79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–917 

TSA NATIONAL DEPLOYMENT FORCE ACT 

SEPTEMBER 4, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. MCCAUL, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 6461] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 6461) to amend title 49, United States Code, to establish 

in the Transportation Security Administration a National Deployment Office, and for other purposes, having considered the same, 

report favorably thereon without amendment and recommend that 

the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 2 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Congressional Budget Office Estimate ................................................................... 3 

Statement of General Performance Goals and Objectives .................................... 4 

Duplicative Federal Programs ................................................................................ 4 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 4 

Federal Mandates Statement ................................................................................. 4 

Preemption Clarification ......................................................................................... 4 

Disclosure of Directed Rule Makings ..................................................................... 4 

Advisory Committee Statement .............................................................................. 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

2 

PURPOSE AND SUMMARY

H.R. 6461 codifies and authorizes the National Deployment Force 

(NDF) within the Transportation Security Administration (TSA). 

The bill establishes the National Deployment Office and tasks it 

with managing the NDF, recruiting Transportation Security Officers (TSOs) to participate, and training the TSOs who join the 

NDF. Finally, H.R. 6461 requires TSA to provide Congress with an 

annual report on the NDF, including its activities, collaboration 

with other Department of Homeland Security components, staffing, 

and recruitment and training activities. 

BACKGROUND AND NEED FOR LEGISLATION

TSA’s National Deployment Force (NDF) is a rapid response 

force of Transportation Security Officers (TSOs) and other TSA employees, based at airports around the country, who can be deployed 

around the country in support of homeland security operations. 

TSOs on the NDF typically serve one-year terms. Examples of situations where the NDF has been or could be deployed include National Special Security Events and the aftermath of natural disasters or terrorist attacks. The NDF has also been used to support 

airports across that country that have experienced hiring shortfalls 

or require additional personnel due to seasonal demands. H.R. 

6461 codifies the NDF to ensure TSA maintains its important rapid 

response and security capabilities. 

HEARINGS

The Committee did not hold a legislative hearing on H.R. 6461. 

However, the Committee held a hearing with Department officials 

on November 8, 2017, to discuss TSA’s role in keeping our transportation systems secure. The Subcommittee on Transportation and 

Protective Security also held a hearing on April 12, 2018 entitled 

‘‘Examining the President’s FY 2019 Budget Request for the Transportation Security Administration’’. Testimony was heard from 

David P. Pekoske, Administrator, Transportation Security Administration, Department of Homeland Security; and public witnesses. 

COMMITTEE CONSIDERATION

The Committee met on July 24, 2018, to consider H.R. 6461, and 

ordered the measure to be reported to the House with a favorable 

recommendation, without amendment, by unanimous consent. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during consideration of H.R. 

6461. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

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NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 6461, the 

TSA National Deployment Force Act, would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 31, 2018. 

Hon. MICHAEL MCCAUL, Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6459, the TSA Opportunities to Pursue Expanded Networks for Business Act, and H.R. 

6461, the TSA National Deployment Force Act. 

If you wish further details on these estimates, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

Transportation Security Administration Legislation 

On July 24, the House Committee on Homeland Security ordered 

two bills to be reported related to activities of the Transportation 

Security Administration (TSA): 

• H.R. 6459, the TSA Opportunities to Pursue Expanded 

Networks for Business Act, would require the agency to develop a strategy for diversifying and encouraging participation 

of small businesses in the marketplace through which TSA acquires security-related technologies; and 

• H.R. 6461, the TSA National Deployment Force Act, would 

establish an office responsible for deploying TSA personnel to 

provide additional security at airports and other locations and 

to respond to manmade disasters and other situations. 

Using information from the TSA regarding the costs of similar 

activities, CBO estimates that neither of those bills would lead to 

additional federal spending of more then $500,000 annually. (Such 

spending would be subject to appropriation.) 

Neither H.R. 6459 nor H.R. 6461 would affect direct spending or 

revenues; therefore, pay-as-you-go procedures do not apply for either bill. 

Neither bill would increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 

2029, CBO estimates. 

4 

H.R. 6459 and H.R. 6461 contain no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform 

Act. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was reviewed by Leo Lex, Deputy Assistant Director for 

Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 6461 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

This legislation establishes a National Deployment Office within 

the Transportation Security Administration to create and maintain 

a National Deployment Force, comprised of TSA employees, to be 

utilized in times of emergency or excessive demand. This bill’s 

goals will be assessed by directing the Administrator of the TSA to 

submit a report regarding the activities of the National Deployment Office to the Committee on Homeland Security of the House 

of Representatives and Committee on Commerce, Science, and 

Transportation of the Senate, not later than one year after the date 

of the enactment of this legislation and annually thereafter for five 

years. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 6461 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the rule XXI. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 

the Committee finds that H.R. 6461 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 6461 would require no directed rule makings. 

5 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides that this bill may be cited as the ‘‘TSA National Deployment Force Act’’. 

Sec. 2. National Deployment Office 

This section establishes a National Deployment Office (NDO) 

within the Transportation Security Administration. The head of the 

National Deployment Office shall be responsible for maintaining a 

National Deployment Force (NDF) comprised of Transportation Security Officers, who will provide the TSA with rapid and efficient 

response capabilities. The NDO shall augment homeland security 

operations, including in the following situations: airports temporarily requiring additional security personnel due to an emergency, 

seasonal demands, hiring shortfalls, severe weather conditions, 

passenger volume mitigation, equipment support or other reasons; 

special events requiring enhanced security determined by the Secretary of Homeland Security, including National Special Security 

events; response in the aftermath of any manmade disaster, including terrorist attack; and other situations determined by the TSA 

Administrator. 

In addition to maintaining the NDF, the head of the NDO is also 

responsible for educating transportation security officers on ways to 

participate in the National Deployment Force, recruiting officers to 

serve on the NDF in accordance with the staffing model developed 

by the TSA, and selecting and training the officers that serve on 

the NDF. 

Sec. 3. Conforming amendment 

This section makes conforming changes to the United States 

code. 

Sec. 4. Career development 

This section allows for service in the National Deployment Force 

to serve as a positive factor when evaluating applicants for promotions within TSA. 

Sec. 5. Annual report 

This section requires TSA to submit a report to Congress, no 

later than one year after the enactment of this Act, on the activities of the National Deployment Office and the National Deployment Force. The report will include: when, where, why, how many, 

and for how long the National Deployment Force was deployed over 

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the past year; the costs associated with the deployments; a description of collaboration between the National Deployment Office and 

other components of the Department of Homeland Security, other 

Federal agencies, and State and local transportation security stakeholders; the size of the National Deployment Force; and information on recruitment, appointment, and training activities of the National Deployment Force. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—DEPARTMENT OF 

TRANSPORTATION 

* * * * * * * 

CHAPTER 1—ORGANIZATION 

* * * * * * * 

§ 114. Transportation Security Administration 

(a) IN GENERAL.—The Transportation Security Administration 

shall be an administration of the Department of Transportation. 

(b) UNDER SECRETARY.— 

(1) APPOINTMENT.—The head of the Administration shall be 

the Under Secretary of Transportation for Security. The Under 

Secretary shall be appointed by the President, by and with the 

advice and consent of the Senate. 

(2) QUALIFICATIONS.—The Under Secretary must— 

(A) be a citizen of the United States; and 

(B) have experience in a field directly related to transportation or security. 

(3) TERM.—The term of office of an individual appointed as 

the Under Secretary shall be 5 years. 

(c) LIMITATION ON OWNERSHIP OF STOCKS AND BONDS.—The 

Under Secretary may not own stock in or bonds of a transportation 

or security enterprise or an enterprise that makes equipment that 

could be used for security purposes. 

(d) FUNCTIONS.—The Under Secretary shall be responsible for security in all modes of transportation, including— 

(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and 

(2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation. 

(e) SCREENING OPERATIONS.—The Under Secretary shall— 

7 

(1) be responsible for day-to-day Federal security screening 

operations for passenger air transportation and intrastate air 

transportation under sections 44901 and 44935; 

(2) develop standards for the hiring and retention of security 

screening personnel; 

(3) train and test security screening personnel; and 

(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States 

where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of 

other appropriate Federal agencies and departments. 

(f) ADDITIONAL DUTIES AND POWERS.—In addition to carrying out 

the functions specified in subsections (d) and (e), the Under Secretary shall— 

(1) receive, assess, and distribute intelligence information related to transportation security; 

(2) assess threats to transportation; 

(3) develop policies, strategies, and plans for dealing with 

threats to transportation security; 

(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States 

Government; 

(5) serve as the primary liaison for transportation security to 

the intelligence and law enforcement communities; 

(6) on a day-to-day basis, manage and provide operational 

guidance to the field security resources of the Administration, 

including Federal Security Managers as provided by section 

44933; 

(7) enforce security-related regulations and requirements; 

(8) identify and undertake research and development activities necessary to enhance transportation security; 

(9) inspect, maintain, and test security facilities, equipment, 

and systems; 

(10) ensure the adequacy of security measures for the transportation of cargo; 

(11) oversee the implementation, and ensure the adequacy, 

of security measures at airports and other transportation facilities; 

(12) require background checks for airport security screening 

personnel, individuals with access to secure areas of airports, 

and other transportation security personnel; 

(13) work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations; 

(14) work with the International Civil Aviation Organization 

and appropriate aeronautic authorities of foreign governments 

under section 44907 to address security concerns on passenger 

flights by foreign air carriers in foreign air transportation; 

øand¿ 

(15) establish and maintain a National Deployment Office as 

required under section 44947 of this title; and 

ø(15)¿ (16) carry out such other duties, and exercise such 

other powers, relating to transportation security as the Under 

8 

Secretary considers appropriate, to the extent authorized by 

law. 

(g) NATIONAL EMERGENCY RESPONSIBILITIES.— (1) IN GENERAL.—Subject to the direction and control of the 

Secretary, the Under Secretary, during a national emergency, 

shall have the following responsibilities: 

(A) To coordinate domestic transportation, including 

aviation, rail, and other surface transportation, and maritime transportation (including port security). 

(B) To coordinate and oversee the transportation-related 

responsibilities of other departments and agencies of the 

Federal Government other than the Department of Defense and the military departments. 

(C) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation. 

(D) To carry out such other duties, and exercise such 

other powers, relating to transportation during a national 

emergency as the Secretary shall prescribe. 

(2) AUTHORITY OF OTHER DEPARTMENTS AND AGENCIES.—The 

authority of the Under Secretary under this subsection shall 

not supersede the authority of any other department or agency 

of the Federal Government under law with respect to transportation or transportation-related matters, whether or not during 

a national emergency. 

(3) CIRCUMSTANCES.—The Secretary shall prescribe the circumstances constituting a national emergency for purposes of 

this subsection. 

(h) MANAGEMENT OF SECURITY INFORMATION.—In consultation 

with the Transportation Security Oversight Board, the Under Secretary shall— 

(1) enter into memoranda of understanding with Federal 

agencies or other entities to share or otherwise cross-check as 

necessary data on individuals identified on Federal agency 

databases who may pose a risk to transportation or national 

security; 

(2) establish procedures for notifying the Administrator of 

the Federal Aviation Administration, appropriate State and 

local law enforcement officials, and airport or airline security 

officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat 

to airline or passenger safety; 

(3) in consultation with other appropriate Federal agencies 

and air carriers, establish policies and procedures requiring air 

carriers— 

(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to 

civil aviation or national security; and 

(B) if such an individual is identified, notify appropriate 

law enforcement agencies, prevent the individual from 

boarding an aircraft, or take other appropriate action with 

respect to that individual; and 

9 

(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose 

of identifying individuals who may pose a threat to aviation 

safety or national security. 

(i) VIEW OF NTSB.—In taking any action under this section that 

could affect safety, the Under Secretary shall give great weight to 

the timely views of the National Transportation Safety Board. 

(j) ACQUISITIONS.— (1) IN GENERAL.—The Under Secretary is authorized— 

(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within 

and outside the continental United States, as the Under 

Secretary considers necessary; 

(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain 

such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Under Secretary considers 

necessary; 

(C) to lease to others such real and personal property 

and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain and operate equipment for these facilities; 

(D) to acquire services, including such personal services 

as the Secretary determines necessary, and to acquire (by 

purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing 

sites and facilities; and 

(E) in cooperation with the Administrator of the Federal 

Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration. 

(2) TITLE.—Title to any property or interest therein acquired 

pursuant to this subsection shall be held by the Government 

of the United States. 

(k) TRANSFERS OF FUNDS.—The Under Secretary is authorized to 

accept transfers of unobligated balances and unexpended balances 

of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions transferred, 

on or after the date of enactment of the Aviation and Transportation Security Act, by law to the Under Secretary. 

(l) REGULATIONS.— 

(1) IN GENERAL.—The Under Secretary is authorized to issue, 

rescind, and revise such regulations as are necessary to carry 

out the functions of the Administration. 

(2) EMERGENCY PROCEDURES.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of law or executive order (including an executive order requiring a cost-benefit analysis), if the Under Secretary determines that a regulation or security directive must be 

issued immediately in order to protect transportation security, the Under Secretary shall issue the regulation or security directive without providing notice or an opportunity 

for comment and without prior approval of the Secretary. 

(B) REVIEW BY TRANSPORTATION SECURITY OVERSIGHT

BOARD.—Any regulation or security directive issued under 

10 

this paragraph shall be subject to review by the Transportation Security Oversight Board established under section 

115. Any regulation or security directive issued under this 

paragraph shall remain effective for a period not to exceed 

90 days unless ratified or disapproved by the Board or rescinded by the Under Secretary. 

(3) FACTORS TO CONSIDER.—In determining whether to issue, 

rescind, or revise a regulation under this section, the Under 

Secretary shall consider, as a factor in the final determination, 

whether the costs of the regulation are excessive in relation to 

the enhancement of security the regulation will provide. The 

Under Secretary may waive requirements for an analysis that 

estimates the number of lives that will be saved by the regulation and the monetary value of such lives if the Under Secretary determines that it is not feasible to make such an estimate. 

(4) AIRWORTHINESS OBJECTIONS BY FAA.— 

(A) IN GENERAL.—The Under Secretary shall not take an 

aviation security action under this title if the Administrator of the Federal Aviation Administration notifies the 

Under Secretary that the action could adversely affect the 

airworthiness of an aircraft. 

(B) REVIEW BY SECRETARY.—Notwithstanding subparagraph (A), the Under Secretary may take such an action, 

after receiving a notification concerning the action from 

the Administrator under subparagraph (A), if the Secretary of Transportation subsequently approves the action. 

(m) PERSONNEL AND SERVICES; COOPERATION BY UNDER SECRETARY.— 

(1) AUTHORITY OF UNDER SECRETARY.—In carrying out the 

functions of the Administration, the Under Secretary shall 

have the same authority as is provided to the Administrator of 

the Federal Aviation Administration under subsections (l) and 

(m) of section 106. 

(2) AUTHORITY OF AGENCY HEADS.—The head of a Federal 

agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the Under Secretary as the head has to provide services, supplies, equipment, personnel, and facilities to the Administrator of the Federal Aviation Administration under section 106(m). 

(n) PERSONNEL MANAGEMENT SYSTEM.—The personnel management system established by the Administrator of the Federal Aviation Administration under section 40122 shall apply to employees 

of the Transportation Security Administration, or, subject to the requirements of such section, the Under Secretary may make such 

modifications to the personnel management system with respect to 

such employees as the Under Secretary considers appropriate, such 

as adopting aspects of other personnel systems of the Department 

of Transportation. 

(o) AUTHORITY OF INSPECTOR GENERAL.—The Transportation Security Administration shall be subject to the Inspector General Act 

of 1978 (5 U.S.C. App.) and other laws relating to the authority of 

the Inspector General of the Department of Transportation. 

(p) LAW ENFORCEMENT POWERS.— 

11 

(1) IN GENERAL.—The Under Secretary may designate an employee of the Transportation Security Administration or other 

Federal agency to serve as a law enforcement officer. 

(2) POWERS.—While engaged in official duties of the Administration as required to fulfill the responsibilities under this 

section, a law enforcement officer designated under paragraph 

(1) may— 

(A) carry a firearm; 

(B) make an arrest without a warrant for any offense 

against the United States committed in the presence of the 

officer, or for any felony cognizable under the laws of the 

United States if the officer has probable cause to believe 

that the person to be arrested has committed or is committing the felony; and 

(C) seek and execute warrants for arrest or seizure of 

evidence issued under the authority of the United States 

upon probable cause that a violation has been committed. 

(3) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority 

provided by this subsection shall be exercised in accordance 

with guidelines prescribed by the Under Secretary, in consultation with the Attorney General of the United States, and shall 

include adherence to the Attorney General’s policy on use of 

deadly force. 

(4) REVOCATION OR SUSPENSION OF AUTHORITY.—The powers 

authorized by this subsection may be rescinded or suspended 

should the Attorney General determine that the Under Secretary has not complied with the guidelines prescribed in paragraph (3) and conveys the determination in writing to the Secretary of Transportation and the Under Secretary. 

(q) AUTHORITY TO EXEMPT.—The Under Secretary may grant an 

exemption from a regulation prescribed in carrying out this section 

if the Under Secretary determines that the exemption is in the 

public interest. 

(r) NONDISCLOSURE OF SECURITY ACTIVITIES.— 

(1) IN GENERAL.—Notwithstanding section 552 of title 5, the 

Under Secretary shall prescribe regulations prohibiting the disclosure of information obtained or developed in carrying out security under authority of the Aviation and Transportation Security Act (Public Law 107-71) or under chapter 449 of this 

title if the Under Secretary decides that disclosing the information would— 

(A) be an unwarranted invasion of personal privacy; 

(B) reveal a trade secret or privileged or confidential 

commercial or financial information; or 

(C) be detrimental to the security of transportation. 

(2) Availability of information to Congress- Paragraph (1) 

does not authorize information to be withheld from a committee of Congress authorized to have the information. 

(3) Limitation on transferability of duties- Except as otherwise provided by law, the Under Secretary may not transfer a 

duty or power under this subsection to another department, 

agency, or instrumentality of the United States. 

(4) LIMITATIONS.—Nothing in this subsection, or any other 

provision of law, shall be construed to authorize the designaVerDate Sep 11 2014 02:00 Sep 07, 2018 Jkt 079006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6601 E:\HR\OC\HR917.XXX HR917
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tion of information as sensitive security information (as defined 

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

(A) to conceal a violation of law, inefficiency, or administrative error; 

(B) to prevent embarrassment to a person, organization, 

or agency; 

(C) to restrain competition; or 

(D) to prevent or delay the release of information that 

does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. 

(s) TRANSPORTATION SECURITY STRATEGIC PLANNING.— 

(1) IN GENERAL.—The Secretary of Homeland Security shall 

develop, prepare, implement, and update, as needed— 

(A) a National Strategy for Transportation Security; and 

(B) transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, 

pipeline, public transportation, over-the-road bus, and 

other transportation infrastructure assets. 

(2) ROLE OF SECRETARY OF TRANSPORTATION.—The Secretary 

of Homeland Security shall work jointly with the Secretary of 

Transportation in developing, revising, and updating the documents required by paragraph (1). 

(3) CONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION

SECURITY.—The National Strategy for Transportation Security 

shall include the following: 

(A) An identification and evaluation of the transportation assets in the United States that, in the interests of 

national security and commerce, must be protected from 

attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, 

rail, mass transit, over-the-road bus, and other public 

transportation infrastructure assets that could be at risk 

of such an attack or disruption. 

(B) The development of risk-based priorities, based on 

risk assessments conducted or received by the Secretary of 

Homeland Security (including assessments conducted 

under the Implementing Recommendations of the 9/11 

Commission Act of 2007 across all transportation modes 

and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A). 

(C) The most appropriate, practical, and cost-effective 

means of defending those assets against threats to their 

security. 

(D) A forward-looking strategic plan that sets forth the 

agreed upon roles and missions of Federal, State, regional, 

local, and tribal authorities and establishes mechanisms 

for encouraging cooperation and participation by private 

sector entities, including nonprofit employee labor organizations, in the implementation of such plan. 

(E) A comprehensive delineation of prevention, response, 

and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United 

13 

States and threatened and executed acts of terrorism outside the United States to the extent such acts affect 

United States transportation systems. 

(F) A prioritization of research and development objectives that support transportation security needs, giving a 

higher priority to research and development directed toward protecting vital transportation assets. Transportation 

security research and development projects shall be based, 

to the extent practicable, on such prioritization. Nothing in 

the preceding sentence shall be construed to require the 

termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of 

the Implementing Recommendations of the 9/11 Commission Act of 2007. 

(G) A 3- and 10-year budget for Federal transportation 

security programs that will achieve the priorities of the 

National Strategy for Transportation Security. 

(H) Methods for linking the individual transportation 

modal security plans and the programs contained therein, 

and a plan for addressing the security needs of intermodal 

transportation. 

(I) Transportation modal security plans described in 

paragraph (1)(B), including operational recovery plans to 

expedite, to the maximum extent practicable, the return to 

operation of an adversely affected transportation system 

following a major terrorist attack on that system or other 

incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of 

the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 

70103(a) of title 46. 

(4) SUBMISSIONS OF PLANS TO CONGRESS.— 

(A) INITIAL STRATEGY.—The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans, developed under this subsection to the appropriate congressional committees not later than April 1, 

2005. 

(B) SUBSEQUENT VERSIONS.—After December 31, 2005, 

the Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the 

transportation modal security plans and any revisions to 

the National Strategy for Transportation Security and the 

transportation modal security plans, to appropriate congressional committees not less frequently than April 1 of 

each even-numbered year. 

(C) PERIODIC PROGRESS REPORT.— 

(i) REQUIREMENT FOR REPORT.—Each year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States 

Code, the Secretary of Homeland Security shall submit 

to the appropriate congressional committees an assessment of the progress made on implementing the NaVerDate Sep 11 2014 02:00 Sep 07, 2018 Jkt 079006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR917.XXX HR917
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tional Strategy for Transportation Security, including 

the transportation modal security plans. 

(ii) CONTENT.—Each progress report submitted 

under this subparagraph shall include, at a minimum, 

the following: 

(I) Recommendations for improving and implementing the National Strategy for Transportation 

Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary 

of Transportation, considers appropriate. 

(II) An accounting of all grants for transportation security, including grants and contracts for 

research and development, awarded by the Secretary of Homeland Security in the most recent 

fiscal year and a description of how such grants 

accomplished the goals of the National Strategy 

for Transportation Security. 

(III) An accounting of all— 

(aa) funds requested in the President’s 

budget submitted pursuant to section 1105 of 

title 31 for the most recent fiscal year for 

transportation security, by mode; 

(bb) personnel working on transportation 

security by mode, including the number of 

contractors; and 

(cc) information on the turnover in the previous year among senior staff of the Department of Homeland Security, including component agencies, working on transportation security issues. Such information shall include 

the number of employees who have permanently left the office, agency, or area in which 

they worked, and the amount of time that 

they worked for the Department. 

(iii) WRITTEN EXPLANATION OF TRANSPORTATION SE- CURITY ACTIVITIES NOT DELINEATED IN THE NATIONAL

STRATEGY FOR TRANSPORTATION SECURITY.—At the 

end of each fiscal year, the Secretary of Homeland Security shall submit to the appropriate congressional 

committees a written explanation of any Federal 

transportation security activity that is inconsistent 

with the National Strategy for Transportation Security, including the amount of funds to be expended for 

the activity and the number of personnel involved. 

(D) CLASSIFIED MATERIAL.—Any part of the National 

Strategy for Transportation Security or the transportation 

modal security plans that involve information that is properly classified under criteria established by Executive 

order shall be submitted to the appropriate congressional 

committees separately in a classified format. 

(E) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this subsection, the term ‘‘appropriate congressional committees’’ means the Committee on Transportation and Infrastructure and the Committee on Homeland 

15 

Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the 

Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban 

Affairs of the Senate. 

(5) PRIORITY STATUS.— 

(A) IN GENERAL.—The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts. 

(B) OTHER PLANS AND REPORTS.—The National Strategy 

for Transportation Security shall include, as an integral 

part or as an appendix— 

(i) the current National Maritime Transportation Security Plan under section 70103 of title 46; 

(ii) the report required by section 44938 of this title; 

(iii) transportation modal security plans required 

under this section; 

(iv) the transportation sector specific plan required 

under Homeland Security Presidential Directive-7; 

and 

(v) any other transportation security plan or report 

that the Secretary of Homeland Security determines 

appropriate for inclusion. 

(6) COORDINATION.—In carrying out the responsibilities 

under this section, the Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall consult, 

as appropriate, with Federal, State, and local agencies, tribal 

governments, private sector entities (including nonprofit employee labor organizations), institutions of higher learning, and 

other entities. 

(7) PLAN DISTRIBUTION.—The Secretary of Homeland Security shall make available and appropriately publicize an unclassified version of the National Strategy for Transportation 

Security, including its component transportation modal security plans, to Federal, State, regional, local and tribal authorities, transportation system owners or operators, private sector 

stakeholders, including nonprofit employee labor organizations 

representing transportation employees, institutions of higher 

learning, and other appropriate entities. 

(u) TRANSPORTATION SECURITY INFORMATION SHARING PLAN.— 

(1) DEFINITIONS.—In this subsection: 

(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 

term ‘‘appropriate congressional committees’’ has the 

meaning given that term in subsection (s)(4)(E). 

(B) PLAN.—The term ‘‘Plan’’ means the Transportation 

Security Information Sharing Plan established under paragraph (2). 

(C) PUBLIC AND PRIVATE STAKEHOLDERS.—The term 

‘‘public and private stakeholders’’ means Federal, State, 

and local agencies, tribal governments, and appropriate 

private entities, including nonprofit employee labor organizations representing transportation employees. 

(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Homeland Security. 

16 

(E) TRANSPORTATION SECURITY INFORMATION.—The term 

‘‘transportation security information’’ means information 

relating to the risks to transportation modes, including 

aviation, public transportation, railroad, ferry, highway, 

maritime, pipeline, and over-the-road bus transportation, 

and may include specific and general intelligence products, 

as appropriate. 

(2) ESTABLISHMENT OF PLAN.—The Secretary of Homeland 

Security, in consultation with the program manager of the information sharing environment established under section 1016 

of the Intelligence Reform and Terrorism Prevention Act of 

2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a Transportation 

Security Information Sharing Plan. In establishing the Plan, 

the Secretary shall gather input on the development of the 

Plan from private and public stakeholders and the program 

manager of the information sharing environment established 

under section 1016 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (6 U.S.C. 485). 

(3) PURPOSE OF PLAN.—The Plan shall promote sharing of 

transportation security information between the Department of 

Homeland Security and public and private stakeholders. 

(4) CONTENT OF PLAN.—The Plan shall include— 

(A) a description of how intelligence analysts within the 

Department of Homeland Security will coordinate their activities within the Department and with other Federal, 

State, and local agencies, and tribal governments, including coordination with existing modal information sharing 

centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act 

of 2007; 

(B) the establishment of a point of contact, which may 

be a single point of contact within the Department of 

Homeland Security, for each mode of transportation for the 

sharing of transportation security information with public 

and private stakeholders, including an explanation and 

justification to the appropriate congressional committees if 

the point of contact established pursuant to this subparagraph differs from the agency within the Department that 

has the primary authority, or has been delegated such authority by the Secretary, to regulate the security of that 

transportation mode; 

(C) a reasonable deadline by which the Plan will be implemented; and 

(D) a description of resource needs for fulfilling the Plan. 

(5) COORDINATION WITH INFORMATION SHARING.—The Plan 

shall be— 

(A) implemented in coordination, as appropriate, with 

the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); 

and 

(B) consistent with the establishment of the information 

sharing environment and any policies, guidelines, procedures, instructions, or standards established by the PresiVerDate Sep 11 2014 02:00 Sep 07, 2018 Jkt 079006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6601 E:\HR\OC\HR917.XXX HR917
17 

dent or the program manager for the implementation and 

management of the information sharing environment. 

(6) REPORTS TO CONGRESS.— 

(A) IN GENERAL.—Not later than 150 days after the date 

of enactment of this subsection, and annually thereafter, 

the Secretary shall submit to the appropriate congressional committees, a report containing the Plan. 

(B) ANNUAL REPORT.—Not later than 1 year after the 

date of enactment of this subsection, the Secretary shall 

submit to the appropriate congressional committees a report on updates to and the implementation of the Plan. 

(7) SECURITY CLEARANCES.—The Secretary shall, to the 

greatest extent practicable, take steps to expedite the security 

clearances needed for designated public and private stakeholders to receive and obtain access to classified information 

distributed under this section, as appropriate. 

(8) CLASSIFICATION OF MATERIAL.—The Secretary, to the 

greatest extent practicable, shall provide designated public and 

private stakeholders with transportation security information 

in an unclassified format. 

(v) ENFORCEMENT OF REGULATIONS AND ORDERS OF THE SECRETARY OF HOMELAND SECURITY.— 

(1) APPLICATION OF SUBSECTION.— 

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

Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other 

than a provision of chapter 449 (in this subsection referred 

to as an ‘‘applicable provision of this title’’). 

(B) VIOLATIONS OF CHAPTER 449.—The penalties for violations of regulations prescribed and orders issued by the 

Secretary of Homeland Security under chapter 449 of this 

title are provided under chapter 463 of this title. 

(C) NONAPPLICATION TO CERTAIN VIOLATIONS.— 

(i) Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by 

the Secretary of Homeland Security under a provision 

of this title— 

(I) involving the transportation of personnel or 

shipments of materials by contractors where the 

Department of Defense has assumed control and 

responsibility; 

(II) by a member of the armed forces of the 

United States when performing official duties; or 

(III) by a civilian employee of the Department of 

Defense when performing official duties. 

(ii) Violations described in subclause (I), (II), or (III) 

of clause (i) shall be subject to penalties as determined 

by the Secretary of Defense or the Secretary’s designee. 

(2) CIVIL PENALTY.— 

(A) IN GENERAL.—A person is liable to the United States 

Government for a civil penalty of not more than $10,000 

for a violation of a regulation prescribed, or order issued, 

18 

by the Secretary of Homeland Security under an applicable 

provision of this title. 

(B) REPEAT VIOLATIONS.—A separate violation occurs 

under this paragraph for each day the violation continues. 

(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— 

(A) IN GENERAL.—The Secretary of Homeland Security 

may impose a civil penalty for a violation of a regulation 

prescribed, or order issued, under an applicable provision 

of this title. The Secretary shall give written notice of the 

finding of a violation and the penalty. 

(B) SCOPE OF CIVIL ACTION.—In a civil action to collect 

a civil penalty imposed by the Secretary under this subsection, a court may not re-examine issues of liability or 

the amount of the penalty. 

(C) JURISDICTION.—The district courts of the United 

States shall have exclusive jurisdiction of civil actions to 

collect a civil penalty imposed by the Secretary under this 

subsection if— 

(i) the amount in controversy is more than— 

(I) $400,000, if the violation was committed by 

a person other than an individual or small business concern; or 

(II) $50,000 if the violation was committed by 

an individual or small business concern; 

(ii) the action is in rem or another action in rem 

based on the same violation has been brought; or 

(iii) another action has been brought for an injunction based on the same violation. 

(D) MAXIMUM PENALTY.—The maximum civil penalty the 

Secretary administratively may impose under this paragraph is— 

(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or 

(ii) $50,000, if the violation was committed by an individual or small business concern. 

(E) NOTICE AND OPPORTUNITY TO REQUEST HEARING.— 

Before imposing a penalty under this section the Secretary 

shall provide to the person against whom the penalty is to 

be imposed— 

(i) written notice of the proposed penalty; and 

(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary receives the request not 

later than 30 days after the date on which the person 

receives notice. 

(4) COMPROMISE AND SETOFF.— 

(A) The Secretary may compromise the amount of a civil 

penalty imposed under this subsection. 

(B) The Government may deduct the amount of a civil 

penalty imposed or compromised under this subsection 

from amounts it owes the person liable for the penalty. 

(5) INVESTIGATIONS AND PROCEEDINGS.—Chapter 461 shall 

apply to investigations and proceedings brought under this 

subsection to the same extent that it applies to investigations 

19 

and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary. 

(6) DEFINITIONS.—In this subsection: 

(A) PERSON.—The term ‘‘person’’ does not include— 

(i) the United States Postal Service; or 

(ii) the Department of Defense. 

(B) SMALL BUSINESS CONCERN.—The term ‘‘small business concern’’ has the meaning given that term in section 

3 of the Small Business Act (15 U.S.C. 632). 

(7) ENFORCEMENT TRANSPARENCY.— 

(A) IN GENERAL.—Not later than December 31, 2008, and 

annually thereafter, the Secretary shall— 

(i) provide an annual summary to the public of all 

enforcement actions taken by the Secretary under this 

subsection; and 

(ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final 

assessment amount of each penalty. 

(B) ELECTRONIC AVAILABILITY.—Each summary under 

this paragraph shall be made available to the public by 

electronic means. 

(C) RELATIONSHIP TO THE FREEDOM OF INFORMATION

ACT AND THE PRIVACY ACT.—Nothing in this subsection 

shall be construed to require disclosure of information or 

records that are exempt from disclosure under sections 552 

or 552a of title 5. 

(D) ENFORCEMENT GUIDANCE.—Not later than 180 days 

after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary 

shall provide a report to the public describing the enforcement process established under this subsection. 

(w) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Homeland Security for— 

(1) railroad security— 

(A) $488,000,000 for fiscal year 2008; 

(B) $483,000,000 for fiscal year 2009; 

(C) $508,000,000 for fiscal year 2010; and 

(D) $508,000,000 for fiscal year 2011; 

(2) over-the-road bus and trucking security— 

(A) $14,000,000 for fiscal year 2008; 

(B) $27,000,000 for fiscal year 2009; 

(C) $27,000,000 for fiscal year 2010; and 

(D) $27,000,000 for fiscal year 2011; and 

(3) hazardous material and pipeline security— 

(A) $12,000,000 for fiscal year 2008; 

(B) $12,000,000 for fiscal year 2009; and 

(C) $12,000,000 for fiscal year 2010. 

* * * * * * * 

SUBTITLE VII—AVIATION PROGRAMS 

* * * * * * * 

20 

PART A—AIR COMMERCE AND SAFETY 

* * * * * * * 

SUBPART III—SAFETY 

* * * * * * * 

CHAPTER 449—SECURITY 

SUBCHAPTER I—REQUIREMENTS 

Sec. 

44901. Screening passengers and property. 

* * * * * * * 

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL 

* * * * * * * 

44947. National Deployment Office. 

* * * * * * * 

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL 

* * * * * * * 

§ 44947. National Deployment Office 

(a) ESTABLISHMENT.—There is established within the Transportation Security Administration a National Deployment Office, to be 

headed by an individual with supervisory experience. Such individual shall be designated by the Administrator of the Transportation Security Administration. 

(b) DUTIES.—The individual designated as the head of the National Deployment Office shall be responsible for the following: 

(1) Maintaining a National Deployment Force within the 

Transportation Security Administration that is comprised of 

transportation security officers, including supervisory transportation security officers and lead transportation security officers, 

to provide the Administration with rapid and efficient response 

capabilities and augment the Department of Homeland Security’s homeland security operations to mitigate and reduce risk, 

including for the following: 

(A) Airports temporarily requiring additional security 

personnel due to an emergency, seasonal demands, hiring 

shortfalls, severe weather conditions, passenger volume 

mitigation, equipment support, or other reasons. 

(B) Special events requiring enhanced security including 

National Special Security Events, as determined by the 

Secretary of Homeland Security. 

(C) Response in the aftermath of any manmade disaster, 

including any terrorist attack. 

(D) Other such situations, as determined by the Administrator. 

(2) Educating transportation security officers regarding how 

to participate in the Administration’s National Deployment 

Force. 

21 

(3) Recruiting officers to serve on the National Deployment 

Force, in accordance with a staffing model to be developed by 

the Administrator. 

(4) Approving one-year appointments for officers to serve on 

the National Deployment Force, with an option to extend upon 

officer request and with the approval of the appropriate Federal 

Security Director. 

(5) Training officers to serve on the National Deployment 

Force. 

* * * * * * * 

Æ