I 

111TH CONGRESS 

1ST SESSION H. R. 2200 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Transportation Security Administration Authorization 

6 Act’’. 

7 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 


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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. Elimination of alternate baggage security screening. 

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. Foreign repair stations. 

Sec. 206. Assistant Secretary defined. 

Sec. 207. TSA and homeland security information sharing. 

Sec. 208. Aviation security stakeholder participation. 

Sec. 209. General aviation security. 

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. GAO report on certain contracts and use of funds. 

Sec. 228. IG report on certain policies for Federal air marshals. 

TITLE III—SURFACE TRANSPORTATION SECURITY 

Sec. 301. Surface transportation security inspection program. 

Sec. 302. Strengthening visible intermodal prevention and response teams. 

Sec. 303. Surface transportation security stakeholder participation. 

Sec. 304. Human capital plan for surface transportation security personnel. 

Sec. 305. Surface transportation security training. 

Sec. 306. Security assistance IG Report. 

Sec. 307. International lessons learned for securing passenger rail and public 

transportation systems. 

Sec. 308. Underwater tunnel security demonstration project. 

Sec. 309. Passenger rail security demonstration project. 

Sec. 310. Report and recommendation for uniform security background checks. 

Sec. 311. Explosives detection canine teams. 

Sec. 312. Animal-propelled vessels. 

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 HomeVerDate Nov 24 2008 07:20 May 04, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.IH H2200

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1 land Security (Transportation Security Administra2 tion). 

3 (2) AVIATION SECURITY ADVISORY COM4 MITTEE.—The term ‘‘Aviation Security Advisory 

5 Committee’’ means the advisory committee estab6 lished by section 44946 of title 49, United States 

7 Code, as added by this Act. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Homeland Security. 

10 TITLE I—AUTHORIZATION OF 

11 APPROPRIATIONS 

12 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to the Sec14 retary such sums as may be necessary for the necessary 

15 expenses of the Transportation Security Administration 

16 for fiscal years 2010 and 2011. 

17 SEC. 102. RISK-BASED SYSTEM FOR ALLOCATION OF RE18 SOURCES. 

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

20 of enactment of this Act, the Secretary, acting through 

21 the Assistant Secretary, shall submit to the appropriate 

22 congressional committees, including the Committee on 

23 Homeland Security of the House of Representatives, a re24 port on the status of its implementation of recommenda25 tions from the Comptroller General with respect to the use 


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1 by the Transportation Security Administration of a risk2 based system for allocating security resources effectively. 

3 (b) ASSESSMENTS.—The report shall include assess4 ments of the Transportation Security Administration’s 

5 progress in— 

6 (1) adopting security goals that define specific 

7 outcomes, conditions, end points, and performance 

8 targets; 

9 (2) conducting comprehensive risk assessments 

10 for the transportation sector that meet the criteria 

11 established under Homeland Security Presidential 

12 Directive-7 in effect as of January 1, 2009, and 

13 combine individual assessments of threat, vulner14 ability, and consequence; 

15 (3) analyzing the assessments described in 

16 paragraph (2) to produce a comparative analysis of 

17 risk across the entire transportation sector to guide 

18 current and future investment decisions; 

19 (4) establishing an approach for gathering data 

20 on investments by State, local, and private sector se21 curity partners in transportation security; 

22 (5) establishing a plan and corresponding 

23 benchmarks for conducting risk assessments for the 

24 transportation sector that identify the scope of the 


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1 assessments and resource requirements for com2 pleting them; 

3 (6) working with the Department of Homeland 

4 Security to effectuate the Administration’s risk man5 agement approach by establishing a plan and time6 frame for assessing the appropriateness of the Ad7 ministration’s intelligence-driven risk management 

8 approach for managing risk at the Administration 

9 and documenting the results of this review once 

10 completed; 

11 (7) determining the best approach for assigning 

12 uncertainty or confidence levels to analytic intel13 ligence products related to the Transportation Secu14 rity Administration’s security mission and applying 

15 this approach; and 

16 (8) establishing internal controls, including— 

17 (A) a focal point and clearly defined roles 

18 and responsibilities for ensuring that the Ad19 ministration’s risk management framework is 

20 implemented; 

21 (B) policies, procedures, and guidance that 

22 require the implementation of the Administra23 tion’s framework and completion of related 

24 work activities; and 


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1 (C) a system to monitor and improve how 

2 effectively the framework is being implemented. 

3 SEC. 103. ENSURING CONTRACTING WITH SMALL BUSINESS 

4 CONCERNS AND DISADVANTAGED BUSINESS 

5 CONCERNS. 

6 (a) REQUIREMENTS FOR PRIME CONTRACTS.—The 

7 Secretary, acting through the Assistant Secretary, shall 

8 include in each contract awarded for procurement of goods 

9 or services acquired for the Transportation Security Ad10 ministration— 

11 (1) a requirement that the contractor shall im12 plement a plan for the award, in accordance with 

13 other applicable requirements, of subcontracts under 

14 the contract to small business concerns, including 

15 small business concerns owned and controlled by so16 cially and economically disadvantaged individuals, 

17 small business concerns owned and controlled by 

18 women, small business concerns owned and con19 trolled by service-disabled veterans, HUBZone small 

20 business concerns, small business concerns partici21 pating in the program under section 8(a) of the 

22 Small Business Act (15 U.S.C. 637(a)), institutions 

23 receiving assistance under title III or V of the High24 er Education Act of 1965 (20 U.S.C. 1051 et seq., 

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1 ated pursuant to the Alaska Native Claims Settle2 ment Act (43 U.S.C. 1601 et seq.), including the 

3 terms of such plan; and 

4 (2) a requirement that the contractor shall sub5 mit to the Secretary, during performance of the con6 tract, periodic reports describing the extent to which 

7 the contractor has complied with such plan, includ8 ing specification (by total dollar amount and by per9 centage of the total dollar value of the contract) of 

10 the value of subcontracts awarded at all tiers of sub11 contracting to small business concerns, institutions, 

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

13 (b) UTILIZATION OF ALLIANCES.—The Secretary 

14 shall seek to facilitate award of contracts by the United 

15 States to alliances of small business concerns, institutions, 

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

17 (c) ANNUAL REPORT.— 

18 (1) IN GENERAL.—The Secretary, acting 

19 through the Assistant Secretary, shall submit to the 

20 Committee on Homeland Security of the House of 

21 Representatives and the Committee on Commerce, 

22 Science, and Transportation of the Senate by Octo23 ber 31 each year a report on the award of contracts 

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1 tions referred to in subsection (a)(1) during the pre2 ceding fiscal year. 

3 (2) CONTENTS.—The Secretary, acting through 

4 the Assistant Secretary, shall include in each re5 port— 

6 (A) specification of the value of such con7 tracts, by dollar amount and as a percentage of 

8 the total dollar value of all contracts awarded 

9 by the United States in such fiscal year; 

10 (B) specification of the total dollar value of 

11 such contracts awarded to each of the cat12 egories of small business concerns, institutions, 

13 and corporations referred to in subsection 

14 (a)(1); and 

15 (C) if the percentage specified under sub16 paragraph (A) is less than 25 percent, an expla17 nation of— 

18 (i) why the percentage is less than 25 

19 percent; and 

20 (ii) what will be done to ensure that 

21 the percentage for the following fiscal year 

22 will not be less than 25 percent. 


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1 TITLE II—AVIATION SECURITY 

2 Subtitle A—Amendments to 

3 Chapter 449 

4 SEC. 201. ELIMINATION OF ALTERNATE BAGGAGE SECU5 RITY SCREENING. 

6 Section 44901(e)(1) of title 49, United States Code, 

7 is amended to read as follows: 

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

9 checked baggage is placed aboard an aircraft unless 

10 the passenger who checked the baggage is aboard 

11 the aircraft, is not authorized as an alternate meth12 od of baggage screening where explosive detection 

13 equipment is available unless there are exigent cir14 cumstances as determined by the Secretary acting 

15 through the Assistant Secretary. The Assistant Sec16 retary shall report to the Committee on Homeland 

17 Security of the House of Representatives within 90 

18 days of the determination that bag match must be 

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

20 SEC. 202. PROHIBITION OF ADVANCE NOTICE OF COVERT 

21 TESTING TO SECURITY SCREENERS. 

22 Section 44935 of title 49, United States Code, is 

23 amended by adding at the end the following: 


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1 ‘‘(j) PROHIBITION OF ADVANCE NOTICE TO SECU2 RITY SCREENERS OF COVERT TESTING AND EVALUA3 TION.— 

4 ‘‘(1) IN GENERAL.—The Secretary, acting 

5 through the Assistant Secretary, shall ensure that 

6 information concerning a covert test of a transpor7 tation security system to be conducted by a covert 

8 testing office, the Inspector General of the Depart9 ment of Homeland Security, or the Government Ac10 countability Office is not provided to any individual 

11 prior to the completion of the test. 

12 ‘‘(2) EXCEPTIONS.—Notwithstanding para13 graph (1)— 

14 ‘‘(A) an individual may provide informa15 tion concerning a covert test of a transportation 

16 security system to— 

17 ‘‘(i) employees, officers, and contrac18 tors of the Federal Government (including 

19 military personnel); 

20 ‘‘(ii) employees and officers of State 

21 and local governments; and 

22 ‘‘(iii) law enforcement officials who 

23 are authorized to receive or directed to be 

24 provided such information by the Assistant 

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1 partment of Homeland Security, or the 

2 Comptroller General, as the case may be; 

3 and 

4 ‘‘(B) for the purpose of ensuring the secu5 rity of any individual in the vicinity of a site 

6 where a covert test of a transportation security 

7 system is being conducted, an individual con8 ducting the test may disclose his or her status 

9 as an individual conducting the test to any ap10 propriate individual if a security screener or 

11 other individual who is not a covered employee 

12 identifies the individual conducting the test as 

13 a potential threat. 

14 ‘‘(3) SPECIAL RULES FOR TSA.— 

15 ‘‘(A) MONITORING AND SECURITY OF

16 TESTING PERSONNEL.—The head of each covert 

17 testing office shall ensure that a person or 

18 group of persons conducting a covert test of a 

19 transportation security system for the covert 

20 testing office is accompanied at the site of the 

21 test by a cover team comprised of one or more 

22 employees of the covert testing office for the 

23 purpose of monitoring the test and confirming 

24 the identity of personnel involved in the test 

25 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 

6 security of any individual in the vicinity of 

7 a site where the test is being conducted, 

8 confirm, notwithstanding paragraph (1), 

9 the identity of any individual conducting 

10 the test to any appropriate individual if a 

11 security screener or other individual who is 

12 not a covered employee identifies the indi13 vidual conducting the test as a potential 

14 threat. 

15 ‘‘(C) AVIATION SCREENING.—Notwith16 standing subparagraph (A), the Transportation 

17 Security Administration is not required to have 

18 a cover team present during a test of the 

19 screening of persons, carry-on items, or checked 

20 baggage at an aviation security checkpoint at or 

21 serving an airport if the test— 

22 ‘‘(i) is approved by the Federal Secu23 rity Director 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 

13 term ‘appropriate individual’, as used with re14 spect to a covert test of a transportation secu15 rity system, 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 

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

22 needs to know the identity of an individual 

23 conducting the test. 

24 ‘‘(B) COVERED EMPLOYEE.—The term 

25 ‘covered employee’ means any individual who 


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1 receives notice of a covert test before the com2 pletion 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 con6 ducted by a covert testing office, the In7 spector General of the Department of 

8 Homeland Security, or the Government Ac9 countability Office to intentionally test, 

10 compromise, or circumvent transportation 

11 security systems to identify vulnerabilities 

12 in such systems. 

13 ‘‘(ii) LIMITATION.—Notwithstanding 

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

15 mean an exercise or activity by an em16 ployee or contractor of the Transportation 

17 Security Administration to test or assess 

18 compliance with regulations under title 49, 

19 Code of Federal Regulations. 

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

21 ‘covert testing office’ means any office of the 

22 Transportation Security Administration des23 ignated by the Assistant Secretary to conduct 

24 covert tests of transportation security systems. 


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1 ‘‘(E) EMPLOYEE OF A COVERT TESTING

2 OFFICE.—The term ‘employee of a covert test3 ing office’ means an individual who is an em4 ployee of a covert testing office or a contractor 

5 or an employee of a contractor of a covert test6 ing office.’’. 

7 SEC. 203. SECURE VERIFICATION SYSTEM FOR LAW EN8 FORCEMENT OFFICERS. 

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

10 amended by adding at the end the following: 

11 ‘‘(e) SECURE VERIFICATION SYSTEM FOR LAW EN12 FORCEMENT OFFICERS.— 

13 ‘‘(1) IN GENERAL.—The Secretary, acting 

14 through the Assistant Secretary, shall develop a plan 

15 for a system to securely verify the identity and sta16 tus of law enforcement officers flying while armed. 

17 The Assistant Secretary shall ensure that the system 

18 developed includes a biometric component. 

19 ‘‘(2) DEMONSTRATION.—The Secretary, acting 

20 through the Assistant Secretary, shall conduct a 

21 demonstration program to test the secure 

22 verification system described in paragraph (1) before 

23 issuing regulations for deployment of the system. 

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

25 shall consult with the Aviation Security Advisory 


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1 Committee, established under section 44946 of title 

2 49, United States Code, when developing the system 

3 and established under section 44946 of title 49, 

4 United States Code, evaluating the demonstration 

5 program. 

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

7 submit a report to the Committee on Homeland Se8 curity of the House of Representatives, evaluating 

9 the demonstration program of the secure verification 

10 system required by this section. 

11 ‘‘(5) AUTHORIZATIONS OF APPROPRIATIONS.— 

12 From the amounts authorized under section 101 of 

13 the Transportation Security Administration Author14 ization Act, there is authorized to be appropriated to 

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

16 available until expended.’’. 

17 SEC. 204. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERV18 ICE. 

19 Section 44917 of title 49, United States Code, is fur20 ther amended by adding at the end the following: 

21 ‘‘(f) OMBUDSMAN.— 

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

23 through the Assistant Secretary, shall establish in 

24 the Federal Air Marshal Service an Office of the 

25 Ombudsman. 


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

2 shall be the Ombudsman, who shall be appointed by 

3 the Assistant Secretary. 

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

5 programs and activities to improve morale, training, 

6 and quality of life issues in the Service, including 

7 through implementation of the recommendations of 

8 the Comptroller General.’’. 

9 SEC. 205. FOREIGN REPAIR STATIONS. 

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

11 amended to read as follows: 

12 ‘‘(f) REGULATIONS.—Not later than 6 months after 

13 the date of enactment of the Transportation Security Ad14 ministration Authorization Act, the Secretary, acting 

15 through the Assistant Secretary, shall issue regulations es16 tablishing security standards for foreign repair stations 

17 performing maintenance for aircraft used to provide air 

18 transportation.’’. 

19 SEC. 206. ASSISTANT SECRETARY DEFINED. 

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

21 title 49, United States Code, is amended by inserting be22 fore section 44933 the following: 

23 ‘‘§ 44931. Assistant Secretary defined 

24 ‘‘In this chapter— 


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1 ‘‘(1) the term ‘Assistant Secretary’ means the 

2 Assistant Secretary of Homeland Security (Trans3 portation Security Administration); and 

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

5 Transportation Security Administration, the Under 

6 Secretary of Transportation for Security, the Under 

7 Secretary of Transportation for Transportation Se8 curity, or the Under Secretary for Transportation 

9 Security shall be deemed to be a reference to the As10 sistant Secretary.’’. 

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

12 subchapter is amended by inserting before the item relat13 ing to section 44933 the following: 

‘‘Sec. 44931. Assistant Secretary defined.’’. 

14 SEC. 207. TSA AND HOMELAND SECURITY INFORMATION 

15 SHARING. 

16 (a) FEDERAL SECURITY DIRECTOR.—Section 44933 

17 of title 49, United States Code, is amended— 

18 (1) by striking ‘‘Manager’’ each place it appears 

19 and inserting ‘‘Director’’; 

20 (2) by striking ‘‘Managers’’ each place it ap21 pears and inserting ‘‘Directors’’; and 

22 (3) by adding at the end the following: 

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

24 year after the date of enactment of the Transportation Se25 curity Administration Authorization Act, the Secretary of 


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1 Homeland Security, acting through the Assistant Sec2 retary, shall— 

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

4 clear reporting procedures to ensure the Federal Se5 curity Director of the airport is immediately notified 

6 whenever any Federal, State, or local law enforce7 ment personnel are called to an aircraft at a gate or 

8 on an airfield at the airport; 

9 ‘‘(2) require each Federal Security Director of 

10 an airport to meet at least quarterly with law en11 forcement agencies serving the airport to discuss in12 cident management protocols; and 

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

14 an airport to inform, consult, and coordinate, as ap15 propriate, with the airport operator in a timely man16 ner on security matters impacting airport oper17 ations.’’. 

18 (b) CONFORMING AMENDMENTS.— 

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

20 Code, is amended by striking ‘‘Managers’’ and in21 serting ‘‘Directors’’. 

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

23 States Code, is amended by striking ‘‘Managers’’ 

24 and inserting ‘‘Directors’’. 


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1 (c) TECHNICAL AMENDMENT.—The chapter analysis 

2 for chapter 449 is amended by striking the item relating 

3 to section 44933 and inserting the following: 

‘‘44933. Federal Security Directors.’’. 

4 SEC. 208. AVIATION SECURITY STAKEHOLDER PARTICIPA5 TION. 

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

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

8 end the following: 

9 ‘‘§ 44946. Aviation Security Advisory Committee 

10 ‘‘(a) ESTABLISHMENT OF AVIATION SECURITY ADVI11 SORY COMMITTEE.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

13 Security, acting through the Assistant Secretary, 

14 shall establish in the Transportation Security Ad15 ministration an advisory committee, to be known as 

16 the ‘Aviation Security Advisory Committee’ (in this 

17 chapter referred to as the ‘Advisory Committee’), to 

18 assist the Secretary with issues pertaining to avia19 tion security, including credentialing. 

20 ‘‘(2) RECOMMENDATIONS.—The Secretary, act21 ing through the Assistant Secretary, shall require 

22 the Advisory Committee to develop recommendations 

23 for improvements to civil aviation security methods, 

24 equipment, and processes. 


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

2 require the Advisory Committee to meet at least 

3 semi-annually and may convene additional meetings 

4 as necessary. 

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

6 Members shall serve at their own expense and re7 ceive no salary, reimbursement of travel expenses, or 

8 other compensation from the Federal Government. 

9 ‘‘(b) MEMBERSHIP.— 

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

11 shall ensure that the Advisory Committee is com12 posed of not more than 27 members, including rep13 resentatives from air carriers, all cargo air transpor14 tation, indirect air carriers, labor organizations rep15 resenting air carrier employees, aircraft manufactur16 ers, airport operators, general aviation and the avia17 tion technology security industry, including bio18 metrics. 

19 ‘‘(2) REPRESENTATIVES.—The representatives 

20 listed in paragraph (1) shall have at least one mem21 ber on the Advisory Committee, but not more than 

22 a maximum of three members. Members shall be ap23 pointed by the Assistant Secretary. The Assistant 

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1 ticipation of any Advisory Committee member and 

2 recommend changes for cause at any time. 

3 ‘‘(c) NONAPPLICABILITY OF FACA.—The Federal 

4 Advisory Committee Act (5 U.S.C. App.) shall not apply 

5 to the Advisory Committee. 

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

7 ‘‘(1) IN GENERAL.—The Secretary, acting 

8 through the Assistant Secretary, shall establish with9 in the Advisory Committee an air cargo security 

10 working group to provide recommendations for suc11 cessful implementation of the cargo screening initia12 tives proposed by the Transportation Security Ad13 ministration to screen cargo on passenger aircraft in 

14 accordance with established cargo screening man15 dates. 

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

17 meet at least semi-annually and provide annual re18 ports to the Secretary with recommendations to im19 prove the Administration’s cargo screening initia20 tives established to meet all cargo screening man21 dates set forth in the Implementing Recommenda22 tions of the 9/11 Commission Act of 2007 (Public 

23 Law 110–53; 121 Stat. 266 et seq.). 

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

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1 mittee with expertise in cargo operations or cargo 

2 screening. Members shall be appointed by the Assist3 ant Secretary. 

4 ‘‘(4) REPORTS.— 

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

6 shall prepare and submit reports to the Sec7 retary in accordance with this paragraph that 

8 provide cargo screening mandate implementa9 tion recommendations. 

10 ‘‘(B) SUBMISSION.—Not later than one 

11 year after the date of enactment of this section 

12 and on an annual basis thereafter, the working 

13 group shall submit its first report to the Sec14 retary, including any recommendations of the 

15 group— 

16 ‘‘(i) to reduce redundancies and in17 crease efficiencies with the screening and 

18 inspection of inbound cargo; and 

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

20 fee structure to help sustain cargo-screen21 ing efforts.’’. 

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

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

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


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1 SEC. 209. GENERAL AVIATION SECURITY. 

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

3 title 49, United States Code, is further amended by adding 

4 at the end the following: 

5 ‘‘§ 44947. General aviation security 

6 ‘‘(a) GENERAL AVIATION SECURITY GRANT PRO7 GRAM.— 

8 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

9 Security shall carry out a general aviation security 

10 grant program to enhance transportation security at 

11 general aviation airports by making grants to opera12 tors of general aviation airports for projects for im13 provements to enhance perimeter security, airfield 

14 security, and terminal security. 

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

16 year after the date of submission of the first report 

17 of the working group under subsection (b), the Sec18 retary shall develop and make publically available a 

19 list of approved eligible projects for such grants 

20 based upon recommendations made by the working 

21 group in such report. 

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

23 the cost of activities for which grants are made 

24 under this subsection shall be 90 percent. 

25 ‘‘(b) GENERAL AVIATION SECURITY WORKING

26 GROUP.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

2 Security, acting through the Assistant Secretary, 

3 shall establish, in the Aviation Security Advisory 

4 Committee established under section 44946, a gen5 eral aviation working group to advise the Transpor6 tation Security Administration regarding transpor7 tation security issues for general aviation facilities 

8 and general aviation aircraft. 

9 ‘‘(2) MEETINGS.—The working group shall 

10 meet on a semi-annual basis. 

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

12 shall appoint members from the Aviation Security 

13 Advisory Committee with general aviation experi14 ence. 

15 ‘‘(4) REPORTS.— 

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

17 shall submit a report to the Secretary with rec18 ommendations on ways to improve security at 

19 general aviation airports. 

20 ‘‘(B) CONTENTS OF REPORT.—The report 

21 of the working group submitted to the Sec22 retary under this paragraph shall include any 

23 recommendations of the working group for eligi24 ble security enhancement projects at general 


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1 aviation airports to be funded by grants under 

2 subsection (a). 

3 ‘‘(C) SUBSEQUENT REPORTS.—After sub4 mitting the report, the working group shall con5 tinue to report to the Secretary on general avia6 tion aircraft and airports. 

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

8 amounts authorized under section 101 of the Transpor9 tation Security Administration Authorization Act, there is 

10 authorized to be appropriated for making grants under 

11 subsection (a) $10,000,000 for each of fiscal years 2010 

12 and 2011.’’. 

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

14 subchapter is further amended by adding at the end the 

15 following: 

‘‘Sec. 44947. General aviation security.’’. 

16 Subtitle B—Other Matters 

17 SEC. 221. SECURITY RISK ASSESSMENT OF AIRPORT PERIM18 ETER ACCESS CONTROLS. 

19 (a) IN GENERAL.—The Secretary, acting through the 

20 Assistant Secretary, shall develop a strategic risk-based 

21 plan to improve transportation security at airports that 

22 includes best practices to make airport perimeter access 

23 controls more secure at all commercial service and general 

24 aviation airports. 

25 (b) CONTENTS.—The plan shall— 


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1 (1) incorporate best practices for enhanced pe2 rimeter access controls; 

3 (2) evaluate and incorporate major findings of 

4 all relevant pilot programs of the Transportation Se5 curity Administration; 

6 (3) integrate recommendations of the Govern7 ment Accountability Office on perimeter access con8 trols; and 

9 (4) include a requirement that airports update 

10 their security plans to incorporate the best practices, 

11 as appropriate, based on risk and adapt the best 

12 practices to meet the needs specific to their facilities. 

13 SEC. 222. ADVANCED PASSENGER PRESCREENING SYSTEM. 

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

15 the date of enactment of this Act, the Comptroller General 

16 shall submit to the Committee on Homeland Security of 

17 the House of Representatives and the Committee on Com18 merce, Science, and Transportation of the Senate a report 

19 that— 

20 (1) describes the progress made by the Depart21 ment of Homeland Security in implementing the ad22 vanced passenger prescreening system; and 

23 (2) includes any other relevant recommenda24 tions that the Comptroller General determines ap25 propriate. 


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1 (b) SUBSEQUENT REPORTS.—The Comptroller Gen2 eral shall submit subsequent reports on the implementa3 tion to such Committees every 90 days thereafter until the 

4 implementation is complete. 

5 SEC. 223. BIOMETRIC IDENTIFIER AIRPORT ACCESS EN6 HANCEMENT DEMONSTRATION PROGRAM. 

7 (a) IN GENERAL.—The Secretary, acting through the 

8 Assistant Secretary, shall carry out a demonstration pro9 gram under which biometric identifier access systems for 

10 individuals with access to secure or sterile areas of an air11 port, including airport employees and flight crews, are 

12 evaluated for the purposes of enhancing transportation se13 curity at airports and to determine how airports can im14 plement uniform biometric identifier and interoperable se15 curity systems. 

16 (b) AIRPORTS PARTICIPATING IN PROGRAM.—The 

17 Secretary shall select at least 7 airports, including at least 

18 2 large airports, to participate in the demonstration pro19 gram. 

20 (c) INITIATION AND DURATION OF PROGRAM.— 

21 (1) DEADLINE FOR INITIATION.—The Secretary 

22 shall initiate the demonstration program not later 

23 than one year after the date of enactment of this 

24 Act. 


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1 (2) DURATION.—The program shall have a du2 ration of not less than 180 days and not more than 

3 one year. 

4 (d) REQUIRED ELEMENTS.—In conducting the dem5 onstration program, the Secretary shall— 

6 (1) assess best operational, administrative, and 

7 management practices in creating uniform, stand8 ards-based, and interoperable biometric identifier 

9 systems for all individuals with access to secure or 

10 sterile areas of commercial service airports; and 

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

12 airports and other airports, as the Secretary deter13 mines appropriate, to identify where the implementa14 tion of biometric identifier systems could benefit se15 curity. 

16 (e) CONSIDERATIONS.—In conducting the demonstra17 tion program, the Secretary shall consider, at a minimum, 

18 the following: 

19 (1) PARALLEL SYSTEMS.—Existing parallel bio20 metric transportation security systems applicable to 

21 workers with unescorted access to transportation 

22 systems, including— 

23 (A) transportation worker identification 

24 credentials issued under section 70105 of title 

25 46, United States Code; 


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1 (B) armed law enforcement travel creden2 tials issued under section 44903(h)(6) of title 

3 49, United States Code; and 

4 (C) other credential and biometric identi5 fier systems used by the Federal Government, 

6 as the Secretary considers appropriate. 

7 (2) EFFORTS BY TRANSPORTATION SECURITY

8 ADMINISTRATION.—Any biometric identifier system 

9 or proposals developed by the Assistant Secretary. 

10 (3) INFRASTRUCTURE AND TECHNICAL RE11 QUIREMENTS.—The architecture, modules, inter12 faces, and transmission of data needed for airport 

13 security operations. 

14 (4) EXISTING AIRPORT SYSTEMS.— 

15 Credentialing and access control systems in use in 

16 secure and sterile areas of airports. 

17 (5) ASSOCIATED COSTS.—The costs of imple18 menting uniform, standards-based, and interoperable 

19 biometric identifier systems at airports, including— 

20 (A) the costs to airport operators, airport 

21 workers, air carriers, and other aviation indus22 try stakeholders; and 

23 (B) the costs associated with ongoing oper24 ations and maintenance and modifications and 


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1 enhancements needed to support changes in 

2 physical and electronic infrastructure. 

3 (6) INFORMATION FROM OTHER SOURCES.— 

4 Recommendations, guidance, and information from 

5 other sources, including the Comptroller General and 

6 other governmental entities, organizations rep7 resenting airport workers, and private individuals 

8 and organizations. 

9 (f) IDENTIFICATION OF BEST PRACTICES.—In con10 ducting the demonstration program, the Secretary shall 

11 identify best practices for the administration of biometric 

12 identifier access at airports, including best practices for 

13 each of the following processes: 

14 (1) Registration, vetting, and enrollment. 

15 (2) Issuance. 

16 (3) Verification and use. 

17 (4) Expiration and revocation. 

18 (5) Development of a cost structure for acquisi19 tion of biometric identifier credentials. 

20 (6) Development of redress processes for work21 ers. 

22 (g) CONSULTATION.—In conducting the demonstra23 tion program, the Secretary shall consult with the Aviation 

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1 metric identifier systems for airport workers and others 

2 with unescorted access to secure or sterile areas of an air3 port. 

4 (h) EVALUATION.—The Secretary shall conduct an 

5 evaluation of the demonstration program to specifically as6 sess best operational, administrative, and management 

7 practices in creating a standard, interoperable, biometric 

8 identifier access system for all individuals with access to 

9 secure or sterile areas of commercial service airports. 

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

11 after the last day of the demonstration program, the Sec12 retary shall submit to the appropriate congressional com13 mittees, including the Committee on Homeland Security 

14 of the House of Representatives, a report on the results 

15 of the demonstration program. The report shall include 

16 possible incentives for airports that voluntarily seek to im17 plement uniform, standards-based, and interoperable bio18 metric identifier systems. 

19 (j) BIOMETRIC IDENTIFIER SYSTEM DEFINED.—In 

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

21 a system that uses biometric identifier information to 

22 match individuals and confirm identity for transportation 

23 security and other purposes. 

24 (k) AUTHORIZATION OF APPROPRIATIONS.—From 

25 amounts authorized under section 101, there is authorized 


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

2 section for fiscal years 2010 and 2011. 

3 SEC. 224. TRANSPORTATION SECURITY TRAINING PRO4 GRAMS. 

5 Not later than one year after the date of enactment 

6 of this Act, the Secretary, acting through the Assistant 

7 Secretary, shall establish recurring training of transpor8 tation security officers on updates to screening procedures 

9 and technologies in response to weaknesses identified in 

10 covert tests at airports. The training shall include— 

11 (1) internal controls for monitoring and docu12 menting compliance of transportation security offi13 cers with training requirements; 

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

15 Intranet connectivity to all airport training facilities 

16 of the Administration; and 

17 (3) such other matters as identified by the As18 sistant Secretary with regard to training. 

19 SEC. 225. DEPLOYMENT OF TECHNOLOGY APPROVED BY 

20 SCIENCE AND TECHNOLOGY DIRECTORATE. 

21 (a) IN GENERAL.—The Secretary, in consultation 

22 with the Directorate of Science and Technology of the De23 partment of Homeland Security, shall develop and submit 

24 to the appropriate committees of Congress, including the 

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1 resentatives, a strategic plan for the integration of tech2 nologies for transportation security with high approval or 

3 testing results from the Directorate and the Transpor4 tation Security Laboratory of the Department. 

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

6 plan developed under subsection (a) shall include— 

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

8 prioritizing investments in new checkpoint screening 

9 technologies that compare the costs and benefits of 

10 screening technologies being considered for develop11 ment or acquisition with the costs and benefits of 

12 other viable alternatives; 

13 (2) quantifiable performance measures to assess 

14 the extent to which investments in research, develop15 ment, and deployment of checkpoint screening tech16 nologies achieve performance goals for enhancing se17 curity at airport passenger checkpoints; and 

18 (3) a method to ensure that operational tests 

19 and evaluations have been successfully completed in 

20 an operational environment before deploying check21 point screening technologies to airport checkpoints. 

22 (c) REPORT TO CONGRESS.—The Secretary shall 

23 submit to the appropriate committees of Congress, includ24 ing the Committee on Homeland Security of the House 

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1 nologies that have undergone testing and evaluation by the 

2 Transportation Security Laboratory and any technologies 

3 used in any demonstration program administered by the 

4 Transportation Security Administration. The first report 

5 submitted under this subsection shall assess such tech6 nologies for 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 aging baggage 

13 screening equipment at commercial service airports. Spe14 cifically, the report shall address the Administration’s 

15 plans, estimated costs, and current milestones for replac16 ing explosive detection equipment that is nearing the end 

17 of its useful product life. 

18 SEC. 227. GAO REPORT ON CERTAIN CONTRACTS AND USE 

19 OF FUNDS. 

20 Not later than 60 days after the date of enactment 

21 of this Act, and every 6 months thereafter, the Comp22 troller General shall submit to the Committee on Home23 land Security of the House of Representatives and the 

24 Committee on Commerce, Science, and Transportation of 

25 the Senate a report regarding any funds made available 


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1 by the Consolidated Security, Disaster Assistance, and 

2 Continuing Appropriations Act, 2009 (Public Law 110– 

3 329), the Omnibus Appropriations Act, 2009 (Public Law 

4 111–8), or the Economic Stimulus Act of 2008 (Public 

5 Law 110–185) used by the Transportation Security Ad6 ministration to award a contract for any explosive detec7 tion screening system or to implement any other screening 

8 or detection technology for use at an airport. 

9 SEC. 228. IG REPORT ON CERTAIN POLICIES FOR FEDERAL 

10 AIR MARSHALS. 

11 Not later than 120 days after the date of enactment 

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

13 Homeland Security shall review the minimum standards 

14 and policies regarding rest periods between deployments 

15 and any other standards or policies applicable to Federal 

16 air marshals reporting to duty. After such review, the In17 spector General shall make any recommendations to such 

18 standards and policies the Inspector considers necessary 

19 to ensure an alert and responsible workforce of Federal 

20 air marshals. 


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1 TITLE III—SURFACE 

2 TRANSPORTATION SECURITY 

3 SEC. 301. SURFACE TRANSPORTATION SECURITY INSPEC4 TION PROGRAM. 

5 (a) FINDINGS, DEFINITION, AND INSPECTION OF6 FICE.—Congress finds the following: 

7 (1) Surface transportation security inspectors 

8 assist bus and passenger rail stakeholders in identi9 fying security gaps through Baseline Assessment for 

10 Security Enhancement (‘‘BASE’’) reviews, monitor 

11 freight rail stakeholder efforts to reduce the risk 

12 that toxic inhalation hazard shipments pose to high 

13 threat urban areas through Security Action Item 

14 (‘‘SAI’’) reviews, and assist in strengthening chain 

15 of custody security. 

16 (2) Surface transportation security inspectors 

17 play a critical role in building and maintaining work18 ing relationships with transit agencies and acting as 

19 liaisons between such agencies and the Transpor20 tation Security Operations Center, relationships 

21 which are vital to effective implementation of the 

22 surface transportation security mission. 

23 (3) Because Visible Intermodal Prevention and 

24 Response (referred to in this section as ‘‘VIPR’’) 

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1 miliar with the nature of surface transportation se2 curity inspector activities, the Transportation Secu3 rity Administration would benefit significantly from 

4 integrating the inspectors’ activities and expertise 

5 into VIPR exercises, as well as using the profes6 sional strengths and experience of the inspectors to 

7 educate and familiarize other VIPR team compo8 nents about surface modes. 

9 (4) In December 2006, the Transportation Se10 curity Administration shifted from a system in which 

11 surface transportation security inspectors reported 

12 to surface-focused supervisors to a system in which 

13 inspectors report to aviation-focused supervisors in 

14 the field; a shift which has resulted in a strained 

15 chain of command, misappropriation of inspectors to 

16 nonsurface activities, the hiring of senior-level in17 spectors with no surface qualifications, and signifi18 cant damage to relationships with transit agencies 

19 and inspector morale. 

20 (b) ASSISTANT SECRETARY DEFINED.—Section 1301 

21 of the Implementing Recommendations of the 9/11 Com22 mission Act of 2007 (6 U.S.C. 1111) is amended by add23 ing at the end the following: 


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1 ‘‘(7) ASSISTANT SECRETARY.—The term ‘As2 sistant Secretary’ means the Assistant Secretary, 

3 Transportation Security Administration.’’. 

4 (c) SURFACE TRANSPORTATION SECURITY INSPEC5 TION OFFICE.—Section 1304 of the Implementing Rec6 ommendations of the 9/11 Commission Act of 2007 (6 

7 U.S.C. 1113) is amended by striking subsections (a) and 

8 (b) and inserting the following: 

9 ‘‘(a) SURFACE TRANSPORTATION SECURITY INSPEC10 TION OFFICE.— 

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

12 through the Assistant Secretary, shall establish an 

13 office to be known as the ‘Surface Transportation 

14 Security Inspection Office’ (in this section referred 

15 to as the ‘Office’). 

16 ‘‘(2) MISSION.—The Secretary shall use the Of17 fice to train, employ, and utilize surface transpor18 tation security inspectors to— 

19 ‘‘(A) assist surface transportation carriers, 

20 operators, owners, entities, and facilities to en21 hance their security against terrorist attacks 

22 and other security threats; and 

23 ‘‘(B) assist the Secretary in enforcing ap24 plicable surface transportation security regula25 tions and directives. 


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1 ‘‘(3) OFFICERS.— 

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

3 shall be the Director, who shall— 

4 ‘‘(i) oversee and coordinate the activi5 ties of the Office, including all officers and 

6 any corresponding surface transportation 

7 modes in which the Office carries out such 

8 activities, and the surface transportation 

9 security inspectors who assist in such ac10 tivities; and 

11 ‘‘(ii) act as the primary point of con12 tact between the Office and other entities 

13 that support the Department’s surface 

14 transportation security mission to ensure 

15 efficient and appropriate use of surface 

16 transportation security inspectors and 

17 maintain strong working relationships with 

18 surface transportation security stake19 holders. 

20 ‘‘(B) DEPUTY DIRECTOR.—There shall be 

21 a Deputy Director of the Office, who shall— 

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

23 the responsibilities of the Director under 

24 this subsection; and 


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1 ‘‘(ii) serve as acting Director in the 

2 absence of the Director and during any va3 cancy in the office of Director. 

4 ‘‘(4) APPOINTMENT.—The Director and Deputy 

5 Director shall be appointed by the Secretary, and 

6 shall be responsible on a full-time basis for the du7 ties and responsibilities described in this subsection. 

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 

13 shall establish primary and secondary field of14 fices in the United States to be staffed by sur15 face transportation security inspectors in the 

16 course of carrying out their duties under this 

17 section. 

18 ‘‘(B) DESIGNATION.—The locations for, 

19 and designation as ‘primary’ or ‘secondary’ of, 

20 such field offices shall be determined in a man21 ner that is consistent with the Department’s 

22 risk-based approach to carrying out its home23 land security mission. 

24 ‘‘(C) COMMAND STRUCTURE.— 


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1 ‘‘(i) PRIMARY FIELD OFFICES.—Each 

2 primary field office shall be led by a chief 

3 surface transportation security inspector, 

4 who shall have significant experience as a 

5 surface transportation security inspector 

6 and shall report directly to the Director. 

7 ‘‘(ii) SECONDARY FIELD OFFICES.— 

8 Each secondary field office shall be led by 

9 a senior surface transportation security in10 spector, who shall report directly to the 

11 chief surface transportation security in12 spector of a geographically appropriate pri13 mary field office, as determined by the Di14 rector. 

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

16 months after the date of enactment of the 

17 Transportation Security Administration Author18 ization Act, field offices shall be staffed with— 

19 ‘‘(i) not fewer than 7 surface trans20 portation security inspectors, including one 

21 chief surface transportation security in22 spector, at every primary field office; and 

23 ‘‘(ii) not fewer than 5 surface trans24 portation security inspectors, including one 


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1 senior surface transportation security in2 spector, at every secondary field office.’’. 

3 (d) NUMBER OF INSPECTORS.—Section 1304(f) of 

4 such Act (6 U.S.C. 1113(f)) is amended to read as follows: 

5 ‘‘(f) NUMBER OF INSPECTORS.—Subject to the avail6 ability of appropriations, the Secretary shall hire not fewer 

7 than— 

8 ‘‘(1) 200 additional surface transportation secu9 rity inspectors in fiscal year 2010; and 

10 ‘‘(2) 100 additional surface transportation secu11 rity inspectors in fiscal year 2011.’’. 

12 (e) COORDINATION.—Section 1304(g) of such Act (6 

13 U.S.C. 1113(g)) is amended by striking ‘‘114(t)’’ and in14 serting ‘‘114(s)’’. 

15 (f) REPORT.—Section 1304(i) of such Act (6 U.S.C. 

16 1113(i)) is amended to by striking ‘‘2008’’ and inserting 

17 ‘‘2011’’. 

18 (g) PLAN.—Section 1304(j) of such Act (6 U.S.C. 

19 1113(j)) is amended to read as follows: 

20 ‘‘(j) PLAN.— 

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

22 after the date of enactment of the Transportation 

23 Security Administration Authorization Act, the Sec24 retary shall submit to the Committee on Homeland 

25 Security of the House of Representatives and the 


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1 Committee on Homeland Security and Governmental 

2 Affairs of the Senate a plan for expanding the duties 

3 and leveraging the expertise of surface transpor4 tation security inspectors to further support the De5 partment’s surface transportation security mission. 

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

7 ‘‘(A) an analysis of how surface transpor8 tation security inspectors could be used to con9 duct oversight activities with respect to surface 

10 transportation security projects funded by rel11 evant grant programs administered by the De12 partment; 

13 ‘‘(B) an evaluation of how to maximize the 

14 use of surface transportation security inspectors 

15 in Visible Intermodal Prevention and Response 

16 team operations carried out under section 1303 

17 and the extent to which having some inspectors 

18 with law enforcement qualifications or status 

19 could enhance their capacity to take an active 

20 role in such operations; and 

21 ‘‘(C) any other potential functions relating 

22 to surface transportation security the Secretary 

23 determines appropriate.’’. 


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1 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 1304 of such Act (6 U.S.C. 1113) is amended by adding 

3 the following: 

4 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—From 

5 amounts authorized under section 101 of the Transpor6 tation Security Administration Authorization Act, there 

7 are authorized to be appropriated such sums as may be 

8 necessary to the Secretary to carry out this section for 

9 fiscal years 2010 and 2011.’’. 

10 SEC. 302. STRENGTHENING VISIBLE INTERMODAL PREVEN11 TION AND RESPONSE TEAMS. 

12 Section 1303 of the Implementing Recommendations 

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

14 amended— 

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

16 of the Transportation Security Administration,’’ and 

17 inserting ‘‘Assistant Secretary’’; 

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

19 inserting ‘‘team as to specific locations and times 

20 within their facilities at which VIPR teams should 

21 be deployed to maximize the effectiveness of such de22 ployment and other matters,’’; and 

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

24 following: 


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

2 year after the date of enactment of the Transportation Se3 curity Administration Authorization Act, the Secretary 

4 shall develop a system of qualitative performance meas5 ures and objectives by which to assess the roles, activities, 

6 and effectiveness of VIPR team operations, including a 

7 mechanism through which the transportation entities list8 ed in subsection (a)(4) may submit feedback on VIPR 

9 team operations involving their systems or facilities. 

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

11 of enactment of the Transportation Security Administra12 tion Authorization Act, the Secretary shall develop and 

13 submit to the Committee on Homeland Security of the 

14 House of Representatives and the Committee on Home15 land Security and Governmental Affairs of the Senate a 

16 plan for ensuring the interoperability of communications 

17 among all participating VIPR team components as des18 ignated under subsection (a)(1) and between VIPR teams 

19 and any relevant transportation entities as designated in 

20 subsection (a)(4) whose systems or facilities are hosting 

21 VIPR team operations, including an analysis of the costs 

22 and resources required to carry out the plan. 

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

24 amounts authorized under section 101 of the Transpor25 tation Security Administration Authorization Act, there 


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1 are authorized to be appropriated to the Secretary to carry 

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

3 years 2010 and 2011.’’. 

4 SEC. 303. SURFACE TRANSPORTATION SECURITY STAKE5 HOLDER PARTICIPATION. 

6 (a) IN GENERAL.—Subchapter II of chapter 4 of title 

7 6, United States Code, is amended by adding at the end 

8 the following: 

9 ‘‘§ 1118. Surface Transportation Security Advisory 

10 Committee. 

11 ‘‘(a) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish in the Transportation Security Administration 

14 an advisory committee, to be known as the ‘Surface 

15 Transportation Security Advisory Committee’ (in 

16 this chapter referred to as the ‘Advisory Com17 mittee’), to assist the Secretary with issues per18 taining to surface transportation security. 

19 ‘‘(2) RECOMMENDATIONS.— 

20 ‘‘(A) IN GENERAL.—The Secretary, acting 

21 through the Assistant Secretary, shall require 

22 the Advisory Committee to develop rec23 ommendations for improvements to surface 

24 transportation security planning, methods, 

25 equipment, and processes. 


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1 ‘‘(B) PRIORITY ISSUES.—Not later than 

2 one year after the date of enactment of the 

3 Transportation Security Administration Author4 ization Act, the Advisory Committee shall pro5 vide the Secretary with recommendations on— 

6 ‘‘(i) improving homeland security in7 formation sharing between components of 

8 the Department and surface transportation 

9 security stakeholders, including those rep10 resented on the Advisory Committee; and 

11 ‘‘(ii) streamlining or consolidating re12 dundant security background checks re13 quired by the Department under relevant 

14 statutes governing surface transportation 

15 security, as well as redundant security 

16 background checks required by States 

17 where there is no legitimate homeland se18 curity basis for requiring such checks. 

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

20 require the Advisory Committee to meet at least 

21 semi-annually and may convene additional meetings 

22 as necessary. 

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

24 Members shall serve at their own expense and re25 ceive no salary, reimbursement for travel expenses, 


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1 or other compensation from the Federal Govern2 ment. 

3 ‘‘(b) MEMBERSHIP.— 

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

5 shall ensure that the Advisory Committee is com6 posed of not more than 27 members, including rep7 resentatives from public transportation agencies, 

8 passenger rail agencies or operators, railroad car9 riers, motor carriers, owners or operators of high10 ways, over-the-road bus operators and terminal own11 ers and operators, pipeline operators, labor organiza12 tions representing employees of such entities, and 

13 the surface transportation security technology indus14 try. 

15 ‘‘(2) REPRESENTATIVES.—The representatives 

16 listed in paragraph (1) shall have at least one mem17 ber on the Advisory Committee, but not more than 

18 a maximum of three members. 

19 ‘‘(3) APPOINTMENT.—Members shall be ap20 pointed by the Assistant Secretary. 

21 ‘‘(4) REVIEW.—The Assistant Secretary shall 

22 have the discretion to review the participation of any 

23 Advisory Committee Member and recommend 

24 changes for cause at any time. 


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1 ‘‘(c) NONAPPLICABILITY OF FACA.—The Federal Ad2 visory Committee Act (5 U.S.C. App.) shall not apply to 

3 the Advisory Committee. 

4 ‘‘(d) PASSENGER RAIL AND PUBLIC TRANSPOR5 TATION SECURITY WORKING GROUP.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish within the Advisory Committee a passenger rail 

8 and public transportation security working group to 

9 provide recommendations for successful implementa10 tion of initiatives relating to passenger and public 

11 transportation security proposed by the Transpor12 tation Security Administration in accordance with 

13 statutory requirements, including relevant grant pro14 grams, security training provisions, and Visible 

15 Intermodal Prevention and Response Team (VIPR) 

16 operations. 

17 ‘‘(2) MEETINGS.—The working group shall 

18 meet at least semi-annually and provide annual re19 ports to the Secretary with recommendations to im20 prove the Transportation Security Administration’s 

21 initiatives relating to passenger rail and public 

22 transportation security, including grant, training, in23 spection, or other relevant programs authorized in 

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1 ommendations of the 9/11 Commission Act of 2007 

2 (Public Law 110–53). 

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

4 be composed of members from the Advisory Com5 mittee with expertise in public transportation and 

6 passenger rail systems and security operations, all 

7 appointed by the Assistant Secretary. 

8 ‘‘(4) REPORTS.— 

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

10 shall prepare and submit reports to the Sec11 retary in accordance with this paragraph that 

12 provide recommendations as described in para13 graphs (1) and (2) of this subsection. 

14 ‘‘(B) SUBMISSION.—Not later than one 

15 year after the date of enactment of the Trans16 portation Security Administration Authorization 

17 Act, and on an annual basis thereafter, the 

18 working group shall submit a report on findings 

19 and recommendations developed under subpara20 graph (A) to the Secretary. 

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

22 ‘‘(1) IN GENERAL.—The Secretary shall estab23 lish within the Advisory Committee a freight rail se24 curity working group to provide recommendations 

25 for successful implementation of initiatives relating 


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1 to freight rail security proposed by the Transpor2 tation Security Administration in accordance with 

3 statutory requirements, including relevant grant pro4 grams, security training provisions, and security 

5 planning. 

6 ‘‘(2) MEETINGS.—The working group shall 

7 meet at least semi-annually and provide annual re8 ports to the Secretary with recommendations to im9 prove the Transportation Security Administration’s 

10 initiatives relating to freight rail security, including 

11 grant, training, inspection, or other relevant pro12 grams authorized in titles XIII and XV of the Im13 plementing Recommendations of the 9/11 Commis14 sion Act of 2007 (Public Law 110–53). 

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

16 be composed of members from the Advisory Com17 mittee with expertise in freight rail systems and se18 curity operations, all appointed by the Assistant Sec19 retary. 

20 ‘‘(4) REPORTS.— 

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

22 shall prepare and submit reports to the Sec23 retary in accordance with this paragraph that 

24 provide recommendations as described in para25 graphs (1) and (2) of this subsection. 


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1 ‘‘(B) SUBMISSION.—Not later than one 

2 year after the date of enactment of the Trans3 portation Security Administration Authorization 

4 Act, and on an annual basis thereafter, the 

5 working group shall submit a report on findings 

6 and recommendations developed under subpara7 graph (A) to the Secretary.’’. 

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

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

‘‘1118. Surface Transportation Security Advisory Committee.’’. 

10 SEC. 304. HUMAN CAPITAL PLAN FOR SURFACE TRANSPOR11 TATION SECURITY PERSONNEL. 

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

13 date of enactment of this Act, the Secretary, acting 

14 through the Assistant Secretary shall submit to the Com15 mittee on Homeland Security of the House of Representa16 tives and the Committee on Homeland Security and Gov17 ernmental Affairs of the Senate a human capital plan for 

18 hiring, training, managing, and compensating surface 

19 transportation security personnel, including surface trans20 portation security inspectors. 

21 (b) CONSULTATION.—In developing the human cap22 ital plan, the Secretary shall consult with the chief human 

23 capital officer of the Department of Homeland Security, 

24 the Assistant Secretary, the Director of the Surface 

25 Transportation Security Inspection Office, the Inspector 


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1 General of the Department of Homeland Security, and the 

2 Comptroller General. 

3 (c) APPROVAL.—Prior to submission, the human cap4 ital plan shall be reviewed and approved by the chief 

5 human capital officer of the Department of Homeland Se6 curity. 

7 SEC. 305. SURFACE TRANSPORTATION SECURITY TRAIN8 ING. 

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

10 the date of enactment of this Act, the Secretary shall sub11 mit a report to the Committee on Homeland Security of 

12 the House of Representatives and the Committee on 

13 Homeland Security and Governmental Affairs of the Sen14 ate on the status of the Department’s implementation of 

15 sections 1408, 1517, and 1534 of the Implementing Rec16 ommendations of the 9/11 Commission Act of 2007 (6 

17 U.S.C. 1137, 1167, and 1184), including detailed time18 frames for completed development and issuance of the 

19 transportation security training regulations required 

20 under such sections. 

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

22 after the date of enactment of this Act, the Secretary, act23 ing through the Assistant Secretary, shall develop criteria 

24 for approving and maintaining a list governed by such cri25 teria, of approved private third-party providers of security 


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1 training with whom surface transportation entities may 

2 enter into contracts, as needed, for the purpose of satis3 fying security training requirements of the Department of 

4 Homeland Security, including requirements developed 

5 under sections 1408, 1517, and 1534 of the Implementing 

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

7 U.S.C. 1137, 1167, and 1184), and ensure the use of 

8 small and disadvantaged businesses as third-party pro9 viders for security training under this section in accord10 ance with section 103 of this Act. 

11 SEC. 306. SECURITY ASSISTANCE IG REPORT. 

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

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

14 the Department of Homeland Security shall submit to the 

15 Committee on Homeland Security of the House of Rep16 resentatives and the Committee on Homeland Security 

17 and Governmental Affairs of the Senate a report on the 

18 roles and responsibilities of the Transportation Security 

19 Administration and any other relevant component of the 

20 Department of Homeland Security in administering secu21 rity assistance grants under section 1406 of the Imple22 menting Recommendations of the 9/11 Commission Act of 

23 2007 (6 U.S.C. 1135). 

24 (b) CONTENTS.—The report shall— 


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1 (1) clarify and describe the roles and respon2 sibilities of each relevant component of the Depart3 ment, including the Transportation Security Admin4 istration, at different stages of the grant process, in5 cluding the allocation stage, the award stage, and 

6 the distribution stage; 

7 (2) identify areas in which relevant components 

8 of the Department, including the Transportation Se9 curity Administration, may better integrate or co10 ordinate their activities in order to streamline the 

11 grant administration process and improve the effi12 ciency of the project approval process for grantees; 

13 (3) assess the current state of public transpor14 tation and passenger rail security expertise pos15 sessed by relevant personnel involved in the grant 

16 administration or project approval processes carried 

17 out by relevant components of the Department, in18 cluding the Transportation Security Administration; 

19 and 

20 (4) include recommendations for how each rel21 evant component of the Department, including the 

22 Transportation Security Administration, may further 

23 clarify, coordinate, or maximize its roles and respon24 sibilities in administering grant funds and approving 

25 grant projects under section 1406. 


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1 SEC. 307. INTERNATIONAL LESSONS LEARNED FOR SECUR2 ING PASSENGER RAIL AND PUBLIC TRANS3 PORTATION SYSTEMS. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) numerous terrorist attacks since September 

6 11, 2001, have targeted passenger rail or public 

7 transportation systems; 

8 (2) nearly 200 people were killed and almost 

9 2,000 more were injured when terrorists set off 10 

10 simultaneous explosions on 4 commuter trains in 

11 Madrid, Spain, on March 11, 2004; 

12 (3) 50 people were killed and more than 700 in13 jured in successive bombings of 3 transit stations 

14 and a public bus in London, England, on July 7, 

15 2005, and a second attack against 4 similar targets 

16 on July 21, 2005, failed because of faulty deto17 nators; 

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

19 than 700 injured in simultaneous terrorist bombings 

20 of commuter trains on the Western Line in the sub21 urbs of Mumbai, India, on July 11, 2006; 

22 (5) the acts of terrorism in Mumbai, India, on 

23 November 26, 2008, included commando-style at24 tacks on a major railway station; and 

25 (6) a disproportionately low amount of atten26 tion and resources have been devoted to surface 


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1 transportation security by the Department of Home2 land Security, including the security of passenger 

3 rail and public transportation systems, as compared 

4 with aviation security, which has been the primary 

5 focus of Federal transportation security efforts gen6 erally, and of the Transportation Security Adminis7 tration in particular. 

8 (b) STUDY.—The Comptroller General shall conduct 

9 a study on the efforts undertaken by the Secretary and 

10 Assistant Secretary, as well as other entities determined 

11 by the Comptroller General to have made significant ef12 forts since January 1, 2004, to learn from foreign nations 

13 that have been targets of terrorist attacks on passenger 

14 rail and public transportation systems in an effort to iden15 tify lessons learned from the experience of such nations 

16 to improve the execution of Department functions to ad17 dress transportation security gaps in the United States. 

18 (c) REPORT.— 

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

20 after the date of enactment of this Act, the Comp21 troller General shall submit to the Committee on 

22 Homeland Security of the House of Representatives 

23 and the Committee on Homeland Security and Gov24 ernmental Affairs of the Senate a report on the re25 sults of the study. The report shall also include an 


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1 analysis of relevant legal differences that may affect 

2 the ability of the Department to apply lessons 

3 learned. 

4 (2) RECOMMENDATIONS.—The Comptroller 

5 General shall include in the report recommendations 

6 on how the Department and its components, includ7 ing the Transportation Security Administration, can 

8 expand efforts to learn from the expertise and the 

9 security practices of passenger rail and public trans10 portation systems in foreign nations that have expe11 rienced terrorist attacks on such systems. 

12 SEC. 308. UNDERWATER TUNNEL SECURITY DEMONSTRA13 TION PROJECT. 

14 (a) DEMONSTRATION PROJECT.—The Secretary, act15 ing through the Assistant Secretary and in consultation 

16 with the Under Secretary for Science and Technology, 

17 shall conduct a full-scale demonstration project to test and 

18 assess the feasibility and effectiveness of certain tech19 nologies to enhance the security of underwater public 

20 transportation tunnels against terrorist attacks involving 

21 the use of improvised explosive devices. 

22 (b) INFLATABLE PLUGS.—At least one of the tech23 nologies tested under subsection (a) shall be inflatable 

24 plugs that may be rapidly deployed to prevent flooding of 

25 a tunnel. 


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

2 after completion of the demonstration project under this 

3 section, the Secretary shall submit a report to the appro4 priate committees of Congress, including the Committee 

5 on Homeland Security of the House of Representatives, 

6 on the results of the demonstration project. 

7 SEC. 309. PASSENGER RAIL SECURITY DEMONSTRATION 

8 PROJECT. 

9 (a) DEMONSTRATION PROJECT.—The Secretary, act10 ing through the Assistant Secretary and in consultation 

11 with the Under Secretary for Science and Technology, 

12 shall conduct a demonstration project in a passenger rail 

13 system to test and assess the feasibility and effectiveness 

14 of technologies to strengthen the security of passenger rail 

15 systems against terrorist attacks involving the use of im16 provised explosive devices. 

17 (b) SECURITY TECHNOLOGIES.—The demonstration 

18 project under this section shall test and assess tech19 nologies to— 

20 (1) detect improvised explosive devices on sta21 tion platforms, through the use of foreign object de22 tection programs in conjunction with cameras; and 

23 (2) defeat improvised explosive devices left on 

24 rail tracks. 


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

2 after completion of the demonstration project under this 

3 section, the Secretary shall submit a report to the appro4 priate committees of Congress, including the Committee 

5 on Homeland Security of the House of Representatives, 

6 on the results of the demonstration project. 

7 SEC. 310. REPORT AND RECOMMENDATION FOR UNIFORM 

8 SECURITY BACKGROUND CHECKS. 

9 Not later than one year after the date of enactment 

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

11 Committee on Homeland Security of the House of Rep12 resentatives a report that contains— 

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

14 identification required under State and local trans15 portation security programs; 

16 (2) a determination as to whether the back17 ground checks and forms of identification required 

18 under such programs duplicate or conflict with Fed19 eral programs; and 

20 (3) recommendations on limiting the number of 

21 background checks and forms of identification re22 quired under such programs to reduce or eliminate 

23 duplication with Federal programs. 


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1 SEC. 311. EXPLOSIVES DETECTION CANINE TEAMS. 

2 Section 1307 of the Implementing Recommendations 

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

4 amended— 

5 (1) in subsection (b)— 

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

7 ‘‘2010’’ and inserting ‘‘2011’’; and 

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

9 paragraph: 

10 ‘‘(3) CANINE TEAMS FOR PUBLIC TRANSPOR11 TATION SECURITY.—The Secretary shall increase the 

12 number of canine teams certified by the Transpor13 tation Security Administration for the purposes of 

14 public transportation activities to not less than 100 

15 canine teams by the end of fiscal year 2011.’’; 

16 (2) in subsection (d)— 

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

18 (B) in paragraph (4), by striking the pe19 riod at the end and inserting the following: ‘‘; 

20 and’’; and 

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

22 paragraph: 

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

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1 tion with the Assistant Secretary, determines appro2 priate.’’; 

3 (3) in subsection (e), by striking ‘‘, if appro4 priate,’’ and inserting ‘‘, to the extent practicable,’’ 

5 ; and 

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

7 following new subsection (f): 

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

9 of the enactment of the Transportation Security Adminis10 tration Authorization Act, the Comptroller General shall 

11 submit to the appropriate congressional committees a re12 port on— 

13 ‘‘(1) utilization of explosives detection canine 

14 teams to strengthen security in public transportation 

15 environments; 

16 ‘‘(2) the capacity of the national explosive de17 tection canine team program as a whole; and 

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

19 support State and local public transportation entities 

20 in keeping and maintaining canine teams for the life 

21 of the canine, including by providing financial assist22 ance.’’. 

23 SEC. 312. ANIMAL-PROPELLED VESSELS. 

24 Notwithstanding section 70105 of title 46, United 

25 States Code, the Secretary shall not require an individual 


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1 to hold a transportation security card, or be accompanied 

2 by another individual who holds such a card if— 

3 (1) the individual has been issued a license, cer4 tificate of registry, or merchant mariner’s document 

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

6 Code; 

7 (2) the individual is not allowed unescorted ac8 cess to a secure area designated in a vessel or facil9 ity security plan approved by the Secretary; and 

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

11 a live animal-propelled vessel. 

Æ 


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