IIB 

117TH CONGRESS 

1ST SESSION H. R. 1871 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2021 

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

and Transportation 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Transportation Secu3 rity Transparency Improvement Act’’. 

4 SEC. 2. SENSITIVE SECURITY INFORMATION; INTER5 NATIONAL AVIATION SECURITY. 

6 (a) SENSITIVE SECURITY INFORMATION.— 

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

8 the date of the enactment of this Act, the Adminis9 trator of the Transportation Security Administration 

10 (TSA) shall— 

11 (A) ensure clear and consistent designation 

12 of ‘‘Sensitive Security Information’’, including 

13 reasonable security justifications for such des14 ignation; 

15 (B) develop and implement a schedule to 

16 regularly review and update, as necessary, TSA 

17 Sensitive Security Information Identification 

18 guidelines; 

19 (C) develop a tracking mechanism for all 

20 Sensitive Security Information redaction and 

21 designation challenges; 

22 (D) document justifications for changes in 

23 position regarding Sensitive Security Informa24 tion redactions and designations, and make 

25 such changes accessible to TSA personnel for 

26 use with relevant stakeholders, including air 


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1 carriers, airport operators, surface transpor2 tation operators, and State and local law en3 forcement, as necessary; and 

4 (E) ensure that TSA personnel are ade5 quately trained on appropriate designation poli6 cies. 

7 (2) STAKEHOLDER OUTREACH.—Not later than 

8 180 days after the date of the enactment of this Act, 

9 the Administrator of the Transportation Security 

10 Administration (TSA) shall conduct outreach to rel11 evant stakeholders described in paragraph (1)(D) 

12 that regularly are granted access to Sensitive Secu13 rity Information to raise awareness of the TSA’s 

14 policies and guidelines governing the designation and 

15 use of Sensitive Security Information. 

16 (b) INTERNATIONAL AVIATION SECURITY.— 

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

18 the date of the enactment of this Act, the Adminis19 trator of the Transportation Security Administration 

20 shall develop and implement guidelines with respect 

21 to last point of departure airports to— 

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

23 air carriers and other transportation security 

24 stakeholders in the development and implemenVerDate Sep 11 2014 01:28 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.RFS H1871

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1 tation of security directives and emergency 

2 amendments; 

3 (B) document input provided by air car4 riers and other transportation security stake5 holders during the security directive and emer6 gency amendment, development, and implemen7 tation processes; 

8 (C) define a process, including time 

9 frames, and with the inclusion of feedback from 

10 air carriers and other transportation security 

11 stakeholders, for cancelling or incorporating se12 curity directives and emergency amendments 

13 into security programs; 

14 (D) conduct engagement with foreign part15 ners on the implementation of security direc16 tives and emergency amendments, as appro17 priate, including recognition if existing security 

18 measures at a last point of departure airport 

19 are found to provide commensurate security as 

20 intended by potential new security directives 

21 and emergency amendments; and 

22 (E) ensure that new security directives and 

23 emergency amendments are focused on defined 

24 security outcomes. 


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

2 90 days after the date of the enactment of this Act, 

3 the Administrator of the Transportation Security 

4 Administration shall brief the Committee on Home5 land Security of the House of Representatives and 

6 the Committee on Commerce, Science, and Trans7 portation of the Senate on the guidelines described 

8 in paragraph (1). 

9 (3) DECISIONS NOT SUBJECT TO JUDICIAL RE10 VIEW.—Notwithstanding any other provision of law, 

11 any action of the Administrator of the Transpor12 tation Security Administration under paragraph (1) 

13 is not subject to judicial review. 

Passed the House of Representatives July 20, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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