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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2200 Reported in House (RH)]

                                                  Union Calendar No. 63
111th CONGRESS
  1st Session
                                H. R. 2200

                          [Report No. 111-123]

  To authorize the Transportation Security Administration's programs 
  relating to the provision of transportation security, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2009

 Ms. Jackson-Lee of Texas (for herself, Mr. Dent, and Mr. Thompson of 
 Mississippi) introduced the following bill; which was referred to the 
                     Committee on Homeland Security

                              May 19, 2009

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               30, 2009]

_______________________________________________________________________

                                 A BILL

 
  To authorize the Transportation Security Administration's programs 
  relating to the provision of transportation security, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

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

                      TITLE II--AVIATION SECURITY

                 Subtitle A--Amendments to Chapter 449

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

                       Subtitle B--Other Matters

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

               TITLE III--SURFACE TRANSPORTATION SECURITY

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

            TITLE IV--TRANSPORTATION SECURITY CREDENTIALING

                   Subtitle A--Security Credentialing

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

                 Subtitle B--SAFE Truckers Act of 2009

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

SEC. 2. DEFINITIONS.

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

SEC. 3. AUTHORITIES VESTED IN ASSISTANT SECRETARY.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

                      TITLE II--AVIATION SECURITY

                 Subtitle A--Amendments to Chapter 449

SEC. 201. SCREENING AIR CARGO AND CHECKED BAGGAGE.

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

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

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

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

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

SEC. 204. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERVICE.

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

SEC. 205. FEDERAL FLIGHT DECK OFFICER PROGRAM ENHANCEMENTS.

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

SEC. 206. FOREIGN REPAIR STATIONS.

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

SEC. 207. ASSISTANT SECRETARY DEFINED.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, is amended by inserting before section 44933 the 
following:
``Sec. 44931. Assistant Secretary defined
    ``(a) In General.--In this chapter--
            ``(1) the term `Assistant Secretary' means the Assistant 
        Secretary of Homeland Security (Transportation Security 
        Administration); and
            ``(2) any reference to the Administrator of the 
        Transportation Security Administration, the Under Secretary of 
        Transportation for Security, the Under Secretary of 
        Transportation for Transportation Security, or the Under 
        Secretary for Transportation Security shall be deemed to be a 
        reference to the Assistant Secretary.
    ``(b) Authorities Vested in Assistant Secretary.--Any authority 
vested in the Assistant Secretary under this chapter shall be carried 
out under the direction and control of the Secretary of Homeland 
Security.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by inserting before the item relating to section 44933 the 
following:

``44931. Assistant Secretary defined.''.

SEC. 208. TSA AND HOMELAND SECURITY INFORMATION SHARING.

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

``44933. Federal Security Directors.''.

SEC. 209. AVIATION SECURITY STAKEHOLDER PARTICIPATION.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 44946. Aviation Security Advisory Committee
    ``(a) Establishment of Aviation Security Advisory Committee.--
            ``(1) In general.--The Assistant Secretary shall establish 
        in the Transportation Security Administration an advisory 
        committee, to be known as the Aviation Security Advisory 
        Committee (in this chapter referred to as the `Advisory 
        Committee'), to assist the Assistant Secretary with issues 
        pertaining to aviation security, including credentialing.
            ``(2) Recommendations.--The Assistant Secretary shall 
        require the Advisory Committee to develop recommendations for 
        improvements to civil aviation security methods, equipment, and 
        processes.
            ``(3) Meetings.--The Assistant Secretary shall require the 
        Advisory Committee to meet at least semiannually and may 
        convene additional meetings as necessary.
            ``(4) Unpaid position.--Advisory Committee members shall 
        serve at their own expense and receive no salary, reimbursement 
        of travel expenses, or other compensation from the Federal 
        Government.
    ``(b) Membership.--
            ``(1) Member organizations.--The Assistant Secretary shall 
        ensure that the Advisory Committee is composed of not more than 
        one individual representing not more than 27 member 
        organizations, including representation of air carriers, all 
        cargo air transportation, indirect air carriers, labor 
        organizations representing air carrier employees, aircraft 
        manufacturers, airport operators, general aviation, and the 
        aviation technology security industry, including biometrics.
            ``(2) Appointments.--Members shall be appointed by the 
        Assistant Secretary, and the Assistant Secretary shall have the 
        discretion to review the participation of any Advisory 
        Committee member and remove for cause at any time.
    ``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee under this 
section.
    ``(d) Air Cargo Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee an air cargo security working 
        group to provide recommendations for air cargo security issues, 
        including the implementation of the air cargo screening 
        initiatives proposed by the Transportation Security 
        Administration to screen air cargo on passenger aircraft in 
        accordance with established cargo screening mandates.
            ``(2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the Assistant 
        Secretary with recommendations to improve the Administration's 
        cargo screening initiatives established to meet all cargo 
        screening mandates set forth in section 44901(g) of title 49, 
        United States Code.
            ``(3) Membership.--The working group shall include members 
        from the Advisory Committee with expertise in air cargo 
        operations and representatives from other stakeholders as 
        determined by the Assistant Secretary.
            ``(4) Reports.--
                    ``(A) In general.--The working group shall prepare 
                and submit reports to the Assistant Secretary in 
                accordance with this paragraph that provide cargo 
                screening mandate implementation recommendations.
                    ``(B) Submission.--Not later than one year after 
                the date of enactment of this section and on an annual 
                basis thereafter, the working group shall submit its 
                first report to the Assistant Secretary, including any 
                recommendations of the group--
                            ``(i) to reduce redundancies and increase 
                        efficiencies with the screening and inspection 
                        of inbound cargo; and
                            ``(ii) on the potential development of a 
                        fee structure to help sustain cargo screening 
                        efforts.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

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

SEC. 210. GENERAL AVIATION SECURITY.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, as amended by section 209 of this Act, is further amended 
by adding at the end the following:
``Sec. 44947. General aviation security
    ``(a) General Aviation Security Grant Program.--
            ``(1) In general.--The Assistant Secretary shall carry out 
        a general aviation security grant program to enhance 
        transportation security at general aviation airports by making 
        grants to operators of general aviation airports for projects 
        to enhance perimeter security, airfield security, and terminal 
        security.
            ``(2) Eligible projects.--Not later than one year after the 
        date of submission of the first report of the working group 
        under subsection (b), the Assistant Secretary shall develop and 
        make publically available a list of approved eligible projects 
        for such grants under paragraph (1) based upon recommendations 
        made by the working group in such report.
            ``(3) Federal share.--The Federal share of the cost of 
        activities for which grants are made under this subsection 
        shall be 90 percent.
    ``(b) General Aviation Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish, 
        within the Aviation Security Advisory Committee established 
        under section 44946, a general aviation working group to advise 
        the Transportation Security Administration regarding 
        transportation security issues for general aviation facilities 
        general aviation aircraft, and helicopter operations at general 
        aviation and commercial service airports.
            ``(2) Meetings.--The working group shall meet at least 
        semiannually and may convene additional meetings as necessary.
            ``(3) Membership.--The Assistant Secretary shall appoint 
        members from the Aviation Security Advisory Committee with 
        general aviation experience.
            ``(4) Reports.--
                    ``(A) Submission.--The working group shall submit a 
                report to the Assistant Secretary with recommendations 
                on ways to improve security at general aviation 
                airports.
                    ``(B) Contents of report.--The report of the 
                working group submitted to the Assistant Secretary 
                under this paragraph shall include any recommendations 
                of the working group for eligible security enhancement 
                projects at general aviation airports to be funded by 
                grants under subsection (a).
                    ``(C) Subsequent reports.--After submitting the 
                report, the working group shall continue to report to 
                the Assistant Secretary on general aviation aircraft 
                and airports.
    ``(c) Authorization of Appropriations.--From amounts made available 
under section 101 of the Transportation Security Administration 
Authorization Act, there is authorized to be appropriated for making 
grants under subsection (a) $10,000,000 for each of fiscal years 2010 
and 2011.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
further amended by adding at the end the following:

``44947. General aviation security.''.

SEC. 211. SECURITY AND SELF-DEFENSE TRAINING.

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

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

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

SEC. 213. PROHIBITION ON OUTSOURCING.

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

                       Subtitle B--Other Matters

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

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

SEC. 222. ADVANCED PASSENGER PRESCREENING SYSTEM.

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

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

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

SEC. 224. TRANSPORTATION SECURITY TRAINING PROGRAMS.

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

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

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

SEC. 226. IN-LINE BAGGAGE SCREENING STUDY.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 234. REGISTERED TRAVELER.

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

SEC. 235. REPORT ON CABIN CREW COMMUNICATION.

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

SEC. 236. AIR CARGO CREW TRAINING.

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

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

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

SEC. 238. REPORT ON WHOLE BODY IMAGING TECHNOLOGY.

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

SEC. 239. PROTECTIVE EQUIPMENT.

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

               TITLE III--SURFACE TRANSPORTATION SECURITY

SEC. 301. ASSISTANT SECRETARY DEFINED.

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

SEC. 302. SURFACE TRANSPORTATION SECURITY INSPECTION PROGRAM.

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

SEC. 303. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.

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

SEC. 304. SURFACE TRANSPORTATION SECURITY STAKEHOLDER PARTICIPATION.

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

``SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE.

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

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

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

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

SEC. 306. SURFACE TRANSPORTATION SECURITY TRAINING.

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

SEC. 307. SECURITY ASSISTANCE IG REPORT.

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

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

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

SEC. 309. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.

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

SEC. 310. PASSENGER RAIL SECURITY DEMONSTRATION PROJECT.

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

SEC. 311. EXPLOSIVES DETECTION CANINE TEAMS.

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

            TITLE IV--TRANSPORTATION SECURITY CREDENTIALING

                   Subtitle A--Security Credentialing

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

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

SEC. 402. ANIMAL-PROPELLED VESSELS.

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

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

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

SEC. 404. HARMONIZING SECURITY CARD EXPIRATIONS.

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

SEC. 405. SECURING AVIATION FROM EXTREME TERRORIST THREATS.

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

                 Subtitle B--SAFE Truckers Act of 2009

SEC. 431. SHORT TITLE.

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

SEC. 432. SURFACE TRANSPORTATION SECURITY.

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

              ``TITLE XXI--SURFACE TRANSPORTATION SECURITY

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

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

``SEC. 2102. ENROLLMENT LOCATIONS.

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

``SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE.

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

``SEC. 2104. CIVIL PENALTIES.

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

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

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

``SEC. 2106. OTHER SECURITY BACKGROUND CHECKS.

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

``SEC. 2107. REDUNDANT BACKGROUND CHECKS.

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

``SEC. 2108. TRANSITION.

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

``SEC. 2109. SAVINGS CLAUSE.

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

``SEC. 2110. DEFINITIONS.

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

SEC. 433. CONFORMING AMENDMENT.

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

              ``TITLE XXI--SURFACE TRANSPORTATION SECURITY

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

SEC. 434. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.

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

SEC. 435. DEADLINES AND EFFECTIVE DATES.

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

SEC. 436. TASK FORCE ON DISQUALIFYING CRIMES.

    (a) Establishment.--The Secretary shall establish a task force to 
review the lists of crimes that disqualify individuals from 
transportation-related employment under current regulations of the 
Transportation Security Administration and assess whether such lists of 
crimes are accurate indicators of a terrorism security risk.
    (b) Membership.--The task force shall be composed of 
representatives of appropriate industries, including labor unions 
representing employees of such industries, Federal agencies, and other 
appropriate entities, as determined by the Secretary.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the task force shall submit to the Secretary and the 
Committee on Homeland Security of the House of Representatives a report 
containing the results of the review, including recommendations for a 
common list of disqualifying crimes and the rationale for the inclusion 
of each crime on the list.
                                                  Union Calendar No. 63

111th CONGRESS

  1st Session

                               H. R. 2200

                          [Report No. 111-123]

_______________________________________________________________________

                                 A BILL

  To authorize the Transportation Security Administration's programs 
  relating to the provision of transportation security, and for other 
                               purposes.

_______________________________________________________________________

                              May 19, 2009

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```