[House Report 111-123]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-123
======================================================================
 
        TRANSPORTATION SECURITY ADMINISTRATION AUTHORIZATION ACT

                                _______
                                

  May 19, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                     MINORITY AND ADDITIONAL VIEWS

                        [To accompany H.R. 2200]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 2200) to authorize the Transportation Security 
Administration's programs relating to the provision of 
transportation security, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    27
Background and Need for Legislation..............................    27
Hearings.........................................................    28
Committee Consideration..........................................    28
Committee Votes..................................................    31
Committee Oversight Findings.....................................    34
New Budget Authority, Entitlement Authority, and Tax Expenditures    34
Congressional Budget Office Estimate.............................    34
Statement of General Performance Goals and Objectives............    38
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    39
Federal Mandates Statement.......................................    39
Advisory Committee Statement.....................................    39
Constitutional Authority Statement...............................    39
Applicability to Legislative Branch..............................    39
Section-by-Section Analysis of the Legislation...................    39
Changes in Existing Law Made by the Bill, as Reported............    59
Committee Correspondence.........................................    90
Additional, Minority, and Dissenting Views.......................    92

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Authorities vested in Assistant Secretary.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

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

                      TITLE II--AVIATION SECURITY

                 Subtitle A--Amendments to Chapter 449

Sec. 201. Screening air cargo and checked baggage.
Sec. 202. Prohibition of advance notice of covert testing to security 
screeners.
Sec. 203. Secure verification system for law enforcement officers.
Sec. 204. Ombudsman for Federal Air Marshal Service.
Sec. 205. Federal flight deck officer program enhancements.
Sec. 206. Foreign repair stations.
Sec. 207. Assistant Secretary defined.
Sec. 208. TSA and homeland security information sharing.
Sec. 209. Aviation security stakeholder participation.
Sec. 210. General aviation security.
Sec. 211. Security and self-defense training.
Sec. 212. Security screening of individuals with metal implants 
traveling in air transportation.
Sec. 213. Prohibition on outsourcing.

                       Subtitle B--Other Matters

Sec. 221. Security risk assessment of airport perimeter access 
controls.
Sec. 222. Advanced passenger prescreening system.
Sec. 223. Biometric identifier airport access enhancement demonstration 
program.
Sec. 224. Transportation security training programs.
Sec. 225. Deployment of technology approved by science and technology 
directorate.
Sec. 226. In-line baggage screening study.
Sec. 227. In-line checked baggage screening systems.
Sec. 228. GAO report on certain contracts and use of funds.
Sec. 229. IG report on certain policies for Federal air marshals.
Sec. 230. Explosives detection canine teams minimum for aviation 
security.
Sec. 231. Assessments and GAO Report of inbound air cargo screening.
Sec. 232. Status of efforts to promote air cargo shipper certification.
Sec. 233. Full and open competition in security background screening 
service.
Sec. 234. Registered traveler.
Sec. 235. Report on cabin crew communication.
Sec. 236. Air cargo crew training.
Sec. 237. Reimbursement for airports that have incurred eligible costs.
Sec. 238. Report on whole body imaging technology.
Sec. 239. Protective equipment.

               TITLE III--SURFACE TRANSPORTATION SECURITY

Sec. 301. Assistant Secretary defined.
Sec. 302. Surface transportation security inspection program.
Sec. 303. Visible intermodal prevention and response teams.
Sec. 304. Surface Transportation Security stakeholder participation.
Sec. 305. Human capital plan for surface transportation security 
personnel.
Sec. 306. Surface transportation security training.
Sec. 307. Security assistance IG Report.
Sec. 308. International lessons learned for securing passenger rail and 
public transportation systems.
Sec. 309. Underwater tunnel security demonstration project.
Sec. 310. Passenger rail security demonstration project.
Sec. 311. Explosives detection canine teams.

            TITLE IV--TRANSPORTATION SECURITY CREDENTIALING

                   Subtitle A--Security Credentialing

Sec. 401. Report and recommendation for uniform security background 
checks.
Sec. 402. Animal-propelled vessels.
Sec. 403. Requirements for issuance of transportation security cards; 
access pending issuance.
Sec. 404. Hamonizing security card expirations.
Sec. 405. Securing aviation from extreme terrorist threats.

                 Subtitle B--SAFE Truckers Act of 2009

Sec. 431. Short title.
Sec. 432. Surface transportation security.
Sec. 433. Conforming amendment.
Sec. 434. Limitation on issuance of hazmat licenses.
Sec. 435. Deadlines and effective dates.
Sec. 436. Task force on disqualifying crimes.

SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means Assistant Secretary of Homeland Security (Transportation 
        Security Administration).
          (2) Administration.--The term ``Administration'' means the 
        Transportation Security Administration.
          (3) Aviation security advisory committee.--The term 
        ``Aviation Security Advisory Committee'' means the advisory 
        committee established by section 44946 of title 49, United 
        States Code, as added by this Act.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        Homeland Security.

SEC. 3. AUTHORITIES VESTED IN ASSISTANT SECRETARY.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

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

  (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Assistant Secretary shall submit to the appropriate 
congressional committees, including the Committee on Homeland Security 
of the House of Representatives, a report on the status of its 
implementation of recommendations from the Comptroller General with 
respect to the use by the Transportation Security Administration of a 
risk-based system for allocating security resources effectively.
  (b) Assessments.--The report shall include assessments of the 
Transportation Security Administration's progress in--
          (1) adopting security goals that define specific outcomes, 
        conditions, end points, and performance targets;
          (2) conducting comprehensive risk assessments for the 
        transportation sector that meet the criteria established under 
        Homeland Security Presidential Directive-7 in effect as of 
        January 1, 2009, and combine individual assessments of threat, 
        vulnerability, and consequence;
          (3) analyzing the assessments described in paragraph (2) to 
        produce a comparative analysis of risk across the entire 
        transportation sector to guide current and future investment 
        decisions;
          (4) establishing an approach for gathering data on 
        investments by State, local, and private sector security 
        partners in transportation security;
          (5) establishing a plan and corresponding benchmarks for 
        conducting risk assessments for the transportation sector that 
        identify the scope of the assessments and resource requirements 
        for completing them;
          (6) working with the Department of Homeland Security to 
        effectuate the Administration's risk management approach by 
        establishing a plan and timeframe for assessing the 
        appropriateness of the Administration's intelligence-driven 
        risk management approach for managing risk at the 
        Administration and documenting the results of the assessment 
        once completed;
          (7) determining the best approach for assigning uncertainty 
        or confidence levels to analytic intelligence products related 
        to the Transportation Security Administration's security 
        mission and applying such approach; and
          (8) establishing internal controls, including--
                  (A) a focal point and clearly defined roles and 
                responsibilities for ensuring that the Administration's 
                risk management framework is implemented;
                  (B) policies, procedures, and guidance that require 
                the implementation of the Administration's framework 
                and completion of related work activities; and
                  (C) a system to monitor and improve how effectively 
                the framework is being implemented.
  (c) Assessment and Prioritization of Risks.--
          (1) In general.--Consistent with the risk and threat 
        assessments required under sections 114(s)(3)(B) and 44904(c) 
        of title 49, United States Code, the report shall include--
                  (A) a summary that ranks the risks within and across 
                transportation modes, including vulnerability of a 
                cyber attack; and
                  (B) a description of the risk-based priorities for 
                securing the transportation sector, both within and 
                across modes, in the order that the priorities should 
                be addressed.
          (2) Methods.--The report also shall--
                  (A) describe the underlying methodologies used to 
                assess risks across and within each transportation mode 
                and the basis for any assumptions regarding threats, 
                vulnerabilities, and consequences made in assessing and 
                prioritizing risks within and across such modes; and
                  (B) include the Assistant Secretary's working 
                definition of the terms ``risk-based'' and ``risk-
                informed''.
  (d) Format.--The report shall be submitted in classified or 
unclassified formats, as appropriate.

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

  (a) Requirements for Prime Contracts.--The Assistant Secretary shall 
include in each contract, valued at $300,000,000 or more, awarded for 
procurement of goods or services acquired for the Transportation 
Security Administration--
          (1) a requirement that the contractor shall implement a plan 
        for the award, in accordance with other applicable 
        requirements, of subcontracts under the contract to small 
        business concerns, including small business concerns owned and 
        controlled by socially and economically disadvantaged 
        individuals, small business concerns owned and controlled by 
        women, small business concerns owned and controlled by service-
        disabled veterans, HUBZone small business concerns, small 
        business concerns participating in the program under section 
        8(a) of the Small Business Act (15 U.S.C. 637(a)), institutions 
        of higher education receiving assistance under title III or V 
        of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 
        1101 et seq.), and Alaska Native Corporations created pursuant 
        to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), including the terms of such plan; and
          (2) a requirement that the contractor shall submit to the 
        Assistant Secretary, during performance of the contract, 
        periodic reports describing the extent to which the contractor 
        has complied with such plan, including specification (by total 
        dollar amount and by percentage of the total dollar value of 
        the contract) of the value of subcontracts awarded at all tiers 
        of subcontracting to small business concerns, institutions, and 
        corporations referred to in subsection (a)(1).
  (b) Utilization of Alliances.--The Assistant Secretary shall seek to 
facilitate award of contracts by the Administration to alliances of 
small business concerns, institutions, and corporations referred to in 
subsection (a)(1).
  (c) Annual Report.--
          (1) In general.--The Assistant Secretary shall submit to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate by October 31 each year a report on the award of 
        contracts to small business concerns, institutions, and 
        corporations referred to in subsection (a)(1) during the 
        preceding fiscal year.
          (2) Contents.--The Assistant Secretary shall include in each 
        report--
                  (A) specification of the value of such contracts, by 
                dollar amount and as a percentage of the total dollar 
                value of all contracts awarded by the United States in 
                such fiscal year;
                  (B) specification of the total dollar value of such 
                contracts awarded to each of the categories of small 
                business concerns, institutions, and corporations 
                referred to in subsection (a)(1); and
                  (C) if the percentage specified under subparagraph 
                (A) is less than 25 percent, an explanation of--
                          (i) why the percentage is less than 25 
                        percent; and
                          (ii) what will be done to ensure that the 
                        percentage for the following fiscal year will 
                        not be less than 25 percent.

                      TITLE II--AVIATION SECURITY

                 Subtitle A--Amendments to Chapter 449

SEC. 201. SCREENING AIR CARGO AND CHECKED BAGGAGE.

  (a) Inbound Air Cargo on Passenger Aircraft.--Section 44901(g) of 
title 49, United States Code, is amended--
          (1) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
          (2) by inserting after paragraph (2) the following:
          ``(3) Inbound air cargo on passenger aircraft.--Not later 
        than 2 years after the date of enactment of the Transportation 
        Security Administration Authorization Act, the Assistant 
        Secretary shall establish a system to verify that all cargo 
        transported on passenger aircraft operated by an air carrier or 
        foreign air carrier inbound to the United States be screened 
        for explosives. The system shall include a risk assessment for 
        inbound air cargo on passenger and all air cargo airplanes, and 
        the Assistant Secretary shall use this assessment to address 
        vulnerabilities in cargo screening. The Assistant Secretary 
        shall identify redundancies in inbound cargo inspection on 
        passenger aircraft by agencies and address these to ensure that 
        all cargo is screened without subjecting carriers to multiple 
        inspections by different agencies.''.
  (b) Mandatory Screening Where EDS Is Not Yet Available.--Section 
44901(e)(1) of title 49, United States Code, is amended to read as 
follows:
          ``(1) A bag match program, ensuring that no checked baggage 
        is placed aboard an aircraft unless the passenger who checked 
        the baggage is aboard the aircraft, is not authorized as an 
        alternate method of baggage screening where explosive detection 
        equipment is available unless there are exigent circumstances 
        as determined by the Assistant Secretary. The Assistant 
        Secretary shall report to the Committee on Homeland Security of 
        the House of Representatives within 90 days of the 
        determination that bag match must be used as an alternate 
        method of baggage screening.''.

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

  (a) Covert Testing.--Section 44935 of title 49, United States Code, 
is amended--
          (1) by redesignating the second subsection (i) (as 
        redesignated by section 111(a)(1) of Public Law 107-71 (115 
        Stat. 616), relating to accessibility of computer-based 
        training facilities) as subsection (k); and
          (2) by adding at the end the following new subsection:
  ``(l) Prohibition of Advance Notice to Security Screeners of Covert 
Testing and Evaluation.--
          ``(1) In general.--The Assistant Secretary shall ensure that 
        information concerning a covert test of a transportation 
        security system to be conducted by a covert testing office, the 
        Inspector General of the Department of Homeland Security, or 
        the Government Accountability Office is not provided to any 
        individual prior to the completion of the test.
          ``(2) Exceptions.--Notwithstanding paragraph (1)--
                  ``(A) an authorized individual involved in a covert 
                test of a transportation security system may provide 
                information concerning the covert test to--
                          ``(i) employees, officers, and contractors of 
                        the Federal Government (including military 
                        personnel);
                          ``(ii) employees and officers of State and 
                        local governments; and
                          ``(iii) law enforcement officials who are 
                        authorized to receive or directed to be 
                        provided such information by the Assistant 
                        Secretary, the Inspector General of the 
                        Department of Homeland Security, or the 
                        Comptroller General, as the case may be; and
                  ``(B) for the purpose of ensuring the security of any 
                individual in the vicinity of a site where a covert 
                test of a transportation security system is being 
                conducted, an individual conducting the test may 
                disclose his or her status as an individual conducting 
                the test to any appropriate individual if a security 
                screener or other individual who is not a covered 
                employee identifies the individual conducting the test 
                as a potential threat.
          ``(3) Special rules for tsa.--
                  ``(A) Monitoring and security of testing personnel.--
                The head of each covert testing office shall ensure 
                that a person or group of persons conducting a covert 
                test of a transportation security system for the covert 
                testing office is accompanied at the site of the test 
                by a cover team composed of one or more employees of 
                the covert testing office for the purpose of monitoring 
                the test and confirming the identity of personnel 
                involved in the test under subparagraph (B).
                  ``(B) Responsibility of cover team.--Under this 
                paragraph, a cover team for a covert test of a 
                transportation security system shall--
                          ``(i) monitor the test; and
                          ``(ii) for the purpose of ensuring the 
                        security of any individual in the vicinity of a 
                        site where the test is being conducted, 
                        confirm, notwithstanding paragraph (1), the 
                        identity of any individual conducting the test 
                        to any appropriate individual if a security 
                        screener or other individual who is not a 
                        covered employee identifies the individual 
                        conducting the test as a potential threat.
                  ``(C) Aviation screening.--Notwithstanding 
                subparagraph (A), the Transportation Security 
                Administration is not required to have a cover team 
                present during a test of the screening of persons, 
                carry-on items, or checked baggage at an aviation 
                security checkpoint at or serving an airport if the 
                test--
                          ``(i) is approved, in coordination with the 
                        designated security official for the airport 
                        operator by the Federal Security Director for 
                        such airport; and
                          ``(ii) is carried out under an aviation 
                        screening assessment program of the Department 
                        of Homeland Security.
                  ``(D) Use of other personnel.--The Transportation 
                Security Administration may use employees, officers, 
                and contractors of the Federal Government (including 
                military personnel) and employees and officers of State 
                and local governments to conduct covert tests.
          ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Appropriate individual.--The term `appropriate 
                individual', as used with respect to a covert test of a 
                transportation security system, means any individual 
                that--
                          ``(i) the individual conducting the test 
                        determines needs to know his or her status as 
                        an individual conducting a test under paragraph 
                        (2)(B); or
                          ``(ii) the cover team monitoring the test 
                        under paragraph (3)(B)(i) determines needs to 
                        know the identity of an individual conducting 
                        the test.
                  ``(B) Covered employee.--The term `covered employee' 
                means any individual who receives notice of a covert 
                test before the completion of a test under paragraph 
                (2)(A).
                  ``(C) Covert test.--
                          ``(i) In general.--The term `covert test' 
                        means an exercise or activity conducted by a 
                        covert testing office, the Inspector General of 
                        the Department of Homeland Security, or the 
                        Government Accountability Office to 
                        intentionally test, compromise, or circumvent 
                        transportation security systems to identify 
                        vulnerabilities in such systems.
                          ``(ii) Limitation.--Notwithstanding clause 
                        (i), the term `covert test' does not mean an 
                        exercise or activity by an employee or 
                        contractor of the Transportation Security 
                        Administration to test or assess compliance 
                        with relevant regulations.
                  ``(D) Covert testing office.--The term `covert 
                testing office' means any office of the Transportation 
                Security Administration designated by the Assistant 
                Secretary to conduct covert tests of transportation 
                security systems.
                  ``(E) Employee of a covert testing office.--The term 
                `employee of a covert testing office' means an 
                individual who is an employee of a covert testing 
                office or a contractor or an employee of a contractor 
                of a covert testing office.''.
  (b) Uniforms.--Section 44935(j) of such title is amended--
          (1) by striking ``The Under Secretary'' and inserting the 
        following:
          ``(1) Uniform requirement.--The Assistant Secretary''; and
          (2) by adding at the end the following:
          ``(2) Allowance.--The Assistant Secretary may grant a uniform 
        allowance of not less than $300 to any individual who screens 
        passengers and property pursuant to section 44901.''.

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

  Section 44917 of title 49, United States Code, is amended by adding 
at the end the following:
  ``(e) Secure Verification System for Law Enforcement Officers.--
          ``(1) In general.--The Assistant Secretary shall develop a 
        plan for a system to securely verify the identity and status of 
        law enforcement officers flying while armed. The Assistant 
        Secretary shall ensure that the system developed includes a 
        biometric component.
          ``(2) Demonstration.--The Assistant Secretary shall conduct a 
        demonstration program to test the secure verification system 
        described in paragraph (1) before issuing regulations for 
        deployment of the system.
          ``(3) Consultation.--The Assistant Secretary shall consult 
        with the Aviation Security Advisory Committee, established 
        under section 44946 of title 49, United States Code, when 
        developing the system and evaluating the demonstration program.
          ``(4) Report.--The Assistant Secretary shall submit a report 
        to the Committee on Homeland Security of the House of 
        Representatives, evaluating the demonstration program of the 
        secure verification system required by this section.
          ``(5) Authorization of appropriations.--From the amounts 
        authorized under section 101 of the Transportation Security 
        Administration Authorization Act, there is authorized to be 
        appropriated to carry out this subsection $10,000,000, to 
        remain available until expended.''.

SEC. 204. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERVICE.

  Section 44917 of title 49, United States Code, as amended by section 
203 of this Act, is further amended by adding at the end the following:
  ``(f) Ombudsman.--
          ``(1) Establishment.--The Assistant Secretary shall establish 
        in the Federal Air Marshal Service an Office of the Ombudsman.
          ``(2) Appointment.--The head of the Office shall be the 
        Ombudsman, who shall be appointed by the Assistant Secretary.
          ``(3) Duties.--The Ombudsman shall carry out programs and 
        activities to improve morale, training, and quality of life 
        issues in the Service, including through implementation of the 
        recommendations of the Inspector General of the Department of 
        Homeland Security and the Comptroller General.''.

SEC. 205. FEDERAL FLIGHT DECK OFFICER PROGRAM ENHANCEMENTS.

  (a) Establishment.--Section 44921(a) of title 49, United States Code, 
is amended by striking the following: ``The Under Secretary of 
Transportation for Security'' and inserting ``The Secretary of Homeland 
Security, acting through the Assistant Secretary of Transportation 
Security''.
  (b) Administrators.--Section 44921(b) of title 49, United States 
Code, is amended--
          (1) by striking ``Under'' in paragraphs (1), (2), (4), (6), 
        and (7); and
          (2) by adding at the end the following:
          ``(8) Administrators.--The Assistant Secretary shall 
        implement an appropriately sized administrative structure to 
        manage the program, including overseeing--
                  ``(A) eligibility and requirement protocols 
                administration; and
                  ``(B) communication with Federal flight deck 
                officers.''.
  (c) Training, Supervision, and Equipment.--Section 44921(c)(2)(C) of 
such title is amended by adding at the end the following:
                          ``(iv) Use of federal air marshal service 
                        field office facilities.--In addition to 
                        dedicated Government and contract training 
                        facilities, the Assistant Secretary shall 
                        require that field office facilities of the 
                        Federal Air Marshal Service be used for the 
                        administrative and training needs of the 
                        program. Such facilities shall be available to 
                        Federal flight deck officers at no cost for 
                        firearms training and qualification, defensive 
                        tactics training, and program administrative 
                        assistance.''.
  (d) Reimbursement.--Section 44921 of such title is amended by adding 
at the end the following:
  ``(l) Reimbursement.--The Secretary, acting through the Assistant 
Secretary, shall reimburse all Federal flight deck officers for 
expenses incurred to complete a recurrent and requalifying training 
requirement necessary to continue to serve as a Federal flight deck 
officer. Eligible expenses under this subsection include ground 
transportation, lodging, meals, and ammunition, to complete any 
required training as determined by the Assistant Secretary.''.

SEC. 206. FOREIGN REPAIR STATIONS.

  Section 44924(f) of title 49, United States Code, is amended to read 
as follows:
  ``(f) Regulations.--The Assistant Secretary shall issue regulations 
establishing security standards for foreign repair stations performing 
maintenance for aircraft used to provide air transportation and shall 
ensure that comparable standards apply to maintenance work performed by 
employees of repair stations certified under part 121 of title 14, Code 
of Federal Regulations, and maintenance work performed by employees of 
repair stations certified under part 145 of such title.''.

SEC. 207. ASSISTANT SECRETARY DEFINED.

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

``Sec. 44931. Assistant Secretary defined

  ``(a) In General.--In this chapter--
          ``(1) the term `Assistant Secretary' means the Assistant 
        Secretary of Homeland Security (Transportation Security 
        Administration); and
          ``(2) any reference to the Administrator of the 
        Transportation Security Administration, the Under Secretary of 
        Transportation for Security, the Under Secretary of 
        Transportation for Transportation Security, or the Under 
        Secretary for Transportation Security shall be deemed to be a 
        reference to the Assistant Secretary.
  ``(b) Authorities Vested in Assistant Secretary.--Any authority 
vested in the Assistant Secretary under this chapter shall be carried 
out under the direction and control of the Secretary of Homeland 
Security.''.
  (b) Clerical Amendment.--The analysis for such subchapter is amended 
by inserting before the item relating to section 44933 the following:

``44931. Assistant Secretary defined.''.

SEC. 208. TSA AND HOMELAND SECURITY INFORMATION SHARING.

  (a) Federal Security Director.--Section 44933 of title 49, United 
States Code, is amended--
          (1) in the section heading, by striking ``Managers'' and 
        inserting ``Directors'';
          (2) by striking ``Manager'' each place it appears and 
        inserting ``Director'';
          (3) by striking ``Managers'' each place it appears and 
        inserting ``Directors''; and
          (4) by adding at the end the following:
  ``(c) Information Sharing.--Not later than one year after the date of 
enactment of the Transportation Security Administration Authorization 
Act, the Assistant Secretary shall--
          ``(1) require an airport security plan to have clear 
        reporting procedures to provide that the Federal Security 
        Director of the airport is immediately notified whenever any 
        Federal, State, or local law enforcement personnel are called 
        to an aircraft at a gate or on an airfield at the airport to 
        respond to any security matter;
          ``(2) require each Federal Security Director of an airport to 
        meet at least quarterly with law enforcement agencies serving 
        the airport to discuss incident management protocols; and
          ``(3) require each Federal Security Director at an airport to 
        inform, consult, and coordinate, as appropriate, with the 
        airport operator in a timely manner on security matters 
        impacting airport operations and to establish and maintain 
        operational protocols with airport operators to ensure 
        coordinated responses to security matters.''.
  (b) Conforming Amendments.--
          (1) Section 114(f)(6) of title 49, United States Code, is 
        amended by striking ``Managers'' and inserting ``Directors''.
          (2) Section 44940(a)(1)(F) of title 49, United States Code, 
        is amended by striking ``Managers'' and inserting 
        ``Directors''.
  (c) Technical Amendment.--The chapter analysis for chapter 449 is 
amended by striking the item relating to section 44933 and inserting 
the following:

``44933. Federal Security Directors.''.

SEC. 209. AVIATION SECURITY STAKEHOLDER PARTICIPATION.

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

``Sec. 44946. Aviation Security Advisory Committee

  ``(a) Establishment of Aviation Security Advisory Committee.--
          ``(1) In general.--The Assistant Secretary shall establish in 
        the Transportation Security Administration an advisory 
        committee, to be known as the Aviation Security Advisory 
        Committee (in this chapter referred to as the `Advisory 
        Committee'), to assist the Assistant Secretary with issues 
        pertaining to aviation security, including credentialing.
          ``(2) Recommendations.--The Assistant Secretary shall require 
        the Advisory Committee to develop recommendations for 
        improvements to civil aviation security methods, equipment, and 
        processes.
          ``(3) Meetings.--The Assistant Secretary shall require the 
        Advisory Committee to meet at least semiannually and may 
        convene additional meetings as necessary.
          ``(4) Unpaid position.--Advisory Committee members shall 
        serve at their own expense and receive no salary, reimbursement 
        of travel expenses, or other compensation from the Federal 
        Government.
  ``(b) Membership.--
          ``(1) Member organizations.--The Assistant Secretary shall 
        ensure that the Advisory Committee is composed of not more than 
        one individual representing not more than 27 member 
        organizations, including representation of air carriers, all 
        cargo air transportation, indirect air carriers, labor 
        organizations representing air carrier employees, aircraft 
        manufacturers, airport operators, general aviation, and the 
        aviation technology security industry, including biometrics.
          ``(2) Appointments.--Members shall be appointed by the 
        Assistant Secretary, and the Assistant Secretary shall have the 
        discretion to review the participation of any Advisory 
        Committee member and remove for cause at any time.
  ``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee under this 
section.
  ``(d) Air Cargo Security Working Group.--
          ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee an air cargo security working 
        group to provide recommendations for air cargo security issues, 
        including the implementation of the air cargo screening 
        initiatives proposed by the Transportation Security 
        Administration to screen air cargo on passenger aircraft in 
        accordance with established cargo screening mandates.
          ``(2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the Assistant 
        Secretary with recommendations to improve the Administration's 
        cargo screening initiatives established to meet all cargo 
        screening mandates set forth in section 44901(g) of title 49, 
        United States Code.
          ``(3) Membership.--The working group shall include members 
        from the Advisory Committee with expertise in air cargo 
        operations and representatives from other stakeholders as 
        determined by the Assistant Secretary.
          ``(4) Reports.--
                  ``(A) In general.--The working group shall prepare 
                and submit reports to the Assistant Secretary in 
                accordance with this paragraph that provide cargo 
                screening mandate implementation recommendations.
                  ``(B) Submission.--Not later than one year after the 
                date of enactment of this section and on an annual 
                basis thereafter, the working group shall submit its 
                first report to the Assistant Secretary, including any 
                recommendations of the group--
                          ``(i) to reduce redundancies and increase 
                        efficiencies with the screening and inspection 
                        of inbound cargo; and
                          ``(ii) on the potential development of a fee 
                        structure to help sustain cargo screening 
                        efforts.''.
  (b) Clerical Amendment.--The analysis for such subchapter is amended 
by adding at the end the following:

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

SEC. 210. GENERAL AVIATION SECURITY.

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

``Sec. 44947. General aviation security

  ``(a) General Aviation Security Grant Program.--
          ``(1) In general.--The Assistant Secretary shall carry out a 
        general aviation security grant program to enhance 
        transportation security at general aviation airports by making 
        grants to operators of general aviation airports for projects 
        to enhance perimeter security, airfield security, and terminal 
        security.
          ``(2) Eligible projects.--Not later than one year after the 
        date of submission of the first report of the working group 
        under subsection (b), the Assistant Secretary shall develop and 
        make publically available a list of approved eligible projects 
        for such grants under paragraph (1) based upon recommendations 
        made by the working group in such report.
          ``(3) Federal share.--The Federal share of the cost of 
        activities for which grants are made under this subsection 
        shall be 90 percent.
  ``(b) General Aviation Security Working Group.--
          ``(1) In general.--The Assistant Secretary shall establish, 
        within the Aviation Security Advisory Committee established 
        under section 44946, a general aviation working group to advise 
        the Transportation Security Administration regarding 
        transportation security issues for general aviation facilities 
        general aviation aircraft, and helicopter operations at general 
        aviation and commercial service airports.
          ``(2) Meetings.--The working group shall meet at least 
        semiannually and may convene additional meetings as necessary.
          ``(3) Membership.--The Assistant Secretary shall appoint 
        members from the Aviation Security Advisory Committee with 
        general aviation experience.
          ``(4) Reports.--
                  ``(A) Submission.--The working group shall submit a 
                report to the Assistant Secretary with recommendations 
                on ways to improve security at general aviation 
                airports.
                  ``(B) Contents of report.--The report of the working 
                group submitted to the Assistant Secretary under this 
                paragraph shall include any recommendations of the 
                working group for eligible security enhancement 
                projects at general aviation airports to be funded by 
                grants under subsection (a).
                  ``(C) Subsequent reports.--After submitting the 
                report, the working group shall continue to report to 
                the Assistant Secretary on general aviation aircraft 
                and airports.
  ``(c) Authorization of Appropriations.--From amounts made available 
under section 101 of the Transportation Security Administration 
Authorization Act, there is authorized to be appropriated for making 
grants under subsection (a) $10,000,000 for each of fiscal years 2010 
and 2011.''.
  (b) Clerical Amendment.--The analysis for such subchapter is further 
amended by adding at the end the following:

``44947. General aviation security.''.

SEC. 211. SECURITY AND SELF-DEFENSE TRAINING.

  (a) Section 44918(b) of title 49, United States Code, is amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(1) Self-defense training program.--Not later than 1 year 
        after the date of enactment of the Transportation Security 
        Administration Authorization Act, the Assistant Secretary shall 
        provide advanced self-defense training of not less than 5 hours 
        during each 2-year period for all cabin crewmembers. The 
        Assistant Secretary shall consult with the Advisory Committee, 
        established under section 44946. and cabin crew and air carrier 
        representatives in developing a plan for providing self-defense 
        training in conjunction with existing recurrent training.'';
          (2) by striking paragraph (3) and inserting the following:
          ``(3) Participation.--A crewmember shall not be required to 
        engage in any physical contact during the training program 
        under this subsection.''; and
          (3) by striking paragraph (4) and redesignating paragraphs 
        (5) through (7) as paragraphs (4) through (6), respectively.
  (b) Security Training.--Section 44918(a)(6) of title 49, United 
States Code, is amended by adding at the end the following: ``The 
Assistant Secretary shall establish an oversight program for security 
training of cabin crewmembers that includes developing performance 
measures and strategic goals for air carriers, and standard protocols 
for Transportation Security Administration oversight inspectors, in 
accordance with recommendations by the Inspector General of the 
Department of Homeland Security and the Comptroller General.''.

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

  (a) In General.--Section 44903 of title 49, United States Code, is 
amended by adding at the end the following:
  ``(m) Security Screening of Individuals With Metal Implants.--
          ``(1) In general.--The Assistant Secretary shall ensure fair 
        treatment in the screening of individuals with metal implants 
        traveling in air transportation.
          ``(2) Plan.--The Assistant Secretary shall submit a plan to 
        the Committee on Homeland Security of the House of 
        Representatives for improving security screening procedures for 
        individuals with metal implants to limit disruptions in the 
        screening process while maintaining security. The plan shall 
        include benchmarks for implementing changes to the screening 
        process and analysis of approaches to limit such disruptions 
        for individuals with metal implants including participation in 
        the Registered Traveler program, as established pursuant to 
        section 109(a)(3) of the Aviation Transportation Security Act 
        (115 Stat. 597), and the development of a new credential or 
        system that incorporates biometric technology and other 
        applicable technologies to verify the identity of an individual 
        who has a metal implant.
          ``(3) Metal implant defined.--In this subsection, the term 
        `metal implant' means a metal device or object that has been 
        surgically implanted or otherwise placed in the body of an 
        individual, including any metal device used in a hip or knee 
        replacement, metal plate, metal screw, metal rod inside a bone, 
        and other metal orthopedic implants.''.
  (b) Effective Date.--Not later than 180 days after the date of 
enactment of the Transportation Security Administration Authorization 
Act, the Secretary of Homeland Security shall submit the plan for 
security screening procedures for individuals with metal implants, as 
required by section 44903(m) of title 49, United States Code.

SEC. 213. PROHIBITION ON OUTSOURCING.

  Section 44903(j)(2)(C) of title 49, United States Code, is amended by 
adding at the end the following new clause:
                          ``(v) Outsourcing prohibited.--Upon 
                        implementation of the advanced passenger 
                        prescreening system required by this section, 
                        the Assistant Secretary shall prohibit any non-
                        governmental entity from administering the 
                        function of comparing passenger information to 
                        the automatic selectee and no fly lists, 
                        consolidated and integrated terrorist 
                        watchlists, or any list or database derived 
                        from such watchlists for activities related to 
                        aviation security. The Assistant Secretary 
                        shall report to the Committee on Homeland 
                        Security of the House of Representatives and 
                        the Committee on Commerce, Science, and 
                        Transportation of the Senate when any non-
                        governmental entity is authorized access to the 
                        watchlists described in this clause.''.

                       Subtitle B--Other Matters

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

  (a) In General.--The Assistant Secretary shall develop a strategic 
risk-based plan to improve transportation security at airports that 
includes best practices to make airport perimeter access controls more 
secure at all commercial service and general aviation airports.
  (b) Contents.--The plan shall--
          (1) incorporate best practices for enhanced perimeter access 
        controls;
          (2) evaluate and incorporate major findings of all relevant 
        pilot programs of the Transportation Security Administration;
          (3) address recommendations of the Comptroller General on 
        perimeter access controls;
          (4) include a requirement that airports update their security 
        plans to incorporate the best practices, as appropriate, based 
        on risk and adapt the best practices to meet the needs specific 
        to their facilities; and
          (5) include an assessment of the role of new and emerging 
        technologies, including unmanned and autonomous perimeter 
        security technologies, that could be utilized at both 
        commercial and general aviation facilities.

SEC. 222. ADVANCED PASSENGER PRESCREENING SYSTEM.

  (a) Initial Report.--Not later than 90 days after the date of 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report that--
          (1) describes the progress made by the Department of Homeland 
        Security in implementing the advanced passenger prescreening 
        system;
          (2) compares the total number of misidentified passengers who 
        must undergo secondary screening or have been prevented from 
        boarding a plane during the 3-month period beginning 90 days 
        before the date of enactment of the Transportation Security 
        Administration Authorization Act with the 3-month period 
        beginning 90 days after such date; and
          (3) includes any other relevant recommendations that the 
        Inspector General of the Department of Homeland Security or the 
        Comptroller General determines appropriate.
  (b) Subsequent Reports.--The Comptroller General shall submit 
subsequent reports on the implementation to such Committees every 90 
days thereafter until the implementation is complete.

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

  (a) In General.--The Assistant Secretary shall carry out a 
demonstration program under which biometric identifier access systems 
for individuals with unescorted access to secure or sterile areas of an 
airport, including airport employees and flight crews, are evaluated 
for the purposes of enhancing transportation security at airports and 
to determine how airports can implement uniform biometric identifier 
and interoperable security systems.
  (b) Airports Participating in Program.--The Assistant Secretary shall 
select at least 7 airports, including at least 2 large airports, to 
participate in the demonstration program.
  (c) Initiation and Duration of Program.--
          (1) Deadline for initiation.--The Assistant Secretary shall 
        conduct the demonstration program not later than one year after 
        the date of enactment of this Act.
          (2) Duration.--The program shall have a duration of not less 
        than 180 days and not more than one year.
  (d) Required Elements.--In conducting the demonstration program, the 
Assistant Secretary shall--
          (1) assess best operational, administrative, and management 
        practices in creating uniform, standards-based, and 
        interoperable biometric identifier systems for all individuals 
        with access to secure or sterile areas of commercial service 
        airports; and
          (2) conduct a risk-based analysis of the selected airports 
        and other airports, as the Assistant Secretary determines 
        appropriate, to identify where the implementation of biometric 
        identifier systems could benefit security.
  (e) Considerations.--In conducting the demonstration program, the 
Assistant Secretary shall consider, at a minimum, the following:
          (1) Parallel systems.--Existing parallel biometric 
        transportation security systems applicable to workers with 
        unescorted access to transportation systems, including--
                  (A) transportation worker identification credentials 
                issued under section 70105 of title 46, United States 
                Code;
                  (B) armed law enforcement travel credentials issued 
                under section 44903(h)(6) of title 49, United States 
                Code; and
                  (C) other credential and biometric identifier systems 
                used by the Federal Government, as the Assistant 
                Secretary considers appropriate.
          (2) Efforts by transportation security administration.--Any 
        biometric identifier system or proposals developed by the 
        Assistant Secretary.
          (3) Infrastructure and technical requirements.--The 
        architecture, modules, interfaces, and transmission of data 
        needed for airport security operations.
          (4) Existing airport systems.--Credentialing and access 
        control systems in use in secure and sterile areas of airports.
          (5) Associated costs.--The costs of implementing uniform, 
        standards-based, and interoperable biometric identifier systems 
        at airports, including--
                  (A) the costs to airport operators, airport workers, 
                air carriers, and other aviation industry stakeholders; 
                and
                  (B) the costs associated with ongoing operations and 
                maintenance and modifications and enhancements needed 
                to support changes in physical and electronic 
                infrastructure.
          (6) Information from other sources.--Recommendations, 
        guidance, and information from other sources, including the 
        Inspector General of the Department of Homeland Security, the 
        Comptroller General, the heads of other governmental entities, 
        organizations representing airport workers, and private 
        individuals and organizations.
  (f) Identification of Best Practices.--In conducting the 
demonstration program, the Assistant Secretary shall identify best 
practices for the administration of biometric identifier access at 
airports, including best practices for each of the following processes:
          (1) Registration, vetting, and enrollment.
          (2) Issuance.
          (3) Verification and use.
          (4) Expiration and revocation.
          (5) Development of a cost structure for acquisition of 
        biometric identifier credentials.
          (6) Development of redress processes for workers.
  (g) Consultation.--In conducting the demonstration program, the 
Assistant Secretary shall consult with the Aviation Security Advisory 
Committee regarding how airports may transition to uniform, standards-
based, and interoperable biometric identifier systems for airport 
workers and others with unescorted access to secure or sterile areas of 
an airport.
  (h) Evaluation.--The Assistant Secretary shall conduct an evaluation 
of the demonstration program to specifically assess best operational, 
administrative, and management practices in creating a standard, 
interoperable, biometric identifier access system for all individuals 
with access to secure or sterile areas of commercial service airports.
  (i) Report to Congress.--Not later than 180 days after the last day 
of that demonstration program ends, the Assistant Secretary shall 
submit to the appropriate congressional committees, including the 
Committee on Homeland Security of the House of Representatives, a 
report on the results of the demonstration program. The report shall 
include possible incentives for airports that voluntarily seek to 
implement uniform, standards-based, and interoperable biometric 
identifier systems.
  (j) Biometric Identifier System Defined.--In this section, the term 
``biometric identifier system'' means a system that uses biometric 
identifier information to match individuals and confirm identity for 
transportation security and other purposes.
  (k) Authorization of Appropriations.--From amounts authorized under 
section 101, there is authorized to be appropriated a total of 
$20,000,000 to carry out this section for fiscal years 2010 and 2011.

SEC. 224. TRANSPORTATION SECURITY TRAINING PROGRAMS.

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

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

  (a) In General.--The Assistant Secretary, in consultation with the 
Directorate of Science and Technology of the Department of Homeland 
Security, shall develop and submit to the appropriate committees of 
Congress, including the Committee on Homeland Security of the House of 
Representatives, a strategic plan for the certification and integration 
of technologies for transportation security with high approval or 
testing results from the Directorate and the Transportation Security 
Laboratory of the Department.
  (b) Contents of Strategic Plan.--The strategic plan developed under 
subsection (a) shall include--
          (1) a cost-benefit analysis to assist in prioritizing 
        investments in new checkpoint screening technologies that 
        compare the costs and benefits of screening technologies being 
        considered for development or acquisition with the costs and 
        benefits of other viable alternatives;
          (2) quantifiable performance measures to assess the extent to 
        which investments in research, development, and deployment of 
        checkpoint screening technologies achieve performance goals for 
        enhancing security at airport passenger checkpoints; and
          (3) a method to ensure that operational tests and evaluations 
        have been successfully completed in an operational environment 
        before deploying checkpoint screening technologies to airport 
        checkpoints.
  (c) Report to Congress.--
          (1) In general.--The Assistant Secretary shall submit to the 
        appropriate committees of Congress, including the Committee on 
        Homeland Security of the House of Representatives, an annual 
        report on the status of all technologies that have undergone 
        testing and evaluation, including technologies that have been 
        certified by the Department, and any technologies used in a 
        demonstration program administered by the Administration. The 
        report shall also specify whether the technology was submitted 
        by an academic institution, including an institution of higher 
        education eligible to receive assistance under title III or V 
        of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq. and 
        1101 et seq.)
          (2) First report.--The first report submitted under this 
        subsection shall assess such technologies for a period of not 
        less than 2 years.

SEC. 226. IN-LINE BAGGAGE SCREENING STUDY.

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

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

  (a) Findings.--Congress finds the following:
          (1) Since its inception, the Administration has procured and 
        installed over 2,000 explosive detection systems (referred to 
        in this section as ``EDS'') and 8,000 explosive trace detection 
        (referred to in this section as ``ETD'') systems to screen 
        checked baggage for explosives at the Nation's commercial 
        airports.
          (2) Initial deployment of stand-alone EDS machines in airport 
        lobbies resulted in operational inefficiencies and security 
        risks as compared to using EDS machines integrated in-line with 
        airport baggage conveyor systems.
          (3) The Administration has acknowledged the advantages of 
        fully integrating in-line checked baggage EDS systems, 
        especially at large airports. According to the Administration, 
        in-line EDS systems have proven to be cost-effective and more 
        accurate at detecting dangerous items.
          (4) As a result of the large upfront capital investment 
        required, these systems have not been deployed on a wide-scale 
        basis. The Administration estimates that installing and 
        operating the optimal checked baggage screening systems could 
        potentially cost more than $20,000,000,000 over 20 years.
          (5) Nearly $2,000,000,000 has been appropriated for the 
        installation of in-line explosive detection systems, including 
        necessary baggage handling system improvements, since 2007.
          (6) Despite substantial funding, the Administration has made 
        limited progress in deploying optimal screening solutions, 
        including in-line systems, to 250 airports identified in its 
        February 2006 strategic planning framework.
  (b) GAO Report.--The Comptroller General shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on the Administration's progress in deploying optimal baggage 
screening solutions and replacing aging baggage screening equipment at 
the Nation's commercial airports. The report shall also include an 
analysis of the Administration's methodology for expending public funds 
to deploy in-line explosive detection systems since 2007. The report 
shall address, at a minimum--
          (1) the Administration's progress in deploying optimal 
        screening solutions at the Nation's largest commercial 
        airports, including resources obligated and expended through 
        fiscal year 2009;
          (2) the potential benefits and challenges associated with the 
        deployment of optimal screening solutions at the Nation's 
        commercial airports; and
          (3) the Administration's plans, estimated costs, and current 
        milestones for replacing EDS machines that are nearing the end 
        of their estimated useful product lives.
  (c) Updates Required.--Not later than 6 months after submitting the 
report required in subsection (b) and every 6 months thereafter until 
the funds appropriated for such systems are expended, the Comptroller 
General shall provide the Committee on Homeland Security of the House 
of Representatives an update regarding its analysis of the 
Administration's expenditures for explosive detection and in-line 
baggage systems.

SEC. 228. GAO REPORT ON CERTAIN CONTRACTS AND USE OF FUNDS.

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

SEC. 229. IG REPORT ON CERTAIN POLICIES FOR FEDERAL AIR MARSHALS.

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

SEC. 230. EXPLOSIVES DETECTION CANINE TEAMS MINIMUM FOR AVIATION 
                    SECURITY.

  The Assistant Secretary shall ensure that the number of explosives 
detection canine teams for aviation security is not less than 250 
through fiscal year 2011.

SEC. 231. ASSESSMENTS AND GAO REPORT OF INBOUND AIR CARGO SCREENING.

  Section 1602 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (121 Stat. 478) is amended by inserting at the 
end the following:
  ``(c) Assessment of Inbound Compliance.--Upon establishment of the 
inbound air cargo screening system, the Assistant Secretary shall 
submit a report to the Committee on Homeland Security in the House of 
Representatives on the impact, rationale, and percentage of air cargo 
being exempted from screening under exemptions granted under section 
44901(i)(1) of title 49, United States Code.
  ``(d) GAO Report.--Not later than 120 days after the date of 
enactment of this Act and quarterly thereafter, the Comptroller General 
shall review the air cargo screening system for inbound passenger 
aircraft and report to the Committee on Homeland Security in the House 
of Representatives on the status of implementation, including the 
approximate percentage of cargo being screened, as well as the 
Administration's methods to verify the screening system's 
implementation.''.

SEC. 232. STATUS OF EFFORTS TO PROMOTE AIR CARGO SHIPPER CERTIFICATION.

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

SEC. 233. FULL AND OPEN COMPETITION IN SECURITY BACKGROUND SCREENING 
                    SERVICE.

  Not later than 9 months after the date of enactment of this section, 
the Secretary shall publish in the Federal Register a notice that the 
selection process for security background screening services for 
persons requiring background screening in the aviation industry is 
subject to full and open competition. The notice shall include--
          (1) a statement that airports and other affected entities are 
        not required to use a single service provider of background 
        screening services and may use the services of other providers 
        approved by the Assistant Secretary;
          (2) requirements for disposal of personally identifiable 
        information by the approved provider by a date certain; and
          (3) information on all technical specifications and other 
        criteria required by the Assistant Secretary to approve a 
        background screening service provider.

SEC. 234. REGISTERED TRAVELER.

  (a) Assessments and Background Checks.--
          (1) In general.--Subject to paragraph (2) and not later than 
        120 days after the date of enactment of this Act, to enhance 
        aviation security through risk management at airport 
        checkpoints through use of the Registered Traveler program, 
        established pursuant to section 109(a)(3) of the Aviation 
        Transportation Security Act (115 Stat. 597), the Assistant 
        Secretary shall--
                  (A) reinstate an initial and continuous security 
                threat assessment program as part of the Registered 
                Traveler enrollment process; and
                  (B) allow Registered Traveler providers to perform 
                private sector background checks as part of their 
                enrollment process with assurance that the program 
                shall be undertaken in a manner consistent with 
                constitutional privacy and civil liberties protections 
                and be subject to approval and oversight by the 
                Assistant Secretary.
          (2) Requirements.--The Assistant Secretary shall not 
        reinstate the threat assessment component of the Registered 
        Traveler program or allow certain background checks unless the 
        Assistant Secretary--
                  (A) determines that the Registered Traveler program, 
                in accordance with this subsection, is integrated into 
                risk-based aviation security operations; and
                  (B) expedites checkpoint screening, as appropriate, 
                for Registered Traveler members who have been subjected 
                to a security threat assessment and the private sector 
                background check under this subsection.
  (b) Notification.--
          (1) Contents.--Not later than 180 days after the date of 
        enactment of this Act, if the Assistant Secretary determines 
        that the Registered Traveler program can be integrated into 
        risk-based aviation security operations under subsection (a), 
        the Assistant Secretary shall report to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate regarding--
                  (A) the level of risk reduction provided by carrying 
                out section (a); and
                  (B) how the Registered Traveler program has been 
                integrated into risk-based aviation security 
                operations.
          (2) Changes to protocol.--The Assistant Secretary shall also 
        set forth what changes to the program, including screening 
        protocols, have been implemented to realize the full potential 
        of the Registered Traveler program.
  (c) Rule of Construction.--Nothing in this section shall be construed 
to authorize any nongovernmental entity to perform vetting against the 
terrorist screening database maintained by the Administration.

SEC. 235. REPORT ON CABIN CREW COMMUNICATION.

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

SEC. 236. AIR CARGO CREW TRAINING.

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

SEC. 237. REIMBURSEMENT FOR AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.

  Section 1604(b)(2) of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (121 Stat. 481) is amended to read as follows:
          ``(2) Airports that have incurred eligible costs.--
                  ``(A) In general.--Not later than 60 days after the 
                date of enactment of the Transportation Security 
                Administration Authorization Act, the Assistant 
                Secretary of Homeland Security (Transportation Security 
                Administration) shall establish a process for resolving 
                reimbursement claims for airports that have incurred, 
                before the date of enactment of this Act, eligible 
                costs associated with development of partial or 
                completed in-line baggage systems.
                  ``(B) Process for receiving reimbursement.--The 
                process shall allow an airport--
                          ``(i) to submit a claim to the Assistant 
                        Secretary for reimbursement for eligible costs 
                        described in subparagraph (A); and
                          ``(ii) not later than 180 days after date on 
                        which the airport submits the claim, to receive 
                        a determination on the claim and, if the 
                        determination is positive, to be reimbursed.
                  ``(C) Report.--Not later than 60 days after the date 
                on which the Assistant Secretary establishes the 
                process under subparagraph (B), the Assistant Secretary 
                shall submit to the Committee on Homeland Security of 
                the House of Representatives a report containing a 
                description of the process, including a schedule for 
                the timely reimbursement of airports for which a 
                positive determination has been made.''.

SEC. 238. REPORT ON WHOLE BODY IMAGING TECHNOLOGY.

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

SEC. 239. PROTECTIVE EQUIPMENT.

  (a) In General.--Not later than 180 days after the date of enactment 
of the Transportation Security Administration Authorization Act, the 
Secretary of Homeland Security shall develop protocols for the use of 
protective equipment for personnel of the Transportation Security 
Administration and for other purposes.
  (b) Definition.--In this section the term ``protective equipment'' 
includes surgical masks and N95 masks.

               TITLE III--SURFACE TRANSPORTATION SECURITY

SEC. 301. ASSISTANT SECRETARY DEFINED.

  Section 1301 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1111) is amended--
          (1) by redesignating paragraphs (2) through (6) as paragraphs 
        (3) through (7), respectively; and
          (2) by inserting after paragraph (1) the following:
          ``(2) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of Homeland Security 
        (Transportation Security Administration).''.

SEC. 302. SURFACE TRANSPORTATION SECURITY INSPECTION PROGRAM.

  (a) Findings.--Congress finds the following:
          (1) Surface transportation security inspectors assist 
        passenger rail stakeholders in identifying security gaps 
        through Baseline Assessment for Security Enhancement (``BASE'') 
        reviews, monitor freight rail stakeholder efforts to reduce the 
        risk that toxic inhalation hazard shipments pose to high threat 
        urban areas through Security Action Item (``SAI'') reviews, and 
        assist in strengthening chain of custody security.
          (2) Surface transportation security inspectors play a 
        critical role in building and maintaining working relationships 
        with transit agencies and acting as liaisons between such 
        agencies and the Transportation Security Operations Center, 
        relationships which are vital to effective implementation of 
        the surface transportation security mission.
          (3) In December 2006, the Transportation Security 
        Administration shifted from a system in which surface 
        transportation security inspectors reported to surface-focused 
        supervisors to a system in which inspectors report to aviation-
        focused supervisors in the field; a shift which has resulted in 
        a strained chain of command, misappropriation of inspectors to 
        nonsurface activities, the hiring of senior-level inspectors 
        with no surface qualifications, and significant damage to 
        relationships with transit agencies and inspector morale.
  (b) Surface Transportation Security Inspection Office.--Section 1304 
of the Implementing Recommendations of the 9/11 Commission Act of 2007 
(6 U.S.C. 1113) is amended--
          (1) by redesignating subsections (c) through (j) as 
        subsections (b) through (i), respectively; and
          (2) by striking subsections (a) and (b) and inserting the 
        following:
  ``(a) Surface Transportation Security Inspection Office.--
          ``(1) Establishment.--The Secretary, acting through the 
        Assistant Secretary, shall establish an office to be known as 
        the Surface Transportation Security Inspection Office (in this 
        section referred to as the `Office').
          ``(2) Mission.--The Secretary shall use the Office to train, 
        employ, and utilize surface transportation security inspectors 
        to--
                  ``(A) assist surface transportation carriers, 
                operators, owners, entities, and facilities to enhance 
                their security against terrorist attacks and other 
                security threats; and
                  ``(B) assist the Secretary in enforcing applicable 
                surface transportation security regulations and 
                directives.
          ``(3) Officers.--
                  ``(A) Director.--The head of the Office shall be the 
                Director, who shall--
                          ``(i) oversee and coordinate the activities 
                        of the Office, including all officers and any 
                        corresponding surface transportation modes in 
                        which the Office carries out such activities, 
                        and the surface transportation security 
                        inspectors who assist in such activities; and
                          ``(ii) act as the primary point of contact 
                        between the Office and other entities that 
                        support the Department's surface transportation 
                        security mission to ensure efficient and 
                        appropriate use of surface transportation 
                        security inspectors and maintain strong working 
                        relationships with surface transportation 
                        security stakeholders.
                  ``(B) Deputy director.--There shall be a Deputy 
                Director of the Office, who shall--
                          ``(i) assist the Director in carrying out the 
                        responsibilities of the Director under this 
                        subsection; and
                          ``(ii) serve as acting Director in the 
                        absence of the Director and during any vacancy 
                        in the office of Director.
          ``(4) Appointment.--
                  ``(A) In general.--The Director and Deputy Director 
                shall be responsible on a full-time basis for the 
                duties and responsibilities described in this 
                subsection.
                  ``(B) Classification.--The position of Director shall 
                be considered a position in the Senior Executive 
                Service as defined in section 2101a of title 5, United 
                States Code, and the position of Deputy Director shall 
                be considered a position classified at grade GS-15 of 
                the General Schedule.
          ``(5) Limitation.--No person shall serve as an officer under 
        subsection (a)(3) while serving in any other position in the 
        Federal Government.
          ``(6) Field offices.--
                  ``(A) Establishment.--The Secretary shall establish 
                primary and secondary field offices in the United 
                States to be staffed by surface transportation security 
                inspectors in the course of carrying out their duties 
                under this section.
                  ``(B) Designation.--The locations for, and 
                designation as `primary' or `secondary' of, such field 
                offices shall be determined in a manner that is 
                consistent with the Department's risk-based approach to 
                carrying out its homeland security mission.
                  ``(C) Command structure.--
                          ``(i) Primary field offices.--Each primary 
                        field office shall be led by a chief surface 
                        transportation security inspector, who has 
                        significant experience with surface 
                        transportation systems, facilities, and 
                        operations and shall report directly to the 
                        Director.
                          ``(ii) Secondary field offices.--Each 
                        secondary field office shall be led by a senior 
                        surface transportation security inspector, who 
                        shall report directly to the chief surface 
                        transportation security inspector of a 
                        geographically appropriate primary field 
                        office, as determined by the Director.
                  ``(D) Personnel.--Not later than 18 months after the 
                date of enactment of the Transportation Security 
                Administration Authorization Act, field offices shall 
                be staffed with--
                          ``(i) not fewer than 7 surface transportation 
                        security inspectors, including one chief 
                        surface transportation security inspector, at 
                        every primary field office; and
                          ``(ii) not fewer than 5 surface 
                        transportation security inspectors, including 
                        one senior surface transportation security 
                        inspector, at every secondary field office.''.
  (c) Number of Inspectors.--Section 1304(e) of such Act (6 U.S.C. 
1113(e)), as redesignated by subsection (b) of this section, is amended 
to read as follows:
  ``(e) Number of Inspectors.--Subject to the availability of 
appropriations, the Secretary shall hire not fewer than--
          ``(1) 200 additional surface transportation security 
        inspectors in fiscal year 2010; and
          ``(2) 100 additional surface transportation security 
        inspectors in fiscal year 2011.''.
  (d) Coordination.--Section 1304(f) of such Act (6 U.S.C. 1113(f)), as 
redesignated by subsection (b) of this section, is amended by striking 
``114(t)'' and inserting ``114(s)''.
  (e) Report.--Section 1304(h) of such Act (6 U.S.C. 1113(h)), as 
redesignated by subsection (b) of this section, is amended by striking 
``2008'' and inserting ``2011''.
  (f) Plan.--Section 1304(i) of such Act (6 U.S.C. 1113(i)), as 
redesignated by subsection (b) of this section, is amended to read as 
follows:
  ``(i) Plan.--
          ``(1) In general.--Not later than 180 days after the date of 
        enactment of the Transportation Security Administration 
        Authorization Act, the Secretary shall submit to the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a plan for expanding the duties and leveraging the 
        expertise of surface transportation security inspectors to 
        further support the Department's surface transportation 
        security mission.
          ``(2) Contents.--The plan shall include--
                  ``(A) an analysis of how surface transportation 
                security inspectors could be used to conduct oversight 
                activities with respect to surface transportation 
                security projects funded by relevant grant programs 
                administered by the Department;
                  ``(B) an evaluation of whether authorizing surface 
                transportation security inspectors to obtain or possess 
                law enforcement qualifications or status would enhance 
                the capacity of the Office to take an active role in 
                the Department's surface transportation security 
                operations; and
                  ``(C) any other potential functions relating to 
                surface transportation security the Secretary 
                determines appropriate.''.
  (g) Authorization of Appropriations.--Section 1304 of such Act (6 
U.S.C. 1113) is amended by adding at the end the following:
  ``(j) Authorization of Appropriations.--From amounts made available 
under section 101 of the Transportation Security Administration 
Authorization Act, there are authorized to be appropriated such sums as 
may be necessary to the Secretary to carry out this section for fiscal 
years 2010 and 2011.''.
  (h) Conforming Amendment.--Section 1304(b) of such Act (6 U.S.C. 
1113(b)), as redesignated by subsection (b) of this section, is amended 
by striking ``subsection (e)'' and inserting ``subsection (d)''.

SEC. 303. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.

  Section 1303 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1112) is amended--
          (1) in subsection (a) by striking ``Administrator of the 
        Transportation Security Administration,'' and inserting 
        ``Assistant Secretary,'';
          (2) in subsection (a)(4) by striking ``team,'' and inserting 
        ``team as to specific locations and times within their 
        facilities at which VIPR teams should be deployed to maximize 
        the effectiveness of such deployment and other matters,''; and
          (3) by striking subsection (b) and inserting the following:
  ``(b) Performance Measures.--Not later than one year after the date 
of enactment of the Transportation Security Administration 
Authorization Act, the Secretary shall develop and implement a system 
of qualitative performance measures and objectives by which to assess 
the roles, activities, and effectiveness of VIPR team operations on an 
ongoing basis, including a mechanism through which the transportation 
entities listed in subsection (a)(4) may submit feedback on VIPR team 
operations involving their systems or facilities.
  ``(c) Plan.--Not later than one year after the date of enactment of 
the Transportation Security Administration Authorization Act, the 
Secretary shall develop and implement a plan for ensuring the 
interoperability of communications among all participating VIPR team 
components as designated under subsection (a)(1) and between VIPR teams 
and any relevant transportation entities as designated in subsection 
(a)(4) whose systems or facilities are involved in VIPR team 
operations, including an analysis of the costs and resources required 
to carry out the plan.
  ``(d) Authorization of Appropriations.--From amounts made available 
under section 101 of the Transportation Security Administration 
Authorization Act, there are authorized to be appropriated to the 
Secretary to carry out this section such sums as may be necessary for 
fiscal years 2010 and 2011.''.

SEC. 304. SURFACE TRANSPORTATION SECURITY STAKEHOLDER PARTICIPATION.

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

``SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE.

  ``(a) Establishment.--
          ``(1) In general.--The Assistant Secretary shall establish in 
        the Transportation Security Administration an advisory 
        committee, to be known as the Transit Security Advisory 
        Committee (in this section referred to as the `Advisory 
        Committee'), to assist the Assistant Secretary with issues 
        pertaining to surface transportation security.
          ``(2) Recommendations.--
                  ``(A) In general.--The Assistant Secretary shall 
                require the Advisory Committee to develop 
                recommendations for improvements to surface 
                transportation security planning, methods, equipment, 
                and processes.
                  ``(B) Priority issues.--Not later than one year after 
                the date of enactment of the Transportation Security 
                Administration Authorization Act, the Advisory 
                Committee shall submit to the Assistant Secretary 
                recommendations on--
                          ``(i) improving homeland security information 
                        sharing between components of the Department of 
                        Homeland Security and surface transportation 
                        security stakeholders, including those 
                        represented on the Advisory Committee; and
                          ``(ii) streamlining or consolidating 
                        redundant security background checks required 
                        by the Department under relevant statutes 
                        governing surface transportation security, as 
                        well as redundant security background checks 
                        required by States where there is no legitimate 
                        homeland security basis for requiring such 
                        checks.
          ``(3) Meetings.--The Assistant Secretary shall require the 
        Advisory Committee to meet at least semiannually and may 
        convene additional meetings as necessary.
          ``(4) Unpaid position.--Advisory Committee Members shall 
        serve at their own expense and receive no salary, reimbursement 
        for travel expenses, or other compensation from the Federal 
        Government.
  ``(b) Membership.--
          ``(1) In general.--The Assistant Secretary shall ensure that 
        the Advisory Committee is composed of not more than one 
        individual representing not more than 27 member organizations, 
        including representatives from public transportation agencies, 
        passenger rail agencies or operators, railroad carriers, motor 
        carriers, owners or operators of highways, over-the-road bus 
        operators and terminal owners and operators, pipeline 
        operators, labor organizations representing employees of such 
        entities, and the surface transportation security technology 
        industry.
          ``(2) Appointments.--Members shall be appointed by the 
        Assistant Secretary and the Assistant Secretary shall have the 
        discretion to review the participation of any Advisory 
        Committee member and remove for cause at any time.
  ``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee under this 
section.
  ``(d) Passenger Carrier Security Working Group.--
          ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee a passenger carrier security 
        working group to provide recommendations for successful 
        implementation of initiatives relating to passenger rail, over-
        the-road bus, and public transportation security proposed by 
        the Transportation Security Administration in accordance with 
        statutory requirements, including relevant grant programs and 
        security training provisions.
          ``(2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the Assistant 
        Secretary with recommendations to improve the Transportation 
        Security Administration's initiatives relating to passenger 
        rail, over-the-road bus, and public transportation security, 
        including grant, training, inspection, or other relevant 
        programs authorized in titles XIII and XIV, and subtitle C of 
        title XV of this Act.
          ``(3) Membership.--The working group shall be composed of 
        members from the Advisory Committee with expertise in public 
        transportation, over-the-road bus, or passenger rail systems 
        and operations, all appointed by the Assistant Secretary.
          ``(4) Reports.--
                  ``(A) In general.--The working group shall prepare 
                and submit reports to the Assistant Secretary in 
                accordance with this paragraph that provide 
                recommendations as described in paragraphs (1) and (2).
                  ``(B) Submission.--Not later than one year after the 
                date of enactment of the Transportation Security 
                Administration Authorization Act, and on an annual 
                basis thereafter, the working group shall submit a 
                report on the findings and recommendations developed 
                under subparagraph (A) to the Assistant Secretary.
  ``(e) Freight Rail Security Working Group.--
          ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee a freight rail security working 
        group to provide recommendations for successful implementation 
        of initiatives relating to freight rail security proposed by 
        the Transportation Security Administration in accordance with 
        statutory requirements, including relevant grant programs and 
        security training provisions.
          ``(2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the Assistant 
        Secretary with recommendations to improve the Transportation 
        Security Administration's initiatives relating to freight rail 
        security, including grant, training, inspection, or other 
        relevant programs authorized in titles XIII and XV of this Act.
          ``(3) Membership.--The working group shall be composed of 
        members from the Advisory Committee with expertise in freight 
        rail systems and operations, all appointed by the Assistant 
        Secretary.
          ``(4) Reports.--
                  ``(A) In general.--The working group shall prepare 
                and submit reports to the Assistant Secretary in 
                accordance with this paragraph that provide 
                recommendations as described in paragraphs (1) and (2).
                  ``(B) Submission.--Not later than one year after the 
                date of enactment of the Transportation Security 
                Administration Authorization Act, and on an annual 
                basis thereafter, the working group shall submit a 
                report on the findings and recommendations developed 
                under subparagraph (A) to the Assistant Secretary.''.
  (b) Conforming Amendment.--Section 1(b) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53) 
is amended by adding at the end of title XIII (Transportation Security 
Enchantments) the following:

``Sec. 1311. Transit Security Advisory Committee.''.

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

  (a) In General.--Not later than one year after the date of enactment 
of this Act, the Assistant Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a human 
capital plan for hiring, training, managing, and compensating surface 
transportation security personnel, including surface transportation 
security inspectors.
  (b) Consultation.--In developing the human capital plan, the 
Assistant Secretary shall consult with the chief human capital officer 
of the Department of Homeland Security, the Director of the Surface 
Transportation Security Inspection Office, the Inspector General of the 
Department of Homeland Security, and the Comptroller General.
  (c) Approval.--Prior to submission, the human capital plan shall be 
reviewed and approved by the chief human capital officer of the 
Department of Homeland Security.

SEC. 306. SURFACE TRANSPORTATION SECURITY TRAINING.

  (a) Status Report.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
on the status of the Department's implementation of sections 1408, 
1517, and 1534 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184), including 
detailed timeframes for development and issuance of the transportation 
security training regulations required under such sections.
  (b) Private Providers.--Not later than one year after the date of 
enactment of this Act, the Assistant Secretary shall identify criteria 
and establish a process for approving and maintaining a list of 
approved private third-party providers of security training with whom 
surface transportation entities may enter into contracts, as needed, 
for the purpose of satisfying security training requirements of the 
Department of Homeland Security, including requirements developed under 
sections 1408, 1517, and 1534 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184), in 
accordance with section 103 of this Act.

SEC. 307. SECURITY ASSISTANCE IG REPORT.

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

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

  (a) Findings.--Congress finds that--
          (1) numerous terrorist attacks since September 11, 2001, have 
        targeted passenger rail or public transportation systems;
          (2) nearly 200 people were killed and almost 2,000 more were 
        injured when terrorists set off 10 simultaneous explosions on 4 
        commuter trains in Madrid, Spain, on March 11, 2004;
          (3) 50 people were killed and more than 700 injured in 
        successive bombings of 3 transit stations and a public bus in 
        London, England, on July 7, 2005, and a second attack against 4 
        similar targets on July 21, 2005, failed because of faulty 
        detonators;
          (4) more than 200 people were killed and more than 700 
        injured in simultaneous terrorist bombings of commuter trains 
        on the Western Line in the suburbs of Mamba, India, on July 11, 
        2006;
          (5) the acts of terrorism in Mamba, India, on November 26, 
        2008, included commando-style attacks on a major railway 
        station; and
          (6) a disproportionately low amount of attention and 
        resources have been devoted to surface transportation security 
        by the Department of Homeland Security, including the security 
        of passenger rail and public transportation systems, as 
        compared with aviation security, which has been the primary 
        focus of Federal transportation security efforts generally, and 
        of the Transportation Security Administration in particular.
  (b) Study.--The Comptroller General shall conduct a study on the 
efforts undertaken by the Secretary and Assistant Secretary, as well as 
other entities determined by the Comptroller General to have made 
significant efforts, since January 1, 2004, to learn from foreign 
nations that have been targets of terrorist attacks on passenger rail 
and public transportation systems in an effort to identify lessons 
learned from the experience of such nations to improve the execution of 
Department functions to address transportation security gaps in the 
United States.
  (c) Report.--
          (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report on the results of 
        the study. The report shall also include an analysis of 
        relevant legal differences that may affect the ability of the 
        Department to apply lessons learned.
          (2) Recommendations.--The Comptroller General shall include 
        in the report recommendations on how the Department and its 
        components, including the Transportation Security 
        Administration, can expand efforts to learn from the expertise 
        and the security practices of passenger rail and public 
        transportation systems in foreign nations that have experienced 
        terrorist attacks on such systems.

SEC. 309. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.

  (a) Demonstration Project.--The Assistant Secretary, in consultation 
with the Under Secretary for Science and Technology, shall conduct a 
full-scale demonstration project to test and assess the feasibility and 
effectiveness of certain technologies to enhance the security of 
underwater public transportation tunnels against terrorist attacks 
involving the use of improvised explosive devices.
  (b) Inflatable Plugs.--
          (1) In general.--At least one of the technologies tested 
        under subsection (a) shall be inflatable plugs that may be 
        rapidly deployed to prevent flooding of a tunnel.
          (2) First technology tested.--Not later than 180 days after 
        the date of enactment of this Act, the Assistant Secretary 
        shall carry out a demonstration project that tests the 
        effectiveness of using inflatable plugs for the purpose 
        described in paragraph (1).
  (c) Report to Congress.--Not later than 180 days after completion of 
the demonstration project under this section, the Assistant Secretary 
shall submit a report to the appropriate committees of Congress, 
including the Committee on Homeland Security of the House of 
Representatives, on the results of the demonstration project.
  (d) Authorization of Appropriation.--Of the amounts made available 
under section 101 for fiscal year 2010, $8,000,000 shall be available 
to carry out this section.

SEC. 310. PASSENGER RAIL SECURITY DEMONSTRATION PROJECT.

  (a) Demonstration Project.--The Assistant Secretary, in consultation 
with the Under Secretary for Science and Technology, shall conduct a 
demonstration project in a passenger rail system to test and assess the 
feasibility and effectiveness of technologies to strengthen the 
security of passenger rail systems against terrorist attacks involving 
the use of improvised explosive devices.
  (b) Security Technologies.--The demonstration project under this 
section shall test and assess technologies to--
          (1) detect improvised explosive devices on station platforms, 
        through the use of foreign object detection programs in 
        conjunction with cameras; and
          (2) defeat improvised explosive devices left on rail tracks.
  (c) Report to Congress.--Not later than 180 days after completion of 
the demonstration project under this section, the Assistant Secretary 
shall submit a report to the appropriate committees of Congress, 
including the Committee on Homeland Security of the House of 
Representatives, on the results of the demonstration project.

SEC. 311. EXPLOSIVES DETECTION CANINE TEAMS.

  Section 1307 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1116) is amended--
          (1) in subsection (b)--
                  (A) in paragraph (1)(A), by striking ``2010'' and 
                inserting ``2011''; and
                  (B) by adding at the end the following new paragraph:
          ``(3) Allocation.--
                  ``(A)  In general.--The Secretary shall increase the 
                number of canine teams certified by the Transportation 
                Security Administration for the purpose of passenger 
                rail and public transportation security activities to 
                not less than 200 canine teams by the end of fiscal 
                year 2011.
                  ``(B) Cooperative agreements.--The Secretary shall 
                expand the use of canine teams to enhance passenger 
                rail and public transportation security by entering 
                into cooperative agreements with passenger rail and 
                public transportation agencies eligible for security 
                assistance under section 1406 of this Act for the 
                purpose of deploying and maintaining canine teams to 
                such agencies for use in passenger rail or public 
                transportation security activities and providing for 
                assistance in an amount not less than $75,000 for each 
                canine team deployed, to be adjusted by the Secretary 
                for inflation.
                  ``(C) Authorization of appropriations.--From amounts 
                made available under section 101 of the Transportation 
                Security Administration Authorization Act, there are 
                authorized to be appropriated to the Secretary such 
                sums as may be necessary to carry out this paragraph 
                for fiscal years 2010 and 2011.'';
          (2) in subsection (d)--
                  (A) in paragraph (3), by striking ``and'';
                  (B) in paragraph (4), by striking the period at the 
                end and inserting the following: ``; and''; and
                  (C) by adding at the end the following new paragraph:
          ``(5) expand the use of canine teams trained to detect vapor 
        wave trails in passenger rail and public transportation 
        security environments, as the Secretary, in consultation with 
        the Assistant Secretary, determines appropriate.'';
          (3) in subsection (e), by striking ``, if appropriate,'' and 
        inserting ``, to the extent practicable,'' ; and
          (4) by striking subsection (f) and inserting the following 
        new subsection (f):
  ``(f) Report.--Not later than one year after the date of the 
enactment of the Transportation Security Administration Authorization 
Act, the Comptroller General shall submit to the appropriate 
congressional committees a report on--
          ``(1) utilization of explosives detection canine teams to 
        strengthen security in passenger rail and public transportation 
        environments;
          ``(2) the capacity of the national explosive detection canine 
        team program as a whole; and
          ``(3) how the Assistant Secretary could better support State 
        and local passenger rail and public transportation entities in 
        maintaining certified canine teams for the life of the canine, 
        including by providing financial assistance.''.

            TITLE IV--TRANSPORTATION SECURITY CREDENTIALING

                   Subtitle A--Security Credentialing

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

  Not later than one year after the date of enactment of this Act, the 
Comptroller General shall submit to the Committee on Homeland Security 
of the House of Representatives a report that contains--
          (1) a review of background checks and forms of identification 
        required under State and local transportation security 
        programs;
          (2) a determination as to whether the background checks and 
        forms of identification required under such programs duplicate 
        or conflict with Federal programs; and
          (3) recommendations on limiting the number of background 
        checks and forms of identification required under such programs 
        to reduce or eliminate duplication with Federal programs.

SEC. 402. ANIMAL-PROPELLED VESSELS.

  Notwithstanding section 70105 of title 46, United States Code, the 
Secretary shall not require an individual to hold a transportation 
security card, or be accompanied by another individual who holds such a 
card if--
          (1) the individual has been issued a license, certificate of 
        registry, or merchant mariner's document under part E of 
        subtitle II of title 46, United States Code;
          (2) the individual is not allowed unescorted access to a 
        secure area designated in a vessel or facility security plan 
        approved by the Secretary; and
          (3) the individual is engaged in the operation of a live 
        animal-propelled vessel.

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

  Section 70105 of title 46, United States Code, is amended by adding 
at the end the following new subsections:
  ``(n) Escorting.--The Secretary shall coordinate with owners and 
operators subject to this section to allow any individual who has a 
pending application for a transportation security card under this 
section or is waiting for reissuance of such card, including any 
individual whose card has been lost or stolen, and who needs to perform 
work in a secure or restricted area to have access to such area for 
that purpose through escorting of such individual in accordance with 
subsection (a)(1)(B) by another individual who holds a transportation 
security card.
  ``(o) Processing Time.--The Secretary shall review an initial 
transportation security card application and respond to the applicant, 
as appropriate, including the mailing of an Initial Determination of 
Threat Assessment letter, within 30 days after receipt of the initial 
application. The Secretary shall, to the greatest extent practicable, 
review appeal and waiver requests submitted by a transportation 
security card applicant, and send a written decision or request for 
additional information required for the appeal or waiver determination, 
within 30 days after receipt of the applicant's appeal or waiver 
written request. For an applicant that is required to submit additional 
information for an appeal or waiver determination, the Secretary shall 
send a written decision, to the greatest extent practicable, within 30 
days after receipt of all requested information.
  ``(p) Receipt of Cards.--Within 180 days after the date of enactment 
of the Transportation Security Administration Authorization Act, the 
Secretary shall develop a process to permit an individual approved for 
a transportation security card under this section to receive the card 
at the individual's place of residence.
  ``(q) Fingerprinting.--The Secretary shall establish procedures 
providing for an individual who is required to be fingerprinted for 
purposes of this section to be fingerprinted at facilities operated by 
or under contract with an agency of the Department of the Secretary 
that engages in fingerprinting the public for transportation security 
or other security purposes.''.

SEC. 404. HARMONIZING SECURITY CARD EXPIRATIONS.

  Section 70105(b) of title 46, United States Code, is amended by 
adding at the end the following new paragraph:
  ``(6) The Secretary may extend for up to one year the expiration of a 
biometric transportation security card required by this section to 
align the expiration with the expiration of a license, certificate of 
registry, or merchant mariner document required under chapter 71 or 
73.''.

SEC. 405. SECURING AVIATION FROM EXTREME TERRORIST THREATS.

  Section 44903(j)(2)(C) of title 49, United States Code, as amended by 
section 213 of this Act, is further amended by adding at the end the 
following:
                          ``(vi) Inclusion of detainees on no fly 
                        list.--The Assistant Secretary, in coordination 
                        with the Terrorist Screening Center, shall 
                        include on the no fly list any individual who 
                        was a detainee housed at the Naval Station, 
                        Guantanamo Bay, Cuba, on or after January 1, 
                        2009, after a final disposition has been issued 
                        by the President. For purposes of this clause, 
                        the term `detainee' means an individual in the 
                        custody or under the physical control of the 
                        United States as a result of armed conflict.''.

                 Subtitle B--SAFE Truckers Act of 2009

SEC. 431. SHORT TITLE.

  This subtitle may be cited as the ``Screening Applied Fairly and 
Equitably to Truckers Act of 2009'' or the ``SAFE Truckers Act of 
2009''.

SEC. 432. SURFACE TRANSPORTATION SECURITY.

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

              ``TITLE XXI--SURFACE TRANSPORTATION SECURITY

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

  ``(a) Security Sensitive Materials.--Not later than 120 days after 
the date of enactment of this section, the Secretary shall issue final 
regulations, after notice and comment, defining security sensitive 
materials for the purposes of this title.
  ``(b) Motor Vehicle Operators.--The Secretary shall prohibit an 
individual from operating a motor vehicle in commerce while 
transporting a security sensitive material unless the individual holds 
a valid transportation security card issued by the Secretary under 
section 70105 of title 46, United States Code.
  ``(c) Shippers.--The Secretary shall prohibit a person from--
          ``(1) offering a security sensitive material for 
        transportation by motor vehicle in commerce; or
          ``(2) causing a security sensitive material to be transported 
        by motor vehicle in commerce,
unless the motor vehicle operator transporting the security sensitive 
material holds a valid transportation security card issued by the 
Secretary under section 70105 of title 46, United States Code.

``SEC. 2102. ENROLLMENT LOCATIONS.

  ``(a) Fingerprinting Locations.--The Secretary shall--
          ``(1) work with appropriate entities to ensure that 
        fingerprinting locations for individuals applying for a 
        transportation security card under section 70105 of title 46, 
        United States Code, have flexible operating hours; and
          ``(2) permit an individual applying for such transportation 
        security card to utilize a fingerprinting location outside of 
        the individual's State of residence to the greatest extent 
        practicable.
  ``(b) Receipt and Activation of Cards.--The Secretary shall develop 
guidelines and procedures to permit an individual to receive a 
transportation security card under section 70105 of title 46, United 
States Code, at the individual's place of residence and to activate the 
card at any enrollment center.
  ``(c) Number of Locations.--The Secretary shall develop and implement 
a plan--
          ``(1) to offer individuals applying for a transportation 
        security card under section 70105 of title 46, United States 
        Code, the maximum number of fingerprinting locations 
        practicable across diverse geographic regions; and
          ``(2) to conduct outreach to appropriate stakeholders, 
        including owners, operators, and relevant entities (and labor 
        organizations representing employees of such owners, operators, 
        and entities), to keep the stakeholders informed of the 
        timeframe and locations for the opening of additional 
        fingerprinting locations.
  ``(d) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this section.

``SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE.

  ``(a) In General.--The Secretary is authorized to ensure compliance 
with this title.
  ``(b) Memorandum of Understanding.--The Secretary may enter into a 
memorandum of understanding with the Secretary of Transportation to 
ensure compliance with section 2101.

``SEC. 2104. CIVIL PENALTIES.

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

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

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

``SEC. 2106. OTHER SECURITY BACKGROUND CHECKS.

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

``SEC. 2107. REDUNDANT BACKGROUND CHECKS.

  ``(a) In General.--After the date of enactment of this title, the 
Secretary shall prohibit a State or political subdivision thereof from 
requiring a separate security background check of an individual seeking 
to transport hazardous materials.
  ``(b) Waivers.--The Secretary may waive the application of subsection 
(a) with respect to a State or political subdivision thereof if the 
State or political subdivision demonstrates a compelling homeland 
security reason that a separate security background check is necessary 
to ensure the secure transportation of hazardous materials in the State 
or political subdivision.
  ``(c) Limitation on Statutory Construction.--Nothing in this section 
shall limit the authority of a State to ensure that an individual has 
the requisite knowledge and skills to safely transport hazardous 
materials in commerce.

``SEC. 2108. TRANSITION.

  ``(a) Treatment of Individuals Receiving Prior Hazardous Materials 
Endorsements.--The Secretary shall treat an individual who has obtained 
a hazardous materials endorsement in accordance with section 1572 of 
title 49, Code of Federal Regulations, before the date of enactment of 
this title, as having met the background check requirements of a 
transportation security card under section 70105 of title 46, United 
States Code, subject to reissuance or expiration dates of the hazardous 
materials endorsement.
  ``(b) Reduction in Fees.--The Secretary shall reduce, to the greatest 
extent practicable, any fees associated with obtaining a transportation 
security card under section 70105 of title 46, United Sates Code, for 
any individual referred to in subsection (a).

``SEC. 2109. SAVINGS CLAUSE.

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

``SEC. 2110. DEFINITIONS.

  ``In this title, the following definitions apply:
          ``(1) Commerce.--The term `commerce' means trade or 
        transportation in the jurisdiction of the United States--
                  ``(A) between a place in a State and a place outside 
                of the State; or
                  ``(B) that affects trade or transportation between a 
                place in a State and a place outside of the State.
          ``(2) Hazardous material.--The term `hazardous material' has 
        the meaning given that term in section 5102 of title 49, United 
        States Code.
          ``(3) Person.--The term `person', in addition to its meaning 
        under section 1 of title 1, United States Code--
                  ``(A) includes a government, Indian tribe, or 
                authority of a government or tribe offering security 
                sensitive material for transportation in commerce or 
                transporting security sensitive material to further a 
                commercial enterprise; but
                  ``(B) does not include--
                          ``(i) the United States Postal Service; and
                          ``(ii) in section 2104, a department, agency, 
                        or instrumentality of the Government.
          ``(4) Security sensitive material.--The term `security 
        sensitive material' has the meaning given that term in section 
        1501 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (6 U.S.C. 1151).
          ``(5) Transports; transportation.--The term `transports' or 
        `transportation' means the movement of property and loading, 
        unloading, or storage incidental to such movement.''.

SEC. 433. CONFORMING AMENDMENT.

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

              ``TITLE XXI--SURFACE TRANSPORTATION SECURITY

``Sec. 2101. Transportation of security sensitive materials.
``Sec. 2102. Enrollment locations.
``Sec. 2103. Authority to ensure compliance.
``Sec. 2104. Civil penalties.
``Sec. 2105. Commercial motor vehicle operators registered to operate 
in Mexico or Canada.
``Sec. 2106. Other security background checks.
``Sec. 2107. Redundant background checks.
``Sec. 2108. Transition.
``Sec. 2109. Savings clause.
``Sec. 2110. Definitions.''.

SEC. 434. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.

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

SEC. 435. DEADLINES AND EFFECTIVE DATES.

  (a) Issuance of Transportation Security Cards.--Not later than May 
31, 2010, the Secretary shall begin issuance of transportation security 
cards under section 70105 of title 46, United States Code, to 
individuals who seek to operate a motor vehicle in commerce while 
transporting security sensitive materials.
  (b) Effective Date of Prohibitions.--The prohibitions contained in 
sections 2101 and 2106 of the Homeland Security Act of 2002 (as added 
by this subtitle) shall take effect on the date that is 3 years after 
the date of enactment of this Act.
  (c) Effective Date of Section 434 Amendments.--The amendments made by 
section 434 of this Act shall take effect on the date that is 3 years 
after the date of enactment of this Act.

SEC. 436. TASK FORCE ON DISQUALIFYING CRIMES.

  (a) Establishment.--The Secretary shall establish a task force to 
review the lists of crimes that disqualify individuals from 
transportation-related employment under current regulations of the 
Transportation Security Administration and assess whether such lists of 
crimes are accurate indicators of a terrorism security risk.
  (b) Membership.--The task force shall be composed of representatives 
of appropriate industries, including labor unions representing 
employees of such industries, Federal agencies, and other appropriate 
entities, as determined by the Secretary.
  (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the task force shall submit to the Secretary and the 
Committee on Homeland Security of the House of Representatives a report 
containing the results of the review, including recommendations for a 
common list of disqualifying crimes and the rationale for the inclusion 
of each crime on the list.

                          Purpose and Summary

    The purpose of H.R. 2200 is to authorize the Transportation 
Security Administration's programs relating to the provision of 
transportation security, and for other purposes.

                  Background and Need for Legislation

    Pursuant to the Aviation and Transportation Security Act of 
2001 (ATSA), the Transportation Security Administration (TSA) 
is responsible for the security of all modes of transportation, 
including rail, mass transit, trucking, bus, and aviation 
security. However, since ATSA was enacted, TSA has focused the 
vast majority of its resources and assets on aviation security. 
Although this approach is understandable, given the how the 
United States was attacked on September 11, 2001, it ignores 
the growing trend in terrorist attacks on surface 
transportation assets worldwide.
    TSA has been tasked with a complex and evolving mission, 
including the responsibility for securing transportation 
systems in the United States while maintaining a healthy 
movement of goods, services, and people. Over the past eight 
years, TSA has matured, slowly gaining the proper authority to 
carefully implement effective policies that improve security 
across transportation systems, particularly in aviation. The 
Committee recognizes the steps TSA has taken in an effort to 
enhance certain aviation security priorities and H.R. 2200 
provides additional guidance and critical benchmarks to improve 
existing aviation security initiatives. Further, H.R. 2200 
addresses security issues critical to securing surface 
transportation modes, including surface transportation security 
inspectors, transit security grants, outreach to stakeholders, 
explosives detection canine teams, security training for 
passenger carriers, and technology for securing tunnels and 
other transit facilities from acts of terrorism.
    The complexity of TSA's mission, coupled with intricate 
operational challenges, requires the careful and thoughtful 
oversight Congressional authorization provides. Proper 
oversight of the security programs and policies at TSA comes 
with proper metrics that will provide a sense of progress and 
build on effective security policies.
    Through the Transportation Security Administration 
Authorization Act of 2009, Congress provides a policy 
blueprint, with measurable goals that TSA can utilize to 
develop existing security initiatives. H.R. 2200 calls for the 
integration of biometric technologies that will enhance airport 
perimeter access controls, increased collaboration between 
stakeholders and TSA on a number of security policy issues, and 
other important mode-specific security initiatives. The 
mandates in H.R. 2200 ensure the implementation of security 
programs with specific metrics that can be utilized to better 
assess overall progress of TSA.
    Although H.R. 2200 contains several new provisions to 
improve transportation security in the aviation and surface 
modes, the Committee recognizes that the Assistant Secretary 
has discretionary authority to utilize appropriate risk 
assessments and intelligence information to continually address 
the Nation's aviation security. To that end, the Transportation 
Security Administration Authorization Act of 2009 further 
promotes Congress' belief that TSA should take a risk-based 
approach to transportation security. This approach should 
carefully consider threat, vulnerability, and consequence 
information, as recommended by the Comptroller General, so that 
resources are allocated wisely and transparently.

                                Hearings

    No Committee hearings were held on H.R. 2200.

                        Committee Consideration

Subcommittee Consideration
    The Subcommittee on Transportation Security and 
Infrastructure Protection of the Committee on Homeland Security 
met, pursuant to notice, in open markup session, a quorum being 
present, on Wednesday, May 6, 2009, in 311 Cannon House Office 
Building to consider H.R. 2200. The Subcommittee ordered H.R. 
2200 to be forwarded to the Full Committee for consideration, 
with the recommendation that it be adopted, by voice vote.
    The Subcommittee adopted the bill, as amended, by a 
recorded vote of 12 yeas and 0 nays (Roll Call Vote No. 2).
        The following amendments were offered:

                An Amendment in the Nature of a Substitute 
                offered by Ms. Jackson-Lee (#1); was AGREED TO, 
                amended, by a recorded vote of 14 yeas and 0 
                nays (Roll Call Vote No. 1).

                An en bloc Amendment offered by Ms. Jackson-Lee 
                to the Amendment in the Nature of a Substitute 
                (#1A); On page 29, after line 11, insert a new 
                section entitled ``Sec. 212, Security and Self-
                defense training.''; on page 41, after line 7, 
                insert a new subsection entitled ``(c) Report 
                on Cabin Crew Communication''; on page 41, 
                after line 7, insert a new section entitled 
                ``Sec. 232. Registered Traveler.''; was AGREED 
                TO by voice vote.

                An Amendment offered by Mr. Olson to the 
                Amendment in the Nature of a Substitute (#1B); 
                at the end of subtitle B of title II of the 
                bill, insert a new section entitled ``Sec. 
                General Aviation Negotiated Rulemaking.''; was 
                WITHDRAWN by unanimous consent.

                An Amendment offered by Mr. Lungren to the 
                Amendment in the Nature of a Substitute (#1C); 
                on page 41, after line 9, insert the following: 
                ``Subtitle A-General Provisions''; and on page 
                89, after line 9, add a new section (and 
                conform the table of contents accordingly): 
                entitled ``Subtitle B-Surface Transportation 
                Security Screening''; was WITHDRAWN by 
                unanimous consent.


Full Committee Consideration
    The Committee on Homeland Security met, pursuant to notice, 
in open markup session, a quorum being present, on Thursday, 
May 14, 2009, in 311 Cannon House Office Building to consider 
H.R. 2200. The Committee ordered H.R. 2200 to be reported to 
the House, as amended, with a favorable recommendation by voice 
vote.
    The Committee adopted the bill, as amended, by a roll call 
vote of 22 yeas, 0 nays, and 1 voting ``present'' (Roll Call 
Vote No. 4).

        The following amendments were offered:
                An Amendment in the Nature of a Substitute 
                offered by Mr. Thompson (#1); was AGREED TO by 
                voice vote.

                An Amendment offered by Ms. Sanchez to the 
                Amendment in the Nature of a Substitute (#1A); 
                At the end of title IV add a new section 
                entitled ``Sec. _. Requirements for Issuance of 
                Transportation Security Cards; Access Pending 
                Issuance.''; was AGREED TO by voice vote.
                An Amendment offered by Mr. Lungren to the 
                Amendment in the Nature of a Substitute (#1B); 
                Page 79, after line 4, insert the following: 
                ``Subtitle A-Security Credentialing''; Page 80, 
                after line 11, add a new Subtitle entitled 
                ``Subtitle B-SAFE Truckers Act of 2009''; was 
                AGREED TO by voice vote.

                An Amendment offered by Mr. Lungren to the 
                Amendment in the Nature of a Substitute (#1C); 
                At the end of subtitle A of title II of the 
                bill, insert a new section entitled ``Sec. _. 
                Federal Air Marshals.''; was NOT AGREED TO by a 
                recorded vote of 11 yeas and 13 nays (Roll Call 
                Vote No. 1).

                An Amendment offered by Mr. Souder to the 
                Amendment in the Nature of a Substitute (#1D); 
                In title II, at the end of subtitle A add a new 
                section entitled ``Sec._. Securing Aviation 
                from Extreme Terrorist Threats.''; was AGREED 
                TO, as amended, by voice vote.

                        An amendment offered by Mr. Pascrell to 
                        the amendment offered by Mr. Souder to 
                        the Amendment in the Nature of a 
                        Substitute (#1D1); In title IV at the 
                        end of subtitle B add the following new 
                        section entitled ``Sec._. Securing 
                        Aviation From Extreme Terrorist 
                        Threats.''; was AGREED TO by a recorded 
                        vote of 14 yeas and 11 nays (Roll Call 
                        Vote No. 2).

                An Amendment offered by Mr. Bilirakis to the 
                Amendment in the Nature of a Substitute (#1E); 
                At the end of title III of the bill insert a 
                new section entitled ``Sec._. Pipeline Security 
                Study.''; was WITHDRAWN by unanimous consent.

                An Amendment offered by Mr. Broun to the 
                Amendment in the Nature of a Substitute (#1F); 
                In section 307 of the bill insert a new 
                subsection entitled ``(c) Other Reports.''; was 
                NOT AGREED TO by a recorded vote of 9 yeas and 
                17 nays (Roll Call Vote No. 3).

                An Amendment offered by Mr. Broun to the 
                Amendment in the Nature of a Substitute (#1G); 
                At the end of subtitle B of title II of the 
                bill, insert a new section entitled ``Sec 238. 
                GAO Study of TSA Staffing Levels.''; was NOT 
                AGREED TO by voice vote.

                An Amendment offered by Mr. Broun to the 
                Amendment in the Nature of a Substitute (#1H); 
                In title II, at the end of subtitle A add a new 
                section entitled ``Sec. _. Use of Protective 
                Face Masks.''; was AGREED TO, amended, by voice 
                vote.

                        An amendment offered by Ms. Titus to 
                        the amendment offered by Mr. Broun to 
                        the Amendment in the Nature of a 
                        Substitute (#1H1); In the amendment 
                        instruction, strike ``subtitle A'' and 
                        insert ``subtitle B''. Beginning on 
                        page 1, strike line 1 through page 2, 
                        line 9, and insert a new section 
                        entitled ``Sec. _. Protective 
                        Equipment.''; was AGREED TO by voice 
                        vote.

                An En Bloc Amendment offered by Mr. Thompson to 
                the Amendment in the Nature of a Substitute 
                (#1I); consisting of the amendments listed 
                below; was AGREED TO by voice vote.
                          In section 102(c)(1)(A) of the bill, 
                        insert the following ``, including 
                        vulnerability of a cyber attack'' after 
                        ``modes'';
                          At the end of title IV add a new 
                        section entitled ``Sec. _. Harmonizing 
                        Security Card Expirations.'';
                          In title II, at the end of subtitle B 
                        add a new section entitled ``Sec. _. 
                        Prohibition on Outsourcing.'';
                          Page 11, line 24, strike ``Section'' 
                        and insert ``(a) Covert Testing.-
                        Section''; Page 17, after line 4, 
                        insert a new subsection entitled ``(b) 
                        Uniforms.'';
                          Page 77, strike lines 14 through 19 
                        and insert a new subsection entitled 
                        ``(3) Allocation.'';
                          Page 34, line 10, strike ``and'' Page 
                        34, after line 10, insert the following 
                        (and conform the subsequent paragraphs 
                        accordingly): ``(2) compares the total 
                        number of misidentified passengers who 
                        must undergo secondary screening or 
                        have been prevented from boarding a 
                        plane during the 3-month period 
                        beginning 90 days before the date of 
                        enactment of the Transportation 
                        Security Administration Authorization 
                        Act the 3-month period beginning 90 
                        days after such date; and''.;
                          In section 221(b) of the bill- insert 
                        a new subsection (5) ``including an 
                        assessment of the role of new and 
                        emerging technologies, including 
                        technologies, that could be utilized at 
                        both commercial and general aviation 
                        facilities.'' And conform the section;
                          Page 75, line 22, strike ``At'' and 
                        insert the following: (1) In General.-
                        At Page 75, after line 25, insert a new 
                        subsection entitled (2) First 
                        Technology Tested.'' Page 76, after 
                        line 6, insert a new subsection 
                        entitled ``(d) Authorization of 
                        Appropriation.''
                          At the end of subtitle B of title II 
                        of the bill insert a new section 
                        entitled ``Sec. _. Report on Whole Body 
                        Imaging Technology.''; and
                          Page 20, after line 17, insert a new 
                        subsection entitled ``(d) 
                        Reimbursement'' and ``(1) 
                        Reimbursement.''; was AGREED TO by 
                        voice vote.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.


Subcommittee Votes
    The Subcommittee on Transportation Security and 
Infrastructure Protection of the Committee on Homeland Security 
met, pursuant to notice, in open markup session, a quorum being 
present, on Wednesday, May 6, 2009, in 311 Cannon House Office 
Building to consider H.R. 2200. The Subcommittee took the 
following actions:
    H.R. 2200, ``To authorize the Transportation Security 
Administration's programs relating to the provision of 
transportation security, and for other purposes.''; was ordered 
to be forwarded to the Full Committee for consideration, with 
the recommendation that it be adopted, by voice vote.
    The Subcommittee adopted the bill, as amended, by a 
recorded vote of 12 yeas and 0 nays (Roll Call Vote No. 2). The 
vote was as follows:

        YEAS                          NAYS
Ms. Jackson-Lee
Mr. DeFazio
Ms. Norton
Mr. Lujan
Mr. Cleaver
Mr. Himes
Mr. Massa
Ms. Titus
Mr. Dent
Mr. Olson
Mrs. Miller
Mr. Austria

    An Amendment in the Nature of a Substitute offered by Ms. 
Jackson-Lee (#1); was AGREED TO, amended, by a recorded vote of 
14 yeas and 0 nays (Roll Call Vote No. 1). The vote was as 
follows:
        YEAS                          NAYS
Ms. Jackson-Lee
Mr. DeFazio
Ms. Norton
Mrs. Kirkpatrick
Mr. Lujan
Mr. Cleaver
Mr. Himes
Mr. Massa
Ms. Titus
Mr. Dent
Mr. Lungren
Mr. Olson
Mrs. Miller
Mr. Austria


Full Committee Votes
    The Committee on Homeland Security met, pursuant to notice, 
in open markup session, a quorum being present, on Thursday, 
May 14, 2009, in 311 Cannon House Office Building to consider 
H.R. 2200. The Committee ordered H.R. 2200 to be reported to 
the House, as amended, with a favorable recommendation by voice 
vote.
    The Committee adopted the bill, as amended, by a roll call 
vote of 22 yeas, 0 nays, and 1 voting ``present'' (Roll Call 
Vote No. 4). The vote was as follows:
        YEAS                          NAYS
Mr. Thompson
Ms. Sanchez
Mr. DeFazio
Ms. Jackson-Lee
Ms. Clarke
Ms. Richardson
Mrs. Kirkpatrick
Mr. Lujan
Mr. Pascrell
Mr. Cleaver
Mr. Green
Mr. Himes
Mr. Massa
Ms. Titus
Mr. King
Mr. Rogers
Mr. McCaul
Mr. Dent
Mr. Bilirakis
Mr. Broun
Mrs. Miller
Mr. Austria
    Members voting ``Present'': Mr. Souder.


    An Amendment offered by Mr. Lungren to the Amendment in the 
Nature of a Substitute (#1C); At the end of subtitle A of title 
II of the bill, insert a new section entitled ``Sec. _. Federal 
Air Marshals.''; was NOT AGREED TO by a recorded vote of 11 
yeas and 13 nays (Roll Call Vote No. 1). The vote was as 
follows:
        YEAS                          NAYS
Mr. King                            Mr. Thompson
Mr. Souder                          Ms. Sanchez
Mr. Lungren                         Ms. Jackson-Lee
Mr. Rogers                          Mr. Cuellar
Mr. McCaul                          Ms. Clarke
Mr. Dent                            Ms. Richardson
Mr. Bilirakis                       Mrs. Kirkpatrick
Mr. Broun                           Mr. Lujan
Mrs. Miller                         Mr. Pascrell
Mr. Olson                           Mr. Cleaver
Mr. Austria                         Mr. Green
                                    Ms. Kilroy
                                    Mr. Massa
                                    Ms. Titus


    An amendment offered by Mr. Pascrell to the amendment 
offered by Mr. Souder to the Amendment in the Nature of a 
Substitute (#1D1); In title IV at the end of subtitle B add the 
following new section entitled ``Sec._. Securing Aviation From 
Extreme Terrorist Threats.''; was AGREED TO by a recorded vote 
of 14 yeas and 11 nays (Roll Call Vote No. 2). The vote was as 
follows:
        YEAS                          NAYS
Mr. Thompson                        Mr. King
Ms. Harman                          Mr. Souder
Ms. Norton                          Mr. Lungren
Ms. Jackson-Lee                     Mr. Rogers
Mr. Cuellar                         Mr. McCaul
Ms. Clarke                          Mr. Dent
Ms. Richardson                      Mr. Bilirakis
Mrs. Kirkpatrick                    Mr. Broun
Mr. Lujan                           Mrs. Miller
Mr. Pascrell                        Mr. Olson
Mr. Cleaver                         Mr. Austria
Mr. Green
Ms. Kilroy
Ms. Titus

                An Amendment offered by Mr. Broun to the 
                Amendment in the Nature of a Substitute (#1F); 
                In section 307 of the bill insert a new 
                subsection entitled ``(c) Other Reports.''; was 
                NOT AGREED TO by a recorded vote of 9 yeas and 
                17 nays (Roll Call Vote No. 3).The vote was as 
                follows:
        YEAS                          NAYS
Mr. Thompson                        Mr. King
Ms. Sanchez                         Mr. Rogers
Ms. Harman                          Mr. McCaul
Ms. Norton                          Mr. Dent
Ms. Jackson-Lee                     Mr. Bilirakis
Mr. Cuellar                         Mr. Broun
Ms. Clarke                          Mrs. Miller
Ms. Richardson                      Mr. Olson
Mrs. Kirkpatrick                    Mr. Austria
Mr. Lujan
Mr. Pascrell
Mr. Cleaver
Mr. Green
Mr. Himes
Ms. Kilroy
Mr. Massa
Ms. Titus

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

     In compliance with clause 3(c)(2) of Rule XIII of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 2200, the Transportation Security Administration 
Authorization Act, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

     The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.
                                                      May 18, 2009.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2200, the 
Transportation Security Administration Authorization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2200--Transportation Security Administration Authorization Act

    Summary: H.R. 2200 would authorize gross appropriations 
totalling $15.7 billion over the 2010-2011 period for 
activities of the Transportation Security Administration (TSA), 
which is responsible for security of all modes of public 
transportation in the United States. Assuming appropriation of 
the authorized amounts, CBO estimates that implementing H.R. 
2200 would increase net discretionary spending by $3.0 billion 
in 2010 and $11.4 billion over the 2010-2014 period. Enacting 
the bill would not affect direct spending. H.R. 2200 could 
increase revenues from civil monetary penalties for violations 
of federal regulations related to the transportation of certain 
hazardous materials, but CBO estimates that any such increases 
would be negligible.
    H.R. 2200 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
because it would impose new planning requirements on both 
public and private airports. The bill also would impose 
private-sector mandates on U.S. air carriers and motor vehicle 
operators that transport certain materials. Based on 
information from industry sources, CBO estimates that the 
aggregate cost of complying with the mandates would fall below 
the annual thresholds established in UMRA ($69 million for 
intergovernmental mandates and $139 million for private-sector 
mandates in 2009, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2200 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2010      2011      2012      2013      2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Gross TSA Spending:
    Authorization Level............................     7,605     8,061         0         0         0     15,666
    Estimated Outlays..............................     5,113     7,051     2,336       863       268     15,631
Aviation Security Fees:
    Estimated Authorization Level..................    -2,100    -2,140         0         0         0     -4,240
    Estimated Outlays..............................    -2,100    -2,140         0         0         0     -4,240
Studies and Reports:
    Estimated Authorization Level..................         2         2         0         0         0          4
    Estimated Outlays..............................         2         2         0         0         0          4
Total Changes:
    Estimated Authorization Level..................     5,507     5,923         0         0         0     11,430
    Estimated Outlays..............................     3,015     4,913     2,336       863       268     11,395
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO estimates that implementing H.R. 
2200 would increase net discretionary spending by $3.0 billion 
in 2010 and $11.4 billion over the 2010-2014 period. Nearly all 
of that spending would be for TSA's activities, with additional 
spending by other agencies that would be required to complete 
various studies and reports concerning transportation security.

Gross TSA spending

    Excluding $1 billion provided for TSA's aviation security 
activities by the American Recovery and Reinvestment Act 
(ARRA), TSA received gross appropriations totalling $6.7 
billion in 2009 for federal air marshals and programs to 
enhance the security of all modes of transportation. Most of 
that amount--$4.7 billion--was provided for activities related 
to aviation security, particularly for salaries of screeners of 
passengers and baggage and related expenses. Under current law, 
CBO estimates that roughly $2.0 billion of amounts appropriated 
for aviation security activities will be offset by fees that 
TSA is authorized to collect. Most of those collections will 
result from fees charged on tickets sold by commercial 
airlines. Additional collections will result from security fees 
paid directly to TSA by air carriers. (Under existing law, TSA 
can collect and spend, without further Congressional action, 
$250 million a year in such fees; the agency's authority to 
collect and spend additional fees is subject to appropriation.)
    H.R. 2200 would authorize gross appropriations of $7.6 
billion in 2010 and $8.1 billion in 2011 for TSA to continue 
its major programs. Those amounts also would support new 
initiatives and requirements under H.R. 2200 that would:
     Authorize new programs to demonstrate the use of 
biometric technologies in verifying the identities of flight 
crews, certain airport workers, and law enforcement officers;
     Authorize grants to airports used primarily by air 
carriers that provide nonscheduled service to support projects 
to enhance the security of airport perimeters, airfields, and 
terminals;
     Establish an ombudsman for federal air marshals;
     Establish committees to advise TSA on issues 
related to security of aviation and other modes of 
transportation;
     Authorize TSA to reimburse airports for certain 
security-related expenses;
     Direct TSA to hire additional security inspectors 
for surface transportation;
     Modify certain credentialing programs, 
particularly those aimed at individuals who transport certain 
hazardous materials.
     Specify various new training requirements for 
federal flight deck officers, crew members of passenger and 
cargo aircraft, certain staff of air carriers, and surface 
transportation inspectors; and
     Require TSA to complete demonstration projects for 
technologies involved in air and surface transportation 
security.
    In total, CBO estimates that implementing H.R. 2200 would 
increase TSA's gross discretionary spending by $5.1 billion in 
2010 and $15.6 billion over the 2010-2014 period. Estimates of 
outlays are based on information from TSA and on historical 
spending patterns for TSA programs. For this estimate, CBO 
assumes that H.R. 2200 will be enacted near the start of fiscal 
year 2010 and that authorized amounts will be provided near the 
start of each year.

Aviation security fees

    For this estimate, CBO assumes a portion of the amounts 
authorized for TSA programs would come from aviation security 
fees. Based on information from TSA about anticipated numbers 
of future airline passengers and travel patterns, CBO estimates 
that such fees would offset about $2.1 billion of the amounts 
authorized for TSA programs in each of fiscal years 2010 and 
2011, thus reducing the net appropriations that would be 
necessary to implement the legislation. Accordingly, we 
estimate that fully funding TSA's activities under H.R. 2200 
would require net appropriations totaling about $5.5 billion in 
2010 and $5.9 billion in 2011. (By comparison, excluding ARRA 
funding, CBO estimates that net appropriations for TSA will 
total $4.7 billion for 2009.) CBO estimates that net outlays 
resulting from that level of funding would total $3.0 billion 
in 2010 and $11.4 billion over the 2010-2014 period.

Studies and reports

    H.R. 2200 would require other agencies, particularly the 
Government Accountability Office, to complete various studies 
and reports for the Congress related to transportation 
security. CBO estimates that fully funding those activities 
would require appropriations totaling $2 million in each of 
fiscal years 2010 and 2011 and increase discretionary spending 
by $4 million over the next two years, assuming appropriation 
of the necessary amounts.

Revenues

    H.R. 2200 would modify credentialing requirements for 
individuals that transport certain types of hazardous waste and 
would establish new civil penalties for violations of those 
requirements. Thus, the federal government might collect 
additional fines if the bill is enacted. Collections of civil 
fines are recorded as revenues and deposited in the Treasury; 
however, CBO expects that any increase in revenues related to 
those penalties would not be significant.
    Intergovernmental and private-sector impact: H.R. 2200 
contains intergovernmental and private-sector mandates as 
defined in UMRA because it would impose new planning 
requirements on both public and private airports. The bill also 
would impose private-sector mandates on U.S. air carriers and 
motor vehicle operators that transport certain materials. Based 
on information from industry sources, CBO estimates that the 
aggregate cost of complying with the mandates would fall below 
the annual thresholds established in UMRA ($69 million for 
intergovernmental mandates and $139 million for private-sector 
mandates in 2009, adjusted annually for inflation).

Mandates that apply to both public and private entities

    Sections 208 and 221 would require airports to update their 
security plans. Specifically, section 208 would require airport 
security plans to include procedures to notify federal 
officials whenever law enforcement personnel are responding to 
a security matter involving an aircraft. Section 221 would 
require airports to incorporate certain TSA recommendations on 
the security of airport perimeters into their security plans. 
Those mandates would affect both public and private airports. 
Information from industry sources indicate that airports 
generally have perimeter security plans in place, and 
additional requirements would most likely be incremental in 
nature. Therefore, CBO estimates that the costs to airports in 
both sectors would be small.

Mandates that apply to public entities only

    Section 432 would preempt state and local laws governing 
background checks on individuals seeking to transport hazardous 
materials. That preemption would be an intergovernmental 
mandate as defined in UMRA. While the preemption would limit 
the application of state and local laws, CBO estimates that it 
would not impose significant costs on state or local 
governments.

Mandates that apply to private entities only

    Requirements on Air Carriers. Section 211 would require all 
cabin crew members of U.S. air carriers to take five hours of 
training in advanced self-defense methods biannually. TSA would 
establish the goals and standards for the training. According 
to industry sources, most U.S. air carriers currently require 
their cabin crews to attend self-defense and security training 
on a recurring basis. According to information from industry 
experts, only minor changes in current practice would be needed 
to comply with the new training requirements. Therefore, CBO 
expects that the costs to comply with the mandate would be 
small relative to the annual threshold established in UMRA.
    Requirements on Certain Motor Vehicle Operators. Section 
432 would require motor vehicle operators licensed in the 
United States, Mexico, or Canada that transport security 
sensitive materials (SSMAT) in the United States to obtain a 
transportation worker identification credential (TWIC) from 
TSA. Obtaining such a card would entail submitting to a 
security background check, which costs less than $150. Under 
current law, most operators who transport hazardous materials 
(including explosives) must have a hazardous materials 
endorsement (HME). Operators that have an HME would not have to 
submit to a background check to receive a TWIC. According to 
industry sources, most motor vehicle operators who transport 
SSMAT currently have a hazardous materials endorsement. Because 
the number of entities likely to be affected is small, CBO 
expects that the cost of complying with the requirements in 
this section would be low.
    Estimate prepared by: Federal Costs: Megan Carroll--
aviation security, Sarah Puro--surface transportation security; 
Impact on State, Local, and Tribal Governments: Ryan Miller; 
Impact on the Private Sector: Jacob Kuipers.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 2200 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized: To authorize 
appropriations for personnel, administration, and activities of 
the Transportation Security Administration (TSA) of the 
Department of Homeland Security; implement policies, plans, and 
benchmarks to maximize effective use of transportation security 
resources; establish offices and develop performance measures 
to streamline and enhance execution of TSA's transportation 
security mission; and provide for objective qualitative 
analysis of and recommendations for improving the 
transportation security programs and policies of TSA and the 
Department; and make changes to transportation security law.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

     In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation. Although sections 209 and 304 of H.R. 2200 
establish entities referred to as ``advisory committees,'' each 
section specifies that the entity established does not fall 
within the scope of the Federal Advisory Committee Act.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

     The Committee finds that the legislation does not relate 
to the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation



                TITLE I-AUTHORIZATION OF APPROPRIATIONS

Section 101.   Authorization of appropriations.
    This provision authorizes appropriations for the 
Transportation Security Administration (TSA), in the amount of 
$7,604,561,000 for fiscal year 2010 and $8,060,835,000 for 
fiscal year 2011. The amounts provided do not include funds 
collected by TSA in fiscal years 2010 and 2011 through its 
existing fee authority.

Section 102.   Risk-based system for allocation of resources.
    This section requires a report on the status of TSA's 
implementation of recommendations prescribed in a March 2009 
report issued by the Comptroller General (GAO-09-492), 
including assessments of several key areas and a summary that 
ranks risks within and across transportation modes, as well as 
a description of risk-based priorities for securing the 
transportation sector, both within and across modes. This 
section also requires the report to include a description of 
the risk methodologies used and any relevant underlying 
assumptions. In addition, this section requires the Assistant 
Secretary of Homeland Security, Transportation Security 
Administration (Assistant Secretary), to define the terms 
``risk-based'' and ``risk-informed.''
    The Committee shares the concerns expressed in the March 
2009 report with regard to TSA's failure to make strategic and 
resource decisions based upon comprehensive risk assessments or 
analysis - which includes all three elements of risk: threat, 
vulnerability, and consequences - in place of its current 
approach that base such determinations solely on intelligence. 
The Committee strongly urges TSA to incorporate comprehensive 
risk assessments and analysis in all resource allocation 
determinations, and reiterates that a comprehensive approach to 
assessing risk must include all three elements.

Section 103.   Ensuring contracting with small business 
concerns and disadvantaged business concerns.
    This section establishes reporting requirements for TSA on 
contracts valued at $300,000 or more to ensure compliance with 
existing Federal government-wide participation goals for small 
and disadvantaged businesses and requires submission of small 
business subcontracting plans by TSA to enhance utilization of 
small, minority, and disadvantaged businesses consistent with 
government-wide acquisitions policy.
    The Committee strongly supports compliance with small, 
minority, and disadvantaged business goals and encourages TSA 
to utilize alliances of small, minority, and disadvantaged 
businesses to enable competition as prime contractors.

                       TITLE II-AVIATION SECURITY

              Subtitle A-Amendments to Chapter 449

Section 201.   Screening air cargo and checked baggage.
    This section directs TSA to establish a system for 
verifying that all cargo on inbound foreign passenger aircraft 
is being screened and directs the Assistant Secretary to 
address redundant inspections conducted by multiple agencies of 
cargo on inbound passenger aircraft, to facilitate TSA's 
ability to fulfill the 100% air cargo screening mandate for 
domestic flights by 2010, as required by section 1602 of the 
Implementing Recommendations of the 9/11 Commission Act of 2007 
(P.L. 110-53). This section also eliminates ``bag-match'' as an 
alternative means of screening passenger checked baggage, but 
provides for an exception in cases of exigent circumstances, as 
determined by the Assistant Secretary.

Section 202.   Prohibition of advance notice of covert testing 
to security screeners.
    This section prohibits any Federal employee, or others 
participating in covert testing or evaluation, from providing 
advance notice or information concerning the covert testing or 
evaluation, before it is completed, to any individual except 
for employees or Federal officers selected by TSA, the 
Inspector General of the Department of Homeland Security 
(Department), or the Comptroller General for purposes of 
carrying out the test. In addition, this section establishes a 
mechanism for monitoring TSA testing personnel and secure 
covert testing and evaluation procedures to ensure that a 
second team of covert testing and evaluation employees 
accompanies the primary team to each site test to observe the 
test and confirm identity of personnel if necessary.
    This section also authorizes the Assistant Secretary to 
provide Transportation Security Officers (TSOs) with a uniform 
allowance of not less than $300 per year.
    At the request of the Committee, the Inspector General of 
the Department conducted an investigation on the events 
surrounding the TSA e-mail on ``Notice of Possible Security 
Test.'' A March 2009 report issued by the Inspector General on 
the findings of the investigation confirmed that TSA had 
compromised covert testing operations conducted by the 
Inspector General on April 28, 2006, when the Office of 
Security Operations sent a mass e-mail message, via TSA's 
``NetHub'' system, to airport personnel (OIG-09-43). The report 
also highlighted the fact that no effort was made by TSA to 
notify the Inspector General that the covert test had been 
compromised. Accordingly, the Committee, in consultation with 
TSA, intends for this provision to strengthen the integrity of 
covert testing operations and prevent any future breaches.
    The Committee recognizes that the language of this section 
authorizes the Assistant Secretary to grant a uniform allowance 
of not less than $300 to any individual who screens passengers 
and property pursuant to 49 U.S.C.  44935. The Committee notes 
that TSOs generally receive uniform allowances far below those 
received by other uniformed personnel employed by the 
Department. For example, the Committee understands that the 
Department provides Detention and Removal Officers and 
Immigration Information Officers an annual uniform allowance of 
$800. The Committee urges the Assistant Secretary to work, in 
coordination with the Secretary, to provide uniform allowances 
that are consistent with other Department personnel and 
recognizes that the provision of a uniform allowances is an 
issue often addressed through collective bargaining. The 
Committee also acknowledges the view shared by a number of 
stakeholders that one reason why a lack of parity exists among 
the allowances conferred to TSOs and other Department personnel 
is that TSOs cannot engage in collective bargaining.

Section 203.   Secure verification system for law enforcement 
officers.
    This section requires TSA to develop a plan for the 
implementation of a secure verification system with a biometric 
component for Federal law enforcement officers, including 
Federal air marshals, and non-Federal law enforcement officers 
who are traveling by air while armed. This section also 
requires TSA, prior to issuing regulations for such a system, 
to conduct a demonstration program to test the system. In 
addition, this section authorizes $10,000,000 for the 
demonstration program to implement the secure verification 
system.
    At the request of the Committee, the Inspector General of 
the Department conducted an investigation on the efficacy and 
overall program management of the Law Enforcement Officers 
Flying While Armed program. In September 2008, the Inspector 
General released a classified report on the findings of their 
investigation, highlighting several management and operational 
challenges within the program (OIG-08-90).
    While the Committee recognizes TSA's ongoing efforts to 
improve the program and provide increased accountability and 
efficiency in the system, the Committee believes that little 
progress has been made in meeting program goals for the Law 
Enforcement Officers Flying While Armed program. Accordingly, 
the Committee intends for this section to assist TSA in making 
better progress in carrying out the objectives of the program 
in a manner that fosters accountability and efficiency.

Section 204.   Ombudsman for Federal Air Marshal Service.
    This section authorizes an ombudsman for the Federal Air 
Marshal Service (FAMS) and requires the ombudsman to review and 
implement recommendations identified by the Comptroller General 
that have been integrated to improve morale, training, and 
quality of life issues.
    A January 2009 report issued by the Comptroller General 
concluded that FAMS has implemented several initiatives to 
address reported workforce morale and welfare problems at the 
agency (GAO-09-273). Based on the findings in the report, the 
Committee believes that FAMS has taken positive steps toward 
improving workforce issues, including establishing internal 
working groups.
    The Committee strongly encourages FAMS to continue 
cultivating an internal dialogue between management and air 
marshals on workforce issues and urges FAMS to redesign its 
workforce survey in accordance with the recommendations of the 
Comptroller General. As such, the Committee intends for the 
ombudsman established in this section to be the primary 
official within FAMS designated to manage workforce concerns 
and to have a direct line to the FAMS Director.

Section 205.   Federal flight deck officer program 
enhancements.
    This section requires TSA to put in place an appropriately 
sized administrative structure to administer the Federal Flight 
Deck Officer (FFDO) program at TSA. This section also creates 
additional training sites where FFDOs can satisfy training 
requirements to maintain eligibility for the program and 
mandates. In addition, this section provides for the 
reimbursement of FFDOs for costs associated with completion of 
re-qualification or re-certification training.

Section 206.   Foreign repair stations.
    This section directs TSA to issue regulations establishing 
security standards for foreign repair stations that are 
comparable to the standards that are applied to domestic repair 
stations.
    The Committee is concerned that since enactment of the 
Implementing Recommendations of the 9/11 Commission Act of 2007 
(P.L. 110-53), TSA has not issued regulations for foreign 
repair stations as required by section 1616 of such Act. The 
Committee believes that putting security standards in place on 
foreign repair stations that are consistent with domestic 
repair stations will enhance aviation security.

Section 207.   Assistant Secretary defined.
    This section defines ``Assistant Secretary'' for chapter 
449, title 49, United States Code, as the Assistant Secretary 
for Homeland Security (Transportation Security Administration).

Section 208.   TSA and homeland security information sharing.
    This section requires Airport Security Plans to include 
reporting procedures to ensure that Federal Security Directors 
(FSDs) are immediately notified whenever any Federal, State, or 
local law enforcement personnel are called to an aircraft at 
the gate or on the airfield. This section also requires each 
FSD to conduct quarterly meetings with law enforcement agencies 
serving the airport and to consult and coordinate with airport 
operators, as appropriate, on security matters impacting 
airport operations.

Section 209.   Aviation security stakeholder participation.
    The section authorizes the Aviation Security Advisory 
Committee (ASAC) to advise TSA on issues pertaining to aviation 
security and requires the ASAC to perform specific actions and 
submit reports to the Assistant Secretary. This section also 
establishes an Air Cargo Security Working Group within the ASAC 
to provide stakeholders with a mechanism to provide 
recommendations on cargo screening initiatives, including TSA's 
proposed Certified Cargo Screening Program and other programs 
developed by TSA to screen cargo on passenger aircraft an 
ongoing basis.
    The Committee has heard concerns from numerous aviation 
security stakeholders about the efficacy of TSA's discretionary 
advisory committee currently known as the ASAC with respect to 
aviation policymaking and implementation. The Committee 
recognizes that the level of activity for the ASAC has been 
limited in recent years, and finds that TSA could benefit in 
its policy development and implementation if it received and 
considered input from affected stakeholders.
    This section requires the ASAC to be composed of members 
from 27 stakeholder organizations, including passenger and all-
cargo air carriers, indirect air carriers, labor organizations 
representing air carrier employees, air craft manufacturers, 
airport operators, general aviation, and the aviation 
technology security industry, including a representative from 
the biometrics industry. In addition, the Committee believes 
that the ASAC should include representatives from the travel 
and tourism sector and from foreign carriers with flights to 
the United States, as these stakeholder groups are impacted by 
the wide array of TSA aviation security policies and programs.
    The Committee understands that the nature of the Air Cargo 
Security Working Group is such that it may be composed of 
stakeholders who are not members of the ASAC and has given the 
Assistant Secretary the discretion to appoint such members.

Section 210.   General aviation security.
    This section establishes a General Aviation Working Group 
within the ASAC to provide stakeholders with a mechanism for 
advising TSA on security policies regarding general aviation. 
This section also authorizes $10,000,000 for a grant program to 
assist in improving security, including infrastructure 
security, at general aviation airports. Accordingly, this 
section directs the General Aviation Working Group to make 
recommendations for eligible security enhancement projects for 
general aviation airports.
    In addition to advising TSA on general aviation and 
helicopter operations at airports, the Committee intends for 
the General Aviation Security Working Group to consider 
security issues pertaining to aviation security at heliports. 
The Committee understands that the nature of the General 
Aviation Security Working Group is such that it may benefit 
from the inclusion of stakeholders who are not members of the 
ASAC and has given the Assistant Secretary the discretion to 
appoint such members.

Section 211.   Security and self-defense training.
    This section requires all flight attendants to complete 
five hours of TSA-administered self-defense training mandatory 
within a two-year period. The provision allows flight 
attendants to opt out of engaging in physical contact during 
the training. The section also directs TSA to establish an 
oversight program for the basic security training administered 
by each air carrier.
    The Committee finds that the Advanced Self Defense Crew 
Training authorized in the Vision 100 - Century of Aviation 
Reauthorization Act (P.L. 108-176) has suffered from very low 
participation, and recognizes that enhancing such training may 
provide an extra layer of security in the cabin during a 
flight. The Homeland Security Act of 2002 (P.L. 107-296) 
required TSA to update its training guidance and issue a rule 
mandating the inclusion of self-defense training elements into 
the recurrent training program provided by air carriers. The 
Vision 100 - Century of Aviation Reauthorization Act (P.L. 108-
176) made the program voluntary. Participation has been 
extremely low, in large part because the training is primarily 
offered at selected community colleges rather than at air 
carrier recurrent training locations.
    The Committee intends for this section to make this 
important self-defense training mandatory to enhance a critical 
layer of aviation security. The Committee notes that flight 
attendants can choose not to engage in actual physical contact 
during training, but must attend the training once every two 
years in order to understand the situational awareness 
necessary when working in coordination with other crew members 
who have attended the training. The Committee believes that the 
Advanced Self Defense Crew Training should be made available at 
recurrent air carrier training locations. This change in the 
instructional delivery process will require consultation 
between TSA, which administers the programs, and the air 
carriers and organizations representing the interests of flight 
attendants.
    Further, the Committee has heard concerns about the quality 
of the basic security training administered by air carriers at 
recurrent training locations. The Committee believes that 
greater oversight by TSA will help improve the quality of the 
programs and strongly urges TSA to work with air carriers to 
help ensure that quality, standardized basic security training 
is provided to all flight attendants.

Section 212.   Security screening of individuals with metal 
implants traveling in air transportation.
    This section requires TSA to develop a plan for improving 
security screening procedures for individuals with metal 
implants, including benchmarks for implementing any changes to 
the screening process and an analysis of methods to limit 
disruptions for individuals with metal implants undergoing 
security screening at checkpoints, including by migration to 
the Registered Traveler biometric program and the establishment 
of a new biometric credential or system tailored to individuals 
with metal implants.
    The Committee does not intend for the term ``metal 
implants'' as used in this section to include cosmetic 
piercings that are not medically necessary.

Section 213.   Prohibition on outsourcing.
    This section prohibits any non-governmental entity from 
executing the function of comparing passenger information to 
the automatic selectee list, no-fly list, consolidated 
watchlists, or any list or database derived from such 
watchlists for aviation security activities upon full 
implementation of the advanced passenger prescreening program 
authorized under 49 U.S.C.  44903. This section also requires 
the Assistant Secretary to submit a report to Congress when any 
non-governmental entity is authorized to access the watchlists 
described in this section.
    The Committee acknowledges that TSA is currently in the 
process of implementing the Secure Flight program, full 
implementation of which shall consolidate the function of 
comparing passenger information against the terrorist watchlist 
exclusively within TSA in order to improve aviation security. 
The Committee expects TSA to fully implement the Secure Flight 
program by early 2010.

                    Subtitle B-Other Matters

Section 221.   Security risk assessment of airport perimeter 
access controls.
    This section requires TSA to develop a strategic, risk-
based plan that identifies best practices for airport perimeter 
access controls at commercial service and general aviation 
airports. This section requires the plan to include an 
assessment of the role of new and emerging technologies in 
potential security measures to be implemented at commercial and 
general aviation airports.
    The Committee encourages all general aviation airports to 
develop a security plan that incorporates guidance on perimeter 
access controls as advised by TSA. The Committee also 
recognizes the need for TSA to assess new and emerging 
technologies, including unmanned perimeter security 
technologies such as cameras and robotics, to help address 
security gaps at both commercial and general aviation airports.

Section 222.   Advanced passenger prescreening system.
    This section requires the Comptroller General to submit 
progress reports to Congress on a quarterly basis regarding the 
status of implementation of the Secure Flight program. This 
section also requires the Comptroller General to include an 
analysis that compares the total number of misidentified 
passengers forced to undergo secondary screening or prevented 
from boarding a plane before and after the full implementation 
of Secure Flight.
    The Committee recognizes that individuals who are 
misidentified as matches to names on the terrorist watchlist 
must bear significant inconveniences when subjected to 
secondary screening, sometimes even missing their flights due 
to screening delays or because they were not permitted to board 
the plane on account of the misidentification.

Section 223.   Biometric identifier airport access enhancement 
demonstration program.
    This section authorizes $20,000,000 for a demonstration 
program to study biometric-based access systems for individuals 
with access to secure or sterile areas of an airport, including 
airport employees and flight crews, for potential application 
at commercial service airports. This section also requires that 
the seven participating airports represent a diverse group of 
airports that vary in size, geographic region, and 
infrastructure capabilities. This section directs TSA to 
identify best practices for the administration of biometric 
identifier access at airports and requires TSA to submit a 
report to Congress at the conclusion of the demonstration 
program.
    The Committee recognizes that this section requires at 
least two large - Category X - airports to be selected as 
participants in the demonstration program, the Committee 
strongly urges TSA to include smaller, regional airports in the 
demonstration program as well.

Section 224.   Transportation security training programs.
    This section requires TSA to establish a recurring training 
program for Transportation Security Officers (TSOs) in response 
to weaknesses identified through covert testing. This section 
requires the training program to include updates to screening 
procedures and new technologies, including mechanisms for 
monitoring TSO participation in retraining exercises and 
identifying technological infrastructure that ought to be 
available for such training, including high-speed internet and 
intranet connectivity at training facilities.
    The Committee is concerned about deficiencies in TSA's 
training programs, specifically programs designed for remedial 
training, as identified in a report issued by the Comptroller 
General on screener training and performance measurement at TSA 
(GAO-05-457). The Committee strongly urges TSA to implement 
procedures and performance measures to improve TSO training in 
accordance with the recommendations and findings of the 
Comptroller General.

Section 225.   Deployment of technology approved by science and 
technology directorate.
    This section requires a strategic plan for certifying and 
integrating technologies for transportation security, including 
a cost-benefit analysis and quantifiable performance measures. 
This section also requires the Secretary to ensure, to the 
extent feasible, that operational tests and evaluations have 
been successfully completed in an operational environment 
before deploying checkpoint screening technologies to airport 
checkpoints. This section also establishes annual reporting 
requirements to address the scope, methods, and results of 
developmental and operational tests of screening technologies.
    The Committee recognizes that the Secretary must develop, 
consistent with the transportation modal security plans 
required under 49 U.S.C.  114(t), risk-based priorities based 
on risk assessments conducted or received by the Secretary 
across all transportation modes that consider all three 
elements of risk - threat, vulnerability, and consequence. The 
Committee intends for this section to aid in development of 
such priorities by requiring a strategic plan that includes the 
risk assessments that identify and prioritize the greatest 
security needs of the aviation mode, including the needs of 
airport passenger checkpoints, and a report to Congress on the 
actions taken by the Assistant Secretary to use a 
comprehensive, risk-informed approach to the research, 
development, procurement, and deployment of airport passenger 
checkpoint screening technologies, and to increase the 
likelihood of successful procurements and deployments of such 
technologies.

Section 226.   In-line baggage screening study.
    This section directs TSA, in consultation with the ASAC 
established in section 209, to conduct a study on deploying 
optimal baggage screening solutions and replacing baggage 
screening equipment that are nearing the end of their life 
cycles at commercial service airports. This section also 
requires TSA to submit a report to Congress on the results of 
the study.
    In February 2006, TSA released its strategic planning 
framework for checked baggage screening aimed at increasing 
security through deploying more explosives detection system 
(EDS) machines, lowering program life-cycle costs, minimizing 
impacts to TSA and airport and airline operations, and 
providing a flexible security infrastructure. As part of this 
effort, TSA identified the optional checked baggage screening 
solutions for the 250 airports with the highest checked baggage 
volume. TSA estimated that installing and operating the optimal 
checked baggage screening systems will cost approximately 
$22,400,000,000 over 20 years, and reported that, under current 
investment levels, these solutions would not be realized until 
2024. Accordingly, the Committee intends, through this section, 
for TSA, in consultation with the ASAC, to establish a baggage 
screening working group to advise the Assistant Secretary on 
this matter.
    The Committee is concerned about the level of progress made 
in deploying optimal screening solutions, including in-line 
systems, and replacing aging baggage screening equipment. As 
part of its efforts to conduct continuing oversight of this 
issue, the Committee is interested in learning about TSA's 
plans, estimated costs and current milestones for replacing EDS 
and electronic trace detection (ETD) machines nearing the end 
of their useful product lives. The Committee also strongly 
urges TSA to report on its updated plans to deploy optimal 
baggage screening solutions at the Nation's airports, as well 
as what benefits have been realized from screening systems that 
have already been deployed. Further, the Committee urges TSA to 
update previous findings on alternate financing options for 
airports for installing in-line baggage screening system, as 
any improved financing options may enable airports to increase 
deployment of optimal baggage screening systems.

Section 227.   In-line checked baggage screening systems.
    This section requires the Comptroller General to submit 
semi-annual reports to Congress on TSA's expenditures on in-
line systems checked baggage screening systems, as well as the 
progress made by TSA in the nationwide deployment of such 
screening systems.

Section 228.   GAO report on certain contracts and use of 
funds.
    This section requires the Comptroller General to submit an 
initial report, and additional reports every 6 months 
thereafter, to Congress on any funds made available by the 
Economic Stimulus Act of 2008 (P.L. 110-185) and the 
Consolidated Security, Disaster Assistance, and Continuing 
Appropriation Act of 2009 (P.L. 110-329), that have been used 
by TSA to award contracts on explosive detection screening 
systems or to implement any screening or detection technology 
for use at an airport.

Section 229.   IG report on certain policies for Federal air 
marshals.
    This section requires the Inspector General of the 
Department to review the minimum standards and policies 
regarding the rest periods between deployments and any other 
standards or policies applicable to Federal air marshals 
reporting to duty, upon completion of which the Inspector 
General shall make recommendations on the standards and 
policies the Inspector General considers necessary to ensure a 
professional, alert, and responsible work force.
    The Committee is troubled by reports that Federal air 
marshals have limited opportunity for sleep between 
transcontinental flights. The Committee intends for the 
Inspector General to review this and other personnel policies 
and to make appropriate recommendations for strengthening such 
policies in order to enhance the capabilities of Federal air 
marshals.

Section 230.   Explosives detection canine teams minimum for 
aviation security.
    This section requires TSA to devote not fewer than 250 
explosives detection canine teams to aviation security 
inspection purposes through 2011.

Section 231.   Assessments and GAO Report of inbound air cargo 
screening.
    This section establishes quarterly reporting requirements 
for the Comptroller General to provide an ongoing assessment of 
TSA's implementation of the inbound air cargo screening 
verification system established in section 201 and the extent 
to which exemptions are utilized by TSA.

Section 232.   Status of efforts to promote air cargo shipper 
certification.
    This section directs TSA to report to Congress on its 
progress in certifying the screening methods used by shippers 
who want to participate in the Certified Cargo Screening 
Program.

Section 233.   Full and open competition in security background 
screening service.
    This section requires TSA to publish in the Federal 
Register a notice for the background screening services for 
persons requiring a background screening in the aviation 
industry, which will make such services available for open 
competition.
    The Committee is concerned about the lack of competition 
and transparency in the provision of security background 
screening services for persons requiring security background 
screening in the aviation industry. Accordingly, the Committee 
intends for this section to require the Secretary to publish a 
notice in the Federal Register to ensure that the selection 
process for such security screening services shall be subject 
to full and open competition. Similarly, the Committee intends 
for this section to ensure that technical standards and other 
criteria shall also be published in the Federal Register 
notice.
    In fulfilling the requirements of this section, the 
Committee expects TSA to ensure that all security screening 
providers can facilitate background screening services, 
including fingerprint-based criminal history record checks and 
other required security checks. The Committee further expects 
all service providers to satisfy all applicable Federal 
requirements, including data and privacy protection standards, 
any required certifications, and continuity of operation plans 
and facilities. The Committee strongly believes, and expects 
TSA to ensure, that the transition to full and open competition 
must be completed in such a way that the transition does not 
impair or diminish the level of security provided.

Section 234.   Registered traveler.
    This section requires TSA to determine whether the 
Registered Traveler program can be integrated, with added 
security benefits, into risk-based aviation security operations 
and requires the Assistant Secretary to submit a report to 
Congress on the potential risk reduction in reinstating the 
Registered Traveler program with security treat assessments and 
background checks.
    The Aviation and Transportation Security Act (P.L. 107-71) 
authorized TSA to establish trusted passenger programs and use 
available technologies to expedite the security screening of 
passengers who participate in such programs, to free up 
resources and security screening personnel and enable TSA to 
focus on those passengers perceived to be a greater threat to 
aviation security. Based on this authorization, TSA created the 
Registered Traveler program whereby ``registered travelers'' 
who underwent a security threat assessment by TSA could access 
expedited screening at an airport checkpoint. Congress had 
intended for such trusted passenger programs to be utilized as 
a risk-management tool.
    While the Committee has been supportive of the Registered 
Traveler program, it was disappointed by a TSA determination in 
July 2008 that there was no security benefit substantively 
gained by the security threat assessment. The security threat 
assessment process, which is also a part of routine background 
checks for certain airport personnel and air cargo handlers, 
includes a check against the terrorist watch list and the 
immigration and law enforcement databases. By contrast, non-
Registered Traveler passengers only undergo a check against the 
terrorist watch list.
    The Committee believes that the Registered Traveler program 
can be an effective risk-management tool and should be 
permitted to realize its full potential as envisioned by 
Congress. Accordingly, this section requires a determination of 
whether the Registered Traveler program can be integrated into 
risk-based airport security operations to provide Registered 
Traveler passengers with expedited checkpoint screening such 
passengers are cleared by a security threat assessment 
conducted by TSA and a private-sector background check as part 
of the Registered Traveler enrollment process. If the Assistant 
Secretary determines that the Registered Traveler program can 
be integrated into risk-based airport security operations, the 
Committee intends for the security threat assessments to be 
reinstated as part of the Registered Traveler enrollment 
process and for Registered Traveler providers to be permitted 
to perform private-sector background checks soon thereafter.

Section 235.   Report on cabin crew communication.
    This section directs TSA to report on technologies and 
issue standards for wireless communication devices for secure 
cabin crew communication among the cabin, flight deck, and any 
embarked Federal air marshals. The Committee is concerned about 
the potential security vulnerabilities that could arise in the 
event of a failure of an airplane's in-flight air phone system 
where there is no redundant backup system in place.

Section 236.   Air cargo crew training.
    This section directs TSA to develop a plan for establishing 
security training for pilots and other appropriate crew 
operating all-cargo aircraft.

Section 237.   Reimbursement for airports that have incurred 
eligible costs.
    This section establishes a process for resolving 
reimbursement claims for airports that have incurred terminal 
modification costs associated with the installation of in-line 
explosives detection systems before TSA established the 
``letter of intent'' reimbursement program.

Section 238.   Report on whole body imaging technology.
    This section requires the Assistant Secretary to submit a 
report to Congress upon completion of the ongoing pilot for 
testing whole body imaging technology and to include in the 
report a description of how privacy protections were integrated 
into the execution of the pilot.
    The Committee acknowledges TSA's ongoing efforts to 
successfully integrate new technology at checkpoints after it 
has undergone thorough operational testing and evaluation. As 
part of a pilot program, TSA is currently using whole body 
imagers that use millimeter wave technology to screen 
passengers at select airports, specifically 19 airports across 
the United States.
    The Committee also recognizes the concerns raised by 
privacy groups with regard to the precise imaging of the 
technology, and that TSA has put privacy algorithms in place 
that shield certain areas of a body from being seen. 
Additionally, TSA has reported that the images transmitted by 
this technology are not being stored and are eliminated seconds 
after a passenger is processed. Further, although the 
technology appears promising and TSA has plans to expand the 
nationwide deployment, concerns have been raised about the 
effectiveness of the machines in performing primary passenger 
screening at checkpoints. Because of these concerns, the 
Committee intends for TSA report on performance issues and 
steps taken to address passenger privacy concerns upon 
completion of the pilot.

Section 239.   Protective Equipment.
    This section directs the Secretary to develop protocols for 
the use of personal protective equipment during infectious 
disease outbreaks, including masks, respirators, gloves, and 
other equipment, for TSA employees and others.
    The Committee recognizes that during the H1N1 outbreak, 
there were gaps in the Federal response, including the response 
from the Department. The Committee believes it is imperative 
that we learn the lessons from the Federal response and put 
protocols and protections in place in the event of similar-or 
worse-outbreaks. Further, the Committee believes that TSA 
personnel, as well as other front-line personnel at the 
Department, deserve clear guidance on the steps they can or 
must take to protect themselves and others. The Committee 
believes that clear communication and effective protocols on 
the use of protective personal equipment can assist in these 
efforts and should be established by the Secretary.

               TITLE III-SURFACE TRANSPORTATION SECURITY

Section 301.   Assistant Secretary defined.
    This section defines ``Assistant Secretary'' in Title XIII 
of the Implementing Recommendations of the 9/11 Commission Act 
of 2007 (P.L. 110-53) as the Assistant Secretary for Homeland 
Security (Transportation Security Administration).

Section 302.   Surface transportation security inspection 
program.
    This section establishes the Surface Transportation 
Security Inspection Office to oversee surface transportation 
security inspectors, streamline their mission, and clarify 
their command structure. This provision also authorizes hiring 
of additional surface inspectors, outlines minimum requirements 
for field offices, and requires development of a plan for 
expanding the role of surface inspectors in TSA's surface 
transportation security mission, including oversight of 
projects funded through transportation security grant programs 
administered by the Department.

Section 303.   Visible intermodal prevention and response 
teams.
    This section further defines and shapes the mission of 
TSA's Visible Intermodal Prevention and Response (VIPR) program 
and requires the development of qualitative performance 
measures to assess its operations. This section also requires a 
plan to improve communications between VIPR teams and local 
agencies, and among VIPR team components.

Section 304.   Surface transportation security stakeholder 
participation.
    This section creates a Transit Security Advisory Committee 
(TSAC) to assist TSA with issues pertaining to surface 
transportation security, including homeland security 
information sharing and security background checks, and 
requires the TSAC to provide recommendations and submit reports 
to the Assistant Secretary. This section also establishes a 
Passenger Carrier Security Working Group and a Freight Rail 
Security Working Group within the TSAC to provide relevant 
stakeholders with a formal mechanism for providing TSA with 
expert feedback on its implementation of statutory requirements 
under the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (P.L. 110-53), and for other relevant purposes.
    The Committee strongly believes that TSA could benefit 
significantly in its development and implementation of policies 
and programs that affect surface transportation modes by 
maintaining an ongoing dialogue with affected stakeholders. 
Accordingly, the Committee intends for the TSAC to be composed 
of members from 27 stakeholder 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.

Section 305.   Human capital plan for surface transportation 
security personnel.
    This section requires TSA to submit a human capital plan 
for surface transportation security personnel at TSA, including 
surface transportation security inspectors, which must be 
approved by the chief human capital officer of the Department 
prior to submission. This section also requires the Assistant 
Secretary to consult with the Surface Transportation Security 
Inspection Office, the Inspector General of the Department, and 
the Comptroller General in developing the plan.

Section 306.   Surface transportation security training.
    This section requires the Secretary to report on the status 
of the Department's implementation of sections 1408, 1517, and 
1534 of the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (P.L. 110-53), which require security training for 
rail, public transportation, and bus workers, within 90 days of 
enactment.
    The Committee is very concerned that TSA has not issued 
training for front-line employees who work in surface 
transportation systems. The Committee strongly believes that 
TSA has an important role in securing surface transportation 
systems, an important element of which is establishing a new 
layer of security in freight rail and public transportation 
modes through the provision of this critical security training.

Section 307  . Security assistance IG report.
    This section requires the Inspector General of the 
Department to report to Congress on the roles and 
responsibilities of TSA and other Department components 
involved in the administration of security grants under section 
1406 of the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (P.L. 110-53), along with recommendations for how 
TSA and other relevant components can improve their 
coordination and better leverage substantive and administrative 
expertise in executing the program.

Section 308.   International lessons learned for securing 
passenger rail and public transportation systems.
    This section requires the Comptroller General to study all 
efforts undertaken by the Department, including TSA, and other 
relevant entities to learn from foreign nations whose passenger 
rail and transit systems have been attacked by terrorists and, 
where practicable, apply lessons learned to relevant 
transportation security gaps in the United States.

Section 309.   Underwater tunnel security demonstration 
project.
    This section requires TSA to conduct a full-scale 
demonstration project to test and assess technologies for 
securing underwater tunnels during a terrorist attack involving 
improvised explosive devices, including inflatable plugs. This 
section also authorizes $8,000,000 to be appropriated for the 
Assistant Secretary to carry out the demonstration project.
    The Committee recognizes that the consequences of a 
successful attack on a mass transit system while in an 
underwater tunnel could be severe. New York, Washington, D.C., 
and San Francisco all have underwater tunnels that are utilized 
by mass transit systems. With millions of passengers on these 
systems daily, it is vital that technologies that can prevent 
or mitigate such consequences be developed. The Committee is 
pleased that the Department has developed inflatable plug 
technology but believes that real-world tests, using actual 
water pressure, are vital to further refine the technology 
before deployment.
    The Committee accepted by voice vote an amendment offered 
by Ranking Member King that added a deadline for the full-scale 
demonstration of inflatable plugs of not later than 180 days 
after enactment, as well as the authorization of $8,000,000 for 
the demonstration project under this section.

Section 310.   Passenger rail security demonstration project.
    This section requires TSA to conduct a demonstration 
project to test and assess technologies for securing passenger 
rail systems during a terrorist attack involving improvised 
explosive devices, including foreign object detection programs 
to detect devices on station platforms and mechanisms to defeat 
devices left on rail tracks.

Section 311.   Explosives detection canine teams.
    This section increases the number of TSA-certified 
explosives detection canine teams devoted to passenger rail and 
public transportation security activities to 200 by the end of 
fiscal year 2011; increases the assistance provided to 
passenger rail and public transportation agencies for 
participation in TSA's canine program to $75,000 per canine 
team; and expands the use of canine teams trained to detect 
vapor wave trails. This section also authorizes to be 
appropriated such sums as may be necessary to provide the 
increased assistance to participants in the TSA canine program.
    The Committee believes that the importance of explosives 
detection canine teams to the mission of securing both surface 
transportation and aviation environments cannot be 
overemphasized. Accordingly, the Committee has set a minimum 
threshold for the number of canine teams to be deployed by TSA 
in surface transportation environments not fewer than 200 teams 
by the end of fiscal year 2011. In support of this increase, 
the Committee has also raised the authorization level for the 
minimum cooperative agreement reimbursement payment to State 
and local agencies to not less than $75,000 per year, for three 
years. The Committee intends for these increased resources to 
help ensure that the needs of State and local agencies to 
deploy canine teams for the purpose of securing passenger rail 
and public transportation environments are more adequately met.
    The Committee recognizes the potential for additional 
canine detection activities, as reflected by the expanded use 
of canines trained to detect vapor wake trails in rail and 
other public transportation environments called for in this 
section. The Committee believes that these specially trained 
dogs provide a unique capability for enhancing the security of 
passenger rail and public transportation systems and that their 
abilities should be maximized for this purpose.

             TITLE IV-TRANSPORTATION SECURITY CREDENTIALING

               Subtitle A-Security Credentialing

Section 401.   Report and recommendation for uniform security 
background checks.
    This section requires the Comptroller General to review 
background checks and forms of identification required under 
State and local transportation security programs and determine 
whether such programs duplicate or conflict with Federal 
programs. This section also requires the Comptroller General to 
submit recommendations for streamlining and eliminating any 
duplications or conflicts.

Section 402.   Animal-propelled vessels.
    This limited section prohibits the Secretary from requiring 
an individual to hold a Transportation Worker Identification 
Credential (TWIC) if the individual has been issued a license, 
certificate of registry, or merchant mariner's document under 
title 46, United States Code; the individual is not allowed 
unescorted access to secure or sterile areas of a vessel or 
related facility; and the individual is engaged in the 
operation of a live animal-propelled vessel.
    Recently the Committee learned of two vessels operating in 
Pennsylvania that are drawn along a confined canal by animals 
and, because they carry more than six persons for hire, the 
individuals operating them are required to obtain licenses to 
do so. The requirements of 46 U.S.C.  70105 dictate that any 
individual who is issued a ``license, certificate of registry, 
or merchant mariners document'' must be issued a TWIC card, 
with no provision for exceptions. The Committee intends for 
this section to provide relief for this very limited and 
specific category of individuals, provided the individual and 
the vessel operated do not enter or contain onboard ``secure 
areas,'' as designated under 46 U.S.C.  70103. The Committee 
acknowledges the determination made by the Department that 
information currently received through the regular licensing 
process for such individuals is sufficient for the purposes of 
identification and credentialing, and that this limited 
exemption is ``risk-neutral.''
    This exception does not exempt individuals from the TWIC 
requirement if the individual is also employed in such a manner 
as to require unescorted access to secure areas of vessels or 
facilities designated under 46 U.S.C.  70103.

Section 403.   Requirements for issuance of transportation 
security cards; Access pending issuance.
    This section requires the Secretary to coordinate with 
owners and operators to allow individuals with pending TWIC 
applications to work in secure areas if the individuals are 
escorted by others already in possession of a TWIC card. This 
section establishes deadlines for the processing of TWIC 
applications by the Department, including Initial Determination 
of Threat Assessment letters, and appeal and waiver requests. 
In addition, this section directs the Secretary to develop a 
process wherein TWIC cards can be mailed to applicants as an 
alternative to requiring a second trip to the same TWIC 
enrollment center. This section also requires the Secretary to 
establish procedures to enable TWIC applicants to be 
fingerprinted at any Department facility.
    The Committee recognizes that the implementation of the 
TWIC program, which was originally established by the Maritime 
Transportation Security Act of 2002 (P.L. 107-295), has faced 
some operational challenges, including a 4- to 5-month 
processing time for more than 15,000 applicants. The Committee 
acknowledges that in recent months TSA has made progress in 
addressing processing delays. However, the Committee is 
concerned that because some applicants are unable to work while 
they wait for their TWIC cards, they are now facing serious 
economic consequences, including having property repossessed 
and even foreclosure.
    Accordingly, the Committee intends for this section to help 
ease the burden on affected workers by authorizing the 
Secretary to coordinate with owners and operators of facilities 
and vessels to escort individuals who have applied for or have 
lost their cards, thereby enabling them to work. The Committee 
does not intend for the Department to require owners and 
operators to escort individuals who present a specific 
terrorism security threat.
    Similarly, the Committee believes that applicants who 
submitted TWIC applications in a timely manner should not be 
prevented from working in secure areas of vessels or ports 
because of excessive processing delays. The Committee believes 
that TSA should be able to activate TWIC cards without 
subjecting approved applicants to the time-consuming process of 
returning to their original enrollment center. It is the 
Committee's view that if the Federal government can mail a 
passport to an applicant, then TSA should be able to mail a 
TWIC card to an applicant, at no extra cost. The Committee 
intends for this section to help improve timely facilitation 
the TWIC process by providing for a mailing process and setting 
deadlines for the Department to speed up its current processing 
time.

Section 404.   Harmonizing security card expirations.
    This section authorizes the Secretary to extend the 
expiration of a biometric TWIC card to align such expiration 
with the expiration of a merchant mariner document required 
under chapter 71 or chapter 73, United States Code.
    The Committee intends for this section to maximize 
efficiency and minimize the processing time required for 
maritime workers who must obtain merchant marine documents in 
addition to TWIC cards.

Section 405.   Securing aviation from extreme terrorist 
threats.
    This section requires the Assistant Secretary, in 
coordination with the Terrorist Screening Center, to include on 
the no-fly list any individual who was a detainee housed at the 
Naval Station, Guantanamo Bay, Cuba, after January 1, 2009, 
upon issuance of a final disposition by the President of the 
United States. This section defines ``detainee'' as an 
individual in the custody or under the physical control of the 
United States as a result of armed conflict.

              Subtitle B-SAFE Truckers Act of 2009

Section 431.   Short title.
    This section states that the short title of Subtitle B is 
the ``Screening Applied Fairly and Equitably (SAFE) Truckers 
Act of 2009.''
    Subtitle B was added to H.R. 2200 by an amendment offered 
by Rep. Dan Lungren and co-sponsored by Rep. Sheila Jackson 
Lee. The SAFE Truckers Act was first introduced as H.R. 5604 in 
the 109th Congress and re-introduced as H.R. 5915 in the 110th 
Congress.

Section 432.   Surface transportation security.
    This section amends the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) by inserting a new Title XXI-Surface 
Transportation Security:

Section 2101.   Transportation of security sensitive materials.
    This section requires the Secretary to issue regulations, 
after notice and comment, defining ``security sensitive 
materials'' for the purposes of this title. This section also 
prohibits an individual from transporting security sensitive 
materials unless the individual possesses a transportation 
security card under 46 U.S.C.  70105, which is currently known 
as the TWIC program. In addition, this section prohibits a 
person (as ``person'' is defined in 1 U.S.C.  1, to include 
corporations) from offering or causing security sensitive 
materials to be transported in commerce unless the person 
transporting the security sensitive materials possesses a TWIC.
    The Committee recognizes that security sensitive materials 
are materials that, in certain quantities, may pose a threat of 
being used in a terrorist attack if misappropriated or misused. 
The Committee intends that the transportation security card 
requirement under 46 U.S.C.  70105 shall be met if an 
individual possesses a TWIC as they are currently being 
distributed on the date of this committee report. The Committee 
does not intend for TSA to require a different type of 
credential or any physical designation indicating that the TWIC 
will be used to transport security sensitive materials. The 
intent of this section is that an individual possessing a TWIC 
will be deemed to have cleared the security requirements to 
haul security sensitive materials; any safety requirements to 
haul hazardous materials are separate and unaffected by this 
title.
    The Committee intends for this section to require shippers 
to ensure that drivers have a TWIC before they haul security 
sensitive materials. The Committee does not intend to require 
that card readers be installed at all shipping facilities, 
rather, the Committee recognizes that a visual inspection of 
the card will provide the same level of security as provided 
under the current HME licensing process.

Section 2102.   Enrollment locations.
    This section requires the Secretary to ensure that 
fingerprinting locations for TWIC applicants have flexible 
operating hours and to permit applicants to use locations 
outside their States of residence. This section also requires 
the Secretary to develop guidelines and procedures to permit an 
individual to receive a TWIC card at the individual's place of 
residence.
    The Committee recognizes that flexible hours, numerous 
locations, and the utilization of the mail system in the TWIC 
application process are especially important to truck drivers, 
given that they may often be engaged in cross-country hauls. 
The Committee believes that these drivers should be permitted 
to apply for a TWIC at locations that are most convenient for 
them, free of any rule requiring them to return to the same 
location to collect their TWIC cards.

Section 2103.   Authority to ensure compliance.
    This section authorizes the Secretary to ensure compliance 
with Title XXI and permits the Secretary to enter into a 
memorandum of understanding with the Secretary of 
Transportation as necessary to ensure such compliance.
    Similar to the Committee's intentions in section 2101, in 
this section the Committee does not intend for the Secretary to 
require that card readers be used by shippers. The Committee 
recognizes that current hazardous materials endorsements (HMEs) 
are checked by visual inspection and that the same level of 
security would be provided through a visual check of a TWIC 
card.

Section 2104.   Civil penalties.
    This section provides that a person who violates this 
title, or a regulation or order under this title, shall be 
liable to the United States Government pursuant to 49 U.S.C.  
114(v).
    The Committee intends for the penalties applied to 
individuals to be proportionate to the violation committed and 
encourages the Department to review current HME penalties for 
guidance in applying penalties enforced under this title. The 
Committee recognizes, for example, that a driver hauling 
hazardous materials without a valid HME is usually fined an 
amount not more than $250 for the first violation.

Section 2105.   Commercial motor vehicle operators registered 
to operate in Mexico or Canada.
    This section prohibits operators licensed in Mexico or 
Canada from transporting security sensitive materials in the 
United States unless they have successfully completed a 
security background check similar to the security background 
check required for a TWIC. This section specifies that any 
``similar'' background check must have been conducted by a 
Federal agency of the United States and that the Secretary 
shall determine which security background checks qualify as 
``similar.''

Section 2106.   Other security background checks.
    This section recognizes that some TWIC applicants may have 
already undergone an equivalent security background check as 
part of another program, either conducted by the Department or 
another Federal agency, and requires the Secretary to accept 
other sufficiently rigorous background checks and reduce the 
TWIC fee for the applicant accordingly.
    The Committee believes that all of the Department's 
credentialing and background check programs should incorporate 
reciprocity with other similar checks to the extent practicable 
to further reduce the financial burden on applicants and the 
adjudicatory burden on the Department.

Section 2107.   Redundant background checks.
    This section prohibits any State or political subdivision 
thereof from requiring a separate security background check of 
individuals seeking to transport hazardous materials. This 
section permits the Secretary to waive the prohibition if the 
State or political subdivision demonstrates a compelling 
homeland security reason that a separate check is necessary to 
ensure the secure transportation of hazardous materials in that 
State or political subdivision.

Section 2108.   Transition.
    This section recognizes that, until this title takes 
effect, individuals will continue to be required to undergo a 
full security background check as part of the HME licensing 
process. This section declares that such individuals shall be 
considered to have satisfied the security background check 
requirement for the TWIC card. This section also requires the 
Secretary to reduce the fees associated with obtaining a TWIC 
for individuals who have satisfied the security background 
check in such a manner.
    The Committee recognizes that many HME holders will have 
paid at least $94, and sometimes as much as $130, for an HME 
security threat assessment. In the transition to the TWIC 
requirement, the Committee expects the Department to reduce the 
fees associated with the change in procedure to the greatest 
extent practicable; ideally, to an amount not more than the 
actual cost of the production of the TWIC card.

Section 2109.   Savings clause.
    This section clarifies that nothing in Title XXI of the 
Homeland Security Act of 2002 (P.L. 107-296), as amended, shall 
affect the Secretary of Transportation's authority to regulate 
hazardous materials under chapter 51, title 49, United States 
Code.

Section 2110.   Definitions.
    This section defines ``commerce,'' ``hazardous material,'' 
``person,'' ``security sensitive material,'' ``transports,'' 
and ``transportation.''

Section 433.   Conforming amendment.
    This section amends the table of contents contained in 
section 1(b) of the Homeland Security Act of 2002 (P.L. 107-
296) to reflect the addition of Title XXI-Surface 
Transportation Security.

Section 434.   Limitation on issuance of hazmat licenses.
    This section repeals 49 U.S.C.  5103a, which currently 
requires all applicants for an HME to undergo a security threat 
assessment.
    The Committee recognizes that hazardous materials are a 
broad category of substances regulated for safety and 
environmental purposes, including paint, soda syrup, and 
hairspray, as well as other more toxic substances. In light of 
section 432, which requires all drivers who transport security 
sensitive materials to undergo a security background check, the 
Committee believes that section 5103a is no longer necessary.

Section 435.   Deadlines and effective dates.
    This section establishes deadlines and effective dates for 
the issuance of TWIC cards to motor vehicle operators who 
transport security sensitive materials and other requirements 
under section 432.
    The Committee intends for the Secretary to begin issuing 
TWIC cards to truck drivers seeking to haul security sensitive 
materials no later than May 31, 2010. While nothing in this 
title prohibits the Secretary from issuing TWIC cards earlier, 
the Committee recognizes that May 31, 2010, marks the five-year 
anniversary of the HME threat assessment program and many truck 
drivers will be required to renew their HME beginning on that 
date. The Committee expects the Secretary to make every 
possible effort to begin the transition to the TWIC card by 
that date to reduce the overlap and duplicity as much as 
possible.

Section 436.   Task force on disqualifying crimes.
    This section establishes a task force that includes 
representatives of appropriate industries, labor organizations, 
Federal agencies, and other appropriate entities to review the 
list of crimes that disqualify individuals from transportation-
related employment and assess whether the disqualifying crimes 
are accurate indicators of a terrorism security risk.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *


Sec. 114. Transportation Security Administration

  (a) * * *

           *       *       *       *       *       *       *

  (f) Additional Duties and Powers.--In addition to carrying 
out the functions specified in subsections (d) and (e), the 
Under Secretary shall--
          (1) * * *

           *       *       *       *       *       *       *

          (6) on a day-to-day basis, manage and provide 
        operational guidance to the field security resources of 
        the Administration, including Federal Security 
        [Managers] Directors as provided by section 44933;

           *       *       *       *       *       *       *


SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

           *       *       *       *       *       *       *


            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

Sec.
5101. Purpose.
     * * * * * * *
[5103a. Limitation on issuance of hazmat licenses.]

           *       *       *       *       *       *       *


[Sec. 5103a. Limitation on issuance of hazmat licenses

  [(a) Limitation.--
          [(1) Issuance of licenses.--A State may not issue to 
        any individual a license to operate a motor vehicle 
        transporting in commerce a hazardous material unless 
        the Secretary of Homeland Security has first 
        determined, upon receipt of a notification under 
        subsection (d)(1)(B), that the individual does not pose 
        a security risk warranting denial of the license.
          [(2) Renewals included.--For the purposes of this 
        section, the term ``issue'', with respect to a license, 
        includes renewal of the license.
  [(b) Hazardous Materials Described.--The limitation in 
subsection (a) shall apply with respect to any material defined 
as hazardous material by the Secretary of Transportation for 
which the Secretary of Transportation requires placarding of a 
commercial motor vehicle transporting that material in 
commerce.
  [(c) Recommendations on Chemical and Biological Materials.--
The Secretary of Health and Human Services shall recommend to 
the Secretary of Transportation any chemical or biological 
material or agent for regulation as a hazardous material under 
section 5103(a) if the Secretary of Health and Human Services 
determines that such material or agent poses a significant risk 
to the health of individuals.
  [(d) Background Records Check.--
          [(1) In general.--Upon the request of a State 
        regarding issuance of a license described in subsection 
        (a)(1) to an individual, the Attorney General--
                  [(A) shall carry out a background records 
                check regarding the individual; and
                  [(B) upon completing the background records 
                check, shall notify the Secretary of Homeland 
                Security of the completion and results of the 
                background records check.
          [(2) Scope.--A background records check regarding an 
        individual under this subsection shall consist of the 
        following:
                  [(A) A check of the relevant criminal history 
                data bases.
                  [(B) In the case of an alien, a check of the 
                relevant data bases to determine the status of 
                the alien under the immigration laws of the 
                United States.
                  [(C) As appropriate, a check of the relevant 
                international data bases through Interpol-U.S. 
                National Central Bureau or other appropriate 
                means.
  [(e) Reporting Requirement.--Each State shall submit to the 
Secretary of Homeland Security, at such time and in such manner 
as the Secretary of Homeland Security may prescribe, the name, 
address, and such other information as the Secretary of 
Homeland Security may require, concerning--
          [(1) each alien to whom the State issues a license 
        described in subsection (a); and
          [(2) each other individual to whom such a license is 
        issued, as the Secretary of Homeland Security may 
        require.
  [(f) Alien Defined.--In this section, the term ``alien'' has 
the meaning given the term in section 101(a)(3) of the 
Immigration and Nationality Act.
  [(g) Background Checks for Drivers Hauling Hazardous 
Materials.--
          [(1) In general.--
                  [(A) Employer notification.--Not later than 
                90 days after the date of enactment of this 
                subsection, the Director of the Transportation 
                Security Administration, after receiving 
                comments from interested parties, shall develop 
                and implement a process for notifying hazmat 
                employers designated by an applicant of the 
                results of the applicant's background record 
                check, if--
                          [(i) such notification is appropriate 
                        considering the potential security 
                        implications; and
                          [(ii) the Director, in a final 
                        notification of threat assessment, 
                        served on the applicant determines that 
                        the applicant does not meet the 
                        standards set forth in regulations 
                        issued to carry out this section.
                  [(B) Relationship to other background records 
                checks.--
                          [(i) Elimination of redundant 
                        checks.--An individual with respect to 
                        whom the Transportation Security 
                        Administration--
                                  [(I) has performed a security 
                                threat assessment under this 
                                section; and
                                  [(II) has issued a final 
                                notification of no security 
                                threat,
                        is deemed to have met the requirements 
                        of any other background check that is 
                        required for purposes of any Federal 
                        law applicable to transportation 
                        workers if that background check is 
                        equivalent to, or less stringent than, 
                        the background check required under 
                        this section.
                          [(ii) Determination by director.--Not 
                        later than 60 days after the date of 
                        issuance of the report under paragraph 
                        (5), but no later than 120 days after 
                        the date of enactment of this 
                        subsection, the Director shall initiate 
                        a rulemaking proceeding, including 
                        notice and opportunity for comment, to 
                        determine which background checks 
                        required for purposes of Federal laws 
                        applicable to transportation workers 
                        are equivalent to, or less stringent 
                        than, those required under this 
                        section.
                          [(iii) Future rulemakings.--The 
                        Director shall make a determination 
                        under the criteria established under 
                        clause (ii) with respect to any 
                        rulemaking proceeding to establish or 
                        modify required background checks for 
                        transportation workers initiated after 
                        the date of enactment of this 
                        subsection.
          [(2) Appeals process for more stringent state 
        procedures.--If a State establishes its own standards 
        for applicants for a hazardous materials endorsement to 
        a commercial driver's license, the State shall also 
        provide--
                  [(A) an appeals process similar to and to the 
                same extent as the process provided under part 
                1572 of title 49, Code of Federal Regulations, 
                by which an applicant denied a hazardous 
                materials endorsement to a commercial driver's 
                license by that State may appeal that denial; 
                and
                  [(B) a waiver process similar to and to the 
                same extent as the process provided under part 
                1572 of title 49, Code of Federal Regulations, 
                by which an applicant denied a hazardous 
                materials endorsement to a commercial driver's 
                license by that State may apply for a waiver.
          [(3) Clarification of term defined in regulations.--
        The term ``transportation security incident'', as 
        defined in part 1572 of title 49, Code of Federal 
        Regulations, does not include a work stoppage or other 
        nonviolent employee-related action resulting from an 
        employer-employee dispute. Not later than 30 days after 
        the date of enactment of this subsection, the Director 
        shall modify the definition of that term to reflect the 
        preceding sentence.
          [(4) Background check capacity.--Not later than 
        October 1, 2005, the Director shall transmit to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committees on Transportation and 
        Infrastructure and Homeland Security of the House of 
        Representatives a report on the implementation of 
        fingerprint-based security threat assessments and the 
        adequacy of fingerprinting locations, personnel, and 
        resources to accomplish the timely processing of 
        fingerprint-based security threat assessments for 
        individuals holding commercial driver's licenses who 
        are applying to renew hazardous materials endorsements.
          [(5) Report.--
                  [(A) In general.--Not later than 60 days 
                after the date of enactment of this subsection, 
                the Director shall transmit to the committees 
                referred to in paragraph (4) a report on the 
                Director's plans to reduce or eliminate 
                redundant background checks for holders of 
                hazardous materials endorsements performed 
                under this section.
                  [(B) Contents.--The report shall--
                          [(i) include a list of background 
                        checks and other security or threat 
                        assessment requirements applicable to 
                        transportation workers under Federal 
                        laws for which the Department of 
                        Homeland Security is responsible and 
                        the process by which the Secretary of 
                        Homeland Security will determine 
                        whether such checks or assessments are 
                        equivalent to, or less stringent than, 
                        the background check performed under 
                        this section; and
                          [(ii) provide an analysis of how the 
                        Director plans to reduce or eliminate 
                        redundant background checks in a manner 
                        that will continue to ensure the 
                        highest level of safety and security.
  [(h) Commercial Motor Vehicle Operators Registered to Operate 
in Mexico or Canada.--
          [(1) In general.--Beginning on the date that is 6 
        months after the date of enactment of this subsection, 
        a commercial motor vehicle operator registered to 
        operate in Mexico or Canada shall not operate a 
        commercial motor vehicle transporting a hazardous 
        material in commerce in the United States until the 
        operator has undergone a background records check 
        similar to the background records check required for 
        commercial motor vehicle operators licensed in the 
        United States to transport hazardous materials in 
        commerce.
          [(2) Extension.--The Director of the Transportation 
        Security Administration may extend the deadline 
        established by paragraph (1) for a period not to exceed 
        6 months if the Director determines that such an 
        extension is necessary.
          [(3) Commercial motor vehicle defined.--In this 
        subsection, the term ``commercial motor vehicle'' has 
        the meaning given that term by section 31101.]

           *       *       *       *       *       *       *


SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


SUBPART III--SAFETY

           *       *       *       *       *       *       *


                         CHAPTER 449--SECURITY

                       subchapter i--requirements

Sec.
44901. Screening passengers and property.
     * * * * * * *

               subchapter ii--administration and personnel

     * * * * * * *
44931. Assistant Secretary defined.
[44933. Federal Security Managers.]
44933. Federal Security Directors.
     * * * * * * *
44946. Aviation Security Advisory Committee.
44947. General aviation security.

                       SUBCHAPTER I--REQUIREMENTS

Sec. 44901. Screening passengers and property

  (a) * * *

           *       *       *       *       *       *       *

  (e) Mandatory Screening Where EDS Not Yet Available.--As soon 
as practicable but not later than the 60th day following the 
date of enactment of the Aviation and Transportation Security 
Act and until the requirements of subsection (b)(1)(A) are met, 
the Under Secretary shall require alternative means for 
screening any piece of checked baggage that is not screened by 
an explosive detection system. Such alternative means may 
include 1 or more of the following:
          [(1) A bag-match program that ensures that no checked 
        baggage is placed aboard an aircraft unless the 
        passenger who checked the baggage is aboard the 
        aircraft.]
          (1) A bag match program, ensuring that no checked 
        baggage is placed aboard an aircraft unless the 
        passenger who checked the baggage is aboard the 
        aircraft, is not authorized as an alternate method of 
        baggage screening where explosive detection equipment 
        is available unless there are exigent circumstances as 
        determined by the Assistant Secretary. The Assistant 
        Secretary shall report to the Committee on Homeland 
        Security of the House of Representatives within 90 days 
        of the determination that bag match must be used as an 
        alternate method of baggage screening.

           *       *       *       *       *       *       *

  (g) Air Cargo on Passenger Aircraft.--
          (1) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

          [(4)] (5) Report.--Not later than 1 year after the 
        date of establishment of the system under paragraph 
        (1), the Secretary shall submit to the Committees 
        referred to in paragraph (3)(B)(ii) a report that 
        describes the system.
          [(5)] (6) Screening defined.--In this subsection the 
        term ``screening'' means a physical examination or non-
        intrusive methods of assessing whether cargo poses a 
        threat to transportation security. Methods of screening 
        include x-ray systems, explosives detection systems, 
        explosives trace detection, explosives detection canine 
        teams certified by the Transportation Security 
        Administration, or a physical search together with 
        manifest verification. The Administrator may approve 
        additional methods to ensure that the cargo does not 
        pose a threat to transportation security and to assist 
        in meeting the requirements of this subsection. Such 
        additional cargo screening methods shall not include 
        solely performing a review of information about the 
        contents of cargo or verifying the identity of a 
        shipper of the cargo that is not performed in 
        conjunction with other security methods authorized 
        under this subsection, including whether a known 
        shipper is registered in the known shipper database. 
        Such additional cargo screening methods may include a 
        program to certify the security methods used by 
        shippers pursuant to paragraphs (1) and (2) and 
        alternative screening methods pursuant to exemptions 
        referred to in subsection (b) of section 1602 of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007.

           *       *       *       *       *       *       *


Sec. 44903. Air transportation security

  (a) * * *

           *       *       *       *       *       *       *

  (j) Short-Term Assessment and Deployment of Emerging Security 
Technologies and Procedures.--
          (1) * * *
          (2) Computer-assisted passenger prescreening 
        system.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Advanced airline passenger 
                prescreening.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (v) Outsourcing prohibited.--Upon 
                        implementation of the advanced 
                        passenger prescreening system required 
                        by this section, the Assistant 
                        Secretary shall prohibit any non-
                        governmental entity from administering 
                        the function of comparing passenger 
                        information to the automatic selectee 
                        and no fly lists, consolidated and 
                        integrated terrorist watchlists, or any 
                        list or database derived from such 
                        watchlists for activities related to 
                        aviation security. The Assistant 
                        Secretary shall report to the Committee 
                        on Homeland Security of the House of 
                        Representatives and the Committee on 
                        Commerce, Science, and Transportation 
                        of the Senate when any non-governmental 
                        entity is authorized access to the 
                        watchlists described in this clause.
                          (vi) Inclusion of detainees on no fly 
                        list.--The Assistant Secretary, in 
                        coordination with the Terrorist 
                        Screening Center, shall include on the 
                        no fly list any individual who was a 
                        detainee housed at the Naval Station, 
                        Guantanamo Bay, Cuba, on or after 
                        January 1, 2009, after a final 
                        disposition has been issued by the 
                        President. For purposes of this clause, 
                        the term ``detainee'' means an 
                        individual in the custody or under the 
                        physical control of the United States 
                        as a result of armed conflict.

           *       *       *       *       *       *       *

  (m) Security Screening of Individuals With Metal Implants.--
          (1) In general.--The Assistant Secretary shall ensure 
        fair treatment in the screening of individuals with 
        metal implants traveling in air transportation.
          (2) Plan.--The Assistant Secretary shall submit a 
        plan to the Committee on Homeland Security of the House 
        of Representatives for improving security screening 
        procedures for individuals with metal implants to limit 
        disruptions in the screening process while maintaining 
        security. The plan shall include benchmarks for 
        implementing changes to the screening process and 
        analysis of approaches to limit such disruptions for 
        individuals with metal implants including participation 
        in the Registered Traveler program, as established 
        pursuant to section 109(a)(3) of the Aviation 
        Transportation Security Act (115 Stat. 597), and the 
        development of a new credential or system that 
        incorporates biometric technology and other applicable 
        technologies to verify the identity of an individual 
        who has a metal implant.
          (3) Metal implant defined.--In this subsection, the 
        term ``metal implant'' means a metal device or object 
        that has been surgically implanted or otherwise placed 
        in the body of an individual, including any metal 
        device used in a hip or knee replacement, metal plate, 
        metal screw, metal rod inside a bone, and other metal 
        orthopedic implants.

           *       *       *       *       *       *       *


Sec. 44917. Deployment of Federal air marshals

  (a) * * *

           *       *       *       *       *       *       *

  (e) Secure Verification System for Law Enforcement 
Officers.--
          (1) In general.--The Assistant Secretary shall 
        develop a plan for a system to securely verify the 
        identity and status of law enforcement officers flying 
        while armed. The Assistant Secretary shall ensure that 
        the system developed includes a biometric component.
          (2) Demonstration.--The Assistant Secretary shall 
        conduct a demonstration program to test the secure 
        verification system described in paragraph (1) before 
        issuing regulations for deployment of the system.
          (3) Consultation.--The Assistant Secretary shall 
        consult with the Aviation Security Advisory Committee, 
        established under section 44946 of title 49, United 
        States Code, when developing the system and evaluating 
        the demonstration program.
          (4) Report.--The Assistant Secretary shall submit a 
        report to the Committee on Homeland Security of the 
        House of Representatives, evaluating the demonstration 
        program of the secure verification system required by 
        this section.
          (5) Authorization of appropriations.--From the 
        amounts authorized under section 101 of the 
        Transportation Security Administration Authorization 
        Act, there is authorized to be appropriated to carry 
        out this subsection $10,000,000, to remain available 
        until expended.
  (f) Ombudsman.--
          (1) Establishment.--The Assistant Secretary shall 
        establish in the Federal Air Marshal Service an Office 
        of the Ombudsman.
          (2) Appointment.--The head of the Office shall be the 
        Ombudsman, who shall be appointed by the Assistant 
        Secretary.
          (3) Duties.--The Ombudsman shall carry out programs 
        and activities to improve morale, training, and quality 
        of life issues in the Service, including through 
        implementation of the recommendations of the Inspector 
        General of the Department of Homeland Security and the 
        Comptroller General.

Sec. 44918. Crew training

  (a) Basic Security Training.--
          (1) * * *

           *       *       *       *       *       *       *

          (6) Monitoring.--The Under Secretary, in consultation 
        with the Administrator, shall monitor air carrier 
        training programs under this subsection and 
        periodically shall review an air carrier's training 
        program to ensure that the program is adequately 
        preparing crew members for potential threat conditions. 
        In determining when an air carrier's training program 
        should be reviewed under this paragraph, the Under 
        Secretary shall consider complaints from crew members. 
        The Under Secretary shall ensure that employees 
        responsible for monitoring the training programs have 
        the necessary resources and knowledge. The Assistant 
        Secretary shall establish an oversight program for 
        security training of cabin crewmembers that includes 
        developing performance measures and strategic goals for 
        air carriers, and standard protocols for Transportation 
        Security Administration oversight inspectors, in 
        accordance with recommendations by the Inspector 
        General of the Department of Homeland Security and the 
        Comptroller General.

           *       *       *       *       *       *       *

  (b) Advanced Self-Defense Training.--
          [(1) In general.--Not later than one year after the 
        date of enactment of the Vision 100--Century of 
        Aviation Reauthorization Act, the Under Secretary shall 
        develop and provide a voluntary training program for 
        flight and cabin crew members of air carriers providing 
        scheduled passenger air transportation.]
          (1) Self-defense training program.--Not later than 1 
        year after the date of enactment of the Transportation 
        Security Administration Authorization Act, the 
        Assistant Secretary shall provide advanced self-defense 
        training of not less than 5 hours during each 2-year 
        period for all cabin crewmembers. The Assistant 
        Secretary shall consult with the Advisory Committee, 
        established under section 44946. and cabin crew and air 
        carrier representatives in developing a plan for 
        providing self-defense training in conjunction with 
        existing recurrent training.

           *       *       *       *       *       *       *

          [(3) Participation not required.--A crew member shall 
        not be required to participate in the training program 
        under this subsection.
          [(4) Compensation.--Neither the Federal Government 
        nor an air carrier shall be required to compensate a 
        crew member for participating in the training program 
        under this subsection.]
          (3) Participation.--A crewmember shall not be 
        required to engage in any physical contact during the 
        training program under this subsection.
          [(5)] (4) Fees.--A crew member shall not be required 
        to pay a fee for the training program under this 
        subsection.
          [(6)] (5) Consultation.--In developing the training 
        program under this subsection, the Under Secretary 
        shall consult with law enforcement personnel and 
        security experts who have expertise in self-defense 
        training, terrorism experts, representatives of air 
        carriers, the director of self-defense training in the 
        Federal Air Marshals Service, flight attendants, labor 
        organizations representing flight attendants, and 
        educational institutions offering law enforcement 
        training programs.
          [(7)] (6) Designation of tsa official.--The Under 
        Secretary shall designate an official in the 
        Transportation Security Administration to be 
        responsible for implementing the training program under 
        this subsection. The official shall consult with air 
        carriers and labor organizations representing crew 
        members before implementing the program to ensure that 
        it is appropriate for situations that may arise on 
        board an aircraft during a flight.

           *       *       *       *       *       *       *


Sec. 44921. Federal flight deck officer program

  (a) Establishment.--[The Under Secretary of Transportation 
for Security] The Secretary of Homeland Security, acting 
through the Assistant Secretary of Transportation Security 
shall establish a program to deputize volunteer pilots of air 
carriers providing air transportation or intrastate air 
transportation as Federal law enforcement officers to defend 
the flight decks of aircraft of such air carriers against acts 
of criminal violence or air piracy. Such officers shall be 
known as ``Federal flight deck officers''.
  (b) Procedural Requirements.--
          (1) In general.--Not later than 3 months after the 
        date of enactment of this section, the [Under] 
        Secretary shall establish procedural requirements to 
        carry out the program under this section.
          (2) Commencement of program.--Beginning 3 months 
        after the date of enactment of this section, the 
        [Under] Secretary shall begin the process of training 
        and deputizing pilots who are qualified to be Federal 
        flight deck officers as Federal flight deck officers 
        under the program.

           *       *       *       *       *       *       *

          (4) Preference.--In selecting pilots to participate 
        in the program, the [Under] Secretary shall give 
        preference to pilots who are former military or law 
        enforcement personnel.

           *       *       *       *       *       *       *

          (6) Notice to congress.--The [Under] Secretary shall 
        provide notice to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate after completing the analysis required by 
        paragraph (3)(E).
          (7) Minimization of risk.--If the [Under] Secretary 
        determines as a result of the analysis under paragraph 
        (3)(E) that there is a significant risk of the 
        catastrophic failure of an aircraft as a result of the 
        discharge of a firearm, the Under Secretary shall take 
        such actions as may be necessary to minimize that risk.
          (8) Administrators.--The Assistant Secretary shall 
        implement an appropriately sized administrative 
        structure to manage the program, including overseeing--
                  (A) eligibility and requirement protocols 
                administration; and
                  (B) communication with Federal flight deck 
                officers.
  (c) Training, Supervision, and Equipment.--
          (1) * * *
          (2) Training.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Training in use of firearms.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) Use of federal air marshal 
                        service field office facilities.--In 
                        addition to dedicated Government and 
                        contract training facilities, the 
                        Assistant Secretary shall require that 
                        field office facilities of the Federal 
                        Air Marshal Service be used for the 
                        administrative and training needs of 
                        the program. Such facilities shall be 
                        available to Federal flight deck 
                        officers at no cost for firearms 
                        training and qualification, defensive 
                        tactics training, and program 
                        administrative assistance.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Sec. 44924. Repair station security

  (a) * * *

           *       *       *       *       *       *       *

  [(f) Regulations.--Not later than 240 days after the date of 
enactment of this section, the Under Secretary, in consultation 
with the Administrator, shall issue final regulations to ensure 
the security of foreign and domestic aircraft repair stations.]
  (f) Regulations.--The Assistant Secretary shall issue 
regulations establishing security standards for foreign repair 
stations performing maintenance for aircraft used to provide 
air transportation and shall ensure that comparable standards 
apply to maintenance work performed by employees of repair 
stations certified under part 121 of title 14, Code of Federal 
Regulations, and maintenance work performed by employees of 
repair stations certified under part 145 of such title.

           *       *       *       *       *       *       *


              SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

Sec. 44931. Assistant Secretary defined

  (a) In General.--In this chapter--
          (1) the term ``Assistant Secretary'' means the 
        Assistant Secretary of Homeland Security 
        (Transportation Security Administration); and
          (2) any reference to the Administrator of the 
        Transportation Security Administration, the Under 
        Secretary of Transportation for Security, the Under 
        Secretary of Transportation for Transportation 
        Security, or the Under Secretary for Transportation 
        Security shall be deemed to be a reference to the 
        Assistant Secretary.
  (b) Authorities Vested in Assistant Secretary.--Any authority 
vested in the Assistant Secretary under this chapter shall be 
carried out under the direction and control of the Secretary of 
Homeland Security.

Sec. 44933. Federal Security [Managers] Directors

  (a) Establishment, Designation, and Stationing.--The Under 
Secretary of Transportation for Security shall establish the 
position of Federal Security [Manager] Director at each airport 
in the United States described in section 44903(c). The Under 
Secretary shall designate individuals as [Managers] Directors 
for, and station those [Managers] Directors at, those airports.
  (b) Duties and Powers.--The [Manager] Director at each 
airport shall--
          (1) * * *

           *       *       *       *       *       *       *

  (c) Information Sharing.--Not later than one year after the 
date of enactment of the Transportation Security Administration 
Authorization Act, the Assistant Secretary shall--
          (1) require an airport security plan to have clear 
        reporting procedures to provide that the Federal 
        Security Director of the airport is immediately 
        notified whenever any Federal, State, or local law 
        enforcement personnel are called to an aircraft at a 
        gate or on an airfield at the airport to respond to any 
        security matter;
          (2) require each Federal Security Director of an 
        airport to meet at least quarterly with law enforcement 
        agencies serving the airport to discuss incident 
        management protocols; and
          (3) require each Federal Security Director at an 
        airport to inform, consult, and coordinate, as 
        appropriate, with the airport operator in a timely 
        manner on security matters impacting airport operations 
        and to establish and maintain operational protocols 
        with airport operators to ensure coordinated responses 
        to security matters.

           *       *       *       *       *       *       *


Sec. 44935. Employment standards and training

  (a) * * *

           *       *       *       *       *       *       *

  (j) Uniforms.--[The Under Secretary]
          (1) Uniform requirement.--The Assistant Secretary 
        shall require any individual who screens passengers and 
        property pursuant to section 44901 to be attired while 
        on duty in a uniform approved by the Under Secretary.
          (2) Allowance.--The Assistant Secretary may grant a 
        uniform allowance of not less than $300 to any 
        individual who screens passengers and property pursuant 
        to section 44901.
  [(i)] (k) Accessibility of Computer-Based Training 
Facilities.--The Under Secretary shall work with air carriers 
and airports to ensure that computer-based training facilities 
intended for use by security screeners at an airport regularly 
serving an air carrier holding a certificate issued by the 
Secretary of Transportation are conveniently located for that 
airport and easily accessible.
  (l) Prohibition of Advance Notice to Security Screeners of 
Covert Testing and Evaluation.--
          (1) In general.--The Assistant Secretary shall ensure 
        that information concerning a covert test of a 
        transportation security system to be conducted by a 
        covert testing office, the Inspector General of the 
        Department of Homeland Security, or the Government 
        Accountability Office is not provided to any individual 
        prior to the completion of the test.
          (2) Exceptions.--Notwithstanding paragraph (1)--
                  (A) an authorized individual involved in a 
                covert test of a transportation security system 
                may provide information concerning the covert 
                test to--
                          (i) employees, officers, and 
                        contractors of the Federal Government 
                        (including military personnel);
                          (ii) employees and officers of State 
                        and local governments; and
                          (iii) law enforcement officials who 
                        are authorized to receive or directed 
                        to be provided such information by the 
                        Assistant Secretary, the Inspector 
                        General of the Department of Homeland 
                        Security, or the Comptroller General, 
                        as the case may be; and
                  (B) for the purpose of ensuring the security 
                of any individual in the vicinity of a site 
                where a covert test of a transportation 
                security system is being conducted, an 
                individual conducting the test may disclose his 
                or her status as an individual conducting the 
                test to any appropriate individual if a 
                security screener or other individual who is 
                not a covered employee identifies the 
                individual conducting the test as a potential 
                threat.
          (3) Special rules for tsa.--
                  (A) Monitoring and security of testing 
                personnel.--The head of each covert testing 
                office shall ensure that a person or group of 
                persons conducting a covert test of a 
                transportation security system for the covert 
                testing office is accompanied at the site of 
                the test by a cover team composed of one or 
                more employees of the covert testing office for 
                the purpose of monitoring the test and 
                confirming the identity of personnel involved 
                in the test under subparagraph (B).
                  (B) Responsibility of cover team.--Under this 
                paragraph, a cover team for a covert test of a 
                transportation security system shall--
                          (i) monitor the test; and
                          (ii) for the purpose of ensuring the 
                        security of any individual in the 
                        vicinity of a site where the test is 
                        being conducted, confirm, 
                        notwithstanding paragraph (1), the 
                        identity of any individual conducting 
                        the test to any appropriate individual 
                        if a security screener or other 
                        individual who is not a covered 
                        employee identifies the individual 
                        conducting the test as a potential 
                        threat.
                  (C) Aviation screening.--Notwithstanding 
                subparagraph (A), the Transportation Security 
                Administration is not required to have a cover 
                team present during a test of the screening of 
                persons, carry-on items, or checked baggage at 
                an aviation security checkpoint at or serving 
                an airport if the test--
                          (i) is approved, in coordination with 
                        the designated security official for 
                        the airport operator by the Federal 
                        Security Director for such airport; and
                          (ii) is carried out under an aviation 
                        screening assessment program of the 
                        Department of Homeland Security.
                  (D) Use of other personnel.--The 
                Transportation Security Administration may use 
                employees, officers, and contractors of the 
                Federal Government (including military 
                personnel) and employees and officers of State 
                and local governments to conduct covert tests.
          (4) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Appropriate individual.--The term 
                ``appropriate individual'', as used with 
                respect to a covert test of a transportation 
                security system, means any individual that--
                          (i) the individual conducting the 
                        test determines needs to know his or 
                        her status as an individual conducting 
                        a test under paragraph (2)(B); or
                          (ii) the cover team monitoring the 
                        test under paragraph (3)(B)(i) 
                        determines needs to know the identity 
                        of an individual conducting the test.
                  (B) Covered employee.--The term ``covered 
                employee'' means any individual who receives 
                notice of a covert test before the completion 
                of a test under paragraph (2)(A).
                  (C) Covert test.--
                          (i) In general.--The term ``covert 
                        test'' means an exercise or activity 
                        conducted by a covert testing office, 
                        the Inspector General of the Department 
                        of Homeland Security, or the Government 
                        Accountability Office to intentionally 
                        test, compromise, or circumvent 
                        transportation security systems to 
                        identify vulnerabilities in such 
                        systems.
                          (ii) Limitation.--Notwithstanding 
                        clause (i), the term ``covert test'' 
                        does not mean an exercise or activity 
                        by an employee or contractor of the 
                        Transportation Security Administration 
                        to test or assess compliance with 
                        relevant regulations.
                  (D) Covert testing office.--The term ``covert 
                testing office'' means any office of the 
                Transportation Security Administration 
                designated by the Assistant Secretary to 
                conduct covert tests of transportation security 
                systems.
                  (E) Employee of a covert testing office.--The 
                term ``employee of a covert testing office'' 
                means an individual who is an employee of a 
                covert testing office or a contractor or an 
                employee of a contractor of a covert testing 
                office.

           *       *       *       *       *       *       *


Sec. 44940. Security service fees

  (a) General Authority.--
          (1) Passenger fees.--The Under Secretary of 
        Transportation for Security shall impose a uniform fee, 
        on passengers of air carriers and foreign air carriers 
        in air transportation and intrastate air transportation 
        originating at airports in the United States, to pay 
        for the following costs of providing civil aviation 
        security services:
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) The costs of Federal Security [Managers] 
                Directors under section 44903.

           *       *       *       *       *       *       *


Sec. 44946. Aviation Security Advisory Committee

  (a) Establishment of Aviation Security Advisory Committee.--
          (1) In general.--The Assistant Secretary shall 
        establish in the Transportation Security Administration 
        an advisory committee, to be known as the Aviation 
        Security Advisory Committee (in this chapter referred 
        to as the ``Advisory Committee''), to assist the 
        Assistant Secretary with issues pertaining to aviation 
        security, including credentialing.
          (2) Recommendations.--The Assistant Secretary shall 
        require the Advisory Committee to develop 
        recommendations for improvements to civil aviation 
        security methods, equipment, and processes.
          (3) Meetings.--The Assistant Secretary shall require 
        the Advisory Committee to meet at least semiannually 
        and may convene additional meetings as necessary.
          (4) Unpaid position.--Advisory Committee members 
        shall serve at their own expense and receive no salary, 
        reimbursement of travel expenses, or other compensation 
        from the Federal Government.
  (b) Membership.--
          (1) Member organizations.--The Assistant Secretary 
        shall ensure that the Advisory Committee is composed of 
        not more than one individual representing not more than 
        27 member organizations, including representation of 
        air carriers, all cargo air transportation, indirect 
        air carriers, labor organizations representing air 
        carrier employees, aircraft manufacturers, airport 
        operators, general aviation, and the aviation 
        technology security industry, including biometrics.
          (2) Appointments.--Members shall be appointed by the 
        Assistant Secretary, and the Assistant Secretary shall 
        have the discretion to review the participation of any 
        Advisory Committee member and remove for cause at any 
        time.
  (c) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory Committee 
under this section.
  (d) Air Cargo Security Working Group.--
          (1) In general.--The Assistant Secretary shall 
        establish within the Advisory Committee an air cargo 
        security working group to provide recommendations for 
        air cargo security issues, including the implementation 
        of the air cargo screening initiatives proposed by the 
        Transportation Security Administration to screen air 
        cargo on passenger aircraft in accordance with 
        established cargo screening mandates.
          (2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the 
        Assistant Secretary with recommendations to improve the 
        Administration's cargo screening initiatives 
        established to meet all cargo screening mandates set 
        forth in section 44901(g) of title 49, United States 
        Code.
          (3) Membership.--The working group shall include 
        members from the Advisory Committee with expertise in 
        air cargo operations and representatives from other 
        stakeholders as determined by the Assistant Secretary.
          (4) Reports.--
                  (A) In general.--The working group shall 
                prepare and submit reports to the Assistant 
                Secretary in accordance with this paragraph 
                that provide cargo screening mandate 
                implementation recommendations.
                  (B) Submission.--Not later than one year 
                after the date of enactment of this section and 
                on an annual basis thereafter, the working 
                group shall submit its first report to the 
                Assistant Secretary, including any 
                recommendations of the group--
                          (i) to reduce redundancies and 
                        increase efficiencies with the 
                        screening and inspection of inbound 
                        cargo; and
                          (ii) on the potential development of 
                        a fee structure to help sustain cargo 
                        screening efforts.

Sec. 44947. General aviation security

  (a) General Aviation Security Grant Program.--
          (1) In general.--The Assistant Secretary shall carry 
        out a general aviation security grant program to 
        enhance transportation security at general aviation 
        airports by making grants to operators of general 
        aviation airports for projects to enhance perimeter 
        security, airfield security, and terminal security.
          (2) Eligible projects.--Not later than one year after 
        the date of submission of the first report of the 
        working group under subsection (b), the Assistant 
        Secretary shall develop and make publically available a 
        list of approved eligible projects for such grants 
        under paragraph (1) based upon recommendations made by 
        the working group in such report.
          (3) Federal share.--The Federal share of the cost of 
        activities for which grants are made under this 
        subsection shall be 90 percent.
  (b) General Aviation Security Working Group.--
          (1) In general.--The Assistant Secretary shall 
        establish, within the Aviation Security Advisory 
        Committee established under section 44946, a general 
        aviation working group to advise the Transportation 
        Security Administration regarding transportation 
        security issues for general aviation facilities general 
        aviation aircraft, and helicopter operations at general 
        aviation and commercial service airports.
          (2) Meetings.--The working group shall meet at least 
        semiannually and may convene additional meetings as 
        necessary.
          (3) Membership.--The Assistant Secretary shall 
        appoint members from the Aviation Security Advisory 
        Committee with general aviation experience.
          (4) Reports.--
                  (A) Submission.--The working group shall 
                submit a report to the Assistant Secretary with 
                recommendations on ways to improve security at 
                general aviation airports.
                  (B) Contents of report.--The report of the 
                working group submitted to the Assistant 
                Secretary under this paragraph shall include 
                any recommendations of the working group for 
                eligible security enhancement projects at 
                general aviation airports to be funded by 
                grants under subsection (a).
                  (C) Subsequent reports.--After submitting the 
                report, the working group shall continue to 
                report to the Assistant Secretary on general 
                aviation aircraft and airports.
  (c) Authorization of Appropriations.--From amounts made 
available under section 101 of the Transportation Security 
Administration Authorization Act, there is authorized to be 
appropriated for making grants under subsection (a) $10,000,000 
for each of fiscal years 2010 and 2011.

           *       *       *       *       *       *       *

                              ----------                              


    IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

Sec. 1301. Definitions.
     * * * * * * *
Sec. 1311. Transit Security Advisory Committee.

           *       *       *       *       *       *       *


            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

SEC. 1301. DEFINITIONS.

  For purposes of this title, the following terms apply:
          (1) * * *
          (2) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary of Homeland 
        Security (Transportation Security Administration).
          [(2)] (3) Department.--The term ``Department'' means 
        the Department of Homeland Security.
          [(3)] (4) Secretary.--The term ``Secretary'' means 
        the Secretary of Homeland Security.
          [(4)] (5) State.--The term ``State'' means any one of 
        the 50 States, the District of Columbia, Puerto Rico, 
        the Northern Mariana Islands, the Virgin Islands, Guam, 
        American Samoa, and any other territory or possession 
        of the United States.
          [(5)] (6) Terrorism.--The term ``terrorism'' has the 
        meaning that term has in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101).
          [(6)] (7) United states.--The term ``United States'' 
        means the 50 States, the District of Columbia, Puerto 
        Rico, the Northern Mariana Islands, the Virgin Islands, 
        Guam, American Samoa, and any other territory or 
        possession of the United States.

           *       *       *       *       *       *       *


SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION AND RESPONSE 
                    TEAMS.

  (a) In General.--The Secretary, acting through the 
[Administrator of the Transportation Security Administration,] 
``Assistant Secretary,'' may develop Visible Intermodal 
Prevention and Response (referred to in this section as 
``VIPR'') teams to augment the security of any mode of 
transportation at any location within the United States. In 
forming a VIPR team, the Secretary--
          (1) * * *

           *       *       *       *       *       *       *

          (4) shall, prior to and during the deployment, 
        consult with all transportation entities directly 
        affected by the deployment of a VIPR [team,] team as to 
        specific locations and times within their facilities at 
        which VIPR teams should be deployed to maximize the 
        effectiveness of such deployment and other matters, as 
        appropriate, including railroad carriers, air carriers, 
        airport owners, over-the-road bus operators and 
        terminal owners and operators, motor carriers, public 
        transportation agencies, owners or operators of 
        highways, port operators and facility owners, vessel 
        owners and operators and pipeline operators.
  [(b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section 
such sums as necessary for fiscal years 2007 through 2011.]
  (b) Performance Measures.--Not later than one year after the 
date of enactment of the Transportation Security Administration 
Authorization Act, the Secretary shall develop and implement a 
system of qualitative performance measures and objectives by 
which to assess the roles, activities, and effectiveness of 
VIPR team operations on an ongoing basis, including a mechanism 
through which the transportation entities listed in subsection 
(a)(4) may submit feedback on VIPR team operations involving 
their systems or facilities.
  (c) Plan.--Not later than one year after the date of 
enactment of the Transportation Security Administration 
Authorization Act, the Secretary shall develop and implement a 
plan for ensuring the interoperability of communications among 
all participating VIPR team components as designated under 
subsection (a)(1) and between VIPR teams and any relevant 
transportation entities as designated in subsection (a)(4) 
whose systems or facilities are involved in VIPR team 
operations, including an analysis of the costs and resources 
required to carry out the plan.
  (d) Authorization of Appropriations.--From amounts made 
available under section 101 of the Transportation Security 
Administration Authorization Act, there are authorized to be 
appropriated to the Secretary to carry out this section such 
sums as may be necessary for fiscal years 2010 and 2011.

SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS.

  [(a) In General.--The Secretary, acting through the 
Administrator of the Transportation Security Administration, is 
authorized to train, employ, and utilize surface transportation 
security inspectors.
  [(b) Mission.--The Secretary shall use surface transportation 
security inspectors to assist surface transportation carriers, 
operators, owners, entities, and facilities to enhance their 
security against terrorist attack and other security threats 
and to assist the Secretary in enforcing applicable surface 
transportation security regulations and directives.]
  (a) Surface Transportation Security Inspection Office.--
          (1) Establishment.--The Secretary, acting through the 
        Assistant Secretary, shall establish an office to be 
        known as the Surface Transportation Security Inspection 
        Office (in this section referred to as the ``Office'').
          (2) Mission.--The Secretary shall use the Office to 
        train, employ, and utilize surface transportation 
        security inspectors to--
                  (A) assist surface transportation carriers, 
                operators, owners, entities, and facilities to 
                enhance their security against terrorist 
                attacks and other security threats; and
                  (B) assist the Secretary in enforcing 
                applicable surface transportation security 
                regulations and directives.
          (3) Officers.--
                  (A) Director.--The head of the Office shall 
                be the Director, who shall--
                          (i) oversee and coordinate the 
                        activities of the Office, including all 
                        officers and any corresponding surface 
                        transportation modes in which the 
                        Office carries out such activities, and 
                        the surface transportation security 
                        inspectors who assist in such 
                        activities; and
                          (ii) act as the primary point of 
                        contact between the Office and other 
                        entities that support the Department's 
                        surface transportation security mission 
                        to ensure efficient and appropriate use 
                        of surface transportation security 
                        inspectors and maintain strong working 
                        relationships with surface 
                        transportation security stakeholders.
                  (B) Deputy director.--There shall be a Deputy 
                Director of the Office, who shall--
                          (i) assist the Director in carrying 
                        out the responsibilities of the 
                        Director under this subsection; and
                          (ii) serve as acting Director in the 
                        absence of the Director and during any 
                        vacancy in the office of Director.
          (4) Appointment.--
                  (A) In general.--The Director and Deputy 
                Director shall be responsible on a full-time 
                basis for the duties and responsibilities 
                described in this subsection.
                  (B) Classification.--The position of Director 
                shall be considered a position in the Senior 
                Executive Service as defined in section 2101a 
                of title 5, United States Code, and the 
                position of Deputy Director shall be considered 
                a position classified at grade GS-15 of the 
                General Schedule.
          (5) Limitation.--No person shall serve as an officer 
        under subsection (a)(3) while serving in any other 
        position in the Federal Government.
          (6) Field offices.--
                  (A) Establishment.--The Secretary shall 
                establish primary and secondary field offices 
                in the United States to be staffed by surface 
                transportation security inspectors in the 
                course of carrying out their duties under this 
                section.
                  (B) Designation.--The locations for, and 
                designation as ``primary'' or ``secondary'' of, 
                such field offices shall be determined in a 
                manner that is consistent with the Department's 
                risk-based approach to carrying out its 
                homeland security mission.
                  (C) Command structure.--
                          (i) Primary field offices.--Each 
                        primary field office shall be led by a 
                        chief surface transportation security 
                        inspector, who has significant 
                        experience with surface transportation 
                        systems, facilities, and operations and 
                        shall report directly to the Director.
                          (ii) Secondary field offices.--Each 
                        secondary field office shall be led by 
                        a senior surface transportation 
                        security inspector, who shall report 
                        directly to the chief surface 
                        transportation security inspector of a 
                        geographically appropriate primary 
                        field office, as determined by the 
                        Director.
                  (D) Personnel.--Not later than 18 months 
                after the date of enactment of the 
                Transportation Security Administration 
                Authorization Act, field offices shall be 
                staffed with--
                          (i) not fewer than 7 surface 
                        transportation security inspectors, 
                        including one chief surface 
                        transportation security inspector, at 
                        every primary field office; and
                          (ii) not fewer than 5 surface 
                        transportation security inspectors, 
                        including one senior surface 
                        transportation security inspector, at 
                        every secondary field office.
  [(c)] (b) Authorities.--Surface transportation security 
inspectors employed pursuant to this section shall be 
authorized such powers and delegated such responsibilities as 
the Secretary determines appropriate, subject to subsection 
[(e)] (d).
  [(d)] (c) Requirements.--The Secretary shall require that 
surface transportation security inspectors have relevant 
transportation experience and other security and inspection 
qualifications, as determined appropriate.
  [(e)] (d) Limitations.--
          (1) * * *

           *       *       *       *       *       *       *

  [(f) Number of Inspectors.--The Secretary shall employ up to 
a total of--
          [(1) 100 surface transportation security inspectors 
        in fiscal year 2007;
          [(2) 150 surface transportation security inspectors 
        in fiscal year 2008;
          [(3) 175 surface transportation security inspectors 
        in fiscal year 2009; and
          [(4) 200 surface transportation security inspectors 
        in fiscal years 2010 and 2011.]
  (e) Number of Inspectors.--Subject to the availability of 
appropriations, the Secretary shall hire not fewer than--
          (1) 200 additional surface transportation security 
        inspectors in fiscal year 2010; and
          (2) 100 additional surface transportation security 
        inspectors in fiscal year 2011.
  [(g)] (f) Coordination.--The Secretary shall ensure that the 
mission of the surface transportation security inspectors is 
consistent with any relevant risk assessments required by this 
Act or completed by the Department, the modal plans required 
under section [114(t)] 114(s) of title 49, United States Code, 
the Memorandum of Understanding between the Department and the 
Department of Transportation on Roles and Responsibilities, 
dated September 28, 2004, and any and all subsequent annexes to 
this Memorandum of Understanding, and other relevant documents 
setting forth the Department's transportation security 
strategy, as appropriate.
  [(h)] (g) Consultation.--The Secretary shall periodically 
consult with the surface transportation entities which are or 
may be inspected by the surface transportation security 
inspectors, including, as appropriate, railroad carriers, over-
the-road bus operators and terminal owners and operators, motor 
carriers, public transportation agencies, owners or operators 
of highways, and pipeline operators on--
          (1) * * *

           *       *       *       *       *       *       *

  [(i)] (h) Report.--Not later than September 30, [2008] 2011, 
the Department of Homeland Security Inspector General shall 
transmit a report to the appropriate congressional committees 
on the performance and effectiveness of surface transportation 
security inspectors, whether there is a need for additional 
inspectors, and other recommendations.
  [(j) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section--
          [(1) $11,400,000 for fiscal year 2007;
          [(2) $17,100,000 for fiscal year 2008;
          [(3) $19,950,000 for fiscal year 2009;
          [(4) $22,800,000 for fiscal year 2010; and
          [(5) $22,800,000 for fiscal year 2011.]
  (i) Plan.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Transportation Security 
        Administration Authorization Act, the Secretary shall 
        submit to the Committee on Homeland Security of the 
        House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a plan 
        for expanding the duties and leveraging the expertise 
        of surface transportation security inspectors to 
        further support the Department's surface transportation 
        security mission.
          (2) Contents.--The plan shall include--
                  (A) an analysis of how surface transportation 
                security inspectors could be used to conduct 
                oversight activities with respect to surface 
                transportation security projects funded by 
                relevant grant programs administered by the 
                Department;
                  (B) an evaluation of whether authorizing 
                surface transportation security inspectors to 
                obtain or possess law enforcement 
                qualifications or status would enhance the 
                capacity of the Office to take an active role 
                in the Department's surface transportation 
                security operations; and
                  (C) any other potential functions relating to 
                surface transportation security the Secretary 
                determines appropriate.
  (j) Authorization of Appropriations.--From amounts made 
available under section 101 of the Transportation Security 
Administration Authorization Act, there are authorized to be 
appropriated such sums as may be necessary to the Secretary to 
carry out this section for fiscal years 2010 and 2011.

           *       *       *       *       *       *       *


SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM.

  (a) * * *
  (b) In General.--
          (1) Increased capacity.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary 
        of Homeland Security shall--
                  (A) begin to increase the number of 
                explosives detection canine teams certified by 
                the Transportation Security Administration for 
                the purposes of transportation-related security 
                by up to 200 canine teams annually by the end 
                of [2010] 2011; and

           *       *       *       *       *       *       *

          (3) Allocation.--
                  (A) In general.--The Secretary shall increase 
                the number of canine teams certified by the 
                Transportation Security Administration for the 
                purpose of passenger rail and public 
                transportation security activities to not less 
                than 200 canine teams by the end of fiscal year 
                2011.
                  (B) Cooperative agreements.--The Secretary 
                shall expand the use of canine teams to enhance 
                passenger rail and public transportation 
                security by entering into cooperative 
                agreements with passenger rail and public 
                transportation agencies eligible for security 
                assistance under section 1406 of this Act for 
                the purpose of deploying and maintaining canine 
                teams to such agencies for use in passenger 
                rail or public transportation security 
                activities and providing for assistance in an 
                amount not less than $75,000 for each canine 
                team deployed, to be adjusted by the Secretary 
                for inflation.
                  (C) Authorization of appropriations.--From 
                amounts made available under section 101 of the 
                Transportation Security Administration 
                Authorization Act, there are authorized to be 
                appropriated to the Secretary such sums as may 
                be necessary to carry out this paragraph for 
                fiscal years 2010 and 2011.

           *       *       *       *       *       *       *

  (d) Deployment.--The Secretary shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) encourage, but not require, any transportation 
        facility or system to deploy TSA-certified explosives 
        detection canine teams developed under this section; 
        [and]
          (4) consider specific needs and training requirements 
        for explosives detection canine teams to be deployed 
        across the Nation's transportation network, including 
        in venues of multiple modes of transportation, as 
        appropriate[.]; and
          (5) expand the use of canine teams trained to detect 
        vapor wave trails in passenger rail and public 
        transportation security environments, as the Secretary, 
        in consultation with the Assistant Secretary, 
        determines appropriate.
  (e) Canine Procurement.--The Secretary, acting through the 
Administrator of the Transportation Security Administration, 
shall work to ensure that explosives detection canine teams are 
procured as efficiently as possible and at the best price, 
while maintaining the needed level of quality, including[, if 
appropriate,], to the extent practicable, through increased 
domestic breeding.
  [(f) Study.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall report to 
the appropriate congressional committees on the utilization of 
explosives detection canine teams to strengthen security and 
the capacity of the national explosive detection canine team 
program.]
  (f) Report.--Not later than one year after the date of the 
enactment of the Transportation Security Administration 
Authorization Act, the Comptroller General shall submit to the 
appropriate congressional committees a report on--
          (1) utilization of explosives detection canine teams 
        to strengthen security in passenger rail and public 
        transportation environments;
          (2) the capacity of the national explosive detection 
        canine team program as a whole; and
          (3) how the Assistant Secretary could better support 
        State and local passenger rail and public 
        transportation entities in maintaining certified canine 
        teams for the life of the canine, including by 
        providing financial assistance.

           *       *       *       *       *       *       *


SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE.

  (a) Establishment.--
          (1) In general.--The Assistant Secretary shall 
        establish in the Transportation Security Administration 
        an advisory committee, to be known as the Transit 
        Security Advisory Committee (in this section referred 
        to as the ``Advisory Committee''), to assist the 
        Assistant Secretary with issues pertaining to surface 
        transportation security.
          (2) Recommendations.--
                  (A) In general.--The Assistant Secretary 
                shall require the Advisory Committee to develop 
                recommendations for improvements to surface 
                transportation security planning, methods, 
                equipment, and processes.
                  (B) Priority issues.--Not later than one year 
                after the date of enactment of the 
                Transportation Security Administration 
                Authorization Act, the Advisory Committee shall 
                submit to the Assistant Secretary 
                recommendations on--
                          (i) improving homeland security 
                        information sharing between components 
                        of the Department of Homeland Security 
                        and surface transportation security 
                        stakeholders, including those 
                        represented on the Advisory Committee; 
                        and
                          (ii) streamlining or consolidating 
                        redundant security background checks 
                        required by the Department under 
                        relevant statutes governing surface 
                        transportation security, as well as 
                        redundant security background checks 
                        required by States where there is no 
                        legitimate homeland security basis for 
                        requiring such checks.
          (3) Meetings.--The Assistant Secretary shall require 
        the Advisory Committee to meet at least semiannually 
        and may convene additional meetings as necessary.
          (4) Unpaid position.--Advisory Committee Members 
        shall serve at their own expense and receive no salary, 
        reimbursement for travel expenses, or other 
        compensation from the Federal Government.
  (b) Membership.--
          (1) In general.--The Assistant Secretary shall ensure 
        that the Advisory Committee is composed of not more 
        than one individual representing not more than 27 
        member organizations, including representatives from 
        public transportation agencies, passenger rail agencies 
        or operators, railroad carriers, motor carriers, owners 
        or operators of highways, over-the-road bus operators 
        and terminal owners and operators, pipeline operators, 
        labor organizations representing employees of such 
        entities, and the surface transportation security 
        technology industry.
          (2) Appointments.--Members shall be appointed by the 
        Assistant Secretary and the Assistant Secretary shall 
        have the discretion to review the participation of any 
        Advisory Committee member and remove for cause at any 
        time.
  (c) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory Committee 
under this section.
  (d) Passenger Carrier Security Working Group.--
          (1) In general.--The Assistant Secretary shall 
        establish within the Advisory Committee a passenger 
        carrier security working group to provide 
        recommendations for successful implementation of 
        initiatives relating to passenger rail, over-the-road 
        bus, and public transportation security proposed by the 
        Transportation Security Administration in accordance 
        with statutory requirements, including relevant grant 
        programs and security training provisions.
          (2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the 
        Assistant Secretary with recommendations to improve the 
        Transportation Security Administration's initiatives 
        relating to passenger rail, over-the-road bus, and 
        public transportation security, including grant, 
        training, inspection, or other relevant programs 
        authorized in titles XIII and XIV, and subtitle C of 
        title XV of this Act.
          (3) Membership.--The working group shall be composed 
        of members from the Advisory Committee with expertise 
        in public transportation, over-the-road bus, or 
        passenger rail systems and operations, all appointed by 
        the Assistant Secretary.
          (4) Reports.--
                  (A) In general.--The working group shall 
                prepare and submit reports to the Assistant 
                Secretary in accordance with this paragraph 
                that provide recommendations as described in 
                paragraphs (1) and (2).
                  (B) Submission.--Not later than one year 
                after the date of enactment of the 
                Transportation Security Administration 
                Authorization Act, and on an annual basis 
                thereafter, the working group shall submit a 
                report on the findings and recommendations 
                developed under subparagraph (A) to the 
                Assistant Secretary.
  (e) Freight Rail Security Working Group.--
          (1) In general.--The Assistant Secretary shall 
        establish within the Advisory Committee a freight rail 
        security working group to provide recommendations for 
        successful implementation of initiatives relating to 
        freight rail security proposed by the Transportation 
        Security Administration in accordance with statutory 
        requirements, including relevant grant programs and 
        security training provisions.
          (2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the 
        Assistant Secretary with recommendations to improve the 
        Transportation Security Administration's initiatives 
        relating to freight rail security, including grant, 
        training, inspection, or other relevant programs 
        authorized in titles XIII and XV of this Act.
          (3) Membership.--The working group shall be composed 
        of members from the Advisory Committee with expertise 
        in freight rail systems and operations, all appointed 
        by the Assistant Secretary.
          (4) Reports.--
                  (A) In general.--The working group shall 
                prepare and submit reports to the Assistant 
                Secretary in accordance with this paragraph 
                that provide recommendations as described in 
                paragraphs (1) and (2).
                  (B) Submission.--Not later than one year 
                after the date of enactment of the 
                Transportation Security Administration 
                Authorization Act, and on an annual basis 
                thereafter, the working group shall submit a 
                report on the findings and recommendations 
                developed under subparagraph (A) to the 
                Assistant Secretary.

           *       *       *       *       *       *       *


TITLE XVI--AVIATION

           *       *       *       *       *       *       *


SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Assessment of Inbound Compliance.--Upon establishment of 
the inbound air cargo screening system, the Assistant Secretary 
shall submit a report to the Committee on Homeland Security in 
the House of Representatives on the impact, rationale, and 
percentage of air cargo being exempted from screening under 
exemptions granted under section 44901(i)(1) of title 49, 
United States Code.
  (d) GAO Report.--Not later than 120 days after the date of 
enactment of this Act and quarterly thereafter, the Comptroller 
General shall review the air cargo screening system for inbound 
passenger aircraft and report to the Committee on Homeland 
Security in the House of Representatives on the status of 
implementation, including the approximate percentage of cargo 
being screened, as well as the Administration's methods to 
verify the screening system's implementation.

           *       *       *       *       *       *       *


SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

  (a) * * *
  (b) Prioritization of Projects.--
          (1)  * * *
          [(2) Airports that have incurred eligible costs..--
        The schedule shall include airports that have incurred 
        eligible costs associated with development of partial 
        or completed in-line baggage systems before the date of 
        enactment of this Act in reasonable anticipation of 
        receiving a grant under section 44923 of title 49, 
        United States Code, in reimbursement of those costs but 
        that have not received such a grant.]
          (2) Airports that have incurred eligible costs.--
                  (A) In general.--Not later than 60 days after 
                the date of enactment of the Transportation 
                Security Administration Authorization Act, the 
                Assistant Secretary of Homeland Security 
                (Transportation Security Administration) shall 
                establish a process for resolving reimbursement 
                claims for airports that have incurred, before 
                the date of enactment of this Act, eligible 
                costs associated with development of partial or 
                completed in-line baggage systems.
                  (B) Process for receiving reimbursement.--The 
                process shall allow an airport--
                          (i) to submit a claim to the 
                        Assistant Secretary for reimbursement 
                        for eligible costs described in 
                        subparagraph (A); and
                          (ii) not later than 180 days after 
                        date on which the airport submits the 
                        claim, to receive a determination on 
                        the claim and, if the determination is 
                        positive, to be reimbursed.
                  (C) Report.--Not later than 60 days after the 
                date on which the Assistant Secretary 
                establishes the process under subparagraph (B), 
                the Assistant Secretary shall submit to the 
                Committee on Homeland Security of the House of 
                Representatives a report containing a 
                description of the process, including a 
                schedule for the timely reimbursement of 
                airports for which a positive determination has 
                been made.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *


Subtitle VII--Security and Drug Enforcement

           *       *       *       *       *       *       *


Sec. 70105. Transportation security cards

  (a) * * *
  (b) Issuance of Cards.--(1) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  (n) Escorting.--The Secretary shall coordinate with owners 
and operators subject to this section to allow any individual 
who has a pending application for a transportation security 
card under this section or is waiting for reissuance of such 
card, including any individual whose card has been lost or 
stolen, and who needs to perform work in a secure or restricted 
area to have access to such area for that purpose through 
escorting of such individual in accordance with subsection 
(a)(1)(B) by another individual who holds a transportation 
security card.
  (o) Processing Time.--The Secretary shall review an initial 
transportation security card application and respond to the 
applicant, as appropriate, including the mailing of an Initial 
Determination of Threat Assessment letter, within 30 days after 
receipt of the initial application. The Secretary shall, to the 
greatest extent practicable, review appeal and waiver requests 
submitted by a transportation security card applicant, and send 
a written decision or request for additional information 
required for the appeal or waiver determination, within 30 days 
after receipt of the applicant's appeal or waiver written 
request. For an applicant that is required to submit additional 
information for an appeal or waiver determination, the 
Secretary shall send a written decision, to the greatest extent 
practicable, within 30 days after receipt of all requested 
information.
  (p) Receipt of Cards.--Within 180 days after the date of 
enactment of the Transportation Security Administration 
Authorization Act, the Secretary shall develop a process to 
permit an individual approved for a transportation security 
card under this section to receive the card at the individual's 
place of residence.
  (q) Fingerprinting.--The Secretary shall establish procedures 
providing for an individual who is required to be fingerprinted 
for purposes of this section to be fingerprinted at facilities 
operated by or under contract with an agency of the Department 
of the Secretary that engages in fingerprinting the public for 
transportation security or other security purposes.

           *       *       *       *       *       *       *

                              ----------                              


                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *

               TITLE XXI--SURFACE TRANSPORTATION SECURITY

Sec. 2101. Transportation of security sensitive materials.
Sec. 2102. Enrollment locations.
Sec. 2103. Authority to ensure compliance.
Sec. 2104. Civil penalties.
Sec. 2105. Commercial motor vehicle operators registered to operate in 
          Mexico or Canada.
Sec. 2106. Other security background checks.
Sec. 2107. Redundant background checks.
Sec. 2108. Transition.
Sec. 2109. Savings clause.
Sec. 2110. Definitions.
     * * * * * * *

               TITLE XXI--SURFACE TRANSPORTATION SECURITY

SEC. 2101. TRANSPORTATION OF SECURITY SENSITIVE MATERIALS.

  (a) Security Sensitive Materials.--Not later than 120 days 
after the date of enactment of this section, the Secretary 
shall issue final regulations, after notice and comment, 
defining security sensitive materials for the purposes of this 
title.
  (b) Motor Vehicle Operators.--The Secretary shall prohibit an 
individual from operating a motor vehicle in commerce while 
transporting a security sensitive material unless the 
individual holds a valid transportation security card issued by 
the Secretary under section 70105 of title 46, United States 
Code.
  (c) Shippers.--The Secretary shall prohibit a person from--
          (1) offering a security sensitive material for 
        transportation by motor vehicle in commerce; or
          (2) causing a security sensitive material to be 
        transported by motor vehicle in commerce,
unless the motor vehicle operator transporting the security 
sensitive material holds a valid transportation security card 
issued by the Secretary under section 70105 of title 46, United 
States Code.

SEC. 2102. ENROLLMENT LOCATIONS.

  (a) Fingerprinting Locations.--The Secretary shall--
          (1) work with appropriate entities to ensure that 
        fingerprinting locations for individuals applying for a 
        transportation security card under section 70105 of 
        title 46, United States Code, have flexible operating 
        hours; and
          (2) permit an individual applying for such 
        transportation security card to utilize a 
        fingerprinting location outside of the individual's 
        State of residence to the greatest extent practicable.
  (b) Receipt and Activation of Cards.--The Secretary shall 
develop guidelines and procedures to permit an individual to 
receive a transportation security card under section 70105 of 
title 46, United States Code, at the individual's place of 
residence and to activate the card at any enrollment center.
  (c) Number of Locations.--The Secretary shall develop and 
implement a plan--
          (1) to offer individuals applying for a 
        transportation security card under section 70105 of 
        title 46, United States Code, the maximum number of 
        fingerprinting locations practicable across diverse 
        geographic regions; and
          (2) to conduct outreach to appropriate stakeholders, 
        including owners, operators, and relevant entities (and 
        labor organizations representing employees of such 
        owners, operators, and entities), to keep the 
        stakeholders informed of the timeframe and locations 
        for the opening of additional fingerprinting locations.
  (d) Authorization.--There are authorized to be appropriated 
such sums as may be necessary to carry out this section.

SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE.

  (a) In General.--The Secretary is authorized to ensure 
compliance with this title.
  (b) Memorandum of Understanding.--The Secretary may enter 
into a memorandum of understanding with the Secretary of 
Transportation to ensure compliance with section 2101.

SEC. 2104. CIVIL PENALTIES.

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

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

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

SEC. 2106. OTHER SECURITY BACKGROUND CHECKS.

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

SEC. 2107. REDUNDANT BACKGROUND CHECKS.

  (a) In General.--After the date of enactment of this title, 
the Secretary shall prohibit a State or political subdivision 
thereof from requiring a separate security background check of 
an individual seeking to transport hazardous materials.
  (b) Waivers.--The Secretary may waive the application of 
subsection (a) with respect to a State or political subdivision 
thereof if the State or political subdivision demonstrates a 
compelling homeland security reason that a separate security 
background check is necessary to ensure the secure 
transportation of hazardous materials in the State or political 
subdivision.
  (c) Limitation on Statutory Construction.--Nothing in this 
section shall limit the authority of a State to ensure that an 
individual has the requisite knowledge and skills to safely 
transport hazardous materials in commerce.

SEC. 2108. TRANSITION.

  (a) Treatment of Individuals Receiving Prior Hazardous 
Materials Endorsements.--The Secretary shall treat an 
individual who has obtained a hazardous materials endorsement 
in accordance with section 1572 of title 49, Code of Federal 
Regulations, before the date of enactment of this title, as 
having met the background check requirements of a 
transportation security card under section 70105 of title 46, 
United States Code, subject to reissuance or expiration dates 
of the hazardous materials endorsement.
  (b) Reduction in Fees.--The Secretary shall reduce, to the 
greatest extent practicable, any fees associated with obtaining 
a transportation security card under section 70105 of title 46, 
United Sates Code, for any individual referred to in subsection 
(a).

SEC. 2109. SAVINGS CLAUSE.

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

SEC. 2110. DEFINITIONS.

  In this title, the following definitions apply:
          (1) Commerce.--The term ``commerce'' means trade or 
        transportation in the jurisdiction of the United 
        States--
                  (A) between a place in a State and a place 
                outside of the State; or
                  (B) that affects trade or transportation 
                between a place in a State and a place outside 
                of the State.
          (2) Hazardous material.--The term ``hazardous 
        material'' has the meaning given that term in section 
        5102 of title 49, United States Code.
          (3) Person.--The term ``person'', in addition to its 
        meaning under section 1 of title 1, United States 
        Code--
                  (A) includes a government, Indian tribe, or 
                authority of a government or tribe offering 
                security sensitive material for transportation 
                in commerce or transporting security sensitive 
                material to further a commercial enterprise; 
                but
                  (B) does not include--
                          (i) the United States Postal Service; 
                        and
                          (ii) in section 2104, a department, 
                        agency, or instrumentality of the 
                        Government.
          (4) Security sensitive material.--The term ``security 
        sensitive material'' has the meaning given that term in 
        section 1501 of the Implementing Recommendations of the 
        9/11 Commission Act of 2007 (6 U.S.C. 1151).
          (5) Transports; transportation.--The term 
        ``transports'' or ``transportation'' means the movement 
        of property and loading, unloading, or storage 
        incidental to such movement.
        
        

               ADDITIONAL, MINORITY, AND DISSENTING VIEWS

                             MINORITY VIEWS

   Committee Report to Accompany H.R. 2200--Transportation Security 
                    Administration Authorization Act

                              INTRODUCTION

    The Republican Members of the Committee on Homeland 
Security (``Committee'') are generally pleased that the 
Committee reported favorably to the full House the 
Transportation Security Administration Authorization Act (``the 
Act''), H.R. 2200. Republican Members are very concerned, 
however, by several trends manifested in the Committee's 
consideration of this legislation. Specifically, (1) the 
Democratic Majority rejected consideration of proposed 
amendments that might possibly trigger another Committee's 
jurisdiction; (2) the Majority continued to refuse to address 
President Obama's plan to relocate some Guantanamo Bay 
detainees to the United States of America; and (3) despite 
requests from President Obama's Administration to delay House 
consideration of the bill until the President names a new 
Assistant Secretary (Transportation Security Administration), 
the Majority insists on moving this bill forward precipitously 
to the House floor and is including unclear and unfunded 
mandates under an artificial sense of urgency.

                     GENERAL REPUBLICAN PROVISIONS

    The Republican Members are pleased that several Republican 
provisions were included in the final legislation reported from 
the Committee.
Section 213--Prohibition on outsourcing
    In October 2008, the TSA issued a Notice of Proposed 
Rulemaking (TSA-2008-0021) outlining its ``Large Aircraft 
Security Program'' (LASP). In that rulemaking, the TSA proposed 
using third-party private contractors to review general 
aviation manifest and conduct watch list verifications; the TSA 
was considering outsourcing ``no fly'' and ``selectee'' checks. 
The Republican Members find this intolerable, and the Committee 
adopted an amendment introduced by Representative Pete Olson 
that prohibits such a practice.
    Any check against the terrorist watch list, the ``no fly'' 
list, or the ``selectee'' list is an inherently governmental 
function and must be conducted by an authorized Federal, state, 
or local entity. The Intelligence Reform and Terrorism 
Prevention Act of 2004 (P.L. 108-458) required that the 
Department of Homeland Security reassume the responsibilities 
of conducting watch list verifications and the Congress 
appropriated tens of millions of dollars to that end. When the 
Secure Flight program is implemented, the Department shall no 
longer allow any non-governmental agency access to the 
consolidated terrorist watch list, no fly list, selectee list, 
or other derived sub-list. If the Department intends to include 
watch list checks as part of its Large Aircraft Security 
Program, then the Department must conduct those checks.
Section 227--In-line checked baggage screening systems
    Since 2007, the Congress has appropriated nearly $2 billion 
for the installation of in-line baggage and explosive detection 
systems (EDS). These systems improve airport efficiency, 
provide for more capable state-of-the-art technology, and 
reduce Transportation Security Administration (TSA) employee 
injuries by minimizing the manual handling of checked baggage. 
However, the Comptroller General of the United States 
(Comptroller General) has found that the TSA does not employ a 
risk-based resource allocation model in procuring and deploying 
these costly systems.
    Representative Charles Dent inserted section 227, which 
requires the Comptroller General to assess the TSA's progress 
in deploying in-line baggage and EDS, including estimated costs 
and milestones for replacing current systems nearing the end of 
their useful product life. The section requires semi-annual 
briefings following the initial report to ensure the Committee 
is updated on of this costly but necessary program. Given that 
many of these systems were purchased immediately following the 
terrorist attacks of September 11, 2001, most will need to be 
replaced simultaneously. It is therefore imperative that the 
TSA develop a replacement program that includes a mix of 
refurbishments and replacements to ensure a multi-billion 
dollar recapitalization effort can be distributed over several 
fiscal years.
Section 234--Registered traveler
    Section 109(a)(3) of the Aviation Transportation Security 
Act (P.L. 107-71), authorized the TSA to establish ``trusted 
passenger programs'' and use available technologies to expedite 
the security screening of passengers who participate in such 
programs to focus security screening resources on those 
passengers perceived to be an unknown or greater threat to 
aviation security. Based on this authorization, TSA created the 
``Registered Traveler'' program whereby travelers who underwent 
a comprehensive security threat assessment by the TSA could 
receive expedited screening at airport security checkpoints.
    The Republican Members are supportive of the Registered 
Traveler program and were disappointed when, in July 2008, TSA 
unilaterally determined that there was no security benefit 
substantively gained by the TSA's security threat assessment. 
The security threat assessment process, which is also part of 
routine background checks for certain airport personnel and air 
cargo handlers, includes a check against the consolidated 
terrorist watch list, immigration, and law enforcement 
databases. Non-Registered Traveler passengers only undergo a 
terrorist watch list check.
    Representative Daniel Lungren included section 234 during 
Subcommittee consideration, requiring the Assistant Secretary 
to make a determination within 120 days of enactment of whether 
the Registered Traveler program could be integrated into risk-
based airport security operations whereby a Registered Traveler 
would receive expedited screening at airport security 
checkpoints. If the Assistant Secretary does determine that the 
Registered Traveler program can be integrated into risk-based 
airport security operations, then security threat assessments 
would be reinstated as part of the Registered Traveler 
enrollment process, and Registered Traveler providers would be 
permitted to perform private sector background checks.
    The Committee believes that the Registered Traveler program 
can be an effective risk-management tool and should be 
permitted to realize its full potential as envisioned by the 
Congress.

Section 237--Reimbursement for airports that have incurred eligible 
        costs

    Republican Members are pleased that the bill approved by 
the Committee includes a provision authored by Representative 
Gus Bilirakis. This provision provides for reimbursement of 
airports that used their own funding to install explosive 
detection systems after the September 11th terrorist attacks. 
These airports installed these systems after receiving 
assurances from the Federal government that they would be 
reimbursed; to date, they have not received the promised 
reimbursement.
    Congress addressed this issue in section 1604 of the 
Implementing Recommendations of the 9/11 Commission Act (P.L. 
110-53) (9/11 Act), but despite this explicit direction in 
2007, the TSA has not yet reimbursed eligible airports. As a 
result, Representative Bilirakis' provision requires the TSA to 
establish a process for resolving reimbursement claims within 
six months of receiving them. It also requires TSA to report to 
the Committee on Homeland Security and outline the process used 
for the consideration of reimbursement claims, including a 
reimbursement schedule.
    Republican Members of the Committee intend to continue 
their oversight of this issue to ensure that airports that did 
the right thing to protect the traveling public after the 
September 11th terrorist attacks receive the reimbursement 
Congress required in a timely fashion.

Sections 309 and 310--Underwater tunnel and passenger rail security 
        demonstration projects

    Section 309 requires the Department to begin actual testing 
of promising technologies to prevent the flooding of underwater 
tunnels in the event of a terrorist attack. Similarly, section 
310 requires the Department to test technologies designed to 
detect and defeat improvised explosive devices left on open 
rail tracks and station platforms. Ranking Member Peter King 
sponsored both of these sections.
    Members on both sides of the aisle recognize that the 
consequences and potential loss of life of a successful attack 
on a mass transit passenger train in an underwater tunnel could 
be severe. Washington, D.C., San Francisco, and New York City 
all have underwater tunnels that are utilized by mass transit. 
With millions of passengers on these systems daily, it is vital 
that technologies that can prevent such catastrophes or 
mitigate their consequences be developed. The Republican 
Members are pleased that the Department is developing such 
technologies, but believes that real-world tests, using actual 
water pressure, are vital to further refining these systems 
before deployment. The Committee also adopted an amendment by 
Ranking Member King that sets a deadline for a full-scale 
demonstration of this technology within 180 days of enactment 
and authorizes $8 million for the pilot program under this 
section.
    Further, Republican Members remain concerned that, despite 
significant technological advances on the battlefield to 
address the threat of improvised explosive devices (IEDs), not 
enough has been done to migrate this technology toward civilian 
application. Given the enemy's propensity to attack passenger 
rail lines (Spain, England, India), developing and fielding new 
technologies to defeat these relatively simple but effective 
weapons must be a priority.

Section 311--Explosives detection canine teams

    The importance of explosive detection canine teams to the 
mission of security in both aviation and surface transportation 
environments cannot be overemphasized. Canines are unmatched in 
their ability to detect explosives and to deter their 
introduction. For these reasons, the Committee adopted an 
amendment by Representative Mike Rogers of Alabama requiring 
that the TSA deploy no fewer than 200 explosive detection 
canine teams by the end of fiscal year 2011. To support this 
increase, Representative Rogers' amendment establishes a 
minimum authorization level of $75,000 per year for 
reimbursement to state and local agencies. This will ensure 
that the needs of states and localities to secure their 
transportation environments with canines and canine handlers 
are more adequately met.
    Funds appropriated pursuant to this authorization shall go 
solely toward reimbursements for canine handler expenses, and 
not to any other program. This section also requires an 
expansion of the use of canines trained to detect vapor wake 
trails in rail and other public transportation environments.

Section 402--Animal propelled vessels

    Recently, the Committee learned that two vessels in 
Pennsylvania drawn along a confined canal by animals are 
required by the U.S. Coast Guard to be operated by licensed 
mariners because they carry more than six persons for hire. The 
requirements of 46 U.S.C. 70105 dictate that any individual who 
is issued a ``license, certificate of registry, or merchant 
mariners document'' must be issued a TWIC card, with no 
provision for exceptions. This section, included by 
Representative Dent, provides relief for this very limited and 
specific group of individuals, provided the individuals operate 
a vessel that does not enter or contain onboard ``secure 
areas,'' as designated under 46 U.S.C. 70103. The Committee 
recognizes that the Department has determined that information 
currently received through the regular licensing process for 
such operators is sufficient for the purposes of identifying 
and credentialing these mariners, and that this limited 
exemption is ``risk neutral.'' This exception does not, 
however, exempt individuals from possessing a transportation 
security card if the individual is also employed in such a 
manner as to require unescorted access to secure areas of 
vessels or facilities designated under 46 U.S.C. 70103.

   REPUBLICAN PROVISIONS REJECTED OR DEFEATED BECAUSE OF JURISDICTION

    A number of common sense provisions were not included by 
the Majority, or were watered down to avoid implicating the 
jurisdiction of other committees. Rather than produce a good 
bill and negotiate final language with other committees as 
Republicans did many times before, the Majority repeatedly opts 
to allow only provisions to be considered in Committee that are 
wholly within the Committee on Homeland Security's Rule X 
jurisdiction.
    For example, Republican Members are extremely disappointed 
that Representative Lungren's amendment to provide criminal 
investigative training to Federal Air Marshals (FAMs) was not 
adopted. Prior to 9/11, the criminal investigative training 
program at the Federal Law Enforcement Training Center was an 
essential part of basic training for FAMs. Following 9/11, 
however, the explosive growth in the FAMs program necessitated 
the rapid hiring, training, and deployment of thousands of 
FAMs. To meet these new deployment mandates, newly hired FAMs 
without prior Federal law enforcement experience were not 
required to take the criminal investigative training program. 
Nevertheless, it has always been the intent of the Federal Air 
Marshal Service to once again include this program as part of 
basic training. Representative Lungren's amendment would have 
restored the criminal investigative training program as part of 
basic training for FAMs.
    FAMs consistently seek greater training opportunities to 
improve the Federal Air Marshal Service. Such training 
increases morale, provides more opportunities for advancement 
within the Service, and affords FAMs the opportunity to pursue 
other Federal law enforcement opportunities. While section 204 
of the Act establishes an Office of the Ombudsman in the 
Federal Air Marshal Service to improve morale, training, and 
quality of life issues, the failure to adopt Representative 
Lungren's amendment clearly reflects the Majority's 
disingenuous intent.
    Committee Democrats opposed this amendment citing (wrongly) 
that if FAMs were to receive criminal investigative training, 
they could be reclassified as criminal investigators. Such a 
reclassification could allegedly open the debate on whether 
FAMs are exempt from the overtime pay provisions of the Fair 
Labor Standards Act. This conclusion was surprising given that 
Representative Lungren's amendment expressly provided that 
``nothing in this subsection shall be construed to reclassify 
Federal Air Marshals as criminal investigators.'' In truth, the 
Majority objected to the provision because, as drafted, it 
could have triggered a referral to the Committee on the 
Judiciary and would have, in effect, slowed the bill's fast 
track to consideration on the House Floor. This worthy 
provision, which would have improved FAMs' morale and 
employment opportunities, was rejected out of fear of a 
possible jurisdictional squabble.
    Republicans are similarly disappointed that the Majority 
saw no value in affirming TSA employees' rights to protect 
themselves during a public health emergency. A Republican 
amendment offered by Representative Broun would simply have 
allowed any TSA employee to choose to wear a protective 
facemask in the event of a pandemic flu outbreak or other 
public health emergency. TSA employees encounter two million 
domestic and international passengers every day and should not 
be prohibited by their supervisors from wearing the appropriate 
personal protective equipment in the event of a public health 
emergency, particularly when the disease is both contagious and 
deadly. The National Treasury Employees Union (NTEU), which 
represents many of these employees, voiced strong support for 
this provision designed to protect the TSA's front-line 
officers. Rejection of this provision served neither person nor 
principle. In fact, the only reason this provision was 
essentially gutted by the Majority with a ``perfecting'' 
amendment, and any references to a public health emergency 
removed, is because the provision could have allowed the 
Committee on Energy and Commerce to review the language 
requiring the Secretary of Homeland Security to collaborate 
with the Secretary of Health and Human Services.
    Republican Members of the Committee also support a 
provision authored by Representative Bilirakis that would 
require the Comptroller General to conduct a study on the roles 
and responsibilities of the Department of Homeland Security and 
the Department of Transportation with respect to pipeline 
security, and provide a report on the results of the study to 
the Committee on Homeland Security within six months. The 
Majority rejected the study, not as a matter of policy, but 
rather because the study would have required consultations with 
the Committee on Transportation and Infrastructure.
    The study was to include an assessment of whether the Annex 
to the Memorandum of Understanding, executed on August 9, 2006, 
between the Department of Homeland Security and the Department 
of Transportation adequately delineated strategic and 
operational responsibilities for pipeline security, including 
whether it is clear which Department is responsible for 
protecting against intentional pipeline breaches; responding to 
intentional pipeline breaches; and planning to recover from the 
effects of intentional pipeline breaches. The study was also to 
include an assessment of whether the respective roles and 
responsibilities of each Department are adequately conveyed to 
relevant stakeholders and to the public, and whether the 
processes and procedures for determining whether a particular 
pipeline breach is a terrorist incident are clear and 
effective.
    The provision required the Secretary of Homeland Security 
to review and analyze the Government Accountability Office 
study and report to the Committee on Homeland Security on the 
review and analysis, including any recommendations for changes 
to the Annex to the Memorandum of Understanding between the 
Department of Homeland Security and the Department of 
Transportation or other improvements to pipeline security 
activities at the Department of Homeland Security.
    Republican Members of the Committee are disappointed that 
this provision was not included in the bill during Committee 
consideration due to these jurisdictional concerns. The 
exclusion of this provision is just one more example of the 
need to consolidate congressional jurisdiction over the 
Department of Homeland Security, a key recommendation of the 9/
11 Commission. However, Republican Members are pleased that the 
Majority indicated its commitment to work with Representative 
Bilirakis to include this provision when H.R. 2200 is 
considered by the full House.

   MAJORITY'S REFUSAL TO ADDRESS HOMELAND SECURITY THREATS POSED BY 
              POSSIBLE GUANTANAMO BAY DETAINEE RELOCATION

    Republican Members of the Committee strongly oppose 
President Obama's precipitous and premature decision to close 
the detention center at the Naval Station at Guantanamo Bay, 
Cuba, before a plan is in place identifying where to relocate 
and try these detainees. The potential transfer or release of 
any Guantanamo (GTMO) detainee into the United States is a 
significant homeland security risk to our Nation.
    As such, Republican Members at the markup unanimously 
supported an amendment authored by Representative Mark Souder 
that would have placed any detainee housed at Guantanamo Bay on 
or after January 1, 2009 on the TSA's ``no fly'' list. However, 
Republican Members strongly opposed the adoption of a 
``perfecting'' amendment authored by Representative Bill 
Pascrell that returned to the President the sole authority to 
determine if a former Guantanamo detainee should be assigned to 
the ``no fly'' list.
    Republican Members believe the Committee must assert its 
jurisdiction and conduct vigorous oversight of the transfer or 
release of detainees currently housed at Guantanamo Bay. This 
Committee is the primary authorizing Committee for the 
Department of Homeland Security, which was created to protect 
our homeland after the September 11, 2001 attacks that killed 
nearly 3,000 Americans. With many detainees currently at 
Guantanamo Bay guilty or complicit in those attacks, including 
admitted mastermind Khalid Sheik Mohammad, it is logical and 
justified for the Committee to take a lead role in securing 
American citizens. As a member of the President's task force 
for review of detention policy, the Secretary of Homeland 
Security is playing an integral role in the disposition of 
Guantanamo detainees.
    Ranking Member Souder made the case on behalf of Republican 
Members when he stated that the transfer or release of any 
detainee was a matter of homeland security and the Committee 
needed to have a serious debate about if, and under what 
circumstances it would be appropriate to bring GTMO detainees 
into the United States.
    Ranking Member King pointed out that the term 
``disposition'' in Representative Pascrell's perfecting 
amendment was vague and created ambiguity about whether a 
former Guantanamo detainee could fly into the United States. 
For example, if the President determined that a detainee should 
be added to the ``no fly'' list and the detainee was later 
released by a court into the United States, would that 
supersede the President's determination? Republican Members 
continue to believe that the only way to ensure GTMO detainees 
can no longer threaten U.S. commercial aviation is through 
Congressional action.
    Republican Members also wholeheartedly support 
Representative Lungren's seemingly obvious point that if the 
Federal government were going to start from scratch to create a 
``no fly'' list, at the very least it should include terrorists 
detained at GTMO. Americans should be confident that they would 
not be seated on an airplane next to a former Guantanamo 
detainee who has killed Americans, plotted attacks, and 
sympathized with terrorist organizations such as al Qaeda.
    Republican Members are disappointed to hear from Chairman 
Bennie Thompson that the Majority staff--without Minority 
staff--has been briefed on the progress of the Obama 
Administration's disposition process for detainees. To date, 
Committee Republican staff has only participated in an 
expedited House-wide briefing that yielded no new information 
that wasn't already available from open media sources. Despite 
repeated requests, Republican Members have yet to receive an 
offer for a classified briefing from the Administration 
regarding the detainee review process, and Chairman Thompson 
has thus far rejected Republican requests for a Committee-wide 
oversight inspection of GTMO facilities.
    Media reports indicate the Administration has determined 
that 17 Chinese Uighurs deemed ``non-threatening'' will be 
released into the United States in the near future. In 
addition, according to Director of National Intelligence Dennis 
Blair, the Uighurs could be given monetary support to 
assimilate into the United States. Republican Members are 
deeply concerned by the lack of information provided regarding 
the circumstances of the Uighurs' capture, and believe 
classified briefings to Members of Congress are required to 
determine the threat posed to the homeland.
    Despite the public perception of the Chinese Uighurs as 
innocent farmers in the wrong place at the wrong time, 
Republican Members believe their release into the United States 
is dangerous. The Uighurs are members of the East Turkmenistan 
Islamic Movement, an Islamic separatist group classified by the 
U.S. State Department as a terrorist organization. Furthermore, 
the Uighurs were trained at terrorist training camps in 
Afghanistan and captured by the U.S. military during bombing 
campaigns at Tora Bora, Afghanistan in 2002. More information 
is required for the American public to fully understand the 
ramifications of the release of the Chinese Uighurs into the 
United States.
    Republican Members are also concerned that any location the 
President chooses for transfer or release of a Guantanamo 
detainee will immediately become a target for future terrorist 
attacks. Release or transfer of detainees to locations such as 
New York City and Northern Virginia--both previous terrorist 
targets--creates major security challenges. Republican Members 
believe these locations should not be made any more vulnerable, 
and that the President should take this into consideration as 
he implements his as yet-undeveloped detainee policies.
    For these reasons, Republican Members believe the President 
shouldn't arbitrarily decide on behalf of all Americans which 
detainees should be allowed in the country or to fly on 
commercial aircraft. As President Obama himself admitted on 
March 22, 2009 during an interview with 60 Minutes, it is very 
difficult for the United States to determine which detainees 
are not truly dangerous individuals. In fact, military experts 
now believe that over 60 former detainees have returned to the 
battlefield after release from GTMO. Based on the President's 
own statement, and official statistics provided by the 
Department of Defense, the adoption by the Majority of 
Representative Pascrell's perfecting amendment means that 
Americans cannot be 100% sure they will not be seated next to a 
former GTMO detainee while flying commercially.

         UNANSWERED QUESTIONS BECAUSE OF AN ARTIFICIAL URGENCY

    The Republican Members are concerned by the Committee's 
swift action on H.R. 2200, which received no legislative 
hearings prior to either Subcommittee or full Committee 
consideration. New programs and initiatives included in this 
bill never received a public airing, and the cost associated 
with several of these new programs is unknown and a cause for 
concern.
    For example, section 211 of the Act requires all flight 
attendants to receive not less than five hours of advanced 
self-defense training every two years, but is completely silent 
as to where such training should be given, and who should pay 
for it. According to the Bureau of Labor Statistics, there were 
over 96,700 flight attendants in 2006. Presumably the 
Majority's intent is to force the airlines to pay for the 
training of nearly 100,000 flight attendants, but given current 
financial hardships and the President's stated intention to 
increase passenger security fees beginning in 2012, the 
resultant fare increases necessary to maintain airline solvency 
could result in fewer passengers and further erode the economic 
health of some airlines.
    Republican Members recognize that flight attendants play an 
integral role in the safety and security of passenger air 
travel, and commend the bravery and sacrifice of those flight 
attendants who were killed during the course of the 9/11 
hijackings. This is precisely why the current optional training 
regiment provides for eight hours of annual training. TSA 
currently allocates over $2 million annually to provide this 
free and optional eight-hour training course to flight 
attendants. Reducing the training from eight hours annually to 
five hours biennially decreases the training time spent on 
learning these techniques by more than two-thirds. Further, 
mandating such training without allowing flight attendants to 
opt out significantly changes the public expectations of the 
role of the flight attendant in the event of an unruly 
passenger. Does the Majority now expect the flight attendant to 
forcibly subdue an intoxicated or otherwise unruly passenger?
    Republican Members are frustrated that section 201 of the 
Act quietly extends the screening deadline for inbound air 
cargo on passenger aircraft from August 3, 2010, to two years 
after the Act's enactment. Similarly, section 206 of the Act 
removes the deadline for the Secretary to issue regulations 
addressing foreign repair station security. These regulations, 
due in April 2008, were never issued. These extensions clearly 
show that, as the Republican Minority highlighted repeatedly 
during debate on the 9/11 Act, the Democratic Majority 
instituted unobtainable policies in the 110th Congress for 
political gain, without regard to feasibility or cost, and now 
finds itself in the difficult situation of walking back those 
policies.
    Each of these provisions was pushed through Committee 
without any input from the Department of Homeland Security 
(DHS) or the Transportation Security Administration. Rather 
than waiting for President Obama to name an Assistant Secretary 
(Transportation Security Administration), the Majority is 
moving this piece of legislation forward aggressively to the 
House floor for consideration. It should be noted that, aside 
from extending missed Democratic-instituted deadlines or 
rescinding unrealistic Democratic policies included in the 9/11 
Act, there are no expiring authorities that necessitate such 
swift action on this legislation. In addition, Congress has not 
passed a TSA authorization bill since the agency was created in 
2001 and moved to DHS in 2003. Therefore, it defies reason as 
to why the Majority insists on moving this legislation forward 
so quickly, especially when President Obama's Administration 
asked for a reasonable delay to ensure senior DHS officials are 
in place to provide critical input.
    It remains the Republican Members' sincere hope that the 
Department of Homeland Security and the Transportation Security 
Administration are both provided ample opportunity to provide 
substantive input on this legislation before it moves forward 
to the House floor and the Members of Congress are asked to 
vote on a $15.7 billion authorization absent all the facts. To 
do anything less would be ill advised and contrary to repeated 
requests by Republican Members and the Obama Administration.
                                   Peter T. King.
                                   Mike Rogers.
                                   Paul C. Broun.
                                   Michael T. McCaul.
                                   Lamar S. Smith.
                                   Mark E. Souder.
                                   Daniel E. Lungren.
                                   Gus M. Bilirakis.
                                   Charles W. Dent.
                                   Pete Olson.
                                   Anh Cao.
                                   Steve Austria.

             ADDITIONAL AND DISSENTING VIEWS OF MARK SOUDER

    Protecting Americans is the primary responsibility of the 
U.S. government and the reason the Committee on Homeland 
Security was created. There are over 200 detainees being held 
at Naval Station Guantanamo Bay (GTMO). The President decided 
to close GTMO without a plan or strategy in place regarding 
where they will be held, what type of legal review they will 
receive and what security measures will be in place for those 
released into U.S. communities.
    I offered an amendment during the Committee markup of H.R. 
2200, to protect the American traveling public by requiring all 
detainees held at GTMO be placed on the No Fly List maintained 
by the Transportation Security Administration (TSA). While I do 
not agree with President Obama's intent to close GTMO, 
especially without having a clear plan, I believe it is 
essential that Congress take proactive measures to ensure 
safety of the American people.
    On April 30th, Defense Secretary Gates confirmed that a 
number of Chinese Uyghurs will be released in the U.S. as soon 
as final details are complete. While most of the details 
regarding these detainees are classified, public reports state 
that they trained with Al Qaeda, have possible links with the 
East Turkestan Islamic Movement, and are linked to Al Qaeda 
leadership. If the President insists on releasing these 
individuals into the United States, I believe that these 
security concerns demonstrate a clear need for restrictions on 
their freedom to travel within the U.S.
    On May 13, 2009, during the Committee hearing on the FY10 
budget with Secretary Napolitano, in response to questions 
about DHS security responsibilities should GTMO detainees be 
transferred to the U.S., stated that efforts have to be taken 
``to ensure Americans are confident in their safety'' and 
recognized that the Department has a role ``to provide 
information on what protections are needed in the homeland 
should GTMO detainees be released.'' However, given that the 
Secretary failed to specify what these ``protections'' might be 
with this Committee in public and can't commit to doing so in a 
closed briefing, I believe we have an obligation to take 
appropriate steps to protect citizens and the traveling public.
    In addition to the Uyghurs, there is the danger that other 
detainees will be transferred into U.S. prisons or DHS 
detention facilities, where they will have Constitutional 
protections, and a Judge could order their release. Based on a 
Supreme Court ruling, DHS is forced to release illegal aliens, 
including many dangerous ones, after 180 days if they are 
unable to deport them. How can we be assured that the GTMO 
detainees would be treated differently?
    While I do not support closing GTMO, I think we have to 
take steps bolster security should they come here. Instead of 
supporting this common sense security amendment, the Democrats 
changed this provision, scaling back the important security 
enhancement, and allowing the President sole discretion in 
determining whether or not to place detainees on the No Fly 
list.
    I chose not to vote in support of the final bill, voting 
``present'' instead, to voice my disappointment and displeasure 
that this provision was weakened and creates a terrorist 
loophole in domestic aviation. I will work through the House 
Floor process and during conference negotiations with the 
Senate to strengthen this critical provision to ensure that air 
travelers within the United States are secure and not at risk 
of flying home for Christmas next to a GTMO detainee.
                                   Mark E. Souder.

             ADDITIONAL COMMENTS OF CONGRESSMAN PETE OLSON

    I was unavoidably delayed for the vote on the adoption of 
the amendment in the nature of a substitute, as amended, for 
H.R. 2200, the Transportation Security Administration 
Authorization Act. At the time I was fulfilling an obligation 
as a member of the Committee on Science and Technology. Had I 
been present I would have voted ``aye.''
    H.R. 2200 is an important, bi-partisan piece of legislation 
and I support its passage. In particular, I was pleased the 
Committee adopted my common-sense amendment regarding 
outsourcing of the terrorist watch list to third party private 
contractors. Access to the terrorist watch list, no fly list, 
and selectee list should be limited to only governmental 
agencies.
    When Congress passed the Intelligence Reform and Terrorism 
Prevention Act of 2004 (P.L. 108-458), it included a 
requirement that the Department of Homeland Security begin 
assuming the responsibilities of prescreening airline 
passengers by July 2005. Congress then delayed the 
implementation of the program, dubbed ``Secure Flight,'' 
largely out of privacy concerns. It therefore defies logic as 
to why the Transportation Security Administration would again 
consider outsourcing its selectee and no fly lists to 
contractors.
    Denying an individual their right to travel on public 
transportation is an inherently governmental function. It must 
be carried out by a government agency and be subject to regular 
scrutiny.
    My amendment ensures that once the government fully 
implements the Secure Flight program and assumes the 
responsibilities of watch list verifications, it does not 
revert back to allowing private entities to conduct no fly, 
selectee, or watch list checks. Based on the TSA's Large 
Aircraft Security Program proposal, it seems that outsourcing 
the watch list verifications was something being considered. I 
say ``absolutely not.''
    My amendment also takes the next step by requiring the TSA 
to inform this Committee whenever it authorizes a non-
governmental entity from conducting watch list verifications. 
With so much controversy surrounding the terrorist watch list, 
the selectee list, and the no fly list, it only makes sense to 
ensure the Congress maintains strict scrutiny on these 
programs.
                                   Pete Olson.

                                  
