IB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Transportation Security Administration Authorization 

4 Act’’. 

5 (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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) ASSISTANT SECRETARY.—The term ‘‘Assist4 ant Secretary’’ means Assistant Secretary of Home5 land Security (Transportation Security Administra6 tion). 


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1 (2) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the Transportation Security Administra3 tion. 

4 (3) AVIATION SECURITY ADVISORY COMMITTEE.— 

5 The term ‘‘Aviation Security Advisory Committee’’ 

6 means the advisory committee established by section 

7 44946 of title 49, United States Code, as added by 

8 this Act. 

9 (4) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Homeland Security. 

11 SEC. 3. AUTHORITIES VESTED IN ASSISTANT SECRETARY. 

12 Any authority vested in the Assistant Secretary under 

13 this Act shall be carried out under the direction and control 

14 of the Secretary. 

15 TITLE I—AUTHORIZATION OF 

16 APPROPRIATIONS 

17 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Sec19 retary $7,604,561,000 for fiscal year 2010 and 

20 $8,060,835,000 for fiscal year 2011 for the necessary ex21 penses of the Transportation Security Administration for 

22 such fiscal years. 


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1 SEC. 102. RISK-BASED SYSTEM FOR ALLOCATION OF RE2 SOURCES. 

3 (a) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Assistant Secretary shall sub5 mit to the appropriate congressional committees, including 

6 the Committee on Homeland Security of the House of Rep7 resentatives, a report on the status of its implementation 

8 of recommendations from the Comptroller General with re9 spect to the use by the Transportation Security Administra10 tion of a risk-based system for allocating security resources 

11 effectively. 

12 (b) ASSESSMENTS.—The report shall include assess13 ments of the Transportation Security Administration’s 

14 progress in— 

15 (1) adopting security goals that define specific 

16 outcomes, conditions, end points, and performance 

17 targets; 

18 (2) conducting comprehensive risk assessments 

19 for the transportation sector that meet the criteria es20 tablished under Homeland Security Presidential Di21 rective-7 in effect as of January 1, 2009, and combine 

22 individual assessments of threat, vulnerability, and 

23 consequence; 

24 (3) analyzing the assessments described in para25 graph (2) to produce a comparative analysis of risk 


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1 across the entire transportation sector to guide cur2 rent and future investment decisions; 

3 (4) establishing an approach for gathering data 

4 on investments by State, local, and private sector se5 curity partners in transportation security; 

6 (5) establishing a plan and corresponding bench7 marks for conducting risk assessments for the trans8 portation sector that identify the scope of the assess9 ments and resource requirements for completing them; 

10 (6) working with the Department of Homeland 

11 Security to effectuate the Administration’s risk man12 agement approach by establishing a plan and time13 frame for assessing the appropriateness of the Admin14 istration’s intelligence-driven risk management ap15 proach for managing risk at the Administration and 

16 documenting the results of the assessment once com17 pleted; 

18 (7) determining the best approach for assigning 

19 uncertainty or confidence levels to analytic intel20 ligence products related to the Transportation Secu21 rity Administration’s security mission and applying 

22 such approach; and 

23 (8) establishing internal controls, including— 

24 (A) a focal point and clearly defined roles 

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1 istration’s risk management framework is imple2 mented; 

3 (B) policies, procedures, and guidance that 

4 require the implementation of the Administra5 tion’s framework and completion of related work 

6 activities; and 

7 (C) a system to monitor and improve how 

8 effectively the framework is being implemented. 

9 (c) ASSESSMENT AND PRIORITIZATION OF RISKS.— 

10 (1) IN GENERAL.—Consistent with the risk and 

11 threat assessments required under sections 

12 114(s)(3)(B) and 44904(c) of title 49, United States 

13 Code, the report shall include— 

14 (A) a summary that ranks the risks within 

15 and across transportation modes, including vul16 nerability of a cyber attack; and 

17 (B) a description of the risk-based priorities 

18 for securing the transportation sector, both with19 in and across modes, in the order that the prior20 ities should be addressed. 

21 (2) METHODS.—The report also shall— 

22 (A) describe the underlying methodologies 

23 used to assess risks across and within each trans24 portation mode and the basis for any assump25 tions regarding threats, vulnerabilities, and conVerDate Nov 24 2008 23:22 May 19, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2200.RH H2200

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1 sequences made in assessing and prioritizing 

2 risks within and across such modes; and 

3 (B) include the Assistant Secretary’s work4 ing definition of the terms ‘‘risk-based’’ and 

5 ‘‘risk-informed’’. 

6 (d) FORMAT.—The report shall be submitted in classi7 fied or unclassified formats, as appropriate. 

8 SEC. 103. ENSURING CONTRACTING WITH SMALL BUSINESS 

9 CONCERNS AND DISADVANTAGED BUSINESS 

10 CONCERNS. 

11 (a) REQUIREMENTS FOR PRIME CONTRACTS.—The As12 sistant Secretary shall include in each contract, valued at 

13 $300,000,000 or more, awarded for procurement of goods 

14 or services acquired for the Transportation Security Ad15 ministration— 

16 (1) a requirement that the contractor shall im17 plement a plan for the award, in accordance with 

18 other applicable requirements, of subcontracts under 

19 the contract to small business concerns, including 

20 small business concerns owned and controlled by so21 cially and economically disadvantaged individuals, 

22 small business concerns owned and controlled by 

23 women, small business concerns owned and controlled 

24 by service-disabled veterans, HUBZone small business 

25 concerns, small business concerns participating in the 


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1 program under section 8(a) of the Small Business Act 

2 (15 U.S.C. 637(a)), institutions of higher education 

3 receiving assistance under title III or V of the Higher 

4 Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101 

5 et seq.), and Alaska Native Corporations created pur6 suant to the Alaska Native Claims Settlement Act (43 

7 U.S.C. 1601 et seq.), including the terms of such plan; 

8 and 

9 (2) a requirement that the contractor shall sub10 mit to the Assistant Secretary, during performance of 

11 the contract, periodic reports describing the extent to 

12 which the contractor has complied with such plan, in13 cluding specification (by total dollar amount and by 

14 percentage of the total dollar value of the contract) of 

15 the value of subcontracts awarded at all tiers of sub16 contracting to small business concerns, institutions, 

17 and corporations referred to in subsection (a)(1). 

18 (b) UTILIZATION OF ALLIANCES.—The Assistant Sec19 retary shall seek to facilitate award of contracts by the Ad20 ministration to alliances of small business concerns, institu21 tions, and corporations referred to in subsection (a)(1). 

22 (c) ANNUAL REPORT.— 

23 (1) IN GENERAL.—The Assistant Secretary shall 

24 submit to the Committee on Homeland Security of the 

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1 merce, Science, and Transportation of the Senate by 

2 October 31 each year a report on the award of con3 tracts to small business concerns, institutions, and 

4 corporations referred to in subsection (a)(1) during 

5 the preceding fiscal year. 

6 (2) CONTENTS.—The Assistant Secretary shall 

7 include in each report— 

8 (A) specification of the value of such con9 tracts, by dollar amount and as a percentage of 

10 the total dollar value of all contracts awarded by 

11 the United States in such fiscal year; 

12 (B) specification of the total dollar value of 

13 such contracts awarded to each of the categories 

14 of small business concerns, institutions, and cor15 porations referred to in subsection (a)(1); and 

16 (C) if the percentage specified under sub17 paragraph (A) is less than 25 percent, an expla18 nation of— 

19 (i) why the percentage is less than 25 

20 percent; and 

21 (ii) what will be done to ensure that 

22 the percentage for the following fiscal year 

23 will not be less than 25 percent. 


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1 TITLE II—AVIATION SECURITY 

2 Subtitle A—Amendments to Chapter 

3 449 

4 SEC. 201. SCREENING AIR CARGO AND CHECKED BAGGAGE. 

5 (a) INBOUND AIR CARGO ON PASSENGER AIRCRAFT.— 

6 Section 44901(g) of title 49, United States Code, is amend7 ed— 

8 (1) by redesignating paragraphs (3), (4), and (5) 

9 as paragraphs (4), (5), and (6), respectively; and 

10 (2) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) INBOUND AIR CARGO ON PASSENGER AIR13 CRAFT.—Not later than 2 years after the date of en14 actment of the Transportation Security Administra15 tion Authorization Act, the Assistant Secretary shall 

16 establish a system to verify that all cargo transported 

17 on passenger aircraft operated by an air carrier or 

18 foreign air carrier inbound to the United States be 

19 screened for explosives. The system shall include a 

20 risk assessment for inbound air cargo on passenger 

21 and all air cargo airplanes, and the Assistant Sec22 retary shall use this assessment to address 

23 vulnerabilities in cargo screening. The Assistant Sec24 retary shall identify redundancies in inbound cargo 

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1 dress these to ensure that all cargo is screened without 

2 subjecting carriers to multiple inspections by different 

3 agencies.’’. 

4 (b) MANDATORY SCREENING WHERE EDS IS NOT YET

5 AVAILABLE.—Section 44901(e)(1) of title 49, United States 

6 Code, is amended to read as follows: 

7 ‘‘(1) A bag match program, ensuring that no 

8 checked baggage is placed aboard an aircraft unless 

9 the passenger who checked the baggage is aboard the 

10 aircraft, is not authorized as an alternate method of 

11 baggage screening where explosive detection equipment 

12 is available unless there are exigent circumstances as 

13 determined by the Assistant Secretary. The Assistant 

14 Secretary shall report to the Committee on Homeland 

15 Security of the House of Representatives within 90 

16 days of the determination that bag match must be 

17 used as an alternate method of baggage screening.’’. 

18 SEC. 202. PROHIBITION OF ADVANCE NOTICE OF COVERT 

19 TESTING TO SECURITY SCREENERS. 

20 (a) COVERT TESTING.—Section 44935 of title 49, 

21 United States Code, is amended— 

22 (1) by redesignating the second subsection (i) (as 

23 redesignated by section 111(a)(1) of Public Law 107– 

24 71 (115 Stat. 616), relating to accessibility of com25 puter-based training facilities) as subsection (k); and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(l) PROHIBITION OF ADVANCE NOTICE TO SECURITY

4 SCREENERS OF COVERT TESTING AND EVALUATION.— 

5 ‘‘(1) IN GENERAL.—The Assistant Secretary 

6 shall ensure that information concerning a covert test 

7 of a transportation security system to be conducted by 

8 a covert testing office, the Inspector General of the De9 partment of Homeland Security, or the Government 

10 Accountability Office is not provided to any indi11 vidual prior to the completion of the test. 

12 ‘‘(2) EXCEPTIONS.—Notwithstanding paragraph 

13 (1)— 

14 ‘‘(A) an authorized individual involved in a 

15 covert test of a transportation security system 

16 may provide information concerning the covert 

17 test to— 

18 ‘‘(i) employees, officers, and contractors 

19 of the Federal Government (including mili20 tary personnel); 

21 ‘‘(ii) employees and officers of State 

22 and local governments; and 

23 ‘‘(iii) law enforcement officials who are 

24 authorized to receive or directed to be pro25 vided such information by the Assistant 


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1 Secretary, the Inspector General of the De2 partment of Homeland Security, or the 

3 Comptroller General, as the case may be; 

4 and 

5 ‘‘(B) for the purpose of ensuring the secu6 rity of any individual in the vicinity of a site 

7 where a covert test of a transportation security 

8 system is being conducted, an individual con9 ducting the test may disclose his or her status as 

10 an individual conducting the test to any appro11 priate individual if a security screener or other 

12 individual who is not a covered employee identi13 fies the individual conducting the test as a po14 tential threat. 

15 ‘‘(3) SPECIAL RULES FOR TSA.— 

16 ‘‘(A) MONITORING AND SECURITY OF TEST17 ING PERSONNEL.—The head of each covert test18 ing office shall ensure that a person or group of 

19 persons conducting a covert test of a transpor20 tation security system for the covert testing office 

21 is accompanied at the site of the test by a cover 

22 team composed of one or more employees of the 

23 covert testing office for the purpose of monitoring 

24 the test and confirming the identity of personnel 

25 involved in the test under subparagraph (B). 


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1 ‘‘(B) RESPONSIBILITY OF COVER TEAM.— 

2 Under this paragraph, a cover team for a covert 

3 test of a transportation security system shall— 

4 ‘‘(i) monitor the test; and 

5 ‘‘(ii) for the purpose of ensuring the se6 curity of any individual in the vicinity of 

7 a site where the test is being conducted, con8 firm, notwithstanding paragraph (1), the 

9 identity of any individual conducting the 

10 test to any appropriate individual if a secu11 rity screener or other individual who is not 

12 a covered employee identifies the individual 

13 conducting the test as a potential threat. 

14 ‘‘(C) AVIATION SCREENING.—Notwith15 standing subparagraph (A), the Transportation 

16 Security Administration is not required to have 

17 a cover team present during a test of the screen18 ing of persons, carry-on items, or checked bag19 gage at an aviation security checkpoint at or 

20 serving an airport if the test— 

21 ‘‘(i) is approved, in coordination with 

22 the designated security official for the air23 port operator by the Federal Security Di24 rector for such airport; and 


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1 ‘‘(ii) is carried out under an aviation 

2 screening assessment program of the De3 partment of Homeland Security. 

4 ‘‘(D) USE OF OTHER PERSONNEL.—The 

5 Transportation Security Administration may 

6 use employees, officers, and contractors of the 

7 Federal Government (including military per8 sonnel) and employees and officers of State and 

9 local governments to conduct covert tests. 

10 ‘‘(4) DEFINITIONS.—In this subsection, the fol11 lowing definitions apply: 

12 ‘‘(A) APPROPRIATE INDIVIDUAL.—The term 

13 ‘appropriate individual’, as used with respect to 

14 a covert test of a transportation security system, 

15 means any individual that— 

16 ‘‘(i) the individual conducting the test 

17 determines needs to know his or her status 

18 as an individual conducting a test under 

19 paragraph (2)(B); or 

20 ‘‘(ii) the cover team monitoring the test 

21 under paragraph (3)(B)(i) determines needs 

22 to know the identity of an individual con23 ducting the test. 

24 ‘‘(B) COVERED EMPLOYEE.—The term ‘cov25 ered employee’ means any individual who reVerDate Nov 24 2008 23:22 May 19, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H2200.RH H2200

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1 ceives notice of a covert test before the completion 

2 of a test under paragraph (2)(A). 

3 ‘‘(C) COVERT TEST.— 

4 ‘‘(i) IN GENERAL.—The term ‘covert 

5 test’ means an exercise or activity conducted 

6 by a covert testing office, the Inspector Gen7 eral of the Department of Homeland Secu8 rity, or the Government Accountability Of9 fice to intentionally test, compromise, or 

10 circumvent transportation security systems 

11 to identify vulnerabilities in such systems. 

12 ‘‘(ii) LIMITATION.—Notwithstanding 

13 clause (i), the term ‘covert test’ does not 

14 mean an exercise or activity by an em15 ployee or contractor of the Transportation 

16 Security Administration to test or assess 

17 compliance with relevant regulations. 

18 ‘‘(D) COVERT TESTING OFFICE.—The term 

19 ‘covert testing office’ means any office of the 

20 Transportation Security Administration des21 ignated by the Assistant Secretary to conduct 

22 covert tests of transportation security systems. 

23 ‘‘(E) EMPLOYEE OF A COVERT TESTING OF24 FICE.—The term ‘employee of a covert testing of25 fice’ means an individual who is an employee of 


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1 a covert testing office or a contractor or an em2 ployee of a contractor of a covert testing office.’’. 

3 (b) UNIFORMS.—Section 44935(j) of such title is 

4 amended— 

5 (1) by striking ‘‘The Under Secretary’’ and in6 serting the following: 

7 ‘‘(1) UNIFORM REQUIREMENT.—The Assistant 

8 Secretary’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) ALLOWANCE.—The Assistant Secretary may 

11 grant a uniform allowance of not less than $300 to 

12 any individual who screens passengers and property 

13 pursuant to section 44901.’’. 

14 SEC. 203. SECURE VERIFICATION SYSTEM FOR LAW EN15 FORCEMENT OFFICERS. 

16 Section 44917 of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(e) SECURE VERIFICATION SYSTEM FOR LAW EN19 FORCEMENT OFFICERS.— 

20 ‘‘(1) IN GENERAL.—The Assistant Secretary 

21 shall develop a plan for a system to securely verify 

22 the identity and status of law enforcement officers fly23 ing while armed. The Assistant Secretary shall ensure 

24 that the system developed includes a biometric compo25 nent. 


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1 ‘‘(2) DEMONSTRATION.—The Assistant Secretary 

2 shall conduct a demonstration program to test the se3 cure verification system described in paragraph (1) 

4 before issuing regulations for deployment of the sys5 tem. 

6 ‘‘(3) CONSULTATION.—The Assistant Secretary 

7 shall consult with the Aviation Security Advisory 

8 Committee, established under section 44946 of title 

9 49, United States Code, when developing the system 

10 and evaluating the demonstration program. 

11 ‘‘(4) REPORT.—The Assistant Secretary shall 

12 submit a report to the Committee on Homeland Secu13 rity of the House of Representatives, evaluating the 

14 demonstration program of the secure verification sys15 tem required by this section. 

16 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

17 From the amounts authorized under section 101 of the 

18 Transportation Security Administration Authoriza19 tion Act, there is authorized to be appropriated to 

20 carry out this subsection $10,000,000, to remain 

21 available until expended.’’. 


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1 SEC. 204. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERV2 ICE. 

3 Section 44917 of title 49, United States Code, as 

4 amended by section 203 of this Act, is further amended by 

5 adding at the end the following: 

6 ‘‘(f) OMBUDSMAN.— 

7 ‘‘(1) ESTABLISHMENT.—The Assistant Secretary 

8 shall establish in the Federal Air Marshal Service an 

9 Office of the Ombudsman. 

10 ‘‘(2) APPOINTMENT.—The head of the Office shall 

11 be the Ombudsman, who shall be appointed by the As12 sistant Secretary. 

13 ‘‘(3) DUTIES.—The Ombudsman shall carry out 

14 programs and activities to improve morale, training, 

15 and quality of life issues in the Service, including 

16 through implementation of the recommendations of 

17 the Inspector General of the Department of Homeland 

18 Security and the Comptroller General.’’. 

19 SEC. 205. FEDERAL FLIGHT DECK OFFICER PROGRAM EN20 HANCEMENTS. 

21 (a) ESTABLISHMENT.—Section 44921(a) of title 49, 

22 United States Code, is amended by striking the following: 

23 ‘‘The Under Secretary of Transportation for Security’’ and 

24 inserting ‘‘The Secretary of Homeland Security, acting 

25 through the Assistant Secretary of Transportation Secu26 rity’’. 


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1 (b) ADMINISTRATORS.—Section 44921(b) of title 49, 

2 United States Code, is amended— 

3 (1) by striking ‘‘Under’’ in paragraphs (1), (2), 

4 (4), (6), and (7); and 

5 (2) by adding at the end the following: 

6 ‘‘(8) ADMINISTRATORS.—The Assistant Secretary 

7 shall implement an appropriately sized administra8 tive structure to manage the program, including over9 seeing— 

10 ‘‘(A) eligibility and requirement protocols 

11 administration; and 

12 ‘‘(B) communication with Federal flight 

13 deck officers.’’. 

14 (c) TRAINING, SUPERVISION, AND EQUIPMENT.—Sec15 tion 44921(c)(2)(C) of such title is amended by adding at 

16 the end the following: 

17 ‘‘(iv) USE OF FEDERAL AIR MARSHAL

18 SERVICE FIELD OFFICE FACILITIES.—In ad19 dition to dedicated Government and con20 tract training facilities, the Assistant Sec21 retary shall require that field office facilities 

22 of the Federal Air Marshal Service be used 

23 for the administrative and training needs of 

24 the program. Such facilities shall be avail25 able to Federal flight deck officers at no cost 


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1 for firearms training and qualification, de2 fensive tactics training, and program ad3 ministrative assistance.’’. 

4 (d) REIMBURSEMENT.—Section 44921 of such title is 

5 amended by adding at the end the following: 

6 ‘‘(l) REIMBURSEMENT.—The Secretary, acting through 

7 the Assistant Secretary, shall reimburse all Federal flight 

8 deck officers for expenses incurred to complete a recurrent 

9 and requalifying training requirement necessary to con10 tinue to serve as a Federal flight deck officer. Eligible ex11 penses under this subsection include ground transportation, 

12 lodging, meals, and ammunition, to complete any required 

13 training as determined by the Assistant Secretary.’’. 

14 SEC. 206. FOREIGN REPAIR STATIONS. 

15 Section 44924(f) of title 49, United States Code, is 

16 amended to read as follows: 

17 ‘‘(f) REGULATIONS.—The Assistant Secretary shall 

18 issue regulations establishing security standards for foreign 

19 repair stations performing maintenance for aircraft used 

20 to provide air transportation and shall ensure that com21 parable standards apply to maintenance work performed 

22 by employees of repair stations certified under part 121 of 

23 title 14, Code of Federal Regulations, and maintenance 

24 work performed by employees of repair stations certified 

25 under part 145 of such title.’’. 


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1 SEC. 207. ASSISTANT SECRETARY DEFINED. 

2 (a) IN GENERAL.—Subchapter II of chapter 449 of 

3 title 49, United States Code, is amended by inserting before 

4 section 44933 the following: 

5 ‘‘§ 44931. Assistant Secretary defined 

6 ‘‘(a) IN GENERAL.—In this chapter— 

7 ‘‘(1) the term ‘Assistant Secretary’ means the As8 sistant Secretary of Homeland Security (Transpor9 tation Security Administration); and 

10 ‘‘(2) any reference to the Administrator of the 

11 Transportation Security Administration, the Under 

12 Secretary of Transportation for Security, the Under 

13 Secretary of Transportation for Transportation Secu14 rity, or the Under Secretary for Transportation Secu15 rity shall be deemed to be a reference to the Assistant 

16 Secretary. 

17 ‘‘(b) AUTHORITIES VESTED IN ASSISTANT SEC18 RETARY.—Any authority vested in the Assistant Secretary 

19 under this chapter shall be carried out under the direction 

20 and control of the Secretary of Homeland Security.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for such 

22 subchapter is amended by inserting before the item relating 

23 to section 44933 the following: 

‘‘44931. Assistant Secretary defined.’’. 


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1 SEC. 208. TSA AND HOMELAND SECURITY INFORMATION 

2 SHARING. 

3 (a) FEDERAL SECURITY DIRECTOR.—Section 44933 of 

4 title 49, United States Code, is amended— 

5 (1) in the section heading, by striking ‘‘Man6 agers’’ and inserting ‘‘Directors’’; 

7 (2) by striking ‘‘Manager’’ each place it appears 

8 and inserting ‘‘Director’’; 

9 (3) by striking ‘‘Managers’’ each place it appears 

10 and inserting ‘‘Directors’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(c) INFORMATION SHARING.—Not later than one year 

13 after the date of enactment of the Transportation Security 

14 Administration Authorization Act, the Assistant Secretary 

15 shall— 

16 ‘‘(1) require an airport security plan to have 

17 clear reporting procedures to provide that the Federal 

18 Security Director of the airport is immediately noti19 fied whenever any Federal, State, or local law en20 forcement personnel are called to an aircraft at a gate 

21 or on an airfield at the airport to respond to any se22 curity matter; 

23 ‘‘(2) require each Federal Security Director of an 

24 airport to meet at least quarterly with law enforce25 ment agencies serving the airport to discuss incident 

26 management protocols; and 


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1 ‘‘(3) require each Federal Security Director at 

2 an airport to inform, consult, and coordinate, as ap3 propriate, with the airport operator in a timely man4 ner on security matters impacting airport operations 

5 and to establish and maintain operational protocols 

6 with airport operators to ensure coordinated responses 

7 to security matters.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) Section 114(f)(6) of title 49, United States 

10 Code, is amended by striking ‘‘Managers’’ and insert11 ing ‘‘Directors’’. 

12 (2) Section 44940(a)(1)(F) of title 49, United 

13 States Code, is amended by striking ‘‘Managers’’ and 

14 inserting ‘‘Directors’’. 

15 (c) TECHNICAL AMENDMENT.—The chapter analysis 

16 for chapter 449 is amended by striking the item relating 

17 to section 44933 and inserting the following: 

‘‘44933. Federal Security Directors.’’. 

18 SEC. 209. AVIATION SECURITY STAKEHOLDER PARTICIPA19 TION. 

20 (a) IN GENERAL.—Subchapter II of chapter 449 of 

21 title 49, United States Code, is amended by adding at the 

22 end the following: 

23 ‘‘§ 44946. Aviation Security Advisory Committee 

24 ‘‘(a) ESTABLISHMENT OF AVIATION SECURITY ADVI25 SORY COMMITTEE.— 


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1 ‘‘(1) IN GENERAL.—The Assistant Secretary 

2 shall establish in the Transportation Security Admin3 istration an advisory committee, to be known as the 

4 Aviation Security Advisory Committee (in this chap5 ter referred to as the ‘Advisory Committee’), to assist 

6 the Assistant Secretary with issues pertaining to 

7 aviation security, including credentialing. 

8 ‘‘(2) RECOMMENDATIONS.—The Assistant Sec9 retary shall require the Advisory Committee to de10 velop recommendations for improvements to civil 

11 aviation security methods, equipment, and processes. 

12 ‘‘(3) MEETINGS.—The Assistant Secretary shall 

13 require the Advisory Committee to meet at least semi14 annually and may convene additional meetings as 

15 necessary. 

16 ‘‘(4) UNPAID POSITION.—Advisory Committee 

17 members shall serve at their own expense and receive 

18 no salary, reimbursement of travel expenses, or other 

19 compensation from the Federal Government. 

20 ‘‘(b) MEMBERSHIP.— 

21 ‘‘(1) MEMBER ORGANIZATIONS.—The Assistant 

22 Secretary shall ensure that the Advisory Committee is 

23 composed of not more than one individual rep24 resenting not more than 27 member organizations, in25 cluding representation of air carriers, all cargo air 


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1 transportation, indirect air carriers, labor organiza2 tions representing air carrier employees, aircraft 

3 manufacturers, airport operators, general aviation, 

4 and the aviation technology security industry, includ5 ing biometrics. 

6 ‘‘(2) APPOINTMENTS.—Members shall be ap7 pointed by the Assistant Secretary, and the Assistant 

8 Secretary shall have the discretion to review the par9 ticipation of any Advisory Committee member and 

10 remove for cause at any time. 

11 ‘‘(c) NONAPPLICABILITY OF FACA.—The Federal Ad12 visory Committee Act (5 U.S.C. App.) shall not apply to 

13 the Advisory Committee under this section. 

14 ‘‘(d) AIR CARGO SECURITY WORKING GROUP.— 

15 ‘‘(1) IN GENERAL.—The Assistant Secretary 

16 shall establish within the Advisory Committee an air 

17 cargo security working group to provide recommenda18 tions for air cargo security issues, including the im19 plementation of the air cargo screening initiatives 

20 proposed by the Transportation Security Administra21 tion to screen air cargo on passenger aircraft in ac22 cordance with established cargo screening mandates. 

23 ‘‘(2) MEETINGS.—The working group shall meet 

24 at least semiannually and provide annual reports to 

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1 prove the Administration’s cargo screening initiatives 

2 established to meet all cargo screening mandates set 

3 forth in section 44901(g) of title 49, United States 

4 Code. 

5 ‘‘(3) MEMBERSHIP.—The working group shall 

6 include members from the Advisory Committee with 

7 expertise in air cargo operations and representatives 

8 from other stakeholders as determined by the Assistant 

9 Secretary. 

10 ‘‘(4) REPORTS.— 

11 ‘‘(A) IN GENERAL.—The working group 

12 shall prepare and submit reports to the Assistant 

13 Secretary in accordance with this paragraph 

14 that provide cargo screening mandate implemen15 tation recommendations. 

16 ‘‘(B) SUBMISSION.—Not later than one year 

17 after the date of enactment of this section and on 

18 an annual basis thereafter, the working group 

19 shall submit its first report to the Assistant Sec20 retary, including any recommendations of the 

21 group— 

22 ‘‘(i) to reduce redundancies and in23 crease efficiencies with the screening and in24 spection of inbound cargo; and 


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1 ‘‘(ii) on the potential development of a 

2 fee structure to help sustain cargo screening 

3 efforts.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for such 

5 subchapter is amended by adding at the end the following: 

‘‘44946. Aviation Security Advisory Committee.’’. 

6 SEC. 210. GENERAL AVIATION SECURITY. 

7 (a) IN GENERAL.—Subchapter II of chapter 449 of 

8 title 49, United States Code, as amended by section 209 

9 of this Act, is further amended by adding at the end the 

10 following: 

11 ‘‘§ 44947. General aviation security 

12 ‘‘(a) GENERAL AVIATION SECURITY GRANT PRO13 GRAM.— 

14 ‘‘(1) IN GENERAL.—The Assistant Secretary 

15 shall carry out a general aviation security grant pro16 gram to enhance transportation security at general 

17 aviation airports by making grants to operators of 

18 general aviation airports for projects to enhance pe19 rimeter security, airfield security, and terminal secu20 rity. 

21 ‘‘(2) ELIGIBLE PROJECTS.—Not later than one 

22 year after the date of submission of the first report of 

23 the working group under subsection (b), the Assistant 

24 Secretary shall develop and make publically available 

25 a list of approved eligible projects for such grants 


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1 under paragraph (1) based upon recommendations 

2 made by the working group in such report. 

3 ‘‘(3) FEDERAL SHARE.—The Federal share of the 

4 cost of activities for which grants are made under this 

5 subsection shall be 90 percent. 

6 ‘‘(b) GENERAL AVIATION SECURITY WORKING

7 GROUP.— 

8 ‘‘(1) IN GENERAL.—The Assistant Secretary 

9 shall establish, within the Aviation Security Advisory 

10 Committee established under section 44946, a general 

11 aviation working group to advise the Transportation 

12 Security Administration regarding transportation se13 curity issues for general aviation facilities general 

14 aviation aircraft, and helicopter operations at general 

15 aviation and commercial service airports. 

16 ‘‘(2) MEETINGS.—The working group shall meet 

17 at least semiannually and may convene additional 

18 meetings as necessary. 

19 ‘‘(3) MEMBERSHIP.—The Assistant Secretary 

20 shall appoint members from the Aviation Security 

21 Advisory Committee with general aviation experience. 

22 ‘‘(4) REPORTS.— 

23 ‘‘(A) SUBMISSION.—The working group 

24 shall submit a report to the Assistant Secretary 


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1 with recommendations on ways to improve secu2 rity at general aviation airports. 

3 ‘‘(B) CONTENTS OF REPORT.—The report of 

4 the working group submitted to the Assistant 

5 Secretary under this paragraph shall include 

6 any recommendations of the working group for 

7 eligible security enhancement projects at general 

8 aviation airports to be funded by grants under 

9 subsection (a). 

10 ‘‘(C) SUBSEQUENT REPORTS.—After sub11 mitting the report, the working group shall con12 tinue to report to the Assistant Secretary on gen13 eral aviation aircraft and airports. 

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—From 

15 amounts made available under section 101 of the Transpor16 tation Security Administration Authorization Act, there is 

17 authorized to be appropriated for making grants under sub18 section (a) $10,000,000 for each of fiscal years 2010 and 

19 2011.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for such 

21 subchapter is further amended by adding at the end the fol22 lowing: 

‘‘44947. General aviation security.’’. 

23 SEC. 211. SECURITY AND SELF-DEFENSE TRAINING. 

24 (a) Section 44918(b) of title 49, United States Code, 

25 is amended— 


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1 (1) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) SELF-DEFENSE TRAINING PROGRAM.—Not 

4 later than 1 year after the date of enactment of the 

5 Transportation Security Administration Authoriza6 tion Act, the Assistant Secretary shall provide ad7 vanced self-defense training of not less than 5 hours 

8 during each 2-year period for all cabin crewmembers. 

9 The Assistant Secretary shall consult with the Advi10 sory Committee, established under section 44946. and 

11 cabin crew and air carrier representatives in devel12 oping a plan for providing self-defense training in 

13 conjunction with existing recurrent training.’’; 

14 (2) by striking paragraph (3) and inserting the 

15 following: 

16 ‘‘(3) PARTICIPATION.—A crewmember shall not 

17 be required to engage in any physical contact during 

18 the training program under this subsection.’’; and 

19 (3) by striking paragraph (4) and redesignating 

20 paragraphs (5) through (7) as paragraphs (4) 

21 through (6), respectively. 

22 (b) SECURITY TRAINING.—Section 44918(a)(6) of title 

23 49, United States Code, is amended by adding at the end 

24 the following: ‘‘The Assistant Secretary shall establish an 

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1 members that includes developing performance measures 

2 and strategic goals for air carriers, and standard protocols 

3 for Transportation Security Administration oversight in4 spectors, in accordance with recommendations by the In5 spector General of the Department of Homeland Security 

6 and the Comptroller General.’’. 

7 SEC. 212. SECURITY SCREENING OF INDIVIDUALS WITH 

8 METAL IMPLANTS TRAVELING IN AIR TRANS9 PORTATION. 

10 (a) IN GENERAL.—Section 44903 of title 49, United 

11 States Code, is amended by adding at the end the following: 

12 ‘‘(m) SECURITY SCREENING OF INDIVIDUALS WITH

13 METAL IMPLANTS.— 

14 ‘‘(1) IN GENERAL.—The Assistant Secretary 

15 shall ensure fair treatment in the screening of indi16 viduals with metal implants traveling in air trans17 portation. 

18 ‘‘(2) PLAN.—The Assistant Secretary shall sub19 mit a plan to the Committee on Homeland Security 

20 of the House of Representatives for improving security 

21 screening procedures for individuals with metal im22 plants to limit disruptions in the screening process 

23 while maintaining security. The plan shall include 

24 benchmarks for implementing changes to the screening 

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1 ruptions for individuals with metal implants includ2 ing participation in the Registered Traveler program, 

3 as established pursuant to section 109(a)(3) of the 

4 Aviation Transportation Security Act (115 Stat. 

5 597), and the development of a new credential or sys6 tem that incorporates biometric technology and other 

7 applicable technologies to verify the identity of an in8 dividual who has a metal implant. 

9 ‘‘(3) METAL IMPLANT DEFINED.—In this sub10 section, the term ‘metal implant’ means a metal de11 vice or object that has been surgically implanted or 

12 otherwise placed in the body of an individual, includ13 ing any metal device used in a hip or knee replace14 ment, metal plate, metal screw, metal rod inside a 

15 bone, and other metal orthopedic implants.’’. 

16 (b) EFFECTIVE DATE.—Not later than 180 days after 

17 the date of enactment of the Transportation Security Ad18 ministration Authorization Act, the Secretary of Homeland 

19 Security shall submit the plan for security screening proce20 dures for individuals with metal implants, as required by 

21 section 44903(m) of title 49, United States Code. 

22 SEC. 213. PROHIBITION ON OUTSOURCING. 

23 Section 44903(j)(2)(C) of title 49, United States Code, 

24 is amended by adding at the end the following new clause: 


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1 ‘‘(v) OUTSOURCING PROHIBITED.— 

2 Upon implementation of the advanced pas3 senger prescreening system required by this 

4 section, the Assistant Secretary shall pro5 hibit any non-governmental entity from ad6 ministering the function of comparing pas7 senger information to the automatic selectee 

8 and no fly lists, consolidated and integrated 

9 terrorist watchlists, or any list or database 

10 derived from such watchlists for activities 

11 related to aviation security. The Assistant 

12 Secretary shall report to the Committee on 

13 Homeland Security of the House of Rep14 resentatives and the Committee on Com15 merce, Science, and Transportation of the 

16 Senate when any non-governmental entity 

17 is authorized access to the watchlists de18 scribed in this clause.’’. 

19 Subtitle B—Other Matters 

20 SEC. 221. SECURITY RISK ASSESSMENT OF AIRPORT PERIM21 ETER ACCESS CONTROLS. 

22 (a) IN GENERAL.—The Assistant Secretary shall de23 velop a strategic risk-based plan to improve transportation 

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1 port perimeter access controls more secure at all commercial 

2 service and general aviation airports. 

3 (b) CONTENTS.—The plan shall— 

4 (1) incorporate best practices for enhanced pe5 rimeter access controls; 

6 (2) evaluate and incorporate major findings of 

7 all relevant pilot programs of the Transportation Se8 curity Administration; 

9 (3) address recommendations of the Comptroller 

10 General on perimeter access controls; 

11 (4) include a requirement that airports update 

12 their security plans to incorporate the best practices, 

13 as appropriate, based on risk and adapt the best 

14 practices to meet the needs specific to their facilities; 

15 and 

16 (5) include an assessment of the role of new and 

17 emerging technologies, including unmanned and au18 tonomous perimeter security technologies, that could 

19 be utilized at both commercial and general aviation 

20 facilities. 

21 SEC. 222. ADVANCED PASSENGER PRESCREENING SYSTEM. 

22 (a) INITIAL REPORT.—Not later than 90 days after the 

23 date of enactment of this Act, the Comptroller General shall 

24 submit to the Committee on Homeland Security of the 


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1 House of Representatives and the Committee on Commerce, 

2 Science, and Transportation of the Senate a report that— 

3 (1) describes the progress made by the Depart4 ment of Homeland Security in implementing the ad5 vanced passenger prescreening system; 

6 (2) compares the total number of misidentified 

7 passengers who must undergo secondary screening or 

8 have been prevented from boarding a plane during the 

9 3-month period beginning 90 days before the date of 

10 enactment of the Transportation Security Adminis11 tration Authorization Act with the 3-month period be12 ginning 90 days after such date; and 

13 (3) includes any other relevant recommendations 

14 that the Inspector General of the Department of 

15 Homeland Security or the Comptroller General deter16 mines appropriate. 

17 (b) SUBSEQUENT REPORTS.—The Comptroller General 

18 shall submit subsequent reports on the implementation to 

19 such Committees every 90 days thereafter until the imple20 mentation is complete. 

21 SEC. 223. BIOMETRIC IDENTIFIER AIRPORT ACCESS EN22 HANCEMENT DEMONSTRATION PROGRAM. 

23 (a) IN GENERAL.—The Assistant Secretary shall carry 

24 out a demonstration program under which biometric identi25 fier access systems for individuals with unescorted access 


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1 to secure or sterile areas of an airport, including airport 

2 employees and flight crews, are evaluated for the purposes 

3 of enhancing transportation security at airports and to de4 termine how airports can implement uniform biometric 

5 identifier and interoperable security systems. 

6 (b) AIRPORTS PARTICIPATING IN PROGRAM.—The As7 sistant Secretary shall select at least 7 airports, including 

8 at least 2 large airports, to participate in the demonstra9 tion program. 

10 (c) INITIATION AND DURATION OF PROGRAM.— 

11 (1) DEADLINE FOR INITIATION.—The Assistant 

12 Secretary shall conduct the demonstration program 

13 not later than one year after the date of enactment of 

14 this Act. 

15 (2) DURATION.—The program shall have a dura16 tion of not less than 180 days and not more than one 

17 year. 

18 (d) REQUIRED ELEMENTS.—In conducting the dem19 onstration program, the Assistant Secretary shall— 

20 (1) assess best operational, administrative, and 

21 management practices in creating uniform, stand22 ards-based, and interoperable biometric identifier sys23 tems for all individuals with access to secure or sterile 

24 areas of commercial service airports; and 


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1 (2) conduct a risk-based analysis of the selected 

2 airports and other airports, as the Assistant Sec3 retary determines appropriate, to identify where the 

4 implementation of biometric identifier systems could 

5 benefit security. 

6 (e) CONSIDERATIONS.—In conducting the demonstra7 tion program, the Assistant Secretary shall consider, at a 

8 minimum, the following: 

9 (1) PARALLEL SYSTEMS.—Existing parallel bio10 metric transportation security systems applicable to 

11 workers with unescorted access to transportation sys12 tems, including— 

13 (A) transportation worker identification 

14 credentials issued under section 70105 of title 46, 

15 United States Code; 

16 (B) armed law enforcement travel creden17 tials issued under section 44903(h)(6) of title 49, 

18 United States Code; and 

19 (C) other credential and biometric identifier 

20 systems used by the Federal Government, as the 

21 Assistant Secretary considers appropriate. 

22 (2) EFFORTS BY TRANSPORTATION SECURITY AD23 MINISTRATION.—Any biometric identifier system or 

24 proposals developed by the Assistant Secretary. 


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1 (3) INFRASTRUCTURE AND TECHNICAL REQUIRE2 MENTS.—The architecture, modules, interfaces, and 

3 transmission of data needed for airport security oper4 ations. 

5 (4) EXISTING AIRPORT SYSTEMS.—Credentialing 

6 and access control systems in use in secure and sterile 

7 areas of airports. 

8 (5) ASSOCIATED COSTS.—The costs of imple9 menting uniform, standards-based, and interoperable 

10 biometric identifier systems at airports, including— 

11 (A) the costs to airport operators, airport 

12 workers, air carriers, and other aviation indus13 try stakeholders; and 

14 (B) the costs associated with ongoing oper15 ations and maintenance and modifications and 

16 enhancements needed to support changes in 

17 physical and electronic infrastructure. 

18 (6) INFORMATION FROM OTHER SOURCES.—Rec19 ommendations, guidance, and information from other 

20 sources, including the Inspector General of the De21 partment of Homeland Security, the Comptroller 

22 General, the heads of other governmental entities, or23 ganizations representing airport workers, and private 

24 individuals and organizations. 


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1 (f) IDENTIFICATION OF BEST PRACTICES.—In con2 ducting the demonstration program, the Assistant Secretary 

3 shall identify best practices for the administration of bio4 metric identifier access at airports, including best practices 

5 for each of the following processes: 

6 (1) Registration, vetting, and enrollment. 

7 (2) Issuance. 

8 (3) Verification and use. 

9 (4) Expiration and revocation. 

10 (5) Development of a cost structure for acquisi11 tion of biometric identifier credentials. 

12 (6) Development of redress processes for workers. 

13 (g) CONSULTATION.—In conducting the demonstration 

14 program, the Assistant Secretary shall consult with the 

15 Aviation Security Advisory Committee regarding how air16 ports may transition to uniform, standards-based, and 

17 interoperable biometric identifier systems for airport work18 ers and others with unescorted access to secure or sterile 

19 areas of an airport. 

20 (h) EVALUATION.—The Assistant Secretary shall con21 duct an evaluation of the demonstration program to specifi22 cally assess best operational, administrative, and manage23 ment practices in creating a standard, interoperable, bio24 metric identifier access system for all individuals with ac25 cess to secure or sterile areas of commercial service airports. 


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1 (i) REPORT TO CONGRESS.—Not later than 180 days 

2 after the last day of that demonstration program ends, the 

3 Assistant Secretary shall submit to the appropriate congres4 sional committees, including the Committee on Homeland 

5 Security of the House of Representatives, a report on the 

6 results of the demonstration program. The report shall in7 clude possible incentives for airports that voluntarily seek 

8 to implement uniform, standards-based, and interoperable 

9 biometric identifier systems. 

10 (j) BIOMETRIC IDENTIFIER SYSTEM DEFINED.—In 

11 this section, the term ‘‘biometric identifier system’’ means 

12 a system that uses biometric identifier information to 

13 match individuals and confirm identity for transportation 

14 security and other purposes. 

15 (k) AUTHORIZATION OF APPROPRIATIONS.—From 

16 amounts authorized under section 101, there is authorized 

17 to be appropriated a total of $20,000,000 to carry out this 

18 section for fiscal years 2010 and 2011. 

19 SEC. 224. TRANSPORTATION SECURITY TRAINING PRO20 GRAMS. 

21 Not later than one year after the date of enactment 

22 of this Act, the Assistant Secretary shall establish recurring 

23 training of transportation security officers regarding up24 dates to screening procedures and technologies in response 


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1 to weaknesses identified in covert tests at airports. The 

2 training shall include— 

3 (1) internal controls for monitoring and docu4 menting compliance of transportation security officers 

5 with training requirements; 

6 (2) the availability of high-speed Internet and 

7 Intranet connectivity to all airport training facilities 

8 of the Administration; and 

9 (3) such other matters as identified by the Assist10 ant Secretary with regard to training. 

11 SEC. 225. DEPLOYMENT OF TECHNOLOGY APPROVED BY 

12 SCIENCE AND TECHNOLOGY DIRECTORATE. 

13 (a) IN GENERAL.—The Assistant Secretary, in con14 sultation with the Directorate of Science and Technology 

15 of the Department of Homeland Security, shall develop and 

16 submit to the appropriate committees of Congress, including 

17 the Committee on Homeland Security of the House of Rep18 resentatives, a strategic plan for the certification and inte19 gration of technologies for transportation security with high 

20 approval or testing results from the Directorate and the 

21 Transportation Security Laboratory of the Department. 

22 (b) CONTENTS OF STRATEGIC PLAN.—The strategic 

23 plan developed under subsection (a) shall include— 

24 (1) a cost-benefit analysis to assist in 

25 prioritizing investments in new checkpoint screening 


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1 technologies that compare the costs and benefits of 

2 screening technologies being considered for develop3 ment or acquisition with the costs and benefits of 

4 other viable alternatives; 

5 (2) quantifiable performance measures to assess 

6 the extent to which investments in research, develop7 ment, and deployment of checkpoint screening tech8 nologies achieve performance goals for enhancing se9 curity at airport passenger checkpoints; and 

10 (3) a method to ensure that operational tests and 

11 evaluations have been successfully completed in an 

12 operational environment before deploying checkpoint 

13 screening technologies to airport checkpoints. 

14 (c) REPORT TO CONGRESS.— 

15 (1) IN GENERAL.—The Assistant Secretary shall 

16 submit to the appropriate committees of Congress, in17 cluding the Committee on Homeland Security of the 

18 House of Representatives, an annual report on the 

19 status of all technologies that have undergone testing 

20 and evaluation, including technologies that have been 

21 certified by the Department, and any technologies 

22 used in a demonstration program administered by the 

23 Administration. The report shall also specify whether 

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1 gible to receive assistance under title III or V of the 

2 Higher Education Act of 1965 (20 U.S.C. 1051 et seq. 

3 and 1101 et seq.) 

4 (2) FIRST REPORT.—The first report submitted 

5 under this subsection shall assess such technologies for 

6 a period of not less than 2 years. 

7 SEC. 226. IN-LINE BAGGAGE SCREENING STUDY. 

8 The Assistant Secretary shall consult with the Advi9 sory Committee and report to the appropriate committees 

10 of Congress, including the Committee on Homeland Secu11 rity of the House of Representatives, on deploying optimal 

12 baggage screening solutions and replacing baggage screen13 ing equipment nearing the end of its life cycle at commer14 cial service airports. Specifically, the report shall address 

15 the Administration’s plans, estimated costs, and current 

16 benchmarks for replacing explosive detection equipment that 

17 is nearing the end of its life cycle. 

18 SEC. 227. IN-LINE CHECKED BAGGAGE SCREENING SYS19 TEMS. 

20 (a) FINDINGS.—Congress finds the following: 

21 (1) Since its inception, the Administration has 

22 procured and installed over 2,000 explosive detection 

23 systems (referred to in this section as ‘‘EDS’’) and 

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1 tion as ‘‘ETD’’) systems to screen checked baggage for 

2 explosives at the Nation’s commercial airports. 

3 (2) Initial deployment of stand-alone EDS ma4 chines in airport lobbies resulted in operational inef5 ficiencies and security risks as compared to using 

6 EDS machines integrated in-line with airport bag7 gage conveyor systems. 

8 (3) The Administration has acknowledged the 

9 advantages of fully integrating in-line checked bag10 gage EDS systems, especially at large airports. Ac11 cording to the Administration, in-line EDS systems 

12 have proven to be cost-effective and more accurate at 

13 detecting dangerous items. 

14 (4) As a result of the large upfront capital in15 vestment required, these systems have not been de16 ployed on a wide-scale basis. The Administration esti17 mates that installing and operating the optimal 

18 checked baggage screening systems could potentially 

19 cost more than $20,000,000,000 over 20 years. 

20 (5) Nearly $2,000,000,000 has been appropriated 

21 for the installation of in-line explosive detection sys22 tems, including necessary baggage handling system 

23 improvements, since 2007. 

24 (6) Despite substantial funding, the Administra25 tion has made limited progress in deploying optimal 


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1 screening solutions, including in-line systems, to 250 

2 airports identified in its February 2006 strategic 

3 planning framework. 

4 (b) GAO REPORT.—The Comptroller General shall 

5 submit to the Committee on Homeland Security of the 

6 House of Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate a report on the 

8 Administration’s progress in deploying optimal baggage 

9 screening solutions and replacing aging baggage screening 

10 equipment at the Nation’s commercial airports. The report 

11 shall also include an analysis of the Administration’s meth12 odology for expending public funds to deploy in-line explo13 sive detection systems since 2007. The report shall address, 

14 at a minimum— 

15 (1) the Administration’s progress in deploying 

16 optimal screening solutions at the Nation’s largest 

17 commercial airports, including resources obligated 

18 and expended through fiscal year 2009; 

19 (2) the potential benefits and challenges associ20 ated with the deployment of optimal screening solu21 tions at the Nation’s commercial airports; and 

22 (3) the Administration’s plans, estimated costs, 

23 and current milestones for replacing EDS machines 

24 that are nearing the end of their estimated useful 

25 product lives. 


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1 (c) UPDATES REQUIRED.—Not later than 6 months 

2 after submitting the report required in subsection (b) and 

3 every 6 months thereafter until the funds appropriated for 

4 such systems are expended, the Comptroller General shall 

5 provide the Committee on Homeland Security of the House 

6 of Representatives an update regarding its analysis of the 

7 Administration’s expenditures for explosive detection and 

8 in-line baggage systems. 

9 SEC. 228. GAO REPORT ON CERTAIN CONTRACTS AND USE 

10 OF FUNDS. 

11 Not later than 60 days after the date of enactment of 

12 this Act, and every 6 months thereafter, the Comptroller 

13 General shall submit to the Committee on Homeland Secu14 rity of the House of Representatives and the Committee on 

15 Commerce, Science, and Transportation of the Senate a re16 port regarding any funds made available by the Consoli17 dated Security, Disaster Assistance, and Continuing Ap18 propriations Act, 2009 (Public Law 110–329), the Omnibus 

19 Appropriations Act, 2009 (Public Law 111–8), or the Eco20 nomic Stimulus Act of 2008 (Public Law 110–185) used 

21 by the Transportation Security Administration to award 

22 a contract for any explosive detection screening system or 

23 to implement any other screening or detection technology 

24 for use at an airport. 


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1 SEC. 229. IG REPORT ON CERTAIN POLICIES FOR FEDERAL 

2 AIR MARSHALS. 

3 Not later than 120 days after the date of enactment 

4 of this Act, the Inspector General of the Department of 

5 Homeland Security shall review the minimum standards 

6 and policies regarding rest periods between deployments 

7 and any other standards or policies applicable to Federal 

8 air marshals reporting to duty. After such review, the In9 spector General shall make any recommendations to such 

10 standards and policies the Inspector General considers nec11 essary to ensure an alert and responsible workforce of Fed12 eral air marshals. 

13 SEC. 230. EXPLOSIVES DETECTION CANINE TEAMS MIN14 IMUM FOR AVIATION SECURITY. 

15 The Assistant Secretary shall ensure that the number 

16 of explosives detection canine teams for aviation security 

17 is not less than 250 through fiscal year 2011. 

18 SEC. 231. ASSESSMENTS AND GAO REPORT OF INBOUND 

19 AIR CARGO SCREENING. 

20 Section 1602 of the Implementing Recommendations 

21 of the 9/11 Commission Act of 2007 (121 Stat. 478) is 

22 amended by inserting at the end the following: 

23 ‘‘(c) ASSESSMENT OF INBOUND COMPLIANCE.—Upon 

24 establishment of the inbound air cargo screening system, the 

25 Assistant Secretary shall submit a report to the Committee 

26 on Homeland Security in the House of Representatives on 


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1 the impact, rationale, and percentage of air cargo being ex2 empted from screening under exemptions granted under sec3 tion 44901(i)(1) of title 49, United States Code. 

4 ‘‘(d) GAO REPORT.—Not later than 120 days after the 

5 date of enactment of this Act and quarterly thereafter, the 

6 Comptroller General shall review the air cargo screening 

7 system for inbound passenger aircraft and report to the 

8 Committee on Homeland Security in the House of Rep9 resentatives on the status of implementation, including the 

10 approximate percentage of cargo being screened, as well as 

11 the Administration’s methods to verify the screening sys12 tem’s implementation.’’. 

13 SEC. 232. STATUS OF EFFORTS TO PROMOTE AIR CARGO 

14 SHIPPER CERTIFICATION. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Assistant Secretary shall submit to the Com17 mittee on Homeland Security of the House of Representa18 tives and the Committee on Commerce, Science, and Trans19 portation of the Senate a report on the status of the imple20 mentation of the Administration’s plan to promote a pro21 gram to certify the screening methods used by shippers in 

22 a timely manner, in accordance with section 44901(g) of 

23 title 49, United States Code, including participation by 

24 shippers with robust and mature internal security pro25 grams. 


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1 SEC. 233. FULL AND OPEN COMPETITION IN SECURITY 

2 BACKGROUND SCREENING SERVICE. 

3 Not later than 9 months after the date of enactment 

4 of this section, the Secretary shall publish in the Federal 

5 Register a notice that the selection process for security back6 ground screening services for persons requiring background 

7 screening in the aviation industry is subject to full and 

8 open competition. The notice shall include— 

9 (1) a statement that airports and other affected 

10 entities are not required to use a single service pro11 vider of background screening services and may use 

12 the services of other providers approved by the Assist13 ant Secretary; 

14 (2) requirements for disposal of personally iden15 tifiable information by the approved provider by a 

16 date certain; and 

17 (3) information on all technical specifications 

18 and other criteria required by the Assistant Secretary 

19 to approve a background screening service provider. 

20 SEC. 234. REGISTERED TRAVELER. 

21 (a) ASSESSMENTS AND BACKGROUND CHECKS.— 

22 (1) IN GENERAL.—Subject to paragraph (2) and 

23 not later than 120 days after the date of enactment 

24 of this Act, to enhance aviation security through risk 

25 management at airport checkpoints through use of the 

26 Registered Traveler program, established pursuant to 


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1 section 109(a)(3) of the Aviation Transportation Se2 curity Act (115 Stat. 597), the Assistant Secretary 

3 shall— 

4 (A) reinstate an initial and continuous se5 curity threat assessment program as part of the 

6 Registered Traveler enrollment process; and 

7 (B) allow Registered Traveler providers to 

8 perform private sector background checks as part 

9 of their enrollment process with assurance that 

10 the program shall be undertaken in a manner 

11 consistent with constitutional privacy and civil 

12 liberties protections and be subject to approval 

13 and oversight by the Assistant Secretary. 

14 (2) REQUIREMENTS.—The Assistant Secretary 

15 shall not reinstate the threat assessment component of 

16 the Registered Traveler program or allow certain 

17 background checks unless the Assistant Secretary— 

18 (A) determines that the Registered Traveler 

19 program, in accordance with this subsection, is 

20 integrated into risk-based aviation security oper21 ations; and 

22 (B) expedites checkpoint screening, as ap23 propriate, for Registered Traveler members who 

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1 ment and the private sector background check 

2 under this subsection. 

3 (b) NOTIFICATION.— 

4 (1) CONTENTS.—Not later than 180 days after 

5 the date of enactment of this Act, if the Assistant Sec6 retary determines that the Registered Traveler pro7 gram can be integrated into risk-based aviation secu8 rity operations under subsection (a), the Assistant 

9 Secretary shall report to the Committee on Homeland 

10 Security of the House of Representatives and the 

11 Committee on Commerce, Science, and Transpor12 tation of the Senate regarding— 

13 (A) the level of risk reduction provided by 

14 carrying out section (a); and 

15 (B) how the Registered Traveler program 

16 has been integrated into risk-based aviation secu17 rity operations. 

18 (2) CHANGES TO PROTOCOL.—The Assistant Sec19 retary shall also set forth what changes to the pro20 gram, including screening protocols, have been imple21 mented to realize the full potential of the Registered 

22 Traveler program. 

23 (c) RULE OF CONSTRUCTION.—Nothing in this section 

24 shall be construed to authorize any nongovernmental entity 


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1 to perform vetting against the terrorist screening database 

2 maintained by the Administration. 

3 SEC. 235. REPORT ON CABIN CREW COMMUNICATION. 

4 Not later than one year after the date of enactment 

5 of this Act, the Assistant Secretary, in consultation with 

6 the Advisory Committee established under section 44946 of 

7 title 49, United States Code, shall prepare a report that 

8 assesses technologies and includes standards for the use of 

9 wireless devices to enhance transportation security on air10 craft for the purpose of ensuring communication between 

11 and among cabin crew and pilot crewmembers, embarked 

12 Federal air marshals, and authorized law enforcement offi13 cials, as appropriate. 

14 SEC. 236. AIR CARGO CREW TRAINING. 

15 The Assistant Secretary, in consultation with the Ad16 visory Committee established under section 44946 of title 

17 49, United States Code, shall develop a plan for security 

18 training for the all-cargo aviation threats for pilots and, 

19 as appropriate, other crewmembers operating in all-cargo 

20 transportation. 

21 SEC. 237. REIMBURSEMENT FOR AIRPORTS THAT HAVE IN22 CURRED ELIGIBLE COSTS. 

23 Section 1604(b)(2) of the Implementing Recommenda24 tions of the 9/11 Commission Act of 2007 (121 Stat. 481) 

25 is amended to read as follows: 


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1 ‘‘(2) AIRPORTS THAT HAVE INCURRED ELIGIBLE

2 COSTS.— 

3 ‘‘(A) IN GENERAL.—Not later than 60 days 

4 after the date of enactment of the Transportation 

5 Security Administration Authorization Act, the 

6 Assistant Secretary of Homeland Security 

7 (Transportation Security Administration) shall 

8 establish a process for resolving reimbursement 

9 claims for airports that have incurred, before the 

10 date of enactment of this Act, eligible costs asso11 ciated with development of partial or completed 

12 in-line baggage systems. 

13 ‘‘(B) PROCESS FOR RECEIVING REIMBURSE14 MENT.—The process shall allow an airport— 

15 ‘‘(i) to submit a claim to the Assistant 

16 Secretary for reimbursement for eligible 

17 costs described in subparagraph (A); and 

18 ‘‘(ii) not later than 180 days after date 

19 on which the airport submits the claim, to 

20 receive a determination on the claim and, if 

21 the determination is positive, to be reim22 bursed. 

23 ‘‘(C) REPORT.—Not later than 60 days 

24 after the date on which the Assistant Secretary 

25 establishes the process under subparagraph (B), 


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1 the Assistant Secretary shall submit to the Com2 mittee on Homeland Security of the House of 

3 Representatives a report containing a descrip4 tion of the process, including a schedule for the 

5 timely reimbursement of airports for which a 

6 positive determination has been made.’’. 

7 SEC. 238. REPORT ON WHOLE BODY IMAGING TECHNOLOGY. 

8 Upon completion of the ongoing whole body imaging 

9 technology pilot, the Assistant Secretary shall submit a re10 port to the Committee on Homeland Security of the House 

11 of Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate on the results 

13 of the pilot, including how privacy protections were inte14 grated. 

15 SEC. 239. PROTECTIVE EQUIPMENT. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of enactment of the Transportation Security Adminis18 tration Authorization Act, the Secretary of Homeland Secu19 rity shall develop protocols for the use of protective equip20 ment for personnel of the Transportation Security Adminis21 tration and for other purposes. 

22 (b) DEFINITION.—In this section the term ‘‘protective 

23 equipment’’ includes surgical masks and N95 masks. 


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1 TITLE III—SURFACE 

2 TRANSPORTATION SECURITY 

3 SEC. 301. ASSISTANT SECRETARY DEFINED. 

4 Section 1301 of the Implementing Recommendations 

5 of the 9/11 Commission Act of 2007 (6 U.S.C. 1111) is 

6 amended— 

7 (1) by redesignating paragraphs (2) through (6) 

8 as paragraphs (3) through (7), respectively; and 

9 (2) by inserting after paragraph (1) the fol10 lowing: 

11 ‘‘(2) ASSISTANT SECRETARY.—The term ‘Assist12 ant Secretary’ means the Assistant Secretary of 

13 Homeland Security (Transportation Security Admin14 istration).’’. 

15 SEC. 302. SURFACE TRANSPORTATION SECURITY INSPEC16 TION PROGRAM. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) Surface transportation security inspectors 

19 assist passenger rail stakeholders in identifying secu20 rity gaps through Baseline Assessment for Security 

21 Enhancement (‘‘BASE’’) reviews, monitor freight rail 

22 stakeholder efforts to reduce the risk that toxic inhala23 tion hazard shipments pose to high threat urban 

24 areas through Security Action Item (‘‘SAI’’) reviews, 

25 and assist in strengthening chain of custody security. 


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1 (2) Surface transportation security inspectors 

2 play a critical role in building and maintaining 

3 working relationships with transit agencies and act4 ing as liaisons between such agencies and the Trans5 portation Security Operations Center, relationships 

6 which are vital to effective implementation of the sur7 face transportation security mission. 

8 (3) In December 2006, the Transportation Secu9 rity Administration shifted from a system in which 

10 surface transportation security inspectors reported to 

11 surface-focused supervisors to a system in which in12 spectors report to aviation-focused supervisors in the 

13 field; a shift which has resulted in a strained chain 

14 of command, misappropriation of inspectors to non15 surface activities, the hiring of senior-level inspectors 

16 with no surface qualifications, and significant dam17 age to relationships with transit agencies and inspec18 tor morale. 

19 (b) SURFACE TRANSPORTATION SECURITY INSPECTION

20 OFFICE.—Section 1304 of the Implementing Recommenda21 tions of the 9/11 Commission Act of 2007 (6 U.S.C. 1113) 

22 is amended— 

23 (1) by redesignating subsections (c) through (j) 

24 as subsections (b) through (i), respectively; and 


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1 (2) by striking subsections (a) and (b) and in2 serting the following: 

3 ‘‘(a) SURFACE TRANSPORTATION SECURITY INSPEC4 TION OFFICE.— 

5 ‘‘(1) ESTABLISHMENT.—The Secretary, acting 

6 through the Assistant Secretary, shall establish an of7 fice to be known as the Surface Transportation Secu8 rity Inspection Office (in this section referred to as 

9 the ‘Office’). 

10 ‘‘(2) MISSION.—The Secretary shall use the Of11 fice to train, employ, and utilize surface transpor12 tation security inspectors to— 

13 ‘‘(A) assist surface transportation carriers, 

14 operators, owners, entities, and facilities to en15 hance their security against terrorist attacks and 

16 other security threats; and 

17 ‘‘(B) assist the Secretary in enforcing appli18 cable surface transportation security regulations 

19 and directives. 

20 ‘‘(3) OFFICERS.— 

21 ‘‘(A) DIRECTOR.—The head of the Office 

22 shall be the Director, who shall— 

23 ‘‘(i) oversee and coordinate the activi24 ties of the Office, including all officers and 

25 any corresponding surface transportation 


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1 modes in which the Office carries out such 

2 activities, and the surface transportation se3 curity inspectors who assist in such activi4 ties; and 

5 ‘‘(ii) act as the primary point of con6 tact between the Office and other entities 

7 that support the Department’s surface 

8 transportation security mission to ensure ef9 ficient and appropriate use of surface trans10 portation security inspectors and maintain 

11 strong working relationships with surface 

12 transportation security stakeholders. 

13 ‘‘(B) DEPUTY DIRECTOR.—There shall be a 

14 Deputy Director of the Office, who shall— 

15 ‘‘(i) assist the Director in carrying out 

16 the responsibilities of the Director under 

17 this subsection; and 

18 ‘‘(ii) serve as acting Director in the ab19 sence of the Director and during any va20 cancy in the office of Director. 

21 ‘‘(4) APPOINTMENT.— 

22 ‘‘(A) IN GENERAL.—The Director and Dep23 uty Director shall be responsible on a full-time 

24 basis for the duties and responsibilities described 

25 in this subsection. 


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1 ‘‘(B) CLASSIFICATION.—The position of Di2 rector shall be considered a position in the Sen3 ior Executive Service as defined in section 2101a 

4 of title 5, United States Code, and the position 

5 of Deputy Director shall be considered a position 

6 classified at grade GS–15 of the General Sched7 ule. 

8 ‘‘(5) LIMITATION.—No person shall serve as an 

9 officer under subsection (a)(3) while serving in any 

10 other position in the Federal Government. 

11 ‘‘(6) FIELD OFFICES.— 

12 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

13 establish primary and secondary field offices in 

14 the United States to be staffed by surface trans15 portation security inspectors in the course of car16 rying out their duties under this section. 

17 ‘‘(B) DESIGNATION.—The locations for, and 

18 designation as ‘primary’ or ‘secondary’ of, such 

19 field offices shall be determined in a manner that 

20 is consistent with the Department’s risk-based 

21 approach to carrying out its homeland security 

22 mission. 

23 ‘‘(C) COMMAND STRUCTURE.— 

24 ‘‘(i) PRIMARY FIELD OFFICES.—Each 

25 primary field office shall be led by a chief 


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1 surface transportation security inspector, 

2 who has significant experience with surface 

3 transportation systems, facilities, and oper4 ations and shall report directly to the Di5 rector. 

6 ‘‘(ii) SECONDARY FIELD OFFICES.— 

7 Each secondary field office shall be led by a 

8 senior surface transportation security in9 spector, who shall report directly to the chief 

10 surface transportation security inspector of 

11 a geographically appropriate primary field 

12 office, as determined by the Director. 

13 ‘‘(D) PERSONNEL.—Not later than 18 

14 months after the date of enactment of the Trans15 portation Security Administration Authorization 

16 Act, field offices shall be staffed with— 

17 ‘‘(i) not fewer than 7 surface transpor18 tation security inspectors, including one 

19 chief surface transportation security inspec20 tor, at every primary field office; and 

21 ‘‘(ii) not fewer than 5 surface trans22 portation security inspectors, including one 

23 senior surface transportation security in24 spector, at every secondary field office.’’. 


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1 (c) NUMBER OF INSPECTORS.—Section 1304(e) of such 

2 Act (6 U.S.C. 1113(e)), as redesignated by subsection (b) 

3 of this section, is amended to read as follows: 

4 ‘‘(e) NUMBER OF INSPECTORS.—Subject to the avail5 ability of appropriations, the Secretary shall hire not fewer 

6 than— 

7 ‘‘(1) 200 additional surface transportation secu8 rity inspectors in fiscal year 2010; and 

9 ‘‘(2) 100 additional surface transportation secu10 rity inspectors in fiscal year 2011.’’. 

11 (d) COORDINATION.—Section 1304(f) of such Act (6 

12 U.S.C. 1113(f)), as redesignated by subsection (b) of this 

13 section, is amended by striking ‘‘114(t)’’ and inserting 

14 ‘‘114(s)’’. 

15 (e) REPORT.—Section 1304(h) of such Act (6 U.S.C. 

16 1113(h)), as redesignated by subsection (b) of this section, 

17 is amended by striking ‘‘2008’’ and inserting ‘‘2011’’. 

18 (f) PLAN.—Section 1304(i) of such Act (6 U.S.C. 

19 1113(i)), as redesignated by subsection (b) of this section, 

20 is amended to read as follows: 

21 ‘‘(i) PLAN.— 

22 ‘‘(1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of the Transportation Se24 curity Administration Authorization Act, the Sec25 retary shall submit to the Committee on Homeland 


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1 Security of the House of Representatives and the 

2 Committee on Homeland Security and Governmental 

3 Affairs of the Senate a plan for expanding the duties 

4 and leveraging the expertise of surface transportation 

5 security inspectors to further support the Depart6 ment’s surface transportation security mission. 

7 ‘‘(2) CONTENTS.—The plan shall include— 

8 ‘‘(A) an analysis of how surface transpor9 tation security inspectors could be used to con10 duct oversight activities with respect to surface 

11 transportation security projects funded by rel12 evant grant programs administered by the De13 partment; 

14 ‘‘(B) an evaluation of whether authorizing 

15 surface transportation security inspectors to ob16 tain or possess law enforcement qualifications or 

17 status would enhance the capacity of the Office 

18 to take an active role in the Department’s sur19 face transportation security operations; and 

20 ‘‘(C) any other potential functions relating 

21 to surface transportation security the Secretary 

22 determines appropriate.’’. 

23 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 1304 of such Act (6 U.S.C. 1113) is amended by adding 

25 at the end the following: 


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1 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—From 

2 amounts made available under section 101 of the Transpor3 tation Security Administration Authorization Act, there 

4 are authorized to be appropriated such sums as may be nec5 essary to the Secretary to carry out this section for fiscal 

6 years 2010 and 2011.’’. 

7 (h) CONFORMING AMENDMENT.—Section 1304(b) of 

8 such Act (6 U.S.C. 1113(b)), as redesignated by subsection 

9 (b) of this section, is amended by striking ‘‘subsection (e)’’ 

10 and inserting ‘‘subsection (d)’’. 

11 SEC. 303. VISIBLE INTERMODAL PREVENTION AND RE12 SPONSE TEAMS. 

13 Section 1303 of the Implementing Recommendations 

14 of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is 

15 amended— 

16 (1) in subsection (a) by striking ‘‘Administrator 

17 of the Transportation Security Administration,’’ and 

18 inserting ‘‘Assistant Secretary,’’; 

19 (2) in subsection (a)(4) by striking ‘‘team,’’ and 

20 inserting ‘‘team as to specific locations and times 

21 within their facilities at which VIPR teams should be 

22 deployed to maximize the effectiveness of such deploy23 ment and other matters,’’; and 

24 (3) by striking subsection (b) and inserting the 

25 following: 


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1 ‘‘(b) PERFORMANCE MEASURES.—Not later than one 

2 year after the date of enactment of the Transportation Secu3 rity Administration Authorization Act, the Secretary shall 

4 develop and implement a system of qualitative performance 

5 measures and objectives by which to assess the roles, activi6 ties, and effectiveness of VIPR team operations on an ongo7 ing basis, including a mechanism through which the trans8 portation entities listed in subsection (a)(4) may submit 

9 feedback on VIPR team operations involving their systems 

10 or facilities. 

11 ‘‘(c) PLAN.—Not later than one year after the date of 

12 enactment of the Transportation Security Administration 

13 Authorization Act, the Secretary shall develop and imple14 ment a plan for ensuring the interoperability of commu15 nications among all participating VIPR team components 

16 as designated under subsection (a)(1) and between VIPR 

17 teams and any relevant transportation entities as des18 ignated in subsection (a)(4) whose systems or facilities are 

19 involved in VIPR team operations, including an analysis 

20 of the costs and resources required to carry out the plan. 

21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—From 

22 amounts made available under section 101 of the Transpor23 tation Security Administration Authorization Act, there 

24 are authorized to be appropriated to the Secretary to carry 


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1 out this section such sums as may be necessary for fiscal 

2 years 2010 and 2011.’’. 

3 SEC. 304. SURFACE TRANSPORTATION SECURITY STAKE4 HOLDER PARTICIPATION. 

5 (a) IN GENERAL.—Title XIII of the Implementing 

6 Recommendations of the 9/11 Commission Act of 2007 (6 

7 U.S.C. 1111 et seq.) is amended by adding at the end the 

8 following: 

9 ‘‘SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE. 

10 ‘‘(a) ESTABLISHMENT.— 

11 ‘‘(1) IN GENERAL.—The Assistant Secretary 

12 shall establish in the Transportation Security Admin13 istration an advisory committee, to be known as the 

14 Transit Security Advisory Committee (in this section 

15 referred to as the ‘Advisory Committee’), to assist the 

16 Assistant Secretary with issues pertaining to surface 

17 transportation security. 

18 ‘‘(2) RECOMMENDATIONS.— 

19 ‘‘(A) IN GENERAL.—The Assistant Secretary 

20 shall require the Advisory Committee to develop 

21 recommendations for improvements to surface 

22 transportation security planning, methods, 

23 equipment, and processes. 

24 ‘‘(B) PRIORITY ISSUES.—Not later than one 

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1 tation Security Administration Authorization 

2 Act, the Advisory Committee shall submit to the 

3 Assistant Secretary recommendations on— 

4 ‘‘(i) improving homeland security in5 formation sharing between components of 

6 the Department of Homeland Security and 

7 surface transportation security stakeholders, 

8 including those represented on the Advisory 

9 Committee; and 

10 ‘‘(ii) streamlining or consolidating re11 dundant security background checks re12 quired by the Department under relevant 

13 statutes governing surface transportation se14 curity, as well as redundant security back15 ground checks required by States where 

16 there is no legitimate homeland security 

17 basis for requiring such checks. 

18 ‘‘(3) MEETINGS.—The Assistant Secretary shall 

19 require the Advisory Committee to meet at least semi20 annually and may convene additional meetings as 

21 necessary. 

22 ‘‘(4) UNPAID POSITION.—Advisory Committee 

23 Members shall serve at their own expense and receive 

24 no salary, reimbursement for travel expenses, or other 

25 compensation from the Federal Government. 


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1 ‘‘(b) MEMBERSHIP.— 

2 ‘‘(1) IN GENERAL.—The Assistant Secretary 

3 shall ensure that the Advisory Committee is composed 

4 of not more than one individual representing not 

5 more than 27 member organizations, including rep6 resentatives from public transportation agencies, pas7 senger rail agencies or operators, railroad carriers, 

8 motor carriers, owners or operators of highways, over9 the-road bus operators and terminal owners and oper10 ators, pipeline operators, labor organizations rep11 resenting employees of such entities, and the surface 

12 transportation security technology industry. 

13 ‘‘(2) APPOINTMENTS.—Members shall be ap14 pointed by the Assistant Secretary and the Assistant 

15 Secretary shall have the discretion to review the par16 ticipation of any Advisory Committee member and 

17 remove for cause at any time. 

18 ‘‘(c) NONAPPLICABILITY OF FACA.—The Federal Ad19 visory Committee Act (5 U.S.C. App.) shall not apply to 

20 the Advisory Committee under this section. 

21 ‘‘(d) PASSENGER CARRIER SECURITY WORKING

22 GROUP.— 

23 ‘‘(1) IN GENERAL.—The Assistant Secretary 

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1 ommendations for successful implementation of ini2 tiatives relating to passenger rail, over-the-road bus, 

3 and public transportation security proposed by the 

4 Transportation Security Administration in accord5 ance with statutory requirements, including relevant 

6 grant programs and security training provisions. 

7 ‘‘(2) MEETINGS.—The working group shall meet 

8 at least semiannually and provide annual reports to 

9 the Assistant Secretary with recommendations to im10 prove the Transportation Security Administration’s 

11 initiatives relating to passenger rail, over-the-road 

12 bus, and public transportation security, including 

13 grant, training, inspection, or other relevant pro14 grams authorized in titles XIII and XIV, and subtitle 

15 C of title XV of this Act. 

16 ‘‘(3) MEMBERSHIP.—The working group shall be 

17 composed of members from the Advisory Committee 

18 with expertise in public transportation, over-the-road 

19 bus, or passenger rail systems and operations, all ap20 pointed by the Assistant Secretary. 

21 ‘‘(4) REPORTS.— 

22 ‘‘(A) IN GENERAL.—The working group 

23 shall prepare and submit reports to the Assistant 

24 Secretary in accordance with this paragraph 


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1 that provide recommendations as described in 

2 paragraphs (1) and (2). 

3 ‘‘(B) SUBMISSION.—Not later than one year 

4 after the date of enactment of the Transportation 

5 Security Administration Authorization Act, and 

6 on an annual basis thereafter, the working group 

7 shall submit a report on the findings and rec8 ommendations developed under subparagraph 

9 (A) to the Assistant Secretary. 

10 ‘‘(e) FREIGHT RAIL SECURITY WORKING GROUP.— 

11 ‘‘(1) IN GENERAL.—The Assistant Secretary 

12 shall establish within the Advisory Committee a 

13 freight rail security working group to provide rec14 ommendations for successful implementation of ini15 tiatives relating to freight rail security proposed by 

16 the Transportation Security Administration in ac17 cordance with statutory requirements, including rel18 evant grant programs and security training provi19 sions. 

20 ‘‘(2) MEETINGS.—The working group shall meet 

21 at least semiannually and provide annual reports to 

22 the Assistant Secretary with recommendations to im23 prove the Transportation Security Administration’s 

24 initiatives relating to freight rail security, including 


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1 grant, training, inspection, or other relevant pro2 grams authorized in titles XIII and XV of this Act. 

3 ‘‘(3) MEMBERSHIP.—The working group shall be 

4 composed of members from the Advisory Committee 

5 with expertise in freight rail systems and operations, 

6 all appointed by the Assistant Secretary. 

7 ‘‘(4) REPORTS.— 

8 ‘‘(A) IN GENERAL.—The working group 

9 shall prepare and submit reports to the Assistant 

10 Secretary in accordance with this paragraph 

11 that provide recommendations as described in 

12 paragraphs (1) and (2). 

13 ‘‘(B) SUBMISSION.—Not later than one year 

14 after the date of enactment of the Transportation 

15 Security Administration Authorization Act, and 

16 on an annual basis thereafter, the working group 

17 shall submit a report on the findings and rec18 ommendations developed under subparagraph 

19 (A) to the Assistant Secretary.’’. 

20 (b) CONFORMING AMENDMENT.—Section 1(b) of the 

21 Implementing Recommendations of the 9/11 Commission 

22 Act of 2007 (Public Law 110–53) is amended by adding 

23 at the end of title XIII (Transportation Security Enchant24 ments) the following: 

‘‘Sec. 1311. Transit Security Advisory Committee.’’. 


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1 SEC. 305. HUMAN CAPITAL PLAN FOR SURFACE TRANSPOR2 TATION SECURITY PERSONNEL. 

3 (a) IN GENERAL.—Not later than one year after the 

4 date of enactment of this Act, the Assistant Secretary shall 

5 submit to the Committee on Homeland Security of the 

6 House of Representatives and the Committee on Homeland 

7 Security and Governmental Affairs of the Senate a human 

8 capital plan for hiring, training, managing, and compen9 sating surface transportation security personnel, including 

10 surface transportation security inspectors. 

11 (b) CONSULTATION.—In developing the human capital 

12 plan, the Assistant Secretary shall consult with the chief 

13 human capital officer of the Department of Homeland Secu14 rity, the Director of the Surface Transportation Security 

15 Inspection Office, the Inspector General of the Department 

16 of Homeland Security, and the Comptroller General. 

17 (c) APPROVAL.—Prior to submission, the human cap18 ital plan shall be reviewed and approved by the chief 

19 human capital officer of the Department of Homeland Secu20 rity. 

21 SEC. 306. SURFACE TRANSPORTATION SECURITY TRAINING. 

22 (a) STATUS REPORT.—Not later than 30 days after 

23 the date of enactment of this Act, the Secretary shall submit 

24 a report to the Committee on Homeland Security of the 

25 House of Representatives and the Committee on Homeland 

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1 tus of the Department’s implementation of sections 1408, 

2 1517, and 1534 of the Implementing Recommendations of 

3 the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 

4 1184), including detailed timeframes for development and 

5 issuance of the transportation security training regulations 

6 required under such sections. 

7 (b) PRIVATE PROVIDERS.—Not later than one year 

8 after the date of enactment of this Act, the Assistant Sec9 retary shall identify criteria and establish a process for ap10 proving and maintaining a list of approved private third11 party providers of security training with whom surface 

12 transportation entities may enter into contracts, as needed, 

13 for the purpose of satisfying security training requirements 

14 of the Department of Homeland Security, including re15 quirements developed under sections 1408, 1517, and 1534 

16 of the Implementing Recommendations of the 9/11 Commis17 sion Act of 2007 (6 U.S.C. 1137, 1167, and 1184), in ac18 cordance with section 103 of this Act. 

19 SEC. 307. SECURITY ASSISTANCE IG REPORT. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this Act, the Inspector General of the 

22 Department of Homeland Security shall submit to the Com23 mittee on Homeland Security of the House of Representa24 tives and the Committee on Homeland Security and Gov25 ernmental Affairs of the Senate a report on the roles and 


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1 responsibilities of the Transportation Security Administra2 tion and any other relevant component of the Department 

3 of Homeland Security in administering security assistance 

4 grants under section 1406 of the Implementing Rec5 ommendations of the 9/11 Commission Act of 2007 (6 

6 U.S.C. 1135). 

7 (b) CONTENTS.—The report shall— 

8 (1) clarify and describe the roles and responsibil9 ities of each relevant component of the Department, 

10 including the Transportation Security Administra11 tion, at different stages of the grant process, including 

12 the allocation stage, the award stage, and the dis13 tribution stage; 

14 (2) identify areas in which relevant components 

15 of the Department, including the Transportation Se16 curity Administration, may better integrate or co17 ordinate their activities in order to streamline the 

18 grant administration process and improve the effi19 ciency of the project approval process for grantees; 

20 (3) assess the current state of public transpor21 tation and passenger rail security expertise possessed 

22 by relevant personnel involved in the grant adminis23 tration or project approval processes carried out by 

24 relevant components of the Department, including the 

25 Transportation Security Administration; and 


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1 (4) include recommendations for how each rel2 evant component of the Department, including the 

3 Transportation Security Administration, may further 

4 clarify, coordinate, or maximize its roles and respon5 sibilities in administering grant funds and approving 

6 grant projects under section 1406. 

7 SEC. 308. INTERNATIONAL LESSONS LEARNED FOR SECUR8 ING PASSENGER RAIL AND PUBLIC TRANS9 PORTATION SYSTEMS. 

10 (a) FINDINGS.—Congress finds that— 

11 (1) numerous terrorist attacks since September 

12 11, 2001, have targeted passenger rail or public 

13 transportation systems; 

14 (2) nearly 200 people were killed and almost 

15 2,000 more were injured when terrorists set off 10 si16 multaneous explosions on 4 commuter trains in Ma17 drid, Spain, on March 11, 2004; 

18 (3) 50 people were killed and more than 700 in19 jured in successive bombings of 3 transit stations and 

20 a public bus in London, England, on July 7, 2005, 

21 and a second attack against 4 similar targets on July 

22 21, 2005, failed because of faulty detonators; 

23 (4) more than 200 people were killed and more 

24 than 700 injured in simultaneous terrorist bombings 


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1 of commuter trains on the Western Line in the sub2 urbs of Mamba, India, on July 11, 2006; 

3 (5) the acts of terrorism in Mamba, India, on 

4 November 26, 2008, included commando-style attacks 

5 on a major railway station; and 

6 (6) a disproportionately low amount of attention 

7 and resources have been devoted to surface transpor8 tation security by the Department of Homeland Secu9 rity, including the security of passenger rail and pub10 lic transportation systems, as compared with aviation 

11 security, which has been the primary focus of Federal 

12 transportation security efforts generally, and of the 

13 Transportation Security Administration in par14 ticular. 

15 (b) STUDY.—The Comptroller General shall conduct a 

16 study on the efforts undertaken by the Secretary and Assist17 ant Secretary, as well as other entities determined by the 

18 Comptroller General to have made significant efforts, since 

19 January 1, 2004, to learn from foreign nations that have 

20 been targets of terrorist attacks on passenger rail and public 

21 transportation systems in an effort to identify lessons 

22 learned from the experience of such nations to improve the 

23 execution of Department functions to address transpor24 tation security gaps in the United States. 

25 (c) REPORT.— 


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1 (1) IN GENERAL.—Not later than one year after 

2 the date of enactment of this Act, the Comptroller 

3 General shall submit to the Committee on Homeland 

4 Security of the House of Representatives and the 

5 Committee on Homeland Security and Governmental 

6 Affairs of the Senate a report on the results of the 

7 study. The report shall also include an analysis of 

8 relevant legal differences that may affect the ability of 

9 the Department to apply lessons learned. 

10 (2) RECOMMENDATIONS.—The Comptroller Gen11 eral shall include in the report recommendations on 

12 how the Department and its components, including 

13 the Transportation Security Administration, can ex14 pand efforts to learn from the expertise and the secu15 rity practices of passenger rail and public transpor16 tation systems in foreign nations that have experi17 enced terrorist attacks on such systems. 

18 SEC. 309. UNDERWATER TUNNEL SECURITY DEMONSTRA19 TION PROJECT. 

20 (a) DEMONSTRATION PROJECT.—The Assistant Sec21 retary, in consultation with the Under Secretary for 

22 Science and Technology, shall conduct a full-scale dem23 onstration project to test and assess the feasibility and effec24 tiveness of certain technologies to enhance the security of 


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1 underwater public transportation tunnels against terrorist 

2 attacks involving the use of improvised explosive devices. 

3 (b) INFLATABLE PLUGS.— 

4 (1) IN GENERAL.—At least one of the technologies 

5 tested under subsection (a) shall be inflatable plugs 

6 that may be rapidly deployed to prevent flooding of 

7 a tunnel. 

8 (2) FIRST TECHNOLOGY TESTED.—Not later than 

9 180 days after the date of enactment of this Act, the 

10 Assistant Secretary shall carry out a demonstration 

11 project that tests the effectiveness of using inflatable 

12 plugs for the purpose described in paragraph (1). 

13 (c) REPORT TO CONGRESS.—Not later than 180 days 

14 after completion of the demonstration project under this sec15 tion, the Assistant Secretary shall submit a report to the 

16 appropriate committees of Congress, including the Com17 mittee on Homeland Security of the House of Representa18 tives, on the results of the demonstration project. 

19 (d) AUTHORIZATION OF APPROPRIATION.—Of the 

20 amounts made available under section 101 for fiscal year 

21 2010, $8,000,000 shall be available to carry out this section. 

22 SEC. 310. PASSENGER RAIL SECURITY DEMONSTRATION 

23 PROJECT. 

24 (a) DEMONSTRATION PROJECT.—The Assistant Sec25 retary, in consultation with the Under Secretary for 


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1 Science and Technology, shall conduct a demonstration 

2 project in a passenger rail system to test and assess the 

3 feasibility and effectiveness of technologies to strengthen the 

4 security of passenger rail systems against terrorist attacks 

5 involving the use of improvised explosive devices. 

6 (b) SECURITY TECHNOLOGIES.—The demonstration 

7 project under this section shall test and assess technologies 

8 to— 

9 (1) detect improvised explosive devices on station 

10 platforms, through the use of foreign object detection 

11 programs in conjunction with cameras; and 

12 (2) defeat improvised explosive devices left on 

13 rail tracks. 

14 (c) REPORT TO CONGRESS.—Not later than 180 days 

15 after completion of the demonstration project under this sec16 tion, the Assistant Secretary shall submit a report to the 

17 appropriate committees of Congress, including the Com18 mittee on Homeland Security of the House of Representa19 tives, on the results of the demonstration project. 

20 SEC. 311. EXPLOSIVES DETECTION CANINE TEAMS. 

21 Section 1307 of the Implementing Recommendations 

22 of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is 

23 amended— 

24 (1) in subsection (b)— 


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1 (A) in paragraph (1)(A), by striking 

2 ‘‘2010’’ and inserting ‘‘2011’’; and 

3 (B) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) ALLOCATION.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall in7 crease the number of canine teams certified by 

8 the Transportation Security Administration for 

9 the purpose of passenger rail and public trans10 portation security activities to not less than 200 

11 canine teams by the end of fiscal year 2011. 

12 ‘‘(B) COOPERATIVE AGREEMENTS.—The 

13 Secretary shall expand the use of canine teams 

14 to enhance passenger rail and public transpor15 tation security by entering into cooperative 

16 agreements with passenger rail and public trans17 portation agencies eligible for security assistance 

18 under section 1406 of this Act for the purpose of 

19 deploying and maintaining canine teams to such 

20 agencies for use in passenger rail or public 

21 transportation security activities and providing 

22 for assistance in an amount not less than 

23 $75,000 for each canine team deployed, to be ad24 justed by the Secretary for inflation. 


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1 ‘‘(C) AUTHORIZATION OF APPROPRIA2 TIONS.—From amounts made available under 

3 section 101 of the Transportation Security Ad4 ministration Authorization Act, there are au5 thorized to be appropriated to the Secretary such 

6 sums as may be necessary to carry out this para7 graph for fiscal years 2010 and 2011.’’; 

8 (2) in subsection (d)— 

9 (A) in paragraph (3), by striking ‘‘and’’; 

10 (B) in paragraph (4), by striking the period 

11 at the end and inserting the following: ‘‘; and’’; 

12 and 

13 (C) by adding at the end the following new 

14 paragraph: 

15 ‘‘(5) expand the use of canine teams trained to 

16 detect vapor wave trails in passenger rail and public 

17 transportation security environments, as the Sec18 retary, in consultation with the Assistant Secretary, 

19 determines appropriate.’’; 

20 (3) in subsection (e), by striking ‘‘, if appro21 priate,’’ and inserting ‘‘, to the extent practicable,’’; 

22 and 

23 (4) by striking subsection (f) and inserting the 

24 following new subsection (f): 


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1 ‘‘(f) REPORT.—Not later than one year after the date 

2 of the enactment of the Transportation Security Adminis3 tration Authorization Act, the Comptroller General shall 

4 submit to the appropriate congressional committees a report 

5 on— 

6 ‘‘(1) utilization of explosives detection canine 

7 teams to strengthen security in passenger rail and 

8 public transportation environments; 

9 ‘‘(2) the capacity of the national explosive detec10 tion canine team program as a whole; and 

11 ‘‘(3) how the Assistant Secretary could better 

12 support State and local passenger rail and public 

13 transportation entities in maintaining certified ca14 nine teams for the life of the canine, including by 

15 providing financial assistance.’’. 

16 TITLE IV—TRANSPORTATION 

17 SECURITY CREDENTIALING 

18 Subtitle A—Security Credentialing 

19 SEC. 401. REPORT AND RECOMMENDATION FOR UNIFORM 

20 SECURITY BACKGROUND CHECKS. 

21 Not later than one year after the date of enactment 

22 of this Act, the Comptroller General shall submit to the 

23 Committee on Homeland Security of the House of Rep24 resentatives a report that contains— 


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1 (1) a review of background checks and forms of 

2 identification required under State and local trans3 portation security programs; 

4 (2) a determination as to whether the back5 ground checks and forms of identification required 

6 under such programs duplicate or conflict with Fed7 eral programs; and 

8 (3) recommendations on limiting the number of 

9 background checks and forms of identification re10 quired under such programs to reduce or eliminate 

11 duplication with Federal programs. 

12 SEC. 402. ANIMAL-PROPELLED VESSELS. 

13 Notwithstanding section 70105 of title 46, United 

14 States Code, the Secretary shall not require an individual 

15 to hold a transportation security card, or be accompanied 

16 by another individual who holds such a card if— 

17 (1) the individual has been issued a license, cer18 tificate of registry, or merchant mariner’s document 

19 under part E of subtitle II of title 46, United States 

20 Code; 

21 (2) the individual is not allowed unescorted ac22 cess to a secure area designated in a vessel or facility 

23 security plan approved by the Secretary; and 

24 (3) the individual is engaged in the operation of 

25 a live animal-propelled vessel. 


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1 SEC. 403. REQUIREMENTS FOR ISSUANCE OF TRANSPOR2 TATION SECURITY CARDS; ACCESS PENDING 

3 ISSUANCE. 

4 Section 70105 of title 46, United States Code, is 

5 amended by adding at the end the following new sub6 sections: 

7 ‘‘(n) ESCORTING.—The Secretary shall coordinate 

8 with owners and operators subject to this section to allow 

9 any individual who has a pending application for a trans10 portation security card under this section or is waiting for 

11 reissuance of such card, including any individual whose 

12 card has been lost or stolen, and who needs to perform work 

13 in a secure or restricted area to have access to such area 

14 for that purpose through escorting of such individual in ac15 cordance with subsection (a)(1)(B) by another individual 

16 who holds a transportation security card. 

17 ‘‘(o) PROCESSING TIME.—The Secretary shall review 

18 an initial transportation security card application and re19 spond to the applicant, as appropriate, including the mail20 ing of an Initial Determination of Threat Assessment letter, 

21 within 30 days after receipt of the initial application. The 

22 Secretary shall, to the greatest extent practicable, review ap23 peal and waiver requests submitted by a transportation se24 curity card applicant, and send a written decision or re25 quest for additional information required for the appeal or 

26 waiver determination, within 30 days after receipt of the 


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1 applicant’s appeal or waiver written request. For an appli2 cant that is required to submit additional information for 

3 an appeal or waiver determination, the Secretary shall send 

4 a written decision, to the greatest extent practicable, within 

5 30 days after receipt of all requested information. 

6 ‘‘(p) RECEIPT OF CARDS.—Within 180 days after the 

7 date of enactment of the Transportation Security Adminis8 tration Authorization Act, the Secretary shall develop a 

9 process to permit an individual approved for a transpor10 tation security card under this section to receive the card 

11 at the individual’s place of residence. 

12 ‘‘(q) FINGERPRINTING.—The Secretary shall establish 

13 procedures providing for an individual who is required to 

14 be fingerprinted for purposes of this section to be 

15 fingerprinted at facilities operated by or under contract 

16 with an agency of the Department of the Secretary that en17 gages in fingerprinting the public for transportation secu18 rity or other security purposes.’’. 

19 SEC. 404. HARMONIZING SECURITY CARD EXPIRATIONS. 

20 Section 70105(b) of title 46, United States Code, is 

21 amended by adding at the end the following new paragraph: 

22 ‘‘(6) The Secretary may extend for up to one year the 

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1 ration of a license, certificate of registry, or merchant mar2 iner document required under chapter 71 or 73.’’. 

3 SEC. 405. SECURING AVIATION FROM EXTREME TERRORIST 

4 THREATS. 

5 Section 44903(j)(2)(C) of title 49, United States Code, 

6 as amended by section 213 of this Act, is further amended 

7 by adding at the end the following: 

8 ‘‘(vi) INCLUSION OF DETAINEES ON NO

9 FLY LIST.—The Assistant Secretary, in co10 ordination with the Terrorist Screening 

11 Center, shall include on the no fly list any 

12 individual who was a detainee housed at 

13 the Naval Station, Guantanamo Bay, Cuba, 

14 on or after January 1, 2009, after a final 

15 disposition has been issued by the President. 

16 For purposes of this clause, the term ‘de17 tainee’ means an individual in the custody 

18 or under the physical control of the United 

19 States as a result of armed conflict.’’. 

20 Subtitle B—SAFE Truckers Act of 

21 2009 

22 SEC. 431. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Screening Applied 

24 Fairly and Equitably to Truckers Act of 2009’’ or the 

25 ‘‘SAFE Truckers Act of 2009’’. 


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1 SEC. 432. SURFACE TRANSPORTATION SECURITY. 

2 (a) IN GENERAL.—The Homeland Security Act of 

3 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

4 end the following: 

5 ‘‘TITLE XXI—SURFACE 

6 TRANSPORTATION SECURITY 

7 ‘‘SEC. 2101. TRANSPORTATION OF SECURITY SENSITIVE MA8 TERIALS. 

9 ‘‘(a) SECURITY SENSITIVE MATERIALS.—Not later 

10 than 120 days after the date of enactment of this section, 

11 the Secretary shall issue final regulations, after notice and 

12 comment, defining security sensitive materials for the pur13 poses of this title. 

14 ‘‘(b) MOTOR VEHICLE OPERATORS.—The Secretary 

15 shall prohibit an individual from operating a motor vehicle 

16 in commerce while transporting a security sensitive mate17 rial unless the individual holds a valid transportation secu18 rity card issued by the Secretary under section 70105 of 

19 title 46, United States Code. 

20 ‘‘(c) SHIPPERS.—The Secretary shall prohibit a per21 son from— 

22 ‘‘(1) offering a security sensitive material for 

23 transportation by motor vehicle in commerce; or 

24 ‘‘(2) causing a security sensitive material to be 

25 transported by motor vehicle in commerce, 


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1 unless the motor vehicle operator transporting the security 

2 sensitive material holds a valid transportation security 

3 card issued by the Secretary under section 70105 of title 

4 46, United States Code. 

5 ‘‘SEC. 2102. ENROLLMENT LOCATIONS. 

6 ‘‘(a) FINGERPRINTING LOCATIONS.—The Secretary 

7 shall— 

8 ‘‘(1) work with appropriate entities to ensure 

9 that fingerprinting locations for individuals applying 

10 for a transportation security card under section 

11 70105 of title 46, United States Code, have flexible 

12 operating hours; and 

13 ‘‘(2) permit an individual applying for such 

14 transportation security card to utilize a 

15 fingerprinting location outside of the individual’s 

16 State of residence to the greatest extent practicable. 

17 ‘‘(b) RECEIPT AND ACTIVATION OF CARDS.—The Sec18 retary shall develop guidelines and procedures to permit an 

19 individual to receive a transportation security card under 

20 section 70105 of title 46, United States Code, at the individ21 ual’s place of residence and to activate the card at any en22 rollment center. 

23 ‘‘(c) NUMBER OF LOCATIONS.—The Secretary shall de24 velop and implement a plan— 


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1 ‘‘(1) to offer individuals applying for a transpor2 tation security card under section 70105 of title 46, 

3 United States Code, the maximum number of 

4 fingerprinting locations practicable across diverse ge5 ographic regions; and 

6 ‘‘(2) to conduct outreach to appropriate stake7 holders, including owners, operators, and relevant en8 tities (and labor organizations representing employees 

9 of such owners, operators, and entities), to keep the 

10 stakeholders informed of the timeframe and locations 

11 for the opening of additional fingerprinting locations. 

12 ‘‘(d) AUTHORIZATION.—There are authorized to be ap13 propriated such sums as may be necessary to carry out this 

14 section. 

15 ‘‘SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE. 

16 ‘‘(a) IN GENERAL.—The Secretary is authorized to en17 sure compliance with this title. 

18 ‘‘(b) MEMORANDUM OF UNDERSTANDING.—The Sec19 retary may enter into a memorandum of understanding 

20 with the Secretary of Transportation to ensure compliance 

21 with section 2101. 

22 ‘‘SEC. 2104. CIVIL PENALTIES. 

23 ‘‘A person that violates this title or a regulation or 

24 order issued under this title is liable to the United States 


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1 Government pursuant to the Secretary’s authority under 

2 section 114(v) of title 49, United States Code. 

3 ‘‘SEC. 2105. COMMERCIAL MOTOR VEHICLE OPERATORS 

4 REGISTERED TO OPERATE IN MEXICO OR 

5 CANADA. 

6 ‘‘The Secretary shall prohibit a commercial motor ve7 hicle operator licensed to operate in Mexico or Canada from 

8 operating a commercial motor vehicle transporting a secu9 rity sensitive material in commerce in the United States 

10 until the operator has been subjected to, and not disqualified 

11 as a result of, a security background records check by a Fed12 eral agency that the Secretary determines is similar to the 

13 security background records check required for commercial 

14 motor vehicle operators in the United States transporting 

15 security sensitive materials in commerce. 

16 ‘‘SEC. 2106. OTHER SECURITY BACKGROUND CHECKS. 

17 ‘‘The Secretary shall determine that an individual ap18 plying for a transportation security card under section 

19 70105 of title 46, United States Code, has met the back20 ground check requirements for such card if the individual 

21 was subjected to, and not disqualified as a result of, a secu22 rity background records check by a Federal agency that the 

23 Secretary determines is equivalent to or more stringent 

24 than the background check requirements for such card. 


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1 ‘‘SEC. 2107. REDUNDANT BACKGROUND CHECKS. 

2 ‘‘(a) IN GENERAL.—After the date of enactment of this 

3 title, the Secretary shall prohibit a State or political sub4 division thereof from requiring a separate security back5 ground check of an individual seeking to transport haz6 ardous materials. 

7 ‘‘(b) WAIVERS.—The Secretary may waive the appli8 cation of subsection (a) with respect to a State or political 

9 subdivision thereof if the State or political subdivision dem10 onstrates a compelling homeland security reason that a sep11 arate security background check is necessary to ensure the 

12 secure transportation of hazardous materials in the State 

13 or political subdivision. 

14 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

15 Nothing in this section shall limit the authority of a State 

16 to ensure that an individual has the requisite knowledge 

17 and skills to safely transport hazardous materials in com18 merce. 

19 ‘‘SEC. 2108. TRANSITION. 

20 ‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR

21 HAZARDOUS MATERIALS ENDORSEMENTS.—The Secretary 

22 shall treat an individual who has obtained a hazardous ma23 terials endorsement in accordance with section 1572 of title 

24 49, Code of Federal Regulations, before the date of enact25 ment of this title, as having met the background check re26 quirements of a transportation security card under section 


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1 70105 of title 46, United States Code, subject to reissuance 

2 or expiration dates of the hazardous materials endorsement. 

3 ‘‘(b) REDUCTION IN FEES.—The Secretary shall re4 duce, to the greatest extent practicable, any fees associated 

5 with obtaining a transportation security card under section 

6 70105 of title 46, United Sates Code, for any individual 

7 referred to in subsection (a). 

8 ‘‘SEC. 2109. SAVINGS CLAUSE. 

9 ‘‘Nothing in this title shall be construed as affecting 

10 the authority of the Secretary of Transportation to regulate 

11 hazardous materials under chapter 51 of title 49, United 

12 States Code. 

13 ‘‘SEC. 2110. DEFINITIONS. 

14 ‘‘In this title, the following definitions apply: 

15 ‘‘(1) COMMERCE.—The term ‘commerce’ means 

16 trade or transportation in the jurisdiction of the 

17 United States— 

18 ‘‘(A) between a place in a State and a place 

19 outside of the State; or 

20 ‘‘(B) that affects trade or transportation be21 tween a place in a State and a place outside of 

22 the State. 

23 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz24 ardous material’ has the meaning given that term in 

25 section 5102 of title 49, United States Code. 


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1 ‘‘(3) PERSON.—The term ‘person’, in addition to 

2 its meaning under section 1 of title 1, United States 

3 Code— 

4 ‘‘(A) includes a government, Indian tribe, 

5 or authority of a government or tribe offering se6 curity sensitive material for transportation in 

7 commerce or transporting security sensitive ma8 terial to further a commercial enterprise; but 

9 ‘‘(B) does not include— 

10 ‘‘(i) the United States Postal Service; 

11 and 

12 ‘‘(ii) in section 2104, a department, 

13 agency, or instrumentality of the Govern14 ment. 

15 ‘‘(4) SECURITY SENSITIVE MATERIAL.—The term 

16 ‘security sensitive material’ has the meaning given 

17 that term in section 1501 of the Implementing Rec18 ommendations of the 9/11 Commission Act of 2007 (6 

19 U.S.C. 1151). 

20 ‘‘(5) TRANSPORTS; TRANSPORTATION.—The term 

21 ‘transports’ or ‘transportation’ means the movement 

22 of property and loading, unloading, or storage inci23 dental to such movement.’’. 


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1 SEC. 433. CONFORMING AMENDMENT. 

2 The table of contents contained in section 1(b) of the 

3 Homeland Security Act of 2002 (116 Stat. 2135) is amend4 ed 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.’’. 

5 SEC. 434. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 

6 Section 5103a of title 49, United States Code, and the 

7 item relating to that section in the analysis for chapter 51 

8 of such title, are repealed. 

9 SEC. 435. DEADLINES AND EFFECTIVE DATES. 

10 (a) ISSUANCE OF TRANSPORTATION SECURITY

11 CARDS.—Not later than May 31, 2010, the Secretary shall 

12 begin issuance of transportation security cards under sec13 tion 70105 of title 46, United States Code, to individuals 

14 who seek to operate a motor vehicle in commerce while 

15 transporting security sensitive materials. 

16 (b) EFFECTIVE DATE OF PROHIBITIONS.—The prohi17 bitions contained in sections 2101 and 2106 of the Home18 land Security Act of 2002 (as added by this subtitle) shall 


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1 take effect on the date that is 3 years after the date of enact2 ment of this Act. 

3 (c) EFFECTIVE DATE OF SECTION 434 AMEND4 MENTS.—The amendments made by section 434 of this Act 

5 shall take effect on the date that is 3 years after the date 

6 of enactment of this Act. 

7 SEC. 436. TASK FORCE ON DISQUALIFYING CRIMES. 

8 (a) ESTABLISHMENT.—The Secretary shall establish a 

9 task force to review the lists of crimes that disqualify indi10 viduals from transportation-related employment under cur11 rent regulations of the Transportation Security Adminis12 tration and assess whether such lists of crimes are accurate 

13 indicators of a terrorism security risk. 

14 (b) MEMBERSHIP.—The task force shall be composed 

15 of representatives of appropriate industries, including labor 

16 unions representing employees of such industries, Federal 

17 agencies, and other appropriate entities, as determined by 

18 the Secretary. 

19 (c) REPORT.—Not later than 180 days after the date 

20 of enactment of this Act, the task force shall submit to the 

21 Secretary and the Committee on Homeland Security of the 

22 House of Representatives a report containing the results of 

23 the review, including recommendations for a common list 

24 of disqualifying crimes and the rationale for the inclusion 

25 of each crime on the list. 


hsrobinson on PROD1PC76 with BILLS

hsrobinson on PROD1PC76 with BILLS
Union Calendar No. 63 

111TH CONGRESS 

1ST SESSION H. R. 2200 

[Report No. 111–123] 

A BILL 

To authorize the Transportation Security Administransportation security, and for other purposes. tration’s programs relating to the provision of 

MAY 19, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


hsrobinson on PROD1PC76 with BILLS