I 

117TH CONGRESS 

1ST SESSION H. R. 1871 

To improve the understanding and clarity of Transportation Security 

Administration policies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2021 

Mr. BISHOP of North Carolina (for himself and Mr. KATKO) introduced the 

following bill; which was referred to the Committee on Homeland Security 

A BILL 

To improve the understanding and clarity of Transportation 

Security Administration policies, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transportation Secu5 rity Transparency Improvement Act’’. 

6 SEC. 2. SENSITIVE SECURITY INFORMATION; INTER7 NATIONAL AVIATION SECURITY. 

8 (a) SENSITIVE SECURITY INFORMATION.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of the enactment of this Act, the AdminisVerDate Sep 11 2014 21:11 May 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.IH H1871

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1 trator of the Transportation Security Administration 

2 (TSA) shall— 

3 (A) ensure clear and consistent designation 

4 of ‘‘Sensitive Security Information’’, including 

5 reasonable security justifications for such des6 ignation; 

7 (B) develop and implement a schedule to 

8 regularly review and update, as necessary, TSA 

9 Sensitive Security Information Identification 

10 guidelines; 

11 (C) develop a tracking mechanism for all 

12 Sensitive Security Information redaction and 

13 designation challenges; 

14 (D) document justifications for changes in 

15 position regarding Sensitive Security Informa16 tion redactions and designations, and make 

17 such changes accessible to TSA personnel for 

18 use with relevant stakeholders, including air 

19 carriers, airport operators, surface transpor20 tation operators, and State and local law en21 forcement, as necessary; and 

22 (E) ensure that TSA personnel are ade23 quately trained on appropriate designation poli24 cies. 


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1 (2) STAKEHOLDER OUTREACH.—Not later than 

2 180 days after the date of the enactment of this Act, 

3 the Administrator of the Transportation Security 

4 Administration (TSA) shall conduct outreach to rel5 evant stakeholders described in paragraph (1)(D) 

6 that regularly are granted access to Sensitive Secu7 rity Information to raise awareness of the TSA’s 

8 policies and guidelines governing the designation and 

9 use of Sensitive Security Information. 

10 (b) INTERNATIONAL AVIATION SECURITY.— 

11 (1) IN GENERAL.—Not later than 60 days after 

12 the date of the enactment of this Act, the Adminis13 trator of the Transportation Security Administration 

14 shall develop and implement guidelines with respect 

15 to last point of departure airports to— 

16 (A) ensure the inclusion, as appropriate, of 

17 air carriers and other transportation security 

18 stakeholders in the development and implemen19 tation of security directives and emergency 

20 amendments; 

21 (B) document input provided by air car22 riers and other transportation security stake23 holders during the security directive and emer24 gency amendment, development, and implemen25 tation processes; 


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1 (C) define a process, including time 

2 frames, and with the inclusion of feedback from 

3 air carriers and other transportation security 

4 stakeholders, for cancelling or incorporating se5 curity directives and emergency amendments 

6 into security programs; 

7 (D) conduct engagement with foreign part8 ners on the implementation of security direc9 tives and emergency amendments, as appro10 priate, including recognition if existing security 

11 measures at a last point of departure airport 

12 are found to provide commensurate security as 

13 intended by potential new security directives 

14 and emergency amendments; and 

15 (E) ensure that new security directives and 

16 emergency amendments are focused on defined 

17 security outcomes. 

18 (2) BRIEFING TO CONGRESS.—Not later than 

19 90 days after the date of the enactment of this Act, 

20 the Administrator of the Transportation Security 

21 Administration shall brief the Committee on Home22 land Security of the House of Representatives and 

23 the Committee on Commerce, Science, and Trans24 portation of the Senate on the guidelines described 

25 in paragraph (1). 


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1 (3) DECISIONS NOT SUBJECT TO JUDICIAL RE2 VIEW.—Notwithstanding any other provision of law, 

3 any action of the Administrator of the Transpor4 tation Security Administration under paragraph (1) 

5 is not subject to judicial review. 

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