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[House Report 114-396]
[From the U.S. Government Publishing Office]

114th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                            { 114-396

======================================================================

 
 TRANSPORTATION SECURITY ADMINISTRATION REFORM AND IMPROVEMENT ACT OF 
                                  2015

                                _______
                                

January 12, 2016.--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. 3584]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3584) to authorize, streamline, and identify 
efficiencies within the Transportation Security Administration, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    13
Background and Need for Legislation..............................    13
Hearings.........................................................    14
Committee Consideration..........................................    15
Committee Votes..................................................    16
Committee Oversight Findings.....................................    16
New Budget Authority, Entitlement Authority, and Tax Expenditures    16
Congressional Budget Office Estimate.............................    16
Statement of General Performance Goals and Objectives............    19
Duplicative Federal Programs.....................................    20
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    21
Federal Mandates Statement.......................................    21
Preemption Clarification.........................................    21
Disclosure of Directed Rule Makings..............................    21
Advisory Committee Statement.....................................    21
Applicability to Legislative Branch..............................    21
Section-by-Section Analysis of the Legislation...................    21
Changes in Existing Law Made by the Bill, as Reported............    26

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Transportation 
Security Administration Reform and Improvement Act of 2015''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; Table of contents.
Sec. 2. Definitions.

                       TITLE I--AVIATION SECURITY

Sec. 101. TSA PreCheck.
Sec. 102. PreCheck and general passenger biometric identification.
Sec. 103. Limitation; PreCheck operations maintained; Alternate methods.
Sec. 104. Secure Flight program.
Sec. 105. Efficiency review by TSA.
Sec. 106. Donation of screening equipment to protect the United States.
Sec. 107. Review of sustained security directives.
Sec. 108. Maintenance of security-related technology.
Sec. 109. Vetting of aviation workers.
Sec. 110. Aviation Security Advisory Committee consultation.
Sec. 111. Private contractor canine evaluation and integration pilot 
          program.
Sec. 112. Covert testing at airports.
Sec. 113. Training for transportation security officers.

       TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS

Sec. 201. Surface Transportation Inspectors.
Sec. 202. Inspector General audit; TSA Office of Inspection workforce 
          certification.
Sec. 203. Repeal of biennial reporting requirement for the Government 
          Accountability Office relating to the Transportation Security 
          Information Sharing Plan.
Sec. 204. Security training for frontline transportation workers.
Sec. 205. Feasibility assessment.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Administration; tsa.--The terms ``Administration'' and 
        ``TSA'' mean the Transportation Security Administration.
          (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
          (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
          (4) Department.--The term ``Department'' means the Department 
        of Homeland Security.
          (5) Secure flight.--The term ``Secure Flight'' means the 
        Administration's watchlist matching program.

                       TITLE I--AVIATION SECURITY

SEC. 101. TSA PRECHECK.

  (a) TSA PreCheck.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator shall--
          (1) ensure that all screening of passengers and their 
        accessible property shall be conducted in a risk-based, 
        intelligence-driven manner with consideration given to the 
        privacy and civil liberties of such passengers; and
          (2) operate a trusted passenger screening program known as 
        ``TSA PreCheck'' that provides expedited screening for low-risk 
        passengers and their accessible property based on a 
        comprehensive and continuous analysis of factors specified in 
        subsection (b).
  (b) Factors.--Factors referred to in subsection (a)(2) shall include 
the following:
          (1) Whether passengers described in such subsection are 
        members of other trusted traveler programs of the Department.
          (2) Whether such passengers are traveling pursuant to 
        subsection (m) of section 44903 of title 49, United States Code 
        (as established under the Risk-Based Security for Members of 
        the Armed Forces Act (Public Law 112-86)), section 44927 of 
        such title (as established under the Helping Heroes Fly Act 
        (Public Law 113-27)), or section 44928 of such title (as 
        established under the Honor Flight Act (Public Law 113-221)).
          (3) Whether such passengers possess an active security 
        clearance or other credential issued by the Federal Government 
        for which TSA has conducted a written threat assessment and 
        determined that such passengers present a low risk to 
        transportation or national security.
          (4) Whether such passengers are members of a population for 
        whom TSA has conducted a written security threat assessment, 
        determined that such population poses a low risk to 
        transportation or national security, and has issued such 
        passengers a known traveler number.
          (5) The ability of the Administration to verify such 
        passengers' identity and whether such passengers pose a risk to 
        aviation security.
          (6) Threats to transportation or national security as 
        identified by the intelligence community and law enforcement 
        community.
  (c) Enrollment Expansion.--
          (1) In general.--Not later than 90 days after the date of the 
        enactment of this Act, the Administrator shall publish PreCheck 
        application enrollment standards to add multiple private sector 
        application capabilities for the TSA PreCheck program to 
        increase the public's enrollment access to such program, 
        including standards that allow the use of secure technologies, 
        including online enrollment, kiosks, tablets, or staffed 
        computer stations at which individuals can apply for entry into 
        such program.
          (2) Requirements.--Upon publication of the PreCheck program 
        application enrollment standards pursuant to paragraph (1), the 
        Administrator shall--
                  (A) coordinate with interested parties to deploy TSA-
                approved ready-to-market private sector solutions that 
                meet the TSA PreCheck application enrollment standards 
                described in paragraph (1), make available additional 
                PreCheck enrollment capabilities, and offer secure 
                online and mobile enrollment opportunities;
                  (B) partner with the private sector to collect 
                biographic and biometric identification information via 
                kiosks, mobile devices, or other mobile enrollment 
                platforms to reduce the number of instances in which 
                passengers need to travel to enrollment centers;
                  (C) ensure that the kiosks, mobile devices, or other 
                mobile enrollment platforms referred to in subparagraph 
                (E) are secure and not vulnerable to data breaches;
                  (D) ensure that any biometric and biographic 
                information is collected in a manner which is 
                comparable with the National Institute of Standards and 
                Technology standards and ensures privacy and data 
                security protections, including that applicants' 
                personally identifiable information is collected, 
                retained, used, and shared in a manner consistent with 
                section 552a of title 5, United States Code (commonly 
                known as the ``Privacy Act of 1974''), and agency 
                regulations;
                  (E) ensure that an individual who wants to enroll in 
                the PreCheck program and has started an application 
                with a single identification verification at one 
                location will be able to save such individual's 
                application on any kiosk, personal computer, mobile 
                device, or other mobile enrollment platform and be able 
                to return within a reasonable time to submit a second 
                identification verification; and
                  (F) ensure that any enrollment expansion using a 
                private sector risk assessment instead of a 
                fingerprint-based criminal history records check is 
                determined, by the Secretary of Homeland Security, to 
                be equivalent to a fingerprint-based criminal history 
                records check conducted through the Federal Bureau of 
                Investigation.
          (3) Marketing of precheck program.--Upon publication of 
        PreCheck program application enrollment standards pursuant to 
        paragraph (1), the Administrator shall--
                  (A) in accordance with such standards, develop and 
                implement--
                          (i) a process, including an associated 
                        timeframe, for approving private sector 
                        marketing of the TSA PreCheck program; and
                          (ii) a strategy for partnering with the 
                        private sector to encourage enrollment in such 
                        program; and
                  (B) submit to Congress a report on any PreCheck fees 
                collected in excess of the costs of administering such 
                program, including recommendations for using such 
                amounts to support marketing of such program under this 
                subsection.
          (4) Identity verification enhancement.--Not later than 90 
        days after the date of the enactment of this Act, the 
        Administrator shall--
                  (A) coordinate with the heads of appropriate 
                components of the Department to leverage Department-
                held data and technologies to verify the citizenship of 
                individuals enrolling in the TSA PreCheck program; and
                  (B) partner with the private sector to use advanced 
                biometrics and standards comparable with National 
                Institute of Standards and Technology standards to 
                facilitate enrollment in such program.
          (5) Precheck lane operation.--The Administrator shall--
                  (A) ensure that TSA PreCheck screening lanes are open 
                and available during peak and high-volume travel times 
                at airports to individuals enrolled in the PreCheck 
                program; and
                  (B) make every practicable effort to provide 
                expedited screening at standard screening lanes during 
                times when PreCheck screening lanes are closed to 
                individuals enrolled in such program in order to 
                maintain operational efficiency.
          (6) Vetting for precheck participants.--Not later than 90 
        days after the date of the enactment of this Act, the 
        Administrator shall initiate an assessment of the security 
        vulnerabilities in the vetting process for the PreCheck program 
        that includes an evaluation of whether subjecting PreCheck 
        participants to recurrent fingerprint-based criminal history 
        records checks, in addition to recurrent checks against the 
        terrorist watchlist, could be done in a cost-effective manner 
        to strengthen the security of the PreCheck program.

SEC. 102. PRECHECK AND GENERAL PASSENGER BIOMETRIC IDENTIFICATION.

  (a) In General.--Not later than one year after the date of enactment 
of this Act, the Administrator shall conduct a pilot project to 
establish a secure, automated, biometric-based system at airports to 
verify the identity of passengers who are members of TSA PreCheck. Such 
system shall--
          (1) reduce the need for security screening personnel to 
        perform travel document verification for individuals enrolled 
        in TSA PreCheck;
          (2) reduce the average wait time of individuals enrolled in 
        TSA PreCheck;
          (3) reduce overall operating expenses of the Administration;
          (4) be integrated with the Administration's watch list and 
        trusted traveler matching program;
          (5) be integrated with other checkpoint technologies to 
        further facilitate risk-based passenger screening at the 
        checkpoint, to the extent practicable and consistent with 
        security standards; and
          (6) consider capabilities and policies of U.S. Customs and 
        Border Protection's Global Entry Program, as appropriate.
  (b) Establishment of Screening System for Certain Passengers.--
Section 44901 of title 49, United States Code is amended--
          (1) by redesignating subsections (c) through (l) as 
        subsections (d) through (m), respectively; and
          (2) by inserting after subsection (b) the following new 
        subsection:
  ``(c) Establishment of Screening System for Certain Passengers.--Not 
later than December 31, 2017, in accordance with the requirements of 
the Transportation Security Administration Reform and Improvement Act 
of 2015, the Administrator of the Transportation Security 
Administration shall establish a secure, automated system at all large 
hub airports for verifying travel and identity documents of passengers 
who are not members of the Administration's risk-based aviation 
passenger screening program, known as `TSA PreCheck'. Such system 
shall--
          ``(1) assess the need for security screening personnel to 
        perform travel document verification for such passengers, 
        thereby assessing the overall number of such screening 
        personnel;
          ``(2) assess the average wait time of such passengers;
          ``(3) assess overall operating expenses of the 
        Administration;
          ``(4) be integrated with the Administration's watch list 
        matching program; and
          ``(5) be integrated with other checkpoint technologies to 
        further facilitate risk-based passenger screening at the 
        checkpoint, to the extent practicable and consistent with 
        security standards.''.

SEC. 103. LIMITATION; PRECHECK OPERATIONS MAINTAINED; ALTERNATE 
                    METHODS.

  (a) In General.--Except as provided in subsection (c), the 
Administrator shall direct that access to expedited airport security 
screening at an airport security checkpoint be limited to only the 
following:
          (1) A passenger who voluntarily submits biographic and 
        biometric information for a security risk assessment and whose 
        application for the PreCheck program has been approved, or a 
        passenger who is a participant in another trusted or registered 
        traveler program of the Department.
          (2) A passenger traveling pursuant to section 44903 of title 
        49, United States Code (as established under the Risk-Based 
        Security for Members of the Armed Forces Act (Public Law 112-
        86)), section 44927 of such title (as established under the 
        Helping Heroes Fly Act (Public Law 113-27)), or section 44928 
        of such title (as established under the Honor Flight Act 
        (Public Law 113-221)).
          (3) A passenger who did not voluntarily submit biographic and 
        biometric information for a security risk assessment but is a 
        member of a population designated by the Administrator as known 
        and low-risk and who may be issued a unique, known traveler 
        number by the Administrator determining that such passenger is 
        a member of a category of travelers designated by the 
        Administrator as known and low-risk.
  (b) PreCheck Operations Maintained.--In carrying out subsection (a), 
the Administrator shall ensure that expedited airport security 
screening remains available to passengers at or above the level that 
exists on the day before the date of the enactment of this Act.
  (c) Frequent Fliers.--If the Administrator determines that such is 
appropriate, the implementation of subsection (a) may be delayed by up 
to one year with respect to the population of passengers who did not 
voluntarily submit biographic and biometric information for security 
risk assessments but who nevertheless receive expedited airport 
security screening because such passengers are designated as frequent 
fliers by air carriers. If the Administrator uses the authority 
provided by this subsection, the Administrator shall notify the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate of 
such phased-in implementation.
  (d) Alternate Methods.--The Administrator may provide access to 
expedited airport security screening to additional passengers pursuant 
to an alternate method upon the submission to the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate of an independent assessment 
of the security effectiveness of such alternate method that is 
conducted by an independent entity that determines that such alternate 
method is designed to--
          (1) reliably and effectively identify passengers who likely 
        pose a low risk to the United States aviation system;
          (2) mitigate the likelihood that a passenger who may pose a 
        security threat to the United States aviation system is 
        selected for expedited security screening; and
          (3) address known and evolving security risks to the United 
        States aviation system.
  (e) Information Sharing.--The Administrator shall provide to the 
entity conducting the independent assessment under subsection (d) 
effectiveness testing results that are consistent with established 
evaluation design practices, as identified by the Comptroller General 
of the United States.
  (f) Reporting.--Not later than three months after the date of the 
enactment of this Act and annually thereafter, the Administrator shall 
report to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the percentage of all passengers who 
are provided expedited security screening, and of such passengers so 
provided, the percentage who are participants in the PreCheck program 
(who have voluntarily submitted biographic and biometric information 
for security risk assessments), the percentage who are participants in 
another trusted traveler program of the Department, the percentage who 
are participants in the PreCheck program due to the Administrator's 
issuance of known traveler numbers, and for the remaining percentage of 
passengers granted access to expedited security screening in PreCheck 
security lanes, information on the percentages attributable to each 
alternative method utilized by the Administration to direct passengers 
to expedited airport security screening at PreCheck security lanes.
  (g) Rule of Construction.--Nothing in this section may be construed 
to--
          (1) authorize or direct the Administrator to reduce or limit 
        the availability of expedited security screening at an airport; 
        or
          (2) limit the authority of the Administrator to use 
        technologies and systems, including passenger screening canines 
        and explosives trace detection, as a part of security screening 
        operations.

SEC. 104. SECURE FLIGHT PROGRAM.

  Not later than 90 days after the date of the enactment of this Act, 
the Administrator shall--
          (1) develop a process for regularly evaluating the root 
        causes of screening errors at checkpoints across airports so 
        that corrective measures are able to be identified;
          (2) implement such corrective measures to address the root 
        causes of such screening errors occurring at the checkpoint;
          (3) develop additional measures to address key performance 
        aspects related to the Secure Flight program goals and ensure 
        that such measures clearly identify activities necessary to 
        achieve progress towards such goals;
          (4) develop a mechanism to systematically document the number 
        and causes of Secure Flight program matching errors for the 
        purpose of improving program performance and provide program 
        managers with timely and reliable information;
          (5) provide job-specific privacy refresher training for 
        Secure Flight program staff to further protect personally 
        identifiable information in the Secure Flight system program; 
        and
          (6) develop a mechanism to comprehensively document and track 
        key Secure Flight program privacy issues and decisions to 
        ensure the Secure Flight program has complete information for 
        effective oversight of its privacy controls.

SEC. 105. EFFICIENCY REVIEW BY TSA.

  (a) Review Required.--Not later than 270 days after the date of the 
enactment of this Act, the Administrator shall conduct and complete a 
comprehensive, agency-wide efficiency review of the Administration to 
identify spending reductions and administrative savings through the 
streamlining and any necessary restructuring of agency divisions to 
make the Administration more efficient. In carrying out the review 
under this section, the Administrator shall consider each of the 
following:
          (1) The elimination of any duplicative or overlapping 
        programs and initiatives that can be streamlined.
          (2) The elimination of any unnecessary or obsolete rules, 
        regulations, directives, or procedures.
          (3) Any other matters the Administrator determines are 
        appropriate.
  (b) Report to Congress.--Not later than 30 days after the completion 
of the efficiency review required under subsection (a), the 
Administrator shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report that specifies the results and 
cost savings expected to be achieved through such efficiency review. 
Such report shall also include information relating to how the 
Administration may use efficiencies identified through such efficiency 
review to provide funding to reimburse airports that incurred eligible 
costs for in-line baggage screening systems.

SEC. 106. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED STATES.

  (a) In General.--The Administrator is authorized to donate security 
screening equipment to a foreign last-point-of-departure airport 
operator if such equipment can be reasonably expected to mitigate a 
specific vulnerability to the security of the United States or United 
States citizens.
  (b) Report to Congress.--Not later than 30 days before any donation 
of equipment under this section, the Administrator shall provide to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate a 
detailed written explanation of--
          (1) the specific vulnerability to the United States that will 
        be mitigated with such donation;
          (2) an explanation as to why the recipient is unable or 
        unwilling to purchase equipment to mitigate such threat;
          (3) an evacuation plan for sensitive technologies in case of 
        emergency or instability in the country to which such donation 
        is being made;
          (4) how the Administration will ensure the equipment that is 
        being donated is used and maintained over the course of its 
        life by the recipient; and
          (5) the total dollar value of such donation.

SEC. 107. REVIEW OF SUSTAINED SECURITY DIRECTIVES.

  (a) In General.--Not later than 90 days after the date of the 
enactment of this Act and annually thereafter, for any security 
directive that has been in effect for longer than one year, the 
Administrator shall review the necessity of such directives, from a 
risk-based perspective.
  (b) Briefing to Congress.--Upon completion of each review pursuant to 
subsection (a), the Administrator shall brief the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate on--
          (1) any changes being made to existing security directives as 
        a result of each such review;
          (2) the specific threat that is being mitigated by any such 
        directive that will remain in effect; and
          (3) the planned disposition of any such directive.

SEC. 108. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.

  (a) In General.--Title XVI of the Homeland Security Act of 2002 (6 
U.S.C. 561 et seq.) is amended by adding at the end the following:

        ``Subtitle C--Maintenance of Security-Related Technology

``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.

  ``(a) In General.--Not later than 180 days after the date of the 
enactment of this subtitle, the Administrator shall develop and 
implement a preventive maintenance validation process for security-
related technology deployed to airports.
  ``(b) Maintenance by Administration Personnel at Airports.--For 
maintenance to be carried out by Administration personnel at airports, 
the process referred to in subsection (a) shall include the following:
          ``(1) Guidance to Administration personnel, equipment 
        maintenance technicians, and other personnel at airports 
        specifying how to conduct and document preventive maintenance 
        actions.
          ``(2) Mechanisms for the Administrator to verify compliance 
        with the guidance issued pursuant to paragraph (1).
  ``(c) Maintenance by Contractors at Airports.--For maintenance to be 
carried out by a contractor at airports, the process referred to in 
subsection (a) shall require the following:
          ``(1) Provision of monthly preventive maintenance schedules 
        to appropriate Administration personnel at each airport that 
        includes information on each action to be completed by a 
        contractor.
          ``(2) Notification to appropriate Administration personnel at 
        each airport when maintenance action is completed by a 
        contractor.
          ``(3) A process for independent validation by a third party 
        of contractor maintenance.
  ``(d) Penalties for Noncompliance.--The Administrator shall require 
maintenance contracts for security-related technology deployed to 
airports to include penalties for noncompliance when it is determined 
that either preventive or corrective maintenance has not been completed 
according to contractual requirements and manufacturers' 
specifications.''.
  (b) Inspector General Assessment.--Not later than one year after the 
date of the enactment of this Act, the Inspector General of the 
Department of Homeland Security shall assess implementation of the 
requirements under section 1621 of the Homeland Security Act of 2002 
(as added by subsection (a) of this section), and provide findings and 
recommendations with respect to the provision of training to 
Administration personnel, equipment maintenance technicians, and other 
personnel under such section 1621 and the availability and utilization 
of equipment maintenance technicians employed by the Administration.
  (c) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 1616 the following:

        ``Subtitle C--Maintenance of Security-Related Technology

``Sec. 1621. Maintenance validation and oversight.''.

SEC. 109. VETTING OF AVIATION WORKERS.

  (a) In General.--Subtitle A of title XVI of the Homeland Security Act 
of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section 1601 
the following new section:

``SEC. 1602. VETTING OF AVIATION WORKERS.

  ``(a) In General.--By not later than December 31, 2015, the 
Administrator, in coordination with the Assistant Secretary for Policy 
of the Department, shall request from the Director of National 
Intelligence access to additional data from the Terrorist Identities 
Datamart Environment (TIDE) data and any or other terrorism-related 
information to improve the effectiveness of the Administration's 
credential vetting program for individuals with unescorted access to 
sensitive areas of airports.
  ``(b) Security Inspection.--By not later than December 31, 2015, the 
Administrator shall issue guidance for Transportation Security 
Inspectors to annually review airport badging office procedures for 
applicants seeking access to sensitive areas of airports. Such guidance 
shall include a comprehensive review of applicants' Criminal History 
Records Check (CHRC) and work authorization documentation during the 
course of an inspection.
  ``(c) Information Sharing.--By not later than December 31, 2015, the 
Administrator may conduct a pilot program of the Rap Back Service, in 
coordination with the Director of the Federal Bureau of Investigation, 
to determine the feasibility of full implementation of a service 
through which the Administrator would be notified of a change in status 
of an individual holding a valid credential granting unescorted access 
to sensitive areas of airports across eligible Administration-regulated 
populations.
  ``(d) Procedures.--The pilot program under subsection (c) shall 
evaluate whether information can be narrowly tailored to ensure that 
the Administrator only receives notification of a change with respect 
to a disqualifying offense under the credential vetting program under 
subsection (a), as specified in 49 CFR 1542.209, and in a manner that 
complies with current regulations for fingerprint-based criminal 
history records checks. The pilot program shall be carried out in a 
manner so as to ensure that, in the event that notification is made 
through the Rap Back Service of a change but a determination of arrest 
status or conviction is in question, the matter will be handled in a 
manner that is consistent with current regulations. The pilot program 
shall also be carried out in a manner that is consistent with current 
regulations governing an investigation of arrest status, correction of 
Federal Bureau of Investigation records and notification of 
disqualification, and corrective action by the individual who is the 
subject of an inquiry.
  ``(e) Determination and Submission.--If the Administrator determines 
that full implementation of the Rap Back Service is feasible and can be 
carried out in a manner that is consistent with current regulations for 
fingerprint-based criminal history checks, including the rights of 
individuals seeking credentials, the Administrator shall submit such 
determination, in writing, to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate, together with information on the costs 
associated with such implementation, including the costs incurred by 
the private sector. In preparing this determination, the Administrator 
shall consult with the Chief Civil Rights and Civil Liberties Officer 
of the Department to ensure that protocols are in place to align the 
period of retention of personally identifiable information and 
biometric information, including fingerprints, in the Rap Back Service 
with the period in which the individual who is the subject of an 
inquiry has a valid credential.
  ``(f) Credential Security.--By not later than September 30, 2015, the 
Administrator shall issue guidance to airports mandating that all 
federalized airport badging authorities place an expiration date on 
airport credentials commensurate with the period of time during which 
an individual is lawfully authorized to work in the United States.
  ``(g) Aviation Worker Lawful Status.--By not later than December 31, 
2015, the Administrator shall review the denial of credentials due to 
issues associated with determining an applicant's lawful status in 
order to identify airports with specific weaknesses and shall 
coordinate with such airports to mutually address such weaknesses, as 
appropriate.
  ``(h) Reports to Congress.--Upon completion of the determinations and 
reviews required under this section, the Administrator shall brief the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate on the results of 
such determinations and reviews.''.
  (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 1601 the following new item:

``Sec. 1602. Vetting of aviation workers.''.

  (c) Status Update on Rap Back Service Pilot Program.--Not later than 
60 days after the date of the enactment of this Act, the Administrator 
of the Transportation Security Administration shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on the status of plans to conduct a pilot program in 
coordination with the Federal Bureau of Investigation of the Rap Back 
Service in accordance with subsection (c) of section 1602 of the 
Homeland Security Act of 2002, as added by subsection (a) of this 
section. The report shall include details on the business, technical, 
and resource requirements for the Transportation Security 
Administration and pilot program participants, and provide a timeline 
and goals for the pilot program.

SEC. 110. AVIATION SECURITY ADVISORY COMMITTEE CONSULTATION.

  (a) In General.--The Administrator shall consult, to the extent 
practicable, with the Aviation Security Advisory Committee (established 
pursuant to section 44946 of title 49 of the United States Code) 
regarding any modification to the prohibited item list prior to issuing 
a determination about any such modification.
  (b) Report on the Transportation Security Oversight Board.--Not later 
than 120 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit to the Transportation 
Security Oversight Board (established pursuant to section 115 of title 
49, United States Code), the Committee on Homeland Security of the 
House of Representatives, and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report that includes general information 
on how often the Board has met, the current composition of the Board, 
and what activities the Board has undertaken, consistent with the 
duties specified in subsection (c) of such section. The Secretary may 
include in such report recommendations for changes to such section in 
consideration of the provisions of section 44946 of title 49, United 
States Code.
  (c) Technical Correction.--Subparagraph (A) of section 44946(c)(2) of 
title 49, United States Code, is amended to read as follows:
                  ``(A) Terms.--The term of each member of the Advisory 
                Committee shall be two years but may continue until 
                such time as a successor member begins serving on the 
                Advisory Committee. A member of the Advisory Committee 
                may be reappointed.''.
  (d) Definition.--In this section, the term ``prohibited item list'' 
means the list of items passengers are prohibited from carrying as 
accessible property or on their persons through passenger screening 
checkpoints at airports, into sterile areas at airports, and on board 
passenger aircraft, pursuant to section 1540.111 of title 49, Code of 
Federal Regulations (as in effect on January 1, 2015).

SEC. 111. PRIVATE CONTRACTOR CANINE EVALUATION AND INTEGRATION PILOT 
                    PROGRAM.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall establish a pilot 
program to evaluate the use, effectiveness, and integration of 
privately-operated explosives detection canine teams using both the 
passenger screening canine and traditional explosives detection canine 
methods.
  (b) Elements.--The pilot program under subsection (a) shall include 
the following elements:
          (1) A full-time presence in three Category X, two Category I, 
        and one Category II airports.
          (2) A duration of at least twelve months from the time 
        private contractor teams are operating at full capacity.
          (3) A methodology for evaluating how to integrate private 
        contractor teams into the checkpoint area to detect explosive 
        devices missed by mechanical or human error at other points in 
        the screening process.
          (4) Covert testing with inert improvised explosive devices 
        and accurately recreated explosives odor traces to determine 
        the relative effectiveness of a full-time canine team in 
        strengthening checkpoint security.
  (c) Quarterly Updates.--The Administrator shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
written updates on the procurement, deployment, and evaluation process 
related to the implementation of the pilot program under subsection (a) 
for every calendar quarter after the date of the enactment of this Act.
  (d) Final Report.--Not later than 90 days after the completion of the 
pilot program under subsection (a), the Administrator shall submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a final report on such pilot program.
  (e) Funding.--Out of funds made available to the Office of the 
Secretary of Homeland Security, $6,000,000 is authorized to be used to 
carry out this section.

SEC. 112. COVERT TESTING AT AIRPORTS.

  (a) In General.--Not later than one year after the date of the 
enactment of this Act and annually thereafter through 2020, the 
Administrator shall conduct covert testing on an on-going basis to test 
vulnerabilities and identify weaknesses in the measures used to secure 
the aviation system of the United States. The Administrator shall, on a 
quarterly basis if practicable, provide to the Inspector General of the 
Department such testing results, methodology, and data.
  (b) Elements.--In carrying out the covert testing required under 
subsection (a), the Administrator shall--
          (1) consider security screening and procedures conducted by 
        TSA;
          (2) use available threat information and intelligence to 
        determine the types and sizes of simulated threat items and 
        threat item-body location configurations for such covert 
        testing;
          (3) use a risk-based approach to determine the location and 
        number of such covert testing;
          (4) conduct such covert testing without notifying personnel 
        at airports prior to such covert testing; and
          (5) identify reasons for failure when TSA personnel or the 
        screening equipment used do not identify and resolve any threat 
        item used during such a covert test.
  (c) Independent Review.--The Inspector General of the Department 
shall conduct covert testing of the aviation system of the United 
States in addition to the covert testing conducted by the Administrator 
under subsection (a), as appropriate, and analyze TSA covert testing 
results, methodology, and data provided pursuant to such subsection to 
determine the sufficiency of TSA covert testing protocols. The 
Inspector General shall, as appropriate, compare testing results of any 
additional covert testing conducted pursuant to this subsection with 
the results of TSA covert testing under subsection (a) to determine 
systemic weaknesses in the security of the aviation system of the 
United States.
  (d) Corrective Action.--Not later than 30 days upon completion of any 
covert testing under subsection (a), the Administrator shall make 
recommendations and implement corrective actions to mitigate 
vulnerabilities identified by such covert testing and shall notify the 
Inspector General of the Department of such recommendations and 
actions. The Inspector General shall review the extent to which such 
recommendations and actions are implemented and the degree to which 
such recommendations and actions improve the security of the aviation 
system of the United States.
  (e) Congressional Notification.--
          (1) By the administrator.--Not later than 30 days upon 
        completion of any covert testing under subsection (a), the 
        Administrator shall brief the Committee on Homeland Security of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs and the Committee on 
        Commerce, Science, and Transportation of the Senate on the 
        results of such covert testing.
          (2) By the inspector general of the department.--The 
        Inspector General shall brief the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs and the Committee on 
        Commerce, Science, and Transportation of the Senate annually on 
        the requirements specified in this section.
  (f) Rule of Construction.--Nothing in this section may be construed 
to prohibit the Administrator or the Inspector General of the 
Department from conducting covert testing of the aviation system of the 
United States with greater frequency than required under this section.

SEC. 113. TRAINING FOR TRANSPORTATION SECURITY OFFICERS.

  The Administrator shall, on a periodic basis, brief the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate on the status of 
efforts to enhance initial and recurrent training of Transportation 
Security Officers.

      TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS

SEC. 201. SURFACE TRANSPORTATION INSPECTORS.

  (a) In General.--Section 1304(d) of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1113; Public Law 110-53) 
is amended--
          (1) by inserting ``surface'' after ``relevant''; and
          (2) by striking ``, as determined appropriate''.
  (b) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and Transportation of 
the Senate a report on the efficiency and effectiveness of the 
Administration's Surface Transportation Security Inspectors Program 
under subsection (d) of section 1304 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113; 
Public Law 110-53).
  (c) Contents.--The report required under subsection (b) shall include 
a review of the following:
          (1) The roles and responsibilities of surface transportation 
        security inspectors.
          (2) The extent to which the TSA has used a risk-based, 
        strategic approach to determine the appropriate number of 
        surface transportation security inspectors and resource 
        allocation across field offices.
          (3) Whether TSA's surface transportation regulations are 
        risk-based and whether surface transportation security 
        inspectors have adequate experience and training to perform 
        their day-to-day responsibilities.
          (4) Feedback from regulated surface transportation industry 
        stakeholders on the benefit of surface transportation security 
        inspectors to the overall security of the surface 
        transportation systems of such stakeholders and the consistency 
        of regulatory enforcement.
          (5) Whether surface transportation security inspectors have 
        appropriate qualifications to help secure and inspect surface 
        transportation systems.
          (6) Whether TSA measures the effectiveness of surface 
        transportation security inspectors.
          (7) Any overlap between the TSA and the Department of 
        Transportation as such relates to surface transportation 
        security inspectors in accordance with section 1310 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1117; Public Law 110-53).
          (8) The extent to which surface transportation security 
        inspectors review and enhance information security practices 
        and enforce applicable information security regulations and 
        directives.
          (9) Any recommendations relating to the efficiency and 
        effectiveness of the TSA's surface transportation security 
        inspectors program.

SEC. 202. INSPECTOR GENERAL AUDIT; TSA OFFICE OF INSPECTION WORKFORCE 
                    CERTIFICATION.

  (a) Inspector General Audit.--
          (1) In general.--Not later than 60 days after the date of the 
        enactment of this Act, the Inspector General of the Department 
        shall analyze the data and methods that the Administrator uses 
        to identify Office of Inspection employees of the 
        Administration who meet the requirements of sections 8331(20), 
        8401(17), and 5545a of title 5, United States Code, and provide 
        the relevant findings to the Administrator, including a finding 
        on whether such data and methods are adequate and valid.
          (2) Prohibition on hiring.--If the Inspector General of the 
        Department finds that the data and methods referred to in 
        paragraph (1) are inadequate or invalid, the Administrator may 
        not hire any new employee to work in the Office of Inspection 
        of the Administration until--
                  (A) the Administrator makes a certification described 
                in subsection (b)(1) to the Committee on Homeland 
                Security of the House of Representatives and the 
                Committee on Homeland Security and Governmental Affairs 
                and the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) the Inspector General submits to such Committees 
                a finding, not later than 30 days after the 
                Administrator makes such certification, that the 
                Administrator utilized adequate and valid data and 
                methods to make such certification.
  (b) TSA Office of Inspection Workforce Certification.--
          (1) In general.--The Administrator shall, by not later than 
        90 days after the date the Inspector General of the Department 
        provides its findings to the Assistant Secretary under 
        subsection (a)(1), document and certify in writing to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate that only those Office of Inspection employees of 
        the Administration who meet the requirements of sections 
        8331(20), 8401(17), and 5545a of title 5, United States Code, 
        are classified as criminal investigators and are receiving 
        premium pay and other benefits associated with such 
        classification.
          (2) Employee reclassification.--The Administrator shall 
        reclassify criminal investigator positions in the Office of 
        Inspection of the Administration as noncriminal investigator 
        positions or non-law enforcement positions if the individuals 
        in such positions do not, or are not expected to, spend an 
        average of at least 50 percent of their time performing 
        criminal investigative duties.
          (3) Projected cost savings.--
                  (A) In general.--The Administrator shall estimate the 
                total long-term cost savings to the Federal Government 
                resulting from the implementation of paragraph (2), and 
                provide such estimate to the Committee on Homeland 
                Security of the House of Representatives and the 
                Committee on Homeland Security and Governmental Affairs 
                and the Committee on Commerce, Science, and 
                Transportation of the Senate by not later than 180 days 
                after the date of enactment of this Act.
                  (B) Contents.--The estimate described in subparagraph 
                (A) shall identify savings associated with the 
                positions reclassified under paragraph (2) and include, 
                among other factors the Administrator considers 
                appropriate, savings from--
                          (i) law enforcement training;
                          (ii) early retirement benefits;
                          (iii) law enforcement availability and other 
                        premium pay; and
                          (iv) weapons, vehicles, and communications 
                        devices.
  (c) Study.--Not later than 180 days after the date that the 
Administrator submits the certification under subsection (b)(1), the 
Inspector General of the Department shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate a study--
          (1) reviewing the employee requirements, responsibilities, 
        and benefits of criminal investigators in the Office of 
        Inspection of the Administration with criminal investigators 
        employed at agencies adhering to the Office of Personnel 
        Management employee classification system; and
          (2) identifying any inconsistencies and costs implications 
        for differences between the varying employee requirements, 
        responsibilities, and benefits.

SEC. 203. REPEAL OF BIENNIAL REPORTING REQUIREMENT FOR THE GOVERNMENT 
                    ACCOUNTABILITY OFFICE RELATING TO THE 
                    TRANSPORTATION SECURITY INFORMATION SHARING PLAN.

  Subsection (u) of section 114 of title 49, United States Code, is 
amended by--
          (1) striking paragraph (7); and
          (2) redesignating paragraphs (8) and (9) as paragraphs (7) 
        and (8), respectively.

SEC. 204. SECURITY TRAINING FOR FRONTLINE TRANSPORTATION WORKERS.

  Not later than 90 days after the date of the enactment of the Act, 
the Administrator shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report regarding the status of the 
implementation of sections 1408 (6 U.S.C. 1137) and 1534 (6 U.S.C. 
1184) of the Implementing Recommendations of the 9/11 Commission Act of 
2007 (Public Law 110-53). The Administrator shall include in such 
report specific information on the challenges that the Administrator 
has encountered since the date of the enactment of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 with respect to 
establishing regulations requiring the provision of basic security 
training to public transportation frontline employees and over-the-road 
bus frontline employees for preparedness for potential security threats 
and conditions.

SEC. 205. FEASIBILITY ASSESSMENT.

  Not later than 120 days after the date of the enactment of this Act, 
the Administrator shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a feasibility assessment of partnering 
with an independent, not-for-profit organization to help provide 
venture capital to businesses, particularly small businesses, for 
commercialization of innovative homeland security technologies that are 
expected to be ready for commercialization in the near term and within 
36 months. In conducting such feasibility assessment, the Administrator 
shall consider the following:
          (1) Establishing an independent, not-for-profit organization, 
        modeled after the In-Q-tel program, a venture capital 
        partnership between the private sector and the intelligence 
        community (as such term is defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 3003(4)), to help 
        businesses, particularly small businesses, commercialize 
        innovative security-related technologies.
          (2) Enhanced engagement, either through the Science and 
        Technology Directorate of the Department of Homeland Security 
        or directly, with the In-Q-tel program described in paragraph 
        (1).

                          Purpose and Summary

    The purpose of H.R. 3584 is to authorize, streamline, and 
identify efficiencies within the Transportation Security 
Administration, and for other purposes.

                  Background and Need for Legislation

    This bill is based on a number of oversight priorities and 
findings by the Subcommittee and serves as part of the 
Committee's larger, ongoing effort to reform and authorize the 
Department of Homeland Security.
    Since the program's inception in 2011, TSA PreCheck has 
seen rapid growth in popularity and utilization, and has been 
the cornerstone of TSA's risk-based security efforts. While the 
program has helped TSA achieve a number of cost and operational 
efficiencies, TSA has relied too heavily on alternate forms of 
granting passengers expedited PreCheck screening. These 
alternate methods, known as Managed Inclusion and Risk 
Assessment, have caused confusion among travelers and have come 
at the expense of comprehensive efforts by TSA to focus on 
expanding full enrollment and converting ``unknown'' passengers 
into ``known'' travelers. This bill forces TSA to concentrate 
on enrolling more people in the program by coordinating and 
leveraging the capabilities and resources of the private sector 
in a secure, responsible manner. The bill also requires TSA to 
take steps to effectively and robustly market the program and 
leverage existing Department of Homeland Security data for 
identification purposes, all while working to enhance recurrent 
vetting capabilities for those enrolled in the program, in 
order to maintain the program's security and integrity. The 
bill is based on the Committee's priorities for enhancing risk-
based security at TSA, as well as industry stakeholder 
feedback.
    In October 2013, TSA began applying PreCheck risk 
assessment rules in Secure Flight (watch-list matching) to 
identify and increase the percentage of passengers screened 
through the PreCheck screening process. TSA's Risk Assessment 
program uses its Secure Flight system to identify travelers on 
a flight-by-flight basis who may be eligible for expedited 
screening by using previously collected information that is 
already provided to TSA by the airlines. Passengers who are a 
match to a watch-list will continue to receive the appropriate 
screening. For all other passengers, the analysis of this data 
will determine whether passengers will receive expedited or 
standard screening. Just like with MI, travelers who experience 
expedited screening through Risk Assessment are not subject to 
a criminal history background check. However, in contrast to MI 
participants, passengers who are eligible for PreCheck through 
Risk Assessment are not required to undergo screening by 
passenger screening canine teams or explosives trace detection 
technology. This legislation requires TSA to restrict its use 
of these alternate methods of diverting passengers into 
PreCheck, unless the agency can demonstrate that such methods 
have been tested and proven to be effective security tools. In 
turn, this will close concerning security vulnerabilities with 
the program and prioritize enrollment in the PreCheck program.
    In addition, the Department of Homeland Security Inspector 
General recently released a report entitled ``TSA Can Improve 
Aviation Worker Vetting'' (DHS OIG-15-98) which found that 73 
aviation workers with access to secure areas in our nation's 
airports had links to terrorism. Some of the issues noted by 
the report included policies that prevented the Transportation 
Security Administration (TSA) from having access to all the 
terrorism category codes in the agency's extract of the 
Terrorist Screening Database used to vet employees, and limited 
oversight of airport operators performing criminal history and 
work authorization checks on the aviation workers. The report 
made six recommendations to strengthen the vetting of 
credentialed aviation workers. This legislation codifies 
several of those recommendations and ensures that TSA has 
access to the necessary data to properly vet aviation 
employees, strengthen its criminal background check 
capabilities, and better-resolve issues of lawful status for 
credential applicants. The need for enhanced and robust 
employee vetting stems from the threat to aviation posed by 
those with access to sensitive and secure areas at airports. A 
number of incidents in recent years have highlighted security 
gaps in the employee vetting process, including gun and drug 
smuggling operations, as well as instances of radicalization of 
aviation workers. While there has not yet been a successful 
instance of terrorism perpetrated by an aviation worker, the 
Committee seeks to close perceived gaps in vetting and 
strengthen the overall security of the aviation sector.
    The Department of Homeland Security Office of the Inspector 
General also recently issued another report entitled ``The 
Transportation Security Administration Does Not Properly Manage 
Its Airport Screening Equipment Maintenance Program'' (DHS OIG-
15-86) which examined the TSA's airport screening equipment 
maintenance program and determined that adequate policies and 
procedures had not been implemented. This has resulted in 
equipment not being maintained to the specifications required 
by the manufacturer. Additionally, TSA did not have adequate 
policies to oversee if the routine preventative maintenance was 
accomplished resulting in equipment not being ready for 
operational use. This could shorten the operational life of 
some equipment and incur unnecessary costs to replace it. 
Additionally, the equipment, if not properly maintained, has 
the potential to be less effective at detecting dangerous 
items, which could jeopardize passenger and airline safety. 
This legislation codifies the recommendations of the Inspector 
General to address these vulnerabilities.
    Other provisions of this bill are based on watchdog report 
recommendations, stake holder feedback, TSA legislative 
proposals, the text of H.R. 2127, H.R. 2750, H.R. 2770 and H.R. 
2843, all of which unanimously passed the House in July, as 
well as H.R. 3144, and general oversight findings and 
priorities, pursuant to the Committee's oversight plan for the 
114th Congress.

                                Hearings

    The Committee held no legislative hearings on H.R. 3584. 
However the Committee held the following oversight hearings and 
received briefings on issues related to the contents of this 
legislation:
    On March 4, 2015, the Subcommittee on Transportation 
Security held a classified Member briefing on air passenger and 
baggage screening capabilities. Representatives from the DHS-IG 
and the GAO were available to provide an overview of 
capabilities and testing efforts and to respond to Member 
questions.
    On June 2, 2015, the Subcommittee on Transportation 
Security held a classified Member briefing on threats to 
transportation security. Representatives from TSA were 
available to provide an overview of the transportation threat 
landscape and respond to Member questions.
    On June 16, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``How TSA Can Improve Aviation 
Worker Vetting.'' The Subcommittee received testimony from Hon. 
John Roth, Inspector General, U.S. Department of Homeland 
Security; Ms. Stacey Fitzmaurice, Deputy Assistant 
Administrator, Office of Intelligence and Analysis, 
Transportation Security Administration, U.S. Department of 
Homeland Security; and Ms. Jennifer Grover, Director, 
Transportation Security and Coast Guard Issues, Homeland 
Security and Justice Team, U.S. Government Accountability 
Office.
    On September 17, 2015, the Subcommittee on Transportation 
Security and the Subcommittee on Counterterrorism and 
Intelligence held a joint hearing entitled ``Safeguarding our 
Nation's Surface Transportation Systems Against Evolving 
Terrorist Threats.'' The Subcommittees received testimony from 
Mr. Eddie Mayenschein, Assistant Administrator, Office of 
Security Policy and Industry Engagement, Transportation 
Security Administration, U.S. Department of Homeland Security; 
Ms. Jennifer Grover, Director, Transportation Security and 
Coast Guard Issues, Homeland Security and Justice Team, U.S. 
Government Accountability Office; Mr. Raymond Diaz, Director of 
Security, Metropolitan Transportation Authority (New York); and 
Ms. Polly Hanson, Chief of Police, National Railroad Passenger 
Corporation (Amtrak).

                        Committee Consideration

    The Committee met on September 30, 2015, to consider 
H.R.3584, and ordered the measure to be reported to the House 
with a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:

 An en bloc amendment offered by MR. THOMPSON of Mississippi 
(#1); was AGREED TO by voice vote.

     Consisting of the following amendments:
     Page 12, beginning line 6, strike ``not later than 180 days after 
the date of the enactment of this Act,''.

     At the end of the bill add a new section entitled ``Sec. 205. 
Feasibility Assessment.''

 An amendment offered by MR. PERRY (#2); was AGREED TO by voice 
vote.

     At the end of title I, add a new section entitled ``Sec. 112. 
Covert Testing at Airports.''

 An en bloc amendment offered by MS. JACKSON LEE (#3); was 
AGREED TO by voice vote.

     Consisting of the following amendments:
     At the end of title I, add a new section entitled ``Sec. 112. 
Training for Transportation Security Officers.''

     Page 33, beginning line 3, insert the following: (8) Any 
recommendations relating to the efficiency and effectiveness of the 
TSA's surface transportation security inspectors program.

 An amendment offered by MR. CLAWSON (#4); was AGREED TO by 
voice vote.

     Page 18, line 13, insert the following: ``Such report shall also 
include information relating to how the Administration may use 
efficiencies identified through such efficiency review to provide 
funding to reimburse Airports that incurred eligible costs for in-line 
baggage screening systems.''

 An amendment offered by MR. LANGEVIN (#5); was AGREED TO by 
voice vote.

     Page 33, beginning line 3, insert the following: (8) The extent to 
which surface transportation security inspectors review and enhance 
information security practices and enforce applicable information 
security regulations and directives.

 An amendment offered by MR. THOMPSON (#6); was AGREED TO by 
voice vote.

     Page 11, line 16, strike ``reducing'' and insert ``assessing''.

                            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.3584.

                      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. 
3584, the Transportation Security Administration Reform and 
Improvement Act of 2015, 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, November 4, 2015.
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. 3584, the 
Transportation Security Administration Reform and Improvement 
Act of 2015.
    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.
    Enclosure.

H.R. 3584--Transportation Security Administration Reform and 
        Improvement Act of 2015

    Summary: H.R. 3584 would specify a variety of requirements 
related primarily to aviation security programs implemented by 
the Transportation Security Administration (TSA). The bill 
would modify TSA programs for screening air passengers, vetting 
certain employees with access to secure areas of airports, 
conducting maintenance of screening equipment, and would 
require various administrative analyses and reports.
    CBO estimates that implementing H.R. 3584 would cost $21 
million over the 2016-2020 period, assuming appropriation of 
the necessary amounts. Enacting H.R. 3584 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    Enacting H.R. 3584 would not increase net direct spending 
or on-budget deficits in any of the four consecutive 10-year 
periods beginning in 2026.
    H.R. 3584 would impose an intergovernmental and private-
sector mandate as defined in the Unfunded Mandates Reform Act 
(UMRA) on airport authorities that issue badges to people 
authorized to work at airports. Based on information from TSA 
and groups representing airport authorities, CBO estimates that 
the cost to both public and private airports of complying with 
the mandate would be small and well below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($77 million and $154 million, respectively in 2015, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 3584 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2016       2017       2018       2019       2020    2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level.................         13          2          2          2          2         21
Estimated Outlays.............................          7          7          3          2          2         21
----------------------------------------------------------------------------------------------------------------

    Basis of Estimate: H.R. 3584 would amend provisions of law 
that govern TSA's authority to carry out security-related 
activities and would specify new requirements, particularly 
related to programs to screen air passengers and oversee other 
security measures at airports. According to the agency, many of 
the bill's provisions would effectively codify existing 
programs, but some provisions would require TSA to undertake 
new efforts that would increase federal costs. Such provisions 
would direct TSA to:
           Expand enrollment in the PreCheck program, 
        through which air travelers voluntarily apply to be 
        prescreened using biographic and biometric information 
        to determine whether they qualify for expedited 
        screening at airport security checkpoints;
           Conduct a pilot program to establish an 
        automated, biometric-based system to verify the 
        identity of travelers enrolled in the PreCheck program;
           Establish an automated system at all large 
        hub airports to verify travel documents of passengers 
        not enrolled in the PreCheck program;
           Expand efforts to improve the effectiveness 
        of the Secure Flight Program, through which TSA 
        compares air passengers' names to lists of trusted 
        travelers and watchlists to identify low and high-risk 
        passengers;
           Implement a pilot program to evaluate the 
        feasibility of contracting with private firms for 
        explosives-detection services involving canine teams; 
        and,
           Enhance procedures for vetting airport 
        workers by expanding efforts to share data and 
        terrorist-related information among federal agencies 
        responsible for intelligence and law enforcement.
    Based on information from TSA about the costs of existing 
and similar security-related activities, CBO estimates that 
implementing new requirements under H.R. 3584 would cost $21 
million over the 2016-2020 period, assuming appropriation of 
the necessary amounts. That estimate includes $6 million 
specifically authorized for the pilot program related to canine 
teams detecting explosives, $5 million in estimated one-time 
costs for equipment and other upfront costs associated with 
expanding the use of biometric-based screening and the 
automated capacity of the Secure Flight program, and $2 million 
in increased annual costs over the 2016-2020 period for 
additional personal and administrative expenses required to 
maintain expanded efforts under the bill.
    In addition, CBO expects that the proposed expansion of 
TSA's PreCheck program, while largely consistent with current 
administrative policy, could involve additional costs by 
increasing the number of passengers that apply for prescreening 
services under the bill. Because such passengers pay fees to 
offset TSA's costs of providing such services, CBO estimates 
that any net changes in federal spending related to increased 
credentialing activities (which would be subject to provisions 
in annual appropriation acts) would not be significant in any 
year.
    Pay-As-You-Go Consideration: None.
    Increase in long term direct spending and deficits: CBO 
estimates that enacting H.R. 3584 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2026.
    Intergovernmental and private-sector impact: H.R. 3584 
would impose an intergovernmental and private-sector mandate as 
defined in UMRA on airport authorities that issue badges to 
people authorized to work at airports. The bill would require 
those authorities to set the expiration of badges for 
noncitizen employees to correspond with the employee's 
temporary authorization to work in the United States.
    Under current law, badges must expire at least every two 
years. This bill would require airport authorities to change 
practices for the issuance of badges to match the expiration 
dates for those employees. According to information from TSA 
and groups representing airport authorities, the proportion of 
employees with temporary work authorization is small. Because 
current law requires the issuing agent to include expiration 
dates on the badges, CBO expects that the requirement to align 
the expiration date with work authorization would only require 
small changes to existing policies and practices.
    Consequently, CBO estimates that the additional cost to 
both public and private airports of complying with the mandate 
would fall well below the annual thresholds established in UMRA 
for intergovernmental and private-sector mandates ($77 million 
and $154 million, respectively in 2015, adjusted annually for 
inflation).
    Previous CBO estimates: H.R. 3584 contains several 
provisions that are similar to other bills for which CBO has 
transmitted estimates. In all cases, our estimates of the 
budgetary effects are the same. In particular:
           Section 101 of H.R. 3584 is similar to H.R. 
        2843, the TSA PreCheck Expansion Act, as ordered 
        reported by the House Committee on Homeland Security on 
        June 25, 2015, for which CBO transmitted an estimate on 
        July 17, 2015;
           Section 103 of H.R. 3584 is similar to H.R. 
        2127, the Securing Expedited Screening Act, as ordered 
        reported by the House Committee on Homeland Security on 
        June 25, 2015, for which CBO transmitted an estimate on 
        July 17, 2015;
           Section 108 of H.R. 3584 is similar to H.R. 
        2770, the Keeping our Travelers Safe and Secure Act, as 
        ordered reported by the House Committee on Homeland 
        Security on June 25, 2015, for which CBO transmitted an 
        estimate on July 17, 2015;
           Section 109 of H.R. 3584 is similar to H.R. 
        2750, the Improved Security Vetting for Aviation 
        Workers Act of 2015, as ordered reported by the House 
        Committee on Homeland Security on June 25, 2015, for 
        which CBO transmitted an estimate on July 24, 2015;
           Section 110 of H.R. 3584 is similar to H.R. 
        3144, the Partners for Aviation Security Act, as 
        ordered reported by the House Committee on Homeland 
        Security on September 30, 2015, for which CBO 
        transmitted an estimate on October 16, 2015; and
           Section 202 of H.R. 3584 is similar to H.R. 
        719, the TSA Office of Inspection Accountability Act of 
        2015, as ordered reported by the Senate Committee on 
        Commerce, Science, and Transportation on February 26, 
        2015, for which CBO transmitted an estimate on March 
        18, 2015.
    Estimate prepared by: Federal costs: Megan Carroll, Impact 
on state, local, and tribal governments: Melissa Merrell, 
Impact on the private sector: Amy Petz.
    Estimate 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. 3584 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation authorizes, streamlines, and reforms 
certain programs within the Transportation Security 
Administration as part of the Committee's broader reform and 
improvement effort for the Department of Homeland Security. The 
text includes an authorization of TSA's PreCheck program, along 
with direction for TSA to implement biometric identification 
solutions at checkpoints, and an expansion of the PreCheck 
program to include partnerships with the private sector and a 
comprehensive marketing strategy. Additionally, H.R. 3584 
includes a provision to close security gaps by limiting 
PreCheck screening to individuals who have successfully 
registered in the program, have been properly vetted, or are 
Members of an identified trusted population.
    The bill enhances TSA's Secure Flight watchlist matching 
program, including requiring TSA to establish mechanisms to 
track and resolve the root causes of screening errors at 
checkpoints, develop performance metrics for the program, and 
provide job-specific privacy training for Secure Flight 
employees to protect individuals' personally identifiable 
information. In an effort to promote agency efficiency, the 
bill also includes a provision directing the Administrator to 
conduct an efficiency review focused on eliminating waste and 
duplicative efforts within TSA. The bill also authorizes TSA to 
donate security screening equipment to overseas airport 
operators at last point of departure airports with flights to 
the United States, in order to protect U.S. citizens and 
national security.
    The legislation also requires TSA to develop a process by 
which the agency may validate preventative maintenance being 
performed on security screening equipment, as well as a review 
and assessment by the DHS Inspector General. The bill bolsters 
aviation worker vetting by directing TSA to seek additional 
data on credential applicants, as well as issue guidance for 
inspections of airport badging procedures and initiate a pilot 
of the FBI's Rap Back vetting program. Moreover, the bill seeks 
to enhance credentialing procedures by ensuring that issuance 
and expiration of credentials are commensurate with 
individuals' lawful status to work in the United States. 
Further, the bill articulates increased involvement and 
oversight of the Aviation Security Advisory Committee, the 
Transportation Security Oversight Board, and the use of private 
sector explosives trace detection canine teams.
    H.R. 3584 also includes a surface transportation security 
title, which requires the GAO to conduct a review of TSA's 
Surface Transportation Security Inspectors Program. This review 
is to include an assessment of the roles and responsibilities 
of inspectors, whether the program is risk-based and efficient, 
the qualifications of the inspectors, feedback from industry 
stakeholders, as well as possible overlap between TSA and the 
Department of Transportation, as it relates to the program. The 
bill requires the review and subsequent reclassification of 
employees within TSA's Office of Inspection, as well as 
validation of methodology by the DHS Inspector General. Lastly, 
the text repeals a biennial reporting requirement for the GAO 
and requires TSA to submit a report on the implementation of 9/
11 Act training requirements for frontline surface 
transportation employees.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3584 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. 3584 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3584 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 bill may be cited as the 
``Transportation Security Administration Reform and Improvement 
Act of 2015''.

Sec. 2.   Definitions

    This section defines the terms used in this legislation 
including: ``TSA'' and ``Administration'' refer to the 
Transportation Security Administration; ``Administrator'' 
refers to the Administrator of the Transportation Security 
Administration. ``Intelligence Community'' is defined pursuant 
to the National Security Act of 1947. ``Department'' means the 
Department of Homeland Security. ``Secure Flight'' means the 
Administration's watchlist matching program.

                       TITLE I--AVIATION SECURITY

Sec. 101.   TSA Precheck

    This section directs the Administrator, within 90 days, to 
ensure that passenger screening is conducted in a risk-based, 
intelligence-driven manner with consideration for privacy and 
civil liberties. Further, the Administrator shall operate a 
trusted passenger program known as TSA PreCheck. This program 
shall provide expedited screening for low-risk passengers and 
their accessible property based on a comprehensive and 
continuous analysis of various factors, including if 
passengers: are members of other DHS trusted traveler programs, 
are members of the armed forces or are traveling on military 
orders, possess an active security clearance, and are members 
of populations designated in a written security assessment as 
posing a low risk to aviation security.

Sec. 102.   Precheck and general passenger biometric identification.

    This section requires the Administrator within one year of 
enactment to conduct a pilot project for a secure, automated, 
biometric-based system at airports to verify the identity of 
passengers who are members of TSA PreCheck. This system must 
assess the need for screening personnel to perform travel 
document verification, assess the average wait-time of PreCheck 
participants, assess overall operating expenses, be integrated 
with TSA's watchlist matching program and checkpoint 
technologies, and borrow capabilities and policies of the U.S. 
Customs and Border Protection's Global Entry Program as 
appropriate.

Sec. 103.   Limitation; Pre-Check operations maintained; alternate 
        methods.

    This section requires that the Administrator to limit the 
access to expedited airport security screening at checkpoints 
to passengers who voluntarily submit biographic and biometric 
information for a security risk assessment or who are 
participants in another registered traveler program of the 
Department or who have been identified as being of low risk to 
aviation security, such as members of the armed forces or 
individuals holding a security clearance. Any alternate methods 
of providing expedited screening must reliably and effectively 
identify low risk passengers and mitigate known threats to 
aviation.
    Additionally, this section requires the Administrator, not 
later than three months after the date of the enactment of this 
Act and annually thereafter, to report to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate on the percentage of all passengers who are provided 
expedited security screening, and of such passengers so 
provided, the percentage who are participants in the PreCheck 
program, the percentage who are participants in another trusted 
traveler program of the Department, the percentage who are 
participants in the PreCheck program due to the Administrator's 
issuance of known traveler numbers and for the remaining 
percentage of passengers granted access to expedited security 
screening in PreCheck security lanes, information on the 
percentages attributable to each alternative method utilized by 
the Administration to direct passengers to expedited airport 
security screening at PreCheck security lanes.

Sec. 104.   Secure Flight Program

    This section requires the Administrator within 90 days to 
develop a process for regularly evaluating the root causes of 
screening errors, implement corrective measures to address the 
root causes of screening errors occurring at the checkpoint, 
develop additional measures to address key performance aspects 
related to the Secure Flight program, develop a mechanism to 
systematically document the number and causes of Secure Flight 
matching errors for the purpose of improving program 
performance, provide job-specific privacy refresher training 
for Secure Flight staff and develop a mechanism to 
comprehensively document and track Secure Flight privacy issues 
and decisions to ensure Secure Flight has complete information 
for effective oversight of its privacy controls.

Sec. 105.   Efficiency Review by TSA

    This section requires the Assistant Secretary within 270 
days after the enactment to conduct a comprehensive, agency-
wide efficiency review of the Transportation Security Agency to 
identify spending reductions and administrative savings by: the 
elimination of duplicative or overlapping programs, as well as 
the elimination of unnecessary or obsolete rules, regulations, 
directives or procedures. In addition, the Assistant Secretary 
is required to submit a report to the House Committee on 
Homeland Security, Homeland Security and Governmental Affairs; 
and Senate Committee on Commerce, Science, and Transportation 
within 30 days of the completion of the efficiency review. The 
report will also include information relating to how the 
Administration may use efficiencies identified through such 
efficiency review to provide funding to reimburse Airports that 
incurred eligible costs for in-line baggage screening systems.

Sec. 106.   Donation of screening equipment to protect the United 
        States

    This section authorizes the Administrator to donate 
security-screening equipment to a foreign last point of 
departure airport operator if the equipment can be reasonably 
expected to mitigate a specific vulnerability to the security 
of the United States or American citizens. In addition, this 
section requires the administrator not later than 30 days prior 
to any donation to provide to the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate, a detailed 
written explanation of the specific vulnerability to the United 
States that will be mitigated with the donation, why the 
recipient is unable or unwilling to purchase equipment to 
mitigate the threat, an evacuation plan for sensitive 
technologies in case of emergency or instability in the country 
to which equipment is being donated, how the Administration 
will ensure the equipment is used and maintained over the 
course of its life by the recipient, and the total dollar value 
of the donation.

Sec. 107.   Review of sustained security directives

    This section requires the Administrator within 90 days of 
enactment of this act and annually thereafter, to review the 
necessity of any security directive that has been in effect for 
longer than one year, and brief the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate on any 
changes being made to existing security directives as a result 
of the review conducted under this section, the specific threat 
that is being mitigated by any directive that will remain in 
effect, and the planned disposition of the security directive.

Sec. 108.   Maintenance of Security-related technology

    This section requires the Administrator, within 180 days, 
to develop and implement a preventative maintenance validation 
process for security-related technology deployed at airports 
both for airport personnel and contractors. This process should 
include the issuance of guidance and the development of 
reporting requirements, as well as penalties for non-compliance 
and a review by the Department of Homeland Security Inspector 
General.

Sec. 109.   Vetting of airport workers.

    This section requires the Administrator, in coordination 
with the Assistant Secretary for Policy of the Department to 
request additional access to data from the Terrorist Identities 
Datamart Environment and other databases in order to improve 
the vetting of aviation workers by December 31, 2015. This 
section also directs the Administrator to issue guidance to 
improve auditing procedures for airport badging offices and 
authorizes the Administrator to implement a pilot program of 
the FBI's Rap Back Service. Additionally, the Administrator is 
directed to review the denial of credentials associated with an 
individual's lawful status.

Sec. 110.   Aviation Security Advisory Committee consultation

    This section requires the Administrator, to the extent 
practicable, to consult with the Aviation Security Advisory 
Committee regarding any modifications to the prohibited items 
list prior to issuing a determination about any such 
modification. This section also requires the Secretary, within 
120 days of enactment, to submit to the Transportation Security 
Oversight Board, the House Committee on Homeland Security and 
relevant Senate Committees a report that includes general 
information on how often the Board has met, the current 
composition of the Board, and what activities the Board has 
undertaken. This section also amends subparagraph (A) of 
section 4946(c)(2) of title 49, in order to allow a member of 
the Aviation Security Advisory Committee to serve longer than a 
two year term in order to prevent a vacancy before a successor 
is appointed.

Sec. 111.   Private contractor canine evaluation and Integration Pilot 
        Program

    This section directs the Administrator, within 180 days, to 
conduct a pilot program to evaluate the use, effectiveness, and 
integration of privately-operated explosives detection canines 
teams to supplement existing capabilities for passenger 
screening and traditional explosives detection methods. The 
pilot is to include covert testing to determine security 
effectiveness and is funded by monies made available to the 
Office of the Secretary of Homeland Security.

Sec. 112.   Covert testing at airports

    This section requires TSA to conduct regular covert 
testing, not later than one year after the enactment of the 
bill and annually thereafter through 2020, of airport security 
checkpoints, in order to identify weaknesses and 
vulnerabilities in the security apparatus protecting U.S. 
aviation systems. These results are to be reported, quarterly 
if practicable, to the DHS Inspector General and the Committee 
on Homeland Security in the House; Homeland Security and 
Governmental Affairs; and Committee on Commerce, Science, and 
Transportation. Additionally, the amendment directs TSA to 
recommend and implement corrective actions to close security 
vulnerabilities identified by the testing.
    The Administrator is required, within 30 days of the 
completion of the covert testing, to report to the appropriate 
committees on the results of the covert testing, as well as, 
the DHS Inspector General.
    Additionally, this section requires the DHS Inspector 
General to conduct its own covert testing, compare its results 
to that of the TSA's and report to the House Committee on 
Homeland Security; Homeland Security and Governmental Affairs; 
and Senate Committee on Commerce, Science, and Transportation

Sec. 113.   Training for Transportation Security Officers.

    This section requires the Administrator to report to the 
Committee on Homeland Security in the House; Homeland Security 
and Governmental Affairs; and Senate Committee on Commerce, 
Science, and Transportation on a periodic basis on the status 
of efforts to enhance initial and recurrent training of 
Transportation Security Officers.

      TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS

Sec. 201.   Surface Transportation Inspectors

    This section would require GAO within one year of enactment 
to issue a report to the Committee on Homeland Security of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation and the Committee on Homeland 
Security and Governmental Affairs of the Senate on the 
efficiency and effectiveness of the Administration's Surface 
Transportation Security Inspectors Program. This report will 
also focus on the extent with which the Transportation Security 
Inspectors review and enhance information, security practices 
and enforce applicable security information, regulations and 
directives.

Sec. 202.   Inspector General audit; TSA Office of Inspection workforce 
        certification

    This section requires the Inspector General of the 
Department of Homeland Security, within 60 days, to analyze the 
data and methods used by the Administrator to classify 
employees within the Office of Inspection and for the 
Administrator to conduct a workforce assessment and subsequent 
reclassification of employees within the Office of Inspection, 
in accordance with Office of Personnel Management employee 
classification regulations. The section also requires the 
Administrator to report to Congress on the estimated cost 
savings achieved through a workforce realignment within the 
Office of Inspection.

Sec. 203.   Repeal of biennial reporting requirement for the Government 
        Accountability Office relating to the Transportation Security 
        Information sharing plan

    This section would repeal a 9/11 Act requirement that 
required GAO to report biennially on the satisfaction of 
recipients of transportation intelligence reports disseminated 
by the Department of Homeland Security.

Sec. 204.   Security training for frontline transportation workers

    This section requires the Administrator, within 90 days, to 
report to the appropriate Congressional Committees on the 
status of the implementation of training requirements for 
public transportation frontline employees in the 9/11 Act.

Sec. 205.   Feasibility assessment

    This amendment requires the Administrator, not later than 
120 days after the bill's enactment, to conduct an assessment 
and submit a report to the House Committee on Homeland 
Security, the Senate Committee on Homeland Security and 
Governmental Affairs and the Senate Committee on Commerce, 
Science and Transportation on the feasibility of establishing a 
partnership with an independent, not-for-profit organization to 
help provide venture capital to businesses for 
commercialization of innovative homeland security technologies 
that are expected to be ready for commercialization within 3 
years.

         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) 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 (t).
                  (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) Survey and report.--
                  [(A) In general.--The Comptroller General of 
                the United States shall conduct a biennial 
                survey of the satisfaction of recipients of 
                transportation intelligence reports 
                disseminated under the Plan.
                  [(B) Information sought.--The survey 
                conducted under subparagraph (A) shall seek 
                information about the quality, speed, 
                regularity, and classification of the 
                transportation security information products 
                disseminated by the Department of Homeland 
                Security to public and private stakeholders.
                  [(C) Report.--Not later than 1 year after the 
                date of the enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 
                2007, and every even numbered year thereafter, 
                the Comptroller General shall submit to the 
                appropriate congressional committees, a report 
                on the results of the survey conducted under 
                subparagraph (A). The Comptroller General shall 
                also provide a copy of the report to the 
                Secretary.]
          [(8)] (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.
          [(9)] (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

  (a) In General.--The Under Secretary of Transportation for 
Security shall provide for the screening of all passengers and 
property, including United States mail, cargo, carry-on and 
checked baggage, and other articles, that will be carried 
aboard a passenger aircraft operated by an air carrier or 
foreign air carrier in air transportation or intrastate air 
transportation. In the case of flights and flight segments 
originating in the United States, the screening shall take 
place before boarding and shall be carried out by a Federal 
Government employee (as defined in section 2105 of title 5, 
United States Code), except as otherwise provided in section 
44919 or 44920 and except for identifying passengers and 
baggage for screening under the CAPPS and known shipper 
programs and conducting positive bag-match programs.
  (b) Supervision of Screening.--All screening of passengers 
and property at airports in the United States where screening 
is required under this section shall be supervised by uniformed 
Federal personnel of the Transportation Security Administration 
who shall have the power to order the dismissal of any 
individual performing such screening.
  (c) Establishment of Screening System for Certain 
Passengers.--Not later than December 31, 2017, in accordance 
with the requirements of the Transportation Security 
Administration Reform and Improvement Act of 2015, the 
Administrator of the Transportation Security Administration 
shall establish a secure, automated system at all large hub 
airports for verifying travel and identity documents of 
passengers who are not members of the Administration's risk-
based aviation passenger screening program, known as ``TSA 
PreCheck''. Such system shall--
          (1) assess the need for security screening personnel 
        to perform travel document verification for such 
        passengers, thereby assessing the overall number of 
        such screening personnel;
          (2) assess the average wait time of such passengers;
          (3) assess overall operating expenses of the 
        Administration;
          (4) be integrated with the Administration's watch 
        list matching program; and
          (5) be integrated with other checkpoint technologies 
        to further facilitate risk-based passenger screening at 
        the checkpoint, to the extent practicable and 
        consistent with security standards.
  [(c)] (d) Checked Baggage.--A system must be in operation to 
screen all checked baggage at all airports in the United States 
as soon as practicable but not later than the 60th day 
following the date of enactment of the Aviation and 
Transportation Security Act.
  [(d)] (e) Explosives Detection Systems.--
          (1) In general.--The Under Secretary of 
        Transportation for Security shall take all necessary 
        action to ensure that--
                  (A) explosives detection systems are deployed 
                as soon as possible to ensure that all United 
                States airports described in section 44903(c) 
                have sufficient explosives detection systems to 
                screen all checked baggage no later than 
                December 31, 2002, and that as soon as such 
                systems are in place at an airport, all checked 
                baggage at the airport is screened by those 
                systems; and
                  (B) all systems deployed under subparagraph 
                (A) are fully utilized; and
                  (C) if explosives detection equipment at an 
                airport is unavailable, all checked baggage is 
                screened by an alternative means.
          (2) Deadline.--
                  (A) In general.--If, in his discretion or at 
                the request of an airport, the Under Secretary 
                of Transportation for Security determines that 
                the Transportation Security Administration is 
                not able to deploy explosives detection systems 
                required to be deployed under paragraph (1) at 
                all airports where explosives detection systems 
                are required by December 31, 2002, then with 
                respect to each airport for which the Under 
                Secretary makes that determination--
                          (i) the Under Secretary shall submit 
                        to the Senate Committee on Commerce, 
                        Science, and Transportation and the 
                        House of Representatives Committee on 
                        Transportation and Infrastructure a 
                        detailed plan (which may be submitted 
                        in classified form) for the deployment 
                        of the number of explosives detection 
                        systems at that airport necessary to 
                        meet the requirements of paragraph (1) 
                        as soon as practicable at that airport 
                        but in no event later than December 31, 
                        2003; and
                          (ii) the Under Secretary shall take 
                        all necessary action to ensure that 
                        alternative means of screening all 
                        checked baggage is implemented until 
                        the requirements of paragraph (1) have 
                        been met.
                  (B) Criteria for determination.--In making a 
                determination under subparagraph (A), the Under 
                Secretary shall take into account--
                          (i) the nature and extent of the 
                        required modifications to the airport's 
                        terminal buildings, and the technical, 
                        engineering, design and construction 
                        issues;
                          (ii) the need to ensure that such 
                        installations and modifications are 
                        effective; and
                          (iii) the feasibility and cost-
                        effectiveness of deploying explosives 
                        detection systems in the baggage 
                        sorting area or other non-public area 
                        rather than the lobby of an airport 
                        terminal building.
                  (C) Response.--The Under Secretary shall 
                respond to the request of an airport under 
                subparagraph (A) within 14 days of receiving 
                the request. A denial of request shall create 
                no right of appeal or judicial review.
                  (D) Airport effort required.--Each airport 
                with respect to which the Under Secretary makes 
                a determination under subparagraph (A) shall--
                          (i) cooperate fully with the 
                        Transportation Security Administration 
                        with respect to screening checked 
                        baggage and changes to accommodate 
                        explosives detection systems; and
                          (ii) make security projects a 
                        priority for the obligation or 
                        expenditure of funds made available 
                        under chapter 417 or 471 until 
                        explosives detection systems required 
                        to be deployed under paragraph (1) have 
                        been deployed at that airport.
          (3) Reports.--Until the Transportation Security 
        Administration has met the requirements of paragraph 
        (1), the Under Secretary shall submit a classified 
        report every 30 days after the date of enactment of 
        this Act to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure 
        describing the progress made toward meeting such 
        requirements at each airport.
          (4) Preclearance airports.--
                  (A) In general.--For a flight or flight 
                segment originating at an airport outside the 
                United States and traveling to the United 
                States with respect to which checked baggage 
                has been screened in accordance with an 
                aviation security preclearance agreement 
                between the United States and the country in 
                which such airport is located, the Assistant 
                Secretary (Transportation Security 
                Administration) may, in coordination with U.S. 
                Customs and Border Protection, determine 
                whether such baggage must be re-screened in the 
                United States by an explosives detection system 
                before such baggage continues on any additional 
                flight or flight segment.
                  (B) Aviation security preclearance agreement 
                defined.--In this paragraph, the term 
                ``aviation security preclearance agreement'' 
                means an agreement that delineates and 
                implements security standards and protocols 
                that are determined by the Assistant Secretary, 
                in coordination with U.S. Customs and Border 
                Protection, to be comparable to those of the 
                United States and therefore sufficiently 
                effective to enable passengers to deplane into 
                sterile areas of airports in the United States.
                  (C) Report.--The Assistant Secretary shall 
                submit to the Committee on Homeland Security of 
                the House of Representatives, the Committee on 
                Commerce, Science, and Transportation of the 
                Senate, and the Committee on Homeland Security 
                and Governmental Affairs of the Senate an 
                annual report on the re-screening of baggage 
                under this paragraph. Each such report shall 
                include the following for the year covered by 
                the report:
                          (i) A list of airports outside the 
                        United States from which a flight or 
                        flight segment traveled to the United 
                        States for which the Assistant 
                        Secretary determined, in accordance 
                        with the authority under subparagraph 
                        (A), that checked baggage was not 
                        required to be re-screened in the 
                        United States by an explosives 
                        detection system before such baggage 
                        continued on an additional flight or 
                        flight segment.
                          (ii) The amount of Federal savings 
                        generated from the exercise of such 
                        authority.
  [(e)] (f) Mandatory Screening Where EDS Not Yet Available.--
As soon as practicable but not later than the 60th day 
following the date of enactment of the Aviation and 
Transportation Security Act and until the requirements of 
subsection (b)(1)(A) are met, the Under Secretary shall require 
alternative means for screening any piece of checked baggage 
that is not screened by an explosives detection system. Such 
alternative means may include 1 or more of the following:
          (1) A bag-match program that ensures that no checked 
        baggage is placed aboard an aircraft unless the 
        passenger who checked the baggage is aboard the 
        aircraft.
          (2) Manual search.
          (3) Search by canine explosives detection units in 
        combination with other means.
          (4) Other means or technology approved by the Under 
        Secretary.
  [(f)] (g) Cargo Deadline.--A system must be in operation to 
screen, inspect, or otherwise ensure the security of all cargo 
that is to be transported in all-cargo aircraft in air 
transportation and intrastate air transportation as soon as 
practicable after the date of enactment of the Aviation and 
Transportation Security Act.
  [(g)] (h) Air Cargo on Passenger Aircraft.--
          (1) In general.--Not later than 3 years after the 
        date of enactment of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007, the Secretary of 
        Homeland Security shall establish a system to screen 
        100 percent of cargo transported on passenger aircraft 
        operated by an air carrier or foreign air carrier in 
        air transportation or intrastate air transportation to 
        ensure the security of all such passenger aircraft 
        carrying cargo.
          (2) Minimum standards.--The system referred to in 
        paragraph (1) shall require, at a minimum, that 
        equipment, technology, procedures, personnel, or other 
        methods approved by the Administrator of the 
        Transportation Security Administration, are used to 
        screen cargo carried on passenger aircraft described in 
        paragraph (1) to provide a level of security 
        commensurate with the level of security for the 
        screening of passenger checked baggage as follows:
                  (A) 50 percent of such cargo is so screened 
                not later than 18 months after the date of 
                enactment of the Implementing Recommendations 
                of the 9/11 Commission Act of 2007.
                  (B) 100 percent of such cargo is so screened 
                not later than 3 years after such date of 
                enactment.
          (3) Regulations.--
                  (A) Interim final rule.--The Secretary of 
                Homeland Security may issue an interim final 
                rule as a temporary regulation to implement 
                this subsection without regard to the 
                provisions of chapter 5 of title 5.
                  (B) Final rule.--
                          (i) In general.--If the Secretary 
                        issues an interim final rule under 
                        subparagraph (A), the Secretary shall 
                        issue, not later than one year after 
                        the effective date of the interim final 
                        rule, a final rule as a permanent 
                        regulation to implement this subsection 
                        in accordance with the provisions of 
                        chapter 5 of title 5.
                          (ii) Failure to act.--If the 
                        Secretary does not issue a final rule 
                        in accordance with clause (i) on or 
                        before the last day of the one-year 
                        period referred to in clause (i), the 
                        Secretary shall submit to the Committee 
                        on Homeland Security of the House of 
                        Representatives, Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate, and the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate a report explaining why the 
                        final rule was not timely issued and 
                        providing an estimate of the earliest 
                        date on which the final rule will be 
                        issued. The Secretary shall submit the 
                        first such report within 10 days after 
                        such last day and submit a report to 
                        the Committees containing updated 
                        information every 30 days thereafter 
                        until the final rule is issued.
                          (iii) Superceding of interim final 
                        rule.--The final rule issued in 
                        accordance with this subparagraph shall 
                        supersede the interim final rule issued 
                        under subparagraph (A).
          (4) Report.--Not later than 1 year after the date of 
        establishment of the system under paragraph (1), the 
        Secretary shall submit to the Committees referred to in 
        paragraph (3)(B)(ii) a report that describes the 
        system.
          (5) Screening defined.--In this subsection the term 
        ``screening'' means a physical examination or non-
        intrusive methods of assessing whether cargo poses a 
        threat to transportation security. Methods of screening 
        include x-ray systems, explosives detection systems, 
        explosives trace detection, explosives detection canine 
        teams certified by the Transportation Security 
        Administration, or a physical search together with 
        manifest verification. The Administrator may approve 
        additional methods to ensure that the cargo does not 
        pose a threat to transportation security and to assist 
        in meeting the requirements of this subsection. Such 
        additional cargo screening methods shall not include 
        solely performing a review of information about the 
        contents of cargo or verifying the identity of a 
        shipper of the cargo that is not performed in 
        conjunction with other security methods authorized 
        under this subsection, including whether a known 
        shipper is registered in the known shipper database. 
        Such additional cargo screening methods may include a 
        program to certify the security methods used by 
        shippers pursuant to paragraphs (1) and (2) and 
        alternative screening methods pursuant to exemptions 
        referred to in subsection (b) of section 1602 of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007.
  [(h)] (i) Deployment of Armed Personnel.--
          (1) In general.--The Under Secretary shall order the 
        deployment of law enforcement personnel authorized to 
        carry firearms at each airport security screening 
        location to ensure passenger safety and national 
        security.
          (2) Minimum requirements.--Except at airports 
        required to enter into agreements under subsection (c), 
        the Under Secretary shall order the deployment of at 
        least 1 law enforcement officer at each airport 
        security screening location. At the 100 largest 
        airports in the United States, in terms of annual 
        passenger enplanements for the most recent calendar 
        year for which data are available, the Under Secretary 
        shall order the deployment of additional law 
        enforcement personnel at airport security screening 
        locations if the Under Secretary determines that the 
        additional deployment is necessary to ensure passenger 
        safety and national security.
  [(i)] (j) Exemptions and Advising Congress on Regulations.--
The Under Secretary--
          (1) may exempt from this section air transportation 
        operations, except scheduled passenger operations of an 
        air carrier providing air transportation under a 
        certificate issued under section 41102 of this title or 
        a permit issued under section 41302 of this title; and
          (2) shall advise Congress of a regulation to be 
        prescribed under this section at least 30 days before 
        the effective date of the regulation, unless the Under 
        Secretary decides an emergency exists requiring the 
        regulation to become effective in fewer than 30 days 
        and notifies Congress of that decision.
  [(j)] (k) Blast-Resistant Cargo Containers.--
          (1) In general.--Before January 1, 2008, the 
        Administrator of the Transportation Security 
        Administration shall--
                  (A) evaluate the results of the blast-
                resistant cargo container pilot program that 
                was initiated before the date of enactment of 
                this subsection; and
                  (B) prepare and distribute through the 
                Aviation Security Advisory Committee to the 
                appropriate Committees of Congress and air 
                carriers a report on that evaluation which may 
                contain nonclassified and classified sections.
          (2) Acquisition, maintenance, and replacement.--Upon 
        completion and consistent with the results of the 
        evaluation that paragraph (1)(A) requires, the 
        Administrator shall--
                  (A) develop and implement a program, as the 
                Administrator determines appropriate, to 
                acquire, maintain, and replace blast-resistant 
                cargo containers;
                  (B) pay for the program; and
                  (C) make available blast-resistant cargo 
                containers to air carriers pursuant to 
                paragraph (3).
          (3) Distribution to air carriers.--The Administrator 
        shall make available, beginning not later than July 1, 
        2008, blast-resistant cargo containers to air carriers 
        for use on a risk managed basis as determined by the 
        Administrator.
  [(k)] (l) General Aviation Airport Security Program.--
          (1) In general.--Not later than one year after the 
        date of enactment of this subsection, the Administrator 
        of the Transportation Security Administration shall--
                  (A) develop a standardized threat and 
                vulnerability assessment program for general 
                aviation airports (as defined in section 
                47134(m)); and
                  (B) implement a program to perform such 
                assessments on a risk-managed basis at general 
                aviation airports.
          (2) Grant program.--Not later than 6 months after the 
        date of enactment of this subsection, the Administrator 
        shall initiate and complete a study of the feasibility 
        of a program, based on a risk-managed approach, to 
        provide grants to operators of general aviation 
        airports (as defined in section 47134(m)) for projects 
        to upgrade security at such airports. If the 
        Administrator determines that such a program is 
        feasible, the Administrator shall establish such a 
        program.
          (3) Application to general aviation aircraft.--Not 
        later than 180 days after the date of enactment of this 
        subsection, the Administrator shall develop a risk-
        based system under which--
                  (A) general aviation aircraft, as identified 
                by the Administrator, in coordination with the 
                Administrator of the Federal Aviation 
                Administration, are required to submit 
                passenger information and advance notification 
                requirements for United States Customs and 
                Border Protection before entering United States 
                airspace; and
                  (B) such information is checked against 
                appropriate databases.
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Administrator of 
        the Transportation Security Administration such sums as 
        may be necessary to carry out paragraphs (2) and (3).
  [(l)] (m) Limitations on Use of Advanced Imaging Technology 
for Screening Passengers.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Advanced imaging technology.--The term 
                ``advanced imaging technology''--
                          (i) means a device used in the 
                        screening of passengers that creates a 
                        visual image of an individual showing 
                        the surface of the skin and revealing 
                        other objects on the body; and
                          (ii) may include devices using 
                        backscatter x-rays or millimeter waves 
                        and devices referred to as ``whole-body 
                        imaging technology'' or ``body scanning 
                        machines''.
                  (B) Appropriate congressional committees.--
                The term ``appropriate congressional 
                committees'' means--
                          (i) the Committee on Commerce, 
                        Science, and Transportation and the 
                        Committee on Homeland Security and 
                        Governmental Affairs of the Senate; and
                          (ii) the Committee on Homeland 
                        Security of the House of 
                        Representatives.
                  (C) Automatic target recognition software.--
                The term ``automatic target recognition 
                software'' means software installed on an 
                advanced imaging technology that produces a 
                generic image of the individual being screened 
                that is the same as the images produced for all 
                other screened individuals.
          (2) Use of advanced imaging technology.--Beginning 
        June 1, 2012, the Assistant Secretary of Homeland 
        Security (Transportation Security Administration) shall 
        ensure that any advanced imaging technology used for 
        the screening of passengers under this section--
                  (A) is equipped with and employs automatic 
                target recognition software; and
                  (B) complies with such other requirements as 
                the Assistant Secretary determines necessary to 
                address privacy considerations.
          (3) Extension.--
                  (A) In general.--The Assistant Secretary may 
                extend the deadline specified in paragraph (2), 
                if the Assistant Secretary determines that--
                          (i) an advanced imaging technology 
                        equipped with automatic target 
                        recognition software is not 
                        substantially as effective at screening 
                        passengers as an advanced imaging 
                        technology without such software; or
                          (ii) additional testing of such 
                        software is necessary.
                  (B) Duration of extensions.--The Assistant 
                Secretary may issue one or more extensions 
                under subparagraph (A). The duration of each 
                extension may not exceed one year.
          (4) Reports.--
                  (A) In general.--Not later than 60 days after 
                the deadline specified in paragraph (2), and 
                not later than 60 days after the date on which 
                the Assistant Secretary issues any extension 
                under paragraph (3), the Assistant Secretary 
                shall submit to the appropriate congressional 
                committees a report on the implementation of 
                this subsection.
                  (B) Elements.--A report submitted under 
                subparagraph (A) shall include the following:
                          (i) A description of all matters the 
                        Assistant Secretary considers relevant 
                        to the implementation of the 
                        requirements of this subsection.
                          (ii) The status of compliance by the 
                        Transportation Security Administration 
                        with such requirements.
                          (iii) If the Administration is not in 
                        full compliance with such 
                        requirements--
                                  (I) the reasons for the 
                                noncompliance; and
                                  (II) a timeline depicting 
                                when the Assistant Secretary 
                                expects the Administration to 
                                achieve full compliance.
                  (C) Security classification.--To the greatest 
                extent practicable, a report prepared under 
                subparagraph (A) shall be submitted in an 
                unclassified format. If necessary, the report 
                may include a classified annex.

           *       *       *       *       *       *       *

SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

           *       *       *       *       *       *       *

Sec. 44946. Aviation Security Advisory Committee

  (a) Establishment.--The Assistant Secretary shall establish 
within the Transportation Security Administration an aviation 
security advisory committee.
  (b) Duties.--
          (1) In general.--The Assistant Secretary shall 
        consult the Advisory Committee, as appropriate, on 
        aviation security matters, including on the 
        development, refinement, and implementation of 
        policies, programs, rulemaking, and security directives 
        pertaining to aviation security, while adhering to 
        sensitive security guidelines.
          (2) Recommendations.--
                  (A) In general.--The Advisory Committee shall 
                develop, at the request of the Assistant 
                Secretary, recommendations for improvements to 
                aviation security.
                  (B) Recommendations of subcommittees.--
                Recommendations agreed upon by the 
                subcommittees established under this section 
                shall be approved by the Advisory Committee 
                before transmission to the Assistant Secretary.
          (3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Assistant Secretary--
                  (A) reports on matters identified by the 
                Assistant Secretary; and
                  (B) reports on other matters identified by a 
                majority of the members of the Advisory 
                Committee.
          (4) Annual report.--The Advisory Committee shall 
        submit to the Assistant Secretary an annual report 
        providing information on the activities, findings, and 
        recommendations of the Advisory Committee, including 
        its subcommittees, for the preceding year. Not later 
        than 6 months after the date that the Secretary 
        receives the annual report, the Secretary shall publish 
        a public version describing the Advisory Committee's 
        activities and such related matters as would be 
        informative to the public consistent with the policy of 
        section 552(b) of title 5.
          (5) Feedback.--Not later than 90 days after receiving 
        recommendations transmitted by the Advisory Committee 
        under paragraph (4), the Assistant Secretary shall 
        respond in writing to the Advisory Committee with 
        feedback on each of the recommendations, an action plan 
        to implement any of the recommendations with which the 
        Assistant Secretary concurs, and a justification for 
        why any of the recommendations have been rejected.
          (6) Congressional notification.--Not later than 30 
        days after providing written feedback to the Advisory 
        Committee under paragraph (5), the Assistant Secretary 
        shall notify the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Homeland Security of the House of Representatives on 
        such feedback, and provide a briefing upon request.
          (7) Report to Congress.--Prior to briefing the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Homeland Security of 
        the House of Representatives under paragraph (6), the 
        Assistant Secretary shall submit to such committees a 
        report containing information relating to the 
        recommendations transmitted by the Advisory Committee 
        in accordance with paragraph (4).
  (c) Membership.--
          (1) Appointment.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of the Aviation 
                Security Stakeholder Participation Act of 2014, 
                the Assistant Secretary shall appoint the 
                members of the Advisory Committee.
                  (B) Composition.--The membership of the 
                Advisory Committee shall consist of individuals 
                representing not more than 34 member 
                organizations. Each organization shall be 
                represented by 1 individual (or the 
                individual's designee).
                  (C) Representation.--The membership of the 
                Advisory Committee shall include 
                representatives of air carriers, all- cargo air 
                transportation, indirect air carriers, labor 
                organizations representing air carrier 
                employees, labor organizations representing 
                transportation security officers, aircraft 
                manufacturers, airport operators, airport 
                construction and maintenance contractors, labor 
                organizations representing employees of airport 
                construction and maintenance contractors, 
                general aviation, privacy organizations, the 
                travel industry, airport-based businesses 
                (including minority-owned small businesses), 
                businesses that conduct security screening 
                operations at airports, aeronautical repair 
                stations, passenger advocacy groups, the 
                aviation security technology industry 
                (including screening technology and 
                biometrics), victims of terrorist acts against 
                aviation, and law enforcement and security 
                experts.
          (2) Term of office.--
                  [(A) Terms.--The term of each member of the 
                Advisory Committee shall be 2 years. A member 
                of the Advisory Committee may be reappointed.]
                  (A) Terms.--The term of each member of the 
                Advisory Committee shall be two years but may 
                continue until such time as a successor member 
                begins serving on the Advisory Committee. A 
                member of the Advisory Committee may be 
                reappointed.
                  (B) Removal.--The Assistant Secretary may 
                review the participation of a member of the 
                Advisory Committee and remove such member for 
                cause at any time.
          (3) Prohibition on compensation.--The members of the 
        Advisory Committee shall not receive pay, allowances, 
        or benefits from the Government by reason of their 
        service on the Advisory Committee.
          (4) Meetings.--
                  (A) In general.--The Assistant Secretary 
                shall require the Advisory Committee to meet at 
                least semiannually and may convene additional 
                meetings as necessary.
                  (B) Public meetings.--At least 1 of the 
                meetings described in subparagraph (A) shall be 
                open to the public.
                  (C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at 
                each meeting.
          (5) Member access to sensitive security 
        information.--Not later than 60 days after the date of 
        a member's appointment, the Assistant Secretary shall 
        determine if there is cause for the member to be 
        restricted from possessing sensitive security 
        information. Without such cause, and upon the member 
        voluntarily signing a non-disclosure agreement, the 
        member may be granted access to sensitive security 
        information that is relevant to the member's advisory 
        duties. The member shall protect the sensitive security 
        information in accordance with part 1520 of title 49, 
        Code of Federal Regulations.
          (6) Chairperson.--A stakeholder representative on the 
        Advisory Committee who is elected by the appointed 
        membership of the Advisory Committee shall chair the 
        Advisory Committee.
  (d) Subcommittees.--
          (1) Membership.--The Advisory Committee chairperson, 
        in coordination with the Assistant Secretary, may 
        establish within the Advisory Committee any 
        subcommittee that the Assistant Secretary and Advisory 
        Committee determine to be necessary. The Assistant 
        Secretary and the Advisory Committee shall create 
        subcommittees to address aviation security issues, 
        including the following:
                  (A) Air cargo security.--The implementation 
                of the air cargo security programs established 
                by the Transportation Security Administration 
                to screen air cargo on passenger aircraft and 
                all-cargo aircraft in accordance with 
                established cargo screening mandates.
                  (B) General aviation.--General aviation 
                facilities, general aviation aircraft, and 
                helicopter operations at general aviation and 
                commercial service airports.
                  (C) Perimeter and access control.--
                Recommendations on airport perimeter security, 
                exit lane security and technology at commercial 
                service airports, and access control issues.
                  (D) Security technology.--Security technology 
                standards and requirements, including their 
                harmonization internationally, technology to 
                screen passengers, passenger baggage, carry-on 
                baggage, and cargo, and biometric technology.
          (2) Risk-based security.--All subcommittees 
        established by the Advisory Committee chairperson in 
        coordination with the Assistant Secretary shall 
        consider risk-based security approaches in the 
        performance of their functions that weigh the optimum 
        balance of costs and benefits in transportation 
        security, including for passenger screening, baggage 
        screening, air cargo security policies, and general 
        aviation security matters.
          (3) Meetings and reporting.--Each subcommittee shall 
        meet at least quarterly and submit to the Advisory 
        Committee for inclusion in the annual report required 
        under subsection (b)(4) information, including 
        recommendations, regarding issues within the 
        subcommittee.
          (4) Subcommittee chairs.--Each subcommittee shall be 
        co-chaired by a Government official and an industry 
        official.
  (e) Subject Matter Experts.--Each subcommittee under this 
section shall include subject matter experts with relevant 
expertise who are appointed by the respective subcommittee 
chairpersons.
  (f) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory Committee 
and its subcommittees.
  (g) Definitions.--In this section:
          (1) Advisory Committee.--The term ``Advisory 
        Committee'' means the aviation security advisory 
        committee established under subsection (a).
          (2) Assistant Secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary of Homeland 
        Security (Transportation Security Administration).
          (3) Perimeter security.--
                  (A) In general.--The term ``perimeter 
                security'' means procedures or systems to 
                monitor, secure, and prevent unauthorized 
                access to an airport, including its airfield 
                and terminal.
                  (B) Inclusions.--The term ``perimeter 
                security'' includes the fence area surrounding 
                an airport, access gates, and access controls.
                              ----------                              

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                   TITLE XVI--TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

     * * * * * * *
Sec. 1602. Vetting of aviation workers.

     Subtitle B--Transportation Security Administration Acquisition 
                              Improvements

     * * * * * * *

         Subtitle C--Maintenance of Security-Related Technology

Sec. 1621. Maintenance validation and oversight.

           *       *       *       *       *       *       *

                   TITLE XVI--TRANSPORTATION SECURITY

Subtitle A--General Provisions

           *       *       *       *       *       *       *

SEC. 1602. VETTING OF AVIATION WORKERS.

  (a) In General.--By not later than December 31, 2015, the 
Administrator, in coordination with the Assistant Secretary for 
Policy of the Department, shall request from the Director of 
National Intelligence access to additional data from the 
Terrorist Identities Datamart Environment (TIDE) data and any 
or other terrorism-related information to improve the 
effectiveness of the Administration's credential vetting 
program for individuals with unescorted access to sensitive 
areas of airports.
  (b) Security Inspection.--By not later than December 31, 
2015, the Administrator shall issue guidance for Transportation 
Security Inspectors to annually review airport badging office 
procedures for applicants seeking access to sensitive areas of 
airports. Such guidance shall include a comprehensive review of 
applicants' Criminal History Records Check (CHRC) and work 
authorization documentation during the course of an inspection.
  (c) Information Sharing.--By not later than December 31, 
2015, the Administrator may conduct a pilot program of the Rap 
Back Service, in coordination with the Director of the Federal 
Bureau of Investigation, to determine the feasibility of full 
implementation of a service through which the Administrator 
would be notified of a change in status of an individual 
holding a valid credential granting unescorted access to 
sensitive areas of airports across eligible Administration-
regulated populations.
  (d) Procedures.--The pilot program under subsection (c) shall 
evaluate whether information can be narrowly tailored to ensure 
that the Administrator only receives notification of a change 
with respect to a disqualifying offense under the credential 
vetting program under subsection (a), as specified in 49 CFR 
1542.209, and in a manner that complies with current 
regulations for fingerprint-based criminal history records 
checks. The pilot program shall be carried out in a manner so 
as to ensure that, in the event that notification is made 
through the Rap Back Service of a change but a determination of 
arrest status or conviction is in question, the matter will be 
handled in a manner that is consistent with current 
regulations. The pilot program shall also be carried out in a 
manner that is consistent with current regulations governing an 
investigation of arrest status, correction of Federal Bureau of 
Investigation records and notification of disqualification, and 
corrective action by the individual who is the subject of an 
inquiry.
  (e) Determination and Submission.--If the Administrator 
determines that full implementation of the Rap Back Service is 
feasible and can be carried out in a manner that is consistent 
with current regulations for fingerprint-based criminal history 
checks, including the rights of individuals seeking 
credentials, the Administrator shall submit such determination, 
in writing, to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, 
and Transportation of the Senate, together with information on 
the costs associated with such implementation, including the 
costs incurred by the private sector. In preparing this 
determination, the Administrator shall consult with the Chief 
Civil Rights and Civil Liberties Officer of the Department to 
ensure that protocols are in place to align the period of 
retention of personally identifiable information and biometric 
information, including fingerprints, in the Rap Back Service 
with the period in which the individual who is the subject of 
an inquiry has a valid credential.
  (f) Credential Security.--By not later than September 30, 
2015, the Administrator shall issue guidance to airports 
mandating that all federalized airport badging authorities 
place an expiration date on airport credentials commensurate 
with the period of time during which an individual is lawfully 
authorized to work in the United States.
  (g) Aviation Worker Lawful Status.--By not later than 
December 31, 2015, the Administrator shall review the denial of 
credentials due to issues associated with determining an 
applicant's lawful status in order to identify airports with 
specific weaknesses and shall coordinate with such airports to 
mutually address such weaknesses, as appropriate.
  (h) Reports to Congress.--Upon completion of the 
determinations and reviews required under this section, the 
Administrator shall brief the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate on the results of 
such determinations and reviews.

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         Subtitle C--Maintenance of Security-Related Technology

SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.

  (a) In General.--Not later than 180 days after the date of 
the enactment of this subtitle, the Administrator shall develop 
and implement a preventive maintenance validation process for 
security-related technology deployed to airports.
  (b) Maintenance by Administration Personnel at Airports.--For 
maintenance to be carried out by Administration personnel at 
airports, the process referred to in subsection (a) shall 
include the following:
          (1) Guidance to Administration personnel, equipment 
        maintenance technicians, and other personnel at 
        airports specifying how to conduct and document 
        preventive maintenance actions.
          (2) Mechanisms for the Administrator to verify 
        compliance with the guidance issued pursuant to 
        paragraph (1).
  (c) Maintenance by Contractors at Airports.--For maintenance 
to be carried out by a contractor at airports, the process 
referred to in subsection (a) shall require the following:
          (1) Provision of monthly preventive maintenance 
        schedules to appropriate Administration personnel at 
        each airport that includes information on each action 
        to be completed by a contractor.
          (2) Notification to appropriate Administration 
        personnel at each airport when maintenance action is 
        completed by a contractor.
          (3) A process for independent validation by a third 
        party of contractor maintenance.
  (d) Penalties for Noncompliance.--The Administrator shall 
require maintenance contracts for security-related technology 
deployed to airports to include penalties for noncompliance 
when it is determined that either preventive or corrective 
maintenance has not been completed according to contractual 
requirements and manufacturers' specifications.

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    IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007

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TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

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SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS

  (a) In general.--The Secretary, acting through the 
Administrator of the Transportation Security Administration, is 
authorized to train, employ, and utilize surface transportation 
security inspectors.
  (b) Mission.--The Secretary shall use surface transportation 
security inspectors to assist surface transportation carriers, 
operators, owners, entities, and facilities to enhance their 
security against terrorist attack and other security threats 
and to assist the Secretary in enforcing applicable surface 
transportation security regulations and directives.
  (c) Authorities.--Surface transportation security inspectors 
employed pursuant to this section shall be authorized such 
powers and delegated such responsibilities as the Secretary 
determines appropriate, subject to subsection (e).
  (d) Requirements.--The Secretary shall require that surface 
transportation security inspectors have relevant surface 
transportation experience and other security and inspection 
qualifications[, as determined appropriate].
  (e) Limitations.--
          (1) Inspectors.--Surface transportation inspectors 
        shall be prohibited from issuing fines to public 
        transportation agencies, as defined in title XIV, for 
        violations of the Department's regulations or orders 
        except through the process described in paragraph (2).
          (2) Civil penalties.--The Secretary shall be 
        prohibited from assessing civil penalties against 
        public transportation agencies, as defined in title 
        XIV, for violations of the Department's regulations or 
        orders, except in accordance with the following:
                  (A) In the case of a public transportation 
                agency that is found to be in violation of a 
                regulation or order issued by the Secretary, 
                the Secretary shall seek correction of the 
                violation through a written notice to the 
                public transportation agency and shall give the 
                public transportation agency reasonable 
                opportunity to correct the violation or propose 
                an alternative means of compliance acceptable 
                to the Secretary.
                  (B) If the public transportation agency does 
                not correct the violation or propose an 
                alternative means of compliance acceptable to 
                the Secretary within a reasonable time period 
                that is specified in the written notice, the 
                Secretary may take any action authorized in 
                section 114 of title 49, United States Code, as 
                amended by this Act.
          (3) Limitation on secretary.--The Secretary shall not 
        initiate civil enforcement actions for violations of 
        administrative and procedural requirements pertaining 
        to the application for, and expenditure of, funds 
        awarded under transportation security grant programs 
        under this Act.
  (f) Number of inspectors.--The Secretary shall employ up to a 
total of--
          (1) 100 surface transportation security inspectors in 
        fiscal year 2007;
          (2) 150 surface transportation security inspectors in 
        fiscal year 2008;
          (3) 175 surface transportation security inspectors in 
        fiscal year 2009; and
          (4) 200 surface transportation security inspectors in 
        fiscal years 2010 and 2011.
  (g) Coordination.--The Secretary shall ensure that the 
mission of the surface transportation security inspectors is 
consistent with any relevant risk assessments required by this 
Act or completed by the Department, the modal plans required 
under section 114(t) of title 49, United States Code, the 
Memorandum of Understanding between the Department and the 
Department of Transportation on Roles and Responsibilities, 
dated September 28, 2004, and any and all subsequent annexes to 
this Memorandum of Understanding, and other relevant documents 
setting forth the Department's transportation security 
strategy, as appropriate.
  (h) Consultation.--The Secretary shall periodically consult 
with the surface transportation entities which are or may be 
inspected by the surface transportation security inspectors, 
including, as appropriate, railroad carriers, over-the-road bus 
operators and terminal owners and operators, motor carriers, 
public transportation agencies, owners or operators of 
highways, and pipeline operators on--
          (1) the inspectors' duties, responsibilities, 
        authorities, and mission; and
          (2) strategies to improve transportation security and 
        to ensure compliance with transportation security 
        requirements.
  (i) Report.--Not later than September 30, 2008, the 
Department of Homeland Security Inspector General shall 
transmit a report to the appropriate congressional committees 
on the performance and effectiveness of surface transportation 
security inspectors, whether there is a need for additional 
inspectors, and other recommendations.
  (j) Authorization of appropriations.--There are authorized to 
be appropriated to the Secretary to carry out this section--
          (1) $11,400,000 for fiscal year 2007;
          (2) $17,100,000 for fiscal year 2008;
          (3) $19,950,000 for fiscal year 2009;
          (4) $22,800,000 for fiscal year 2010; and
          (5) $22,800,000 for fiscal year 2011.

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