U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–387 

Calendar No. 708 

AMERICAN COMMUNITIES’ RIGHT TO 

PUBLIC INFORMATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1274 

DECEMBER 22, 2010.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

BRUCE ANDREWS, General Counsel 

ANN BEGEMAN, Republican Staff Director 

BRIAN HENDRICKS, Republican General Counsel 

TODD BERTOSON, Republican Senior Counsel 


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Calendar No. 708 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–387 

AMERICAN COMMUNITIES’ RIGHT TO PUBLIC 

INFORMATION ACT 

DECEMBER 22, 2010.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1274] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1274) to amend title 46, United 

States Code, to ensure that the prohibition on disclosure of maritime and aviation transportation security information is not used 

inappropriately to shield certain other information from public disclosure, and for other purposes, having considered the same, reports favorably thereon with an amendment (in the nature of a 

substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of the American Communities’ Right to Public Information Act, S. 1274, is to make sure that the prohibition on disclosure of maritime and aviation transportation security information 

is not used inappropriately to shield certain other information from 

public disclosure. 

BACKGROUND AND NEEDS

Under the authority of the Maritime Transportation Security Act 

of 2002 (MTSA) and the Aviation and Transportation Security Act 

of 2001, the Coast Guard and the Transportation Security Administration (TSA) have the statutory authority to designate certain 

kinds of information as ‘‘Sensitive Security Information’’ (SSI), if 

they determine that publicly releasing the information will be ‘‘detrimental to the security of transportation.’’ These agencies have 

published a detailed set of regulations describing the process 


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1 Hearing before the House of Representatives Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, on ‘‘Secrecy in Response to Bayer’s Fatal Chemical 

Plant Explosion’’ April 21, 2009, testimony of William B. Buckner. 

through which information may be designated SSI (49 CFR Chapter XII Part 1520). Once information has been designated as SSI, 

employees of the Coast Guard, TSA, and other ‘‘covered persons,’’ 

including owners and operators of maritime facilities, are required 

to safeguard the information. 

The SSI designation system is not related to the national security classification system, through which Federal agencies classify 

information as ‘‘Confidential,’’ ‘‘Secret,’’ or ‘‘Top Secret.’’ The standards for classifying national security information are developed by 

the executive branch through a Presidential Executive Order. 

A 2009 investigation into a chemical facility accident uncovered 

a troubling case in which a ‘‘covered’’ private entity attempted to 

use the SSI designation to improperly withhold information from 

the public. On August 28, 2008, a chemical explosion at the Bayer 

CropScience facility in Institute, West Virginia, killed two workers 

and potentially exposed tens of thousands of citizens to toxic chemicals. Because the Bayer facility is located on the Kanawha River, 

its security plans fall under the jurisdiction of the MTSA. 

In the course of an investigation by the Chemical Safety Board 

and a later investigation by the House Committee on Energy and 

Commerce Subcommittee on Oversight and Investigations, Bayer 

officials admitted they had sought to designate certain information 

as SSI, even though the information was not related to transportation security. In April 2009, Bayer’s CEO testified before the 

Oversight and Investigations Subcommittee that the company invoked the SSI designation, in part, to avoid public disclosure and 

debate about the large quantities of methyl isocyanate (MIC) stored 

above ground at the Institute facility.1

SUMMARY OF PROVISIONS

S. 1274 amends the SSI statutes to clarify that an agency or a 

private company subject to SSI requirements cannot use the SSI 

designation to conceal misconduct, prevent embarrassment, or 

delay the release of information that should be released to the public. This clarifying language is nearly identical to language used in 

the current Executive Order governing national security information (Exec. Order No. 13526), which governs all executive branch 

officials charged with classifying information as ‘‘Confidential,’’ ‘‘Secret,’’ or ‘‘Top Secret.’’ 

LEGISLATIVE HISTORY

S. 1274 was introduced on June 16, 2009, by Senator Rockefeller, 

the chairman of the Committee on Commerce, Science, and Transportation. The bill was co-sponsored by Senator Byrd. On July 21, 

2009, the Committee met in open executive session and, by voice 

vote, ordered S. 1274 reported with an amendment in the nature 

of a substitute. The text of S. 1274 was included as section 561 of 

the Fiscal Year 2010 Department of Homeland Security Appropriations Act (P.L. 111–83), which was signed into law on October 28, 

2009. 


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ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1274—American Communities’ Right to Public Information Act 

S. 1274 would clarify existing law to limit the circumstances 

under which the federal government may withhold information 

contained in security plans for maritime transportation. Based on 

information provided by the U.S. Coast Guard, CBO estimates that 

implementing the bill would have no effect on the federal budget 

because the proposed standards on nondisclosure of information are 

the same as those currently followed by federal agencies. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

Because S. 1274 clarifies the existing law governing the circumstances under which the Federal Government may withhold 

certain transportation security information, the legislation will 

have no additional regulatory impact, and will result in no additional reporting requirements. The legislation will have no further 

effect on the number or types of individuals and businesses regulated, the economic impact of such regulation, the personal privacy 

of affected individuals, or the paperwork required from such individuals and businesses. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that the legislation may be cited as 

the ‘‘American Communities’ Right to Public Information Act.’’ 

Section 2. Maritime transportation security information 

This section amends section 70103(d) of title 46, United States 

Code, to require that no information shall be defined as Sensitive 

Security Information (as defined by the Department of Homeland 

Security in section 1520.5 of title 49, Code of Federal Regulations) 

in order to (1) conceal a violation of law, inefficiency, or administrative error; (2) to prevent embarrassment of a person, organization, 


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or agency; (3) to restrain competition; or (4) 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. 

This section also makes conforming changes to the statutes authorizing the Transportation Security Administration and the Department of Transportation to designate information as SSI. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, 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 material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 46. SHIPPING 

SUBTITLE VII. SECURITY AND DRUG ENFORCEMENT

CHAPTER 701. PORT SECURITY

§ 70103. Maritime transportation security plans 

(a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.— 

(1) Not later than April 1, 2005, the Secretary shall prepare 

a National Maritime Transportation Security Plan for deterring and responding to a transportation security incident. 

(2) The National Maritime Transportation Security Plan 

shall provide for efficient, coordinated, and effective action to 

deter and minimize damage from a transportation security incident, and shall include the following: 

(A) Assignment of duties and responsibilities among 

Federal departments and agencies and coordination with 

State and local governmental agencies. 

(B) Identification of security resources. 

(C) Procedures and techniques to be employed in deterring a national transportation security incident. 

(D) Establishment of procedures for the coordination of 

activities of— 

(i) Coast Guard maritime security teams established 

under this chapter; and 

(ii) Federal Maritime Security Coordinators required 

under this chapter. 

(E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of 

a transportation security incident and imminent threats of 

such a security incident to the appropriate State and Federal agencies. 

(F) Establishment of criteria and procedures to ensure 

immediate and effective Federal identification of a transportation security incident, or the substantial threat of 

such a security incident. 

(G) Designation of— 

(i) areas for which Area Maritime Transportation 

Security Plans are required to be prepared under subsection (b); and 


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(ii) a Coast Guard official who shall be the Federal 

Maritime Security Coordinator for each such area. 

(H) A risk-based system for evaluating the potential for 

violations of security zones designated by the Secretary on 

the waters subject to the jurisdiction of the United States. 

(I) A recognition of certified systems of intermodal transportation. 

(J) A plan for ensuring that the flow of cargo through 

United States ports is reestablished as efficiently and 

quickly as possible after a transportation security incident. 

(3) The Secretary shall, as the Secretary considers advisable, 

revise or otherwise amend the National Maritime Transportation Security Plan. 

(4) Actions by Federal agencies to deter and minimize damage from a transportation security incident shall, to the greatest extent possible, be in accordance with the National Maritime Transportation Security Plan. 

(5) The Secretary shall inform vessel and facility owners or 

operators of the provisions in the National Transportation Security Plan that the Secretary considers necessary for security 

purposes. 

(b) AREA MARITIME TRANSPORTATION SECURITY PLANS.— 

(1) The Federal Maritime Security Coordinator designated 

under subsection (a)(2)(G) for an area shall— 

(A) submit to the Secretary an Area Maritime Transportation Security Plan for the area; and 

(B) solicit advice from the Area Security Advisory Committee required under this chapter, for the area to assure 

preplanning of joint deterrence efforts, including appropriate procedures for deterrence of a transportation security incident. 

(2) The Area Maritime Transportation Security Plan for an 

area shall— 

(A) when implemented in conjunction with the National 

Maritime Transportation Security Plan, be adequate to 

deter a transportation security incident in or near the area 

to the maximum extent practicable; 

(B) describe the area and infrastructure covered by the 

plan, including the areas of population or special economic, 

environmental, or national security importance that might 

be damaged by a transportation security incident; 

(C) describe in detail how the plan is integrated with 

other Area Maritime Transportation Security Plans, and 

with facility security plans and vessel security plans under 

this section; 

(D) include consultation and coordination with the Department of Defense on matters relating to Department of 

Defense facilities and vessels; 

(E) include any other information the Secretary requires; 

(F) include a salvage response plan— 

(i) to identify salvage equipment capable of restoring 

operational trade capacity; and 

(ii) to ensure that the waterways are cleared and the 

flow of commerce through United States ports is reesVerDate Mar 15 2010 17:41 Dec 28, 2010 Jkt 099010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\SR387.XXX SR387

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tablished as efficiently and quickly as possible after a 

maritime transportation security incident; and 

(G) be updated at least every 5 years by the Federal 

Maritime Security Coordinator. 

(3) The Secretary shall— 

(A) review and approve Area Maritime Transportation 

Security Plans under this subsection; and 

(B) periodically review previously approved Area Maritime Transportation Security Plans. 

(4) In security zones designated by the Secretary in each 

Area Maritime Transportation Security Plan, the Secretary 

shall consider— 

(A) the use of public/private partnerships to enforce security within the security zones, shoreside protection alternatives, and the environmental, public safety, and relative 

effectiveness of such alternatives; and 

(B) technological means of enhancing the security zones 

of port, territorial waters, and waterways of the United 

States. 

(c) VESSEL AND FACILITY SECURITY PLANS.— 

(1) Within 6 months after the prescription of interim final 

regulations on vessel and facility security plans, an owner or 

operator of a vessel or facility described in paragraph (2) shall 

prepare and submit to the Secretary a security plan for the 

vessel or facility, for deterring a transportation security incident to the maximum extent practicable. 

(2) The vessels and facilities referred to in paragraph (1)— 

(A) except as provided in subparagraph (B), are vessels 

and facilities that the Secretary believes may be involved 

in a transportation security incident; and 

(B) do not include any vessel or facility owned or operated by the Department of Defense. 

(3) A security plan required under this subsection shall— 

(A) be consistent with the requirements of the National 

Maritime Transportation Security Plan and Area Maritime 

Transportation Security Plans; 

(B) identify the qualified individual having full authority 

to implement security actions, and require immediate communications between that individual and the appropriate 

Federal official and the persons providing personnel and 

equipment pursuant to subparagraph (C); 

(C) include provisions for— 

(i) establishing and maintaining physical security, 

passenger and cargo security, and personnel security; 

(ii) establishing and controlling access to secure 

areas of the vessel or facility, including access by persons engaged in the surface transportation of intermodal containers in or out of a port facility; 

(iii) procedural security policies; 

(iv) communications systems; and 

(v) other security systems; 

(D) identify, and ensure by contract or other means approved by the Secretary, the availability of security measures necessary to deter to the maximum extent practicable 


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a transportation security incident or a substantial threat 

of such a security incident; 

(E) describe the training, periodic unannounced drills, 

and security actions of persons on the vessel or at the facility, to be carried out under the plan to deter to the maximum extent practicable a transportation security incident, 

or a substantial threat of such a security incident; 

(F) provide a strategy and timeline for conducting training and periodic unannounced drills; 

(G) be updated at least every 5 years; 

(H) be resubmitted for approval of each change to the 

vessel or facility that may substantially affect the security 

of the vessel or facility; and 

(I) in the case of a security plan for a facility, be resubmitted for approval of each change in the ownership or operator of the facility that may substantially affect the security of the facility. 

(4) The Secretary shall— 

(A) promptly review each such plan; 

(B) require amendments to any plan that does not meet 

the requirements of this subsection; 

(C) approve any plan that meets the requirements of 

this subsection; and 

(D) subject to the availability of appropriations, verify 

the effectiveness of each such facility security plan periodically, but not less than 2 times per year, at least 1 of 

which shall be an inspection of the facility that is conducted without notice to the facility. 

(5) A vessel or facility for which a plan is required to be submitted under this subsection may not operate after the end of 

the 12-month period beginning on the date of the prescription 

of interim final regulations on vessel and facility security 

plans, unless— 

(A) the plan has been approved by the Secretary; and 

(B) the vessel or facility is operating in compliance with 

the plan. 

(6) Notwithstanding paragraph (5), the Secretary may authorize a vessel or facility to operate without a security plan 

approved under this subsection, until not later than 1 year 

after the date of the submission to the Secretary of a plan for 

the vessel or facility, if the owner or operator of the vessel or 

facility certifies that the owner or operator has ensured by contract or other means approved by the Secretary to deter to the 

maximum extent practicable a transportation security incident 

or a substantial threat of such a security incident. 

(7) The Secretary shall require each owner or operator of a 

vessel or facility located within or adjacent to waters subject 

to the jurisdiction of the United States to implement any necessary interim security measures, including cargo security programs, to deter to the maximum extent practicable a transportation security incident until the security plan for that vessel 

or facility operator is approved. 

(8)(A) The Secretary shall require that the qualified individual having full authority to implement security actions for 


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a facility described in paragraph (2) shall be a citizen of the 

United States. 

(B) The Secretary may waive the requirement of subparagraph (A) with respect to an individual if the Secretary determines that it is appropriate to do so based on a complete background check of the individual and a review of all terrorist 

watch lists to ensure that the individual is not identified on 

any such terrorist watch list. 

ø(d) NONDISCLOSURE OF INFORMATION.—Notwithstanding any 

other provision of law, information developed under this chapter is 

not required to be disclosed to the public, including— 

ø(1) facility security plans, vessel security plans, and port 

vulnerability assessments; and 

ø(2) other information related to security plans, procedures, 

or programs for vessels or facilities authorized under this chapter.¿ 

(d) NONDISCLOSURE OF INFORMATION.— (1) IN GENERAL.—Information developed under this chapter is 

not required to be disclosed to the public, including— 

(A) facility security plans, vessel security plans, and port 

vulnerability assessments; and 

(B) other information related to security plans, procedures, or programs for vessels or facilities authorized under 

this chapter. 

(2) LIMITATIONS.—Nothing in paragraph (1) 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. 

TITLE 49. TRANSPORTATION 

SUBTITLE I. DEPARTMENT OF TRANSPORTATION

CHAPTER 1. ORGANIZATION

§ 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. 


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(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; 


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(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; 


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(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. 


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(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 SEC- RETARY.— 

(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 


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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. 


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(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. 


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(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 

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gressional 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. 


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(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 DE- FINED.—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. 

(t) [Omitted] 

(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). 


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(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. 


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(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) 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) 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 SEC- RETARY OF HOMELAND SECURITY.— 

(1) APPLICATION OF SUBSECTION.— (A) IN GENERAL.—This subsection applies to the enforcement of regulations prescribed, and orders issued, by the 

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ter 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 


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(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. 


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(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. 

TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART I. GENERAL

CHAPTER 401. GENERAL PROVISIONS

§ 40119. Security and research and development activities 

(a) GENERAL REQUIREMENTS.—The Under Secretary of Transportation for Security and the Administrator of the Federal Aviation 

Administration each shall conduct research (including behavioral 

research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security. 

(b) DISCLOSURE.— 

(1) Notwithstanding section 552 of title 5 and the establishment of a Department of Homeland Security, the Secretary of 

Transportation shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security 

under this title if the Secretary of Transportation decides 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 transportation safety. 

(2) Paragraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. 

(3) Nothing in paragraph (1) shall be construed to authorize 

the designation of information as sensitive security information 


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(as defined in section 15.5 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. 

(c) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except as 

otherwise provided by law, the Under Secretary may not transfer 

a duty or power under this section to another department, agency, 

or instrumentality of the United States Government. 

Æ 


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