IIB 

111TH CONGRESS 

1ST SESSION H. R. 2200 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2009 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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, 


smartinez on PROD1PC64 with BILLS
2 

HR 2200 RFS 

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. 

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. 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. 

Sec. 214. Known air traveler credential. 

Sec. 215. Limitations on use of whole-body imaging technology for aircraft passenger screening. 

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. IG report on certain policies for Federal air marshals. 

Sec. 229. Explosives detection canine teams minimum for aviation security. 

Sec. 230. Assessments and GAO Report of inbound air cargo screening. 

Sec. 231. Status of efforts to promote air cargo shipper certification. 


smartinez on PROD1PC64 with BILLS
3 

HR 2200 RFS 

Sec. 232. Full and open competition in security background screening service. 

Sec. 233. Trusted passenger/Registered Traveler program. 

Sec. 234. Report on cabin crew communication. 

Sec. 235. Air cargo crew training. 

Sec. 236. Reimbursement for airports that have incurred eligible costs. 

Sec. 237. Report on whole body imaging technology. 

Sec. 238. Protective equipment. 

Sec. 239. Security screening for members of the Armed Forces. 

Sec. 240. Report on complaints and claims for loss of property from passenger 

baggage. 

Sec. 241. Report on certain security plan. 

Sec. 242. Study on combination of facial and iris recognition. 

Sec. 243. Issuance of regulations and security directives using emergency procedures. 

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. Improvement of public transportation security assistance. 

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. 

Sec. 312. Deputy Assistant Secretary for surface transportation security. 

Sec. 313. Public hearings on security assistance grant program and the restriction of security improvement priorities. 

TITLE IV—TRANSPORTATION SECURITY ENHANCEMENTS 

Subtitle A—Security Enhancements 

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; redundant background checks. 

Sec. 404. Harmonizing security card expirations. 

Sec. 405. Securing aviation from extreme terrorist threats. 

Sec. 406. Pipeline security study. 

Sec. 407. Transportation security administration centralized training facility. 

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. 


smartinez on PROD1PC64 with BILLS
4 

HR 2200 RFS 

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). 

7 (2) ADMINISTRATION.—The term ‘‘Administra8 tion’’ means the Transportation Security Adminis9 tration. 

10 (3) AVIATION SECURITY ADVISORY COM11 MITTEE.—The term ‘‘Aviation Security Advisory 

12 Committee’’ means the advisory committee estab13 lished by section 44946 of title 49, United States 

14 Code, as added by this Act. 

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

16 the Secretary of Homeland Security. 

17 SEC. 3. AUTHORITIES VESTED IN ASSISTANT SECRETARY. 

18 Any authority vested in the Assistant Secretary under 

19 this Act shall be carried out under the direction and con20 trol of the Secretary. 

21 TITLE I—AUTHORIZATION OF 

22 APPROPRIATIONS 

23 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

24 There are authorized to be appropriated to the Sec25 retary $7,604,561,000 for fiscal year 2010 and 

26 $8,060,835,000 for fiscal year 2011 for the necessary exVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
5 

HR 2200 RFS 

1 penses of the Transportation Security Administration for 

2 such fiscal years. 

3 SEC. 102. RISK-BASED SYSTEM FOR ALLOCATION OF RE4 SOURCES. 

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

6 of enactment of this Act, the Assistant Secretary shall 

7 submit to the appropriate congressional committees, in8 cluding the Committee on Homeland Security of the 

9 House of Representatives, a report on the status of its 

10 implementation of recommendations from the Comptroller 

11 General with respect to the use by the Transportation Se12 curity Administration of a risk-based system for allocating 

13 security resources effectively. 

14 (b) ASSESSMENTS.—The report shall include assess15 ments of the Transportation Security Administration’s 

16 progress in— 

17 (1) adopting security goals that define specific 

18 outcomes, conditions, end points, and performance 

19 targets; 

20 (2) conducting comprehensive risk assessments 

21 for the transportation sector that meet the criteria 

22 established under Homeland Security Presidential 

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

24 combine individual assessments of threat, vulner25 ability, and consequence; 


smartinez on PROD1PC64 with BILLS
6 

HR 2200 RFS 

1 (3) analyzing the assessments described in 

2 paragraph (2) to produce a comparative analysis of 

3 risk across the entire transportation sector to guide 

4 current and future investment decisions; 

5 (4) establishing an approach for gathering data 

6 on investments by State, local, and private sector se7 curity partners in transportation security; 

8 (5) establishing a plan and corresponding 

9 benchmarks for conducting risk assessments for the 

10 transportation sector that identify the scope of the 

11 assessments and resource requirements for com12 pleting them; 

13 (6) working with the Department of Homeland 

14 Security to effectuate the Administration’s risk man15 agement approach by establishing a plan and time16 frame for assessing the appropriateness of the Ad17 ministration’s intelligence-driven risk management 

18 approach for managing risk at the Administration 

19 and documenting the results of the assessment once 

20 completed; 

21 (7) determining the best approach for assigning 

22 uncertainty or confidence levels to analytic intel23 ligence products related to the Transportation Secu24 rity Administration’s security mission and applying 

25 such approach; and 


smartinez on PROD1PC64 with BILLS
7 

HR 2200 RFS 

1 (8) establishing internal controls, including— 

2 (A) a focal point and clearly defined roles 

3 and responsibilities for ensuring that the Ad4 ministration’s risk management framework is 

5 implemented; 

6 (B) policies, procedures, and guidance that 

7 require the implementation of the Administra8 tion’s framework and completion of related 

9 work activities; and 

10 (C) a system to monitor and improve how 

11 effectively the framework is being implemented. 

12 (c) ASSESSMENT AND PRIORITIZATION OF RISKS.— 

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

14 threat assessments required under sections 

15 114(s)(3)(B) and 44904(c) of title 49, United States 

16 Code, the report shall include— 

17 (A) a summary that ranks the risks within 

18 and across transportation modes, including vul19 nerability of a cyber attack; and 

20 (B) a description of the risk-based prior21 ities for securing the transportation sector, both 

22 within and across modes, in the order that the 

23 priorities should be addressed. 

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


smartinez on PROD1PC64 with BILLS
8 

HR 2200 RFS 

1 (A) describe the underlying methodologies 

2 used to assess risks across and within each 

3 transportation mode and the basis for any as4 sumptions regarding threats, vulnerabilities, 

5 and consequences made in assessing and 

6 prioritizing risks within and across such modes; 

7 and 

8 (B) include the Assistant Secretary’s work9 ing definition of the terms ‘‘risk-based’’ and 

10 ‘‘risk-informed’’. 

11 (d) FORMAT.—The report shall be submitted in clas12 sified or unclassified formats, as appropriate. 

13 TITLE II—AVIATION SECURITY 

14 Subtitle A—Amendments to 

15 Chapter 449 

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

17 (a) INBOUND AIR CARGO ON PASSENGER AIR18 CRAFT.—Section 44901(g) of title 49, United States Code, 

19 is amended— 

20 (1) by redesignating paragraphs (3), (4), and 

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

22 (2) by inserting after paragraph (2) the fol23 lowing: 

24 ‘‘(3) INBOUND AIR CARGO ON PASSENGER AIR25 CRAFT.—Not later than 2 years after the date of enVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
9 

HR 2200 RFS 

1 actment of the Transportation Security Administra2 tion Authorization Act, the Assistant Secretary shall 

3 establish a system to verify that all cargo trans4 ported on passenger aircraft operated by an air car5 rier or foreign air carrier inbound to the United 

6 States be screened for explosives. The system shall 

7 include a risk assessment for inbound air cargo on 

8 passenger and all air cargo airplanes, and the As9 sistant Secretary shall use this assessment to ad10 dress vulnerabilities in cargo screening. The Assist11 ant Secretary shall identify redundancies in inbound 

12 cargo inspection on passenger aircraft by agencies 

13 and address these to ensure that all cargo is 

14 screened without subjecting carriers to multiple in15 spections by different agencies.’’. 

16 (b) MANDATORY SCREENING WHERE EDS IS NOT

17 YET AVAILABLE.—Section 44901(e)(1) of title 49, United 

18 States Code, is amended to read as follows: 

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

20 checked baggage is placed aboard an aircraft unless 

21 the passenger who checked the baggage is aboard 

22 the aircraft, is not authorized as an alternate meth23 od of baggage screening where explosive detection 

24 equipment is available unless there are exigent cir25 cumstances as determined by the Assistant SecVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
10 

HR 2200 RFS 

1 retary. The Assistant Secretary shall report to the 

2 Committee on Homeland Security of the House of 

3 Representatives within 90 days of the determination 

4 that bag match must be used as an alternate method 

5 of baggage screening.’’. 

6 SEC. 202. PROHIBITION OF ADVANCE NOTICE OF COVERT 

7 TESTING TO SECURITY SCREENERS. 

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

9 United States Code, is amended— 

10 (1) by redesignating the second subsection (i) 

11 (as redesignated by section 111(a)(1) of Public Law 

12 107–71 (115 Stat. 616), relating to accessibility of 

13 computer-based training facilities) as subsection (k); 

14 and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(l) PROHIBITION OF ADVANCE NOTICE TO SECU18 RITY SCREENERS OF COVERT TESTING AND EVALUA19 TION.— 

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

21 shall ensure that information concerning a covert 

22 test of a transportation security system to be con23 ducted by a covert testing office, the Inspector Gen24 eral of the Department of Homeland Security, or the 


smartinez on PROD1PC64 with BILLS
11 

HR 2200 RFS 

1 Government Accountability Office is not provided to 

2 any individual prior to the completion of the test. 

3 ‘‘(2) EXCEPTIONS.—Notwithstanding para4 graph (1)— 

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

6 covert test of a transportation security system 

7 may provide information concerning the covert 

8 test to— 

9 ‘‘(i) employees, officers, and contrac10 tors of the Federal Government (including 

11 military personnel); 

12 ‘‘(ii) employees and officers of State 

13 and local governments; and 

14 ‘‘(iii) law enforcement officials who 

15 are authorized to receive or directed to be 

16 provided such information by the Assistant 

17 Secretary, the Inspector General of the De18 partment of Homeland Security, or the 

19 Comptroller General, as the case may be; 

20 and 

21 ‘‘(B) for the purpose of ensuring the secu22 rity of any individual in the vicinity of a site 

23 where a covert test of a transportation security 

24 system is being conducted, an individual con25 ducting the test may disclose his or her status 


smartinez on PROD1PC64 with BILLS
12 

HR 2200 RFS 

1 as an individual conducting the test to any ap2 propriate individual if a security screener or 

3 other individual who is not a covered employee 

4 identifies the individual conducting the test as 

5 a potential threat. 

6 ‘‘(3) SPECIAL RULES FOR TSA.— 

7 ‘‘(A) MONITORING AND SECURITY OF

8 TESTING PERSONNEL.—The head of each covert 

9 testing office shall ensure that a person or 

10 group of persons conducting a covert test of a 

11 transportation security system for the covert 

12 testing office is accompanied at the site of the 

13 test by a cover team composed of one or more 

14 employees of the covert testing office for the 

15 purpose of monitoring the test and confirming 

16 the identity of personnel involved in the test 

17 under subparagraph (B). 

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

19 Under this paragraph, a cover team for a covert 

20 test of a transportation security system shall— 

21 ‘‘(i) monitor the test; and 

22 ‘‘(ii) for the purpose of ensuring the 

23 security of any individual in the vicinity of 

24 a site where the test is being conducted, 

25 confirm, notwithstanding paragraph (1), 


smartinez on PROD1PC64 with BILLS
13 

HR 2200 RFS 

1 the identity of any individual conducting 

2 the test to any appropriate individual if a 

3 security screener or other individual who is 

4 not a covered employee identifies the indi5 vidual conducting the test as a potential 

6 threat. 

7 ‘‘(C) AVIATION SCREENING.—Notwith8 standing subparagraph (A), the Transportation 

9 Security Administration is not required to have 

10 a cover team present during a test of the 

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

12 baggage at an aviation security checkpoint at or 

13 serving an airport if the test— 

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

15 the designated security official for the air16 port operator by the Federal Security Di17 rector for such airport; and 

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

19 screening assessment program of the De20 partment of Homeland Security. 

21 ‘‘(D) USE OF OTHER PERSONNEL.—The 

22 Transportation Security Administration may 

23 use employees, officers, and contractors of the 

24 Federal Government (including military perVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
14 

HR 2200 RFS 

1 sonnel) and employees and officers of State and 

2 local governments to conduct covert tests. 

3 ‘‘(4) DEFINITIONS.—In this subsection, the fol4 lowing definitions apply: 

5 ‘‘(A) APPROPRIATE INDIVIDUAL.—The 

6 term ‘appropriate individual’, as used with re7 spect to a covert test of a transportation secu8 rity system, means any individual that— 

9 ‘‘(i) the individual conducting the test 

10 determines needs to know his or her status 

11 as an individual conducting a test under 

12 paragraph (2)(B); or 

13 ‘‘(ii) the cover team monitoring the 

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

15 needs to know the identity of an individual 

16 conducting the test. 

17 ‘‘(B) COVERED EMPLOYEE.—The term 

18 ‘covered employee’ means any individual who 

19 receives notice of a covert test before the com20 pletion of a test under paragraph (2)(A). 

21 ‘‘(C) COVERT TEST.— 

22 ‘‘(i) IN GENERAL.—The term ‘covert 

23 test’ means an exercise or activity con24 ducted by a covert testing office, the In25 spector General of the Department of 


smartinez on PROD1PC64 with BILLS
15 

HR 2200 RFS 

1 Homeland Security, or the Government Ac2 countability Office to intentionally test, 

3 compromise, or circumvent transportation 

4 security systems to identify vulnerabilities 

5 in such systems. 

6 ‘‘(ii) LIMITATION.—Notwithstanding 

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

8 mean an exercise or activity by an em9 ployee or contractor of the Transportation 

10 Security Administration to test or assess 

11 compliance with relevant regulations. 

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

13 ‘covert testing office’ means any office of the 

14 Transportation Security Administration des15 ignated by the Assistant Secretary to conduct 

16 covert tests of transportation security systems. 

17 ‘‘(E) EMPLOYEE OF A COVERT TESTING

18 OFFICE.—The term ‘employee of a covert test19 ing office’ means an individual who is an em20 ployee of a covert testing office or a contractor 

21 or an employee of a contractor of a covert test22 ing office.’’. 

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

24 amended— 


smartinez on PROD1PC64 with BILLS
16 

HR 2200 RFS 

1 (1) by striking ‘‘The Under Secretary’’ and in2 serting the following: 

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

4 Secretary’’; and 

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

6 ‘‘(2) ALLOWANCE.—The Assistant Secretary 

7 may grant a uniform allowance of not less than 

8 $300 to any individual who screens passengers and 

9 property pursuant to section 44901.’’. 

10 SEC. 203. SECURE VERIFICATION SYSTEM FOR LAW EN11 FORCEMENT OFFICERS. 

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

13 amended by adding at the end the following: 

14 ‘‘(e) SECURE VERIFICATION SYSTEM FOR LAW EN15 FORCEMENT OFFICERS.— 

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

17 shall develop a plan for a system to securely verify 

18 the identity and status of law enforcement officers 

19 flying while armed. The Assistant Secretary shall en20 sure that the system developed includes a biometric 

21 component. 

22 ‘‘(2) DEMONSTRATION.—The Assistant Sec23 retary shall conduct a demonstration program to 

24 test the secure verification system described in paraVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
17 

HR 2200 RFS 

1 graph (1) before issuing regulations for deployment 

2 of the system. 

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

4 shall consult with the Aviation Security Advisory 

5 Committee, established under section 44946 of title 

6 49, United States Code, when developing the system 

7 and evaluating the demonstration program. 

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

9 submit a report to the Committee on Homeland Se10 curity of the House of Representatives, evaluating 

11 the demonstration program of the secure verification 

12 system required by this section. 

13 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

14 From the amounts authorized under section 101 of 

15 the Transportation Security Administration Author16 ization Act, there is authorized to be appropriated to 

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

18 available until expended.’’. 

19 SEC. 204. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERV20 ICE. 

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

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

23 by adding at the end the following: 

24 ‘‘(f) OMBUDSMAN.— 


smartinez on PROD1PC64 with BILLS
18 

HR 2200 RFS 

1 ‘‘(1) ESTABLISHMENT.—The Assistant Sec2 retary shall establish in the Federal Air Marshal 

3 Service an Office of the Ombudsman. 

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

5 shall be the Ombudsman, who shall be appointed by 

6 the Assistant Secretary. 

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

8 programs and activities to improve morale, training, 

9 and quality of life issues in the Service, including 

10 through implementation of the recommendations of 

11 the Inspector General of the Department of Home12 land Security and the Comptroller General.’’. 

13 SEC. 205. FEDERAL FLIGHT DECK OFFICER PROGRAM EN14 HANCEMENTS. 

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

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

17 ‘‘The Under Secretary of Transportation for Security’’ 

18 and inserting ‘‘The Secretary of Homeland Security, act19 ing through the Assistant Secretary of Transportation Se20 curity’’. 

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

22 United States Code, is amended— 

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

24 (4), (6), and (7); and 

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


smartinez on PROD1PC64 with BILLS
19 

HR 2200 RFS 

1 ‘‘(8) ADMINISTRATORS.—The Assistant Sec2 retary shall implement an appropriately sized admin3 istrative structure to manage the program, including 

4 overseeing— 

5 ‘‘(A) eligibility and requirement protocols 

6 administration; and 

7 ‘‘(B) communication with Federal flight 

8 deck officers.’’. 

9 (c) TRAINING, SUPERVISION, AND EQUIPMENT.— 

10 Section 44921(c)(2)(C) of such title is amended by adding 

11 at the end the following: 

12 ‘‘(iv) USE OF FEDERAL AIR MARSHAL

13 SERVICE FIELD OFFICE FACILITIES.—In 

14 addition to dedicated Government and con15 tract training facilities, the Assistant Sec16 retary shall require that field office facili17 ties of the Federal Air Marshal Service be 

18 used for the administrative and training 

19 needs of the program. Such facilities shall 

20 be available to Federal flight deck officers 

21 at no cost for firearms training and quali22 fication, defensive tactics training, and 

23 program administrative assistance.’’. 

24 (d) REIMBURSEMENT.—Section 44921 of such title 

25 is amended by adding at the end the following: 


smartinez on PROD1PC64 with BILLS
20 

HR 2200 RFS 

1 ‘‘(l) REIMBURSEMENT.—The Secretary, acting 

2 through the Assistant Secretary, shall reimburse all Fed3 eral flight deck officers for expenses incurred to complete 

4 a recurrent and requalifying training requirement nec5 essary to continue to serve as a Federal flight deck officer. 

6 Eligible expenses under this subsection include ground 

7 transportation, lodging, meals, and ammunition, to com8 plete any required training as determined by the Assistant 

9 Secretary.’’. 

10 SEC. 206. REPAIR STATIONS. 

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

12 amended to read as follows: 

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

14 issue regulations establishing security standards for for15 eign and domestic repair stations performing maintenance 

16 for aircraft used to provide air transportation and shall 

17 ensure that comparable security standards apply to main18 tenance work performed by employees of repair stations 

19 certified under part 121 of title 14, Code of Federal Regu20 lations, and maintenance work performed by employees of 

21 repair stations certified under part 145 of such title.’’. 

22 SEC. 207. ASSISTANT SECRETARY DEFINED. 

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

24 title 49, United States Code, is amended by inserting be25 fore section 44933 the following: 


smartinez on PROD1PC64 with BILLS
21 

HR 2200 RFS 

1 ‘‘§ 44931. Assistant Secretary defined 

2 ‘‘(a) IN GENERAL.—In this chapter— 

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

4 Assistant Secretary of Homeland Security (Trans5 portation Security Administration); and 

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

7 Transportation Security Administration, the Under 

8 Secretary of Transportation for Security, the Under 

9 Secretary of Transportation for Transportation Se10 curity, or the Under Secretary for Transportation 

11 Security shall be deemed to be a reference to the As12 sistant Secretary. 

13 ‘‘(b) AUTHORITIES VESTED IN ASSISTANT SEC14 RETARY.—Any authority vested in the Assistant Secretary 

15 under this chapter shall be carried out under the direction 

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

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

18 subchapter is amended by inserting before the item relat19 ing to section 44933 the following: 

‘‘44931. Assistant Secretary defined.’’. 

20 SEC. 208. TSA AND HOMELAND SECURITY INFORMATION 

21 SHARING. 

22 (a) FEDERAL SECURITY DIRECTOR.—Section 44933 

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

24 (1) in the section heading, by striking ‘‘Man25 agers’’ and inserting ‘‘Directors’’; 


smartinez on PROD1PC64 with BILLS
22 

HR 2200 RFS 

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

2 and inserting ‘‘Director’’; 

3 (3) by striking ‘‘Managers’’ each place it ap4 pears and inserting ‘‘Directors’’; and 

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

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

7 year after the date of enactment of the Transportation Se8 curity Administration Authorization Act, the Assistant 

9 Secretary shall— 

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

11 clear reporting procedures to provide that the Fed12 eral Security Director of the airport is immediately 

13 notified whenever any Federal, State, or local law 

14 enforcement personnel are called to an aircraft at a 

15 gate or on an airfield at the airport to respond to 

16 any security matter; 

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

18 an airport to meet at least quarterly with law en19 forcement agencies serving the airport to discuss in20 cident management protocols; and 

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

22 an airport to inform, consult, and coordinate, as ap23 propriate, with the airport operator in a timely man24 ner on security matters impacting airport operations 

25 and to establish and maintain operational protocols 


smartinez on PROD1PC64 with BILLS
23 

HR 2200 RFS 

1 with airport operators to ensure coordinated re2 sponses to security matters.’’. 

3 (b) CONFORMING AMENDMENTS.— 

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

5 Code, is amended by striking ‘‘Managers’’ and in6 serting ‘‘Directors’’. 

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

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

9 and inserting ‘‘Directors’’. 

10 (c) TECHNICAL AMENDMENT.—The chapter analysis 

11 for chapter 449 is amended by striking the item relating 

12 to section 44933 and inserting the following: 

‘‘44933. Federal Security Directors.’’. 

13 SEC. 209. AVIATION SECURITY STAKEHOLDER PARTICIPA14 TION. 

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

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

17 end the following: 

18 ‘‘§ 44946. Aviation Security Advisory Committee 

19 ‘‘(a) ESTABLISHMENT OF AVIATION SECURITY ADVI20 SORY COMMITTEE.— 

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

22 shall establish in the Transportation Security Ad23 ministration an advisory committee, to be known as 

24 the Aviation Security Advisory Committee (in this 

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


smartinez on PROD1PC64 with BILLS
24 

HR 2200 RFS 

1 assist the Assistant Secretary with issues pertaining 

2 to aviation security, including credentialing. 

3 ‘‘(2) RECOMMENDATIONS.—The Assistant Sec4 retary shall require the Advisory Committee to de5 velop recommendations for improvements to civil 

6 aviation security methods, equipment, and processes. 

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

8 require the Advisory Committee to meet at least 

9 semiannually and may convene additional meetings 

10 as necessary. 

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

12 members shall serve at their own expense and re13 ceive no salary, reimbursement of travel expenses, or 

14 other compensation from the Federal Government. 

15 ‘‘(b) MEMBERSHIP.— 

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

17 Secretary shall ensure that the Advisory Committee 

18 is composed of not more than one individual rep19 resenting not more than 27 member organizations, 

20 including representation of air carriers, all cargo air 

21 transportation, indirect air carriers, labor organiza22 tions representing air carrier employees, aircraft 

23 manufacturers, airport operators, general aviation, 

24 and the aviation technology security industry, in25 cluding biometrics. 


smartinez on PROD1PC64 with BILLS
25 

HR 2200 RFS 

1 ‘‘(2) APPOINTMENTS.—Members shall be ap2 pointed by the Assistant Secretary, and the Assist3 ant Secretary shall have the discretion to review the 

4 participation of any Advisory Committee member 

5 and remove for cause at any time. 

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

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

8 to the Advisory Committee under this section. 

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

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

11 shall establish within the Advisory Committee an air 

12 cargo security working group to provide rec13 ommendations for air cargo security issues, includ14 ing the implementation of the air cargo screening 

15 initiatives proposed by the Transportation Security 

16 Administration to screen air cargo on passenger air17 craft in accordance with established cargo screening 

18 mandates. 

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

20 meet at least semiannually and provide annual re21 ports to the Assistant Secretary with recommenda22 tions to improve the Administration’s cargo screen23 ing initiatives established to meet all cargo screening 

24 mandates set forth in section 44901(g) of title 49, 

25 United States Code. 


smartinez on PROD1PC64 with BILLS
26 

HR 2200 RFS 

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

2 include members from the Advisory Committee with 

3 expertise in air cargo operations and representatives 

4 from other stakeholders as determined by the Assist5 ant Secretary. 

6 ‘‘(4) REPORTS.— 

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

8 shall prepare and submit reports to the Assist9 ant Secretary in accordance with this para10 graph that provide cargo screening mandate im11 plementation recommendations. 

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

13 year after the date of enactment of this section 

14 and on an annual basis thereafter, the working 

15 group shall submit its first report to the Assist16 ant Secretary, including any recommendations 

17 of the group— 

18 ‘‘(i) to reduce redundancies and in19 crease efficiencies with the screening and 

20 inspection of inbound cargo; and 

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

22 fee structure to help sustain cargo screen23 ing efforts.’’. 

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

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

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


smartinez on PROD1PC64 with BILLS
27 

HR 2200 RFS 

1 SEC. 210. GENERAL AVIATION SECURITY. 

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

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

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

5 following: 

6 ‘‘§ 44947. General aviation security 

7 ‘‘(a) GENERAL AVIATION SECURITY GRANT PRO8 GRAM.— 

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

10 shall carry out a general aviation security grant pro11 gram to enhance transportation security at general 

12 aviation airports by making grants to operators of 

13 general aviation airports for projects to enhance pe14 rimeter security, airfield security, and terminal secu15 rity. 

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

17 year after the date of submission of the first report 

18 of the working group under subsection (b), the As19 sistant Secretary shall develop and make publically 

20 available a list of approved eligible projects for such 

21 grants under paragraph (1) based upon rec22 ommendations made by the working group in such 

23 report. 

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

25 the cost of activities for which grants are made 

26 under this subsection shall be 90 percent. 


smartinez on PROD1PC64 with BILLS
28 

HR 2200 RFS 

1 ‘‘(4) PRESUMPTION OF CONGRESS RELATING TO

2 COMPETITIVE PROCEDURES.— 

3 ‘‘(A) PRESUMPTION.—It is the presump4 tion of Congress that grants awarded under 

5 this section will be awarded using competitive 

6 procedures based on risk. 

7 ‘‘(B) REPORT TO CONGRESS.—If grants 

8 are awarded under this section using proce9 dures other than competitive procedures, the 

10 Assistant Secretary shall submit to Congress a 

11 report explaining why competitive procedures 

12 were not used. 

13 ‘‘(b) GENERAL AVIATION SECURITY WORKING

14 GROUP.— 

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

16 shall establish, within the Aviation Security Advisory 

17 Committee established under section 44946, a gen18 eral aviation working group to advise the Transpor19 tation Security Administration regarding transpor20 tation security issues for general aviation facilities, 

21 general aviation aircraft, heliports, and helicopter 

22 operations at general aviation and commercial serv23 ice airports. 


smartinez on PROD1PC64 with BILLS
29 

HR 2200 RFS 

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

2 meet at least semiannually and may convene addi3 tional meetings as necessary. 

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

5 shall appoint members from the Aviation Security 

6 Advisory Committee with general aviation experi7 ence. 

8 ‘‘(4) REPORTS.— 

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

10 shall submit a report to the Assistant Secretary 

11 with recommendations on ways to improve secu12 rity at general aviation airports. 

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

14 of the working group submitted to the Assistant 

15 Secretary under this paragraph shall include 

16 any recommendations of the working group for 

17 eligible security enhancement projects at gen18 eral aviation airports to be funded by grants 

19 under subsection (a). 

20 ‘‘(C) SUBSEQUENT REPORTS.—After sub21 mitting the report, the working group shall con22 tinue to report to the Assistant Secretary on 

23 general aviation aircraft and airports. 

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

25 amounts made available under section 101 of the TransVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
30 

HR 2200 RFS 

1 portation Security Administration Authorization Act, 

2 there is authorized to be appropriated for making grants 

3 under subsection (a) $10,000,000 for each of fiscal years 

4 2010 and 2011. None of the funds appropriated pursuant 

5 to this subsection may be used for a congressional ear6 mark as defined in clause 9d, of Rule XXI of the rules 

7 of the House of Representatives of the 111th Congress.’’. 

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

9 subchapter is further amended by adding at the end the 

10 following: 

‘‘44947. General aviation security.’’. 

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

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

13 is amended— 

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

15 following: 

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

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

18 Transportation Security Administration Authoriza19 tion Act, the Assistant Secretary shall provide ad20 vanced self-defense training of not less than 5 hours 

21 during each 2-year period for all cabin crew22 members. The Assistant Secretary shall consult with 

23 the Advisory Committee, established under section 

24 44946. and cabin crew and air carrier representa25 tives in developing a plan for providing self-defense 


smartinez on PROD1PC64 with BILLS
31 

HR 2200 RFS 

1 training in conjunction with existing recurrent train2 ing.’’; 

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

4 following: 

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

6 be required to engage in any physical contact during 

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

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

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

10 through (6), respectively. 

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

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

13 end the following: ‘‘The Assistant Secretary shall establish 

14 an oversight program for security training of cabin crew15 members that includes developing performance measures 

16 and strategic goals for air carriers, and standard protocols 

17 for Transportation Security Administration oversight in18 spectors, in accordance with recommendations by the In19 spector General of the Department of Homeland Security 

20 and the Comptroller General.’’. 


smartinez on PROD1PC64 with BILLS
32 

HR 2200 RFS 

1 SEC. 212. SECURITY SCREENING OF INDIVIDUALS WITH 

2 METAL IMPLANTS TRAVELING IN AIR TRANS3 PORTATION. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(m) SECURITY SCREENING OF INDIVIDUALS WITH

8 METAL IMPLANTS TRAVELING IN AIR TRANSPOR9 TATION.— 

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

11 shall carry out a program to ensure fair treatment 

12 in the screening of individuals with metal implants 

13 traveling in air transportation. 

14 ‘‘(2) PLAN.—Not later than 6 months after the 

15 date of enactment of the Transportation Security 

16 Administration Authorization Act, the Assistant Sec17 retary shall submit a plan to the Committee on 

18 Homeland Security of the House of Representatives 

19 for improving security screening procedures for indi20 viduals with metal implants to limit disruptions in 

21 the screening process while maintaining security. 

22 The plan shall include an analysis of approaches to 

23 limit such disruptions for individuals with metal im24 plants, and benchmarks for implementing changes to 

25 the screening process and the establishment of a cre26 dential or system that incorporates biometric techVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
33 

HR 2200 RFS 

1 nology and other applicable technologies to verify the 

2 identity of an individual who has a metal implant. 

3 ‘‘(3) PROGRAM.—Not later than 12 months 

4 after the date of enactment of the Transportation 

5 Security Administration Authorization Act, the As6 sistant Secretary shall implement a program to im7 prove security screening procedures for individuals 

8 with metal implants to limit disruptions in the 

9 screening process while maintaining security, includ10 ing a credential or system that incorporates biomet11 ric technology or other applicable technologies to 

12 verify the identity of an individual who has a metal 

13 implant. 

14 ‘‘(4) METAL IMPLANT DEFINED.—In this para15 graph, the term ‘metal implant’ means a metal de16 vice or object that has been surgically implanted or 

17 otherwise placed in the body of an individual, includ18 ing any metal device used in a hip or knee replace19 ment, metal plate, metal screw, metal rod inside a 

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

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

22 after the date of enactment of the Transportation Security 

23 Administration Authorization Act, the Secretary of Home24 land Security shall submit the plan for security screening 

25 procedures for individuals with metal implants, as reVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
34 

HR 2200 RFS 

1 quired by section 44903(m) of title 49, United States 

2 Code. 

3 SEC. 213. PROHIBITION ON OUTSOURCING. 

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

5 Code, is amended by adding at the end the following new 

6 clause: 

7 ‘‘(v) OUTSOURCING PROHIBITED.— 

8 Upon implementation of the advanced pas9 senger prescreening system required by 

10 this section, the Assistant Secretary shall 

11 prohibit any non-governmental entity from 

12 administering the function of comparing 

13 passenger information to the automatic se14 lectee and no fly lists, consolidated and in15 tegrated terrorist watchlists, or any list or 

16 database derived from such watchlists for 

17 activities related to aviation security. The 

18 Assistant Secretary shall report to the 

19 Committee on Homeland Security of the 

20 House of Representatives and the Com21 mittee on Commerce, Science, and Trans22 portation of the Senate when any non-gov23 ernmental entity is authorized access to 

24 the watchlists described in this clause.’’. 


smartinez on PROD1PC64 with BILLS
35 

HR 2200 RFS 

1 SEC. 214. KNOWN AIR TRAVELER CREDENTIAL. 

2 (a) ESTABLISHMENT.—Section 44903(h) of title 49, 

3 United States Code, is amended— 

4 (1) by redesignating paragraph (7) as para5 graph (8); and 

6 (2) by inserting after paragraph (6) the fol7 lowing: 

8 ‘‘(7) KNOWN AIR TRAVELER CREDENTIAL.— 

9 Not later than 6 months after the date of enactment 

10 of the Transportation Security Administration Au11 thorization Act, the Assistant Secretary shall— 

12 ‘‘(A) establish a known air traveler creden13 tial that incorporates biometric identifier tech14 nology; 

15 ‘‘(B) establish a process by which the cre16 dential will be used to verify the identity of 

17 known air travelers and allow them to bypass 

18 airport passenger and carry-on baggage screen19 ing; 

20 ‘‘(C) establish procedures— 

21 ‘‘(i) to ensure that only known air 

22 travelers are issued the known air traveler 

23 credential; 

24 ‘‘(ii) to resolve failures to enroll, false 

25 matches, and false nonmatches relating to 


smartinez on PROD1PC64 with BILLS
36 

HR 2200 RFS 

1 use of the known air traveler credential; 

2 and 

3 ‘‘(iii) to invalidate any known air trav4 eler credential that is lost, stolen, or no 

5 longer authorized for use; 

6 ‘‘(D) begin issuance of the known air trav7 eler credential to each known air traveler that 

8 applies for a credential; and 

9 ‘‘(E) take such other actions with respect 

10 to the known air traveler credential as the As11 sistant Secretary considers appropriate.’’. 

12 (b) KNOWN AIR TRAVELER DEFINED.—Section 

13 44903(h)(8) of such title (as redesignated by subsection 

14 (a) of this section) is amended— 

15 (1) by redesignating subparagraph (F) as sub16 paragraph (G); and 

17 (2) by inserting after subparagraph (E) the fol18 lowing: 

19 ‘‘(F) KNOWN AIR TRAVELER.—The term 

20 ‘known air traveler’ means a United States cit21 izen who— 

22 ‘‘(i) has received a security clearance 

23 from the Federal Government; 


smartinez on PROD1PC64 with BILLS
37 

HR 2200 RFS 

1 ‘‘(ii) is a Federal Aviation Adminis2 tration certificated pilot, flight crew mem3 ber, or cabin crew member; 

4 ‘‘(iii) is a Federal, State, local, tribal, 

5 or territorial government law enforcement 

6 officer not covered by paragraph (6); 

7 ‘‘(iv) is a member of the armed forces 

8 (as defined by section 101 of title 10) who 

9 has received a security clearance from the 

10 Federal Government; or 

11 ‘‘(v) the Assistant Secretary deter12 mines has appropriate security qualifica13 tions for inclusion under this subpara14 graph.’’. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary to carry out the amendments made by this sec18 tion. 

19 SEC. 215. LIMITATIONS ON USE OF WHOLE-BODY IMAGING 

20 TECHNOLOGY FOR AIRCRAFT PASSENGER 

21 SCREENING. 

22 Section 44901 of title 49, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(l) LIMITATIONS ON USE OF WHOLE-BODY IMAG25 ING TECHNOLOGY FOR SCREENING PASSENGERS.— 


smartinez on PROD1PC64 with BILLS
38 

HR 2200 RFS 

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

2 Homeland Security (Transportation Security Admin3 istration) shall ensure that whole-body imaging tech4 nology is used for the screening of passengers under 

5 this section only in accordance with this subsection. 

6 ‘‘(2) PROHIBITION ON USE FOR ROUTINE

7 SCREENING.—Whole-body imaging technology may 

8 not be used as the sole or primary method of screen9 ing a passenger under this section. Whole-body im10 aging technology may not be used to screen a pas11 senger under this section unless another method of 

12 screening, such as metal detection, demonstrates 

13 cause for preventing such passenger from boarding 

14 an aircraft. 

15 ‘‘(3) PROVISION OF INFORMATION.—A pas16 senger for whom screening by whole-body imaging 

17 technology is permissible under paragraph (2) shall 

18 be provided information on the operation of such 

19 technology, on the image generated by such tech20 nology, on privacy policies relating to such tech21 nology, and on the right to request a pat-down 

22 search under paragraph (4) prior to the utilization 

23 of such technology with respect to such passenger. 

24 ‘‘(4) PAT-DOWN SEARCH OPTION.—A passenger 

25 for whom screening by whole-body imaging techVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
39 

HR 2200 RFS 

1 nology is permissible under paragraph (2) shall be 

2 offered a pat-down search in lieu of such screening. 

3 ‘‘(5) PROHIBITION ON USE OF IMAGES.—An 

4 image of a passenger generated by whole-body imag5 ing technology may not be stored, transferred, 

6 shared, or copied in any form after the boarding de7 termination with respect to such passenger is made. 

8 ‘‘(6) REPORT.—Not later than one year after 

9 the date of enactment of this section, and annually 

10 thereafter, the Assistant Secretary shall submit to 

11 Congress a report containing information on the im12 plementation of this subsection, on the number of 

13 passengers for whom screening by whole-body imag14 ing technology was permissible under paragraph (2) 

15 as a percentage of all screened passengers, on the 

16 number of passengers who chose a pat-down search 

17 when presented the offer under paragraph (4) as a 

18 percentage of all passengers presented such offer, on 

19 privacy protection measures taken with respect to 

20 whole-body imaging technology, on privacy violations 

21 that occurred with respect to such technology, and 

22 on the effectiveness of such technology. 

23 ‘‘(7) DEFINITIONS.—In this subsection, the fol24 lowing definitions apply: 


smartinez on PROD1PC64 with BILLS
40 

HR 2200 RFS 

1 ‘‘(A) PAT-DOWN SEARCH.—The term ‘pat2 down search’ means a physical inspection of the 

3 body of an aircraft passenger conducted in ac4 cordance with the Transportation Security Ad5 ministration’s standard operating procedure as 

6 described in the Transportation Security Ad7 ministration’s official training manual. 

8 ‘‘(B) WHOLE-BODY IMAGING TECH9 NOLOGY.—The term ‘whole-body imaging tech10 nology’ means a device, including a device using 

11 backscatter x-rays or millimeter waves, used to 

12 detect objects carried on individuals and that 

13 creates a visual image of the individual’s full 

14 body, showing the surface of the skin and re15 vealing objects that are on the body.’’. 

16 Subtitle B—Other Matters 

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

19 (a) IN GENERAL.—The Assistant Secretary shall de20 velop a strategic risk-based plan to improve transportation 

21 security at airports that includes best practices to make 

22 airport perimeter access controls more secure at all com23 mercial service and general aviation airports. 

24 (b) CONTENTS.—The plan shall— 


smartinez on PROD1PC64 with BILLS
41 

HR 2200 RFS 

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) address recommendations of the Comp7 troller General on perimeter access controls; 

8 (4) include a requirement that airports update 

9 their security plans to incorporate the best practices, 

10 as appropriate, based on risk and adapt the best 

11 practices to meet the needs specific to their facilities; 

12 and 

13 (5) include an assessment of the role of new 

14 and emerging technologies, including unmanned and 

15 autonomous perimeter security technologies, that 

16 could be utilized at both commercial and general 

17 aviation facilities. 

18 SEC. 222. ADVANCED PASSENGER PRESCREENING SYSTEM. 

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

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

21 shall submit to the Committee on Homeland Security of 

22 the House of Representatives and the Committee on Com23 merce, Science, and Transportation of the Senate a report 

24 that— 


smartinez on PROD1PC64 with BILLS
42 

HR 2200 RFS 

1 (1) describes the progress made by the Depart2 ment of Homeland Security in implementing the ad3 vanced passenger prescreening system; 

4 (2) compares the total number of misidentified 

5 passengers who must undergo secondary screening 

6 or have been prevented from boarding a plane dur7 ing the 3-month period beginning 90 days before the 

8 date of enactment of the Transportation Security 

9 Administration Authorization Act with the 3-month 

10 period beginning 90 days after such date; and 

11 (3) includes any other relevant recommenda12 tions that the Inspector General of the Department 

13 of Homeland Security or the Comptroller General 

14 determines appropriate. 

15 (b) SUBSEQUENT REPORTS.—The Comptroller Gen16 eral shall submit subsequent reports on the implementa17 tion to such Committees every 90 days thereafter until the 

18 implementation is complete. 

19 SEC. 223. BIOMETRIC IDENTIFIER AIRPORT ACCESS EN20 HANCEMENT DEMONSTRATION PROGRAM. 

21 (a) IN GENERAL.—The Assistant Secretary shall 

22 carry out a demonstration program under which biometric 

23 identifier access systems for individuals with unescorted 

24 access to secure or sterile areas of an airport, including 

25 airport employees and flight crews, are evaluated for the 


smartinez on PROD1PC64 with BILLS
43 

HR 2200 RFS 

1 purposes of enhancing transportation security at airports 

2 and to determine how airports can implement uniform bio3 metric identifier and interoperable security systems. 

4 (b) AIRPORTS PARTICIPATING IN PROGRAM.—The 

5 Assistant Secretary shall select at least 7 airports, includ6 ing at least 2 large airports, to participate in the dem7 onstration program. 

8 (c) INITIATION AND DURATION OF PROGRAM.— 

9 (1) DEADLINE FOR INITIATION.—The Assistant 

10 Secretary shall conduct the demonstration program 

11 not later than one year after the date of enactment 

12 of this Act. 

13 (2) DURATION.—The program shall have a du14 ration of not less than 180 days and not more than 

15 one year. 

16 (d) REQUIRED ELEMENTS.—In conducting the dem17 onstration program, the Assistant Secretary shall— 

18 (1) assess best operational, administrative, and 

19 management practices in creating uniform, stand20 ards-based, and interoperable biometric identifier 

21 systems for all individuals with access to secure or 

22 sterile areas of commercial service airports; and 

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

24 airports and other airports, as the Assistant Sec25 retary determines appropriate, to identify where the 


smartinez on PROD1PC64 with BILLS
44 

HR 2200 RFS 

1 implementation of biometric identifier systems could 

2 benefit security. 

3 (e) CONSIDERATIONS.—In conducting the demonstra4 tion program, the Assistant Secretary shall consider, at 

5 a minimum, the following: 

6 (1) PARALLEL SYSTEMS.—Existing parallel bio7 metric transportation security systems applicable to 

8 workers with unescorted access to transportation 

9 systems, including— 

10 (A) transportation worker identification 

11 credentials issued under section 70105 of title 

12 46, United States Code; 

13 (B) armed law enforcement travel creden14 tials issued under section 44903(h)(6) of title 

15 49, United States Code; and 

16 (C) other credential and biometric identi17 fier systems used by the Federal Government, 

18 as the Assistant Secretary considers appro19 priate. 

20 (2) EFFORTS BY TRANSPORTATION SECURITY

21 ADMINISTRATION.—Any biometric identifier system 

22 or proposals developed by the Assistant Secretary. 

23 (3) INFRASTRUCTURE AND TECHNICAL RE24 QUIREMENTS.—The architecture, modules, interVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
45 

HR 2200 RFS 

1 faces, and transmission of data needed for airport 

2 security operations. 

3 (4) EXISTING AIRPORT SYSTEMS.— 

4 Credentialing and access control systems in use in 

5 secure and sterile areas of airports. 

6 (5) ASSOCIATED COSTS.—The costs of imple7 menting uniform, standards-based, and interoperable 

8 biometric identifier systems at airports, including— 

9 (A) the costs to airport operators, airport 

10 workers, air carriers, and other aviation indus11 try stakeholders; and 

12 (B) the costs associated with ongoing oper13 ations and maintenance and modifications and 

14 enhancements needed to support changes in 

15 physical and electronic infrastructure. 

16 (6) INFORMATION FROM OTHER SOURCES.— 

17 Recommendations, guidance, and information from 

18 other sources, including the Inspector General of the 

19 Department of Homeland Security, the Comptroller 

20 General, the heads of other governmental entities, 

21 organizations representing airport workers, and pri22 vate individuals and organizations. 

23 (f) IDENTIFICATION OF BEST PRACTICES.—In con24 ducting the demonstration program, the Assistant Sec25 retary shall identify best practices for the administration 


smartinez on PROD1PC64 with BILLS
46 

HR 2200 RFS 

1 of biometric identifier access at airports, including best 

2 practices for each of the following processes: 

3 (1) Registration, vetting, and enrollment. 

4 (2) Issuance. 

5 (3) Verification and use. 

6 (4) Expiration and revocation. 

7 (5) Development of a cost structure for acquisi8 tion of biometric identifier credentials. 

9 (6) Development of redress processes for work10 ers. 

11 (g) CONSULTATION.—In conducting the demonstra12 tion program, the Assistant Secretary shall consult with 

13 the Aviation Security Advisory Committee regarding how 

14 airports may transition to uniform, standards-based, and 

15 interoperable biometric identifier systems for airport 

16 workers and others with unescorted access to secure or 

17 sterile areas of an airport. 

18 (h) EVALUATION.—The Assistant Secretary shall 

19 conduct an evaluation of the demonstration program to 

20 specifically assess best operational, administrative, and 

21 management practices in creating a standard, interoper22 able, biometric identifier access system for all individuals 

23 with access to secure or sterile areas of commercial service 

24 airports. 


smartinez on PROD1PC64 with BILLS
47 

HR 2200 RFS 

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

2 after the last day of that demonstration program ends, 

3 the Assistant Secretary shall submit to the appropriate 

4 congressional committees, including the Committee on 

5 Homeland Security of the House of Representatives, a re6 port on the results of the demonstration program. The re7 port shall include possible incentives for airports that vol8 untarily seek to implement uniform, standards-based, and 

9 interoperable 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 recur23 ring training of transportation security officers regarding 

24 updates to screening procedures and technologies in reVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
48 

HR 2200 RFS 

1 sponse to weaknesses identified in covert tests at airports. 

2 The training shall include— 

3 (1) internal controls for monitoring and docu4 menting compliance of transportation security offi5 cers 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 As10 sistant 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 

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

18 House of Representatives, a strategic plan for the certifi19 cation and integration of technologies for transportation 

20 security with high approval or testing results from the Di21 rectorate and the Transportation Security Laboratory of 

22 the Department. 

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

24 plan developed under subsection (a) shall include— 


smartinez on PROD1PC64 with BILLS
49 

HR 2200 RFS 

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

2 prioritizing investments in new checkpoint screening 

3 technologies that compare the costs and benefits of 

4 screening technologies being considered for develop5 ment or acquisition with the costs and benefits of 

6 other viable alternatives; 

7 (2) quantifiable performance measures to assess 

8 the extent to which investments in research, develop9 ment, and deployment of checkpoint screening tech10 nologies achieve performance goals for enhancing se11 curity at airport passenger checkpoints; and 

12 (3) a method to ensure that operational tests 

13 and evaluations have been successfully completed in 

14 an operational environment before deploying check15 point screening technologies to airport checkpoints. 

16 (c) REPORT TO CONGRESS.— 

17 (1) IN GENERAL.—The Assistant Secretary 

18 shall submit to the appropriate committees of Con19 gress, including the Committee on Homeland Secu20 rity of the House of Representatives, an annual re21 port on the status of all technologies that have un22 dergone testing and evaluation, including tech23 nologies that have been certified by the Department, 

24 and any technologies used in a demonstration pro25 gram administered by the Administration. The reVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
50 

HR 2200 RFS 

1 port shall also specify whether the technology was 

2 submitted by an academic institution, including an 

3 institution of higher education eligible to receive as4 sistance under title III or V of the Higher Education 

5 Act of 1965 (20 U.S.C. 1051 et seq. and 1101 et 

6 seq.) 

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

8 under this subsection shall assess such technologies 

9 for a period of not less than 2 years. 

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

11 The Assistant Secretary shall consult with the Advi12 sory Committee and report to the appropriate committees 

13 of Congress, including the Committee on Homeland Secu14 rity of the House of Representatives, on deploying optimal 

15 baggage screening solutions and replacing baggage screen16 ing equipment nearing the end of its life cycle at commer17 cial service airports. Specifically, the report shall address 

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

19 benchmarks for replacing explosive detection equipment 

20 that is nearing the end of its life cycle. 

21 SEC. 227. IN-LINE CHECKED BAGGAGE SCREENING SYS22 TEMS. 

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

24 (1) Since its inception, the Administration has 

25 procured and installed over 2,000 explosive detection 


smartinez on PROD1PC64 with BILLS
51 

HR 2200 RFS 

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

2 8,000 explosive trace detection (referred to in this 

3 section as ‘‘ETD’’) systems to screen checked bag4 gage for explosives at the Nation’s commercial air5 ports. 

6 (2) Initial deployment of stand-alone EDS ma7 chines in airport lobbies resulted in operational inef8 ficiencies and security risks as compared to using 

9 EDS machines integrated in-line with airport bag10 gage conveyor systems. 

11 (3) The Administration has acknowledged the 

12 advantages of fully integrating in-line checked bag13 gage EDS systems, especially at large airports. Ac14 cording to the Administration, in-line EDS systems 

15 have proven to be cost-effective and more accurate 

16 at detecting dangerous items. 

17 (4) As a result of the large upfront capital in18 vestment required, these systems have not been de19 ployed on a wide-scale basis. The Administration es20 timates that installing and operating the optimal 

21 checked baggage screening systems could potentially 

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

23 (5) Nearly $2,000,000,000 has been appro24 priated for the installation of in-line explosive detecVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
52 

HR 2200 RFS 

1 tion systems, including necessary baggage handling 

2 system improvements, since 2007. 

3 (6) Despite substantial funding, the Adminis4 tration has made limited progress in deploying opti5 mal screening solutions, including in-line systems, to 

6 250 airports identified in its February 2006 stra7 tegic planning framework. 

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

9 submit to the Committee on Homeland Security of the 

10 House of Representatives and the Committee on Com11 merce, Science, and Transportation of the Senate a report 

12 on the Administration’s progress in deploying optimal bag13 gage screening solutions and replacing aging baggage 

14 screening equipment at the Nation’s commercial airports. 

15 The report shall also include an analysis of the Adminis16 tration’s methodology for expending public funds to deploy 

17 in-line explosive detection systems since 2007. The report 

18 shall address, at a minimum— 

19 (1) the Administration’s progress in deploying 

20 optimal screening solutions at the Nation’s largest 

21 commercial airports, including resources obligated 

22 and expended through fiscal year 2009; 

23 (2) the potential benefits and challenges associ24 ated with the deployment of optimal screening solu25 tions at the Nation’s commercial airports; and 


smartinez on PROD1PC64 with BILLS
53 

HR 2200 RFS 

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

2 and current milestones for replacing EDS machines 

3 that are nearing the end of their estimated useful 

4 product lives. 

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

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

7 every 6 months thereafter until the funds appropriated for 

8 such systems are expended, the Comptroller General shall 

9 provide the Committee on Homeland Security of the 

10 House of Representatives an update regarding its analysis 

11 of the Administration’s expenditures for explosive detec12 tion and in-line baggage systems. 

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

14 AIR MARSHALS. 

15 Not later than 120 days after the date of enactment 

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

17 Homeland Security shall review the minimum standards 

18 and policies regarding rest periods between deployments 

19 and any other standards or policies applicable to Federal 

20 air marshals reporting to duty. After such review, the In21 spector General shall make any recommendations to such 

22 standards and policies the Inspector General considers 

23 necessary to ensure an alert and responsible workforce of 

24 Federal air marshals. 


smartinez on PROD1PC64 with BILLS
54 

HR 2200 RFS 

1 SEC. 229. EXPLOSIVES DETECTION CANINE TEAMS MIN2 IMUM FOR AVIATION SECURITY. 

3 (a) AVIATION SECURITY.—The Assistant Secretary 

4 shall ensure that the number of explosives detection canine 

5 teams for aviation security is not less than 250 through 

6 fiscal year 2011. 

7 (b) CARGO SCREENING.—The Secretary shall in8 crease the number of canine detection teams, as of the 

9 date of enactment of this Act, deployed for the purpose 

10 of meeting the 100 percent air cargo screening require11 ment set forth in section 44901(g) of title 49, United 

12 States Code, by not less than 100 canine teams through 

13 fiscal year 2011. 

14 SEC. 230. ASSESSMENTS AND GAO REPORT OF INBOUND 

15 AIR CARGO SCREENING. 

16 Section 1602 of the Implementing Recommendations 

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

18 amended by inserting at the end the following: 

19 ‘‘(c) ASSESSMENT OF INBOUND COMPLIANCE.— 

20 Upon establishment of the inbound air cargo screening 

21 system, the Assistant Secretary shall submit a report to 

22 the Committee on Homeland Security in the House of 

23 Representatives on the impact, rationale, and percentage 

24 of air cargo being exempted from screening under exemp25 tions granted under section 44901(i)(1) of title 49, United 

26 States Code. 


smartinez on PROD1PC64 with BILLS
55 

HR 2200 RFS 

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

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

3 the Comptroller General shall review the air cargo screen4 ing system for inbound passenger aircraft and report to 

5 the Committee on Homeland Security in the House of 

6 Representatives on the status of implementation, including 

7 the approximate percentage of cargo being screened, as 

8 well as the Administration’s methods to verify the screen9 ing system’s implementation.’’. 

10 SEC. 231. STATUS OF EFFORTS TO PROMOTE AIR CARGO 

11 SHIPPER CERTIFICATION. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Assistant Secretary shall submit to the 

14 Committee on Homeland Security of the House of Rep15 resentatives and the Committee on Commerce, Science, 

16 and Transportation of the Senate a report on the status 

17 of the implementation of the Administration’s plan to pro18 mote a program to certify the screening methods used by 

19 shippers in a timely manner, in accordance with section 

20 44901(g) of title 49, United States Code, including par21 ticipation by shippers with robust and mature internal se22 curity programs. 


smartinez on PROD1PC64 with BILLS
56 

HR 2200 RFS 

1 SEC. 232. 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 

6 background screening services for persons requiring back7 ground screening in the aviation industry is subject to full 

8 and 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 As13 sistant Secretary; 

14 (2) any requirements for disposal of personally 

15 identifiable information by the approved provider by 

16 a date certain; and 

17 (3) information on all technical specifications 

18 and other criteria required by the Assistant Sec19 retary to approve a background screening service 

20 provider. 

21 SEC. 233. TRUSTED PASSENGER/REGISTERED TRAVELER 

22 PROGRAM. 

23 (a) ASSESSMENTS AND BACKGROUND CHECKS.— 

24 (1) IN GENERAL.—Subject to paragraph (2) 

25 and not later than 120 days after the date of enact26 ment of this Act, to enhance aviation security 


smartinez on PROD1PC64 with BILLS
57 

HR 2200 RFS 

1 through risk management at airport checkpoints 

2 through use of a trusted passenger program, com3 monly referred to as the Registered Traveler pro4 gram, established pursuant to section 109(a)(3) of 

5 the Aviation Transportation Security Act (115 Stat. 

6 597), the Assistant Secretary shall— 

7 (A) reinstate an initial and continuous se8 curity threat assessment program as part of the 

9 Registered Traveler enrollment process; and 

10 (B) allow Registered Traveler providers to 

11 perform private sector background checks as 

12 part of their enrollment process with assurance 

13 that the program shall be undertaken in a man14 ner consistent with constitutional privacy and 

15 civil liberties protections and be subject to ap16 proval and oversight by the Assistant Secretary. 

17 (2) REQUIREMENTS.—The Assistant Secretary 

18 shall not reinstate the threat assessment component 

19 of the Registered Traveler program or allow certain 

20 background checks unless the Assistant Secretary— 

21 (A) determines that the Registered Trav22 eler program, in accordance with this sub23 section, is integrated into risk-based aviation 

24 security operations; and 


smartinez on PROD1PC64 with BILLS
58 

HR 2200 RFS 

1 (B) expedites checkpoint screening, as ap2 propriate, for Registered Traveler members who 

3 have been subjected to a security threat assess4 ment and the private sector background check 

5 under this subsection. 

6 (b) NOTIFICATION.— 

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

8 the date of enactment of this Act, if the Assistant 

9 Secretary determines that the Registered Traveler 

10 program can be integrated into risk-based aviation 

11 security operations under subsection (a), the Assist12 ant Secretary shall report to the Committee on 

13 Homeland Security of the House of Representatives 

14 and the Committee on Commerce, Science, and 

15 Transportation of the Senate regarding— 

16 (A) the level of risk reduction provided by 

17 carrying out section (a); and 

18 (B) how the Registered Traveler program 

19 has been integrated into risk-based aviation se20 curity operations. 

21 (2) CHANGES TO PROTOCOL.—The Assistant 

22 Secretary shall also set forth what changes to the 

23 program, including screening protocols, have been 

24 implemented to realize the full potential of the Reg25 istered Traveler program. 


smartinez on PROD1PC64 with BILLS
59 

HR 2200 RFS 

1 (c) TREATMENT OF INDIVIDUALS WITH TOP SECRET

2 SECURITY CLEARANCES.—Not later than 180 days after 

3 the date of enactment of this Act, the Assistant Secretary 

4 shall establish protocols to— 

5 (1) verify the identity of United States citizens 

6 who participate in the Registered Traveler program 

7 and possess a valid top secret security clearance 

8 granted by the Federal Government; and 

9 (2) allow alternative screening procedures for 

10 individuals described in paragraph (1), including 

11 random, risk-based screening determined necessary 

12 to respond to a specific threat to security identified 

13 pursuant to a security threat assessment. 

14 (d) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to authorize any nongovernmental 

16 entity to perform vetting against the terrorist screening 

17 database maintained by the Administration. 

18 SEC. 234. REPORT ON CABIN CREW COMMUNICATION. 

19 Not later than one year after the date of enactment 

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

21 the Advisory Committee established under section 44946 

22 of title 49, United States Code, shall prepare a report that 

23 assesses technologies and includes standards for the use 

24 of wireless devices to enhance transportation security on 

25 aircraft for the purpose of ensuring communication beVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
60 

HR 2200 RFS 

1 tween and among cabin crew and pilot crewmembers, em2 barked Federal air marshals, and authorized law enforce3 ment officials, as appropriate. 

4 SEC. 235. AIR CARGO CREW TRAINING. 

5 The Assistant Secretary, in consultation with the Ad6 visory Committee established under section 44946 of title 

7 49, United States Code, shall develop a plan for security 

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

9 as appropriate, other crewmembers operating in all-cargo 

10 transportation. 

11 SEC. 236. REIMBURSEMENT FOR AIRPORTS THAT HAVE IN12 CURRED ELIGIBLE COSTS. 

13 (a) PROCESS.—Section 1604(b)(2) of the Imple14 menting Recommendations of the 9/11 Commission Act of 

15 2007 (121 Stat. 481) is amended to read as follows: 

16 ‘‘(2) AIRPORTS THAT HAVE INCURRED ELIGI17 BLE COSTS.— 

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

19 days after the date of enactment of the Trans20 portation Security Administration Authorization 

21 Act, the Assistant Secretary of Homeland Secu22 rity (Transportation Security Administration) 

23 shall establish a process for resolving reim24 bursement claims for airports that have in25 curred, before the date of enactment of this 


smartinez on PROD1PC64 with BILLS
61 

HR 2200 RFS 

1 Act, eligible costs associated with development 

2 of partial or completed in-line baggage systems. 

3 ‘‘(B) PROCESS FOR RECEIVING REIM4 BURSEMENT.—The process shall allow an air5 port— 

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

7 Secretary for reimbursement for eligible 

8 costs described in subparagraph (A); and 

9 ‘‘(ii) not later than 180 days after 

10 date on which the airport submits the 

11 claim, to receive a determination on the 

12 claim and, if the determination is positive, 

13 to be reimbursed. 

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

15 after the date on which the Assistant Secretary 

16 establishes the process under subparagraph (B), 

17 the Assistant Secretary shall submit to the 

18 Committee on Homeland Security of the House 

19 of Representatives a report containing a de20 scription of the process, including a schedule 

21 for the timely reimbursement of airports for 

22 which a positive determination has been 

23 made.’’. 

24 (b) REIMBURSEMENTS OF AIRPORTS FOR ELIGIBLE

25 COSTS REIMBURSED AT LESS THAN 90 PERCENT.—If the 


smartinez on PROD1PC64 with BILLS
62 

HR 2200 RFS 

1 Secretary or Assistant Secretary reimbursed, after August 

2 3, 2007, an airport that incurred an amount for eligible 

3 costs under section 44923 of title 49, United States Code, 

4 that was less than 90 percent of such costs, the Secretary 

5 or Assistant Secretary shall reimburse such airport under 

6 such section an amount equal to the difference for such 

7 eligible costs. 

8 SEC. 237. REPORT ON WHOLE BODY IMAGING TECH9 NOLOGY. 

10 Upon completion of the ongoing whole body imaging 

11 technology pilot, the Assistant Secretary shall submit a 

12 report to the Committee on Homeland Security of the 

13 House of Representatives and the Committee on Com14 merce, Science, and Transportation of the Senate on the 

15 results of the pilot, including how privacy protections were 

16 integrated. 

17 SEC. 238. PROTECTIVE EQUIPMENT. 

18 (a) USE OF PERSONAL PROTECTIVE EQUIPMENT.— 

19 (1) IN GENERAL.—Any personnel of the Trans20 portation Security Administration voluntarily may 

21 wear personal protective equipment during any 

22 emergency. 

23 (2) WRITTEN GUIDANCE.—Not later than 90 

24 days after the date of enactment of this Act, the 

25 Secretary of Homeland Security shall establish, coVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
63 

HR 2200 RFS 

1 ordinate, and disseminate written guidance to per2 sonnel of the Transportation Security Administra3 tion to allow for the voluntary usage of personal pro4 tective equipment. 

5 (3) DEFINITION.—In this subsection, the term 

6 ‘‘personal protective equipment’’ includes surgical 

7 and N95 masks, gloves, and hand sanitizer. 

8 (b) DEFINITION.—In this section the term ‘‘protec9 tive equipment’’ includes surgical masks and N95 masks. 

10 SEC. 239. SECURITY SCREENING FOR MEMBERS OF THE 

11 ARMED FORCES. 

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

13 States Code (as amended by this Act), is further amended 

14 by adding at the end the following: 

15 ‘‘(n) SECURITY SCREENING FOR MEMBERS OF THE

16 ARMED FORCES.— 

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

18 shall develop and implement a plan to provide expe19 dited security screening services for a member of the 

20 Armed Forces, and any accompanying family mem21 ber, when the member of the Armed Forces is trav22 eling on official orders while in uniform through a 

23 primary airport (as defined by section 47102). 

24 ‘‘(2) PROTOCOLS.—In developing the plan, the 

25 Assistant Secretary shall consider— 


smartinez on PROD1PC64 with BILLS
64 

HR 2200 RFS 

1 ‘‘(A) leveraging existing security screening 

2 models used by airports and air carriers to re3 duce passenger wait times before entering a se4 curity screening checkpoint; 

5 ‘‘(B) establishing standard guidelines for 

6 the screening of military uniform items, includ7 ing combat boots; and 

8 ‘‘(C) incorporating any new screening pro9 tocols into an existing trusted passenger pro10 gram, as established pursuant to section 

11 109(a)(3) of the Aviation and Transportation 

12 Security Act (115 Stat. 613), or into the devel13 opment of any new credential or system that in14 corporates biometric technology and other appli15 cable technologies to verify the identity of indi16 viduals traveling in air transportation. 

17 ‘‘(3) REPORT TO CONGRESS.—The Assistant 

18 Secretary shall submit to the appropriate committees 

19 of Congress a report on the implementation of the 

20 plan.’’. 

21 (b) EFFECTIVE DATE.—Not later than one year after 

22 the date of enactment of this Act, the Assistant Secretary 

23 shall establish the plan required by the amendment made 

24 by subsection (a). 


smartinez on PROD1PC64 with BILLS
65 

HR 2200 RFS 

1 SEC. 240. REPORT ON COMPLAINTS AND CLAIMS FOR LOSS 

2 OF PROPERTY FROM PASSENGER BAGGAGE. 

3 Not later than six months after the date of enactment 

4 of this Act, the Assistant Secretary shall report to the 

5 Committee on Homeland Security of the House of Rep6 resentatives on complaints and claims received by the Ad7 ministration for loss of property with respect to passenger 

8 baggage screened by the Administration, including— 

9 (1) the number of such claims that are out10 standing; 

11 (2) the total value of property alleged in such 

12 outstanding claims to be missing; 

13 (3) an estimate of the amount of time that will 

14 be required to resolve all such outstanding claims; 

15 (4) the amount of Administration resources 

16 that will be devoted to resolving such outstanding 

17 claims, including the number of personnel and fund18 ing; and 

19 (5) efforts that the Administration is making or 

20 is planning to make to address passenger grievances 

21 regarding such losses, enhance passenger property 

22 security, and provide effective oversight of baggage 

23 screeners and other Administration personnel who 

24 come in contact with passenger property. 


smartinez on PROD1PC64 with BILLS
66 

HR 2200 RFS 

1 SEC. 241. REPORT ON CERTAIN SECURITY PLAN. 

2 Not later than 90 days after the date of enactment 

3 of this Act, the Assistant Secretary shall submit a report 

4 to the appropriate committees of Congress that— 

5 (1) reviews whether the most recent security 

6 plans developed by the commercial aviation airports 

7 in the United States territories meet the security 

8 concerns described in guidelines and other official 

9 documents issued by the Transportation Security 

10 Administration pertaining to parts 1544 and 1546 

11 of title 49, Code of Federal Regulations, particularly 

12 with regard to the commingling of passengers; 

13 (2) makes recommendations regarding best 

14 practices supported by the Transportation Security 

15 Administration and any adequate alternatives that 

16 address the problems or benefits of commingling 

17 passengers at such airports to satisfy the concerns 

18 described in paragraph (1); 

19 (3) reviews the potential costs of implementing 

20 the preferred and alternative methods to address the 

21 Administration concerns regarding parts 1544 and 

22 1546 of title 49, Code of Federal Regulations, par23 ticularly in regards to the commingling of pas24 sengers at the airport; and 


smartinez on PROD1PC64 with BILLS
67 

HR 2200 RFS 

1 (4) identifies funding sources, including grant 

2 programs, to implement improved security methods 

3 at such airports. 

4 SEC. 242. STUDY ON COMBINATION OF FACIAL AND IRIS 

5 RECOGNITION. 

6 (a) STUDY REQUIRED.—The Assistant Secretary 

7 shall carry out a study on the use of the combination of 

8 facial and iris recognition to rapidly identify individuals 

9 in security checkpoint lines. Such study shall focus on— 

10 (1) increased accuracy of facial recognition; 

11 (2) enhancement of existing iris recognition 

12 technology; and 

13 (3) establishment of integrated face and iris 

14 features for accurate identification of individuals. 

15 (b) PURPOSE OF STUDY.—The purpose of the study 

16 required by subsection (a) is to facilitate the use of a com17 bination of facial and iris recognition to provide a higher 

18 probability of success in identification than either ap19 proach on its own and to achieve transformational ad20 vances in the flexibility, authenticity, and overall capability 

21 of integrated biometric detectors and satisfy one of major 

22 issues with war against terrorists. The operational goal 

23 of the study should be to provide the capability to non24 intrusively collect biometrics (face image, iris) in less than 


smartinez on PROD1PC64 with BILLS
68 

HR 2200 RFS 

1 ten seconds without impeding the movement of individ2 uals. 

3 SEC. 243. ISSUANCE OF REGULATIONS AND SECURITY DI4 RECTIVES USING EMERGENCY PROCEDURES. 

5 (a) IN GENERAL.—Section 114(l) of title 49, United 

6 States Code, is amended— 

7 (1) in paragraph (2)— 

8 (A) in subparagraph (A) by striking ‘‘im9 mediately in order to protect transportation se10 curity’’ and inserting ‘‘in order to respond to an 

11 imminent threat of finite duration’’; and 

12 (B) in subparagraph (B) by inserting ‘‘to 

13 determine if the regulation or security directive 

14 is needed to respond to an imminent threat of 

15 finite duration’’ before the period at the end of 

16 the first sentence; 

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

18 following: 

19 ‘‘(3) FACTORS TO CONSIDER.— 

20 ‘‘(A) IN GENERAL.—In determining wheth21 er to issue, rescind, or revise a regulation or se22 curity directive under this subsection, the 

23 Under Secretary shall consider, as factors in 

24 the final determination— 


smartinez on PROD1PC64 with BILLS
69 

HR 2200 RFS 

1 ‘‘(i) whether the costs of the regula2 tion or security directive are excessive in 

3 relation to the enhancement of security the 

4 regulation or security directive will provide; 

5 ‘‘(ii) whether the regulation or secu6 rity directive will remain effective for more 

7 than a 90-day period; and 

8 ‘‘(iii) whether the regulation or secu9 rity directive will require revision in the 

10 subsequent 90-day period. 

11 ‘‘(B) AUTHORITY TO WAIVE CERTAIN RE12 QUIREMENTS.—For purposes of subparagraph 

13 (A)(i), the Under Secretary may waive require14 ments for an analysis that estimates the num15 ber of lives that will be saved by the regulation 

16 or security directive and the monetary value of 

17 such lives if the Under Secretary determines 

18 that it is not feasible to make such an esti19 mate.’’; and 

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

21 ‘‘(5) RULEMAKING REQUIRED.—Any regulation 

22 or security directive issued under paragraph (2) that 

23 remains effective, with or without revision, for a pe24 riod of more than 180 days shall be subject to a 


smartinez on PROD1PC64 with BILLS
70 

HR 2200 RFS 

1 rulemaking pursuant to subchapter II of chapter 5 

2 of title 5.’’. 

3 (b) APPLICABILITY.—The amendment made by sub4 section (a)(3) shall apply to a regulation issued under sec5 tion 114(l)(2) of title 49, United States Code, before, on, 

6 or after the date of enactment of this Act. 

7 TITLE III—SURFACE 

8 TRANSPORTATION SECURITY 

9 SEC. 301. ASSISTANT SECRETARY DEFINED. 

10 Section 1301 of the Implementing Recommendations 

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

12 amended— 

13 (1) by redesignating paragraphs (2) through 

14 (6) as paragraphs (3) through (7), respectively; and 

15 (2) by inserting after paragraph (1) the fol16 lowing: 

17 ‘‘(2) ASSISTANT SECRETARY.—The term ‘As18 sistant Secretary’ means the Assistant Secretary of 

19 Homeland Security (Transportation Security Admin20 istration).’’. 

21 SEC. 302. SURFACE TRANSPORTATION SECURITY INSPEC22 TION PROGRAM. 

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

24 (1) Surface transportation security inspectors 

25 assist passenger rail stakeholders in identifying secuVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
71 

HR 2200 RFS 

1 rity gaps through Baseline Assessment for Security 

2 Enhancement (‘‘BASE’’) reviews, monitor freight 

3 rail stakeholder efforts to reduce the risk that toxic 

4 inhalation hazard shipments pose to high threat 

5 urban areas through Security Action Item (‘‘SAI’’) 

6 reviews, and assist in strengthening chain of custody 

7 security. 

8 (2) Surface transportation security inspectors 

9 play a critical role in building and maintaining work10 ing relationships with transit agencies and acting as 

11 liaisons between such agencies and the Transpor12 tation Security Operations Center, relationships 

13 which are vital to effective implementation of the 

14 surface transportation security mission. 

15 (3) In December 2006, the Transportation Se16 curity Administration shifted from a system in which 

17 surface transportation security inspectors reported 

18 to surface-focused supervisors to a system in which 

19 inspectors report to aviation-focused supervisors in 

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

21 chain of command, misappropriation of inspectors to 

22 nonsurface activities, the hiring of senior-level in23 spectors with no surface qualifications, and signifi24 cant damage to relationships with transit agencies 

25 and inspector morale. 


smartinez on PROD1PC64 with BILLS
72 

HR 2200 RFS 

1 (b) SURFACE TRANSPORTATION SECURITY INSPEC2 TION OFFICE.—Section 1304 of the Implementing Rec3 ommendations of the 9/11 Commission Act of 2007 (6 

4 U.S.C. 1113) is amended— 

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

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

7 (2) by striking subsections (a) and (b) and in8 serting 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 to 

15 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. 


smartinez on PROD1PC64 with BILLS
73 

HR 2200 RFS 

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 


smartinez on PROD1PC64 with BILLS
74 

HR 2200 RFS 

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.— 

5 ‘‘(A) IN GENERAL.—The Director and 

6 Deputy Director shall be responsible on a full7 time basis for the duties and responsibilities de8 scribed in this subsection. 

9 ‘‘(B) CLASSIFICATION.—The position of 

10 Director shall be considered a position in the 

11 Senior Executive Service as defined in section 

12 2101a of title 5, United States Code, and the 

13 position of Deputy Director shall be considered 

14 a position classified at grade GS–15 of the Gen15 eral Schedule. 

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

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

18 other position in the Federal Government. 

19 ‘‘(6) FIELD OFFICES.— 

20 ‘‘(A) ESTABLISHMENT.—The Secretary 

21 shall establish primary and secondary field of22 fices in the United States to be staffed by sur23 face transportation security inspectors in the 

24 course of carrying out their duties under this 

25 section. 


smartinez on PROD1PC64 with BILLS
75 

HR 2200 RFS 

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

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

3 such field offices shall be determined in a man4 ner that is consistent with the Department’s 

5 risk-based approach to carrying out its home6 land security mission. 

7 ‘‘(C) COMMAND STRUCTURE.— 

8 ‘‘(i) PRIMARY FIELD OFFICES.—Each 

9 primary field office shall be led by a chief 

10 surface transportation security inspector, 

11 who has significant experience with surface 

12 transportation systems, facilities, and oper13 ations and shall report directly to the Di14 rector. 

15 ‘‘(ii) SECONDARY FIELD OFFICES.— 

16 Each secondary field office shall be led by 

17 a senior surface transportation security in18 spector, who shall report directly to the 

19 chief surface transportation security in20 spector of a geographically appropriate pri21 mary field office, as determined by the Di22 rector. 

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

24 months after the date of enactment of the 


smartinez on PROD1PC64 with BILLS
76 

HR 2200 RFS 

1 Transportation Security Administration Author2 ization Act, field offices shall be staffed with— 

3 ‘‘(i) not fewer than 7 surface trans4 portation security inspectors, including one 

5 chief surface transportation security in6 spector, at every primary field office; and 

7 ‘‘(ii) not fewer than 5 surface trans8 portation security inspectors, including one 

9 senior surface transportation security in10 spector, at every secondary field office.’’. 

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

12 such Act (6 U.S.C. 1113(e)), as redesignated by sub13 section (b) of this section, is amended to read as follows: 

14 ‘‘(e) NUMBER OF INSPECTORS.—Subject to the avail15 ability of appropriations, the Secretary shall hire not fewer 

16 than— 

17 ‘‘(1) 200 additional surface transportation secu18 rity inspectors in fiscal year 2010; and 

19 ‘‘(2) 100 additional surface transportation secu20 rity inspectors in fiscal year 2011.’’. 

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

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

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

24 ‘‘114(s)’’. 


smartinez on PROD1PC64 with BILLS
77 

HR 2200 RFS 

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

2 1113(h)), as redesignated by subsection (b) of this section, 

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

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

5 1113(i)), as redesignated by subsection (b) of this section, 

6 is amended to read as follows: 

7 ‘‘(i) PLAN.— 

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

9 after the date of enactment of the Transportation 

10 Security Administration Authorization Act, the Sec11 retary shall submit to the Committee on Homeland 

12 Security of the House of Representatives and the 

13 Committee on Homeland Security and Governmental 

14 Affairs of the Senate a plan for expanding the duties 

15 and leveraging the expertise of surface transpor16 tation security inspectors to further support the De17 partment’s surface transportation security mission. 

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

19 ‘‘(A) an analysis of how surface transpor20 tation security inspectors could be used to con21 duct oversight activities with respect to surface 

22 transportation security projects funded by rel23 evant grant programs administered by the De24 partment; 


smartinez on PROD1PC64 with BILLS
78 

HR 2200 RFS 

1 ‘‘(B) an evaluation of whether authorizing 

2 surface transportation security inspectors to ob3 tain or possess law enforcement qualifications 

4 or status would enhance the capacity of the Of5 fice to take an active role in the Department’s 

6 surface transportation security operations; and 

7 ‘‘(C) any other potential functions relating 

8 to surface transportation security the Secretary 

9 determines appropriate.’’. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 1304 of such Act (6 U.S.C. 1113) is amended by adding 

12 at the end the following: 

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

14 amounts made available under section 101 of the Trans15 portation Security Administration Authorization Act, 

16 there are authorized to be appropriated such sums as may 

17 be necessary to the Secretary to carry out this section for 

18 fiscal years 2010 and 2011.’’. 

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

20 such Act (6 U.S.C. 1113(b)), as redesignated by sub21 section (b) of this section, is amended by striking ‘‘sub22 section (e)’’ and inserting ‘‘subsection (d)’’. 


smartinez on PROD1PC64 with BILLS
79 

HR 2200 RFS 

1 SEC. 303. VISIBLE INTERMODAL PREVENTION AND RE2 SPONSE TEAMS. 

3 Section 1303 of the Implementing Recommendations 

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

5 amended— 

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

7 of the Transportation Security Administration,’’ and 

8 inserting ‘‘Assistant Secretary,’’; 

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

10 inserting ‘‘team as to specific locations and times 

11 within their facilities at which VIPR teams should 

12 be deployed to maximize the effectiveness of such de13 ployment and other matters,’’; and 

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

15 following: 

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

17 year after the date of enactment of the Transportation Se18 curity Administration Authorization Act, the Secretary 

19 shall develop and implement a system of qualitative per20 formance measures and objectives by which to assess the 

21 roles, activities, and effectiveness of VIPR team operations 

22 on an ongoing basis, including a mechanism through 

23 which the transportation entities listed in subsection 

24 (a)(4) may submit feedback on VIPR team operations in25 volving their systems or facilities. 


smartinez on PROD1PC64 with BILLS
80 

HR 2200 RFS 

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

2 of enactment of the Transportation Security Administra3 tion Authorization Act, the Secretary shall develop and 

4 implement a plan for ensuring the interoperability of com5 munications among all participating VIPR team compo6 nents as designated under subsection (a)(1) and between 

7 VIPR teams and any relevant transportation entities as 

8 designated in subsection (a)(4) whose systems or facilities 

9 are involved in VIPR team operations, including an anal10 ysis of the costs and resources required to carry out the 

11 plan. 

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

13 amounts made available under section 101 of the Trans14 portation Security Administration Authorization Act, 

15 there are authorized to be appropriated to the Secretary 

16 to carry out this section such sums as may be necessary 

17 for fiscal years 2010 and 2011.’’. 

18 SEC. 304. SURFACE TRANSPORTATION SECURITY STAKE19 HOLDER PARTICIPATION. 

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

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

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

23 the following: 

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

25 ‘‘(a) ESTABLISHMENT.— 


smartinez on PROD1PC64 with BILLS
81 

HR 2200 RFS 

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

2 shall establish in the Transportation Security Ad3 ministration an advisory committee, to be known as 

4 the Transit Security Advisory Committee (in this 

5 section referred to as the ‘Advisory Committee’), to 

6 assist the Assistant Secretary with issues pertaining 

7 to surface transportation security. 

8 ‘‘(2) RECOMMENDATIONS.— 

9 ‘‘(A) IN GENERAL.—The Assistant Sec10 retary shall require the Advisory Committee to 

11 develop recommendations for improvements to 

12 surface transportation security planning, meth13 ods, equipment, and processes. 

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

15 one year after the date of enactment of the 

16 Transportation Security Administration Author17 ization Act, the Advisory Committee shall sub18 mit to the Assistant Secretary recommendations 

19 on— 

20 ‘‘(i) improving homeland security in21 formation sharing between components of 

22 the Department of Homeland Security and 

23 surface transportation security stake24 holders, including those represented on the 

25 Advisory Committee; and 


smartinez on PROD1PC64 with BILLS
82 

HR 2200 RFS 

1 ‘‘(ii) streamlining or consolidating re2 dundant security background checks re3 quired by the Department under relevant 

4 statutes governing surface transportation 

5 security, as well as redundant security 

6 background checks required by States 

7 where there is no legitimate homeland se8 curity basis for requiring such checks. 

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

10 require the Advisory Committee to meet at least 

11 semiannually and may convene additional meetings 

12 as necessary. 

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

14 Members shall serve at their own expense and re15 ceive no salary, reimbursement for travel expenses, 

16 or other compensation from the Federal Govern17 ment. 

18 ‘‘(b) MEMBERSHIP.— 

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

20 shall ensure that the Advisory Committee is com21 posed of not more than one individual representing 

22 not more than 27 member organizations, including 

23 representatives from public transportation agencies, 

24 passenger rail agencies or operators, railroad car25 riers, motor carriers, owners or operators of highVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
83 

HR 2200 RFS 

1 ways, over-the-road bus operators and terminal own2 ers and operators, pipeline operators, labor organiza3 tions representing employees of such entities, and 

4 the surface transportation security technology indus5 try. 

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 

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

13 to the Advisory Committee under this section. 

14 ‘‘(d) PASSENGER CARRIER SECURITY WORKING

15 GROUP.— 

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

17 shall establish within the Advisory Committee a pas18 senger carrier security working group to provide rec19 ommendations for successful implementation of ini20 tiatives relating to passenger rail, over-the-road bus, 

21 and public transportation security proposed by the 

22 Transportation Security Administration in accord23 ance with statutory requirements, including relevant 

24 grant programs and security training provisions. 


smartinez on PROD1PC64 with BILLS
84 

HR 2200 RFS 

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

2 meet at least semiannually and provide annual re3 ports to the Assistant Secretary with recommenda4 tions to improve the Transportation Security Admin5 istration’s initiatives relating to passenger rail, over6 the-road bus, and public transportation security, in7 cluding grant, training, inspection, or other relevant 

8 programs authorized in titles XIII and XIV, and 

9 subtitle C of title XV of this Act. 

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

11 be composed of members from the Advisory Com12 mittee with expertise in public transportation, over13 the-road bus, or passenger rail systems and oper14 ations, all appointed by the Assistant Secretary. 

15 ‘‘(4) REPORTS.— 

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

17 shall prepare and submit reports to the Assist18 ant Secretary in accordance with this para19 graph that provide recommendations as de20 scribed in paragraphs (1) and (2). 

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

22 year after the date of enactment of the Trans23 portation Security Administration Authorization 

24 Act, and on an annual basis thereafter, the 

25 working group shall submit a report on the 


smartinez on PROD1PC64 with BILLS
85 

HR 2200 RFS 

1 findings and recommendations developed under 

2 subparagraph (A) to the Assistant Secretary. 

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

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

5 shall establish within the Advisory Committee a 

6 freight rail security working group to provide rec7 ommendations for successful implementation of ini8 tiatives relating to freight rail security proposed by 

9 the Transportation Security Administration in ac10 cordance with statutory requirements, including rel11 evant grant programs and security training provi12 sions. 

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

14 meet at least semiannually and provide annual re15 ports to the Assistant Secretary with recommenda16 tions to improve the Transportation Security Admin17 istration’s initiatives relating to freight rail security, 

18 including grant, training, inspection, or other rel19 evant programs authorized in titles XIII and XV of 

20 this Act. 

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

22 be composed of members from the Advisory Com23 mittee with expertise in freight rail systems and op24 erations, all appointed by the Assistant Secretary. 

25 ‘‘(4) REPORTS.— 


smartinez on PROD1PC64 with BILLS
86 

HR 2200 RFS 

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

2 shall prepare and submit reports to the Assist3 ant Secretary in accordance with this para4 graph that provide recommendations as de5 scribed in paragraphs (1) and (2). 

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

7 year after the date of enactment of the Trans8 portation Security Administration Authorization 

9 Act, and on an annual basis thereafter, the 

10 working group shall submit a report on the 

11 findings and recommendations developed under 

12 subparagraph (A) to the Assistant Secretary.’’. 

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

14 Implementing Recommendations of the 9/11 Commission 

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

16 at the end of title XIII (Transportation Security Enchant17 ments) the following: 

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

18 SEC. 305. HUMAN CAPITAL PLAN FOR SURFACE TRANSPOR19 TATION SECURITY PERSONNEL. 

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

21 date of enactment of this Act, the Assistant Secretary 

22 shall submit to the Committee on Homeland Security of 

23 the House of Representatives and the Committee on 

24 Homeland Security and Governmental Affairs of the Sen25 ate a human capital plan for hiring, training, managing, 


smartinez on PROD1PC64 with BILLS
87 

HR 2200 RFS 

1 and compensating surface transportation security per2 sonnel, including surface transportation security inspec3 tors. 

4 (b) CONSULTATION.—In developing the human cap5 ital plan, the Assistant Secretary shall consult with the 

6 chief human capital officer of the Department of Home7 land Security, the Director of the Surface Transportation 

8 Security Inspection Office, the Inspector General of the 

9 Department of Homeland Security, and the Comptroller 

10 General. 

11 (c) APPROVAL.—Prior to submission, the human cap12 ital plan shall be reviewed and approved by the chief 

13 human capital officer of the Department of Homeland Se14 curity. 

15 SEC. 306. SURFACE TRANSPORTATION SECURITY TRAIN16 ING. 

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

18 the date of enactment of this Act, the Secretary shall sub19 mit a report to the Committee on Homeland Security of 

20 the House of Representatives and the Committee on 

21 Homeland Security and Governmental Affairs of the Sen22 ate on the status of the Department’s implementation of 

23 sections 1408, 1517, and 1534 of the Implementing Rec24 ommendations of the 9/11 Commission Act of 2007 (6 

25 U.S.C. 1137, 1167, and 1184), including detailed timeVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
88 

HR 2200 RFS 

1 frames for development and issuance of the transportation 

2 security training regulations required under such sections. 

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

4 after the date of enactment of this Act, the Assistant Sec5 retary shall identify criteria and establish a process for 

6 approving and maintaining a list of approved private 

7 third-party providers of security training with whom sur8 face transportation entities may enter into contracts, as 

9 needed, for the purpose of satisfying security training re10 quirements of the Department of Homeland Security, in11 cluding requirements developed under sections 1408, 

12 1517, and 1534 of the Implementing Recommendations 

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

14 1167, and 1184), in accordance with section 103 of this 

15 Act. 

16 SEC. 307. IMPROVEMENT OF PUBLIC TRANSPORTATION SE17 CURITY ASSISTANCE. 

18 (a) IN GENERAL.—Section 1406 of the Implementing 

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

20 U.S.C. 1135; Public Law 110–53) is amended— 

21 (1) in subsection (b)(1)— 

22 (A) in subparagraph (B), by inserting 

23 ‘‘bollards,’’ after ‘‘including’’; and 

24 (B) in subparagraph (D), by inserting 

25 after ‘‘including’’ the following: ‘‘projects for 


smartinez on PROD1PC64 with BILLS
89 

HR 2200 RFS 

1 the purpose of demonstrating or assessing the 

2 capability of such systems and’’; 

3 (2) by redesignating subsections (e) through (k) 

4 as subsections (f) through (l), respectively; 

5 (3) by redesignating subsections (l) and (m) as 

6 subsections (n) and (o), respectively; 

7 (4) by inserting after subsection (d) the fol8 lowing new subsection (e): 

9 ‘‘(e) PROCEDURE.— 

10 ‘‘(1) TIMELINE.— 

11 ‘‘(A) AVAILABILITY OF APPLICATIONS.— 

12 Applications for grants under this section for a 

13 grant cycle shall be made available to eligible 

14 applicants not later than 30 days after the date 

15 of the enactment of the appropriations Act for 

16 the Department of Homeland Security for the 

17 same fiscal year as the grant cycle. 

18 ‘‘(B) SUBMISSION OF APPLICATIONS.—A 

19 public transportation agency that is eligible for 

20 a grant under this section shall submit an ap21 plication for a grant not later than 45 days 

22 after the applications are made available under 

23 subparagraph (A). 

24 ‘‘(C) ACTION.—The Secretary shall make a 

25 determination approving or rejecting each appliVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
90 

HR 2200 RFS 

1 cation submitted under subparagraph (B), no2 tify the applicant of the determination, and im3 mediately commence any additional processes 

4 required to allow an approved applicant to 

5 begin to receive grant funds by not later than 

6 60 days after date on which the Secretary re7 ceives the application. 

8 ‘‘(2) PROHIBITION OF COST-SHARING REQUIRE9 MENT.—No grant under this section may require 

10 any cost-sharing contribution from the grant recipi11 ent or from any related State or local agency. 

12 ‘‘(3) ANNUAL REPORT.—Not later than the 

13 date that is 180 days after the last determination 

14 made under paragraph (1)(C) for a grant cycle, the 

15 Secretary shall submit to the Committees on Appro16 priations and Homeland Security of the House of 

17 Representatives and the Committees on Appropria18 tions and Homeland Security and Governmental Af19 fairs of the Senate a report that includes a list of 

20 all grant awarded under this section for that grant 

21 cycle for which the grant recipient is not, as of such 

22 date, able to receive grant funds and an explanation 

23 of why such funds have not yet been released for use 

24 by the recipient. 

25 ‘‘(4) PERFORMANCE.— 


smartinez on PROD1PC64 with BILLS
91 

HR 2200 RFS 

1 ‘‘(A) DURATION.—The performance period 

2 for grants made under this section shall be a 

3 period of time not less than 36 months in dura4 tion. 

5 ‘‘(B) TIMING.—The performance period 

6 for any grant made under this section shall not 

7 begin to run until the recipient of the grant has 

8 been formally notified that funds provided 

9 under the terms of the grant have been released 

10 for use by the recipient.’’; 

11 (5) by inserting after subsection (l), as redesig12 nated by paragraph (2) of this section, the following 

13 new subsection (m): 

14 ‘‘(m) ACCESS.—The Secretary shall ensure that, for 

15 each grant awarded under this section, the Inspector Gen16 eral of the Department is authorized to— 

17 ‘‘(1) examine any records of the grant recipient 

18 or any contractors or subcontractors with which the 

19 recipient enters into a contract, or any State or local 

20 agency, that directly pertain to and involve trans21 actions relating to grants under this section; and 

22 ‘‘(2) interview any officer or employee of the re23 cipient, any contractors or subcontractors with 

24 which the recipient enters into a contract, or State 

25 or local agency regarding such transactions.’’; and 


smartinez on PROD1PC64 with BILLS
92 

HR 2200 RFS 

1 (6) in subsection (o), as redesignated by para2 graph (3) of this section— 

3 (A) by striking paragraph (1) and insert4 ing the following new paragraph (1): 

5 ‘‘(1) IN GENERAL.—There is authorized to be 

6 appropriated to the Secretary to make grants under 

7 this section— 

8 ‘‘(A) $900,000,000 for fiscal year 2010, 

9 except that not more than 30 percent of such 

10 funds may be used for operational costs under 

11 subsection (b)(2) of this section; and 

12 ‘‘(B) $1,100,000,000 for fiscal year 2011, 

13 except that not more than 30 percent of such 

14 funds may be used for operational costs under 

15 subsection (b)(2) of this section.’’; 

16 (B) by redesignating paragraphs (3) and 

17 (4) as paragraphs (4) and (5), respectively; and 

18 (C) by inserting after paragraph (2) the 

19 following new paragraph (3): 

20 ‘‘(3) EXCEPTION.—The limitation on the per21 centage of funds that may be used for operational 

22 costs under paragraph (1) shall not apply to any 

23 costs involved with or relating to explosives detection 

24 canine teams acquired or used for the purpose of se25 curing public transportation systems or facilities.’’. 


smartinez on PROD1PC64 with BILLS
93 

HR 2200 RFS 

1 (b) TECHNICAL ASSISTANCE PILOT PROGRAM.— 

2 (1) PILOT PROGRAM REQUIRED.— 

3 (A) IN GENERAL.—Not later than one year 

4 after the date of the enactment of this Act, the 

5 Assistant Secretary shall conduct and complete 

6 a pilot program to provide grants to not more 

7 than 7 public transportation agencies eligible 

8 for security grants under section 1406 of the 

9 Implementing Recommendations of the 9/11 

10 Commission Act of 2007 (6 U.S.C. 1135; Pub11 lic Law 110–53) for the purpose of obtaining 

12 external technical support and expertise to as13 sist such agencies in conducting comprehensive 

14 security risk assessments of public transpor15 tation systems, resources, and facilities. 

16 (B) METHODOLOGY.—Not later than 60 

17 days after the date of the enactment of this 

18 Act, the Assistant Secretary shall identify— 

19 (i) a comprehensive risk methodology 

20 for conducting comprehensive security risk 

21 assessments using grants made under this 

22 subsection that accounts for all three ele23 ments of risk, including threat, vulner24 ability, and consequence; and 


smartinez on PROD1PC64 with BILLS
94 

HR 2200 RFS 

1 (ii) an approved third-party provider 

2 of technical support and expertise for the 

3 purpose of providing external assistance to 

4 grantees in conducting comprehensive se5 curity risk assessments. 

6 (C) PARTICIPANTS.— 

7 (i) IN GENERAL.—In selecting public 

8 transportation agencies to participate in 

9 the pilot program, the Assistant Secretary 

10 shall approve eligible agencies based on a 

11 combination of factors, including risk, 

12 whether the agency has completed a com13 prehensive security risk assessment re14 ferred to in subparagraph (B)(i) within a 

15 year preceding the date of enactment of 

16 this Act, and geographic representation. 

17 (ii) PRIOR EFFORTS.—No eligible 

18 public transportation agency may be de19 nied participation in the pilot program on 

20 the grounds that it has applied for other 

21 grants administered by the Department for 

22 the purpose of conducting a comprehensive 

23 security risk assessment. 


smartinez on PROD1PC64 with BILLS
95 

HR 2200 RFS 

1 (D) PROHIBITIONS.—In carrying out the 

2 pilot program the Assistant Secretary shall en3 sure that— 

4 (i) grants awarded under the pilot 

5 program shall supplement and not replace 

6 other sources of Federal funding; 

7 (ii) other sources of Federal funding 

8 are not taken into consideration when as9 sistance is awarded under the pilot pro10 gram; and 

11 (iii) no aspect of the pilot program is 

12 conducted or administered by a component 

13 of the Department other than the Trans14 portation Security Administration. 

15 (2) REPORT.—Not later than 180 days after 

16 the completion of the pilot program, the Assistant 

17 Secretary shall submit to the Committee on Home18 land Security of the House of Representatives a re19 port on the results of the pilot program, including 

20 an analysis of the feasibility and merit of expanding 

21 the pilot program to a permanent program and any 

22 recommendations determined appropriate by the As23 sistant Secretary. 

24 (3) AUTHORIZATION OF APPROPRIATIONS.—Of 

25 amounts made available pursuant to section 101 for 


smartinez on PROD1PC64 with BILLS
96 

HR 2200 RFS 

1 fiscal year 2010, $7,000,000 shall be available to the 

2 Assistant Secretary to carry out this subsection. Any 

3 amount made available to the Assistant Secretary 

4 pursuant to this paragraph shall remain available 

5 until the end of fiscal year 2011. 

6 (c) REPORT ON RECOMMENDATIONS OF COMP7 TROLLER GENERAL.— 

8 (1) REPORT REQUIRED.—Not later than 90 

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

10 Secretary of Homeland Security shall submit to the 

11 Committee on Homeland Security of the House of 

12 Representatives and the Committee on Homeland 

13 Security and Governmental Affairs of the Senate a 

14 report on the status of the Secretary’s implementa15 tion of the recommendations of the Comptroller Gen16 eral with respect to the improvement of the adminis17 tration of security grants under section 1406 of the 

18 Implementing Recommendations of the 9/11 Com19 mission Act of 2007 (6 U.S.C. 1135; Public Law 

20 110–53). 

21 (2) REVIEW BY INSPECTOR GENERAL.—Before 

22 the Secretary submits the report required under 

23 paragraph (1), the report shall be reviewed by the 

24 Inspector General of the Department of Homeland 

25 Security. When the Secretary submits the report to 


smartinez on PROD1PC64 with BILLS
97 

HR 2200 RFS 

1 Congress under paragraph (1), the Secretary shall 

2 include with the report documentation verifying that 

3 the report was reviewed by the Inspector General in 

4 accordance with this paragraph. 

5 SEC. 308. INTERNATIONAL LESSONS LEARNED FOR SECUR6 ING PASSENGER RAIL AND PUBLIC TRANS7 PORTATION SYSTEMS. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) numerous terrorist attacks since September 

10 11, 2001, have targeted passenger rail or public 

11 transportation systems; 

12 (2) nearly 200 people were killed and almost 

13 2,000 more were injured when terrorists set off 10 

14 simultaneous explosions on 4 commuter trains in 

15 Madrid, Spain, on March 11, 2004; 

16 (3) 50 people were killed and more than 700 in17 jured in successive bombings of 3 transit stations 

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

19 2005, and a second attack against 4 similar targets 

20 on July 21, 2005, failed because of faulty deto21 nators; 

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

23 than 700 injured in simultaneous terrorist bombings 

24 of commuter trains on the Western Line in the sub25 urbs of Mamba, India, on July 11, 2006; 


smartinez on PROD1PC64 with BILLS
98 

HR 2200 RFS 

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

2 November 26, 2008, included commando-style at3 tacks on a major railway station; and 

4 (6) a disproportionately low amount of atten5 tion and resources have been devoted to surface 

6 transportation security by the Department of Home7 land Security, including the security of passenger 

8 rail and public transportation systems, as compared 

9 with aviation security, which has been the primary 

10 focus of Federal transportation security efforts gen11 erally, and of the Transportation Security Adminis12 tration in particular. 

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

14 a study on the efforts undertaken by the Secretary and 

15 Assistant Secretary, as well as other entities determined 

16 by the Comptroller General to have made significant ef17 forts, since January 1, 2004, to learn from foreign nations 

18 that have been targets of terrorist attacks on passenger 

19 rail and public transportation systems in an effort to iden20 tify lessons learned from the experience of such nations 

21 to improve the execution of Department functions to ad22 dress transportation security gaps in the United States. 

23 (c) REPORT.— 

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

25 after the date of enactment of this Act, the CompVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
99 

HR 2200 RFS 

1 troller General shall submit to the Committee on 

2 Homeland Security of the House of Representatives 

3 and the Committee on Homeland Security and Gov4 ernmental Affairs of the Senate a report on the re5 sults of the study. The report shall also include an 

6 analysis of relevant legal differences that may affect 

7 the ability of the Department to apply lessons 

8 learned. 

9 (2) RECOMMENDATIONS.—The Comptroller 

10 General shall include in the report recommendations 

11 on how the Department and its components, includ12 ing the Transportation Security Administration, can 

13 expand efforts to learn from the expertise and the 

14 security practices of passenger rail and public trans15 portation systems in foreign nations that have expe16 rienced terrorist attacks on such systems. 

17 SEC. 309. UNDERWATER TUNNEL SECURITY DEMONSTRA18 TION PROJECT. 

19 (a) DEMONSTRATION PROJECT.—The Assistant Sec20 retary, in consultation with the Under Secretary for 

21 Science and Technology, shall conduct a full-scale dem22 onstration project to test and assess the feasibility and 

23 effectiveness of certain technologies to enhance the secu24 rity of underwater public transportation tunnels against 


smartinez on PROD1PC64 with BILLS
100 

HR 2200 RFS 

1 terrorist attacks involving the use of improvised explosive 

2 devices. 

3 (b) INFLATABLE PLUGS.— 

4 (1) IN GENERAL.—At least one of the tech5 nologies tested under subsection (a) shall be inflat6 able plugs that may be rapidly deployed to prevent 

7 flooding of a tunnel. 

8 (2) FIRST TECHNOLOGY TESTED.—Not later 

9 than 180 days after the date of enactment of this 

10 Act, the Assistant Secretary shall carry out a dem11 onstration project that tests the effectiveness of 

12 using inflatable plugs for the purpose described in 

13 paragraph (1). 

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

15 after completion of the demonstration project under this 

16 section, the Assistant Secretary shall submit a report to 

17 the appropriate committees of Congress, including the 

18 Committee on Homeland Security of the House of Rep19 resentatives, on the results of the demonstration project. 

20 (d) AUTHORIZATION OF APPROPRIATION.—Of the 

21 amounts made available under section 101 for fiscal year 

22 2010, $8,000,000 shall be available to carry out this sec23 tion. 


smartinez on PROD1PC64 with BILLS
101 

HR 2200 RFS 

1 SEC. 310. PASSENGER RAIL SECURITY DEMONSTRATION 

2 PROJECT. 

3 (a) DEMONSTRATION PROJECT.—The Assistant Sec4 retary, in consultation with the Under Secretary for 

5 Science and Technology, shall conduct a demonstration 

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

7 feasibility and effectiveness of technologies to strengthen 

8 the security of passenger rail systems against terrorist at9 tacks involving the use of improvised explosive devices. 

10 (b) SECURITY TECHNOLOGIES.—The demonstration 

11 project under this section shall test and assess tech12 nologies to— 

13 (1) detect improvised explosive devices on sta14 tion platforms, through the use of foreign object de15 tection programs in conjunction with cameras; and 

16 (2) defeat improvised explosive devices left on 

17 rail tracks. 

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

19 after completion of the demonstration project under this 

20 section, the Assistant Secretary shall submit a report to 

21 the appropriate committees of Congress, including the 

22 Committee on Homeland Security of the House of Rep23 resentatives, on the results of the demonstration project. 


smartinez on PROD1PC64 with BILLS
102 

HR 2200 RFS 

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) ALLOCATION.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 increase the number of canine teams certified 

13 by the Transportation Security Administration 

14 for the purpose of passenger rail and public 

15 transportation security activities to not less 

16 than 200 canine teams by the end of fiscal year 

17 2011. 

18 ‘‘(B) COOPERATIVE AGREEMENTS.—The 

19 Secretary shall expand the use of canine teams 

20 to enhance passenger rail and public transpor21 tation security by entering into cooperative 

22 agreements with passenger rail and public 

23 transportation agencies eligible for security as24 sistance under section 1406 of this Act for the 

25 purpose of deploying and maintaining canine 

26 teams to such agencies for use in passenger rail 


smartinez on PROD1PC64 with BILLS
103 

HR 2200 RFS 

1 or public transportation security activities and 

2 providing for assistance in an amount not less 

3 than $75,000 for each canine team deployed, to 

4 be adjusted by the Secretary for inflation. 

5 ‘‘(C) AUTHORIZATION OF APPROPRIA6 TIONS.—From amounts made available under 

7 section 101 of the Transportation Security Ad8 ministration Authorization Act, there are au9 thorized to be appropriated to the Secretary 

10 such sums as may be necessary to carry out 

11 this paragraph for fiscal years 2010 and 

12 2011.’’; 

13 (2) in subsection (d)— 

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

15 (B) in paragraph (4), by striking the pe16 riod at the end and inserting the following: ‘‘; 

17 and’’; and 

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

19 paragraph: 

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

21 detect vapor wave trails in passenger rail and public 

22 transportation security environments, as the Sec23 retary, in consultation with the Assistant Secretary, 

24 determines appropriate.’’; 


smartinez on PROD1PC64 with BILLS
104 

HR 2200 RFS 

1 (3) in subsection (e), by striking ‘‘, if appro2 priate,’’ and inserting ‘‘, to the extent practicable,’’; 

3 and 

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

5 following new subsection (f): 

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

7 of the enactment of the Transportation Security Adminis8 tration Authorization Act, the Comptroller General shall 

9 submit to the appropriate congressional committees a re10 port on— 

11 ‘‘(1) utilization of explosives detection canine 

12 teams to strengthen security in passenger rail and 

13 public transportation environments; 

14 ‘‘(2) the capacity of the national explosive de15 tection canine team program as a whole; and 

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

17 support State and local passenger rail and public 

18 transportation entities in maintaining certified ca19 nine teams for the life of the canine, including by 

20 providing financial assistance.’’. 

21 SEC. 312. DEPUTY ASSISTANT SECRETARY FOR SURFACE 

22 TRANSPORTATION SECURITY. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


smartinez on PROD1PC64 with BILLS
105 

HR 2200 RFS 

1 (1) the Transportation Security Administra2 tion’s capacity to address surface transportation se3 curity would be enhanced significantly by estab4 lishing a position of Deputy Assistant Secretary for 

5 Surface Transportation Security to lead the Trans6 portation Security Administration’s surface trans7 portation security mission; and 

8 (2) a Deputy Assistant Secretary for Surface 

9 Transportation Security could provide the focused 

10 leadership and resource management necessary to 

11 implement the policies and programs that are crit12 ical to securing surface transportation modes and 

13 ensure the effectiveness of the Surface Transpor14 tation Security Inspection Office, security policy and 

15 grant functions affecting surface transportation 

16 modes, and the Transit Security Advisory Com17 mittee. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—Not later than 270 days 

20 after the date of enactment of this Act, the Inspec21 tor General of the Department of Homeland Secu22 rity shall submit to the Committee on Homeland Se23 curity of the House of Representatives and the Com24 mittee on Homeland Security and Governmental Af25 fairs of the Senate a report on the feasibility and 


smartinez on PROD1PC64 with BILLS
106 

HR 2200 RFS 

1 merit of establishing a Deputy Assistant Secretary 

2 for Surface Transportation Security in the Trans3 portation Security Administration to reflect the re4 ality of security threats that are faced by all modes 

5 of transportation in the United States and also 

6 whether establishing the position of a Deputy Assist7 ant Secretary for Aviation Security would more ef8 fectively streamline or enhance the operational and 

9 policymaking capabilities of the Transportation Se10 curity Administration for all transportation modes. 

11 (2) RECOMMENDATIONS.—The Inspector Gen12 eral shall include in the report recommendations 

13 on— 

14 (A) the most effective and efficient ways to 

15 organize offices, functions, personnel, and pro16 grams of the Transportation Security Adminis17 tration under or among all respective Deputy 

18 Assistant Secretary positions to be created; 

19 (B) what offices, functions, personnel, and 

20 programs of the Transportation Security Ad21 ministration would best remain outside of the 

22 scope of any new Deputy Assistant Secretary 

23 positions in order that such offices, functions, 

24 personnel, and programs maintain the status of 


smartinez on PROD1PC64 with BILLS
107 

HR 2200 RFS 

1 reporting directly to the Assistant Secretary; 

2 and 

3 (C) any other relevant matters, as the In4 spector General determines appropriate. 

5 SEC. 313. PUBLIC HEARINGS ON SECURITY ASSISTANCE 

6 GRANT PROGRAM AND THE RESTRICTION OF 

7 SECURITY IMPROVEMENT PRIORITIES. 

8 (a) PUBLIC HEARINGS.—Not later than 180 days 

9 after the date of the enactment of this Act, the Assistant 

10 Secretary shall conduct public hearings on the administra11 tion of the security assistance grant program under sec12 tion 1406 of the Implementing Recommendations of the 

13 9/11 Commission Act of 2007 (6 U.S.C. 1135). The As14 sistant Secretary shall— 

15 (1) solicit information and input from the 5 

16 urban areas that receive the largest amount of grant 

17 funds under such section, including recipients pro18 viding mass transportation and passenger rail serv19 ices; and 

20 (2) solicit feedback from such recipients on 

21 whether current allowable uses of grant funds under 

22 the regulations or guidance implementing the grant 

23 program are sufficient to address security improve24 ment priorities identified by transit agencies. 


smartinez on PROD1PC64 with BILLS
108 

HR 2200 RFS 

1 (b) REPORT TO CONGRESS.—The Assistant Sec2 retary shall submit to the Committees on Appropriations 

3 and Homeland Security of the House of Representatives 

4 and the Committees on Appropriations and Homeland Se5 curity and Governmental Affairs of the Senate a report 

6 on the findings of the public hearings conducted under 

7 paragraph (1). The report shall include— 

8 (1) the Assistant Secretary’s determinations 

9 with respect to the extent to which security improve10 ment priorities identified by transit agencies are not 

11 met by the regulations or guidance implementing the 

12 grant program; and 

13 (2) how such regulations or guidance should be 

14 changed to accommodate such priorities, or the As15 sistant Secretary’s justification for not addressing 

16 such priorities with the grant program. 

17 TITLE IV—TRANSPORTATION 

18 SECURITY ENHANCEMENTS 

19 Subtitle A—Security 

20 Enhancements 

21 SEC. 401. REPORT AND RECOMMENDATION FOR UNIFORM 

22 SECURITY BACKGROUND CHECKS. 

23 Not later than one year after the date of enactment 

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


smartinez on PROD1PC64 with BILLS
109 

HR 2200 RFS 

1 Committee on Homeland Security of the House of Rep2 resentatives a report that contains— 

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

4 identification required under State and local trans5 portation security programs; 

6 (2) a determination as to whether the back7 ground checks and forms of identification required 

8 under such programs duplicate or conflict with Fed9 eral programs; and 

10 (3) recommendations on limiting the number of 

11 background checks and forms of identification re12 quired under such programs to reduce or eliminate 

13 duplication with Federal programs. 

14 SEC. 402. ANIMAL-PROPELLED VESSELS. 

15 Notwithstanding section 70105 of title 46, United 

16 States Code, the Secretary shall not require an individual 

17 to hold a transportation security card, or be accompanied 

18 by another individual who holds such a card if— 

19 (1) the individual has been issued a license, cer20 tificate of registry, or merchant mariner’s document 

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

22 Code; 

23 (2) the individual is not allowed unescorted ac24 cess to a secure area designated in a vessel or facil25 ity security plan approved by the Secretary; and 


smartinez on PROD1PC64 with BILLS
110 

HR 2200 RFS 

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

2 a live animal-propelled vessel. 

3 SEC. 403. REQUIREMENTS FOR ISSUANCE OF TRANSPOR4 TATION SECURITY CARDS; ACCESS PENDING 

5 ISSUANCE; REDUNDANT BACKGROUND 

6 CHECKS. 

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

8 amended by adding at the end the following new sub9 sections: 

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

11 with owners and operators subject to this section to allow 

12 any individual who has a pending application for a trans13 portation security card under this section or is waiting for 

14 reissuance of such card, including any individual whose 

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

16 work in a secure or restricted area to have access to such 

17 area for that purpose through escorting of such individual 

18 in accordance with subsection (a)(1)(B) by another indi19 vidual who holds a transportation security card. 

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

21 an initial transportation security card application and re22 spond to the applicant, as appropriate, including the mail23 ing of an Initial Determination of Threat Assessment let24 ter, within 30 days after receipt of the initial application. 

25 The Secretary shall, to the greatest extent practicable, reVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
111 

HR 2200 RFS 

1 view appeal and waiver requests submitted by a transpor2 tation security card applicant, and send a written decision 

3 or request for additional information required for the ap4 peal or waiver determination, within 30 days after receipt 

5 of the applicant’s appeal or waiver written request. For 

6 an applicant that is required to submit additional informa7 tion for an appeal or waiver determination, the Secretary 

8 shall send a written decision, to the greatest extent prac9 ticable, within 30 days after receipt of all requested infor10 mation. 

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

12 date of enactment of the Transportation Security Admin13 istration Authorization Act, the Secretary shall develop a 

14 process to permit an individual approved for a transpor15 tation security card under this section to receive the card 

16 at the individual’s place of residence. 

17 ‘‘(q) FINGERPRINTING.—The Secretary shall estab18 lish procedures providing for an individual who is required 

19 to be fingerprinted for purposes of this section to be 

20 fingerprinted at facilities operated by or under contract 

21 with an agency of the Department of the Secretary that 

22 engages in fingerprinting the public for transportation se23 curity or other security purposes. 

24 ‘‘(r) REDUNDANT BACKGROUND CHECKS.—The Sec25 retary shall prohibit a State or political subdivision thereof 


smartinez on PROD1PC64 with BILLS
112 

HR 2200 RFS 

1 from requiring a separate security background check for 

2 any purpose for which a transportation security card is 

3 issued under this section. The Secretary may waive the 

4 application of this subsection with respect to a State or 

5 political subdivision thereof if the State or political sub6 division demonstrates a compelling homeland security rea7 son that a separate security background check is nec8 essary.’’. 

9 SEC. 404. HARMONIZING SECURITY CARD EXPIRATIONS. 

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

11 amended by adding at the end the following new para12 graph: 

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

14 the expiration of a biometric transportation security card 

15 required by this section to align the expiration with the 

16 expiration of a license, certificate of registry, or merchant 

17 mariner document required under chapter 71 or 73.’’. 

18 SEC. 405. SECURING AVIATION FROM EXTREME TERRORIST 

19 THREATS. 

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

21 (1) In 2001, Congress gave the Assistant Sec22 retary, Transportation Security Administration, the 

23 task to ‘‘develop policies, strategies, and plans for 

24 dealing with threats to transportation security’’. The 

25 individuals currently held at the Naval Station, 


smartinez on PROD1PC64 with BILLS
113 

HR 2200 RFS 

1 Guantanamo Bay, Cuba, were detained during 

2 armed conflict and pose a serious and continuing 

3 threat to the transportation security interests of the 

4 United States and its allies. 

5 (2) Terrorists, including Khalid Sheikh Moham6 mad, the admitted mastermind of the September 11, 

7 2001 terrorist attacks, have clearly demonstrated 

8 their desire and intent to use airplanes as weapons 

9 to kill innocent Americans. The August 2006 liquid 

10 explosive plot to take down 10 commercial airliners 

11 over the United States is positive proof that air 

12 transportation continues to be a target. 

13 (3) In light of al Qaeda’s propensity to conduct 

14 aviation-related attacks and the fact that, according 

15 to the Department of Defense, at least 74 former 

16 Guantanamo Bay detainees once considered ‘‘non17 threatening’’ are recidivists to terrorism, restrictions 

18 on the air travel of former detainees are necessary 

19 to protect the public from future attacks. 

20 (4) Therefore, individuals who are or have been 

21 detained at Guantanamo should not be allowed to fly 

22 commercially in the United States and should be 

23 added to the Transportation Security Administra24 tion’s No Fly List, until the President certifies that 


smartinez on PROD1PC64 with BILLS
114 

HR 2200 RFS 

1 each individual detainee poses no threat to the 

2 United States, its citizens, or its allies. 

3 (b) PROHIBITION OF DETAINEE USE OF COMMER4 CIAL AVIATION.—Section 44903(j)(2)(C) of title 49, 

5 United States Code, as amended by section 213 of the bill, 

6 is further amended by adding at the end the following: 

7 ‘‘(vi) INCLUSION OF DETAINEES ON

8 NO FLY LIST.—The Assistant Secretary, in 

9 coordination with the Terrorist Screening 

10 Center, shall include on the No Fly List 

11 any individual who was a detainee held at 

12 the Naval Station, Guantanamo Bay, 

13 Cuba, unless the President certifies in 

14 writing to Congress that the detainee poses 

15 no threat to the United States, its citizens, 

16 or its allies. For purposes of this clause, 

17 the term ‘detainee’ means an individual in 

18 the custody or under the physical control 

19 of the United States as a result of armed 

20 conflict.’’. 

21 SEC. 406. PIPELINE SECURITY STUDY. 

22 (a) STUDY.—The Comptroller General shall conduct 

23 a study regarding the roles and responsibilities of the De24 partment of Homeland Security and the Department of 


smartinez on PROD1PC64 with BILLS
115 

HR 2200 RFS 

1 Transportation with respect to pipeline security. The 

2 study shall address whether— 

3 (1) the Annex to the Memorandum of Under4 standing executed on August 9, 2006, between the 

5 Department of Homeland Security and the Depart6 ment of Transportation adequately delineates stra7 tegic and operational responsibilities for pipeline se8 curity, including whether it is clear which Depart9 ment is responsible for— 

10 (A) protecting against intentional pipeline 

11 breaches; 

12 (B) responding to intentional pipeline 

13 breaches; and 

14 (C) planning to recover from the effects of 

15 intentional pipeline breaches; 

16 (2) the respective roles and responsibilities of 

17 each Department are adequately conveyed to rel18 evant stakeholders and to the public; and 

19 (3) the processes and procedures for deter20 mining whether a particular pipeline breach is a ter21 rorist incident are clear and effective. 

22 (b) REPORT ON STUDY.—Not later than 180 days 

23 after the date of enactment of this section, the Comp24 troller General shall submit to the Committee on Home25 land Security in the House of Representatives a report 


smartinez on PROD1PC64 with BILLS
116 

HR 2200 RFS 

1 containing the findings of the study conducted under sub2 section (a). 

3 (c) REPORT TO CONGRESS.—Not later than 90 days 

4 after the issuance of the report regarding the study con5 ducted pursuant to this section, the Secretary of Home6 land Security shall review and analyze the study and sub7 mit to the Committee on Homeland Security of the House 

8 of Representatives a report on such review and analysis, 

9 including any recommendations for— 

10 (1) changes to the Annex to the Memorandum 

11 of Understanding described in subsection (a)(1); and 

12 (2) other improvements to pipeline security ac13 tivities at the Department of Homeland Security. 

14 SEC. 407. TRANSPORTATION SECURITY ADMINISTRATION 

15 CENTRALIZED TRAINING FACILITY. 

16 (a) STUDY.—The Secretary of Homeland Security 

17 shall carry out a study on the feasibility of establishing 

18 a centralized training center for advanced security train19 ing provided by the Transportation Security Administra20 tion for the purpose of enhancing aviation security. 

21 (b) CONSIDERATIONS.—In conducting the study, the 

22 Secretary shall take into consideration the benefits, costs, 

23 equipment, personnel needs, and building requirements for 

24 establishing such a training center and if the benefits of 


smartinez on PROD1PC64 with BILLS
117 

HR 2200 RFS 

1 establishing the center are an efficient use of resources 

2 for training transportation security officers. 

3 (c) REPORT.—Not later than one year after the date 

4 of enactment of this Act, the Secretary shall submit to 

5 the Committee on Homeland Security of the House of 

6 Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate a report re8 garding the results of the study. 

9 Subtitle B—SAFE Truckers Act of 

10 2009 

11 SEC. 431. SHORT TITLE. 

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

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

14 ‘‘SAFE Truckers Act of 2009’’. 

15 SEC. 432. SURFACE TRANSPORTATION SECURITY. 

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

17 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

18 end the following: 

19 ‘‘TITLE XXI—SURFACE 

20 TRANSPORTATION SECURITY 

21 ‘‘SEC. 2101. TRANSPORTATION OF SECURITY SENSITIVE MA22 TERIALS. 

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

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

25 the Secretary shall issue final regulations, after notice and 


smartinez on PROD1PC64 with BILLS
118 

HR 2200 RFS 

1 comment, defining security sensitive materials for the pur2 poses of this title. 

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

4 shall prohibit an individual from operating a motor vehicle 

5 in commerce while transporting a security sensitive mate6 rial unless the individual holds a valid transportation secu7 rity card issued by the Secretary under section 70105 of 

8 title 46, United States Code. 

9 ‘‘(c) SHIPPERS.—The Secretary shall prohibit a per10 son from— 

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

12 transportation by motor vehicle in commerce; or 

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

14 transported by motor vehicle in commerce, 

15 unless the motor vehicle operator transporting the security 

16 sensitive material holds a valid transportation security 

17 card issued by the Secretary under section 70105 of title 

18 46, United States Code. 

19 ‘‘SEC. 2102. ENROLLMENT LOCATIONS. 

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

21 shall— 

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

23 that fingerprinting locations for individuals applying 

24 for a transportation security card under section 


smartinez on PROD1PC64 with BILLS
119 

HR 2200 RFS 

1 70105 of title 46, United States Code, have flexible 

2 operating hours; and 

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

4 transportation security card to utilize a 

5 fingerprinting location outside of the individual’s 

6 State of residence to the greatest extent practicable. 

7 ‘‘(b) RECEIPT AND ACTIVATION OF CARDS.—The 

8 Secretary shall develop guidelines and procedures to per9 mit an individual to receive a transportation security card 

10 under section 70105 of title 46, United States Code, at 

11 the individual’s place of residence and to activate the card 

12 at any enrollment center. 

13 ‘‘(c) NUMBER OF LOCATIONS.—The Secretary shall 

14 develop and implement a plan— 

15 ‘‘(1) to offer individuals applying for a trans16 portation security card under section 70105 of title 

17 46, United States Code, the maximum number of 

18 fingerprinting locations practicable across diverse ge19 ographic regions; and 

20 ‘‘(2) to conduct outreach to appropriate stake21 holders, including owners, operators, and relevant 

22 entities (and labor organizations representing em23 ployees of such owners, operators, and entities), to 

24 keep the stakeholders informed of the timeframe and 


smartinez on PROD1PC64 with BILLS
120 

HR 2200 RFS 

1 locations for the opening of additional fingerprinting 

2 locations. 

3 ‘‘(d) AUTHORIZATION.—There are authorized to be 

4 appropriated such sums as may be necessary to carry out 

5 this section. 

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

7 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

8 ensure compliance with this title. 

9 ‘‘(b) MEMORANDUM OF UNDERSTANDING.—The Sec10 retary may enter into a memorandum of understanding 

11 with the Secretary of Transportation to ensure compliance 

12 with section 2101. 

13 ‘‘SEC. 2104. CIVIL PENALTIES. 

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

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

16 Government pursuant to the Secretary’s authority under 

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

18 ‘‘SEC. 2105. COMMERCIAL MOTOR VEHICLE OPERATORS 

19 REGISTERED TO OPERATE IN MEXICO OR 

20 CANADA. 

21 ‘‘The Secretary shall prohibit a commercial motor ve22 hicle operator licensed to operate in Mexico or Canada 

23 from operating a commercial motor vehicle transporting 

24 a security sensitive material in commerce in the United 

25 States until the operator has been subjected to, and not 


smartinez on PROD1PC64 with BILLS
121 

HR 2200 RFS 

1 disqualified as a result of, a security background records 

2 check by a Federal agency that the Secretary determines 

3 is similar to the security background records check re4 quired for commercial motor vehicle operators in the 

5 United States transporting security sensitive materials in 

6 commerce. 

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

8 ‘‘The Secretary shall determine that an individual ap9 plying for a transportation security card under section 

10 70105 of title 46, United States Code, has met the back11 ground check requirements for such card if the individual 

12 was subjected to, and not disqualified as a result of, a 

13 security background records check by a Federal agency 

14 that the Secretary determines is equivalent to or more 

15 stringent than the background check requirements for 

16 such card. 

17 ‘‘SEC. 2107. REDUNDANT BACKGROUND CHECKS. 

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

19 this title, the Secretary shall prohibit a State or political 

20 subdivision thereof from requiring a separate security 

21 background check of an individual seeking to transport 

22 hazardous materials. 

23 ‘‘(b) WAIVERS.—The Secretary may waive the appli24 cation of subsection (a) with respect to a State or political 

25 subdivision thereof if the State or political subdivision 


smartinez on PROD1PC64 with BILLS
122 

HR 2200 RFS 

1 demonstrates a compelling homeland security reason that 

2 a separate security background check is necessary to en3 sure the secure transportation of hazardous materials in 

4 the State or political subdivision. 

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

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

7 to ensure that an individual has the requisite knowledge 

8 and skills to safely transport hazardous materials in com9 merce. 

10 ‘‘SEC. 2108. TRANSITION. 

11 ‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR

12 HAZARDOUS MATERIALS ENDORSEMENTS.—The Sec13 retary shall treat an individual who has obtained a haz14 ardous materials endorsement in accordance with section 

15 1572 of title 49, Code of Federal Regulations, before the 

16 date of enactment of this title, as having met the back17 ground check requirements of a transportation security 

18 card under section 70105 of title 46, United States Code, 

19 subject to reissuance or expiration dates of the hazardous 

20 materials endorsement. 

21 ‘‘(b) REDUCTION IN FEES.—The Secretary shall re22 duce, to the greatest extent practicable, any fees associ23 ated with obtaining a transportation security card under 

24 section 70105 of title 46, United Sates Code, for any indi25 vidual referred to in subsection (a). 


smartinez on PROD1PC64 with BILLS
123 

HR 2200 RFS 

1 ‘‘SEC. 2109. SAVINGS CLAUSE. 

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

3 the authority of the Secretary of Transportation to regu4 late hazardous materials under chapter 51 of title 49, 

5 United States Code. 

6 ‘‘SEC. 2110. DEFINITIONS. 

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

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

9 trade or transportation in the jurisdiction of the 

10 United States— 

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

12 place outside of the State; or 

13 ‘‘(B) that affects trade or transportation 

14 between a place in a State and a place outside 

15 of the State. 

16 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz17 ardous material’ has the meaning given that term in 

18 section 5102 of title 49, United States Code. 

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

20 to its meaning under section 1 of title 1, United 

21 States Code— 

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

23 or authority of a government or tribe offering 

24 security sensitive material for transportation in 

25 commerce or transporting security sensitive ma26 terial to further a commercial enterprise; but 


smartinez on PROD1PC64 with BILLS
124 

HR 2200 RFS 

1 ‘‘(B) does not include— 

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

3 and 

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

5 agency, or instrumentality of the Govern6 ment. 

7 ‘‘(4) SECURITY SENSITIVE MATERIAL.—The 

8 term ‘security sensitive material’ has the meaning 

9 given that term in section 1501 of the Implementing 

10 Recommendations of the 9/11 Commission Act of 

11 2007 (6 U.S.C. 1151). 

12 ‘‘(5) TRANSPORTS; TRANSPORTATION.—The 

13 term ‘transports’ or ‘transportation’ means the 

14 movement of property and loading, unloading, or 

15 storage incidental to such movement.’’. 

16 SEC. 433. CONFORMING AMENDMENT. 

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

18 Homeland Security Act of 2002 (116 Stat. 2135) is 

19 amended by adding at the end the following: 

‘‘TITLE XXI—SURFACE TRANSPORTATION SECURITY 

‘‘Sec. 2101. Transportation of security sensitive materials. 

‘‘Sec. 2102. Enrollment locations. 

‘‘Sec. 2103. Authority to ensure compliance. 

‘‘Sec. 2104. Civil penalties. 

‘‘Sec. 2105. Commercial motor vehicle operators registered to operate in Mexico 

or Canada. 

‘‘Sec. 2106. Other security background checks. 

‘‘Sec. 2107. Redundant background checks. 

‘‘Sec. 2108. Transition. 

‘‘Sec. 2109. Savings clause. 

‘‘Sec. 2110. Definitions.’’. 


smartinez on PROD1PC64 with BILLS
125 

HR 2200 RFS 

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

2 Section 5103a of title 49, United States Code, and 

3 the item relating to that section in the analysis for chapter 

4 51 of such title, are repealed. 

5 SEC. 435. DEADLINES AND EFFECTIVE DATES. 

6 (a) ISSUANCE OF TRANSPORTATION SECURITY

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

8 begin issuance of transportation security cards under sec9 tion 70105 of title 46, United States Code, to individuals 

10 who seek to operate a motor vehicle in commerce while 

11 transporting security sensitive materials. 

12 (b) EFFECTIVE DATE OF PROHIBITIONS.—The pro13 hibitions contained in sections 2101 and 2106 of the 

14 Homeland Security Act of 2002 (as added by this subtitle) 

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

16 of enactment of this Act. 

17 (c) EFFECTIVE DATE OF SECTION 434 AMEND18 MENTS.—The amendments made by section 434 of this 

19 Act shall take effect on the date that is 3 years after the 

20 date of enactment of this Act. 

21 SEC. 436. TASK FORCE ON DISQUALIFYING CRIMES. 

22 (a) ESTABLISHMENT.—The Secretary shall establish 

23 a task force to review the lists of crimes that disqualify 

24 individuals from transportation-related employment under 

25 current regulations of the Transportation Security AdminVerDate Nov 24 2008 23:32 Jun 08, 2009 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.RFS H2200

smartinez on PROD1PC64 with BILLS
126 

HR 2200 RFS 

1 istration and assess whether such lists of crimes are accu2 rate indicators of a terrorism security risk. 

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

4 of representatives of appropriate industries, including 

5 labor unions representing employees of such industries, 

6 Federal agencies, and other appropriate entities, as deter7 mined by the Secretary. 

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

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

10 the Secretary and the Committee on Homeland Security 

11 of the House of Representatives a report containing the 

12 results of the review, including recommendations for a 

13 common list of disqualifying crimes and the rationale for 

14 the inclusion of each crime on the list. 

Passed the House of Representatives June 4, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


smartinez on PROD1PC64 with BILLS