[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3011 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3011

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2011

Mr. Rogers of Alabama (for himself, Mr. King of New York, Mr. Daniel E. 
   Lungren of California, Mr. Walberg, Mr. Cravaack, and Mr. Brooks) 
 introduced the following bill; which was referred to the Committee on 
 Homeland Security, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To authorize the programs of the Transportation Security Administration 
  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 of 2011''.
    (b) Table of Contents.--

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

Sec. 101. Authorization of appropriations.
                      TITLE II--AVIATION SECURITY

                           Subtitle A--Reform

                       Part 1--Airport Screening

Sec. 201. Checkpoint screening of passengers.
Sec. 202. Trusted passenger credential.
Sec. 203. Security screening of individuals with metal implants, 
                            prosthetics, and physical disabilities 
                            traveling in air transportation.
Sec. 204. Security screenings of children.
Sec. 205. Requirements for baggage screening technology.
Sec. 206. Explosives detection canine teams for aviation security.
Sec. 207. Pilot program on security screening of passengers on 
                            commercial flights originating outside the 
                            United States.
Sec. 208. Standard operating procedures at airport checkpoints.
Sec. 209. Advanced passenger prescreening system.
Sec. 210. Screening in areas other than primary passenger terminals.
Sec. 211. Automated targeting recognition software.
Sec. 212. Disabling image retention.
Sec. 213. Screening strategy.
  Part 2--Transportation Security Officer Training and Accountability

Sec. 221. Prohibition of advance notice of covert testing to security 
                            screeners.
Sec. 222. Transportation security training programs.
Sec. 223. Hiring preference for part-time employees.
Sec. 224. Removal of Administration officers due to performance.
Sec. 225. Administration ombudsman office.
                       Part 3--Air Cargo Security

Sec. 241. Air cargo advanced screening pilot program.
Sec. 242. Status of efforts to promote air cargo shipper certification.
Sec. 243. Explosive detection canine teams for air cargo security.
          Part 4--Information Sharing and Security Directives

Sec. 261. TSA and homeland security information sharing.
Sec. 262. Issuance of regulations and security directives using 
                            emergency procedures.
                       Subtitle B--Other Matters

Sec. 281. Efficiency review by Assistant Secretary.
Sec. 282. Aviation security stakeholder participation.
Sec. 283. Detailed aviation security technology plans for airports.
Sec. 284. Federal air marshals.
Sec. 285. Canine detection research and development.
Sec. 286. Vendor enhancements.
Sec. 287. Security risk assessment of airport perimeter access 
                            controls.
Sec. 288. Electromagnetic emissions from passenger screening equipment 
                            deployed in airports.
Sec. 289. Electromagnetic emissions exposure assessment.
Sec. 290. Reimbursement for airports that have incurred eligible costs.
Sec. 291. Review of airport security plans.
Sec. 292. Security procedures during temporary flight restrictions.
Sec. 293. Security training and assistance to foreign airports.
Sec. 294. Federal air marshal risk assessments.
Sec. 295. Protection of the names Federal Air Marshal and 
                            Administration.
Sec. 296. Allowable costs on airport security improvement projects.
Sec. 297. Report on diversity efforts.
Sec. 298. Report to Congress on time and attendance programs for 
                            transportation security officers.
               TITLE III--SURFACE TRANSPORTATION SECURITY

      Subtitle A--Streamlining Threat Assessments for Credentials

Sec. 301. Definitions.
Sec. 302. Task force.
Sec. 303. Limitations on rulemaking.
Sec. 304. Surface transportation credentialing.
Sec. 305. Transportation worker identification credential enrollment 
                            centers.
Sec. 306. Limitation on issuance of HAZMAT licenses.
Sec. 307. Deadlines and effective dates.
Sec. 308. Streamlining credentials for secure area access at airports.
Sec. 309. Jobs impact.
            Subtitle B--Security Assistance and Enhancements

Sec. 321. Visible intermodal prevention and response teams.
Sec. 322. Transit security grants.
Sec. 323. Freight rail security demonstration project.
Sec. 324. Explosives detection canine teams for surface transportation.
Sec. 325. Pipeline security study.
Sec. 326. Repeal of limitation relating to motor carrier security-
                            sensitive material tracking technology.
                    Subtitle C--Information Sharing

Sec. 341. Surface Transportation Security stakeholder participation.
Sec. 342. Plan to improve information sharing.
Sec. 343. Best practices sharing.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Department'' means the Department of 
        Homeland Security.
            (2) The term ``Secretary'' means the Secretary of Homeland 
        Security.
            (3) The term ``Assistant Secretary'' means the Assistant 
        Secretary of Homeland Security (Transportation Security 
        Administration).
            (4) The term ``Administration'' means the Transportation 
        Security Administration.
            (5) 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.
            (6) The term ``trusted passenger'' means any passenger 
        eligible for expedited screening through a checkpoint, as 
        determined by the Assistant Secretary.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary 
$7,822,743,000 for fiscal year 2012 and $7,588,743,000 for fiscal year 
2013 for the necessary expenses of the Administration for such fiscal 
years.

                      TITLE II--AVIATION SECURITY

                           Subtitle A--Reform

                       PART 1--AIRPORT SCREENING

SEC. 201. CHECKPOINT SCREENING OF PASSENGERS.

    (a) Trusted Passenger Screening Program.--
            (1) In general.--Section 44901 of title 49, United States 
        Code is amended--
                    (A) by redesignating subsections (a) through (k) as 
                subsections (b) through (l), respectively; and
                    (B) by inserting before subsection (b), as so 
                redesignated, the following new subsection (a):
    ``(a) Checkpoint Screening of Passengers.--
            ``(1) In general.--The Assistant Secretary of Homeland 
        Security (Transportation Security Administration) shall carry 
        out a risk-based program at airport checkpoints that provides 
        expedited screening for trusted passengers based on a 
        comprehensive analysis of factors which may include but not be 
        limited to:
                    ``(A) Low-risk population determinations.
                    ``(B) Security threat assessments and background 
                checks.
                    ``(C) Travel frequency analysis, travel pattern 
                analysis.
            ``(2) Brief assessment interview.--As part of the program 
        required by paragraph (1), a brief assessment interview of 
        passengers not eligible for expedited screening may be 
        conducted by a transportation security officer who has received 
        appropriate training to conduct such interviews.
            ``(3) Inspector general reviews.--The Inspector General of 
        the Department shall review the program required by paragraph 
        (1) on a quarterly basis and submit to the Committee on 
        Homeland Security of the House of Representatives and other 
        appropriate committees of Congress reports on the results of 
        such reviews.
            ``(4) Consideration of other programs.--In developing the 
        trusted passenger program required by paragraph (1), the 
        Assistant Secretary shall review and consider all trusted 
        passenger programs established pursuant to section 109(a)(3) of 
        the Aviation Transportation Security Act (Public Law 107-71; 
        115 Stat. 613; 49 U.S.C. 114 note), including the Registered 
        Traveler program and any other Department of Homeland Security 
        pilot or operational trusted passenger programs.
            ``(5) Other trusted passenger programs.--In addition to the 
        program established under paragraph (1), the Assistant 
        Secretary may elect to designate trusted passenger status to 
        passengers who are members of other governmental or non-
        governmental trusted passenger programs, as long as such 
        passengers meet the standards and requirements set by the 
        Assistant Secretary.
            ``(6) Suspension.--The Assistant Secretary shall have the 
        authority to suspend expedited screening for trusted passengers 
        as security conditions may warrant.
            ``(7) Trusted passenger defined.--In this subsection, the 
        term `trusted passenger' means any passenger eligible for 
        expedited screening through a checkpoint, as determined by the 
        Assistant Secretary.''.
            (2) Implementation.--The Assistant Secretary shall 
        establish the program required by subsection (c) of section 
        44901 of title 49, United States Code, as added by paragraph 
        (1), by not later than 180 days after the date of the enactment 
        of this Act.
            (3) Report to congress.--Not later than 180 days after 
        first implementing the program required by subsection (c) of 
        section 44901 of title 49, United States Code, as added by 
        paragraph (1), 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 and efficacy of the program.
    (b) Security Screening for Members of the Armed Forces.--
            (1) In general.--Section 44901 of title 49, United States 
        Code, as amended by subsection (a), is further amended--
                    (A) by redesignating subsections (d) through (l), 
                as redesignated by subsection (a), as subsections (e) 
                through (m), respectively;
                    (B) by inserting after subsection (c) the following 
                new subsection (d):
    ``(d) Security Screening for Members of the Armed Forces.--
            ``(1) In general.--The Assistant Secretary of Homeland 
        Security (Transportation Security Administration) shall develop 
        and implement a plan to provide expedited security screening 
        services for a member of the Armed Forces, and any accompanying 
        family member, when the member of the Armed Forces presents 
        documentation indicating official orders while in uniform 
        through a primary airport (as defined by section 47102 of this 
        title).
            ``(2) Protocols.--In developing the plan, the Assistant 
        Secretary shall consider--
                    ``(A) leveraging existing security screening models 
                used by airports and air carriers to reduce passenger 
                wait times before entering a security screening 
                checkpoint;
                    ``(B) establishing standard guidelines for the 
                screening of military uniform items, including combat 
                boots; and
                    ``(C) incorporating any new screening protocols 
                into an existing trusted passenger program, as 
                established pursuant to section 109(a)(3) of the 
                Aviation and Transportation Security Act (Public Law 
                107-71; 115 Stat. 613; 49 U.S.C. 114 note) or 
                subsection (c), or into the development of any new 
                credential or system that incorporates biometric 
                technology and other applicable technologies to verify 
                the identity of individuals traveling in air 
                transportation.
            ``(3) Report to congress.--The Assistant Secretary shall 
        submit to the appropriate committees of Congress a report on 
        the implementation of the plan.'';
                    (C) in subsection (g), as so redesignated, by 
                striking ``subsection (b)(1)(A)'' and inserting 
                ``subsection (c)(1)(A)''; and
                    (D) in subsection (j)(2), as so redesignated, by 
                striking ``subsection (c)'' and inserting ``subsection 
                (e)''.
            (2) Effective date.--Not later than 180 days after the date 
        of the enactment of this Act, the Assistant Secretary shall 
        establish the plan required by the amendments made by paragraph 
        (1).

SEC. 202. TRUSTED PASSENGER CREDENTIAL.

    Section 44903(h) of title 49, United States Code, is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following:
            ``(7) Trusted passenger credential.--Not later than one 
        year after the date of the enactment of the Transportation 
        Security Administration Authorization Act of 2011, the 
        Assistant Secretary of Homeland Security (Transportation 
        Security Administration) shall--
                    ``(A) work with industry to establish standards for 
                a voluntary trusted passenger credential that 
                incorporates biometric identifier technology;
                    ``(B) establish a process by which the credential 
                will be used to verify the identity of trusted 
                passengers and allow them expedited passenger and 
                carry-on baggage screening;
                    ``(C) establish procedures--
                            ``(i) to ensure that only trusted 
                        passengers are issued the trusted passenger 
                        credential;
                            ``(ii) to resolve failures to enroll, false 
                        matches, and false nonmatches relating to use 
                        of the trusted passenger credential; and
                            ``(iii) to invalidate any trusted passenger 
                        credential that is lost, stolen, or no longer 
                        authorized for use;
                    ``(D) establish standards for the issuance of the 
                trusted passenger credential to each trusted passenger 
                that applies for a credential;
                    ``(E) establish eligibility procedures for the 
                trusted passenger credential;
                    ``(F) take such other actions with respect to the 
                trusted passenger credential as the Assistant Secretary 
                considers appropriate; and
                    ``(G) ensure that the credential is not required 
                for expedited screening under section 44901(a) of this 
                title.''.

SEC. 203. SECURITY SCREENING OF INDIVIDUALS WITH METAL IMPLANTS, 
              PROSTHETICS, AND PHYSICAL DISABILITIES TRAVELING IN AIR 
              TRANSPORTATION.

    Section 44901 of title 49, United States Code, as amended by 
section 201, is further amended--
            (1) by redesignating subsections (e) through (m), as 
        redesignated by section 201, as subsections (f) through (n), 
        respectively; and
            (2) by inserting after subsection (d), as inserted by 
        section 201, the following new subsection (e):
    ``(e) Security Screening of Individuals With Metal Implants, 
Prosthetics, Physical Disabilities, and Special Medical Needs Traveling 
in Air Transportation.--
            ``(1) In general.--The Assistant Secretary of Homeland 
        Security (Transportation Security Administration) shall carry 
        out a program to ensure appropriate treatment in the screening 
        of individuals with metal implants, prosthetics, and physical 
        disabilities traveling in air transportation.
            ``(2) Plan.--Not later than 180 days after the date of the 
        enactment of the Transportation Security Administration 
        Authorization Act of 2011, 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, prosthetics, and physical 
        disabilities to limit disruptions in the screening process 
        while maintaining security. The plan shall include an analysis 
        of approaches to limit such disruptions for individuals with 
        metal implants, and benchmarks for implementing changes to the 
        screening process.
            ``(3) Program.--Not later than 180 days after the date of 
        the enactment of the Transportation Security Administration 
        Authorization Act of 2011, the Assistant Secretary shall 
        implement a program to improve security screening procedures 
        for individuals with metal implants, prosthetics, or physical 
        disabilities to limit disruptions in the screening process 
        while maintaining security.
            ``(4) Metal implant defined.--In this paragraph, the term 
        `metal implant' means a metal device or object that has been 
        surgically implanted or otherwise placed in the body of an 
        individual, including any metal device used in a hip or knee 
        replacement, metal plate, metal screw, metal rod inside a bone, 
        and other metal orthopedic implants.''.

SEC. 204. SECURITY SCREENINGS OF CHILDREN.

    Section 44901 of title 49, United States Code, as amended by 
sections 201 and 202, is further amended--
            (1) by redesignating subsections (f) through (n), as 
        redesignated by section 202, as subsections (g) through (o), 
        respectively; and
            (2) by inserting after subsection (e), as inserted by 
        section 202, the following new subsection (f):
    ``(f) Security Screening of Children.--
            ``(1) In general.--A child shall not be subject to pat-down 
        screening before boarding a passenger aircraft, unless a 
        screening anomaly cannot be reasonably resolved by checkpoint 
        technology. If a screening anomaly cannot be resolved by 
        checkpoint technology, the anomaly may be resolved by the 
        child's parent or guardian as directed by a transportation 
        security officer or by a transportation security officer with 
        the expressed consent of the child's parent or guardian. Such a 
        pat-down may be conducted in a private setting at the request 
        of the parent or guardian. Any such pat-down conducted in a 
        private setting of a child who is 16 years of age or younger 
        must be conducted in the presence of the child's parent or 
        guardian.
            ``(2) Random screening.--Children shall not be subject to 
        random pat-down screenings, unless the Assistant Secretary of 
        Homeland Security (Transportation Security Administration) 
        determines that threat conditions warrant such screenings.''.

SEC. 205. REQUIREMENTS FOR BAGGAGE SCREENING TECHNOLOGY.

    (a) Implementation of Requirements for Checked Baggage.--Not later 
than one year after the date of the enactment of this Act, the 
Assistant Secretary shall develop and implement plans to--
            (1) acquire needed data for implementation of the 
        Administration's 2010 explosives detection system requirements; 
        and
            (2) deploy explosives detection systems that meet those 
        requirements, whether through new acquisitions or through 
        upgrading existing systems.
    (b) Establishment of New Requirements.--Not later than 180 days 
after the date of the enactment of this Act, the Assistant Secretary 
shall establish and publish detailed technical requirements for 
screening technologies for all carry-on baggage and cargo destined for 
commercial aircraft.
    (c) Coordination.--The Assistant Secretary may coordinate with the 
Under Secretary of Homeland Security for Science and Technology to 
ensure that the requirements provided for under subsection (b) and any 
related research and development requirements published by the Under 
Secretary are aligned to the greatest extent possible.
    (d) Communication With Industry.--The Assistant Secretary shall 
establish a process to communicate with industry in an open and timely 
manner regarding acquisition of baggage screening technology and the 
requirements for such technology.
    (e) In-Line Baggage Screening Study.--The Assistant Secretary shall 
consult with the Aviation Security Advisory Committee and 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 plans, estimated costs, and current 
benchmarks for replacing explosive detection equipment that is nearing 
the end of its life cycle or needs to be upgraded to meet current 
standards.

SEC. 206. EXPLOSIVES DETECTION CANINE TEAMS FOR AVIATION SECURITY.

    (a) Passenger Screening Teams.--The Assistant Secretary shall 
ensure that by the end of 2013 at least 100 explosives detection canine 
teams are used for passenger screening purposes at large airports in 
the United States at which the Administration has passenger screening 
responsibilities.
    (b) Prohibition of Use of Existing Teams.--The Assistant Secretary 
shall ensure that explosives detection canine teams used for 
transportation security activities before the date of enactment of this 
Act are not used to meet the requirement under subsection (a).
    (c) Use of Canines To Resolve Screening Anomalies.--Where canine 
teams trained to screen passengers are available in airports in the 
United States at which the Administration has passenger screening 
responsibilities, the Assistant Secretary may use such teams to resolve 
screening anomalies.
    (d) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 101, there is authorized to be 
appropriated $25,000,000 to carry out this section.

SEC. 207. PILOT PROGRAM ON SECURITY SCREENING OF PASSENGERS ON 
              COMMERCIAL FLIGHTS ORIGINATING OUTSIDE THE UNITED STATES.

    Not later than 90 days after the enactment of this Act, the 
Assistant Secretary, working in cooperation with the Commissioner of 
Customs and Border Protection, shall develop and carry out a pilot 
program at a large airport to test the feasibility of streamlining and 
eliminating duplicative aviation security screening of baggage and 
passengers arriving in the United States from certain last point of 
departure airports selected by the Assistant Secretary who continue on 
domestic United States flights to a final destination.

SEC. 208. STANDARD OPERATING PROCEDURES AT AIRPORT CHECKPOINTS.

    (a) Standardization.--Not later than 180 days after the date of the 
enactment of this Act, the Assistant Secretary shall require, to the 
extent practicable, that standard operating procedures at airport 
checkpoints for passengers and carry-on baggage are standardized and 
carried out in a uniform manner among similarly situated airports.
    (b) Report to Congress.--Not later than 270 days after the date of 
the 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 how standard operating procedures were standardized and made 
uniform in accordance with subsection (a).
    (c) Audits.--Beginning one year after the date of the enactment of 
this Act, the Inspector General of the Department shall conduct 
periodic audits of adherence to the standard operating procedures, as 
established by the Assistant Secretary, by screening personnel at 
large, medium, and small airports in diverse geographical areas.

SEC. 209. ADVANCED PASSENGER PRESCREENING SYSTEM.

    Not later than 90 days after the date of the enactment of this Act, 
the Comptroller General of the United States 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 in 
        implementing the advanced passenger prescreening system; and
            (2) identifies the total number of misidentified passengers 
        who must undergo secondary screening or have been prevented 
        from boarding a plane during the preceding year.

SEC. 210. SCREENING IN AREAS OTHER THAN PRIMARY PASSENGER TERMINALS.

    The Administration is authorized to provide screening services to 
commercial air carriers in areas other than primary passenger terminals 
upon the request of a commercial air carrier. A commercial air carrier 
shall direct any such request to the Federal Security Director for the 
airport where services are needed. A Federal Security Director may 
elect to provide screening services should they be available. The 
Administration shall seek compensation from a commercial air carrier 
requesting the use of screening services for all reasonable costs in 
addition to overtime costs that are incurred in the provision of 
screening services under this section.

SEC. 211. AUTOMATED TARGETING RECOGNITION SOFTWARE.

    Not later than 90 days after the date of the enactment of this Act, 
the Assistant Secretary shall certify to Congress that automated 
targeting recognition software is installed on all advanced imaging 
technology machines that are currently deployed in commercial airports 
for passenger screening and for any and all subsequent deployments of 
advanced imaging technology machines.

SEC. 212. DISABLING IMAGE RETENTION.

    Not later than 30 days after the date of the enactment of this Act, 
the Assistant Secretary shall certify to the Committee on Homeland 
Security of the House of Representatives and the Commiittee on 
Commerce, Science, and Transportation of the Senate that, in order to 
improve airport security screening processes while ensuring passenger 
privacy protection, the image retention capabilities of all advanced 
imaging technology utilized by the Administration to screen passengers 
at checkpoints in the Nation's airports have been disabled.

SEC. 213. SCREENING STRATEGY.

    Not later than 90 days after the date of the enactment of this Act, 
the Assistant Secretary shall submit to appropriate congressional 
committees, including the Committee on Homeland Security of the House 
of Representatives, a risk-based strategy with benchmarks for modifying 
standard operating procedures at the checkpoint for trusted passengers 
to enter the secure area without removing their shoes.

  PART 2--TRANSPORTATION SECURITY OFFICER TRAINING AND ACCOUNTABILITY

SEC. 221. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY 
              SCREENERS.

    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 the Aviation and 
        Transportation Security Act (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 of the United States, 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.''.

SEC. 222. TRANSPORTATION SECURITY TRAINING PROGRAMS.

    Not later than one year after the date of the enactment of this 
Act, the Assistant Secretary shall establish recurring training of 
transportation security officers regarding updates to screening 
procedures and technologies, including methods to identify the 
verification of false or fraudulent travel documents, 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; and
            (2) such other matters as identified by the Assistant 
        Secretary with regard to training.

SEC. 223. HIRING PREFERENCE FOR PART-TIME EMPLOYEES.

    The Assistant Secretary shall provide a preference for the hiring 
of an individual as a full-time transportation security officer if the 
individual is already employed as a part-time transportation security 
officer, as long as the individual meets the performance standards of 
such employment.

SEC. 224. REMOVAL OF ADMINISTRATION OFFICERS DUE TO PERFORMANCE.

    Section 44935(f) of title 49, United States Code, is amended--
            (1) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) Removal for performance.--
                    ``(A) In general.--If an individual employed as a 
                transportation security officer fails any scheduled or 
                covert operational test, including an annual 
                proficiency review, more than three times during a 
                testing period and if such results are documented, the 
                individual shall be removed from screening operations 
                within 24 hours.
                    ``(B) Immediate removal for negligence.--The 
                following individuals shall be immediately removed from 
                screening operations:
                            ``(i) An individual employed as a 
                        transportation security officer who negligently 
                        fails to detect a live explosive with the 
                        potential to do serious harm to human life or 
                        property.
                            ``(ii) An individual employed as a 
                        transportation security officer responsible for 
                        the verification of travel documents who 
                        negligently fails to verify such travel 
                        documents.
                    ``(C) Removal and review.--Any transportation 
                security officer removed pursuant to subparagraph (A) 
                or (B) shall suspended with pay pending an immediate 
                investigation and review by the Assistant Secretary of 
                Homeland Security (Transportation Security 
                Administration), who shall have the discretion to 
                reinstate or terminate any individual removed under 
                this paragraph.''.

SEC. 225. ADMINISTRATION OMBUDSMAN OFFICE.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code is amended by adding at the end the following new section:
``Sec. 44946. Ombudsman
    ``(a) In General.--
            ``(1) Establishment.--There is established an Office of the 
        Ombudsman in the Transportation Security Administration.
            ``(2) Ombudsman.--
                    ``(A) In general.--The Office shall be under the 
                direction of the Ombudsman of the Transportation 
                Security Administration, who shall be appointed by the 
                Chief Human Capital Officer of the Department of 
                Homeland Security on behalf of the Secretary of 
                Homeland Security.
                    ``(B) Qualifications.--An individual appointed as 
                the Ombudsman must have expertise in--
                            ``(i) labor and employment relations with 
                        Federal agencies; and
                            ``(ii) dispute resolution.
                    ``(C) Notification of appointment and removal.--The 
                Chief Human Capital Officer of the Department of 
                Homeland Security shall notify the appropriate 
                congressional committees within 30 days after the 
                effective date of any of the following actions:
                            ``(i) The appointment of an individual as 
                        Ombudsman.
                            ``(ii) The reappointment as Ombudsman of an 
                        individual who is serving as Ombudsman.
                            ``(iii) The removal of an individual from 
                        the position of Ombudsman.
            ``(3) Ensuring independence of ombudsman.--
                    ``(A) In general.--The Ombudsman shall report--
                            ``(i) to the Administrator of the 
                        Transportation Security Administration; and
                            ``(ii) to the Chief Human Capital Officer 
                        of the Department of Homeland Security with 
                        respect to any dispute between the Ombudsman 
                        and the Administrator of Transportation 
                        Security Administration over matters involving 
                        the execution of the Ombudsman's duties as set 
                        forth in subsection (b).
                    ``(B) Inspector general's authority to conduct 
                investigations not affected.--Nothing in this section 
                shall prohibit the Inspector General of the Department 
                of Homeland Security from initiating, carrying out, or 
                completing any investigation.
    ``(b) Duties.--The Ombudsman shall--
            ``(1) conduct outreach to Transportation Security 
        Administration employees, including publicizing a toll-free 
        telephone number to report complaints;
            ``(2) evaluate each complainant's claim objectively;
            ``(3) provide information, advice, and assistance to 
        complainants and, as appropriate, initiate informal, impartial 
        fact-finding and inquiries, on complaints or on the Ombudsman's 
        own initiative;
            ``(4) inform each complainant--
                    ``(A) when the Ombudsman decides against conducting 
                a fact-finding inquiry into the complaint;
                    ``(B) on the status of the Ombudsman's fact-finding 
                inquiry to the complainant, on a regular basis if 
                requested by the complainant; and
                    ``(C) of the Ombudsman's recommendations and 
                information, as appropriate, for the complainant to 
                formally complain to the appropriate authority;
            ``(5) work with the Administrator of the Transportation 
        Security Administration to address issues identified through 
        fact-finding and inquiries;
            ``(6) maintain confidential any matter related to 
        complaints and inquiries, including the identities of the 
        complainants and witnesses; and
            ``(7) submit an annual report to the appropriate 
        congressional committees in accordance with subsection (c).
    ``(c) Annual Report.--
            ``(1) In general.--The Ombudsman shall report no later than 
        September 30 each year to the appropriate congressional 
        committees on the actions taken by the Office of the Ombudsman 
        over the preceding year and the objectives of those actions.
            ``(2) Contents.--Each such report shall, for the period 
        covered by the report, include--
                    ``(A) statistical information, by region, on the 
                volume of complaints received, general nature of 
                complaints, general information on complainants, and 
                the percentage of complaints that resulted in a fact-
                finding inquiry;
                    ``(B) a summary of problems encountered by 
                complainants, including information on the most 
                pervasive or serious types of problems encountered by 
                complainants;
                    ``(C) policy recommendations that the Office of the 
                Ombudsman made to the Administrator of the 
                Transportation Security Administration;
                    ``(D) an inventory of the items described in 
                subparagraphs (B) and (C) for which action has been 
                taken, and the result of such action;
                    ``(E) an inventory of the items described in 
                subparagraphs (B) and (C) for which action remains to 
                be completed; and
                    ``(F) such other information as the Ombudsman 
                considers relevant.
            ``(3) Report to be submitted directly.--Each report under 
        this subsection shall be provided directly to the committees 
        described in paragraph (1) without any prior comment or 
        amendment by the Administrator of the Transportation Security 
        Administration. However, the Ombudsman shall seek comment from 
        the Administrator to be submitted by the Ombudsman together 
        with the annual report.
            ``(4) Other reports.--Nothing in this subsection shall be 
        construed to preclude the Ombudsman from issuing other reports 
        on the activities of the Office of the Ombudsman.
    ``(d) Appropriate Congressional Committee Defined.--In this section 
the term `appropriate congressional committee' means the Committee on 
Homeland Security of the House of Representatives and any committee of 
the House of Representatives or the Senate having legislative 
jurisdiction under the rules of the House of Representatives or Senate, 
respectively, over the matter concerned.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the items relating to 
subchapter II the following new item:

``44946. Ombudsman.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2012, 2013, and 2014 $575,000 for 
implementing section 44946 of title 49, United States Code, as amended 
by this section.

                       PART 3--AIR CARGO SECURITY

SEC. 241. AIR CARGO ADVANCED SCREENING PILOT PROGRAM.

    (a) Program Authorized.--The Secretary is authorized to establish 
and implement a voluntary air cargo advanced screening pilot program 
(hereinafter in this section referred to as the ``ACAS Program'') to 
include the electronic transmission to the Department of data elements 
for targeting high-risk cargo, including appropriate security elements 
of shipment level data, as determined by the Secretary, to be provided 
as advanced information with respect to cargo on aircraft inbound to 
the United States no later than loading of such cargo onto aircraft at 
the last point of departure before entering the United States. Advance 
information shall be provided on a best available basis and shall not 
be subject to penalties related to data timeliness or accuracy. The 
goals of the pilot include--
            (1) establishing appropriate communications systems with 
        freight forwarders and air carriers; and
            (2) encouraging freight forwarders and air carriers to 
        provide shipment level data for air cargo, departing from any 
        location that is inbound to the United States.
    (b) Inspection of High-Risk Cargo.--Under the ACAS Program, the 
Secretary shall ensure that all cargo that has been identified as high-
risk under paragraph (1), or through other means, is inspected prior to 
loading of such cargo onto aircraft at the last point of departure 
before entering the United States.
    (c) Consultations.--In carrying out the ACAS Program, the Secretary 
shall consult with the trade community to ensure that an operationally 
feasible and practical approach to the collection of advanced air cargo 
information and inspection of high-risk cargo is adopted that 
recognizes the significant differences among air cargo business models 
and modes of transportation.
    (d) Analysis.--The Secretary may analyze the information referred 
to in paragraph (1) in the Department's automated targeting system and 
integrate the information with other intelligence to enhance the 
accuracy of the risk assessment process for each shipment.
    (e) No Duplication.--This section shall be carried out in a manner 
that does not duplicate other programs or requirements relating to the 
submission of air cargo data.
    (f) Consideration of Industry.--In carrying out the ACAS Program, 
the Secretary shall--
            (1) take into consideration that the content and timeliness 
        of the available data may vary among entities in the air cargo 
        industry and among countries and shall explore procedures to 
        accommodate the variations while maximizing the contribution of 
        the data to the risk targeting process;
            (2) test the business processes, technology, and 
        operational procedures required to provide advance air cargo 
        data, while ensuring delays and other negative impacts on vital 
        supply chains are minimized; and
            (3) consider the cost, benefit, and feasibility before 
        establishing any set time period for submission of certain 
        elements of the shipment data for aircraft and air cargo in 
        line with the regulatory guidelines set forth in Executive 
        Order 13563, and any successor Executive Order or regulation.
    (g) Guidance.--The Secretary shall provide guidance for 
participants in the ACAS Program regarding the requirements for 
participation, including requirements for transmitting shipment level 
data.
    (h) Use of Data.--The Secretary shall use the data provided under 
the ACAS Program for targeting shipments for screening and law 
enforcement purposes only.
    (i) Report.--Not later than 180 days after the date of the 
commencement of the ACAS Program, the Secretary shall submit to 
Congress a report detailing the lessons learned regarding the 
operational feasibility of providing the advance information and the 
value of that information in targeting high-risk cargo.

SEC. 242. STATUS OF EFFORTS TO PROMOTE AIR CARGO SHIPPER CERTIFICATION.

    Not later than 180 days after the date of the 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 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. 243. EXPLOSIVE DETECTION CANINE TEAMS FOR AIR CARGO SECURITY.

    (a) In General.--In order to enhance the screening of air cargo and 
to ensure that third-party explosives detection canine assets are 
leveraged for this purpose, the Assistant Secretary shall, within 180 
days of the date of the enactment of this Act, develop a process to 
certify third-party explosive detection canines for the screening of 
air cargo that can be used by air carriers, foreign air carriers, 
freight forwarders, and shippers and that meet the certification 
standards of the Administration, as determined by the Assistant 
Secretary.
    (b) Implementation.--Upon completion of the development of the 
process under subsection (a), the Assistant Secretary shall begin 
testing third-party explosives detection canine assets and shall 
facilitate the use of deployment of those teams that meet the 
certification standards of the Administration, as determined by the 
Assistant Secretary.
    (c) Definition.--For purposes of this section, the term ``third-
party explosives detection canine assets'' means any explosives 
detection canine or handler that is not owned or employed by the 
Administration.

          PART 4--INFORMATION SHARING AND SECURITY DIRECTIVES

SEC. 261. 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 the enactment of the Transportation Security Administration 
Authorization Act of 2011, the Assistant Secretary shall--
            ``(1) encourage airports to develop 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, 
        including the resolution of screening anomalies at passenger 
        screening checkpoints; 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. 262. ISSUANCE OF REGULATIONS AND SECURITY DIRECTIVES USING 
              EMERGENCY PROCEDURES.

    (a) In General.--Section 114(l) of title 49, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A) by striking ``immediately 
                in order to protect transportation security'' and 
                inserting ``in order to respond to an imminent threat 
                of finite duration''; and
                    (B) in subparagraph (B) by inserting ``to determine 
                if the regulation or security directive is needed to 
                respond to an imminent threat of finite duration'' 
                before the period at the end of the first sentence;
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Factors to consider.--
                    ``(A) In general.--In determining whether to issue, 
                rescind, or revise a regulation or security directive 
                under this subsection, the Assistant Secretary shall 
                consider, as factors in the final determination--
                            ``(i) whether the costs of the regulation 
                        or security directive are excessive in relation 
                        to the enhancement of security the regulation 
                        or security directive will provide;
                            ``(ii) whether the regulation or security 
                        directive will remain effective for longer than 
                        a 90-day period; and
                            ``(iii) whether the regulation or security 
                        directive will require revision if in effect 
                        for a subsequent 90-day period.
                    ``(B) Authority to waive certain requirements.--For 
                purposes of subparagraph (A)(i), the Assistant 
                Secretary may waive any requirement for an analysis 
                that estimates the number of lives that will be saved 
                by the regulation or security directive or the cost 
                basis for carrying out the regulation or security 
                directive if the Assistant Secretary determines that it 
                is not feasible to make such an estimate.''; and
            (3) by adding at the end the following:
            ``(5) Rulemaking required.--Any regulation or security 
        directive issued under paragraph (2) that remains effective, 
        with or without revision, for a period of more than 180 days 
        shall be subject to a rulemaking pursuant to subchapter II of 
        chapter 5 of title 5.''.
    (b) Applicability.--The amendment made by subsection (a)(3) shall 
apply to a regulation issued under section 114(l)(2) of title 49, 
United States Code, before, on, or after the date of the enactment of 
this Act.

                       Subtitle B--Other Matters

SEC. 281. EFFICIENCY REVIEW BY ASSISTANT SECRETARY.

    (a) Review Required.--Not later than 270 days after the enactment 
of this Act, the Assistant Secretary shall conduct and complete a 
comprehensive, agency-wide efficiency review of the Administration to 
identify and effectuate spending reductions and administrative savings 
through the streamlining and any necessary restructuring of agency 
divisions to make the agency more efficient. In carrying out the review 
under this section, the Assistant Secretary shall consider each of the 
following:
            (1) The elimination of any duplicative or overlapping 
        programs and initiatives that can be streamlined.
            (2) The elimination of any unnecessary or obsolete rules, 
        regulations, directives, or procedures.
            (3) The reduction of the workforce over a set period of 
        time through natural attrition, as a direct result of 
        efficiencies gained through the implementation of risk-based 
        screening or through any other means as determined by the 
        Assistant Secretary.
            (4) Any other matters the Assistant Secretary determines 
        are appropriate.
    (b) Workforce Reduction Plan.--Not later than 270 days after the 
date of the enactment of this Act, the Secretary, acting through the 
Assistant Secretary, shall develop a strategic plan, including a 
timeline, to reduce the workforce of the Administration by 5 percent by 
the end of fiscal year 2013, to the extent that such a reduction does 
not impact security operations.
    (c) Report to Congress.--Not later than 30 days after the 
completion of the efficiency review required under subsection (a) and 
the strategic plan required under subsection (b), 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 setting forth--
            (1) the results and cost savings expected to be achieved 
        through the efficiency review; and
            (2) a copy of the strategic plan.

SEC. 282. 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 the 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.
    ``(e) General Aviation Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee a general aviation working group 
        to provide recommendations for general aviation issues, 
        including the implementation of the general aviation 
        initiatives proposed by the Transportation Security 
        Administration.
            ``(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 
        general aviation initiatives.
            ``(3) Membership.--The working group shall include members 
        from the Advisory Committee with expertise in general aviation 
        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 
                recommendations.
                    ``(B) Submission.--Not later than one year after 
                the date of the 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.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

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

SEC. 283. DETAILED AVIATION SECURITY TECHNOLOGY PLANS FOR AIRPORTS.

    (a) Plans Required.--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 
detailed acquisition and deployment plans for checkpoint security 
technology, explosive detection systems, and air cargo security 
technology for each large commercial airport for fiscal years 2012 and 
2013.
    (b) Ten-Year Strategic Plan.--Not later than one year after the 
date of the 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 ten-year strategic plan for the refurbishment, replacement, 
and installation costs associated with explosives detection technology 
for checked baggage.

SEC. 284. FEDERAL AIR MARSHALS.

    Section 44917 of title 49, United States Code, as amended by 
sections 201 and 283 of this Act, is further amended by adding at the 
end the following:
    ``(g) Criminal Investigative Training Program.--
            ``(1) New employee training.--Not later than 30 days after 
        the date of the enactment of this subsection, the Federal Air 
        Marshal Service shall establish a policy requiring Federal air 
        marshals hired after such date to complete the criminal 
        investigative training program at the Federal Law Enforcement 
        Training Center as part of basic training for Federal air 
        marshals.
            ``(2) Existing employees.--A Federal air marshal who has 
        previously completed the criminal investigative training 
        program may not be required to repeat such program.
            ``(3) Alternative training.--Not later than 3 years after 
        the date of the enactment of this subsection, an air marshal 
        hired before such date who has not completed the criminal 
        investigative training program shall be required to attend an 
        alternative training program, as determined by the Director of 
        the Federal Law Enforcement Training Center, that provides the 
        training necessary to bridge the gap between the mixed basic 
        police training, the Federal air marshal programs already 
        completed by the Federal air marshal, and the criminal 
        investigative training provided through the criminal 
        investigative training program. Any such alternative program 
        shall be considered to have met the standards of the criminal 
        investigative training program.
            ``(4) Authorization of appropriations.--Of the amount 
        authorized to be appropriated for the Transportation Security 
        Administration, $3,000,000 may be used to carry out this 
        subsection for each of fiscal years 2012 and 2013.
            ``(5) Savings clause.--Nothing in this subsection shall be 
        construed to reclassify Federal air marshals as criminal 
        investigators.''.

SEC. 285. CANINE DETECTION RESEARCH AND DEVELOPMENT.

    (a) In General.--Consistent with the mission of the Under Secretary 
of Homeland Security for Science and Technology to conduct basic and 
applied research in support of activities relevant to any elements of 
the Department under section 302 of the Homeland Security Act of 2002 
(6 U.S.C. 182), the Assistant Secretary, in coordination with the Under 
Secretary of Homeland Security for Science and Technology, shall 
develop and implement a basic research and applied research and 
development program for the purpose of advancing the scientific 
understanding and applicability of canine explosives detection assets 
in the transportation environment.
    (b) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 101, there is authorized to be 
appropriated for each of fiscal years 2012 and 2013 $1,000,000 to carry 
out this section.

SEC. 286. VENDOR ENHANCEMENTS.

    The Assistant Secretary shall permit airport operators to use 
vendor services that provide security enhancements in the sterile side 
of an airport as long as the provider of such a service does not impede 
the screening operations of the Administration and all personnel are 
properly vetted and credentialed, as may be required.

SEC. 287. 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 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 and to the extent feasible, 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. 288. ELECTROMAGNETIC EMISSIONS FROM PASSENGER SCREENING EQUIPMENT 
              DEPLOYED IN AIRPORTS.

    The Assistant Secretary shall--
            (1) collect information regarding the electromagnetic 
        emission output of passenger screening equipment deployed by 
        the Administration at airport checkpoints and, within 30 days 
        of receipt, verify the accuracy of any evaluations or reports 
        provided to the Administration relating to such output;
            (2) not later than 90 days after the date of the enactment 
        of this Act, submit to the Committee on Homeland Security of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a summary of the 
        information collected under paragraph (1) and the results of 
        any verification conducted under that paragraph.

SEC. 289. ELECTROMAGNETIC EMISSIONS EXPOSURE ASSESSMENT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Assistant Secretary shall execute an 
agreement with an independent third party under which the independent 
third party shall carry out a study of radiation exposure resulting 
from screening equipment used by the Administration to screen 
passengers and baggage at commercial service airports.
    (b) Study.--The study shall be conducted for not less than 90 
consecutive days during periods of operation in the operating 
environments of multiple commercial service airports and include 
consideration of--
            (1) whether passenger and baggage screening equipment 
        results in screened passengers being exposed to radiation above 
        acceptable levels;
            (2) whether passenger and baggage screening equipment 
        results in bystanders being exposed to radiation above 
        acceptable levels; and
            (3) any other factors relating to radiation exposure 
        identified by the independent third party.
    (c) Report.--Not later than 180 days after the conclusion of the 
study, the independent third party shall submit to the Assistant 
Secretary and the appropriate congressional committees a report 
containing its findings and recommendations regarding the study under 
subsection (b), including recommendations with respect to whether 
transportation security officers should wear a dosimeter for the 
purpose of continuous monitoring of radiation exposure resulting from 
passenger screening equipment.

SEC. 290. REIMBURSEMENT FOR AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.

    (a) Process.--Section 1604(b)(2) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (49 U.S.C. 44923) 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 the enactment of the Transportation Security 
                Administration Authorization Act of 2011, 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 the enactment of this Act, eligible 
                costs associated with development of partial or 
                completed in-line baggage systems.
                    ``(B) Process for receiving reimbursement.--The 
                process required by this paragraph 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 required by this paragraph, 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.''.
    (b) Reimbursement.--No less than 10 percent of the appropriations 
made available for grants under section 44923 of title 49, United 
States Code, for each of fiscal years 2012 and 2013 shall be for 
reimbursements under section 1604(b)(2) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (49 U.S.C. 44923), 
as amended by subsection (a).
    (c) Reimbursements of Airports for Eligible Costs Reimbursed at 
Less Than 90 Percent.--If the Secretary or Assistant Secretary 
reimbursed, after August 3, 2007, an airport that incurred an amount 
for eligible costs under section 44923 of title 49, United States Code, 
that was less than 90 percent of such costs, the Secretary or Assistant 
Secretary shall reimburse such airport under such section an amount 
equal to the difference for such eligible costs.

SEC. 291. REVIEW OF AIRPORT SECURITY PLANS.

    (a) Review.--The Assistant Secretary, in consultation with airport 
operators shall review the process for amending airport security plans 
to determine if such plans should be more easily amended to accurately 
reflect all security procedures and protocols carried out by airport 
operators that may exceed Administration standards.
    (b) Report.--Not later than 270 days after the date of the 
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 findings of the review carried out under subsection (a).

SEC. 292. SECURITY PROCEDURES DURING TEMPORARY FLIGHT RESTRICTIONS.

    Not later than one year after the date of the enactment of this 
Act, the Assistant Secretary shall develop security procedures and 
protocols to enable general aviation operators that are subject to 
security programs administered by the Administration to obtain access 
to airspace during temporary flight restrictions, to the extent that 
such access does not affect security.

SEC. 293. SECURITY TRAINING AND ASSISTANCE TO FOREIGN AIRPORTS.

    The Assistant Secretary is authorized to donate, loan, or lease 
equipment that no longer meet the needs of any U.S. commercial airport 
to foreign airports to mitigate any security vulnerabilities determined 
through foreign airport assessments or based on threat. The Assistant 
Secretary may also offer training and other assistance as may be 
needed. In the event equipment is leased to a foreign airport, the 
Assistant Secretary is authorized to collect a reasonable fee for such 
lease. Any fees collected under this section shall be used for 
checkpoint screening.

SEC. 294. FEDERAL AIR MARSHAL RISK ASSESSMENTS.

    Section 44917 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Risk Assessment.--The Assistant Secretary shall conduct a 
periodic risk assessment of domestic and international flights in order 
to determine the optimal assignment of air marshals to highest risk 
flights.
    ``(f) Deployment Plan.--The Assistant Secretary shall ensure that 
the assignment of air marshals is consistent with the most current risk 
assessment.''.

SEC. 295. PROTECTION OF THE NAMES FEDERAL AIR MARSHAL AND 
              ADMINISTRATION.

    Section 709 of title 18, United States Code, is amended--
            (1) by inserting ``or'' after the semicolon at the end of 
        the fourteenth undesignated paragraph; and
            (2) by inserting after such paragraph the following new 
        paragraph:
        ``Whoever, except with the written permission of the Assistant 
        Secretary for Transportation Security (or the Director of the 
        Federal Air Marshal Service for issues involving the Federal 
        Air Marshal Service), knowingly uses the words `Transportation 
        Security Administration', `United States Transportation 
        Security Administration', `Federal Air Marshal Service', 
        `United States Federal Air Marshal Service', `Federal Air 
        Marshals', the initials `T.S.A.', `F.A.M.S.', `F.A.M.', or any 
        colorable imitation of such words or initials, or the likeness 
        of a Transportation Security Administration or Federal Air 
        Marshal Service badge, logo, or insignia on any item of 
        apparel, in connection with any advertisement, circular, book, 
        pamphlet, software, or other publication, or with any play, 
        motion picture, broadcast, telecast, or other production, in a 
        matter that is reasonably calculated to convey the impression 
        that the wearer of the item of apparel is acting pursuant to 
        the legal authority of the Transportation Security 
        Administration or Federal Air Marshal Service, or to convey the 
        impression that such advertisement, circular, book, pamphlet, 
        software, or other publication, or such play, motion picture, 
        broadcast, telecast, or other production, is approved, 
        endorsed, or authorized by the Transportation Security 
        Administration or Federal Air Marshal Service;''.

SEC. 296. ALLOWABLE COSTS ON AIRPORT SECURITY IMPROVEMENT PROJECTS.

    Paragraph (2) of subsection (a) of section 44923 of title 49, 
United States Code, is amended to read as follows:
            ``(2) for projects to reconfigure or construct new terminal 
        baggage areas, if new construction is more cost effective and 
        meets pertinent security requirements, as determined by the 
        Assistant Secretary of Homeland Security (Transportation 
        Security Administration), as needed to install explosive 
        detection systems;''.

SEC. 297. REPORT ON DIVERSITY EFFORTS.

    Not later than 90 days after the date of the enactment of this Act, 
the Assistant Secretary shall provide data to the appropriate 
congressional committees, including the Committee on Homeland Security 
of the House of Representatives, on the diversity of the Administration 
workforce. Such data shall include data on each of the following:
            (1) The number of individuals serving at all management 
        levels, including data on representation in each pertinent pay 
        band and the Senior Executive Service within each of the 
        following categories:
                    (A) Veterans.
                    (B) Race.
                    (C) Gender.
                    (D) Ethnicity.
                    (E) Disabled.
            (2) The retention rate of managers at all levels of the 
        Administration.
            (3) The number of individuals employed by the 
        Administration who were promoted to managerial positions.

SEC. 298. REPORT TO CONGRESS ON TIME AND ATTENDANCE PROGRAMS FOR 
              TRANSPORTATION SECURITY OFFICERS.

    Not later than 90 days after the date of the 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 time and 
attendance programs in use for transportation security officers, as 
well as recommendations for achieving cost savings through more 
efficient management of existing resources and reduction in overtime 
costs.

               TITLE III--SURFACE TRANSPORTATION SECURITY

      Subtitle A--Streamlining Threat Assessments for Credentials

SEC. 301. DEFINITIONS.

    In this Part, the following definitions apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and any 
        committee of the House of Representatives or the Senate having 
        legislative jurisdiction under the rules of the House of 
        Representatives or Senate, respectively, over the matter 
        concerned.
            (2) Security threat assessment.--The term ``security threat 
        assessment'' means an assessment conducted by a government 
        agency that includes a check against a terrorist watch list or 
        terrorism database, and may also include a legal presence check 
        and a criminal history records check.

SEC. 302. TASK FORCE.

    (a) Establishment of Task Force.--Not later than 30 days after the 
date of enactment of this Act, the Secretary of Homeland Security shall 
establish a task force, with an official designated by the Secretary to 
be the Chair of the task force.
    (b) Purpose.--The purpose of the task force established shall be 
to--
            (1) review the lists of crimes that disqualify individuals 
        from transportation-related employment under current 
        regulations of the Administration, to include at a minimum 
        crimes listed under section 70105 of title 46, United States 
        Code, and section 44936 of title 49, United States Code, and 
        the applicable periods of disqualification for such crimes;
            (2) assess whether such lists of crimes reviewed under 
        paragraph (1) are accurate indicators of a terrorism security 
        risk;
            (3) assess which other transportation security credential 
        programs for transportation-related employment should be 
        modernized to include a waiver process as is available under 
        section 70105 of title 46, United States Code;
            (4) assess if any cost savings, efficiencies, or 
        elimination of redundancies, to be passed on to transportation 
        security credential applicants in the form of lower fees, can 
        be realized through harmonization of the Federal security 
        threat assessment process, creation of a common list of crimes, 
        and inclusion of a waiver process;
            (5) assess any benefits to homeland security achieved 
        through harmonization of the Federal security threat assessment 
        process, creation of a common list of crimes, and inclusion of 
        a waiver process;
            (6) assess any potential increases in costs or time delays 
        in transportation security credential programs as a result of 
        harmonization of the Federal security threat assessment 
        process, creation of a common list of crimes, and inclusion of 
        a waiver process; and
            (7) assess other potential effects of creation of a common 
        list of crimes for some or all transportation security 
        credential programs for transportation-related employment, to 
        include the extent to which a common list of disqualifying 
        crimes would result in a greater number of persons being 
        disqualified from obtaining a credential required for 
        transportation-related employment.
    (c) Membership.--The task force shall be composed of 
representatives of appropriate transportation industries, including 
labor unions representing employees of such industries, Federal 
agencies, motor vehicle carriers, air carriers, airport operators, port 
authorities, port operators, vessel operators, railroad operators, and 
other relevant entities, as determined by the Secretary.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the task force shall submit to the Secretary and the 
appropriate congressional committees a report containing the results of 
the review, including recommendations for modernization of the Federal 
security threat assessment process for transportation security 
credential programs, a common list of disqualifying crimes, the 
rationale for the inclusion of each crime on the list, and which 
credential programs for transportation-related employment should 
include a waiver process as is available under section 70105 of title 
46, United States Code.

SEC. 303. LIMITATIONS ON RULEMAKING.

    (a) Limitation on Application.--Any rule concerning the 
harmonization of the security threat assessment process for 
transportation workers issued by the Secretary of Homeland Security 
shall not apply to a process or function carried out by an airport 
operator, including enrollment, credentialing, and access control, as 
of the date of enactment of this Act, except as provided for in 
subsection (b).
    (b) Ongoing Efforts Not Affected.--Nothing in subsection (a) shall 
affect ongoing efforts by the Department to create a competitive 
environment for aviation channeling services.
    (c) Transmittal of Report Required.--The Secretary of Homeland 
Security shall not issue any rule concerning the harmonization of the 
security threat assessment process for transportation workers until the 
report required under section 3(d) is transmitted to the Secretary and 
the appropriate congressional committees.

SEC. 304. SURFACE TRANSPORTATION CREDENTIALING.

    (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 CREDENTIALING

``SEC. 2101. TRANSPORTATION OF SECURITY-SENSITIVE MATERIALS.

    ``(a) Security-Sensitive Materials.--Not later than one year after 
the date of enactment of this section, the Secretary shall issue final 
regulations, after notice and comment, to--
            ``(1) identify security-sensitive materials for the 
        purposes of this title;
            ``(2) prohibit an individual from operating a motor vehicle 
        in commerce while transporting a security-sensitive material 
        unless the individual holds a valid transportation security 
        credential issued by the Secretary under section 70105 of title 
        46, United States Code; and
            ``(3) prohibit a person from--
                    ``(A) offering a security-sensitive material for 
                transportation by motor vehicle in commerce; or
                    ``(B) causing a security-sensitive material to be 
                transported by motor vehicle in commerce,
        unless the motor vehicle operator holds a valid transportation 
        security credential issued by the Secretary under 70105 of 
        title 46, United States Code.
    ``(b) Memorandum of Understanding.--The Secretary may enter into a 
memorandum of understanding with the Secretary of Transportation to 
ensure compliance with this section.
    ``(c) Limitation on Application.--This section and the regulations 
and prohibitions under this section shall not apply to the United 
States Postal Service and any other department, agency, or 
instrumentality of the Federal Government.

``SEC. 2102. 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 threat assessment by a Federal 
agency that the Secretary determines is similar to the security threat 
assessment required for commercial motor vehicle operators in the 
United States transporting security-sensitive materials in commerce.

``SEC. 2103. REDUNDANT SECURITY THREAT ASSESSMENTS.

    ``(a) In General.--The Secretary shall prohibit a State or 
political subdivision thereof from requiring a separate security threat 
assessment of an individual, who possesses a valid transportation 
security credential issued under section 70105 of title 46, United 
States Code, seeking to transport, or involved in facilitating the 
transport of, a security-sensitive or hazardous material.
    ``(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 reason 
that a separate security threat assessment is necessary to ensure the 
secure transportation of a security-sensitive or hazardous material 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. 2104. TRANSITION.

    ``(a) Treatment of Individuals Receiving Prior Hazardous Materials 
Endorsements.--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, is 
deemed to have 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. 2105. 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. 2106. 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, 
        includes a State, local, or tribal government offering 
        security-sensitive material for transportation in commerce or 
        transporting security-sensitive material to further a 
        commercial enterprise.
            ``(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) Security threat assessment.--The term `security 
        threat assessment' means any assessment conducted by a 
        government agency that includes a check against a terrorist 
        watch list or terrorism database, and may also include a legal 
        presence check and a criminal history records check.
            ``(6) Transports; transportation.--The term `transports' or 
        `transportation' means the movement of property and loading, 
        unloading, or storage incidental to such movement.''.
    (b) Clerical 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 CREDENTIALING

``Sec. 2101. Transportation of security-sensitive materials.
``Sec. 2102. Commercial motor vehicle operators registered to operate 
                            in Mexico or Canada.
``Sec. 2103. Redundant security threat assessments.
``Sec. 2104. Transition.
``Sec. 2105. Savings clause.
``Sec. 2106. Definitions.''.
    (c) Security Cards for Certain Motor Vehicle Operators.--Section 
70105(b)(2) of title 46, United States Code, is amended by striking 
``and'' after the semicolon at the end of subparagraph (F), by striking 
the period at the end of subparagraph (G) and inserting ``; and'', and 
by adding at the end the following new subparagraph:
                    ``(H) an individual who operates a motor vehicle in 
                commerce while transporting security-sensitive material 
                (as that term is defined in section 1501 of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (6 U.S.C. 1151)).''.
    (d) Civil Penalties.--Section 114(v) of title 49, United States 
Code, is amended--
            (1) in paragraph (1)(A), by inserting ``under title XXI of 
        the Homeland Security Act of 2002 or'' after ``Secretary of 
        Homeland Security''; and
            (2) by striking ``applicable provision of this title'' each 
        place it appears and inserting ``applicable provision''.

SEC. 305. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL ENROLLMENT 
              CENTERS.

    Section 70105 of title 46, United States Code, is further amended 
by adding at the end thereof the following:
    ``(r) Enrollment Locations.--The Secretary shall--
            ``(1) work with appropriate entities to ensure that 
        enrollment locations for individuals applying for a 
        transportation security card have flexible operating hours; and
            ``(2) permit an individual applying for or activating such 
        transportation security card to utilize an enrollment location 
        of such individual's choosing, including an enrollment location 
        outside of the individual's State of residence.
    ``(s) Number of Enrollment Locations.--The Secretary shall develop 
and implement a plan--
            ``(1) to offer individuals applying for a transportation 
        security card the maximum number of enrollment locations 
        practicable across diverse geographic regions; and
            ``(2) to conduct outreach to appropriate stake holders, 
        including owners and operators of motor vehicles involved in 
        the transportation of security-sensitive materials, owners and 
        operators of facilities that require individuals to be issued a 
        transportation security card, and labor organizations 
        representing employees of such owners or operators, to keep the 
        stakeholders informed of the timeframe and locations for the 
        opening of additional enrollment locations.''.

SEC. 306. 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. 307. DEADLINES AND EFFECTIVE DATES.

    (a) Issuance of Transportation Security Cards.--Upon issuance of 
the final regulations as required in section 5, but not later than one 
year after the date of the enactment of this Act, the Secretary of 
Homeland Security (as that term is defined in section 70101 of title 
46, United States Code) shall begin issuance of transportation security 
cards under section 70105(b)(2)(H) of title 46, United States Code, as 
amended by this Act, to individuals who seek to operate a motor vehicle 
in commerce while transporting security-sensitive materials.
    (b) Effective Date of Prohibitions.--The prohibitions under section 
2101 of the Homeland Security Act of 2002 (as added by section 5) shall 
take effect on the date that is 2 years after the date of enactment of 
this Act.
    (c) Effective Date of Section 7 Amendments.--The amendments made by 
section 7 shall take effect on the date that is 2 years after the date 
of enactment of this Act.

SEC. 308. STREAMLINING CREDENTIALS FOR SECURE AREA ACCESS AT AIRPORTS.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall report to the 
appropriate congressional committees on the feasibility of developing a 
single transmission process for airport operators to submit biometric 
and biographic data for background checks to both the Administration 
and U.S. Customs and Border Protection for transportation workers 
requiring unescorted access to Secure Identification Display Areas at 
an airport.
    (b) Single Data Transmission Process Establishment.--Based on the 
findings of the report under subsection (a), the Secretary may 
establish a process for airport operators to submit one data 
transmission of biometric and biographic information for the security 
threat assessment process for any agency within the Department, 
including the Administration and U.S. Customs and Border Protection.

SEC. 309. JOBS IMPACT.

    The Assistant Secretary shall submit to appropriate congressional 
committees, including the Committee on Homeland Security of the House 
of Representatives, a report that, at a minimum, includes--
            (1) an estimate of the number of potential jobs created or 
        lost within the private sector as a result of implementation of 
        final regulations, as required pursuant to title XXI of the 
        Homeland Security Act of 2002, as added by section 304 of this 
        Act; and
            (2) information received from owners and operators about 
        how the regulations could be revised to spur potential job 
        creation or stem potential job loss.

            Subtitle B--Security Assistance and Enhancements

SEC. 321. 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)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Administrator of the Transportation Security 
                Administration,'' and inserting ``Assistant Secretary 
                of Homeland Security (Transportation Security 
                Administration),'';
                    (B) in paragraph (4) by striking ``team,'' and 
                inserting ``team as to specific locations and times 
                within the facilities of such entities at which VIPR 
                teams should be deployed to maximize the effectiveness 
                of such deployment,''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Performance Measures.--Not later than one year after the date 
of the enactment of the Transportation Security Administration 
Authorization Act of 2011, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) 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 referred to 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 the 
enactment of the Transportation Security Administration Authorization 
Act of 2011, the Assistant Secretary shall develop and implement a plan 
for ensuring the interoperability of communications among VIPR team 
participants and between VIPR teams and any transportation entities 
with systems or facilities that are involved in VIPR team operations. 
The plan shall include an analysis of the costs and resources required 
to carry out the plan.''.

SEC. 322. TRANSIT SECURITY GRANTS.

    (a) Improvement of Public Transportation Security Assistance.--
            (1) In general.--Section 1406 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
        1135) is amended--
                    (A) in subsection (b)(1)--
                            (i) in subparagraph (B), by inserting 
                        ``bollards,'' after ``including''; and
                            (ii) in subparagraph (D), by inserting 
                        after ``including'' the following: ``projects 
                        for the purpose of demonstrating or assessing 
                        the capability of such systems and'';
                    (B) by redesignating subsections (e) through (k) as 
                subsections (f) through (l), respectively;
                    (C) by redesignating subsections (l) and (m) as 
                subsections (n) and (o), respectively; and
                    (D) by inserting after subsection (d) the following 
                new subsection (e):
    ``(e) Procedure.--
            ``(1) Timeline.--
                    ``(A) Availability of applications.--Applications 
                for grants under this section for a grant cycle shall 
                be made available to eligible applicants not later than 
                30 days after the date of the enactment of the 
                appropriations Act for the Department of Homeland 
                Security for the same fiscal year as the grant cycle.
                    ``(B) Submission of applications.--A public 
                transportation agency that is eligible for a grant 
                under this section shall submit an application for a 
                grant not later than 45 days after the applications are 
                made available under subparagraph (A).
                    ``(C) Action.--The Secretary shall make a 
                determination approving or rejecting each application 
                submitted under subparagraph (B), notify the applicant 
                of the determination, and immediately commence any 
                additional processes required to allow an approved 
                applicant to begin to receive grant funds by not later 
                than 60 days after date on which the Secretary receives 
                the application.
                    ``(D) Availability of funds.--To the extent 
                feasible, not later than 60 days after the Secretary 
                makes a determination under subparagraph (C) approving 
                an application, the Secretary shall make the grant 
                funds available to the applicant.
            ``(2) Prohibition of cost-sharing requirement.--No grant 
        under this section may require any cost-sharing contribution 
        from the grant recipient or from any related State or local 
        agency.
            ``(3) Annual report.--Not later than the date that is 180 
        days after the last determination made under paragraph (1)(C) 
        for a grant cycle, the Secretary shall submit to the Committees 
        on Appropriations and Homeland Security of the House of 
        Representatives and the Committees on Appropriations and 
        Homeland Security and Governmental Affairs of the Senate a 
        report that includes a list of all grants awarded under this 
        section for that grant cycle for which the grant recipient is 
        not, as of such date, able to receive grant funds and an 
        explanation of why such funds have not yet been released for 
        use by the recipient.
            ``(4) Performance.--
                    ``(A) Duration.--The performance period for grants 
                made under this section shall be a period of time not 
                less than 36 months in duration.
                    ``(B) Timing.--The performance period for any grant 
                made under this section shall not begin to run until 
                the recipient of the grant has been formally notified 
                that funds provided under the terms of the grant have 
                been released for use by the recipient.'';
                    (E) by inserting after subsection (l), as 
                redesignated by paragraph (2) of this section, the 
                following new subsection (m):
    ``(m) Access.--The Secretary shall ensure that, for each grant 
awarded under this section, the Inspector General of the Department is 
authorized to--
            ``(1) examine any records of the grant recipient or any 
        contractors or subcontractors with which the recipient enters 
        into a contract, or any State or local agency, that directly 
        pertain to and involve transactions relating to grants under 
        this section; and
            ``(2) interview any officer or employee of the recipient, 
        any contractors or subcontractors with which the recipient 
        enters into a contract, or State or local agency regarding such 
        transactions.''; and
                    (F) in subsection (o), as redesignated by paragraph 
                (3) of this section--
                            (i) by striking paragraph (1) and inserting 
                        the following new paragraph (1):
            ``(1) In general.--There is authorized to be appropriated 
        to the Secretary to make grants under this section $400,000,000 
        for fiscal year 2012, except that not more than 50 percent of 
        such funds may be used for operational costs under subsection 
        (b)(2) of this section.'';
                            (ii) by redesignating paragraphs (3) and 
                        (4) as paragraphs (4) and (5), respectively; 
                        and
                            (iii) by inserting after paragraph (2) the 
                        following new paragraph (3):
            ``(3) Exception.--The limitation on the percentage of funds 
        that may be used for operational costs under paragraph (1) 
        shall not apply to any costs involved with or relating to 
        explosives detection canine teams acquired or used for the 
        purpose of securing public transportation systems or 
        facilities.''.
            (2) Report on recommendations of comptroller general.--
                    (A) Report required.--Not later than 90 days after 
                the date of the enactment of this Act, the Secretary of 
                Homeland Security shall submit to the Committee on 
                Homeland Security of the House of Representatives and 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate a report on the status of the 
                Secretary's implementation of the recommendations of 
                the Comptroller General with respect to the improvement 
                of the administration of security grants under section 
                1406 of the Implementing Recommendations of the 9/11 
                Commission Act of 2007 (6 U.S.C. 1135).
                    (B) Review by inspector general.--Before the 
                Secretary submits the report required under paragraph 
                (1), the report shall be reviewed by the Inspector 
                General of the Department. When the Secretary submits 
                the report to Congress under paragraph (1), the 
                Secretary shall include with the report documentation 
                verifying that the report was reviewed by the Inspector 
                General in accordance with this paragraph.
    (b) Public Transportation Security Assistance.--
            (1) Security assistance program.--Section 1406(a) of the 
        National Transit Systems Security Act of 2007 (6 U.S.C. 
        1135(a)) is amended--
                    (A) in paragraph (1) by inserting ``and law 
                enforcement'' after ``public transportation''; and
                    (B) by adding at the end the following:
            ``(3) Law enforcement agency eligibility.--A law 
        enforcement agency is eligible for a grant under this section 
        if the agency enters into a memorandum of agreement or other 
        arrangement with a public transportation agency that is 
        eligible for a grant under paragraph (2) to oversee, direct, 
        and command the security operations of that public 
        transportation agency.''.
            (2) Uses of funds.--Section 1406(b)(1)(J) of the National 
        Transit Systems Security Act of 2007 (6 U.S.C. 1135(b)(1)(J)) 
        is amended by striking ``evacuation improvements'' and 
        inserting ``consequence management investments, including 
        investments with respect to evacuation improvements, route 
        designation and signage, and public assistance materials''.
            (3) Authorization of appropriations.--Section 1406(m)(1) of 
        the National Transit Systems Security Act of 2007 (6 U.S.C. 
        1135(m)(1)) is amended--
                    (A) in subparagraph (D) by striking ``and'' at the 
                end;
                    (B) in subparagraph (E)--
                            (i) by striking ``10 percent'' and 
                        inserting ``50 percent''; and
                            (ii) by striking ``subsection (b)(2).'' and 
                        inserting ``subsection (b)(2); and''; and
                    (C) by adding at the end the following:
                    ``(F) $400,000,000 for fiscal year 2012, except 
                that not more than 50 percent of such funds may be used 
                for operational costs under subsection (b)(2).''.

SEC. 323. FREIGHT RAIL SECURITY DEMONSTRATION PROJECT.

    (a) Demonstration Project.--The Assistant Secretary, in 
consultation with the Under Secretary of Homeland Security for Science 
and Technology, shall conduct a demonstration project in a freight rail 
system to test and assess the feasibility and effectiveness of 
technologies to strengthen the security of freight rail systems against 
terrorist attacks involving the use of improvised explosive devices and 
tampering with infrastructure to cause a derailment.
    (b) Security Technologies.--The demonstration project under this 
section shall be designed to test and assess technologies to--
            (1) detect improvised explosive devices on bridges and in 
        tunnels through the use of foreign object detection programs; 
        and
            (2) defeat improvised explosive devices left on rail 
        tracks.

SEC. 324. EXPLOSIVES DETECTION CANINE TEAMS FOR SURFACE TRANSPORTATION.

    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 ``2012''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Passenger screening teams.--
                    ``(A)  In general.--In order to strengthen the 
                Nation's mass transit infrastructure against explosives 
                threats, the Assistant Secretary of Homeland Security 
                (Transportation Security Administration) shall--
                            ``(i) increase the number of explosives 
                        detection canine teams certified by the 
                        Transportation Security Administration devoted 
                        to passenger rail and public transportation 
                        security activities to not less than 200 canine 
                        teams by the end of fiscal year 2012;
                            ``(ii) increase the assistance provided to 
                        passenger rail and public transportation 
                        agencies for participation in the 
                        Transportation Security Administration's canine 
                        program to $75,000 per canine team; and
                            ``(iii) expand the use of canine teams 
                        trained to detect explosives based on methods 
                        other than traditional explosives detection 
                        training techniques.
                    ``(B) Cooperative agreements.--The Assistant 
                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 Assistant Secretary for inflation.
                    ``(C) Authorization of appropriations.--From 
                amounts made available under section 101 of the 
                Transportation Security Administration Authorization 
                Act of 2011, there are authorized to be appropriated to 
                the Secretary such sums as may be necessary to carry 
                out this paragraph for each of fiscal years 2012 and 
                2013.'';
            (2) in subsection (d)--
                    (A) in paragraph (3), by striking ``and'';
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) expand the use of canine teams trained to detect 
        person-borne explosives in passenger rail and public 
        transportation security environments, as the Secretary, in 
        consultation with the Assistant Secretary of Homeland Security 
        (Transportation Security Administration), determines 
        appropriate.''; and
            (3) in subsection (e), by striking ``, if appropriate,'' 
        and inserting ``, to the extent practicable,''.

SEC. 325. PIPELINE SECURITY STUDY.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study regarding the roles and responsibilities of the 
Department of Homeland Security and the Department of Transportation 
with respect to pipeline security. The study shall address whether--
            (1) the Annex to the Memorandum of Understanding executed 
        on August 9, 2006, between the Department of Homeland Security 
        and the Department of Transportation adequately delineates 
        strategic and operational responsibilities for pipeline 
        security, including whether it is clear which Department is 
        responsible for--
                    (A) protecting against intentional pipeline 
                breaches;
                    (B) responding to intentional pipeline breaches; 
                and
                    (C) planning to recover from the effects of 
                intentional pipeline breaches;
            (2) the respective roles and responsibilities of each 
        Department are adequately conveyed to relevant stakeholders and 
        to the public; and
            (3) the processes and procedures for determining whether a 
        particular pipeline breach is a terrorist incident are clear 
        and effective.
    (b) Report on Study.--Not later than 180 days after the date of the 
enactment of this section, 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 containing the findings of the study conducted under subsection 
(a).
    (c) Report to Congress.--Not later than 90 days after the submittal 
of the report under subsection (b), the Secretary of Homeland Security 
shall review and analyze the study and 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 such 
review and analysis, including any recommendations for--
            (1) changes to the Annex to the Memorandum of Understanding 
        referred to in subsection (a)(1); and
            (2) other improvements to pipeline security activities at 
        the Department of Homeland Security.

SEC. 326. REPEAL OF LIMITATION RELATING TO MOTOR CARRIER SECURITY-
              SENSITIVE MATERIAL TRACKING TECHNOLOGY.

    Section 1554 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1204) is amended by striking 
subsection (d).

                    Subtitle C--Information Sharing

SEC. 341. 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. SURFACE TRANSPORTATION 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 Surface Transportation 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 the enactment of the Transportation 
                Security Administration Authorization Act of 2011, the 
                Advisory Committee shall submit to the Assistant 
                Secretary recommendations on 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.
            ``(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 grants, 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 the enactment of the Transportation 
                Security Administration Authorization Act of 2011, 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 the enactment of the Transportation 
                Security Administration Authorization Act of 2011, 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 the items relating to title XIII 
(Transportation Security Enhancements) the following:

``Sec. 1311. Surface Transportation Advisory Committee.''.

SEC. 342. PLAN TO IMPROVE INFORMATION SHARING.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary, acting through the Assistant 
Secretary, shall develop a plan to improve intelligence information 
sharing with State and local transportation entities that includes best 
practices to ensure that the information shared is actionable, useful, 
and not redundant.
    (b) Contents.--The plan required by subsection (a) shall include--
            (1) the incorporation of best practices for information 
        sharing;
            (2) the identification of areas of overlap and redundancy;
            (3) an evaluation and incorporation of stakeholder input in 
        the development of the plan; and
            (4) the integration of recommendations of the Comptroller 
        General of the United States on information sharing.
    (c) The Assistant Secretary shall solicit on an annual basis input 
from appropriate stakeholders, including State and local transportation 
entities, on the quality and quantity of intelligence they receive.

SEC. 343. BEST PRACTICES SHARING.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary, acting through the Assistant 
Secretary, shall establish a mechanism to share with State and local 
transportation entities best practices from across the law enforcement 
spectrum, including Federal, State, local, and tribal entities, that 
relate to employee training, employee professional development, 
technology development and deployment, hardening tactics, and passenger 
and employee awareness programs.
    (b) Consultation.--The Assistant Secretary shall solicit and 
incorporate stakeholder input--
            (1) in developing the mechanism for sharing best practices 
        as required under subsection (a); and
            (2) not less frequently than once each year on the quality 
        and quantity of information such stakeholders receive through 
        the mechanism established under subsection (a).
                                 <all>