[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2200 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2200

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2009

 Ms. Jackson-Lee of Texas (for herself, Mr. Dent, and Mr. Thompson of 
 Mississippi) introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Transportation 
Security Administration Authorization Act''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Risk-based system for allocation of resources.
Sec. 103. Ensuring contracting with small business concerns and 
                            disadvantaged business concerns.
                      TITLE II--AVIATION SECURITY

                 Subtitle A--Amendments to Chapter 449

Sec. 201. Elimination of alternate baggage security screening.
Sec. 202. Prohibition of advance notice of covert testing to security 
                            screeners.
Sec. 203. Secure verification system for law enforcement officers.
Sec. 204. Ombudsman for Federal Air Marshal Service.
Sec. 205. Foreign repair stations.
Sec. 206. Assistant Secretary defined.
Sec. 207. TSA and homeland security information sharing.
Sec. 208. Aviation security stakeholder participation.
Sec. 209. General aviation security.
                       Subtitle B--Other Matters

Sec. 221. Security risk assessment of airport perimeter access 
                            controls.
Sec. 222. Advanced passenger prescreening system.
Sec. 223. Biometric identifier airport access enhancement demonstration 
                            program.
Sec. 224. Transportation security training programs.
Sec. 225. Deployment of technology approved by science and technology 
                            directorate.
Sec. 226. In-line baggage screening study.
Sec. 227. GAO report on certain contracts and use of funds.
Sec. 228. IG report on certain policies for Federal air marshals.
               TITLE III--SURFACE TRANSPORTATION SECURITY

Sec. 301. Surface transportation security inspection program.
Sec. 302. Strengthening visible intermodal prevention and response 
                            teams.
Sec. 303. Surface transportation security stakeholder participation.
Sec. 304. Human capital plan for surface transportation security 
                            personnel.
Sec. 305. Surface transportation security training.
Sec. 306. Security assistance IG Report.
Sec. 307. International lessons learned for securing passenger rail and 
                            public transportation systems.
Sec. 308. Underwater tunnel security demonstration project.
Sec. 309. Passenger rail security demonstration project.
Sec. 310. Report and recommendation for uniform security background 
                            checks.
Sec. 311. Explosives detection canine teams.
Sec. 312. Animal-propelled vessels.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means Assistant Secretary of Homeland Security (Transportation 
        Security Administration).
            (2) 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.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary for the necessary expenses of the Transportation 
Security Administration for fiscal years 2010 and 2011.

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 Secretary, acting through 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.
    (b) Assessments.--The report shall include assessments of the 
Transportation Security Administration's progress in--
            (1) adopting security goals that define specific outcomes, 
        conditions, end points, and performance targets;
            (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;
            (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;
            (4) establishing an approach for gathering data on 
        investments by State, local, and private sector security 
        partners in transportation security;
            (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;
            (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 this review once 
        completed;
            (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 this approach; and
            (8) establishing internal controls, including--
                    (A) a focal point and clearly defined roles and 
                responsibilities for ensuring that the Administration's 
                risk management framework is implemented;
                    (B) policies, procedures, and guidance that require 
                the implementation of the Administration's framework 
                and completion of related work activities; and
                    (C) a system to monitor and improve how effectively 
                the framework is being implemented.

SEC. 103. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS AND 
              DISADVANTAGED BUSINESS CONCERNS.

    (a) Requirements for Prime Contracts.--The Secretary, acting 
through the Assistant Secretary, shall include in each contract awarded 
for procurement of goods or services acquired for the Transportation 
Security Administration--
            (1) a requirement that the contractor shall implement a 
        plan for the award, in accordance with other applicable 
        requirements, of subcontracts under the contract to small 
        business concerns, including small business concerns owned and 
        controlled by socially and economically disadvantaged 
        individuals, small business concerns owned and controlled by 
        women, small business concerns owned and controlled by service-
        disabled veterans, HUBZone small business concerns, small 
        business concerns participating in the program under section 
        8(a) of the Small Business Act (15 U.S.C. 637(a)), institutions 
        receiving assistance under title III or V of the Higher 
        Education Act of 1965 (20 U.S.C. 1051 et seq., 1101 et seq.), 
        and Alaska Native Corporations created pursuant to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
        including the terms of such plan; and
            (2) a requirement that the contractor shall submit to the 
        Secretary, during performance of the contract, periodic reports 
        describing the extent to which the contractor has complied with 
        such plan, including specification (by total dollar amount and 
        by percentage of the total dollar value of the contract) of the 
        value of subcontracts awarded at all tiers of subcontracting to 
        small business concerns, institutions, and corporations 
        referred to in subsection (a)(1).
    (b) Utilization of Alliances.--The Secretary shall seek to 
facilitate award of contracts by the United States to alliances of 
small business concerns, institutions, and corporations referred to in 
subsection (a)(1).
    (c) Annual Report.--
            (1) In general.--The Secretary, acting through 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 by October 
        31 each year a report on the award of contracts to small 
        business concerns, institutions, and corporations referred to 
        in subsection (a)(1) during the preceding fiscal year.
            (2) Contents.--The Secretary, acting through the Assistant 
        Secretary, shall include in each report--
                    (A) specification of the value of such contracts, 
                by dollar amount and as a percentage of the total 
                dollar value of all contracts awarded by the United 
                States in such fiscal year;
                    (B) specification of the total dollar value of such 
                contracts awarded to each of the categories of small 
                business concerns, institutions, and corporations 
                referred to in subsection (a)(1); and
                    (C) if the percentage specified under subparagraph 
                (A) is less than 25 percent, an explanation of--
                            (i) why the percentage is less than 25 
                        percent; and
                            (ii) what will be done to ensure that the 
                        percentage for the following fiscal year will 
                        not be less than 25 percent.

                      TITLE II--AVIATION SECURITY

                 Subtitle A--Amendments to Chapter 449

SEC. 201. ELIMINATION OF ALTERNATE BAGGAGE SECURITY SCREENING.

    Section 44901(e)(1) of title 49, United States Code, is amended to 
read as follows:
            ``(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 Secretary acting through 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.''.

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

    Section 44935 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) Prohibition of Advance Notice to Security Screeners of Covert 
Testing and Evaluation.--
            ``(1) In general.--The Secretary, acting through 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.
            ``(2) Exceptions.--Notwithstanding paragraph (1)--
                    ``(A) an individual may provide information 
                concerning a covert test of a transportation security 
                system to--
                            ``(i) employees, officers, and contractors 
                        of the Federal Government (including military 
                        personnel);
                            ``(ii) employees and officers of State and 
                        local governments; and
                            ``(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; and
                    ``(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.
            ``(3) Special rules for tsa.--
                    ``(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 comprised 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).
                    ``(B) Responsibility of cover team.--Under this 
                paragraph, a cover team for a covert test of a 
                transportation security system shall--
                            ``(i) monitor the test; and
                            ``(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.
                    ``(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--
                            ``(i) is approved by the Federal Security 
                        Director for such airport; and
                            ``(ii) is carried out under an aviation 
                        screening assessment program of the Department 
                        of Homeland Security.
                    ``(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.
            ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Appropriate individual.--The term 
                `appropriate individual', as used with respect to a 
                covert test of a transportation security system, means 
                any individual that--
                            ``(i) the individual conducting the test 
                        determines needs to know his or her status as 
                        an individual conducting a test under paragraph 
                        (2)(B); or
                            ``(ii) the cover team monitoring the test 
                        under paragraph (3)(B)(i) determines needs to 
                        know the identity of an individual conducting 
                        the test.
                    ``(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).
                    ``(C) Covert test.--
                            ``(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.
                            ``(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 regulations under title 49, Code of 
                        Federal Regulations.
                    ``(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.
                    ``(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.''.

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:
    ``(e) Secure Verification System for Law Enforcement Officers.--
            ``(1) In general.--The Secretary, acting through 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.
            ``(2) Demonstration.--The Secretary, acting through 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.
            ``(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 established under section 44946 of 
        title 49, United States Code, evaluating the demonstration 
        program.
            ``(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.
            ``(5) Authorizations 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.''.

SEC. 204. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERVICE.

    Section 44917 of title 49, United States Code, is further amended 
by adding at the end the following:
    ``(f) Ombudsman.--
            ``(1) Establishment.--The Secretary, acting through the 
        Assistant Secretary, shall establish in the Federal Air Marshal 
        Service an Office of the Ombudsman.
            ``(2) Appointment.--The head of the Office shall be the 
        Ombudsman, who shall be appointed by the Assistant Secretary.
            ``(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 Comptroller General.''.

SEC. 205. FOREIGN REPAIR STATIONS.

    Section 44924(f) of title 49, United States Code, is amended to 
read as follows:
    ``(f) Regulations.--Not later than 6 months after the date of 
enactment of the Transportation Security Administration Authorization 
Act, the Secretary, acting through the Assistant Secretary, shall issue 
regulations establishing security standards for foreign repair stations 
performing maintenance for aircraft used to provide air 
transportation.''.

SEC. 206. 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:
``Sec. 44931. Assistant Secretary defined
    ``In this chapter--
            ``(1) the term `Assistant Secretary' means the Assistant 
        Secretary of Homeland Security (Transportation Security 
        Administration); and
            ``(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.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by inserting before the item relating to section 44933 the 
following:

``Sec. 44931. Assistant Secretary defined.''.

SEC. 207. TSA AND HOMELAND SECURITY INFORMATION SHARING.

    (a) Federal Security Director.--Section 44933 of title 49, United 
States Code, is amended--
            (1) by striking ``Manager'' each place it appears and 
        inserting ``Director'';
            (2) by striking ``Managers'' each place it appears and 
        inserting ``Directors''; and
            (3) by adding at the end the following:
    ``(c) Information Sharing.--Not later than one year after the date 
of enactment of the Transportation Security Administration 
Authorization Act, the Secretary of Homeland Security, acting through 
the Assistant Secretary, shall--
            ``(1) require an airport security plan to have clear 
        reporting procedures to ensure 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;
            ``(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; 
        and
            ``(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.''.
    (b) Conforming Amendments.--
            (1) Section 114(f)(6) of title 49, United States Code, is 
        amended by striking ``Managers'' and inserting ``Directors''.
            (2) Section 44940(a)(1)(F) of title 49, United States Code, 
        is amended by striking ``Managers'' and inserting 
        ``Directors''.
    (c) Technical Amendment.--The chapter analysis for chapter 449 is 
amended by striking the item relating to section 44933 and inserting 
the following:

``44933. Federal Security Directors.''.

SEC. 208. 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:
``Sec. 44946. Aviation Security Advisory Committee
    ``(a) Establishment of Aviation Security Advisory Committee.--
            ``(1) In general.--The Secretary of Homeland Security, 
        acting through 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 Secretary with issues pertaining to aviation 
        security, including credentialing.
            ``(2) Recommendations.--The Secretary, acting through the 
        Assistant Secretary, shall require the Advisory Committee to 
        develop recommendations for improvements to civil aviation 
        security methods, equipment, and processes.
            ``(3) Meetings.--The Assistant Secretary shall require the 
        Advisory Committee to meet at least semi-annually and may 
        convene additional meetings as necessary.
            ``(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.
    ``(b) Membership.--
            ``(1) In general.--The Assistant Secretary shall ensure 
        that the Advisory Committee is composed of not more than 27 
        members, including representatives from 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.
            ``(2) Representatives.--The representatives listed in 
        paragraph (1) shall have at least one member on the Advisory 
        Committee, but not more than a maximum of three members. 
        Members shall be appointed by the Assistant Secretary. The 
        Assistant Secretary shall have the discretion to review the 
        participation of any Advisory Committee member and recommend 
        changes for cause at any time.
    ``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee.
    ``(d) Air Cargo Security Working Group.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary, shall establish within the Advisory 
        Committee an air cargo security working group to provide 
        recommendations for successful implementation of the cargo 
        screening initiatives proposed by the Transportation Security 
        Administration to screen cargo on passenger aircraft in 
        accordance with established cargo screening mandates.
            ``(2) Meetings.--The working group shall meet at least 
        semi-annually and provide annual reports to the Secretary with 
        recommendations to improve the Administration's cargo screening 
        initiatives established to meet all cargo screening mandates 
        set forth in the Implementing Recommendations of the 9/11 
        Commission Act of 2007 (Public Law 110-53; 121 Stat. 266 et 
        seq.).
            ``(3) Membership.--The working group shall be composed of 
        members from the Advisory Committee with expertise in cargo 
        operations or cargo screening. Members shall be appointed by 
        the Assistant Secretary.
            ``(4) Reports.--
                    ``(A) In general.--The working group shall prepare 
                and submit reports to the Secretary in accordance with 
                this paragraph that provide cargo screening mandate 
                implementation recommendations.
                    ``(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 Secretary, including any 
                recommendations of the group--
                            ``(i) to reduce redundancies and increase 
                        efficiencies with the screening and inspection 
                        of inbound cargo; and
                            ``(ii) on the potential development of a 
                        fee structure to help sustain cargo-screening 
                        efforts.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``Sec. 44946. Aviation Security Advisory Committee.''.

SEC. 209. GENERAL AVIATION SECURITY.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, is further amended by adding at the end the following:
``Sec. 44947. General aviation security
    ``(a) General Aviation Security Grant Program.--
            ``(1) In general.--The Secretary of Homeland Security 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 
        for improvements to enhance perimeter security, airfield 
        security, and terminal security.
            ``(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 Secretary shall develop and make 
        publically available a list of approved eligible projects for 
        such grants based upon recommendations made by the working 
        group in such report.
            ``(3) Federal share.--The Federal share of the cost of 
        activities for which grants are made under this subsection 
        shall be 90 percent.
    ``(b) General Aviation Security Working Group.--
            ``(1) In general.--The Secretary of Homeland Security, 
        acting through the Assistant Secretary, shall establish, in 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 and general 
        aviation aircraft.
            ``(2) Meetings.--The working group shall meet on a semi-
        annual basis.
            ``(3) Membership.--The Assistant Secretary shall appoint 
        members from the Aviation Security Advisory Committee with 
        general aviation experience.
            ``(4) Reports.--
                    ``(A) Submission.--The working group shall submit a 
                report to the Secretary with recommendations on ways to 
                improve security at general aviation airports.
                    ``(B) Contents of report.--The report of the 
                working group submitted to the 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).
                    ``(C) Subsequent reports.--After submitting the 
                report, the working group shall continue to report to 
                the Secretary on general aviation aircraft and 
                airports.
    ``(c) Authorization of Appropriations.--From amounts authorized 
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.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
further amended by adding at the end the following:

``Sec. 44947. General aviation security.''.

                       Subtitle B--Other Matters

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

    (a) In General.--The Secretary, acting through 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.
    (b) Contents.--The plan shall--
            (1) incorporate best practices for enhanced perimeter 
        access controls;
            (2) evaluate and incorporate major findings of all relevant 
        pilot programs of the Transportation Security Administration;
            (3) integrate recommendations of the Government 
        Accountability Office on perimeter access controls; and
            (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.

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--
            (1) describes the progress made by the Department of 
        Homeland Security in implementing the advanced passenger 
        prescreening system; and
            (2) includes any other relevant recommendations that the 
        Comptroller General determines appropriate.
    (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.

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

    (a) In General.--The Secretary, acting through the Assistant 
Secretary, shall carry out a demonstration program under which 
biometric identifier access systems for individuals with 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.
    (b) Airports Participating in Program.--The Secretary shall select 
at least 7 airports, including at least 2 large airports, to 
participate in the demonstration program.
    (c) Initiation and Duration of Program.--
            (1) Deadline for initiation.--The Secretary shall initiate 
        the demonstration program not later than one year after the 
        date of enactment of this Act.
            (2) Duration.--The program shall have a duration of not 
        less than 180 days and not more than one year.
    (d) Required Elements.--In conducting the demonstration program, 
the Secretary shall--
            (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; and
            (2) conduct a risk-based analysis of the selected airports 
        and other airports, as the Secretary determines appropriate, to 
        identify where the implementation of biometric identifier 
        systems could benefit security.
    (e) Considerations.--In conducting the demonstration program, the 
Secretary shall consider, at a minimum, the following:
            (1) Parallel systems.--Existing parallel biometric 
        transportation security systems applicable to workers with 
        unescorted access to transportation systems, including--
                    (A) transportation worker identification 
                credentials issued under section 70105 of title 46, 
                United States Code;
                    (B) armed law enforcement travel credentials issued 
                under section 44903(h)(6) of title 49, United States 
                Code; and
                    (C) other credential and biometric identifier 
                systems used by the Federal Government, as the 
                Secretary considers appropriate.
            (2) Efforts by transportation security administration.--Any 
        biometric identifier system or proposals developed by the 
        Assistant Secretary.
            (3) Infrastructure and technical requirements.--The 
        architecture, modules, interfaces, and transmission of data 
        needed for airport security operations.
            (4) Existing airport systems.--Credentialing and access 
        control systems in use in secure and sterile areas of airports.
            (5) Associated costs.--The costs of implementing uniform, 
        standards-based, and interoperable biometric identifier systems 
        at airports, including--
                    (A) the costs to airport operators, airport 
                workers, air carriers, and other aviation industry 
                stakeholders; and
                    (B) the costs associated with ongoing operations 
                and maintenance and modifications and enhancements 
                needed to support changes in physical and electronic 
                infrastructure.
            (6) Information from other sources.--Recommendations, 
        guidance, and information from other sources, including the 
        Comptroller General and other governmental entities, 
        organizations representing airport workers, and private 
        individuals and organizations.
    (f) Identification of Best Practices.--In conducting the 
demonstration program, the Secretary shall identify best practices for 
the administration of biometric identifier access at airports, 
including best practices for each of the following processes:
            (1) Registration, vetting, and enrollment.
            (2) Issuance.
            (3) Verification and use.
            (4) Expiration and revocation.
            (5) Development of a cost structure for acquisition of 
        biometric identifier credentials.
            (6) Development of redress processes for workers.
    (g) Consultation.--In conducting the demonstration program, the 
Secretary shall consult with the Aviation Security Advisory Committee 
on how airports can 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.
    (h) Evaluation.--The 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.
    (i) Report to Congress.--Not later than 180 days after the last day 
of the demonstration program, the 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.
    (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.
    (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.

SEC. 224. TRANSPORTATION SECURITY TRAINING PROGRAMS.

    Not later than one year after the date of enactment of this Act, 
the Secretary, acting through the Assistant Secretary, shall establish 
recurring training of transportation security officers on updates to 
screening procedures and technologies in response to weaknesses 
identified in covert tests at airports. The training shall include--
            (1) internal controls for monitoring and documenting 
        compliance of transportation security officers with training 
        requirements;
            (2) the availability of high-speed Internet and Intranet 
        connectivity to all airport training facilities of the 
        Administration; and
            (3) such other matters as identified by the Assistant 
        Secretary with regard to training.

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

    (a) In General.--The 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 integration of technologies 
for transportation security with high approval or testing results from 
the Directorate and the Transportation Security Laboratory of the 
Department.
    (b) Contents of Strategic Plan.--The strategic plan developed under 
subsection (a) shall include--
            (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;
            (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; and
            (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.
    (c) Report to Congress.--The Secretary shall submit to the 
appropriate committees of Congress, including the Committee on Homeland 
Security of the House of Representatives, an annual report assessing 
all technologies that have undergone testing and evaluation by the 
Transportation Security Laboratory and any technologies used in any 
demonstration program administered by the Transportation Security 
Administration. The first report submitted under this subsection shall 
assess such technologies for a period of not less than 2 years.

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 aging 
baggage screening equipment at commercial service airports. 
Specifically, the report shall address the Administration's plans, 
estimated costs, and current milestones for replacing explosive 
detection equipment that is nearing the end of its useful product life.

SEC. 227. GAO REPORT ON CERTAIN CONTRACTS AND USE OF FUNDS.

    Not later than 60 days after the date of enactment of this Act, and 
every 6 months thereafter, 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 regarding any funds made available by the Consolidated Security, 
Disaster Assistance, and Continuing Appropriations Act, 2009 (Public 
Law 110-329), the Omnibus Appropriations Act, 2009 (Public Law 111-8), 
or the Economic Stimulus Act of 2008 (Public Law 110-185) used by the 
Transportation Security Administration to award a contract for any 
explosive detection screening system or to implement any other 
screening or detection technology for use at an airport.

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 considers necessary to ensure an alert and 
responsible workforce of Federal air marshals.

               TITLE III--SURFACE TRANSPORTATION SECURITY

SEC. 301. SURFACE TRANSPORTATION SECURITY INSPECTION PROGRAM.

    (a) Findings, Definition, and Inspection Office.--Congress finds 
the following:
            (1) Surface transportation security inspectors assist bus 
        and 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.
            (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.
            (3) Because Visible Intermodal Prevention and Response 
        (referred to in this section as ``VIPR'') team coordinators and 
        participants are often unfamiliar with the nature of surface 
        transportation security inspector activities, the 
        Transportation Security Administration would benefit 
        significantly from integrating the inspectors' activities and 
        expertise into VIPR exercises, as well as using the 
        professional strengths and experience of the inspectors to 
        educate and familiarize other VIPR team components about 
        surface modes.
            (4) 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.
    (b) Assistant Secretary Defined.--Section 1301 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111) is 
amended by adding at the end the following:
            ``(7) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary, Transportation Security 
        Administration.''.
    (c) 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 by striking subsections (a) and (b) and 
inserting the following:
    ``(a) Surface Transportation Security Inspection Office.--
            ``(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').
            ``(2) Mission.--The Secretary shall use the Office to 
        train, employ, and utilize surface transportation security 
        inspectors to--
                    ``(A) assist surface transportation carriers, 
                operators, owners, entities, and facilities to enhance 
                their security against terrorist attacks and other 
                security threats; and
                    ``(B) assist the Secretary in enforcing applicable 
                surface transportation security regulations and 
                directives.
            ``(3) Officers.--
                    ``(A) Director.--The head of the Office shall be 
                the Director, who shall--
                            ``(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; and
                            ``(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.
                    ``(B) Deputy director.--There shall be a Deputy 
                Director of the Office, who shall--
                            ``(i) assist the Director in carrying out 
                        the responsibilities of the Director under this 
                        subsection; and
                            ``(ii) serve as acting Director in the 
                        absence of the Director and during any vacancy 
                        in the office of Director.
            ``(4) Appointment.--The Director and Deputy Director shall 
        be appointed by the Secretary, and shall be responsible on a 
        full-time basis for the duties and responsibilities described 
        in this subsection.
            ``(5) Limitation.--No person shall serve as an officer 
        under subsection (a)(3) while serving in any other position in 
        the Federal Government.
            ``(6) Field offices.--
                    ``(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.
                    ``(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.
                    ``(C) Command structure.--
                            ``(i) Primary field offices.--Each primary 
                        field office shall be led by a chief surface 
                        transportation security inspector, who shall 
                        have significant experience as a surface 
                        transportation security inspector and shall 
                        report directly to the Director.
                            ``(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.
                    ``(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--
                            ``(i) not fewer than 7 surface 
                        transportation security inspectors, including 
                        one chief surface transportation security 
                        inspector, at every primary field office; and
                            ``(ii) not fewer than 5 surface 
                        transportation security inspectors, including 
                        one senior surface transportation security 
                        inspector, at every secondary field office.''.
    (d) Number of Inspectors.--Section 1304(f) of such Act (6 U.S.C. 
1113(f)) is amended to read as follows:
    ``(f) Number of Inspectors.--Subject to the availability of 
appropriations, the Secretary shall hire not fewer than--
            ``(1) 200 additional surface transportation security 
        inspectors in fiscal year 2010; and
            ``(2) 100 additional surface transportation security 
        inspectors in fiscal year 2011.''.
    (e) Coordination.--Section 1304(g) of such Act (6 U.S.C. 1113(g)) 
is amended by striking ``114(t)'' and inserting ``114(s)''.
    (f) Report.--Section 1304(i) of such Act (6 U.S.C. 1113(i)) is 
amended to by striking ``2008'' and inserting ``2011''.
    (g) Plan.--Section 1304(j) of such Act (6 U.S.C. 1113(j)) is 
amended to read as follows:
    ``(j) Plan.--
            ``(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.
            ``(2) Contents.--The plan shall include--
                    ``(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;
                    ``(B) an evaluation of how to maximize the use of 
                surface transportation security inspectors in Visible 
                Intermodal Prevention and Response team operations 
                carried out under section 1303 and the extent to which 
                having some inspectors with law enforcement 
                qualifications or status could enhance their capacity 
                to take an active role in such operations; and
                    ``(C) any other potential functions relating to 
                surface transportation security the Secretary 
                determines appropriate.''.
    (h) Authorization of Appropriations.--Section 1304 of such Act (6 
U.S.C. 1113) is amended by adding the following:
    ``(k) Authorization of Appropriations.--From amounts authorized 
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.''.

SEC. 302. STRENGTHENING 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--
            (1) in subsection (a) by striking ``Administrator of the 
        Transportation Security Administration,'' and inserting 
        ``Assistant Secretary'';
            (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,''; and
            (3) by striking subsection (b) and inserting the following:
    ``(b) Performance Measures.--Not later than one year after the date 
of enactment of the Transportation Security Administration 
Authorization Act, the Secretary shall develop a system of qualitative 
performance measures and objectives by which to assess the roles, 
activities, and effectiveness of VIPR team operations, 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.
    ``(c) Plan.--Not later than one year after the date of enactment of 
the Transportation Security Administration Authorization Act, the 
Secretary shall develop and 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 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 hosting VIPR team operations, 
including an analysis of the costs and resources required to carry out 
the plan.
    ``(d) Authorization of Appropriations.--From amounts authorized 
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.''.

SEC. 303. SURFACE TRANSPORTATION SECURITY STAKEHOLDER PARTICIPATION.

    (a) In General.--Subchapter II of chapter 4 of title 6, United 
States Code, is amended by adding at the end the following:
``Sec. 1118. Surface Transportation Security Advisory Committee.
    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall establish in the 
        Transportation Security Administration an advisory committee, 
        to be known as the `Surface Transportation Security Advisory 
        Committee' (in this chapter referred to as the `Advisory 
        Committee'), to assist the Secretary with issues pertaining to 
        surface transportation security.
            ``(2) Recommendations.--
                    ``(A) In general.--The Secretary, acting through 
                the Assistant Secretary, shall require the Advisory 
                Committee to develop recommendations for improvements 
                to surface transportation security planning, methods, 
                equipment, and processes.
                    ``(B) Priority issues.--Not later than one year 
                after the date of enactment of the Transportation 
                Security Administration Authorization Act, the Advisory 
                Committee shall provide the Secretary with 
                recommendations on--
                            ``(i) improving homeland security 
                        information sharing between components of the 
                        Department and surface transportation security 
                        stakeholders, including those represented on 
                        the Advisory Committee; and
                            ``(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.
            ``(3) Meetings.--The Assistant Secretary shall require the 
        Advisory Committee to meet at least semi-annually and may 
        convene additional meetings as necessary.
            ``(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.
    ``(b) Membership.--
            ``(1) In general.--The Assistant Secretary shall ensure 
        that the Advisory Committee is composed of not more than 27 
        members, 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.
            ``(2) Representatives.--The representatives listed in 
        paragraph (1) shall have at least one member on the Advisory 
        Committee, but not more than a maximum of three members.
            ``(3) Appointment.--Members shall be appointed by the 
        Assistant Secretary.
            ``(4) Review.--The Assistant Secretary shall have the 
        discretion to review the participation of any Advisory 
        Committee Member and recommend changes for cause at any time.
    ``(c) Nonapplicability of Faca.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee.
    ``(d) Passenger Rail and Public Transportation Security Working 
Group.--
            ``(1) In general.--The Secretary shall establish within the 
        Advisory Committee a passenger rail and public transportation 
        security working group to provide recommendations for 
        successful implementation of initiatives relating to passenger 
        and public transportation security proposed by the 
        Transportation Security Administration in accordance with 
        statutory requirements, including relevant grant programs, 
        security training provisions, and Visible Intermodal Prevention 
        and Response Team (VIPR) operations.
            ``(2) Meetings.--The working group shall meet at least 
        semi-annually and provide annual reports to the Secretary with 
        recommendations to improve the Transportation Security 
        Administration's initiatives relating to passenger rail and 
        public transportation security, including grant, training, 
        inspection, or other relevant programs authorized in titles 
        XIII and title XIV of the Implementing Recommendations of the 
        9/11 Commission Act of 2007 (Public Law 110-53).
            ``(3) Membership.--The working group shall be composed of 
        members from the Advisory Committee with expertise in public 
        transportation and passenger rail systems and security 
        operations, all appointed by the Assistant Secretary.
            ``(4) Reports.--
                    ``(A) In general.--The working group shall prepare 
                and submit reports to the Secretary in accordance with 
                this paragraph that provide recommendations as 
                described in paragraphs (1) and (2) of this subsection.
                    ``(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 findings and recommendations developed under 
                subparagraph (A) to the Secretary.
    ``(e) Freight Rail Security Working Group.--
            ``(1) In general.--The 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, 
        security training provisions, and security planning.
            ``(2) Meetings.--The working group shall meet at least 
        semi-annually and provide annual reports to the 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 the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53).
            ``(3) Membership.--The working group shall be composed of 
        members from the Advisory Committee with expertise in freight 
        rail systems and security operations, all appointed by the 
        Assistant Secretary.
            ``(4) Reports.--
                    ``(A) In general.--The working group shall prepare 
                and submit reports to the Secretary in accordance with 
                this paragraph that provide recommendations as 
                described in paragraphs (1) and (2) of this subsection.
                    ``(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 findings and recommendations developed under 
                subparagraph (A) to the Secretary.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``1118. Surface Transportation Security Advisory Committee.''.

SEC. 304. 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 Secretary, acting through 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.
    (b) Consultation.--In developing the human capital plan, the 
Secretary shall consult with the chief human capital officer of the 
Department of Homeland Security, the Assistant Secretary, the Director 
of the Surface Transportation Security Inspection Office, the Inspector 
General of the Department of Homeland Security, and the Comptroller 
General.
    (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.

SEC. 305. 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 completed development and issuance of the 
transportation security training regulations required under such 
sections.
    (b) Private Providers.--Not later than one year after the date of 
enactment of this Act, the Secretary, acting through the Assistant 
Secretary, shall develop criteria for approving and maintaining a list 
governed by such criteria, 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), and ensure the use of small and 
disadvantaged businesses as third-party providers for security training 
under this section in accordance with section 103 of this Act.

SEC. 306. SECURITY ASSISTANCE IG REPORT.

    (a) In General.--Not later than 180 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 roles and 
responsibilities of the Transportation Security Administration and any 
other relevant component of the Department of Homeland Security in 
administering security assistance grants under section 1406 of the 
Implementing Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1135).
    (b) Contents.--The report shall--
            (1) clarify and describe the roles and responsibilities of 
        each relevant component of the Department, including the 
        Transportation Security Administration, at different stages of 
        the grant process, including the allocation stage, the award 
        stage, and the distribution stage;
            (2) identify areas in which relevant components of the 
        Department, including the Transportation Security 
        Administration, may better integrate or coordinate their 
        activities in order to streamline the grant administration 
        process and improve the efficiency of the project approval 
        process for grantees;
            (3) assess the current state of public transportation and 
        passenger rail security expertise possessed by relevant 
        personnel involved in the grant administration or project 
        approval processes carried out by relevant components of the 
        Department, including the Transportation Security 
        Administration; and
            (4) include recommendations for how each relevant component 
        of the Department, including the Transportation Security 
        Administration, may further clarify, coordinate, or maximize 
        its roles and responsibilities in administering grant funds and 
        approving grant projects under section 1406.

SEC. 307. INTERNATIONAL LESSONS LEARNED FOR SECURING PASSENGER RAIL AND 
              PUBLIC TRANSPORTATION SYSTEMS.

    (a) Findings.--Congress finds that--
            (1) numerous terrorist attacks since September 11, 2001, 
        have targeted passenger rail or public transportation systems;
            (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;
            (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;
            (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 Mumbai, India, on July 
        11, 2006;
            (5) the acts of terrorism in Mumbai, India, on November 26, 
        2008, included commando-style attacks on a major railway 
        station; and
            (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.
    (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.
    (c) Report.--
            (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.
            (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.

SEC. 308. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.

    (a) Demonstration Project.--The Secretary, acting through the 
Assistant Secretary and 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.
    (b) Inflatable Plugs.--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.
    (c) Report to Congress.--Not later than 180 days after completion 
of the demonstration project under this section, the 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.

SEC. 309. PASSENGER RAIL SECURITY DEMONSTRATION PROJECT.

    (a) Demonstration Project.--The Secretary, acting through the 
Assistant Secretary and 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.
    (b) Security Technologies.--The demonstration project under this 
section shall test and assess technologies to--
            (1) detect improvised explosive devices on station 
        platforms, through the use of foreign object detection programs 
        in conjunction with cameras; and
            (2) defeat improvised explosive devices left on rail 
        tracks.
    (c) Report to Congress.--Not later than 180 days after completion 
of the demonstration project under this section, the 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.

SEC. 310. 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--
            (1) a review of background checks and forms of 
        identification required under State and local transportation 
        security programs;
            (2) a determination as to whether the background checks and 
        forms of identification required under such programs duplicate 
        or conflict with Federal programs; and
            (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.

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--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``2010'' and 
                inserting ``2011''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Canine teams for public transportation security.--The 
        Secretary shall increase the number of canine teams certified 
        by the Transportation Security Administration for the purposes 
        of public transportation activities to not less than 100 canine 
        teams by the end of fiscal year 2011.'';
            (2) in subsection (d)--
                    (A) in paragraph (3), by striking ``and'';
                    (B) in paragraph (4), by striking the period at the 
                end and inserting the following: ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) expand the use of canine teams trained to detect 
        vapor wave trails in public transportation security 
        environments, as the Secretary, in consultation with the 
        Assistant Secretary, determines appropriate.'';
            (3) in subsection (e), by striking ``, if appropriate,'' 
        and inserting ``, to the extent practicable,'' ; and
            (4) by striking subsection (f) and inserting the following 
        new subsection (f):
    ``(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--
            ``(1) utilization of explosives detection canine teams to 
        strengthen security in public transportation environments;
            ``(2) the capacity of the national explosive detection 
        canine team program as a whole; and
            ``(3) how the Assistant Secretary could better support 
        State and local public transportation entities in keeping and 
        maintaining canine teams for the life of the canine, including 
        by providing financial assistance.''.

SEC. 312. 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--
            (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;
            (2) the individual is not allowed unescorted access to a 
        secure area designated in a vessel or facility security plan 
        approved by the Secretary; and
            (3) the individual is engaged in the operation of a live 
        animal-propelled vessel.
                                 <all>