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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1871 Referred in Senate (RFS)]

<DOC>
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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation Security Transparency 
Improvement Act''.

SEC. 2. SENSITIVE SECURITY INFORMATION; INTERNATIONAL AVIATION 
              SECURITY.

    (a) Sensitive Security Information.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Administrator of the 
        Transportation Security Administration (TSA) shall--
                    (A) ensure clear and consistent designation of 
                ``Sensitive Security Information'', including 
                reasonable security justifications for such 
                designation;
                    (B) develop and implement a schedule to regularly 
                review and update, as necessary, TSA Sensitive Security 
                Information Identification guidelines;
                    (C) develop a tracking mechanism for all Sensitive 
                Security Information redaction and designation 
                challenges;
                    (D) document justifications for changes in position 
                regarding Sensitive Security Information redactions and 
                designations, and make such changes accessible to TSA 
                personnel for use with relevant stakeholders, including 
                air carriers, airport operators, surface transportation 
                operators, and State and local law enforcement, as 
                necessary; and
                    (E) ensure that TSA personnel are adequately 
                trained on appropriate designation policies.
            (2) Stakeholder outreach.--Not later than 180 days after 
        the date of the enactment of this Act, the Administrator of the 
        Transportation Security Administration (TSA) shall conduct 
        outreach to relevant stakeholders described in paragraph (1)(D) 
        that regularly are granted access to Sensitive Security 
        Information to raise awareness of the TSA's policies and 
        guidelines governing the designation and use of Sensitive 
        Security Information.
    (b) International Aviation Security.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Administrator of the 
        Transportation Security Administration shall develop and 
        implement guidelines with respect to last point of departure 
        airports to--
                    (A) ensure the inclusion, as appropriate, of air 
                carriers and other transportation security stakeholders 
                in the development and implementation of security 
                directives and emergency amendments;
                    (B) document input provided by air carriers and 
                other transportation security stakeholders during the 
                security directive and emergency amendment, 
                development, and implementation processes;
                    (C) define a process, including time frames, and 
                with the inclusion of feedback from air carriers and 
                other transportation security stakeholders, for 
                cancelling or incorporating security directives and 
                emergency amendments into security programs;
                    (D) conduct engagement with foreign partners on the 
                implementation of security directives and emergency 
                amendments, as appropriate, including recognition if 
                existing security measures at a last point of departure 
                airport are found to provide commensurate security as 
                intended by potential new security directives and 
                emergency amendments; and
                    (E) ensure that new security directives and 
                emergency amendments are focused on defined security 
                outcomes.
            (2) Briefing to congress.--Not later than 90 days after the 
        date of the enactment of this Act, the Administrator of the 
        Transportation Security Administration shall brief the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate on the guidelines described in paragraph (1).
            (3) Decisions not subject to judicial review.--
        Notwithstanding any other provision of law, any action of the 
        Administrator of the Transportation Security Administration 
        under paragraph (1) is not subject to judicial review.

            Passed the House of Representatives July 20, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```