49, United States Code, and the item relating to that section in the analysis for chapter 51 of such title, are repealed.CommentsClose CommentsPermalink

SEC. 435. DEADLINES AND EFFECTIVE DATES.

(a) Issuance of Transportation Security Cards- Not later than May 31, 2010, the Secretary shall begin issuance of transportation security cards under section 70105 of title 46, United States Code, to individuals who seek to operate a motor vehicle in commerce while transporting security sensitive materials.CommentsClose CommentsPermalink





(b) Effective Date of Prohibitions- The prohibitions contained in sections 2101 and 2106 of the Homeland Security Act of 2002 (as added by this subtitle) shall take effect on the date that is 3 years after the date of enactment of this Act.CommentsClose CommentsPermalink





(c) Effective Date of Section 434 Amendments- The amendments made by section 434 of this Act shall take effect on the date that is 3 years after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 436. TASK FORCE ON DISQUALIFYING CRIMES.

(a) Establishment- The Secretary shall establish a task force to review the lists of crimes that disqualify individuals from transportation-related employment under current regulations of the Transportation Security Administration and assess whether such lists of crimes are accurate indicators of a terrorism security risk.CommentsClose CommentsPermalink





(b) Membership- The task force shall be composed of representatives of appropriate industries, including labor unions representing employees of such industries, Federal agencies, and other appropriate entities, as determined by the Secretary.CommentsClose CommentsPermalink





(c) Report- Not later than 180 days after the date of enactment of this Act, the task force shall submit to the Secretary and the Committee on Homeland Security of the House of Representatives a report containing the results of the review, including recommendations for a common list of disqualifying crimes and the rationale for the inclusion of each crime on the list.CommentsClose CommentsPermalink

Passed the House of Representatives June 4, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

111th CONGRESS

1st Session

H. R. 2200

AN ACT

To authorize the Transportation Security Administration’s programs relating to the provision of transportation security, and for other purposes LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink