[House Report 115-37]
[From the U.S. Government Publishing Office]


115th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                             { 115-37

======================================================================
 
              TSA ADMINISTRATOR MODERNIZATION ACT OF 2017

                                _______
                                

 March 15, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1309]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1309) to streamline the office and term of the 
Administrator of the Transportation Security Administration, 
and for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Disclosure of Directed Rule Makings..............................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    The purpose of H.R. 1309 is to update the office and term 
of the Administrator of the Transportation Security 
Administration (TSA) to conform with current policy. H.R. 1309, 
the ``TSA Administrator Modernization Act of 2017,'' re-
establishes the official position, level, and term of the TSA 
Administrator. It also adds the Administrator as an officer of 
the Department of Homeland Security (DHS) and ensures that the 
Administrator's level and pay rate are appropriate for an 
Assistant Secretary. Additionally, this bill updates Federal 
statute to reflect current policy by clarifying that TSA is a 
component of DHS and ensuring that the Administrator has the 
appropriate title, as well as the 5-year term originally 
intended by Congress.

                  Background and Need for Legislation

    The TSA was originally created in 2001 as part of the 
Department of Transportation (DOT). However, when TSA and its 
functions were transferred from DOT to DHS via the Homeland 
Security Act of 2002, the Administrator's position and 5-year 
term officially terminated. Since the Administrator's position 
and term did not transfer, DHS has been using one of the 
available Assistant Secretary positions for the Administrator.
    This creates problems with transparency and consistency. 
Since 2015, five different people have served as the TSA 
Administrator-both as appointees and as acting administrators. 
Additionally, Administrator Neffenger offered his resignation 
to President Trump in January 2017 after less than 2 years of 
service, since the 5-year term was no longer in effect. This 
bill addresses these issues and gaps by re-establishing the 
Administrator's position, level, and term, which will ensure 
more consistent leadership at TSA.

                                Hearings

    The Committee did not hold any legislative hearings on H.R. 
1309 in the 115th Congress. However, this legislation was 
informed by a Subcommittee on Transportation and Protective 
Security Subcommittee hearing on February 2, 2017, entitled 
``The Future of the Transportation Security Administration.'' 
The Subcommittee received testimony from Mr. Roger Dow, CEO, 
U.S. Travel Association; Ms. Nina Brooks, Head of Security, 
Airports Council International; and Mr. J. David Cox, National 
President, American Federation of Government Employees.

                        Committee Consideration

    The Committee met on March 8, 2017, to consider H.R. 1309, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, 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.
    No recorded votes were requested during consideration of 
H.R. 1309.

                      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. 
1309, the TSA Administrator Modernization Act of 2017, 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.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 13, 2017.
Hon. Michael McCaul,
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. 1309 the TSA 
Administrator Modernization Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 1309--TSA Administrator Modernization Act of 2017

    H.R. 1309 would amend current law to specify the term of 
the Administrator of the Transportation Security Administration 
(TSA) and clarify other details regarding that position within 
the Department of Homeland Security (DHS).
    According to DHS, the proposed changes to current law would 
codify longstanding policy regarding the role and position of 
the TSA Administrator within DHS; as a result, CBO estimates 
that enacting the bill would not affect federal spending.
    Enacting H.R. 1309 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 1309 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 1309 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, 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. 1309 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation ensures that the Administrator of the 
Transportation Security Administration (TSA), and TSA in 
general, is able to effectively carry out the proper 
responsibilities within the Department by clarifying the role, 
title, and term of the office.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 1309 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   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(e), 9(f), or 9(g) 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.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1309 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1309 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  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


Section 1.   Short title

    This section provides that this bill may be cited as the 
``TSA Administrator Modernization Act of 2017''.

Sec. 2.   Amendments to the Homeland Security Act of 2002 and Title 5, 
        United States Code

    This section amends the Homeland Security Act of 2002 by 
reducing from 12 to 11 the number of Assistant Secretaries 
available under subparagraph (I) of paragraph (1) of section 
103(a), and by adding the Administrator of the Transportation 
Security Administration as an officer of DHS under paragraph 
(1) of section 103(a).
    Additionally, this section amends Section 5315 of Title 5 
of the United States Code to include the TSA Administrator as a 
position to which Level IV of the Executive Schedule applies.

Sec. 3.   Amendments to Title 49, United States Code

    This section amends Section 114 of Title 49 of the United 
States Code by striking references to the Department of 
Transportation, Secretary of Transportation, and Under 
Secretary of Transportation for Security and replacing them 
with references to the Department of Homeland Security, 
Secretary of Homeland Security, and Administrator of the 
Transportation Security Administration, as appropriate.
    This section also amends Section 114 of Title 49 of the 
United States Code by replacing ``Federal Security Managers'' 
with ``Federal Security Directors'' in subparagraph (6) of 
subsection (f), and inserting ``air carriers or'' before 
``foreign air carriers'' in subparagraph (14) of subsection 
(f).

         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 italics, and existing law in which no 
change is proposed is shown in roman):

HOMELAND SECURITY ACT OF 2002

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                TITLE I--DEPARTMENT OF HOMELAND SECURITY

          * * * * * * *

SEC. 103. OTHER OFFICERS.

  (a) Deputy Secretary; Under Secretaries.--
          (1) In general.--Except as provided under paragraph (2), 
        there are the following officers, appointed by the President, 
        by and with the advice and consent of the Senate:
                  (A) A Deputy Secretary of Homeland Security, who 
                shall be the Secretary's first assistant for purposes 
                of subchapter III of chapter 33 of title 5, United 
                States Code.
                  (B) An Under Secretary for Science and Technology.
                  (C) A Commissioner of U.S. Customs and Border 
                Protection.
                  (D) An Administrator of the Federal Emergency 
                Management Agency.
                  (E) A Director of the Bureau of Citizenship and 
                Immigration Services.
                  (F) An Under Secretary for Management, who shall be 
                first assistant to the Deputy Secretary of Homeland 
                Security for purposes of subchapter III of chapter 33 
                of title 5, United States Code.
                  (G) A Director of U.S. Immigration and Customs 
                Enforcement.
                  (H) An Under Secretary responsible for overseeing 
                critical infrastructure protection, cybersecurity, and 
                other related programs of the Department.
                  (I) Not more than [12] 11 Assistant Secretaries.
                  (J) A General Counsel, who shall be the chief legal 
                officer of the Department.
                  (K) An Under Secretary for Strategy, Policy, and 
                Plans.
                  (L) An Administrator of the Transportation 
                Security Administration, in accordance with 
                section 114 of title 49, United States Code.
          (2) Assistant secretaries.--If any of the Assistant 
        Secretaries referred to under paragraph (1)(I) is 
        designated to be the Assistant Secretary for Health 
        Affairs, the Assistant Secretary for Legislative 
        Affairs, or the Assistant Secretary for Public Affairs, 
        that Assistant Secretary shall be appointed by the 
        President without the advice and consent of the Senate.
  (b) Inspector General.--There shall be in the Department an 
Office of Inspector General and an Inspector General at the 
head of such office, as provided in the Inspector General Act 
of 1978 (5 U.S.C. App.).
  (c) Commandant of the Coast Guard.--To assist the Secretary 
in the performance of the Secretary's functions, there is a 
Commandant of the Coast Guard, who shall be appointed as 
provided in section 44 of title 14, United States Code, and who 
shall report directly to the Secretary. In addition to such 
duties as may be provided in this Act and as assigned to the 
Commandant by the Secretary, the duties of the Commandant shall 
include those required by section 2 of title 14, United States 
Code.
  (d) Other Officers.--To assist the Secretary in the 
performance of the Secretary's functions, there are the 
following officers, appointed by the President:
          (1) A Director of the Secret Service.
          (2) A Chief Information Officer.
          (3) An Officer for Civil Rights and Civil Liberties.
          (4) A Director for Domestic Nuclear Detection.
          (5) Any Director of a Joint Task Force under section 
        708.
  (e) Chief Financial Officer.--There shall be in the 
Department a Chief Financial Officer, as provided in chapter 9 
of title 31, United States Code.
  (f) Performance of Specific Functions.--Subject to the 
provisions of this Act, every officer of the Department shall 
perform the functions specified by law for the official's 
office or prescribed by the Secretary.
  (g) Vacancies.--
          (1) Absence, disability, or vacancy of secretary or 
        deputy secretary.--Notwithstanding chapter 33 of title 
        5, United States Code, the Under Secretary for 
        Management shall serve as the Acting Secretary if by 
        reason of absence, disability, or vacancy in office, 
        neither the Secretary nor Deputy Secretary is available 
        to exercise the duties of the Office of the Secretary.
          (2) Further order of succession.--Notwithstanding 
        chapter 33 of title 5, United States Code, the 
        Secretary may designate such other officers of the 
        Department in further order of succession to serve as 
        Acting Secretary.
          (3) Notification of vacancies.--The Secretary shall 
        notify the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives of 
        any vacancies that require notification under sections 
        3345 through 3349d of title 5, United States Code 
        (commonly known as the ``Federal Vacancies Reform Act 
        of 1998'').

           *       *       *       *       *       *       *

                              ----------                              


TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5315. Positions at level IV

  Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Administrator of General Services.
          Associate Administrator of the National Aeronautics 
        and Space Administration.
          Assistant Administrators, Agency for International 
        Development (6).
          Regional Assistant Administrators, Agency for 
        International Development (4).
          Assistant Secretaries of Agriculture (3).
          Assistant Secretaries of Commerce (11).
          Assistant Secretaries of Defense (14).
          Assistant Secretaries of the Air Force (4).
          Assistant Secretaries of the Army (5).
          Assistant Secretaries of the Navy (4).
          Assistant Secretaries of Health and Human Services 
        (6).
          Assistant Secretaries of the Interior (6).
          Assistant Attorneys General (11).
          Assistant Secretaries of Labor (10), one of whom 
        shall be the Assistant Secretary of Labor for Veterans' 
        Employment and Training.
          Administrator, Wage and Hour Division, Department of 
        Labor.
          Assistant Secretaries of State (24) and 4 other State 
        Department officials to be appointed by the President, 
        by and with the advice and consent of the Senate.
          Assistant Secretaries of the Treasury (10).
          Members, United States International Trade Commission 
        (5).
          Assistant Secretaries of Education (10).
          General Counsel, Department of Education.
          Director of Civil Defense, Department of the Army.
          Deputy Director of the Office of Emergency Planning.
          Deputy Director of the Office of Science and 
        Technology.
          Deputy Director of the Peace Corps.
          Assistant Directors of the Office of Management and 
        Budget (3).
          General Counsel of the Department of Agriculture.
          General Counsel of the Department of Commerce.
          General Counsel of the Department of Defense.
          General Counsel of the Department of Health and Human 
        Services.
          Solicitor of the Department of the Interior.
          Solicitor of the Department of Labor.
          General Counsel of the National Labor Relations 
        Board.
          General Counsel of the Department of the Treasury.
          First Vice President of the Export-Import Bank of 
        Washington.
          Members, Council of Economic Advisers.
          Members, Board of Directors of the Export-Import Bank 
        of Washington.
          Members, Federal Communications Commission.
          Member, Board of Directors of the Federal Deposit 
        Insurance Corporation.
          Directors, Federal Housing Finance Board.
          Members, Federal Energy Regulatory Commission.
          Members, Federal Trade Commission.
          Members, Surface Transportation Board.
          Members, National Labor Relations Board.
          Members, Securities and Exchange Commission.
          Members, Merit Systems Protection Board.
          Members, Federal Maritime Commission.
          Members, National Mediation Board.
          Members, Railroad Retirement Board.
          Director of Selective Service.
          Associate Director of the Federal Bureau of 
        Investigation, Department of Justice.
          Members, Equal Employment Opportunity Commission (4).
          Director, Community Relations Service.
          Members, National Transportation Safety Board.
          General Counsel, Department of Transportation.
          Deputy Administrator, Federal Aviation 
        Administration.
          Assistant Secretaries of Transportation (5).
          Deputy Federal Highway Administrator.
          Administrator of the Saint Lawrence Seaway 
        Development Corporation.
          Assistant Secretary for Science, Smithsonian 
        Institution.
          Assistant Secretary for History and Art, Smithsonian 
        Institution.
          Deputy Administrator of the Small Business 
        Administration.
          Assistant Secretaries of Housing and Urban 
        Development (8).
          General Counsel of the Department of Housing and 
        Urban Development.
          Commissioner of Interama.
          Federal Insurance Administrator, Federal Emergency 
        Management Agency.
          Executive Vice President, Overseas Private Investment 
        Corporation.
          Members, National Credit Union Administration Board 
        (2).
          Members, Postal Regulatory Commission (4).
          Members, Occupational Safety and Health Review 
        Commission.
          Deputy Under Secretaries of the Treasury (or 
        Assistant Secretaries of the Treasury) (2).
          Members, Consumer Product Safety Commission (4).
          Members, Commodity Futures Trading Commission.
          Director of Nuclear Reactor Regulation, Nuclear 
        Regulatory Commission.
          Director of Nuclear Material Safety and Safeguards, 
        Nuclear Regulatory Commission.
          Director of Nuclear Regulatory Research, Nuclear 
        Regulatory Commission.
          Executive Director for Operations, Nuclear Regulatory 
        Commission.
          President, Government National Mortgage Association, 
        Department of Housing and Urban Development.
          Assistant Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as 
        Deputy Administrator of the National Oceanic and 
        Atmospheric Administration.
          Director, Bureau of Prisons, Department of Justice.
          Assistant Secretaries of Energy (8).
          General Counsel of the Department of Energy.
          Administrator, Economic Regulatory Administration, 
        Department of Energy.
          Administrator, Energy Information Administration, 
        Department of Energy.
          Director, Office of Indian Energy Policy and 
        Programs, Department of Energy.
          Director, Office of Science, Department of Energy.
          Assistant Secretary of Labor for Mine Safety and 
        Health.
          Members, Federal Mine Safety and Health Review 
        Commission.
          President, National Consumer Cooperative Bank.
          Special Counsel of the Merit Systems Protection 
        Board.
          Chairman, Federal Labor Relations Authority.
          Assistant Secretaries, Department of Homeland 
        Security.
          General Counsel, Department of Homeland Security.
          Officer for Civil Rights and Civil Liberties, 
        Department of Homeland Security.
          Chief Financial Officer, Department of Homeland 
        Security.
          Chief Information Officer, Department of Homeland 
        Security.
          Deputy Director, Institute for Scientific and 
        Technological Cooperation.
          Director of the National Institute of Justice.
          Director of the Bureau of Justice Statistics.
          Chief Counsel for Advocacy, Small Business 
        Administration.
          Assistant Administrator for Toxic Substances, 
        Environmental Protection Agency.
          Assistant Administrator, Office of Solid Waste, 
        Environmental Protection Agency.
          Assistant Administrators, Environmental Protection 
        Agency (8).
          Director of Operational Test and Evaluation, 
        Department of Defense.
          Director of Cost Assessment and Program Evaluation, 
        Department of Defense.
          Special Representatives of the President for arms 
        control, nonproliferation, and disarmament matters, 
        Department of State.
          Ambassadors at Large.
          Assistant Secretary of Commerce and Director General 
        of the United States and Foreign Commercial Service.
          Assistant Secretaries, Department of Veterans Affairs 
        (7).
          General Counsel, Department of Veterans Affairs.
          Commissioner of Food and Drugs, Department of Health 
        and Human Services
          Chairman, Board of Veterans' Appeals.
          Administrator, Office of Juvenile Justice and 
        Delinquency Prevention.
          Director, United States Marshals Service.
          Chairman, United States Parole Commission.
          Director, Bureau of the Census, Department of 
        Commerce.
          Director of the Institute of Museum and Library 
        Services.
          Chief Financial Officer, Department of Agriculture.
          Chief Financial Officer, Department of Commerce.
          Chief Financial Officer, Department of Education.
          Chief Financial Officer, Department of Energy.
          Chief Financial Officer, Department of Health and 
        Human Services.
          Chief Financial Officer, Department of Housing and 
        Urban Development.
          Chief Financial Officer, Department of the Interior.
          Chief Financial Officer, Department of Justice.
          Chief Financial Officer, Department of Labor.
          Chief Financial Officer, Department of State.
          Chief Financial Officer, Department of 
        Transportation.
          Chief Financial Officer, Department of the Treasury.
          Chief Financial Officer, Department of Veterans 
        Affairs.
          Chief Financial Officer, Environmental Protection 
        Agency.
          Chief Financial Officer, National Aeronautics and 
        Space Administration.
          Commissioner, Office of Navajo and Hopi Indian 
        Relocation.
          Principal Deputy Under Secretary of Defense for 
        Policy.
          Principal Deputy Under Secretary of Defense for 
        Personnel and Readiness.
          Principal Deputy Under Secretary of Defense 
        (Comptroller).
          Principal Deputy Under Secretary of Defense for 
        Intelligence.
          General Counsel of the Department of the Army.
          General Counsel of the Department of the Navy.
          General Counsel of the Department of the Air Force.
          Liaison for Community and Junior Colleges, Department 
        of Education.
          Director of the Office of Educational Technology.
          Director of the International Broadcasting Bureau.
          The Commissioner of Labor Statistics, Department of 
        Labor.
          Administrator, Rural Utilities Service, Department of 
        Agriculture.
          Chief Information Officer, Department of Agriculture.
          Chief Information Officer, Department of Commerce.
          Chief Information Officer, Department of Defense 
        (unless the official designated as the Chief 
        Information Officer of the Department of Defense is an 
        official listed under section 5312, 5313, or 5314 of 
        this title).
          Chief Information Officer, Department of Education.
          Chief Information Officer, Department of Energy.
          Chief Information Officer, Department of Health and 
        Human Services.
          Chief Information Officer, Department of Housing and 
        Urban Development.
          Chief Information Officer, Department of the 
        Interior.
          Chief Information Officer, Department of Justice.
          Chief Information Officer, Department of Labor.
          Chief Information Officer, Department of State.
          Chief Information Officer, Department of 
        Transportation.
          Chief Information Officer, Department of the 
        Treasury.
          Chief Information Officer, Department of Veterans 
        Affairs.
          Chief Information Officer, Environmental Protection 
        Agency.
          Chief Information Officer, National Aeronautics and 
        Space Administration.
          Chief Information Officer, Agency for International 
        Development.
          Chief Information Officer, Federal Emergency 
        Management Agency.
          Chief Information Officer, General Services 
        Administration.
          Chief Information Officer, National Science 
        Foundation.
          Chief Information Officer, Nuclear Regulatory Agency.
          Chief Information Officer, Office of Personnel 
        Management.
          Chief Information Officer, Small Business 
        Administration.
          Chief Information Officer of the Intelligence 
        Community.
          General Counsel of the Central Intelligence Agency.
          Principal Deputy Administrator, National Nuclear 
        Security Administration.
          Additional Deputy Administrators of the National 
        Nuclear Security Administration (3), but if the Deputy 
        Administrator for Naval Reactors is an officer of the 
        Navy on active duty, (2).
          Deputy Under Secretary of Commerce for Intellectual 
        Property and Deputy Director of the United States 
        Patent and Trademark Office.
          General Counsel of the Office of the Director of 
        National Intelligence.
          Chief Medical Officer, Department of Homeland 
        Security.
          Administrator of the Transportation Security 
        Administration, Department of Homeland Security.

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TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *


Sec. 114. Transportation Security Administration

  (a) In General.--The Transportation Security Administration 
shall be an administration of the [Department of 
Transportation] Department of Homeland Security.
  (b)  [Under Secretary] Administrator._
          (1) Appointment.--The head of the Administration 
        shall be the [Under Secretary of Transportation for 
        Security] Administrator of the Transportation Security 
        Administration. The [Under Secretary] Administrator 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate.
          (2) Qualifications.--The [Under Secretary] 
        Administrator must--
                  (A) be a citizen of the United States; and
                  (B) have experience in a field directly 
                related to transportation or security.
          (3) Term.--The term of office of an individual 
        appointed as the [Under Secretary] Administrator shall 
        be 5 years.
  (c) Limitation on Ownership of Stocks and Bonds.--The [Under 
Secretary] Administrator may not own stock in or bonds of a 
transportation or security enterprise or an enterprise that 
makes equipment that could be used for security purposes.
  (d) Functions.--The [Under Secretary] Administrator shall be 
responsible for security in all modes of transportation, 
including--
          (1) carrying out chapter 449, relating to civil 
        aviation security, and related research and development 
        activities; and
          (2) security responsibilities over other modes of 
        transportation that are exercised by the Department of 
        Transportation.
  (e) Screening Operations.--The [Under Secretary] 
Administrator shall--
          (1) be responsible for day-to-day Federal security 
        screening operations for passenger air transportation 
        and intrastate air transportation under sections 44901 
        and 44935;
          (2) develop standards for the hiring and retention of 
        security screening personnel;
          (3) train and test security screening personnel; and
          (4) be responsible for hiring and training personnel 
        to provide security screening at all airports in the 
        United States where screening is required under section 
        44901, in consultation with the [Secretary of 
        Transportation] Secretary of Homeland Security and the 
        heads of other appropriate Federal agencies and 
        departments.
  (f) Additional Duties and Powers.--In addition to carrying 
out the functions specified in subsections (d) and (e), the 
[Under Secretary] Administrator shall--
          (1) receive, assess, and distribute intelligence 
        information related to transportation security;
          (2) assess threats to transportation;
          (3) develop policies, strategies, and plans for 
        dealing with threats to transportation security;
          (4) make other plans related to transportation 
        security, including coordinating countermeasures with 
        appropriate departments, agencies, and 
        instrumentalities of the United States Government;
          (5) serve as the primary liaison for transportation 
        security to the intelligence and law enforcement 
        communities;
          (6) on a day-to-day basis, manage and provide 
        operational guidance to the field security resources of 
        the Administration, including [Federal Security 
        Managers] Federal Security Directors as provided by 
        section 44933;
          (7) enforce security-related regulations and 
        requirements;
          (8) identify and undertake research and development 
        activities necessary to enhance transportation 
        security;
          (9) inspect, maintain, and test security facilities, 
        equipment, and systems;
          (10) ensure the adequacy of security measures for the 
        transportation of cargo;
          (11) oversee the implementation, and ensure the 
        adequacy, of security measures at airports and other 
        transportation facilities;
          (12) require background checks for airport security 
        screening personnel, individuals with access to secure 
        areas of airports, and other transportation security 
        personnel;
          (13) work in conjunction with the Administrator of 
        the Federal Aviation Administration with respect to any 
        actions or activities that may affect aviation safety 
        or air carrier operations;
          (14) work with the International Civil Aviation 
        Organization and appropriate aeronautic authorities of 
        foreign governments under section 44907 to address 
        security concerns on passenger flights by air carriers 
        or foreign air carriers in foreign air transportation; 
        and
          (15) carry out such other duties, and exercise such 
        other powers, relating to transportation security as 
        the [Under Secretary] Administrator considers 
        appropriate, to the extent authorized by law.
  (g) National Emergency Responsibilities.--
          (1) In general.--Subject to the direction and control 
        of [the Secretary] the Secretary of Homeland Security, 
        the [Under Secretary] Administrator, during a national 
        emergency, shall have the following responsibilities:
                  (A) To coordinate domestic transportation, 
                including aviation, rail, and other surface 
                transportation, and maritime transportation 
                (including port security).
                  (B) To coordinate and oversee the 
                transportation-related responsibilities of 
                other departments and agencies of the Federal 
                Government other than the Department of Defense 
                and the military departments.
                  (C) To coordinate and provide notice to other 
                departments and agencies of the Federal 
                Government, and appropriate agencies of State 
                and local governments, including departments 
                and agencies for transportation, law 
                enforcement, and border control, about threats 
                to transportation.
                  (D) To carry out such other duties, and 
                exercise such other powers, relating to 
                transportation during a national emergency as 
                [the Secretary] the Secretary of Homeland 
                Security shall prescribe.
          (2) Authority of other departments and agencies.--The 
        authority of the [Under Secretary] Administrator under 
        this subsection shall not supersede the authority of 
        any other department or agency of the Federal 
        Government under law with respect to transportation or 
        transportation-related matters, whether or not during a 
        national emergency.
          (3) Circumstances.--[The Secretary] The Secretary of 
        Homeland Security shall prescribe the circumstances 
        constituting a national emergency for purposes of this 
        subsection.
  (h) Management of Security Information.--In consultation with 
the Transportation Security Oversight Board, the [Under 
Secretary] Administrator shall--
          (1) enter into memoranda of understanding with 
        Federal agencies or other entities to share or 
        otherwise cross-check as necessary data on individuals 
        identified on Federal agency databases who may pose a 
        risk to transportation or national security;
          (2) establish procedures for notifying the 
        Administrator of the Federal Aviation Administration, 
        appropriate State and local law enforcement officials, 
        and airport or airline security officers of the 
        identity of individuals known to pose, or suspected of 
        posing, a risk of air piracy or terrorism or a threat 
        to airline or passenger safety;
          (3) in consultation with other appropriate Federal 
        agencies and air carriers, establish policies and 
        procedures requiring air carriers--
                  (A) to use information from government 
                agencies to identify individuals on passenger 
                lists who may be a threat to civil aviation or 
                national security; and
                  (B) if such an individual is identified, 
                notify appropriate law enforcement agencies, 
                prevent the individual from boarding an 
                aircraft, or take other appropriate action with 
                respect to that individual; and
          (4) consider requiring passenger air carriers to 
        share passenger lists with appropriate Federal agencies 
        for the purpose of identifying individuals who may pose 
        a threat to aviation safety or national security.
  (i) View of NTSB.--In taking any action under this section 
that could affect safety, the [Under Secretary] Administrator 
shall give great weight to the timely views of the National 
Transportation Safety Board.
  (j) Acquisitions.--
          (1) In general.--The [Under Secretary] Administrator 
        is authorized--
                  (A) to acquire (by purchase, lease, 
                condemnation, or otherwise) such real property, 
                or any interest therein, within and outside the 
                continental United States, as the [Under 
                Secretary] Administrator considers necessary;
                  (B) to acquire (by purchase, lease, 
                condemnation, or otherwise) and to construct, 
                repair, operate, and maintain such personal 
                property (including office space and patents), 
                or any interest therein, within and outside the 
                continental United States, as the [Under 
                Secretary] Administrator considers necessary;
                  (C) to lease to others such real and personal 
                property and to provide by contract or 
                otherwise for necessary facilities for the 
                welfare of its employees and to acquire, 
                maintain and operate equipment for these 
                facilities;
                  (D) to acquire services, including such 
                personal services as [the Secretary] the 
                Secretary of Homeland Security determines 
                necessary, and to acquire (by purchase, lease, 
                condemnation, or otherwise) and to construct, 
                repair, operate, and maintain research and 
                testing sites and facilities; and
                  (E) in cooperation with the Administrator of 
                the Federal Aviation Administration, to utilize 
                the research and development facilities of the 
                Federal Aviation Administration.
          (2) Title.--Title to any property or interest therein 
        acquired pursuant to this subsection shall be held by 
        the Government of the United States.
  (k) Transfers of Funds.--The [Under Secretary] Administrator 
is authorized to accept transfers of unobligated balances and 
unexpended balances of funds appropriated to other Federal 
agencies (as such term is defined in section 551(1) of title 5) 
to carry out functions transferred, on or after the date of 
enactment of the Aviation and Transportation Security Act, by 
law to the [Under Secretary] Administrator.
  (l) Regulations.--
          (1) In general.--The [Under Secretary] Administrator 
        is authorized to issue, rescind, and revise such 
        regulations as are necessary to carry out the functions 
        of the Administration.
          (2) Emergency procedures.--
                  (A) In general.--Notwithstanding any other 
                provision of law or executive order (including 
                an executive order requiring a cost-benefit 
                analysis), if the [Under Secretary] 
                Administrator determines that a regulation or 
                security directive must be issued immediately 
                in order to protect transportation security, 
                the [Under Secretary] Administrator shall issue 
                the regulation or security directive without 
                providing notice or an opportunity for comment 
                and without prior approval of [the Secretary] 
                the Secretary of Homeland Security.
                  (B) Review by Transportation Security 
                Oversight Board.--Any regulation or security 
                directive issued under this paragraph shall be 
                subject to review by the Transportation 
                Security Oversight Board established under 
                section 115. Any regulation or security 
                directive issued under this paragraph shall 
                remain effective for a period not to exceed 90 
                days unless ratified or disapproved by the 
                Board or rescinded by the [Under Secretary] 
                Administrator.
          (3) Factors to consider.--In determining whether to 
        issue, rescind, or revise a regulation under this 
        section, the [Under Secretary] Administrator shall 
        consider, as a factor in the final determination, 
        whether the costs of the regulation are excessive in 
        relation to the enhancement of security the regulation 
        will provide. The [Under Secretary] Administrator may 
        waive requirements for an analysis that estimates the 
        number of lives that will be saved by the regulation 
        and the monetary value of such lives if the [Under 
        Secretary] Administrator determines that it is not 
        feasible to make such an estimate.
          (4) Airworthiness objections by FAA.--
                  (A) In General.--The [Under Secretary] 
                Administrator shall not take an aviation 
                security action under this title if the 
                Administrator of the Federal Aviation 
                Administration notifies the [Under Secretary] 
                Administrator that the action could adversely 
                affect the airworthiness of an aircraft.
                  (B) Review by Secretary.--Notwithstanding 
                subparagraph (A), the [Under Secretary] 
                Administrator may take such an action, after 
                receiving a notification concerning the action 
                from [the Administrator under subparagraph (A)] 
                the Administrator of the Federal Aviation 
                Administration under subparagraph (A), if the 
                Secretary of Transportation subsequently 
                approves the action.
  (m) Personnel and Services; Cooperation by [Under Secretary] 
Administrator._
          (1) Authority of [Under Secretary] administrator._In 
        carrying out the functions of the Administration, the 
        [Under Secretary] Administrator shall have the same 
        authority as is provided to the Administrator of the 
        Federal Aviation Administration under subsections (l) 
        and (m) of section 106.
          (2) Authority of agency heads.--The head of a Federal 
        agency shall have the same authority to provide 
        services, supplies, equipment, personnel, and 
        facilities to the [Under Secretary] Administrator as 
        the head has to provide services, supplies, equipment, 
        personnel, and facilities to the Administrator of the 
        Federal Aviation Administration under section 106(m).
  (n) Personnel Management System.--The personnel management 
system established by the Administrator of the Federal Aviation 
Administration under section 40122 shall apply to employees of 
the Transportation Security Administration, or, subject to the 
requirements of such section, the [Under Secretary] 
Administrator may make such modifications to the personnel 
management system with respect to such employees as the [Under 
Secretary] Administrator considers appropriate, such as 
adopting aspects of other personnel systems of the [Department 
of Transportation] Department of Homeland Security.
  (o) Authority of Inspector General.--The Transportation 
Security Administration shall be subject to the Inspector 
General Act of 1978 (5 U.S.C. App.) and other laws relating to 
the authority of the Inspector General of the [Department of 
Transportation] Department of Homeland Security.
  (p) Law enforcement powers.--
          (1) In general.--The [Under Secretary] Administrator 
        may designate an employee of the Transportation 
        Security Administration or other Federal agency to 
        serve as a law enforcement officer.
          (2) Powers.--While engaged in official duties of the 
        Administration as required to fulfill the 
        responsibilities under this section, a law enforcement 
        officer designated under paragraph (1) may--
                  (A) carry a firearm;
                  (B) make an arrest without a warrant for any 
                offense against the United States committed in 
                the presence of the officer, or for any felony 
                cognizable under the laws of the United States 
                if the officer has probable cause to believe 
                that the person to be arrested has committed or 
                is committing the felony; and
                  (C) seek and execute warrants for arrest or 
                seizure of evidence issued under the authority 
                of the United States upon probable cause that a 
                violation has been committed.
          (3) Guidelines on exercise of authority.--The 
        authority provided by this subsection shall be 
        exercised in accordance with guidelines prescribed by 
        the [Under Secretary] Administrator, in consultation 
        with the Attorney General of the United States, and 
        shall include adherence to the Attorney General's 
        policy on use of deadly force.
          (4) Revocation or suspension of authority.--The 
        powers authorized by this subsection may be rescinded 
        or suspended should the Attorney General determine that 
        the [Under Secretary] Administrator has not complied 
        with the guidelines prescribed in paragraph (3) and 
        conveys the determination in writing to the [Secretary 
        of Transportation] Secretary of Homeland Security and 
        the [Under Secretary] Administrator.
  (q) Authority to Exempt.--The [Under Secretary] Administrator 
may grant an exemption from a regulation prescribed in carrying 
out this section if the [Under Secretary] Administrator 
determines that the exemption is in the public interest.
  (r) Nondisclosure of Security Activities.--
          (1) In general.--Notwithstanding section 552 of title 
        5, the [Under Secretary] Administrator shall prescribe 
        regulations prohibiting the disclosure of information 
        obtained or developed in carrying out security under 
        authority of the Aviation and Transportation Security 
        Act (Public Law 107-71) or under chapter 449 of this 
        title if the [Under Secretary] Administrator decides 
        that disclosing the information would--
                  (A) be an unwarranted invasion of personal 
                privacy;
                  (B) reveal a trade secret or privileged or 
                confidential commercial or financial 
                information; or
                  (C) be detrimental to the security of 
                transportation.
          (2) Availability of information to Congress- 
        Paragraph (1) does not authorize information to be 
        withheld from a committee of Congress authorized to 
        have the information.
          (3) Limitation on transferability of duties- Except 
        as otherwise provided by law, the [Under Secretary] 
        Administrator may not transfer a duty or power under 
        this subsection to another department, agency, or 
        instrumentality of the United States.
          (4) Limitations.--Nothing in this subsection, or any 
        other provision of law, shall be construed to authorize 
        the designation of information as sensitive security 
        information (as defined in section 1520.5 of title 49, 
        Code of Federal Regulations)--
                  (A) to conceal a violation of law, 
                inefficiency, or administrative error;
                  (B) to prevent embarrassment to a person, 
                organization, or agency;
                  (C) to restrain competition; or
                  (D) to prevent or delay the release of 
                information that does not require protection in 
                the interest of transportation security, 
                including basic scientific research information 
                not clearly related to transportation security.
  (s) Transportation Security Strategic Planning.--
          (1) In general.--The Secretary of Homeland Security 
        shall develop, prepare, implement, and update, as 
        needed--
                  (A) a National Strategy for Transportation 
                Security; and
                  (B) transportation modal security plans 
                addressing security risks, including threats, 
                vulnerabilities, and consequences, for 
                aviation, railroad, ferry, highway, maritime, 
                pipeline, public transportation, over-the-road 
                bus, and other transportation infrastructure 
                assets.
          (2) Role of Secretary of Transportation.--The 
        Secretary of Homeland Security shall work jointly with 
        the Secretary of Transportation in developing, 
        revising, and updating the documents required by 
        paragraph (1).
          (3) Contents of National Strategy for Transportation 
        Security.--The National Strategy for Transportation 
        Security shall include the following:
                  (A) An identification and evaluation of the 
                transportation assets in the United States 
                that, in the interests of national security and 
                commerce, must be protected from attack or 
                disruption by terrorist or other hostile 
                forces, including modal security plans for 
                aviation, bridge and tunnel, commuter rail and 
                ferry, highway, maritime, pipeline, rail, mass 
                transit, over-the-road bus, and other public 
                transportation infrastructure assets that could 
                be at risk of such an attack or disruption.
                  (B) The development of risk-based priorities, 
                based on risk assessments conducted or received 
                by the Secretary of Homeland Security 
                (including assessments conducted under the 
                Implementing Recommendations of the 9/11 
                Commission Act of 2007 across all 
                transportation modes and realistic deadlines 
                for addressing security needs associated with 
                those assets referred to in subparagraph (A).
                  (C) The most appropriate, practical, and 
                cost-effective means of defending those assets 
                against threats to their security.
                  (D) A forward-looking strategic plan that 
                sets forth the agreed upon roles and missions 
                of Federal, State, regional, local, and tribal 
                authorities and establishes mechanisms for 
                encouraging cooperation and participation by 
                private sector entities, including nonprofit 
                employee labor organizations, in the 
                implementation of such plan.
                  (E) A comprehensive delineation of 
                prevention, response, and recovery 
                responsibilities and issues regarding 
                threatened and executed acts of terrorism 
                within the United States and threatened and 
                executed acts of terrorism outside the United 
                States to the extent such acts affect United 
                States transportation systems.
                  (F) A prioritization of research and 
                development objectives that support 
                transportation security needs, giving a higher 
                priority to research and development directed 
                toward protecting vital transportation assets. 
                Transportation security research and 
                development projects shall be based, to the 
                extent practicable, on such prioritization. 
                Nothing in the preceding sentence shall be 
                construed to require the termination of any 
                research or development project initiated by 
                the Secretary of Homeland Security or the 
                Secretary of Transportation before the date of 
                enactment of the Implementing Recommendations 
                of the 9/11 Commission Act of 2007.
                  (G) A 3- and 10-year budget for Federal 
                transportation security programs that will 
                achieve the priorities of the National Strategy 
                for Transportation Security.
                  (H) Methods for linking the individual 
                transportation modal security plans and the 
                programs contained therein, and a plan for 
                addressing the security needs of intermodal 
                transportation.
                  (I) Transportation modal security plans 
                described in paragraph (1)(B), including 
                operational recovery plans to expedite, to the 
                maximum extent practicable, the return to 
                operation of an adversely affected 
                transportation system following a major 
                terrorist attack on that system or other 
                incident. These plans shall be coordinated with 
                the resumption of trade protocols required 
                under section 202 of the SAFE Port Act (6 
                U.S.C. 942) and the National Maritime 
                Transportation Security Plan required under 
                section 70103(a) of title 46.
          (4) Submissions of plans to Congress.--
                  (A) Initial strategy.--The Secretary of 
                Homeland Security shall submit the National 
                Strategy for Transportation Security, including 
                the transportation modal security plans, 
                developed under this subsection to the 
                appropriate congressional committees not later 
                than April 1, 2005.
                  (B) Subsequent versions.--After December 31, 
                2005, the Secretary of Homeland Security shall 
                submit the National Strategy for Transportation 
                Security, including the transportation modal 
                security plans and any revisions to the 
                National Strategy for Transportation Security 
                and the transportation modal security plans, to 
                appropriate congressional committees not less 
                frequently than April 1 of each even-numbered 
                year.
                  (C) Periodic progress report.--
                          (i) Requirement for report.--Each 
                        year, in conjunction with the 
                        submission of the budget to Congress 
                        under section 1105(a) of title 31, 
                        United States Code, the Secretary of 
                        Homeland Security shall submit to the 
                        appropriate congressional committees an 
                        assessment of the progress made on 
                        implementing the National Strategy for 
                        Transportation Security, including the 
                        transportation modal security plans.
                          (ii) Content.--Each progress report 
                        submitted under this subparagraph shall 
                        include, at a minimum, the following:
                                  (I) Recommendations for 
                                improving and implementing the 
                                National Strategy for 
                                Transportation Security and the 
                                transportation modal and 
                                intermodal security plans that 
                                the Secretary of Homeland 
                                Security, in consultation with 
                                the Secretary of 
                                Transportation, considers 
                                appropriate.
                                  (II) An accounting of all 
                                grants for transportation 
                                security, including grants and 
                                contracts for research and 
                                development, awarded by the 
                                Secretary of Homeland Security 
                                in the most recent fiscal year 
                                and a description of how such 
                                grants accomplished the goals 
                                of the National Strategy for 
                                Transportation Security.
                                  (III) An accounting of all--
                                          (aa) funds requested 
                                        in the President's 
                                        budget submitted 
                                        pursuant to section 
                                        1105 of title 31 for 
                                        the most recent fiscal 
                                        year for transportation 
                                        security, by mode;
                                          (bb) personnel 
                                        working on 
                                        transportation security 
                                        by mode, including the 
                                        number of contractors; 
                                        and
                                          (cc) information on 
                                        the turnover in the 
                                        previous year among 
                                        senior staff of the 
                                        Department of Homeland 
                                        Security, including 
                                        component agencies, 
                                        working on 
                                        transportation security 
                                        issues. Such 
                                        information shall 
                                        include the number of 
                                        employees who have 
                                        permanently left the 
                                        office, agency, or area 
                                        in which they worked, 
                                        and the amount of time 
                                        that they worked for 
                                        the Department.
                          (iii) Written explanation of 
                        transportation security activities not 
                        delineated in the National Strategy for 
                        Transportation Security.--At the end of 
                        each fiscal year, the Secretary of 
                        Homeland Security shall submit to the 
                        appropriate congressional committees a 
                        written explanation of any Federal 
                        transportation security activity that 
                        is inconsistent with the National 
                        Strategy for Transportation Security, 
                        including the amount of funds to be 
                        expended for the activity and the 
                        number of personnel involved.
                  (D) Classified material.--Any part of the 
                National Strategy for Transportation Security 
                or the transportation modal security plans that 
                involve information that is properly classified 
                under criteria established by Executive order 
                shall be submitted to the appropriate 
                congressional committees separately in a 
                classified format.
                  (E) Appropriate congressional committees 
                defined.--In this subsection, the term 
                ``appropriate congressional committees'' means 
                the Committee on Transportation and 
                Infrastructure and the Committee on Homeland 
                Security of the House of Representatives and 
                the Committee on Commerce, Science, and 
                Transportation, the Committee on Homeland 
                Security and Governmental Affairs, and the 
                Committee on Banking, Housing, and Urban 
                Affairs of the Senate.
          (5) Priority status.--
                  (A) In general.--The National Strategy for 
                Transportation Security shall be the governing 
                document for Federal transportation security 
                efforts.
                  (B) Other plans and reports.--The National 
                Strategy for Transportation Security shall 
                include, as an integral part or as an 
                appendix--
                          (i) the current National Maritime 
                        Transportation Security Plan under 
                        section 70103 of title 46;
                          (ii) the report required by section 
                        44938 of this title;
                          (iii) transportation modal security 
                        plans required under this section;
                          (iv) the transportation sector 
                        specific plan required under Homeland 
                        Security Presidential Directive-7; and
                          (v) any other transportation security 
                        plan or report that the Secretary of 
                        Homeland Security determines 
                        appropriate for inclusion.
          (6) Coordination.--In carrying out the 
        responsibilities under this section, the Secretary of 
        Homeland Security, in coordination with the Secretary 
        of Transportation, shall consult, as appropriate, with 
        Federal, State, and local agencies, tribal governments, 
        private sector entities (including nonprofit employee 
        labor organizations), institutions of higher learning, 
        and other entities.
          (7) Plan distribution.--The Secretary of Homeland 
        Security shall make available and appropriately 
        publicize an unclassified version of the National 
        Strategy for Transportation Security, including its 
        component transportation modal security plans, to 
        Federal, State, regional, local and tribal authorities, 
        transportation system owners or operators, private 
        sector stakeholders, including nonprofit employee labor 
        organizations representing transportation employees, 
        institutions of higher learning, and other appropriate 
        entities.
  (u)  Transportation Security Information Sharing Plan.--
          (1) Definitions.--In this subsection:
                  (A) Appropriate congressional committees.--
                The term ``appropriate congressional 
                committees'' has the meaning given that term in 
                subsection (s)(4)(E).
                  (B) Plan.--The term ``Plan'' means the 
                Transportation Security Information Sharing 
                Plan established under paragraph (2).
                  (C) Public and private stakeholders.--The 
                term ``public and private stakeholders'' means 
                Federal, State, and local agencies, tribal 
                governments, and appropriate private entities, 
                including nonprofit employee labor 
                organizations representing transportation 
                employees.
                  (D) Secretary.--The term ``Secretary'' means 
                the Secretary of Homeland Security.
                  (E) Transportation security information.--The 
                term ``transportation security information'' 
                means information relating to the risks to 
                transportation modes, including aviation, 
                public transportation, railroad, ferry, 
                highway, maritime, pipeline, and over-the-road 
                bus transportation, and may include specific 
                and general intelligence products, as 
                appropriate.
          (2) Establishment of plan.--The Secretary of Homeland 
        Security, in consultation with the program manager of 
        the information sharing environment established under 
        section 1016 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 485), the Secretary of 
        Transportation, and public and private stakeholders, 
        shall establish a Transportation Security Information 
        Sharing Plan. In establishing the Plan, the Secretary 
        shall gather input on the development of the Plan from 
        private and public stakeholders and the program manager 
        of the information sharing environment established 
        under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485).
          (3) Purpose of Plan.--The Plan shall promote sharing 
        of transportation security information between the 
        Department of Homeland Security and public and private 
        stakeholders.
          (4) Content of Plan.--The Plan shall include--
                  (A) a description of how intelligence 
                analysts within the Department of Homeland 
                Security will coordinate their activities 
                within the Department and with other Federal, 
                State, and local agencies, and tribal 
                governments, including coordination with 
                existing modal information sharing centers and 
                the center described in section 1410 of the 
                Implementing Recommendations of the 9/11 
                Commission Act of 2007;
                  (B) the establishment of a point of contact, 
                which may be a single point of contact within 
                the Department of Homeland Security, for each 
                mode of transportation for the sharing of 
                transportation security information with public 
                and private stakeholders, including an 
                explanation and justification to the 
                appropriate congressional committees if the 
                point of contact established pursuant to this 
                subparagraph differs from the agency within the 
                Department that has the primary authority, or 
                has been delegated such authority by the 
                Secretary, to regulate the security of that 
                transportation mode;
                  (C) a reasonable deadline by which the Plan 
                will be implemented; and
                  (D) a description of resource needs for 
                fulfilling the Plan.
          (5) Coordination with information sharing.--The Plan 
        shall be--
                  (A) implemented in coordination, as 
                appropriate, with the program manager for the 
                information sharing environment established 
                under section 1016 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (6 U.S.C. 
                485); and
                  (B) consistent with the establishment of the 
                information sharing environment and any 
                policies, guidelines, procedures, instructions, 
                or standards established by the President or 
                the program manager for the implementation and 
                management of the information sharing 
                environment.
          (6) Reports to Congress.--
                  (A) In general.--Not later than 150 days 
                after the date of enactment of this subsection, 
                and annually thereafter, the Secretary shall 
                submit to the appropriate congressional 
                committees, a report containing the Plan.
                  (B) Annual report.--Not later than 1 year 
                after the date of enactment of this subsection, 
                the Secretary shall submit to the appropriate 
                congressional committees a report on updates to 
                and the implementation of the Plan.
          (7) Security clearances.--The Secretary shall, to the 
        greatest extent practicable, take steps to expedite the 
        security clearances needed for designated public and 
        private stakeholders to receive and obtain access to 
        classified information distributed under this section, 
        as appropriate.
          (8) Classification of material.--The Secretary, to 
        the greatest extent practicable, shall provide 
        designated public and private stakeholders with 
        transportation security information in an unclassified 
        format.
  (v) Enforcement of Regulations and Orders of the Secretary of 
Homeland Security.--
          (1) Application of subsection.--
                  (A) In general.--This subsection applies to 
                the enforcement of regulations prescribed, and 
                orders issued, by the Secretary of Homeland 
                Security under a provision of chapter 701 of 
                title 46 and under a provision of this title 
                other than a provision of chapter 449 (in this 
                subsection referred to as an ``applicable 
                provision of this title'').
                  (B) Violations of chapter 449.--The penalties 
                for violations of regulations prescribed and 
                orders issued by the Secretary of Homeland 
                Security under chapter 449 of this title are 
                provided under chapter 463 of this title.
                  (C) Nonapplication to certain violations.--
                          (i) Paragraphs (2) through (5) do not 
                        apply to violations of regulations 
                        prescribed, and orders issued, by the 
                        Secretary of Homeland Security under a 
                        provision of this title--
                                  (I) involving the 
                                transportation of personnel or 
                                shipments of materials by 
                                contractors where the 
                                Department of Defense has 
                                assumed control and 
                                responsibility;
                                  (II) by a member of the armed 
                                forces of the United States 
                                when performing official 
                                duties; or
                                  (III) by a civilian employee 
                                of the Department of Defense 
                                when performing official 
                                duties.
                          (ii) Violations described in 
                        subclause (I), (II), or (III) of clause 
                        (i) shall be subject to penalties as 
                        determined by the Secretary of Defense 
                        or the Secretary's designee.
          (2) Civil penalty.--
                  (A) In general.--A person is liable to the 
                United States Government for a civil penalty of 
                not more than $10,000 for a violation of a 
                regulation prescribed, or order issued, by the 
                Secretary of Homeland Security under an 
                applicable provision of this title.
                  (B) Repeat violations.--A separate violation 
                occurs under this paragraph for each day the 
                violation continues.
          (3) Administrative imposition of civil penalties.--
                  (A) In general.--The Secretary of Homeland 
                Security may impose a civil penalty for a 
                violation of a regulation prescribed, or order 
                issued, under an applicable provision of this 
                title. The Secretary shall give written notice 
                of the finding of a violation and the penalty.
                  (B) Scope of civil action.--In a civil action 
                to collect a civil penalty imposed by the 
                Secretary under this subsection, a court may 
                not re-examine issues of liability or the 
                amount of the penalty.
                  (C) Jurisdiction.--The district courts of the 
                United States shall have exclusive jurisdiction 
                of civil actions to collect a civil penalty 
                imposed by the Secretary under this subsection 
                if--
                          (i) the amount in controversy is more 
                        than--
                                  (I) $400,000, if the 
                                violation was committed by a 
                                person other than an individual 
                                or small business concern; or
                                  (II) $50,000 if the violation 
                                was committed by an individual 
                                or small business concern;
                          (ii) the action is in rem or another 
                        action in rem based on the same 
                        violation has been brought; or
                          (iii) another action has been brought 
                        for an injunction based on the same 
                        violation.
                  (D) Maximum penalty.--The maximum civil 
                penalty the Secretary administratively may 
                impose under this paragraph is--
                          (i) $400,000, if the violation was 
                        committed by a person other than an 
                        individual or small business concern; 
                        or
                          (ii) $50,000, if the violation was 
                        committed by an individual or small 
                        business concern.
                  (E) Notice and opportunity to request 
                hearing.--Before imposing a penalty under this 
                section the Secretary shall provide to the 
                person against whom the penalty is to be 
                imposed--
                          (i) written notice of the proposed 
                        penalty; and
                          (ii) the opportunity to request a 
                        hearing on the proposed penalty, if the 
                        Secretary receives the request not 
                        later than 30 days after the date on 
                        which the person receives notice.
          (4) Compromise and setoff.--
                  (A) The Secretary may compromise the amount 
                of a civil penalty imposed under this 
                subsection.
                  (B) The Government may deduct the amount of a 
                civil penalty imposed or compromised under this 
                subsection from amounts it owes the person 
                liable for the penalty.
          (5) Investigations and proceedings.--Chapter 461 
        shall apply to investigations and proceedings brought 
        under this subsection to the same extent that it 
        applies to investigations and proceedings brought with 
        respect to aviation security duties designated to be 
        carried out by the Secretary.
          (6) Definitions.--In this subsection:
                  (A) Person.--The term ``person'' does not 
                include--
                          (i) the United States Postal Service; 
                        or
                          (ii) the Department of Defense.
                  (B) Small business concern.--The term ``small 
                business concern'' has the meaning given that 
                term in section 3 of the Small Business Act (15 
                U.S.C. 632).
          (7) Enforcement transparency.--
                  (A) In general.--Not later than December 31, 
                2008, and annually thereafter, the Secretary 
                shall--
                          (i) provide an annual summary to the 
                        public of all enforcement actions taken 
                        by the Secretary under this subsection; 
                        and
                          (ii) include in each such summary the 
                        docket number of each enforcement 
                        action, the type of alleged violation, 
                        the penalty or penalties proposed, and 
                        the final assessment amount of each 
                        penalty.
                  (B) Electronic availability.--Each summary 
                under this paragraph shall be made available to 
                the public by electronic means.
                  (C) Relationship to the Freedom of 
                Information Act and the Privacy Act.--Nothing 
                in this subsection shall be construed to 
                require disclosure of information or records 
                that are exempt from disclosure under sections 
                552 or 552a of title 5.
                  (D) Enforcement guidance.--Not later than 180 
                days after the enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 
                2007, the Secretary shall provide a report to 
                the public describing the enforcement process 
                established under this subsection.
  (w) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Homeland Security for--
          (1) railroad security--
                  (A) $488,000,000 for fiscal year 2008;
                  (B) $483,000,000 for fiscal year 2009;
                  (C) $508,000,000 for fiscal year 2010; and
                  (D) $508,000,000 for fiscal year 2011;
          (2) over-the-road bus and trucking security--
                  (A) $14,000,000 for fiscal year 2008;
                  (B) $27,000,000 for fiscal year 2009;
                  (C) $27,000,000 for fiscal year 2010; and
                  (D) $27,000,000 for fiscal year 2011; and
          (3) hazardous material and pipeline security--
                  (A) $12,000,000 for fiscal year 2008;
                  (B) $12,000,000 for fiscal year 2009; and
                  (C) $12,000,000 for fiscal year 2010.

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