[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2200 Reported in House (RH)]
Union Calendar No. 63
111th CONGRESS
1st Session
H. R. 2200
[Report No. 111-123]
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
May 19, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April
30, 2009]
_______________________________________________________________________
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.
Sec. 3. Authorities vested in Assistant Secretary.
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. Screening air cargo and checked baggage.
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. Federal flight deck officer program enhancements.
Sec. 206. Foreign repair stations.
Sec. 207. Assistant Secretary defined.
Sec. 208. TSA and homeland security information sharing.
Sec. 209. Aviation security stakeholder participation.
Sec. 210. General aviation security.
Sec. 211. Security and self-defense training.
Sec. 212. Security screening of individuals with metal implants
traveling in air transportation.
Sec. 213. Prohibition on outsourcing.
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. In-line checked baggage screening systems.
Sec. 228. GAO report on certain contracts and use of funds.
Sec. 229. IG report on certain policies for Federal air marshals.
Sec. 230. Explosives detection canine teams minimum for aviation
security.
Sec. 231. Assessments and GAO Report of inbound air cargo screening.
Sec. 232. Status of efforts to promote air cargo shipper certification.
Sec. 233. Full and open competition in security background screening
service.
Sec. 234. Registered traveler.
Sec. 235. Report on cabin crew communication.
Sec. 236. Air cargo crew training.
Sec. 237. Reimbursement for airports that have incurred eligible costs.
Sec. 238. Report on whole body imaging technology.
Sec. 239. Protective equipment.
TITLE III--SURFACE TRANSPORTATION SECURITY
Sec. 301. Assistant Secretary defined.
Sec. 302. Surface transportation security inspection program.
Sec. 303. Visible intermodal prevention and response teams.
Sec. 304. Surface Transportation Security stakeholder participation.
Sec. 305. Human capital plan for surface transportation security
personnel.
Sec. 306. Surface transportation security training.
Sec. 307. Security assistance IG Report.
Sec. 308. International lessons learned for securing passenger rail and
public transportation systems.
Sec. 309. Underwater tunnel security demonstration project.
Sec. 310. Passenger rail security demonstration project.
Sec. 311. Explosives detection canine teams.
TITLE IV--TRANSPORTATION SECURITY CREDENTIALING
Subtitle A--Security Credentialing
Sec. 401. Report and recommendation for uniform security background
checks.
Sec. 402. Animal-propelled vessels.
Sec. 403. Requirements for issuance of transportation security cards;
access pending issuance.
Sec. 404. Harmonizing security card expirations.
Sec. 405. Securing aviation from extreme terrorist threats.
Subtitle B--SAFE Truckers Act of 2009
Sec. 431. Short title.
Sec. 432. Surface transportation security.
Sec. 433. Conforming amendment.
Sec. 434. Limitation on issuance of hazmat licenses.
Sec. 435. Deadlines and effective dates.
Sec. 436. Task force on disqualifying crimes.
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) Administration.--The term ``Administration'' means the
Transportation Security Administration.
(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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
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.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
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.
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.
(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 the assessment
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 such 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.
(c) Assessment and Prioritization of Risks.--
(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--
(A) a summary that ranks the risks within and
across transportation modes, including vulnerability of
a cyber attack; and
(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.
(2) Methods.--The report also shall--
(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; and
(B) include the Assistant Secretary's working
definition of the terms ``risk-based'' and ``risk-
informed''.
(d) Format.--The report shall be submitted in classified or
unclassified formats, as appropriate.
SEC. 103. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS AND
DISADVANTAGED BUSINESS CONCERNS.
(a) Requirements for Prime Contracts.--The Assistant Secretary
shall include in each contract, valued at $300,000,000 or more, 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
of higher education 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
Assistant 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 Assistant Secretary shall seek
to facilitate award of contracts by the Administration to alliances of
small business concerns, institutions, and corporations referred to in
subsection (a)(1).
(c) Annual Report.--
(1) In general.--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 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. SCREENING AIR CARGO AND CHECKED BAGGAGE.
(a) Inbound Air Cargo on Passenger Aircraft.--Section 44901(g) of
title 49, United States Code, is amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(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.''.
(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:
``(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.''.
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--
(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); and
(2) by adding at the end the following new subsection:
``(l) Prohibition of Advance Notice to Security Screeners of Covert
Testing and Evaluation.--
``(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.
``(2) Exceptions.--Notwithstanding paragraph (1)--
``(A) an authorized individual involved in a covert
test of a transportation security system may provide
information concerning the covert test 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 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).
``(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, in coordination with the
designated security official for the airport
operator 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 relevant 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.''.
(b) Uniforms.--Section 44935(j) of such title is amended--
(1) by striking ``The Under Secretary'' and inserting the
following:
``(1) Uniform requirement.--The Assistant Secretary''; and
(2) by adding at the end the following:
``(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.''.
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 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 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 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) 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.''.
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:
``(f) Ombudsman.--
``(1) Establishment.--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 Inspector General of the Department of
Homeland Security and the Comptroller General.''.
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''.
(b) Administrators.--Section 44921(b) of title 49, United States
Code, is amended--
(1) by striking ``Under'' in paragraphs (1), (2), (4), (6),
and (7); and
(2) by adding at the end the following:
``(8) Administrators.--The Assistant Secretary shall
implement an appropriately sized administrative structure to
manage the program, including overseeing--
``(A) eligibility and requirement protocols
administration; and
``(B) communication with Federal flight deck
officers.''.
(c) Training, Supervision, and Equipment.--Section 44921(c)(2)(C)
of such title is amended by adding at the end the following:
``(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.''.
(d) Reimbursement.--Section 44921 of such title is amended by
adding at the end the following:
``(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.''.
SEC. 206. FOREIGN REPAIR STATIONS.
Section 44924(f) of title 49, United States Code, is amended to
read as follows:
``(f) Regulations.--The Assistant Secretary shall issue regulations
establishing security standards for foreign repair stations performing
maintenance for aircraft used to provide air transportation and shall
ensure that comparable 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.''.
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:
``Sec. 44931. Assistant Secretary defined
``(a) In General.--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) 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.''.
(b) Clerical Amendment.--The analysis for such subchapter is
amended by inserting before the item relating to section 44933 the
following:
``44931. Assistant Secretary defined.''.
SEC. 208. TSA AND HOMELAND SECURITY INFORMATION SHARING.
(a) Federal Security Director.--Section 44933 of title 49, United
States Code, is amended--
(1) in the section heading, by striking ``Managers'' and
inserting ``Directors'';
(2) by striking ``Manager'' each place it appears and
inserting ``Director'';
(3) by striking ``Managers'' each place it appears and
inserting ``Directors''; and
(4) 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 Assistant Secretary shall--
``(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;
``(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 and to establish and maintain
operational protocols with airport operators to ensure
coordinated responses to security matters.''.
(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. 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:
``Sec. 44946. Aviation Security Advisory Committee
``(a) Establishment of Aviation Security Advisory Committee.--
``(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.
``(2) Recommendations.--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 semiannually 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) 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.
``(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.
``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee under this
section.
``(d) Air Cargo Security Working Group.--
``(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.
``(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.
``(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.
``(4) Reports.--
``(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.
``(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--
``(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:
``44946. Aviation Security Advisory Committee.''.
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:
``Sec. 44947. General aviation security
``(a) General Aviation Security Grant Program.--
``(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.
``(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.
``(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 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, and helicopter operations at general
aviation and commercial service airports.
``(2) Meetings.--The working group shall meet at least
semiannually and may convene additional meetings as necessary.
``(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 Assistant 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 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).
``(C) Subsequent reports.--After submitting the
report, the working group shall continue to report to
the Assistant Secretary on general aviation aircraft
and airports.
``(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.''.
(b) Clerical Amendment.--The analysis for such subchapter is
further amended by adding at the end the following:
``44947. General aviation security.''.
SEC. 211. SECURITY AND SELF-DEFENSE TRAINING.
(a) Section 44918(b) of title 49, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(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.'';
(2) by striking paragraph (3) and inserting the following:
``(3) Participation.--A crewmember shall not be required to
engage in any physical contact during the training program
under this subsection.''; and
(3) by striking paragraph (4) and redesignating paragraphs
(5) through (7) as paragraphs (4) through (6), respectively.
(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.''.
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:
``(m) Security Screening of Individuals With Metal Implants.--
``(1) In general.--The Assistant Secretary shall ensure
fair treatment in the screening of individuals with metal
implants traveling in air transportation.
``(2) Plan.--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 benchmarks for implementing changes to the screening
process and analysis of approaches to limit such disruptions
for individuals with metal implants including participation in
the Registered Traveler program, as established pursuant to
section 109(a)(3) of the Aviation Transportation Security Act
(115 Stat. 597), and the development of a new credential or
system that incorporates biometric technology and other
applicable technologies to verify the identity of an individual
who has a metal implant.
``(3) Metal implant defined.--In this subsection, 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.''.
(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.
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:
``(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.''.
Subtitle B--Other Matters
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.
(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) address recommendations of the Comptroller General on
perimeter access controls;
(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; and
(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.
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;
(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; and
(3) includes any other relevant recommendations that the
Inspector General of the Department of Homeland Security or 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 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.
(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.
(c) Initiation and Duration of Program.--
(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.
(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 Assistant 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 Assistant Secretary determines
appropriate, to identify where the implementation of biometric
identifier systems could benefit security.
(e) Considerations.--In conducting the demonstration program, the
Assistant 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
Assistant 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
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.
(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:
(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
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.
(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.
(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.
(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 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--
(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 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.
(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.--
(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.)
(2) First report.--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 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.
SEC. 227. IN-LINE CHECKED BAGGAGE SCREENING SYSTEMS.
(a) Findings.--Congress finds the following:
(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.
(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.
(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.
(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.
(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.
(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.
(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--
(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;
(2) the potential benefits and challenges associated with
the deployment of optimal screening solutions at the Nation's
commercial airports; and
(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.
(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.
SEC. 228. 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. 229. 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.
SEC. 230. EXPLOSIVES DETECTION CANINE TEAMS MINIMUM FOR 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.
SEC. 231. 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:
``(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.
``(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.''.
SEC. 232. 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.
SEC. 233. 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--
(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;
(2) requirements for disposal of personally identifiable
information by the approved provider by a date certain; and
(3) information on all technical specifications and other
criteria required by the Assistant Secretary to approve a
background screening service provider.
SEC. 234. REGISTERED TRAVELER.
(a) Assessments and Background Checks.--
(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 the Registered Traveler program,
established pursuant to section 109(a)(3) of the Aviation
Transportation Security Act (115 Stat. 597), the Assistant
Secretary shall--
(A) reinstate an initial and continuous security
threat assessment program as part of the Registered
Traveler enrollment process; and
(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.
(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--
(A) determines that the Registered Traveler
program, in accordance with this subsection, is
integrated into risk-based aviation security
operations; and
(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.
(b) Notification.--
(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--
(A) the level of risk reduction provided by
carrying out section (a); and
(B) how the Registered Traveler program has been
integrated into risk-based aviation security
operations.
(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.
(c) 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.
SEC. 235. 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.
SEC. 236. 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.
SEC. 237. REIMBURSEMENT FOR AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.
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:
``(2) Airports that have incurred eligible costs.--
``(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.
``(B) Process for receiving reimbursement.--The
process shall allow an airport--
``(i) to submit a claim to the Assistant
Secretary for reimbursement for eligible costs
described in subparagraph (A); and
``(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.
``(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.''.
SEC. 238. 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.
SEC. 239. PROTECTIVE EQUIPMENT.
(a) In General.--Not later than 180 days after the date of
enactment of the Transportation Security Administration Authorization
Act, the Secretary of Homeland Security shall develop protocols for the
use of protective equipment for personnel of the Transportation
Security Administration and for other purposes.
(b) Definition.--In this section the term ``protective equipment''
includes surgical masks and N95 masks.
TITLE III--SURFACE TRANSPORTATION SECURITY
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--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Homeland Security
(Transportation Security Administration).''.
SEC. 302. SURFACE TRANSPORTATION SECURITY INSPECTION PROGRAM.
(a) Findings.--Congress finds the following:
(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.
(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) 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) 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--
(1) by redesignating subsections (c) through (j) as
subsections (b) through (i), respectively; and
(2) 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.--
``(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.
``(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.
``(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 has
significant experience with surface
transportation systems, facilities, and
operations 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.''.
(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:
``(e) 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.''.
(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)''.
(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''.
(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:
``(i) 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 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; and
``(C) any other potential functions relating to
surface transportation security the Secretary
determines appropriate.''.
(g) Authorization of Appropriations.--Section 1304 of such Act (6
U.S.C. 1113) is amended by adding at the end the following:
``(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.''.
(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)''.
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--
(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 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.
``(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.
``(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.''.
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:
``SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE.
``(a) Establishment.--
``(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.
``(2) Recommendations.--
``(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.
``(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--
``(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;
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 semiannually 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 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.
``(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.
``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee under this
section.
``(d) Passenger Carrier Security Working Group.--
``(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.
``(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.
``(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.
``(4) Reports.--
``(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).
``(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.
``(e) Freight Rail Security Working Group.--
``(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.
``(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.
``(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.
``(4) Reports.--
``(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).
``(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.''.
(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:
``Sec. 1311. Transit Security Advisory Committee.''.
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.
(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.
(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. 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.
(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.
SEC. 307. 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. 308. 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 Mamba, India, on July 11,
2006;
(5) the acts of terrorism in Mamba, 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. 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.
(b) Inflatable Plugs.--
(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.
(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).
(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.
(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.
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.
(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 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.
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) Allocation.--
``(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.
``(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.
``(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.'';
(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 passenger rail and 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 passenger rail and 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 passenger rail and public transportation
entities in maintaining certified canine teams for the life of
the canine, including by providing financial assistance.''.
TITLE IV--TRANSPORTATION SECURITY CREDENTIALING
Subtitle A--Security Credentialing
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--
(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. 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--
(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.
SEC. 403. REQUIREMENTS FOR ISSUANCE OF TRANSPORTATION SECURITY CARDS;
ACCESS PENDING ISSUANCE.
Section 70105 of title 46, United States Code, is amended by adding
at the end the following new subsections:
``(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.
``(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.
``(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.
``(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.''.
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:
``(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.''.
SEC. 405. SECURING AVIATION FROM EXTREME TERRORIST THREATS.
Section 44903(j)(2)(C) of title 49, United States Code, as amended
by section 213 of this Act, is further amended by adding at the end the
following:
``(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 housed at the Naval Station,
Guantanamo Bay, Cuba, on or after January 1,
2009, after a final disposition has been issued
by the President. 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.''.
Subtitle B--SAFE Truckers Act of 2009
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''.
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:
``TITLE XXI--SURFACE TRANSPORTATION SECURITY
``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.
``(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.
``(c) Shippers.--The Secretary shall prohibit a person from--
``(1) offering a security sensitive material for
transportation by motor vehicle in commerce; or
``(2) causing a security sensitive material to be
transported by motor vehicle in commerce,
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.
``SEC. 2102. ENROLLMENT LOCATIONS.
``(a) Fingerprinting Locations.--The Secretary shall--
``(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; and
``(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.
``(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.
``(c) Number of Locations.--The Secretary shall develop and
implement a plan--
``(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; and
``(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.
``(d) Authorization.--There are authorized to be appropriated such
sums as may be necessary to carry out this section.
``SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE.
``(a) In General.--The Secretary is authorized to ensure compliance
with this title.
``(b) Memorandum of Understanding.--The Secretary may enter into a
memorandum of understanding with the Secretary of Transportation to
ensure compliance with section 2101.
``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.
``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.
``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.
``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.
``(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.
``(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.
``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.
``(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).
``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.
``SEC. 2110. DEFINITIONS.
``In this title, the following definitions apply:
``(1) Commerce.--The term `commerce' means trade or
transportation in the jurisdiction of the United States--
``(A) between a place in a State and a place
outside of the State; or
``(B) that affects trade or transportation between
a place in a State and a place outside of the State.
``(2) Hazardous material.--The term `hazardous material'
has the meaning given that term in section 5102 of title 49,
United States Code.
``(3) Person.--The term `person', in addition to its
meaning under section 1 of title 1, United States Code--
``(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; but
``(B) does not include--
``(i) the United States Postal Service; and
``(ii) in section 2104, a department,
agency, or instrumentality of the Government.
``(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).
``(5) Transports; transportation.--The term `transports' or
`transportation' means the movement of property and loading,
unloading, or storage incidental to such movement.''.
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:
``TITLE XXI--SURFACE TRANSPORTATION SECURITY
``Sec. 2101. Transportation of security sensitive materials.
``Sec. 2102. Enrollment locations.
``Sec. 2103. Authority to ensure compliance.
``Sec. 2104. Civil penalties.
``Sec. 2105. Commercial motor vehicle operators registered to operate
in Mexico or Canada.
``Sec. 2106. Other security background checks.
``Sec. 2107. Redundant background checks.
``Sec. 2108. Transition.
``Sec. 2109. Savings clause.
``Sec. 2110. Definitions.''.
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.
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.
(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.
(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.
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.
(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.
(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.
Union Calendar No. 63
111th CONGRESS
1st Session
H. R. 2200
[Report No. 111-123]
_______________________________________________________________________
A BILL
To authorize the Transportation Security Administration's programs
relating to the provision of transportation security, and for other
purposes.
_______________________________________________________________________
May 19, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed