[House Report 115-917]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-917
======================================================================
TSA NATIONAL DEPLOYMENT FORCE ACT
_______
September 4, 2018.--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. 6461]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 6461) to amend title 49, United States Code, to
establish in the Transportation Security Administration a
National Deployment Office, 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.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
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..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
H.R. 6461 codifies and authorizes the National Deployment
Force (NDF) within the Transportation Security Administration
(TSA). The bill establishes the National Deployment Office and
tasks it with managing the NDF, recruiting Transportation
Security Officers (TSOs) to participate, and training the TSOs
who join the NDF. Finally, H.R. 6461 requires TSA to provide
Congress with an annual report on the NDF, including its
activities, collaboration with other Department of Homeland
Security components, staffing, and recruitment and training
activities.
Background and Need for Legislation
TSA's National Deployment Force (NDF) is a rapid response
force of Transportation Security Officers (TSOs) and other TSA
employees, based at airports around the country, who can be
deployed around the country in support of homeland security
operations. TSOs on the NDF typically serve one-year terms.
Examples of situations where the NDF has been or could be
deployed include National Special Security Events and the
aftermath of natural disasters or terrorist attacks. The NDF
has also been used to support airports across that country that
have experienced hiring shortfalls or require additional
personnel due to seasonal demands. H.R. 6461 codifies the NDF
to ensure TSA maintains its important rapid response and
security capabilities.
Hearings
The Committee did not hold a legislative hearing on H.R.
6461. However, the Committee held a hearing with Department
officials on November 8, 2017, to discuss TSA's role in keeping
our transportation systems secure. The Subcommittee on
Transportation and Protective Security also held a hearing on
April 12, 2018 entitled ``Examining the President's FY 2019
Budget Request for the Transportation Security
Administration''. Testimony was heard from David P. Pekoske,
Administrator, Transportation Security Administration,
Department of Homeland Security; and public witnesses.
Committee Consideration
The Committee met on July 24, 2018, to consider H.R. 6461,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by unanimous
consent.
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. 6461.
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.
6461, the TSA National Deployment Force 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.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 31, 2018.
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. 6459, the TSA
Opportunities to Pursue Expanded Networks for Business Act, and
H.R. 6461, the TSA National Deployment Force Act.
If you wish further details on these estimates, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall,
Director.
Enclosure.
Transportation Security Administration Legislation
On July 24, the House Committee on Homeland Security
ordered two bills to be reported related to activities of the
Transportation Security Administration (TSA):
H.R. 6459, the TSA Opportunities to Pursue
Expanded Networks for Business Act, would require the
agency to develop a strategy for diversifying and
encouraging participation of small businesses in the
marketplace through which TSA acquires security-related
technologies; and
H.R. 6461, the TSA National Deployment Force
Act, would establish an office responsible for
deploying TSA personnel to provide additional security
at airports and other locations and to respond to
manmade disasters and other situations.
Using information from the TSA regarding the costs of
similar activities, CBO estimates that neither of those bills
would lead to additional federal spending of more then $500,000
annually. (Such spending would be subject to appropriation.)
Neither H.R. 6459 nor H.R. 6461 would affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply for either bill.
Neither bill would increase net direct spending or on-
budget deficits in any of the four consecutive 10-year periods
beginning in 2029, CBO estimates.
H.R. 6459 and H.R. 6461 contain no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was reviewed by Leo Lex, 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. 6461 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation establishes a National Deployment Office
within the Transportation Security Administration to create and
maintain a National Deployment Force, comprised of TSA
employees, to be utilized in times of emergency or excessive
demand. This bill's goals will be assessed by directing the
Administrator of the TSA to submit a report regarding the
activities of the National Deployment Office to the Committee
on Homeland Security of the House of Representatives and
Committee on Commerce, Science, and Transportation of the
Senate, not later than one year after the date of the enactment
of this legislation and annually thereafter for five years.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 6461 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. 6461 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 6461 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 National Deployment Force Act''.
Sec. 2. National Deployment Office
This section establishes a National Deployment Office (NDO)
within the Transportation Security Administration. The head of
the National Deployment Office shall be responsible for
maintaining a National Deployment Force (NDF) comprised of
Transportation Security Officers, who will provide the TSA with
rapid and efficient response capabilities. The NDO shall
augment homeland security operations, including in the
following situations: airports temporarily requiring additional
security personnel due to an emergency, seasonal demands,
hiring shortfalls, severe weather conditions, passenger volume
mitigation, equipment support or other reasons; special events
requiring enhanced security determined by the Secretary of
Homeland Security, including National Special Security events;
response in the aftermath of any manmade disaster, including
terrorist attack; and other situations determined by the TSA
Administrator.
In addition to maintaining the NDF, the head of the NDO is
also responsible for educating transportation security officers
on ways to participate in the National Deployment Force,
recruiting officers to serve on the NDF in accordance with the
staffing model developed by the TSA, and selecting and training
the officers that serve on the NDF.
Sec. 3. Conforming amendment
This section makes conforming changes to the United States
code.
Sec. 4. Career development
This section allows for service in the National Deployment
Force to serve as a positive factor when evaluating applicants
for promotions within TSA.
Sec. 5. Annual report
This section requires TSA to submit a report to Congress,
no later than one year after the enactment of this Act, on the
activities of the National Deployment Office and the National
Deployment Force. The report will include: when, where, why,
how many, and for how long the National Deployment Force was
deployed over the past year; the costs associated with the
deployments; a description of collaboration between the
National Deployment Office and other components of the
Department of Homeland Security, other Federal agencies, and
State and local transportation security stakeholders; the size
of the National Deployment Force; and information on
recruitment, appointment, and training activities of the
National Deployment Force.
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, and 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) In General.--The Transportation Security Administration
shall be an administration of the Department of Transportation.
(b) Under Secretary.--
(1) Appointment.--The head of the Administration
shall be the Under Secretary of Transportation for
Security. The Under Secretary shall be appointed by the
President, by and with the advice and consent of the
Senate.
(2) Qualifications.--The Under Secretary 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 shall be 5 years.
(c) Limitation on Ownership of Stocks and Bonds.--The Under
Secretary 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 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 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 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 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
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 foreign air
carriers in foreign air transportation; [and]
(15) establish and maintain a National Deployment
Office as required under section 44947 of this title;
and
[(15)] (16) carry out such other duties, and exercise
such other powers, relating to transportation security
as the Under Secretary 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 Under Secretary, 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 shall prescribe.
(2) Authority of other departments and agencies.--The
authority of the Under Secretary 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 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 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 shall give great
weight to the timely views of the National Transportation
Safety Board.
(j) Acquisitions.--
(1) In general.--The Under Secretary 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 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 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 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 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.
(l) Regulations.--
(1) In general.--The Under Secretary 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 determines
that a regulation or security directive must be
issued immediately in order to protect
transportation security, the Under Secretary
shall issue the regulation or security
directive without providing notice or an
opportunity for comment and without prior
approval of the Secretary.
(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.
(3) Factors to consider.--In determining whether to
issue, rescind, or revise a regulation under this
section, the Under Secretary 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 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 determines that it is
not feasible to make such an estimate.
(4) Airworthiness objections by FAA.--
(A) In General.--The Under Secretary shall
not take an aviation security action under this
title if the Administrator of the Federal
Aviation Administration notifies the Under
Secretary that the action could adversely
affect the airworthiness of an aircraft.
(B) Review by Secretary.--Notwithstanding
subparagraph (A), the Under Secretary may take
such an action, after receiving a notification
concerning the action from the Administrator
under subparagraph (A), if the Secretary of
Transportation subsequently approves the
action.
(m) Personnel and Services; Cooperation by Under Secretary.--
(1) Authority of Under Secretary.--In carrying out
the functions of the Administration, the Under
Secretary 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 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 may make such
modifications to the personnel management system with respect
to such employees as the Under Secretary considers appropriate,
such as adopting aspects of other personnel systems of the
Department of Transportation.
(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.
(p) Law enforcement powers.--
(1) In general.--The Under Secretary 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, 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 has not complied with the
guidelines prescribed in paragraph (3) and conveys the
determination in writing to the Secretary of
Transportation and the Under Secretary.
(q) Authority to Exempt.--The Under Secretary may grant an
exemption from a regulation prescribed in carrying out this
section if the Under Secretary 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 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 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 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.
* * * * * * *
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
* * * * * * *
44947. National Deployment Office.
* * * * * * *
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
* * * * * * *
Sec. 44947. National Deployment Office
(a) Establishment.--There is established within the
Transportation Security Administration a National Deployment
Office, to be headed by an individual with supervisory
experience. Such individual shall be designated by the
Administrator of the Transportation Security Administration.
(b) Duties.--The individual designated as the head of the
National Deployment Office shall be responsible for the
following:
(1) Maintaining a National Deployment Force within
the Transportation Security Administration that is
comprised of transportation security officers,
including supervisory transportation security officers
and lead transportation security officers, to provide
the Administration with rapid and efficient response
capabilities and augment the Department of Homeland
Security's homeland security operations to mitigate and
reduce risk, including for the following:
(A) Airports temporarily requiring additional
security personnel due to an emergency,
seasonal demands, hiring shortfalls, severe
weather conditions, passenger volume
mitigation, equipment support, or other
reasons.
(B) Special events requiring enhanced
security including National Special Security
Events, as determined by the Secretary of
Homeland Security.
(C) Response in the aftermath of any manmade
disaster, including any terrorist attack.
(D) Other such situations, as determined by
the Administrator.
(2) Educating transportation security officers
regarding how to participate in the Administration's
National Deployment Force.
(3) Recruiting officers to serve on the National
Deployment Force, in accordance with a staffing model
to be developed by the Administrator.
(4) Approving one-year appointments for officers to
serve on the National Deployment Force, with an option
to extend upon officer request and with the approval of
the appropriate Federal Security Director.
(5) Training officers to serve on the National
Deployment Force.
* * * * * * *
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