II 

Calendar No. 444 

115TH CONGRESS 

2D SESSION S. 1872 

[Report No. 115–266] 

To authorize the programs of the Transportation Security Administration 

relating to transportation security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27, 2017 

Mr. THUNE (for himself, Mr. NELSON, Mr. BLUNT, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

JUNE 6, 2018 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To authorize the programs of the Transportation Security 

Administration relating to 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘TSA Modernization Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Definitions. 

TITLE I—ORGANIZATION AND AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

Sec. 102. Administrator of the Transportation Security Administration; fiveyear term. 

Sec. 103. Transportation Security Administration organization. 

Sec. 104. Transmittals to Congress. 

TITLE II—AVIATION SECURITY 

Subtitle A—Security Technology 

Sec. 211. Third party testing and evaluation of screening technology. 

Sec. 212. Reciprocal recognition of security standards. 

Sec. 213. Transportation Security Laboratory. 

Sec. 214. Innovation Task Force. 

Sec. 215. 5-Year technology investment plan update. 

Sec. 216. Biometrics expansion. 

Sec. 217. Pilot program for automated exit lane technology. 

Sec. 218. Authorization of appropriations; exit lane security. 

Sec. 219. Real-time security checkpoint wait times. 

Sec. 220. GAO report on universal deployment of advanced imaging technologies. 

Subtitle B—Public Area Security 

Sec. 221. Third party canines. 

Sec. 222. Tracking and monitoring of canine training and testing. 

Sec. 223. VIPR team statistics. 

Sec. 224. Public area best practices. 

Sec. 225. Law Enforcement Officer Reimbursement Program. 

Subtitle C—Passenger and Cargo Security 

Sec. 231. PreCheck Program. 

Sec. 232. Trusted traveler programs; collaboration. 

Sec. 233. Passenger security fee. 

Sec. 234. Third party canine teams for air cargo security. 

Sec. 235. Known Shipper Program review. 

Sec. 236. Screening partnership program updates. 

Sec. 237. Screening performance assessments. 


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Sec. 238. TSA Academy review. 

Subtitle D—Foreign Airport Security 

Sec. 241. Last point of departure airports; security directives. 

Sec. 242. Tracking security screening equipment from last point of departure 

airports. 

Sec. 243. International security standards. 

Subtitle E—Cockpit and Cabin Security 

Sec. 251. Federal air marshal service updates. 

Sec. 252. Crew member self-defense training. 

Sec. 253. Flight deck safety and security. 

Sec. 254. Carriage of weapons, explosives, and incendiaries by individuals. 

TITLE III—CONFORMING AND MISCELLANEOUS AMENDMENTS 

Sec. 301. Title 49 amendments. 

Sec. 302. Table of contents of chapter 449. 

Sec. 303. Other laws; Intelligence Reform and Terrorism Prevention Act of 

2004. 

Sec. 304. Savings provisions. 

1 (c) REFERENCES TO TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, wherever 

3 in this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 49, United States Code. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the TSA. 

11 (2) APPROPRIATE COMMITTEES OF CON12 GRESS.—The term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committee on Commerce, Science, 

15 and Transportation of the Senate; 


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1 (B) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; and 

3 (C) the Committee on Homeland Security 

4 of the House of Representatives. 

5 (3) ASAC.—The term ‘‘ASAC’’ means the 

6 Aviation Security Advisory Committee established 

7 under section 44946 of title 49, United States Code. 

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

9 the Secretary of Homeland Security. 

10 (5) TSA.—The term ‘‘TSA’’ means the Trans11 portation Security Administration. 

12 TITLE I—ORGANIZATION AND 

13 AUTHORIZATIONS 

14 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 114(w) is amended to read as follows: 

16 ‘‘(w) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Transportation 

18 Security Administration for salaries, operations, and 

19 maintenance of the Administration— 

20 ‘‘(1) $7,810,196,000 for fiscal year 2018; 

21 ‘‘(2) $7,849,247,000 for fiscal year 2019; and 

22 ‘‘(3) $7,888,494,000 for fiscal year 2020.’’. 


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1 SEC. 102. ADMINISTRATOR OF THE TRANSPORTATION SE2 CURITY ADMINISTRATION; FIVE-YEAR TERM. 

3 (a) IN GENERAL.—Section 114, as amended by sec4 tion 101, is further amended— 

5 (1) in subsection (a), by striking ‘‘Department 

6 of Transportation’’ and inserting ‘‘Department of 

7 Homeland Security’’; 

8 (2) by amending subsection (b) to read as fol9 lows: 

10 ‘‘(b) LEADERSHIP.— 

11 ‘‘(1) HEAD OF TRANSPORTATION SECURITY AD12 MINISTRATION.— 

13 ‘‘(A) APPOINTMENT.—The head of the Ad14 ministration shall be the Administrator of the 

15 Transportation Security Administration (re16 ferred to in this section as the ‘Administrator’). 

17 The Administrator shall be appointed by the 

18 President, by and with the advice and consent 

19 of the Senate. 

20 ‘‘(B) QUALIFICATIONS.—The Adminis21 trator must— 

22 ‘‘(i) be a citizen of the United States; 

23 and 

24 ‘‘(ii) have experience in a field directly 

25 related to transportation or security. 


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1 ‘‘(C) TERM.—Effective with respect to any 

2 individual appointment by the President, by and 

3 with the advice and consent of the Senate, after 

4 August 1, 2017, the term of office of an indi5 vidual appointed as the Administrator shall be 

6 5 years. 

7 ‘‘(2) DEPUTY ADMINISTRATOR.— 

8 ‘‘(A) APPOINTMENT.—There is established 

9 in the Transportation Security Administration a 

10 Deputy Administrator, who shall assist the Ad11 ministrator in the management of the Trans12 portation Security Administration. The Deputy 

13 Administrator shall be appointed by the Presi14 dent. The Deputy Administrator shall be Acting 

15 Administrator during the absence or incapacity 

16 of the Administrator or during a vacancy in the 

17 office of Administrator. 

18 ‘‘(B) QUALIFICATIONS.—The Deputy Ad19 ministrator must— 

20 ‘‘(i) be a citizen of the United States; 

21 and 

22 ‘‘(ii) have experience in a field directly 

23 related to transportation or security.’’; 


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1 (3) in subsections (c) through (n), (p), (q), and 

2 (r), by striking ‘‘Under Secretary’’ each place it ap3 pears and inserting ‘‘Administrator’’; and 

4 (4) by amending subsection (d) to read as fol5 lows: 

6 ‘‘(d) FUNCTIONS.—The Administrator shall be re7 sponsible for— 

8 ‘‘(1) carrying out chapter 449, relating to civil 

9 aviation security, and related research and develop10 ment activities; 

11 ‘‘(2) security in land-based transportation, in12 cluding railroad, highway, pipeline, public transpor13 tation, and over-the-road bus; and 

14 ‘‘(3) supporting the Coast Guard with maritime 

15 security.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 Section 114, as amended by subsection (a), is further 

18 amended— 

19 (1) in subsection (g)— 

20 (A) in paragraph (1)— 

21 (i) in the matter preceding subpara22 graph (A), by striking ‘‘Subject to the di23 rection and control of the Secretary’’ and 

24 inserting ‘‘Subject to the direction and 


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1 control of the Secretary of Homeland Se2 curity’’; and 

3 (ii) in subparagraph (D), by inserting 

4 ‘‘of Homeland Security’’ after ‘‘Secretary’’; 

5 and 

6 (B) in paragraph (3), by inserting ‘‘of 

7 Homeland Security’’ after ‘‘Secretary’’; 

8 (2) in subsection (j)(1)(D), by inserting ‘‘of 

9 Homeland Security’’ after ‘‘Secretary’’; 

10 (3) in subsection (k), by striking ‘‘functions 

11 transferred, on or after the date of enactment of the 

12 Aviation and Transportation Security Act,’’ and in13 serting ‘‘functions assigned’’; 

14 (4) in subsection (l)(4)(B), by striking ‘‘Admin15 istrator under subparagraph (A)’’ and inserting 

16 ‘‘Administrator of the Federal Aviation Administra17 tion under subparagraph (A)’’; 

18 (5) in subsection (n), by striking ‘‘Department 

19 of Transportation’’ and inserting ‘‘Department of 

20 Homeland Security’’; 

21 (6) in subsection (o), by striking ‘‘Department 

22 of Transportation’’ and inserting ‘‘Department of 

23 Homeland Security’’; 


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1 (7) in subsection (p)(4), by striking ‘‘Secretary 

2 of Transportation’’ and inserting ‘‘Secretary of 

3 Homeland Security’’; 

4 (8) in subsection (s)— 

5 (A) in paragraph (3)(B), by inserting ‘‘)’’ 

6 after ‘‘Act of 2007’’; and 

7 (B) in paragraph (4)— 

8 (i) in the heading, by striking ‘‘SUB9 MISSIONS OF PLANS TO CONGRESS’’ and 

10 inserting ‘‘SUBMISSION OF PLANS’’; 

11 (ii) by striking subparagraph (A); 

12 (iii) by redesignating subparagraphs 

13 (B) through (E) as subparagraphs (A) 

14 through (D), respectively; 

15 (iv) in subparagraph (A), as redesig16 nated— 

17 (I) in the heading, by striking 

18 ‘‘SUBSEQUENT VERSIONS’’ and insert19 ing ‘‘IN GENERAL’’; and 

20 (II) by striking ‘‘After December 

21 31, 2015, the’’ and inserting ‘‘The’’; 

22 and 

23 (v) in subparagraph (B)(ii)(III)(cc), 

24 as redesignated, by striking ‘‘for the DeVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1872.RS S1872

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1 partment’’ and inserting ‘‘for the Depart2 ment of Homeland Security’’; 

3 (9) by redesignating subsections (u), (v), and 

4 (w) as subsections (t), (u), and (v), respectively; 

5 (10) in subsection (t), as redesignated— 

6 (A) in paragraph (1)— 

7 (i) by striking subparagraph (D); and 

8 (ii) by redesignating subparagraph 

9 (E) as subparagraph (D); 

10 (B) in paragraph (2), by inserting ‘‘of 

11 Homeland Security’’ after ‘‘Secretary’’; 

12 (C) in paragraph (4)(B)— 

13 (i) by inserting ‘‘of Homeland Secu14 rity’’ after ‘‘Department’’; and 

15 (ii) by inserting ‘‘of Homeland Secu16 rity’’ after ‘‘Secretary’’; 

17 (D) by amending paragraph (6) to read as 

18 follows: 

19 ‘‘(6) ANNUAL REPORT ON PLAN.—The Sec20 retary of Homeland Security shall annually submit 

21 to the appropriate congressional committees a report 

22 containing the Plan.’’; and 

23 (E) in paragraphs (7) and (8), by inserting 

24 ‘‘of Homeland Security’’ after ‘‘Secretary’’; and 

25 (11) in subsection (u), as redesignated— 


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1 (A) in paragraph (1)— 

2 (i) in subparagraph (B), by inserting 

3 ‘‘or the Administrator’’ after ‘‘Secretary of 

4 Homeland Security’’; and 

5 (ii) in subparagraph (C)(ii), by strik6 ing ‘‘Secretary’s designee’’ and inserting 

7 ‘‘Secretary of Defense’s designee’’; 

8 (B) in subparagraphs (B), (C), (D), and 

9 (E) of paragraph (3), by inserting ‘‘of Home10 land Security’’ after ‘‘Secretary’’ each place it 

11 appears; 

12 (C) in paragraph (4)(A), by inserting ‘‘of 

13 Homeland Security’’ after ‘‘Secretary’’; 

14 (D) in paragraph (5), by inserting ‘‘of 

15 Homeland Security’’ after ‘‘Secretary’’; and 

16 (E) in paragraph (7)— 

17 (i) in subparagraph (A), by striking 

18 ‘‘Not later than December 31, 2008, and 

19 annually thereafter, the Secretary’’ and in20 serting ‘‘The Secretary of Homeland Secu21 rity shall’’; and 

22 (ii) by striking subparagraph (D). 

23 (c) EXECUTIVE SCHEDULE.— 

24 (1) ADMINISTRATOR OF THE TSA.— 


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1 (A) POSITIONS AT LEVEL II.—Section 

2 5313 of title 5, United States Code, is amended 

3 by inserting after the item relating to the 

4 Under Secretary of Homeland Security for 

5 Management the following: 

6 ‘‘Administrator of the Transportation Security Ad7 ministration.’’. 

8 (B) BONUS ELIGIBILITY.—Section 

9 101(c)(2) of the Aviation and Transportation 

10 Security Act (5 U.S.C. 5313 note) is amend11 ed— 

12 (i) by striking ‘‘Under Secretary’’ and 

13 inserting ‘‘Administrator of the Transpor14 tation Security Administration’’; and 

15 (ii) by inserting ‘‘of Homeland Secu16 rity’’ after ‘‘Secretary’’. 

17 (2) DEPUTY ADMINISTRATOR OF THE TSA.— 

18 Section 5315 of title 5, United States Code, is 

19 amended by inserting after the item relating to the 

20 Deputy Administrator, Federal Aviation Administra21 tion the following: 

22 ‘‘Deputy Administrator, Transportation Security Ad23 ministration.’’. 


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1 SEC. 103. TRANSPORTATION SECURITY ADMINISTRATION 

2 ORGANIZATION. 

3 Section 114, as amended by sections 101 and 102, 

4 is further amended by adding at the end the following: 

5 ‘‘(w) LEADERSHIP AND ORGANIZATION.— 

6 ‘‘(1) IN GENERAL.—For each of the areas de7 scribed in paragraph (2), the Administrator of the 

8 Transportation Security Administration shall ap9 point at least 1 individual who shall— 

10 ‘‘(A) report directly to the Administrator 

11 or the Administrator’s designated direct report; 

12 and 

13 ‘‘(B) be responsible and accountable for 

14 that area. 

15 ‘‘(2) AREAS DESCRIBED.—The areas described 

16 in this paragraph are as follows: 

17 ‘‘(A) Aviation security operations and 

18 training, including risk-based, adaptive security 

19 focused on airport checkpoint and baggage 

20 screening operations, cargo inspections, work21 force training and development programs, and 

22 other specialized programs designed to secure 

23 air transportation. 

24 ‘‘(B) Surface transportation security oper25 ations and training, including risk-based, adapt26 ive security focused on accomplishing security 


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1 systems assessments, reviewing and prioritizing 

2 projects for appropriated surface transportation 

3 security grants, operator compliance with vol4 untary industry standards, workforce training 

5 and development programs, and other special6 ized programs designed to secure surface trans7 portation. 

8 ‘‘(C) Security policy and industry engage9 ment and planning, including the development, 

10 interpretation, promotion, and oversight of a 

11 unified effort regarding risk-based, risk-reduc12 ing security policies and plans (including stra13 tegic planning for future contingencies and se14 curity challenges) between government and 

15 transportation stakeholders, including airports, 

16 domestic and international airlines, general 

17 aviation, air cargo, mass transit and passenger 

18 rail, freight rail, pipeline, highway and motor 

19 carriers, and maritime. 

20 ‘‘(D) International strategy and oper21 ations, including agency efforts to work with 

22 international partners to secure the global 

23 transportation network. 

24 ‘‘(E) Trusted and registered traveler pro25 grams, including the management and marVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S1872.RS S1872

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1 keting of the agency’s trusted traveler initia2 tives, including the PreCheck Program, and co3 ordination with trusted traveler programs of 

4 other Department of Homeland Security agen5 cies and the private sector. 

6 ‘‘(F) Technology acquisition and deploy7 ment, including the oversight, development, 

8 testing, evaluation, acquisition, deployment, and 

9 maintenance of security technology and other 

10 acquisition programs. 

11 ‘‘(G) Inspection and compliance, including 

12 the integrity, efficiency and effectiveness of the 

13 agency’s workforce, operations, and programs 

14 through objective audits, covert testing, inspec15 tions, criminal investigations, and regulatory 

16 compliance. 

17 ‘‘(H) Civil rights, liberties, and traveler en18 gagement, including ensuring that agency em19 ployees and the traveling public are treated in 

20 a fair and lawful manner consistent with federal 

21 laws and regulations protecting privacy and 

22 prohibiting discrimination and reprisal. 

23 ‘‘(I) Legislative and public affairs, includ24 ing communication and engagement with inter25 nal and external audiences in a timely, accuVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S1872.RS S1872

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1 rate, and transparent manner, and development 

2 and implementation of strategies within the 

3 agency to achieve congressional approval or au4 thorization of agency programs and policies. 

5 ‘‘(3) NOTIFICATION.—The Administrator shall 

6 transmit to the appropriate committees of Con7 gress— 

8 ‘‘(A) not later than 180 days after the date 

9 of enactment of the TSA Modernization Act, a 

10 list of the names of the individuals appointed 

11 under paragraph (1); and 

12 ‘‘(B) an update of the list not later than 

13 5 days after any new individual is appointed 

14 under paragraph (1).’’. 

15 SEC. 104. TRANSMITTALS TO CONGRESS. 

16 With regard to each report, legislative proposal, or 

17 other communication of the Executive Branch related to 

18 the TSA and required to be submitted to Congress or the 

19 appropriate committees of Congress, the Administrator 

20 shall transmit such communication directly to the appro21 priate committees of Congress. 


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1 TITLE II—AVIATION SECURITY 

2 Subtitle A—Security Technology 

3 SEC. 211. THIRD PARTY TESTING AND EVALUATION OF 

4 SCREENING TECHNOLOGY. 

5 (a) IN GENERAL.—In carrying out the responsibil6 ities under section 114(e)(1), the Administrator shall de7 velop and implement, not later than 1 year after the date 

8 of enactment of this Act, a program to enable a vendor 

9 of related screening technology to obtain testing and 

10 verification, including as an alternative to the TSA’s test 

11 and evaluation process, by an appropriate third party, of 

12 such technology before acquisition or deployment. 

13 (b) DETECTION TESTING.— 

14 (1) IN GENERAL.—The third party testing and 

15 verification program authorized under subsection (a) 

16 shall include detection testing to evaluate the per17 formance of the security technology system regard18 ing the probability of detection, the probability of 

19 false alarm, and such other indicators that the sys20 tem is able to meet the TSA’s mission needs. 

21 (2) COORDINATION WITH FINAL QUALIFICATION

22 PROCESSES.—To the extent practicable, but without 

23 compromising the integrity of the TSA test and eval24 uation process, the Administrator shall coordinate 

25 the third party detection testing under paragraph 


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1 (1) with subsequent final Federal Government quali2 fication processes. 

3 (3) RESULTS.—The results of the third party 

4 detection testing under paragraph (1) shall be con5 sidered final if the results are approved by the Ad6 ministration in accordance with approval standards 

7 developed by the Administrator. 

8 (4) INTERNATIONAL STANDARDS.—To the ex9 tent practicable and permissible under law, the Ad10 ministrator shall— 

11 (A) share detection testing information 

12 and standards with appropriate international 

13 partners; and 

14 (B) coordinate with the appropriate inter15 national partners to harmonize TSA testing and 

16 evaluation with relevant international standards 

17 to maximize the capability to detect explosives 

18 and other threats. 

19 (c) OPERATIONAL TESTING.— 

20 (1) IN GENERAL.—Subject to paragraph (2), 

21 the third party testing and verification program au22 thorized under subsection (a) shall include oper23 ational testing. 

24 (2) LIMITATION.—Third party operational test25 ing under paragraph (1) may not exceed 1 year. 


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1 (d) ALTERNATIVE.—Third party testing under sub2 section (a) shall replace as an alternative, at the discretion 

3 of the Administrator, the testing at the Transportation 

4 Systems Integration Facility, including operational testing 

5 for— 

6 (1) health and safety factors; 

7 (2) operator interface; 

8 (3) human factors; 

9 (4) environmental factors; 

10 (5) throughput; and 

11 (6) baggage handling systems. 

12 (e) TESTING AND VERIFICATION FRAMEWORK.— 

13 (1) IN GENERAL.—The Administrator shall— 

14 (A) establish a framework for the third 

15 party testing and for verifying a security tech16 nology is operationally effective and able to 

17 meet the TSA’s mission needs before it may 

18 enter or re-enter, as applicable, the operational 

19 context at an airport or other transportation fa20 cility; and 

21 (B) use phased implementation to allow 

22 the TSA and the third party to establish best 

23 practices. 

24 (2) RECOMMENDATIONS.—The Administrator 

25 shall request ASAC’s Security Technology SubVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\S1872.RS S1872

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1 committee, in consultation with representatives of 

2 the security manufacturers industry, to develop and 

3 submit to the Administrator recommendations for 

4 the third party testing and verification framework. 

5 (f) FIELD TESTING.—The Administrator shall 

6 prioritize the field testing and evaluation of security tech7 nology and equipment at airports and on site at security 

8 technology manufacturers whenever possible as an alter9 native to the Transportation Systems Integration Facility. 

10 SEC. 212. RECIPROCAL RECOGNITION OF SECURITY STAND11 ARDS. 

12 (a) IN GENERAL.—The Administrator, in coordina13 tion with the European Civil Aviation Conference and Ca14 nadian Air Transport Security Authority, shall develop a 

15 validation process for the reciprocal recognition of security 

16 equipment technology approvals among international secu17 rity partners or recognized certification authorities for de18 ployment. 

19 (b) REQUIREMENT.—The validation process shall en20 sure that the certification process of each participating 

21 international security partner or recognized certification 

22 authority complies with TSA security standards. 


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1 SEC. 213. TRANSPORTATION SECURITY LABORATORY. 

2 (a) IN GENERAL.—The Secretary, acting through the 

3 Administrator, shall administer the Transportation Secu4 rity Laboratory. 

5 (b) PERIODIC REVIEWS.—The Administrator shall 

6 review the screening technology test and evaluation proc7 ess conducted at the Transportation Security Laboratory 

8 to improve the coordination, collaboration, and commu9 nication between the Transportation Security Laboratory 

10 and the Office of Acquisition Program Management at the 

11 TSA to identify factors contributing to acquisition ineffi12 ciencies, develop strategies to reduce acquisition inefficien13 cies, facilitate more expeditious initiation and completion 

14 of testing, and identify how laboratory practices can better 

15 support acquisition decisions. 

16 SEC. 214. INNOVATION TASK FORCE. 

17 (a) IN GENERAL.—The Administrator shall establish 

18 an innovation task force— 

19 (1) to cultivate innovations in aviation security; 

20 (2) to develop and recommend how to prioritize 

21 and streamline requirements for new approaches to 

22 aviation security; 

23 (3) to accelerate the development and introduc24 tion of new innovative aviation security technologies 

25 and improvements to aviation security operations; 

26 and 


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1 (4) to provide industry with access to the air2 port environment during the technology development 

3 and assessment process to demonstrate the tech4 nology and to collect data to understand and refine 

5 technical operations and human factor issues. 

6 (b) ACTIVITIES.—The task force shall— 

7 (1) conduct activities to identify and develop an 

8 innovative technology, emerging security capability, 

9 or process designed to enhance aviation security, in10 cluding— 

11 (A) by conducting a field demonstration of 

12 such a technology, capability, or process in the 

13 airport environment; 

14 (B) by gathering performance data from 

15 such a demonstration to inform the acquisition 

16 process; and 

17 (C) by enabling a small business with an 

18 innovative technology or emerging security ca19 pability, but less than adequate resources, to 

20 participate in such a demonstration; 

21 (2) conduct at least quarterly collaboration 

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1 novative security operations and technology evalua2 tion and deployment; and 

3 (3) submit to the appropriate committees of 

4 Congress an annual report on the effectiveness of 

5 key performance data from task force-sponsored 

6 projects and checkpoint enhancements. 

7 (c) COMPOSITION.— 

8 (1) APPOINTMENT.—The Administrator, in con9 sultation with the Chairperson of ASAC shall ap10 point the members of the task force. 

11 (2) CHAIRPERSON.—The task force shall be 

12 chaired by the Administrator’s designee. 

13 (3) REPRESENTATION.—The task force shall be 

14 comprised of representatives of— 

15 (A) the relevant offices of the TSA; 

16 (B) if considered appropriate by the Ad17 ministrator, the Science and Technology Direc18 torate of the Department of Homeland Secu19 rity; 

20 (C) any other component of the Depart21 ment of Homeland Security that the Adminis22 trator considers appropriate; and 

23 (D) such industry representatives as the 

24 Administrator considers appropriate. 


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1 (d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to require the acquisition or deploy3 ment of an innovative technology, emerging security capa4 bility, or process identified, developed, or recommended 

5 under this section. 

6 (e) NONAPPLICABILITY OF FACA.—The Federal Ad7 visory Committee Act (5 U.S.C. App.) shall not apply to 

8 the task force established under this section. 

9 SEC. 215. 5-YEAR TECHNOLOGY INVESTMENT PLAN UP10 DATE. 

11 Section 1611(g) of the Homeland Security Act of 

12 2002 (6 U.S.C. 563(g)) is amended— 

13 (1) by striking the matter preceding paragraph 

14 (1) and inserting ‘‘The Administrator shall, in col15 laboration with relevant industry and government 

16 stakeholders, annually submit to Congress in an ap17 pendix to the budget request and publish in an un18 classified format in the public domain—’’; 

19 (2) in paragraph (1), by striking ‘‘; and’’ and 

20 inserting a semicolon; 

21 (3) in paragraph (2), by striking the period and 

22 inserting ‘‘; and’’; and 

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


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1 ‘‘(3) information about acquisitions completed 

2 during the fiscal year preceding the fiscal year dur3 ing which the report is submitted.’’. 

4 SEC. 216. BIOMETRICS EXPANSION. 

5 Not later than 270 days after the date of enactment 

6 of this Act, the Administrator, in coordination with the 

7 Commissioner of Customs and Border Protection, shall— 

8 (1) assess the operational and security impact 

9 of using biometric technology to identify passengers; 

10 (2) facilitate, if appropriate, the deployment of 

11 such biometric technology at checkpoints, screening 

12 lanes, bag drop and boarding areas, and other areas 

13 where such deployment would enhance security and 

14 facilitate passenger movement; and 

15 (3) submit to the appropriate committees of 

16 Congress a report on the assessment under para17 graph (1) and deployment under paragraph (2). 

18 SEC. 217. PILOT PROGRAM FOR AUTOMATED EXIT LANE 

19 TECHNOLOGY. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of enactment of this Act, the Administrator shall es22 tablish a pilot program to implement and evaluate the use 

23 of automated exit lane technology at small hub airports 

24 and nonhub airports (as those terms are defined in section 

25 40102 of title 49, United States Code). 


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1 (b) PARTNERSHIP.—The Administrator shall carry 

2 out the pilot program in partnership with the applicable 

3 airport directors. 

4 (c) COST SHARE.—The Federal share of the cost of 

5 the pilot program under this section shall not exceed 85 

6 percent of the total cost of the program. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out the pilot pro9 gram under this section $15,000,000 for each of fiscal 

10 years 2018 through 2020. 

11 (e) GAO REPORT.—Not later than 2 years after the 

12 date of enactment of this Act, the Comptroller General 

13 of the United States shall submit to the appropriate com14 mittees of Congress a report on the pilot program, includ15 ing— 

16 (1) the level of airport interest and participa17 tion in the pilot program; 

18 (2) what return on investment, if any, was 

19 achieved by each program participant; and 

20 (3) recommendations regarding whether to ex21 pand or discontinue the pilot program. 


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1 SEC. 218. AUTHORIZATION OF APPROPRIATIONS; EXIT 

2 LANE SECURITY. 

3 There is authorized to be appropriated to carry out 

4 section 44903(n)(1) of title 49, United States Code, 

5 $77,000,000 for each of fiscal years 2018 through 2020. 

6 SEC. 219. REAL-TIME SECURITY CHECKPOINT WAIT TIMES. 

7 (a) IN GENERAL.—Not later than 18 months after 

8 the date of enactment of this Act, the Administrator shall 

9 make available to the public information on wait times at 

10 each airport security checkpoint. 

11 (b) REQUIREMENTS.—The information described in 

12 subsection (a) shall be provided in real time via technology 

13 and published— 

14 (1) online; and 

15 (2) in physical locations at the applicable air16 port terminal. 

17 (c) CONSIDERATIONS.—The Administrator shall 

18 make the information described in subsection (a) available 

19 to the public in a manner that does not increase public 

20 area security risks. 

21 (d) DEFINITION OF WAIT TIME.—In this section, the 

22 term ‘‘wait time’’ means the period beginning when a pas23 senger enters a queue for a screening checkpoint and end24 ing when the passenger has begun divestment of items re25 quiring screening at that checkpoint. 


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1 SEC. 220. GAO REPORT ON UNIVERSAL DEPLOYMENT OF 

2 ADVANCED IMAGING TECHNOLOGIES. 

3 (a) STUDY.—The Comptroller General of the United 

4 States shall conduct a study of the cost to the TSA or 

5 an airport to redesign, if necessary, airport security areas 

6 to fully deploy advanced imaging technologies at each air7 port at which security screening operations are conducted 

8 or overseen by the TSA. 

9 (b) COST ANALYSIS.—As a part of the study con10 ducted under subsection (a), the Comptroller General shall 

11 identify the costs that would be incurred by the TSA or 

12 the airport— 

13 (1) to purchase the equipment and other assets 

14 necessary to deploy advanced imaging technologies 

15 at the airport; 

16 (2) to install such equipment, including any re17 lated variant, and assets in the airport; and 

18 (3) to maintain such equipment and assets. 

19 (c) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the Comptroller General shall 

21 submit to the appropriate committees of Congress a report 

22 on the findings of the study under subsection (a). 

23 Subtitle B—Public Area Security 

24 SEC. 221. THIRD PARTY CANINES. 

25 (a) IN GENERAL.—Not later than 120 days after the 

26 date of enactment of this Act, to increase the supply of 


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1 canine teams for use by the TSA and aviation stake2 holders, the Administrator shall develop and issue stand3 ards that a third party explosives detection canine team 

4 must satisfy to be certified for the screening of individuals 

5 and property, including detection of explosive vapors 

6 among individuals and articles of property, in public areas 

7 of an airport under section 44901 of title 49, United 

8 States Code. 

9 (b) AGREEMENT.—Subject to subsections (c), (d), 

10 and (e), not later than 180 days after the date of enact11 ment of this Act, the Administrator shall enter into an 

12 agreement with at least 1 third party entity to test and 

13 certify the capabilities of canine teams in accordance with 

14 the standards under subsection (a). 

15 (c) EXPEDITED DEPLOYMENT.—In entering into an 

16 agreement under subsection (b), the Secretary shall use— 

17 (1) the other transaction authority under sec18 tion 114(m) of title 49, United States Code; or 

19 (2) such other authority of the Secretary as the 

20 Secretary considers appropriate to expedite the de21 ployment of additional canine teams. 

22 (d) PROCESS.—Before entering into an agreement 

23 under subsection (b), the Administrator shall— 


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1 (1) evaluate and verify a third party entity’s 

2 ability to effectively evaluate the capabilities of ca3 nine teams; 

4 (2) designate at least 3 evaluation centers to 

5 which vendors may send canine teams for testing 

6 and certification by the third party entity; and 

7 (3) periodically assess the program at evalua8 tion centers to ensure the proficiency of the canine 

9 team beyond the initial testing and certification by 

10 the third party entity. 

11 (e) CONSULTATION.—To determine best practices for 

12 the use of third party entities to test and certify the capa13 bilities of canine teams, the Administrator shall consult 

14 with the following entities before entering into an agree15 ment under subsection (b): 

16 (1) The Secretary of State. 

17 (2) Non-profit organizations that train, certify, 

18 and provide the services of canines for various pur19 poses. 

20 (f) OVERSIGHT.—The Administrator shall establish a 

21 process to ensure appropriate oversight of the certification 

22 program and compliance with the standards under sub23 section (a), including periodic audits of participating third 

24 party entities. 

25 (g) AUTHORIZATION.— 


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1 (1) TSA.—The Administrator shall develop and 

2 implement a process for the TSA to procure third 

3 party explosives detection canine teams certified 

4 under this section. 

5 (2) AVIATION STAKEHOLDERS.— 

6 (A) IN GENERAL.—The Administrator 

7 shall authorize an aviation stakeholder, under 

8 the oversight of and in coordination with the 

9 Federal Security Director at an applicable air10 port, to contract with, procure or purchase, and 

11 deploy one or more third party explosives detec12 tion canine teams certified under this section to 

13 augment public area security at that airport. 

14 (B) APPLICABLE LARGE HUB AIRPORTS.— 

15 Notwithstanding any law to the contrary and 

16 subject to the other provisions of this para17 graph, an applicable large hub airport may pro18 vide a certified canine contracted with, or pro19 cured or purchased under subparagraph (A) on 

20 an in-kind basis to the TSA to be deployed as 

21 a passenger screening canine at that airport un22 less the applicable large hub airport consents to 

23 the use of that certified canine elsewhere. 

24 (C) HANDLERS.—Not later than 30 days 

25 before an applicable large hub airport begins 


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1 training a canine under subparagraph (B), the 

2 airport shall notify the TSA of such training 

3 and the Administrator shall assign a TSA ca4 nine handler to participate in the training with 

5 that canine, as appropriate. 

6 (D) LIMITATION.—The Administrator may 

7 not reduce the staffing allocation model for an 

8 applicable large hub airport based on that air9 port’s participation in canine testing and certifi10 cation under this paragraph. 

11 (h) DEFINITIONS.—In this section: 

12 (1) APPLICABLE LARGE HUB AIRPORT.—The 

13 term ‘‘applicable large hub airport’’ means a large 

14 hub airport (as defined in section 40102 of title 49, 

15 United States Code) that has less than 100 percent 

16 of the allocated passenger screening canine teams 

17 staffed by the TSA. 

18 (2) AVIATION STAKEHOLDER.—The term ‘‘avia19 tion stakeholder’’ includes an airport, airport oper20 ator, and air carrier. 

21 SEC. 222. TRACKING AND MONITORING OF CANINE TRAIN22 ING AND TESTING. 

23 Not later than 180 days after the date of enactment 

24 of this Act, the Administrator shall use, to the extent prac25 ticable, a digital monitoring system for all training, testVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6401 E:\BILLS\S1872.RS S1872

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1 ing, and validation or certification of public and private 

2 canine assets utilized by the TSA to facilitate improved 

3 review, data analysis, and record keeping of canine testing 

4 performance and program administration. 

5 SEC. 223. VIPR TEAM STATISTICS. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of enactment of this Act, and annually thereafter, 

8 the Administrator shall notify the appropriate committees 

9 of Congress of the number of VIPR teams available for 

10 deployment at transportation facilities, including— 

11 (1) the number of VIPR team operations that 

12 include explosive detection canine teams; and 

13 (2) the distribution of VIPR team operations 

14 deployed across different modes of transportation. 

15 (b) ANNEX.—The notification under subsection (a) 

16 may contain a classified annex. 

17 (c) DEFINITION OF VIPR TEAM.—In this section, 

18 the term ‘‘VIPR’’ means a Visible Intermodal Prevention 

19 and Response team authorized under section 1303 of the 

20 National Transit Systems Security Act of 2007 (6 U.S.C. 

21 1112). 

22 SEC. 224. PUBLIC AREA BEST PRACTICES. 

23 (a) IN GENERAL.—The Administrator shall, in ac24 cordance with law and as received or developed, periodi25 cally submit to Federal Security Directors and appropriate 


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1 aviation security stakeholders information on any best 

2 practices developed by the TSA or appropriate aviation 

3 stakeholders related to protecting aviation infrastructure 

4 from emerging threats to public spaces of transportation 

5 venues. 

6 (b) INFORMATION SHARING.—The Administrator 

7 shall, in accordance with law— 

8 (1) in coordination with the Office of the Direc9 tor of National Intelligence and industry partners, 

10 implement improvements to the Air Domain Intel11 ligence and Analysis Center to encourage increased 

12 participation from aviation stakeholders and enhance 

13 government and industry aviation security informa14 tion sharing on aviation security threats, including 

15 on cybersecurity threat awareness; and 

16 (2) expand and improve the City and Airport 

17 Threat Assessment or similar program to public and 

18 private aviation stakeholders to capture, quantify, 

19 communicate, and apply applicable intelligence to in20 form airport mitigation measures, such as— 

21 (A) quantifying levels of risk by airport 

22 that can be used to determine risk-based secu23 rity mitigation measures at each location; 


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1 (B) determining random and surge em2 ployee inspection operations based on changing 

3 levels of risk; and 

4 (C) targeting any high-risk employee 

5 groups and specific points of risk within the 

6 airport perimeter for such mitigation measures 

7 as random inspections; 

8 (3) continue to disseminate Transportation In9 telligence Notes, tear-lines, and related intelligence 

10 products to appropriate transportation security 

11 stakeholders on a regular basis; and 

12 (4) continue to conduct both regular routine 

13 and threat-specific classified briefings between the 

14 TSA and appropriate aviation and other transpor15 tation sector stakeholders on an individual or group 

16 basis to provide greater information sharing between 

17 public and private sectors. 

18 (c) MASS NOTIFICATION.—The Administrator shall 

19 encourage aviation security stakeholders to utilize mass 

20 notification systems, including the Integrated Public Alert 

21 Warning System of the Federal Emergency Management 

22 Agency and social media platforms, to disseminate infor23 mation to transportation community employees, travelers, 

24 and the general public, as appropriate. 


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1 (d) PUBLIC AWARENESS PROGRAMS.—The Secretary 

2 of Homeland Security, in coordination with the Adminis3 trator, shall expand public programs of the Department 

4 and the TSA that increase security threat awareness, edu5 cation, and training to include transportation network 

6 public area employees, including airport and transpor7 tation vendors, local hotels, cab and limousine companies, 

8 ridesharing companies, cleaning companies, gas station at9 tendants, cargo operators, and general aviation members. 

10 (e) AVIATION EMPLOYEE VETTING.—The Adminis11 trator shall allow an air carrier, airport, or airport oper12 ator, in addition to any background check required for ini13 tial employment, to utilize the Federal Bureau of Inves14 tigation’s Rap Back Service and other vetting tools as ap15 propriate, including the No-Fly and Selectee lists, to get 

16 immediate notification of any criminal activity relating to 

17 an employee with access to an airport or its perimeter, 

18 regardless of whether the employee is seeking access to 

19 a public or secured area of the airport. 

20 SEC. 225. LAW ENFORCEMENT OFFICER REIMBURSEMENT 

21 PROGRAM. 

22 (a) IN GENERAL.—In accordance with section 

23 44903(c)(1) of title 49, United States Code, the Adminis24 trator shall increase the number of awards, and the total 


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1 funding amount of each award, under the Law Enforce2 ment Officer Reimbursement Program— 

3 (1) to increase the presence of law enforcement 

4 officers in the public areas of airports, including 

5 baggage claim, ticket counters, and nearby roads; 

6 (2) to increase the presence of law enforcement 

7 officers at screening checkpoints; 

8 (3) to reduce the response times of law enforce9 ment officers during security incidents; and 

10 (4) to provide visible deterrents to potential ter11 rorists. 

12 (b) COOPERATION BY ADMINISTRATOR.—In carrying 

13 out subsection (a), the Administrator shall use the author14 ity provided to the Administrator under section 114(m) 

15 of title 49, United States Code, that is the same authority 

16 as is provided to the Administrator of the Federal Aviation 

17 Administration under section 106(m) of that title. 

18 (c) ADMINISTRATIVE BURDENS.—The Administrator 

19 shall review the regulations and compliance policies related 

20 to the Law Enforcement Officer Reimbursement Program 

21 and, if necessary, revise such regulations and policies to 

22 reduce any administrative burdens on applicants or recipi23 ents of such awards. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out section 


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1 44901(h) of title 49, United States Code, $55,000,000 for 

2 each of fiscal years 2018 through 2020. 

3 Subtitle C—Passenger and Cargo 

4 Security 

5 SEC. 231. PRECHECK PROGRAM. 

6 (a) IN GENERAL.—Section 44919 is amended to read 

7 as follows: 

8 ‘‘§ 44919. PreCheck Program 

9 ‘‘(a) IN GENERAL.—The Administrator of the Trans10 portation Security Administration shall continue to ad11 minister the PreCheck Program in accordance with section 

12 109(a)(3) of the Aviation and Transportation Security Act 

13 (49 U.S.C. 114 note). 

14 ‘‘(b) EXPANSION.—Not later than 180 days after the 

15 date of enactment of the TSA Modernization Act, the Ad16 ministrator shall enter into an agreement, using other 

17 transaction authority under section 114(m) of this title, 

18 with at least 2 private sector entities to increase the meth19 ods and capabilities available for the public to enroll in 

20 the PreCheck Program. 

21 ‘‘(c) MINIMUM CAPABILITY REQUIREMENTS.—At 

22 least 1 agreement under subsection (b) shall include the 

23 following capabilities: 

24 ‘‘(1) Start-to-finish secure online or mobile en25 rollment capability. 


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1 ‘‘(2) Vetting of an applicant by means other 

2 than biometrics, such as a risk assessment, if— 

3 ‘‘(A) such means— 

4 ‘‘(i) are evaluated and certified by the 

5 Secretary of Homeland Security; 

6 ‘‘(ii) meet the definition of a qualified 

7 anti-terrorism technology under section 

8 865 of the Homeland Security Act of 2002 

9 (6 U.S.C. 444); or 

10 ‘‘(iii) are determined by the Adminis11 trator to provide a risk assessment that is 

12 as effective as a fingerprint-based criminal 

13 history records check conducted through 

14 the Federal Bureau of Investigation with 

15 respect to identifying individuals who are 

16 not qualified to participate in the 

17 PreCheck Program due to disqualifying 

18 criminal history; and 

19 ‘‘(B) with regard to private sector risk as20 sessments, the Secretary has certified that rea21 sonable procedures are in place with regard to 

22 the accuracy, relevancy, and proper utilization 

23 of information employed in such risk assess24 ments. 


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1 ‘‘(d) ADDITIONAL CAPABILITY REQUIREMENTS.—At 

2 least 1 agreement under subsection (b) shall include the 

3 following capabilities: 

4 ‘‘(1) Start-to-finish secure online or mobile en5 rollment capability. 

6 ‘‘(2) Vetting of an applicant by means of bio7 metrics if the collection— 

8 ‘‘(A) is comparable with the appropriate 

9 and applicable standards developed by the Na10 tional Institute of Standards and Technology; 

11 and 

12 ‘‘(B) protects privacy and data security, 

13 including that any personally identifiable infor14 mation is collected, retained, used, and shared 

15 in a manner consistent with section 552a of 

16 title 5, United States Code (commonly known 

17 as ‘Privacy Act of 1974’), and with agency reg18 ulations. 

19 ‘‘(e) TARGET ENROLLMENT.—Subject to subsections 

20 (b), (c), and (d), the Administrator shall take actions to 

21 expand the total number of individuals enrolled in the 

22 PreCheck Program as follows: 

23 ‘‘(1) 7,000,000 passengers before October 1, 

24 2018. 


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1 ‘‘(2) 10,000,000 passengers before October 1, 

2 2019. 

3 ‘‘(3) 15,000,000 passengers before October 1, 

4 2020. 

5 ‘‘(f) MARKETING OF PRECHECK PROGRAM.—Not 

6 later than 90 days after the date of enactment of the TSA 

7 Modernization Act, the Administrator shall— 

8 ‘‘(1) enter into at least 2 agreements, using 

9 other transaction authority under section 114(m) of 

10 this title, to market the PreCheck Program; and 

11 ‘‘(2) implement a long-term strategy for 

12 partnering with the private sector to encourage en13 rollment in such program. 

14 ‘‘(g) IDENTITY VERIFICATION ENHANCEMENT.—The 

15 Administrator shall— 

16 ‘‘(1) coordinate with the heads of appropriate 

17 components of the Department to leverage Depart18 ment-held data and technologies to verify the iden19 tity and citizenship of individuals enrolling in the 

20 PreCheck Program; 

21 ‘‘(2) partner with the private sector to use bio22 metrics and authentication standards, such as rel23 evant standards developed by the National Institute 

24 of Standards and Technology, to facilitate enroll25 ment in the program; and 


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1 ‘‘(3) consider leveraging the existing resources 

2 and abilities of airports to collect fingerprints for 

3 use in background checks to expedite identity 

4 verification. 

5 ‘‘(h) PRECHECK PROGRAM LANES OPERATION.— 

6 The Administrator shall— 

7 ‘‘(1) ensure that PreCheck Program screening 

8 lanes are open and available during peak and high9 volume travel times at appropriate airports to indi10 viduals enrolled in the PreCheck Program; and 

11 ‘‘(2) make every practicable effort to provide 

12 expedited screening at standard screening lanes dur13 ing times when PreCheck Program screening lanes 

14 are closed to individuals enrolled in the program in 

15 order to maintain operational efficiency. 

16 ‘‘(i) VETTING FOR PRECHECK PROGRAM PARTICI17 PANTS.—The Administrator shall initiate an assessment 

18 to identify any security vulnerabilities in the vetting proc19 ess for the PreCheck Program, including determining 

20 whether subjecting PreCheck Program participants to re21 current fingerprint-based criminal history records checks, 

22 in addition to recurrent checks against the terrorist 

23 watchlist, could be done in a cost-effective manner to 

24 strengthen the security of the PreCheck Program. 


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1 ‘‘(j) ASSURANCE OF SEPARATE PROGRAM.—In car2 rying out this section, the Administrator shall ensure that 

3 the PreCheck program enrollment capabilities, including 

4 the additional private sector application capabilities under 

5 subsections (b), (c), and (d), are separate from any other 

6 related TSA program, initiative, or procurement, including 

7 the Universal Enrollment Services program. 

8 ‘‘(k) EXPENDITURE OF FUNDS.—Any Federal funds 

9 expended by the Administrator to expand PreCheck Pro10 gram enrollment shall be expended in a manner that meets 

11 the requirements of this section.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) REPEAL.—Subtitle A of title III of the FAA 

14 Extension, Safety, and Security Act of 2016 (49 

15 U.S.C. 44901 note) and the items relating to that 

16 subtitle in the table of contents of that Act are re17 pealed. 

18 (2) TABLE OF CONTENTS.—The table of con19 tents of chapter 449 is amended by amending the 

20 item relating to section 44919 to read as follows: 

‘‘44919. PreCheck Program.’’. 

21 (3) SCREENING PASSENGERS AND PROPERTY.— 

22 Section 44901(a) is amended by striking ‘‘44919 

23 or’’. 


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1 SEC. 232. TRUSTED TRAVELER PROGRAMS; COLLABORA2 TION. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Administrator, in consultation with the 

5 Commissioner of U.S. Customs and Border Protection, 

6 shall— 

7 (1) review each trusted traveler program ad8 ministered by U.S. Customs and Border Protection 

9 and the PreCheck Program; 

10 (2) identify any improvements that can be made 

11 to such programs— 

12 (A) to streamline and integrate the re13 quirements and operations of such programs to 

14 reduce administrative burdens, including appli15 cations for inclusion and determining whether a 

16 valid credential can satisfy the requirements for 

17 another credential; 

18 (B) to increase information and data shar19 ing across such programs; and 

20 (C) to allow the public to access and link 

21 to the applications for enrollment in all of such 

22 programs from 1 online portal; 

23 (3) identify any law, including regulations, pol24 icy, or procedure that may unnecessarily inhibit col25 laboration among Department of Homeland Security 


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1 agencies regarding such programs or implementation 

2 of the improvements identified under paragraph (2); 

3 (4) recommend any legislative, administrative, 

4 or other actions that can be taken to eliminate any 

5 unnecessary barriers to collaboration or implementa6 tion identified in paragraph (3); and 

7 (5) submit to the appropriate committees of 

8 Congress a report on the review, including any un9 necessary barriers to collaboration or implementa10 tion identified under paragraph (3), and any rec11 ommendations under paragraph (4). 

12 SEC. 233. PASSENGER SECURITY FEE. 

13 Section 44940(c) is amended by adding at the end 

14 the following: 

15 ‘‘(3) OFFSETTING COLLECTIONS.—Beginning 

16 on October 1, 2025, fees collected under subsection 

17 (a)(1) for any fiscal year shall be credited as offset18 ting collections to appropriations made for aviation 

19 security measures carried out by the Transportation 

20 Security Administration, to remain available until 

21 expended.’’. 


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1 SEC. 234. THIRD PARTY CANINE TEAMS FOR AIR CARGO SE2 CURITY. 

3 Section 1307 of the Implementing Recommendations 

4 of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is 

5 amended by adding at the end the following: 

6 ‘‘(h) THIRD PARTY CANINE TEAMS FOR AIR CARGO

7 SECURITY.— 

8 ‘‘(1) IN GENERAL.—In order to enhance the 

9 screening of air cargo and ensure that third party 

10 explosives detection canine assets are leveraged for 

11 such purpose, the Administrator shall, not later than 

12 180 days after the date of enactment of the TSA 

13 Modernization Act— 

14 ‘‘(A) develop and issue standards for the 

15 use of such third party explosives detection ca16 nine assets for the primary screening of air 

17 cargo; 

18 ‘‘(B) develop a process to identify qualified 

19 non-Federal entities that will certify canine as20 sets that meet the standards established by the 

21 Administrator under subparagraph (A); 

22 ‘‘(C) ensure that entities qualified to cer23 tify canine assets shall be independent from en24 tities that will train and provide canines to end 

25 users of such canine assets; 


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1 ‘‘(D) establish a system of Transportation 

2 Security Administration audits of the process 

3 developed under subparagraph (B); and 

4 ‘‘(E) provide that canines certified for the 

5 primary screening of air cargo can be used by 

6 air carriers, foreign air carriers, freight for7 warders, and shippers. 

8 ‘‘(2) IMPLEMENTATION.—Beginning on the 

9 date that the development of the process under para10 graph (1)(B) is complete, the Administrator shall— 

11 ‘‘(A) facilitate the deployment of such as12 sets that meet the certification standards of the 

13 Administration, as determined by the Adminis14 trator; 

15 ‘‘(B) make such standards available to 

16 vendors seeking to train and deploy third party 

17 explosives detection canine assets; and 

18 ‘‘(C) ensure that all costs for the training 

19 and certification of canines, and for the use of 

20 supplied canines, are borne by private industry 

21 and not the Federal Government. 

22 ‘‘(3) DEFINITIONS.—In this subsection: 

23 ‘‘(A) AIR CARRIER.—The term ‘air carrier’ 

24 has the meaning given the term in section 

25 40102 of title 49, United States Code. 


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1 ‘‘(B) FOREIGN AIR CARRIER.—The term 

2 ‘foreign air carrier’ has the meaning given the 

3 term in section 40102 of title 49, United States 

4 Code. 

5 ‘‘(C) THIRD PARTY EXPLOSIVES DETEC6 TION CANINE ASSET.—The term ‘third party 

7 explosives detection canine asset’ means any ex8 plosives detection canine or handler not owned 

9 or employed, respectively, by the Transportation 

10 Security Administration.’’. 

11 SEC. 235. KNOWN SHIPPER PROGRAM REVIEW. 

12 The Administrator shall direct the Air Cargo Sub13 committee of ASAC— 

14 (1) to conduct a comprehensive review and se15 curity assessment of the Known Shipper Program; 

16 (2) to recommend whether the Known Shipper 

17 Program should be modified or eliminated consid18 ering the full implementation of 100 percent screen19 ing under section 44901(g) of title 49, United States 

20 Code; and 

21 (3) to report its findings and recommendations 

22 to the Administrator. 

23 SEC. 236. SCREENING PARTNERSHIP PROGRAM UPDATES. 

24 (a) SECURITY SCREENING OPT-OUT PROGRAM.— 

25 Section 44920 is amended— 


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1 (1) in the heading by striking ‘‘Security 

2 screening opt-out program’’ and inserting 

3 ‘‘Screening partnership program’’; 

4 (2) by amending subsection (a) to read as fol5 lows: 

6 ‘‘(a) IN GENERAL.—An operator of an airport, air7 port terminal, or airport security checkpoint may submit 

8 to the Administrator of the Transportation Security Ad9 ministration an application to carry out the screening of 

10 passengers and property at the airport under section 

11 44901 by personnel of a qualified private screening com12 pany pursuant to a contract with the Transportation Se13 curity Administration.’’; 

14 (3) in subsection (b)— 

15 (A) by amending paragraph (1) to read as 

16 follows: 

17 ‘‘(1) IN GENERAL.—Not later than 30 days 

18 after the date of receipt of an application submitted 

19 by an operator of an airport, airport terminal, or 

20 airport security checkpoint under subsection (a), the 

21 Administrator shall approve or deny the applica22 tion.’’; and 

23 (B) in paragraphs (2) and (3), by striking 

24 ‘‘Under Secretary’’ each place it appears and 

25 inserting ‘‘Administrator’’; 


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1 (4) in subsection (d)— 

2 (A) in the heading, by striking ‘‘STAND3 ARDS’’ inserting ‘‘SELECTION OF CONTRACTS

4 AND STANDARDS’’; 

5 (B) by redesignating paragraph (2) as 

6 paragraph (3); 

7 (C) in paragraph (1)— 

8 (i) by striking ‘‘The Under Secretary 

9 may enter’’ and all that follows through 

10 ‘‘certifies to Congress that—’’ and insert11 ing ‘‘The Administrator shall, upon ap12 proval of the application, provide each op13 erator of an airport, airport terminal, or 

14 airport security checkpoint with a list of 

15 qualified private screening companies.’’; 

16 and 

17 (ii) by inserting before subparagraphs 

18 (A) and (B) the following: 

19 ‘‘(2) CONTRACTS.—Not later than 60 days 

20 after the selection of a qualified private screening 

21 company by the operator, the Administrator shall 

22 enter into a contract with such company for the pro23 vision of screening at the airport, airport terminal, 

24 or airport security checkpoint if—’’; and 

25 (D) in paragraph (2), as redesignated— 


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1 (i) in subparagraph (A), by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (ii) in subparagraph (B)— 

4 (I) by striking ‘‘Under Sec5 retary’’ and inserting ‘‘Adminis6 trator’’; and 

7 (II) by striking the period at the 

8 end and inserting ‘‘; and’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(C) the selected qualified private screen12 ing company offered contract price is equal to 

13 or less than the comprehensive cost to the Fed14 eral Government to provide screening services 

15 at the airport, airport terminal, or airport secu16 rity checkpoint.’’; and 

17 (E) in paragraph (3), as redesignated— 

18 (i) by striking ‘‘paragraph (1)(B)’’ 

19 and inserting ‘‘paragraph (2)(B)’’; and 

20 (ii) by striking ‘‘Under Secretary’’ 

21 each place it appears and inserting ‘‘Ad22 ministrator’’; 

23 (5) in subsection (e)— 

24 (A) in the heading, by striking 

25 ‘‘SCREENED’’ and inserting ‘‘SCREENING’’; 


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1 (B) by striking the period at the end and 

2 inserting ‘‘; and’’; 

3 (C) by striking ‘‘The Under Secretary 

4 shall’’ and inserting ‘‘The Administrator shall— 

5 ’’; 

6 (D) by inserting ‘‘(1)’’ before ‘‘provide 

7 Federal Government’’ and indenting appro8 priately; and 

9 (E) by adding at the end the following: 

10 ‘‘(2) undertake covert testing and remedial 

11 training support for employees of private screening 

12 companies providing screening at airports.’’; 

13 (6) in subsection (f)— 

14 (A) in the heading, by inserting ‘‘OR SUS15 PENSION’’; 

16 (B) by striking ‘‘terminate’’ and inserting 

17 ‘‘suspend or terminate, as appropriate,’’; and 

18 (C) by striking ‘‘Under Secretary’’ each 

19 place it appears and inserting ‘‘Administrator’’; 

20 and 

21 (7) by striking subsection (h). 

22 (b) APPLICATIONS SUBMITTED BEFORE THE DATE

23 OF ENACTMENT.—Not later than 30 days after the date 

24 of enactment of this Act, the Administrator shall approve 

25 or deny, in accordance with section 44920(b) of title 49, 


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1 United States Code, as amended by this Act, each applica2 tion submitted before the date of enactment of this Act, 

3 by an airport operator under subsection (a) of that sec4 tion, that is awaiting such a determination. 

5 SEC. 237. SCREENING PERFORMANCE ASSESSMENTS. 

6 Subject to part 1520 of title 49, Code of Federal Reg7 ulations, the Administrator shall quarterly make available 

8 to the airport director of an airport— 

9 (1) an assessment of the screening performance 

10 of that airport compared to the mean average per11 formance of all airports in the equivalent airport 

12 category for screening performance data; and 

13 (2) a quarterly briefing on the results of per14 formance data reports, including— 

15 (A) a scorecard of objective metrics devel16 oped by the Office of Security Operations to 

17 measure screening performance, such as results 

18 of annual proficiency reviews and covert testing, 

19 at the appropriate level of classification; and 

20 (B) other performance data, including— 

21 (i) passenger throughput; 

22 (ii) wait times; and 

23 (iii) employee attrition, absenteeism, 

24 injury rates, and any other human capital 

25 measures collected by TSA. 


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1 SEC. 238. TSA ACADEMY REVIEW. 

2 (a) REVIEW.—Not later than 270 days after the date 

3 of enactment of this Act, the Comptroller General of the 

4 United States shall— 

5 (1) conduct an assessment of the efficiency and 

6 effectiveness of the new-hire TSA Academy at train7 ing airport security personnel compared to when 

8 such training of transportation security officers was 

9 conducted at local airports; and 

10 (2) submit to the appropriate committees of 

11 Congress a report on the findings of the assessment 

12 and any recommendations to maximize the efficiency 

13 and effectiveness of training for airport security per14 sonnel. 

15 (b) CONTENTS.—The assessment shall— 

16 (1) include a cost-benefit analysis of training 

17 new Transportation Security Officer and Screening 

18 Partnership Program contractor hires at the TSA 

19 Academy compared to when such training of trans20 portation security officers was conducted at local 

21 airports; 

22 (2) examine the impact on performance, profes23 sionalism, and retention rates of Transportation Se24 curity Officer and Screening Partnership Program 

25 contractor employees since the new training proto26 cols at the TSA Academy have been put in place 


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1 compared to when training was conducted at local 

2 airports; and 

3 (3) examine whether new hire training at the 

4 TSA Academy has had any impact on the airports 

5 and companies that participate in the Screening 

6 Partnership Program. 

7 Subtitle D—Foreign Airport 

8 Security 

9 SEC. 241. LAST POINT OF DEPARTURE AIRPORTS; SECU10 RITY DIRECTIVES. 

11 (a) NOTICE AND CONSULTATION.— 

12 (1) IN GENERAL.—The Administrator shall, to 

13 the maximum extent practicable, consult and notify 

14 the following stakeholders prior to making changes 

15 to security standards via security directives and 

16 emergency amendments for last points of departure: 

17 (A) Trade association representatives, for 

18 affected air carriers and airports, who hold the 

19 appropriate security clearances. 

20 (B) The head of each relevant Federal de21 partment or agency, including the Adminis22 trator of the Federal Aviation Administration. 

23 (2) TRANSMITTAL TO CONGRESS.—Not later 

24 than 3 days after the date that the Administrator 

25 issues a security directive or emergency amendment 


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1 for a last point of departure, the Administrator shall 

2 transmit to the appropriate committees of Congress 

3 a description of the extent to which the Adminis4 trator consulted and notified the stakeholders under 

5 paragraph (1). 

6 (b) GAO REPORT.— 

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

8 the date of enactment of this Act, the Comptroller 

9 General of the United States shall review the effec10 tiveness of the TSA process to update, consolidate, 

11 or revoke security directives, emergency amend12 ments, and other policies related to international 

13 aviation security at last point of departure airports 

14 and submit to the appropriate committees of Con15 gress and the Administrator a report on the findings 

16 and recommendations. 

17 (2) CONTENTS.—In conducting the review 

18 under paragraph (1), the Comptroller General 

19 shall— 

20 (A) review current security directives, 

21 emergency amendments, and any other policies 

22 related to international aviation security at last 

23 point of departure airports; 


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1 (B) review the extent of intra-agency and 

2 interagency coordination, stakeholder outreach, 

3 coordination, and feedback; and 

4 (C) recommend any updates, consolidation, 

5 or revocation of such security directives, emer6 gency amendments, and policies. 

7 (c) RESCREENING.—Subject to section 

8 44901(d)(4)(c) of title 49, United States Code, upon dis9 covery of specific threat intelligence, the Administrator 

10 shall immediately direct TSA personnel to rescreen pas11 sengers and baggage arriving from an airport outside the 

12 United States and identify enhanced measures that should 

13 be implemented at that airport. 

14 (d) NOTIFICATION TO CONGRESS.—Not later than 1 

15 day after the date that the Administrator determines that 

16 a foreign air carrier is in violation of part 1546 of title 

17 49, Code of Federal Regulations, or any other applicable 

18 security requirement, the Administrator shall notify the 

19 appropriate committees of Congress. 

20 SEC. 242. TRACKING SECURITY SCREENING EQUIPMENT 

21 FROM LAST POINT OF DEPARTURE AIR22 PORTS. 

23 (a) DONATION OF SCREENING EQUIPMENT TO PRO24 TECT THE UNITED STATES.—Chapter 449 is amended— 


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1 (1) in subchapter I, by adding at the end the 

2 following: 

3 ‘‘§ 44929. Donation of screening equipment to protect 

4 the United States 

5 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

6 Administrator is authorized to donate security screening 

7 equipment to a foreign last point of departure airport op8 erator if such equipment can be reasonably expected to 

9 mitigate a specific vulnerability to the security of the 

10 United States or United States citizens. 

11 ‘‘(b) CONDITIONS.—Before donating any security 

12 screening equipment to a foreign last point of departure 

13 airport operator the Administrator shall— 

14 ‘‘(1) ensure that the screening equipment has 

15 been restored to commercially available settings; 

16 ‘‘(2) ensure that no TSA-specific security 

17 standards or algorithms exist on the screening 

18 equipment; and 

19 ‘‘(3) verify that the appropriate officials have 

20 an adequate system— 

21 ‘‘(A) to properly maintain and operate the 

22 screening equipment; and 

23 ‘‘(B) to document and track any removal 

24 or disposal of the screening equipment to en25 sure the screening equipment does not come 


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1 into the possession of terrorists or otherwise 

2 pose a risk to security. 

3 ‘‘(c) REPORTS.—Not later than 30 days before any 

4 donation of security screening equipment under subsection 

5 (a), the Administrator shall provide to the Committee on 

6 Commerce, Science, and Transportation and the Com7 mittee on Homeland Security and Governmental Affairs 

8 of the Senate and the Committee on Homeland Security 

9 of the House of Representatives a detailed written expla10 nation of the following: 

11 ‘‘(1) The specific vulnerability to the United 

12 States or United States citizens that will be miti13 gated by such donation. 

14 ‘‘(2) An explanation as to why the recipient of 

15 such donation is unable or unwilling to purchase se16 curity screening equipment to mitigate such vulner17 ability. 

18 ‘‘(3) An evacuation plan for sensitive tech19 nologies in case of emergency or instability in the 

20 country to which such donation is being made. 

21 ‘‘(4) How the Administrator will ensure the se22 curity screening equipment that is being donated is 

23 used and maintained over the course of its life by 

24 the recipient. 

25 ‘‘(5) The total dollar value of such donation. 


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1 ‘‘(6) How the appropriate officials will docu2 ment and track any removal or disposal of the 

3 screening equipment by the recipient to ensure the 

4 screening equipment does not come into the posses5 sion of terrorists or otherwise pose a risk to secu6 rity.’’; and 

7 (2) in the table of contents, by inserting after 

8 the item relating to section 44928 the following: 

‘‘44929. Donation of screening equipment to protect the United States.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 Section 3204 of the Aviation Security Act of 2016 (49 

11 U.S.C. 44901 note) and the item relating to that section 

12 in the table of contents of that Act are repealed. 

13 (c) RAISING INTERNATIONAL STANDARDS.—Not 

14 later than 90 days after the date of enactment of this Act, 

15 the Administrator shall collaborate with other aviation au16 thorities and the United States Ambassador or the Charge 

17 d’Affaires to the United States Mission to the Inter18 national Civil Aviation Organization, as applicable, to ad19 vance a global standard for each international airport to 

20 document and track the removal and disposal of any secu21 rity screening equipment to ensure the screening equip22 ment does not come into the possession of terrorists or 

23 otherwise pose a risk to security. 


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1 SEC. 243. INTERNATIONAL SECURITY STANDARDS. 

2 (a) NOTIFICATION.—Not later than 90 days after the 

3 date of enactment of this Act, the Administrator, in con4 sultation with the United States Ambassador to the Inter5 national Civil Aviation Organization, shall notify the Com6 mittee on Commerce, Science, and Transportation and the 

7 Committee on Foreign Relations of the Senate, and the 

8 Committee on Homeland Security and the Committee on 

9 Foreign Affairs of the House of Representatives of pro10 posed international improvements to aviation security. 

11 (b) SECURITY ENHANCEMENT PROPOSALS.—Subject 

12 to subsection (a), the Administrator and Ambassador shall 

13 take such action at the International Civil Aviation Orga14 nization as the Administrator and Ambassador consider 

15 necessary to advance aviation security improvement pro16 posals, including if practicable, introducing a resolution to 

17 raise minimum standards for aviation security. 

18 (c) BRIEFINGS TO CONGRESS.—Beginning not later 

19 than 180 days after the date of enactment of this Act, 

20 and periodically thereafter, the Administrator, in consulta21 tion with the Ambassador, shall brief the Committee on 

22 Commerce, Science, and Transportation and the Com23 mittee on Foreign Relations of the Senate, and the Com24 mittee on Homeland Security and the Committee on For25 eign Affairs of the House of Representatives a report on 

26 the implementation of subsection (a). 


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1 Subtitle E—Cockpit and Cabin 

2 Security 

3 SEC. 251. FEDERAL AIR MARSHAL SERVICE UPDATES. 

4 (a) STANDARDIZATION.—Not later than 60 days 

5 after the date of enactment of this Act, the Administrator 

6 shall develop a standard written agreement that shall be 

7 the basis of all negotiations and agreements that begin 

8 after the date of enactment of this Act between the United 

9 States and foreign governments or partners regarding the 

10 presence of Federal air marshals on flights to and from 

11 the United States, including deployment, technical assist12 ance, and information sharing. 

13 (b) WRITTEN AGREEMENTS.—Except as provided in 

14 subsection (c), not later than 180 days after the date of 

15 enactment of this Act, all agreements between the United 

16 States and foreign governments or partners regarding the 

17 presence of Federal air marshals on flights to and from 

18 the United States shall be in writing and signed by the 

19 Administrator or other authorized United States Govern20 ment representative. 

21 (c) EXCEPTION.—The Administrator may schedule 

22 Federal air marshal service on flights operating to a for23 eign country with which no written agreement is in effect 

24 if the Administrator determines that— 


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1 (1) such mission is necessary for aviation secu2 rity; and 

3 (2) the requirements of subsection (d)(2) are 

4 met. 

5 (d) NOTIFICATION TO CONGRESS.— 

6 (1) WRITTEN AGREEMENTS.—Not later than 

7 30 days after the date that the Administrator enters 

8 into a written agreement under this section, the Ad9 ministrator shall transmit to the appropriate com10 mittees of Congress a copy of the agreement. 

11 (2) NO WRITTEN AGREEMENTS.—The Adminis12 trator shall submit to the appropriate committees of 

13 Congress— 

14 (A) not later than 30 days after the date 

15 of enactment of this Act, a list of each foreign 

16 government or partner that does not have a 

17 written agreement under this section, including 

18 an explanation for why no written agreement 

19 exists and a justification for the determination 

20 that such a mission is necessary for aviation se21 curity; and 

22 (B) not later than 30 days after the date 

23 that the Administrator makes a determination 

24 to schedule Federal air marshal service on 

25 flights operating to a foreign country with 


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1 which no written agreement is in effect under 

2 subsection (c), the name of the applicable for3 eign government or partner, an explanation for 

4 why no written agreement exists, and a jus5 tification for the determination that such mis6 sion is necessary for aviation security. 

7 (e) MISSION SCHEDULING AUTOMATION.—The Ad8 ministrator shall endeavor to acquire automated capabili9 ties or technologies for scheduling Federal air marshal 

10 service missions based on current risk modeling. 

11 SEC. 252. CREW MEMBER SELF-DEFENSE TRAINING. 

12 The Administrator, in consultation with the Adminis13 trator of the Federal Aviation Administration, shall con14 tinue to carry out and encourage increased participation 

15 by air carrier employees in the voluntary self-defense 

16 training program under section 44918(b) of title 49, 

17 United States Code. 

18 SEC. 253. FLIGHT DECK SAFETY AND SECURITY. 

19 (a) THREAT ASSESSMENT.—Not later than 90 days 

20 after the date of enactment of this Act, the Administrator, 

21 in consultation with the Administrator of the Federal 

22 Aviation Administration, shall complete a detailed threat 

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1 mercial aircraft and any appropriate measures that should 

2 be taken based on the risks. 

3 (b) RTCA REPORT.—The Administrator, in coordi4 nation with the Administrator of the Federal Aviation Ad5 ministration, shall disseminate RTCA Document (DO– 

6 329) Aircraft Secondary Barriers and Alternative Flight 

7 Deck Security Procedure to aviation stakeholders, includ8 ing air carriers and flight crew, to convey effective meth9 ods and best practices to protect the flight deck. 

10 SEC. 254. CARRIAGE OF WEAPONS, EXPLOSIVES, AND IN11 CENDIARIES BY INDIVIDUALS. 

12 (a) INTERPRETIVE RULE.—Subject to subsections 

13 (b) and (c), the Administrator shall periodically review and 

14 amend, as necessary, the interpretive rule (68 Fed. Reg. 

15 7444) that provides guidance to the public on the types 

16 of property considered to be weapons, explosives, and in17 cendiaries prohibited under section 1540.111 of title 49, 

18 Code of Federal Regulations. 

19 (b) CONSIDERATIONS.—Before determining whether 

20 to amend the interpretive rule to include or remove an 

21 item from the prohibited list, the Administrator shall— 

22 (1) research and evaluate— 

23 (A) the impact, if any, the amendment 

24 would have on security risks; 


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1 (B) the impact, if any, the amendment 

2 would have on screening operations, including 

3 effectiveness and efficiency; and 

4 (C) whether the amendment is consistent 

5 with international standards and guidance, in6 cluding of the International Civil Aviation Or7 ganization; and 

8 (2) consult with appropriate aviation security 

9 stakeholders, including ASAC. 

10 (c) EXCEPTIONS.—Except for plastic or round bladed 

11 butter knives, the Administrator may not amend the inter12 pretive rule described in subsection (a) to authorize any 

13 knife to be permitted in an airport sterile area or in the 

14 cabin of an aircraft. 

15 (d) NOTIFICATION.—The Administrator shall— 

16 (1) publish in the Federal Register any amend17 ment to the interpretive rule described in subsection 

18 (a); and 

19 (2) notify the appropriate committees of Con20 gress of the amendment not later than 3 days before 

21 publication under paragraph (1). 


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1 TITLE III—CONFORMING AND 

2 MISCELLANEOUS AMENDMENTS 

3 SEC. 301. TITLE 49 AMENDMENTS. 

4 (a) DELETION OF DUTIES RELATED TO AVIATION

5 SECURITY.—Section 106(g) is amended to read as follows: 

6 ‘‘(g) DUTIES AND POWERS OF ADMINISTRATOR.— 

7 The Administrator shall carry out the following: 

8 ‘‘(1) Duties and powers of the Secretary of 

9 Transportation under subsection (f) of this section 

10 related to aviation safety (except those related to 

11 transportation, packaging, marking, or description of 

12 hazardous material) and stated in the following: 

13 ‘‘(A) Section 308(b). 

14 ‘‘(B) Subsections (c) and (d) of section 

15 1132. 

16 ‘‘(C) Sections 40101(c), 40103(b), 

17 40106(a), 40108, 40109(b), 40113(a), 

18 40113(c), 40113(d), 40113(e), and 40114(a). 

19 ‘‘(D) Chapter 445, except sections 

20 44501(b), 44502(a)(2), 44502(a)(3), 

21 44502(a)(4), 44503, 44506, 44509, 44510, 

22 44514, and 44515. 

23 ‘‘(E) Chapter 447, except sections 44717, 

24 44718(a), 44718(b), 44719, 44720, 44721(b), 

25 44722, and 44723. 


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1 ‘‘(F) Chapter 451. 

2 ‘‘(G) Chapter 453. 

3 ‘‘(H) Section 46104. 

4 ‘‘(I) Subsections (d) and (h)(2) of section 

5 46301 and sections 46303(c), 46304 through 

6 46308, 46310, 46311, and 46313 through 

7 46316. 

8 ‘‘(J) Chapter 465. 

9 ‘‘(K) Sections 47504(b) (related to flight 

10 procedures), 47508(a), and 48107. 

11 ‘‘(2) Additional duties and powers prescribed by 

12 the Secretary of Transportation.’’. 

13 (b) TRANSPORTATION SECURITY OVERSIGHT

14 BOARD.—Section 115 is amended— 

15 (1) in subsection (c)(1), by striking ‘‘Under 

16 Secretary of Transportation for security’’ and insert17 ing ‘‘Administrator of the Transportation Security 

18 Administration’’; and 

19 (2) in subsection (c)(6), by striking ‘‘Under 

20 Secretary’’ and inserting ‘‘Administrator’’. 

21 (c) CHAPTER 401 AMENDMENTS.—Chapter 401 is 

22 amended— 

23 (1) in section 40109— 

24 (A) in subsection (b), by striking ‘‘, 40119, 

25 44901, 44903, 44906, and 44935–44937’’; and 


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1 (B) in subsection (c), by striking ‘‘sections 

2 44909 and’’ and inserting ‘‘sections 44909(a), 

3 44909(b), and’’; 

4 (2) in section 40113— 

5 (A) in subsection (a)— 

6 (i) by striking ‘‘the Under Secretary 

7 of Transportation for Security with respect 

8 to security duties and powers designated to 

9 be carried out by the Under Secretary or’’; 

10 and 

11 (ii) by striking ‘‘, Under Secretary,’’; 

12 and 

13 (B) in subsection (d)— 

14 (i) by striking ‘‘Under Secretary of 

15 Transportation for Security or the’’; 

16 (ii) by striking ‘‘Transportation Secu17 rity Administration or Federal Aviation 

18 Administration, as the case may be,’’ and 

19 inserting ‘‘Federal Aviation Administra20 tion’’; and 

21 (iii) by striking ‘‘Under Secretary or 

22 Administrator, as the case may be,’’ and 

23 inserting ‘‘Administrator’’; 

24 (3) by striking section 40119; and 


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1 (4) in the table of contents, by striking the item 

2 relating to section 40119 and inserting the fol3 lowing: 

‘‘40119. [Reserved].’’. 

4 (d) CHAPTER 449 AMENDMENTS.—Chapter 449 is 

5 amended— 

6 (1) in section 44901— 

7 (A) in subsection (a)— 

8 (i) by striking ‘‘Under Secretary of 

9 Transportation for Security’’ and inserting 

10 ‘‘Administrator of the Transportation Se11 curity Administration’’; 

12 (ii) by striking ‘‘, United States 

13 Code’’; and 

14 (iii) by striking ‘‘section 44919 or 

15 44920’’ and inserting ‘‘section 44920’’; 

16 (B) in subsection (c), by striking ‘‘but not 

17 later than the 60th day following the date of 

18 enactment of the Aviation and Transportation 

19 Security Act’’; 

20 (C) in subsection (d)— 

21 (i) in paragraph (1)— 

22 (I) in the matter preceding sub23 paragraph (A), by striking ‘‘Under 

24 Secretary of Transportation for Secu25 rity’’ and inserting ‘‘Administrator of 


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1 the Transportation Security Adminis2 tration’’; and 

3 (II) in subparagraph (A), by 

4 striking ‘‘no later than December 31, 

5 2002’’; 

6 (ii) by striking paragraphs (2) and 

7 (3); 

8 (iii) by redesignating paragraph (4) as 

9 paragraph (2); and 

10 (iv) in paragraph (2), as redesig11 nated— 

12 (I) in subparagraph (A), by strik13 ing ‘‘Assistant Secretary (Transpor14 tation Security Administration)’’ and 

15 inserting ‘‘Administrator of the 

16 Transportation Security Administra17 tion’’; 

18 (II) in subparagraph (B), by 

19 striking ‘‘Assistant Secretary’’ and in20 serting ‘‘Administrator of the Trans21 portation Security Administration’’; 

22 and 

23 (III) in subparagraph (D)— 

24 (aa) by striking ‘‘Assistant 

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1 pears and inserting ‘‘Adminis2 trator of the Transportation Se3 curity Administration’’; and 

4 (bb) by striking ‘‘Assistant 

5 Secretary’’ the second place it 

6 appears and inserting ‘‘Adminis7 trator’’; 

8 (D) in subsection (e)— 

9 (i) in that matter preceding para10 graph (1)— 

11 (I) by striking ‘‘but not later 

12 than the 60th day following the date 

13 of enactment of the Aviation and 

14 Transportation Security Act’’; and 

15 (II) by striking ‘‘Under Sec16 retary’’ and inserting ‘‘Administrator 

17 of the Transportation Security Ad18 ministration’’; and 

19 (ii) in paragraph (4), by striking 

20 ‘‘Under Secretary’’ and inserting ‘‘Admin21 istrator’’; 

22 (E) in subsection (f), by striking ‘‘after the 

23 date of enactment of the Aviation and Trans24 portation Security Act’’; 

25 (F) in subsection (g)— 


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1 (i) in paragraph (1), by striking ‘‘Not 

2 later than 3 years after the date of enact3 ment of the Implementing Recommenda4 tions of the 9/11 Commission Act of 2007, 

5 the’’ and inserting ‘‘The’’; 

6 (ii) in paragraph (2), by striking ‘‘as 

7 follows:’’ and all that follows and inserting 

8 a period; 

9 (iii) by amending paragraph (3) to 

10 read as follows: 

11 ‘‘(3) REGULATIONS.—The Secretary of Home12 land Security shall issue a final rule as a permanent 

13 regulation to implement this subsection in accord14 ance with the provisions of chapter 5 of title 5.’’; 

15 (iv) by striking paragraph (4); and 

16 (v) by redesignating paragraph (5) as 

17 paragraph (4); 

18 (G) in subsection (h)— 

19 (i) in paragraph (1), by striking 

20 ‘‘Under Secretary’’ and inserting ‘‘Admin21 istrator of the Transportation Security Ad22 ministration’’; and 

23 (ii) in paragraph (2)— 

24 (I) by striking ‘‘Under Sec25 retary’’ the first place it appears and 


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1 inserting ‘‘Administrator of the 

2 Transportation Security Administra3 tion’’; and 

4 (II) by striking ‘‘Under Sec5 retary’’ each place it appears and in6 serting ‘‘Administrator’’; 

7 (H) in subsection (i)— 

8 (i) in the matter preceding paragraph 

9 (1), by striking ‘‘Under Secretary’’ and in10 serting ‘‘Administrator of the Transpor11 tation Security Administration’’; and 

12 (ii) in paragraph (2), by striking 

13 ‘‘Under Secretary’’ and inserting ‘‘Admin14 istrator’’; 

15 (I) in subsection (j)(1)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘Before January 1, 

18 2008, the’’ and inserting ‘‘The’’; and 

19 (ii) in subparagraph (A), by striking 

20 ‘‘the date of enactment of this subsection’’ 

21 and inserting ‘‘August 3, 2007’’; 

22 (J) in subsection (k)— 

23 (i) in paragraph (1), by striking ‘‘Not 

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1 ment of this subsection, the’’ and inserting 

2 ‘‘The’’; 

3 (ii) in paragraph (2), by striking ‘‘Not 

4 later than 6 months after the date of en5 actment of this subsection, the’’ and in6 serting ‘‘The’’; and 

7 (iii) in paragraph (3), by striking 

8 ‘‘Not later than 180 days after the date of 

9 enactment of this subsection, the’’ in para10 graph (3) and inserting ‘‘The’’; and 

11 (K) in subsection (l)— 

12 (i) in paragraph (2)— 

13 (I) in the matter preceding sub14 paragraph (A), by striking ‘‘Begin15 ning June 1, 2012, the Assistant Sec16 retary of Homeland Security (Trans17 portation Security Administration)’’ 

18 and inserting ‘‘The Administrator of 

19 the Transportation Security Adminis20 tration’’; and 

21 (II) in subparagraph (B), by 

22 striking ‘‘Assistant Secretary’’ and in23 serting ‘‘Administrator’’; 

24 (ii) in paragraph (3)— 

25 (I) in subparagraph (A)— 


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1 (aa) by striking ‘‘Assistant 

2 Secretary’’ the first place it ap3 pears and inserting ‘‘Adminis4 trator of the Transportation Se5 curity Administration’’; and 

6 (bb) by striking ‘‘Assistant 

7 Secretary’’ the second place it 

8 appears and inserting ‘‘Adminis9 trator’’; and 

10 (II) in subparagraph (B), by 

11 striking ‘‘Assistant Secretary’’ and in12 serting ‘‘Administrator of the Trans13 portation Security Administration’’; 

14 and 

15 (iii) in paragraph (4)— 

16 (I) in subparagraph (A)— 

17 (aa) by striking ‘‘60 days 

18 after the deadline specified in 

19 paragraph (2), and not later 

20 than’’; 

21 (bb) by striking ‘‘Assistant 

22 Secretary’’ the first place it ap23 pears and inserting ‘‘Adminis24 trator of the Transportation Se25 curity Administration’’; and 


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1 (cc) by striking ‘‘Assistant 

2 Secretary’’ the second place it 

3 appears and inserting ‘‘Adminis4 trator’’; and 

5 (II) in subparagraph (B), by 

6 striking ‘‘Assistant Secretary’’ each 

7 place it appears and inserting ‘‘Ad8 ministrator of the Transportation Se9 curity Administration’’; 

10 (2) section 44902 is amended— 

11 (A) in subsection (a), by striking ‘‘Under 

12 Secretary of Transportation for Security’’ and 

13 inserting ‘‘Administrator of the Transportation 

14 Security Administration’’; and 

15 (B) in subsection (b), by striking ‘‘Under 

16 Secretary’’ and inserting ‘‘Administrator of the 

17 Transportation Security Administration’’; 

18 (3) section 44903 is amended— 

19 (A) in subsection (a)— 

20 (i) in the heading, by striking ‘‘DEFI21 NITION’’ and inserting ‘‘DEFINITIONS’’; 

22 (ii) by redesignating paragraphs (1) 

23 through (3) as subparagraphs (A) through 

24 (C), respectively; 


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1 (iii) in subparagraph (B), as redesig2 nated, by striking ‘‘Under Secretary of 

3 Transportation for Security’’ and inserting 

4 ‘‘Administrator’’; 

5 (iv) in the matter preceding subpara6 graph (A), as redesignated, by striking ‘‘In 

7 this section, ‘law enforcement personnel’ 

8 means individuals—’’ and inserting ‘‘In 

9 this section:’’; 

10 (v) by inserting before subparagraph 

11 (A), the following: 

12 ‘‘(2) LAW ENFORCEMENT PERSONNEL.—The 

13 term ‘law enforcement personnel’ means individ14 uals—’’; and 

15 (vi) by inserting before paragraph (2), 

16 as redesignated, the following: 

17 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis18 trator’ means the Administrator of the Transpor19 tation Security Administration.’’; 

20 (B) by striking ‘‘Under Secretary’’ each 

21 place it appears and inserting ‘‘Administrator’’; 

22 (C) in subsection (d), by striking ‘‘Sec23 retary of Transportation’’ and inserting ‘‘Ad24 ministrator’’; 

25 (D) in subsection (h)— 


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1 (i) in paragraph (3), by striking ‘‘Sec2 retary’’ and inserting ‘‘Secretary of Home3 land Security’’; 

4 (ii) in paragraph (4)— 

5 (I) in subparagraph (A), by strik6 ing ‘‘, as soon as practicable after the 

7 date of enactment of this subsection,’’; 

8 (II) in subparagraph (C), by 

9 striking ‘‘section 44903(c)’’ and in10 serting ‘‘subsection (c)’’; and 

11 (III) in subparagraph (E), by 

12 striking ‘‘, not later than March 31, 

13 2005,’’; 

14 (iii) in paragraph (5), by striking 

15 ‘‘Assistant Secretary of Homeland Security 

16 (Transportation Security Administration)’’ 

17 and inserting ‘‘Administrator’’; 

18 (iv) in paragraph (6)(A)— 

19 (I) in the matter preceding clause 

20 (i), by striking ‘‘Not later than 18 

21 months after the date of enactment of 

22 the Implementing Recommendations 

23 of the 9/11 Commission Act of 2007, 

24 the’’ and inserting ‘‘The’’; and 


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1 (II) in clause (i), by striking 

2 ‘‘section’’ and inserting ‘‘paragraph’’; 

3 and 

4 (v) in paragraph (6)(C), by striking 

5 ‘‘Secretary’’ and inserting ‘‘Secretary of 

6 Homeland Security’’; 

7 (E) in subsection (i)(3), by striking ‘‘, 

8 after the date of enactment of this paragraph,’’; 

9 (F) in subsection (j)— 

10 (i) by amending paragraph (1) to read 

11 as follows: 

12 ‘‘(1) IN GENERAL.—The Administrator shall 

13 periodically recommend to airport operators commer14 cially available measures or procedures to prevent 

15 access to secure airport areas by unauthorized per16 sons.’’; 

17 (ii) in paragraph (2)— 

18 (I) in the heading, by striking 

19 ‘‘COMPUTER-ASSISTED PASSENGER

20 PRESCREENING SYSTEM’’ and insert21 ing ‘‘SECURE FLIGHT PROGRAM’’; 

22 (II) in subparagraph (A)— 

23 (aa) by striking ‘‘Computer24 Assisted Passenger Prescreening 


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1 System’’ and inserting ‘‘Secure 

2 Flight program’’; and 

3 (bb) by striking ‘‘system’’ 

4 each place it appears and insert5 ing ‘‘program’’; 

6 (III) in subparagraph (B), by 

7 striking ‘‘Computer-Assisted Pas8 senger Prescreening System’’ and in9 serting ‘‘Secure Flight program’’; 

10 (IV) in subparagraph (C)— 

11 (aa) in clause (i), by striking 

12 ‘‘Not later than January 1, 2005, 

13 the Assistant Secretary of Home14 land Security (Transportation 

15 Security Administration), or the 

16 designee of the Assistant Sec17 retary,’’ and inserting ‘‘The Ad18 ministrator’’; 

19 (bb) in clause (ii), by strik20 ing ‘‘Not later than 180 days 

21 after completion of testing under 

22 clause (i), the’’ and inserting 

23 ‘‘The’’; and 


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1 (cc) in clause (iv), by strik2 ing ‘‘Not later than 180 days 

3 after’’ and inserting ‘‘After’’; 

4 (V) in subparagraph (D), by 

5 striking ‘‘Assistant Secretary of 

6 Homeland Security (Transportation 

7 Security Administration)’’ and insert8 ing ‘‘Administrator’’; 

9 (VI) in subparagraph (E)(i), by 

10 striking ‘‘Not later than 90 days after 

11 the date on which the Assistant Sec12 retary assumes the performance of the 

13 advanced passenger prescreening 

14 function under subparagraph (C)(ii), 

15 the’’ and inserting ‘‘The Adminis16 trator’’; 

17 (VII) by striking ‘‘Assistant Sec18 retary’’ each place it appears and in19 serting ‘‘Administrator’’; and 

20 (VIII) by striking ‘‘Secretary of 

21 Transportation’’ each place it appears 

22 and inserting ‘‘Administrator’’; and 

23 (G) in subsection (m)— 

24 (i) in paragraph (1), by striking ‘‘As25 sistant Secretary of Homeland Security 


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1 (Transportation Security Administration)’’ 

2 and inserting ‘‘Administrator’’; and 

3 (ii) by striking ‘‘Assistant Secretary’’ 

4 each place it appears and inserting ‘‘Ad5 ministrator’’; 

6 (4) section 44904 is amended— 

7 (A) in subsection (a), by striking ‘‘Under 

8 Secretary of Transportation for Security’’ and 

9 inserting ‘‘Administrator of the Transportation 

10 Security Administration’’; 

11 (B) in subsection (c)— 

12 (i) by striking ‘‘section 114(t)(3)’’ and 

13 inserting ‘‘section 114(s)(3)’’; and 

14 (ii) by striking ‘‘section 114(t)’’ and 

15 inserting ‘‘section 114(s)’’; 

16 (C) in subsection (d)— 

17 (i) by striking ‘‘Not later than 90 

18 days after the date of the submission of 

19 the National Strategy for Transportation 

20 Security under section 114(t)(4)(A), the 

21 Assistant Secretary of Homeland Security 

22 (Transportation Security Administration)’’ 

23 and inserting ‘‘The Administrator of the 

24 Transportation Security Administration’’; 

25 and 


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1 (ii) by striking ‘‘section 114(t)(1)’’ 

2 and inserting ‘‘section 114(s)(1)’’; and 

3 (D) by striking ‘‘Under Secretary’’ each 

4 place it appears and inserting ‘‘Administrator 

5 of the Transportation Security Administration’’; 

6 (5) section 44905 is amended— 

7 (A) in subsection (a)— 

8 (i) by striking ‘‘Secretary of Trans9 portation’’ and inserting ‘‘Administrator of 

10 the Transportation Security Administra11 tion’’; and 

12 (ii) by striking ‘‘Secretary.’’ and in13 serting ‘‘Administrator.’’; 

14 (B) in subsection (b), by striking ‘‘Under 

15 Secretary of Transportation for Security’’ and 

16 inserting ‘‘Administrator of the Transportation 

17 Security Administration’’; and 

18 (C) in subsections (c), (d), and (f), by 

19 striking ‘‘Under Secretary’’ each place it ap20 pears and inserting ‘‘Administrator of the 

21 Transportation Security Administration’’; 

22 (6) section 44906 is amended— 

23 (A) by striking ‘‘Under Secretary of 

24 Transportation for Security’’ and inserting 


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1 ‘‘Administrator of the Transportation Security 

2 Administration’’; and 

3 (B) by striking ‘‘Under Secretary’’ each 

4 place it appears and inserting ‘‘Administrator’’; 

5 (7) section 44908 is amended— 

6 (A) by striking ‘‘Secretary of Transpor7 tation’’ each place it appears and inserting 

8 ‘‘Administrator of the Transportation Security 

9 Administration’’; 

10 (B) in subsection (a), by striking ‘‘safety 

11 or’’; and 

12 (C) in subsection (c), by striking ‘‘The 

13 Secretary’’ and inserting ‘‘The Administrator’’; 

14 (8) section 44909 is amended— 

15 (A) in subsection (a)(1), by striking ‘‘Not 

16 later than March 16, 1991, the’’ and inserting 

17 ‘‘The’’; and 

18 (B) in subsection (c)— 

19 (i) in paragraph (1), by striking ‘‘Not 

20 later than 60 days after the date of enact21 ment of the Aviation and Transportation 

22 Security Act, each’’ and inserting ‘‘Each’’; 

23 (ii) in paragraphs (2)(F) and (5), by 

24 striking ‘‘Under Secretary’’ and inserting 


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1 ‘‘Administrator of the Transportation Se2 curity Administration’’; and 

3 (iii) in paragraph (6)— 

4 (I) in subparagraph (A), by strik5 ing ‘‘Not later than 60 days after date 

6 of enactment of this paragraph, the’’ 

7 and inserting ‘‘The’’; and 

8 (II) in subparagraph (B)(ii)— 

9 (aa) by striking ‘‘the Sec10 retary will’’ and inserting ‘‘the 

11 Secretary of Homeland Security 

12 will’’; and 

13 (bb) by striking ‘‘the Sec14 retary to’’ and inserting ‘‘the 

15 Secretary of Homeland Security 

16 to’’; 

17 (9) section 44911 is amended— 

18 (A) in subsection (b), by striking ‘‘Under 

19 Secretary of Transportation for Security’’ and 

20 inserting ‘‘Administrator of the Transportation 

21 Security Administration’’; 

22 (B) in subsection (d), by striking ‘‘request 

23 of the Secretary’’ and inserting ‘‘request of the 

24 Secretary of Homeland Security’’; and 

25 (C) in subsection (e)— 


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1 (i) by striking ‘‘Secretary, and the 

2 Under Secretary’’ and inserting ‘‘Secretary 

3 of Homeland Security, and the Adminis4 trator of the Transportation Security Ad5 ministration’’; and 

6 (ii) by striking ‘‘intelligence commu7 nity and the Under Secretary’’ and insert8 ing ‘‘intelligence community and the Ad9 ministrator of the Transportation Security 

10 Administration’’; 

11 (10) section 44912 is amended— 

12 (A) in subsection (a)— 

13 (i) in paragraph (1)— 

14 (I) by striking ‘‘Under Secretary 

15 of Transportation for Security’’ and 

16 inserting ‘‘Administrator’’; and 

17 (II) by striking ‘‘, not later than 

18 November 16, 1993,’’; and 

19 (ii) in paragraph (4)(C), by striking 

20 ‘‘Research, Engineering and Development 

21 Advisory Committee’’ and inserting ‘‘Ad22 ministrator’’; 

23 (B) in subsection (c)— 

24 (i) in paragraph (1), by striking ‘‘, as 

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1 ing, and Development Advisory Com2 mittee,’’; and 

3 (ii) in paragraph (4), by striking ‘‘Not 

4 later than 90 days after the date of the en5 actment of the Aviation and Transpor6 tation Security Act, and every two years 

7 thereafter,’’ and inserting ‘‘Biennially,’’; 

8 (C) by striking ‘‘Under Secretary’’ each 

9 place it appears and inserting ‘‘Administrator’’; 

10 and 

11 (D) by adding at the end the following: 

12 ‘‘(d) SECURITY AND RESEARCH AND DEVELOPMENT

13 ACTIVITIES.— 

14 ‘‘(1) IN GENERAL.—The Administrator of the 

15 Transportation Security Administration shall con16 duct research (including behavioral research) and 

17 development activities appropriate to develop, mod18 ify, test, and evaluate a system, procedure, facility, 

19 or device to protect passengers and property against 

20 acts of criminal violence, aircraft piracy, and ter21 rorism and to ensure security. 

22 ‘‘(2) DISCLOSURE.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding sec24 tion 552 of title 5, the Administrator of the 

25 Transportation Security Administration shall 


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1 prescribe regulations prohibiting disclosure of 

2 information obtained or developed in ensuring 

3 security under this title if the Secretary of 

4 Homeland Security decides disclosing the infor5 mation would— 

6 ‘‘(i) be an unwarranted invasion of 

7 personal privacy; 

8 ‘‘(ii) reveal a trade secret or privileged 

9 or confidential commercial or financial in10 formation; or 

11 ‘‘(iii) be detrimental to transportation 

12 safety. 

13 ‘‘(B) INFORMATION TO CONGRESS.—Sub14 paragraph (A) does not authorize information 

15 to be withheld from a committee of Congress 

16 authorized to have the information. 

17 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

18 in subparagraph (A) shall be construed to au19 thorize the designation of information as sen20 sitive security information (as defined in section 

21 15.5 of title 49, Code of Federal Regulations)— 

22 ‘‘(i) to conceal a violation of law, inef23 ficiency, or administrative error; 

24 ‘‘(ii) to prevent embarrassment to a 

25 person, organization, or agency; 


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1 ‘‘(iii) to restrain competition; or 

2 ‘‘(iv) to prevent or delay the release of 

3 information that does not require protec4 tion in the interest of transportation secu5 rity, including basic scientific research in6 formation not clearly related to transpor7 tation security. 

8 ‘‘(D) PRIVACY ACT.—Section 552a of title 

9 5 shall not apply to disclosures that the Admin10 istrator of the Transportation Security Admin11 istration may make from the systems of records 

12 of the Transportation Security Administration 

13 to any Federal law enforcement, intelligence, 

14 protective service, immigration, or national se15 curity official in order to assist the official re16 ceiving the information in the performance of 

17 official duties. 

18 ‘‘(3) TRANSFERS OF DUTIES AND POWERS PRO19 HIBITED.—Except as otherwise provided by law, the 

20 Administrator may not transfer a duty or power 

21 under this section to another department, agency, or 

22 instrumentality of the United States Government. 

23 ‘‘(e) DEFINITION OF ADMINISTRATOR.—In this sec24 tion, the term ‘Administrator’ means the Administrator of 

25 the Transportation Security Administration.’’; 


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1 (11) section 44913 is amended— 

2 (A) in subsection (a)— 

3 (i) in paragraph (1), by striking 

4 ‘‘Under Secretary of Transportation for 

5 Security’’ and inserting ‘‘Administrator of 

6 the Transportation Security Administra7 tion (referred to in this section as ‘the Ad8 ministrator’)’’; 

9 (ii) by striking paragraph (2); 

10 (iii) by redesignating paragraphs (3) 

11 and (4) as paragraphs (2) and (3), respec12 tively; and 

13 (iv) by striking ‘‘Under Secretary’’ 

14 each place it appears and inserting ‘‘Ad15 ministrator’’; and 

16 (B) in subsection (b), by striking ‘‘Sec17 retary of Transportation’’ and inserting ‘‘Ad18 ministrator’’; 

19 (12) section 44914 is amended— 

20 (A) by striking ‘‘Under Secretary of 

21 Transportation for Security’’ and inserting 

22 ‘‘Administrator of the Transportation Security 

23 Administration’’; 


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1 (B) by striking ‘‘Under Secretary’’ each 

2 place it appears and inserting ‘‘Administrator’’; 

3 and 

4 (C) by inserting ‘‘the Department of 

5 Transportation,’’ before ‘‘air carriers, airport 

6 authorities, and others’’; 

7 (13) section 44915 is amended by striking 

8 ‘‘Under Secretary of Transportation for Security’’ 

9 and inserting ‘‘Administrator of the Transportation 

10 Security Administration’’; 

11 (14) section 44916 is amended— 

12 (A) in subsection (a), by striking ‘‘Under 

13 Secretary of Transportation for Security’’ and 

14 inserting ‘‘Administrator of the Transportation 

15 Security Administration’’; and 

16 (B) in subsection (b)— 

17 (i) by striking ‘‘Under Secretary’’ the 

18 first place it appears and inserting ‘‘Ad19 ministrator of the Transportation Security 

20 Administration’’; and 

21 (ii) by striking ‘‘Under Secretary’’ the 

22 second place it appears and inserting ‘‘Ad23 ministrator’’; 

24 (15) section 44917 is amended— 

25 (A) in subsection (a)— 


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1 (i) in the matter preceding paragraph 

2 (1), by striking ‘‘Under Secretary of 

3 Transportation for Security’’ and inserting 

4 ‘‘Administrator of the Transportation Se5 curity Administration’’; and 

6 (ii) in paragraph (2), by striking ‘‘by 

7 the Secretary’’; 

8 (B) in subsection (d)— 

9 (i) in paragraph (1), by striking ‘‘As10 sistant Secretary for Immigration and Cus11 toms Enforcement of the Department of 

12 Homeland Security’’ and inserting ‘‘Ad13 ministrator of the Transportation Security 

14 Administration’’; and 

15 (ii) in paragraph (3), by striking ‘‘As16 sistant Secretary’’ each place it appears 

17 and inserting ‘‘Administrator of the Trans18 portation Security Administration’’; 

19 (16) section 44918 is amended— 

20 (A) in subsection (a)— 

21 (i) in paragraph (2)(E), by striking 

22 ‘‘Under Secretary for Border and Trans23 portation Security of the Department of 

24 Homeland Security’’ and inserting ‘‘AdVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6401 E:\BILLS\S1872.RS S1872

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1 ministrator of the Transportation Security 

2 Administration’’; 

3 (ii) in paragraph (4), by striking ‘‘Not 

4 later than one year after the date of enact5 ment of the Vision 100—Century of Avia6 tion Reauthorization Act, the’’ and insert7 ing ‘‘The’’; and 

8 (iii) in paragraph (5), by striking ‘‘the 

9 date of enactment of the Vision 100—Cen10 tury of Aviation Reauthorization Act’’ and 

11 inserting ‘‘December 12, 2003’’; 

12 (B) in subsection (b)— 

13 (i) in paragraph (1), by striking ‘‘Not 

14 later than one year after the date of enact15 ment of the Vision 100—Century of Avia16 tion Reauthorization Act, the’’ and insert17 ing ‘‘The’’; and 

18 (ii) in paragraph (6), by striking 

19 ‘‘Federal Air Marshals Service’’ and insert20 ing ‘‘Federal Air Marshal Service’’; and 

21 (C) by striking ‘‘Under Secretary’’ each 

22 place it appears and inserting ‘‘Administrator 

23 of the Transportation Security Administration’’; 

24 (17) section 44920 is amended— 


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1 (A) in subsection (a), by striking ‘‘On or 

2 after the last day of the 2-year period beginning 

3 on the date on which the Under Secretary 

4 transmits to Congress the certification required 

5 by section 110(c) of the Aviation and Transpor6 tation Security Act, an’’ and inserting ‘‘An’’; 

7 (B) in subsection (g)(1), by striking ‘‘sub8 section (a) or section 44919’’ and inserting 

9 ‘‘subsection (a)’’; 

10 (C) by striking ‘‘Under Secretary’’ each 

11 place it appears and inserting ‘‘Administrator’’; 

12 and 

13 (D) by adding at the end the following: 

14 ‘‘(i) DEFINITION OF ADMINISTRATOR.—In this sec15 tion, the term ‘Administrator’ means the Administrator of 

16 the Transportation Security Administration.’’; 

17 (18) section 44922 is amended— 

18 (A) in the heading, by striking ‘‘Deputa19 tion’’ and inserting ‘‘Deputization’’; 

20 (B) in subsection (a)— 

21 (i) in the heading, by striking ‘‘DEPU22 TATION’’ and inserting ‘‘DEPUTIZATION’’; 

23 and 

24 (ii) by striking ‘‘Under Secretary of 

25 Transportation for Security’’ and inserting 


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1 ‘‘Administrator of the Transportation Se2 curity Administration’’; 

3 (C) in subsection (e), by striking ‘‘deputa4 tion’’ and inserting ‘‘deputization’’; and 

5 (D) by striking ‘‘Under Secretary’’ each 

6 place it appears and inserting ‘‘Administrator 

7 of the Transportation Security Administration’’; 

8 (19) section 44923 is amended— 

9 (A) in subsection (a), by striking ‘‘Under 

10 Secretary for Border and Transportation Secu11 rity of the Department of Homeland Security’’ 

12 and inserting ‘‘Administrator of the Transpor13 tation Security Administration’’; 

14 (B) by striking ‘‘Under Secretary’’ each 

15 place it appears and inserting ‘‘Administrator 

16 of the Transportation Security Administration’’; 

17 (C) in subsection (e)— 

18 (i) by striking paragraph (2); and 

19 (ii) by striking ‘‘(1) IN GENERAL.—’’; 

20 and 

21 (D) by striking subsection (j); 

22 (20) section 44924 is amended— 

23 (A) in subsection (a)— 

24 (i) by striking ‘‘Under Secretary for 

25 Border and Transportation Security of the 


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1 Department of Homeland Security’’ and 

2 inserting ‘‘Administrator of the Transpor3 tation Security Administration’’; and 

4 (ii) by striking ‘‘Administrator under’’ 

5 and inserting ‘‘Administrator of the Fed6 eral Aviation Administration under’’; 

7 (B) in subsections (b), (c), (d), (e), and 

8 (f), by striking ‘‘Administrator’’ and inserting 

9 ‘‘Administrator of the Federal Aviation Admin10 istration’’; 

11 (C) in subsection (f), by striking ‘‘Not 

12 later than 240 days after the date of enactment 

13 of this section, the’’ and inserting ‘‘The’’; and 

14 (D) by striking ‘‘Under Secretary’’ each 

15 place it appears and inserting ‘‘Administrator 

16 of the Transportation Security Administration’’; 

17 (21) section 44925 is amended— 

18 (A) in subsection (b)(1), by striking ‘‘Not 

19 later than 90 days after the date of enactment 

20 of this section, the Assistant Secretary of 

21 Homeland Security (Transportation Security 

22 Administration)’’ and inserting ‘‘The Adminis23 trator of the Transportation Security Adminis24 tration’’; 


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1 (B) in subsection (b), by striking para2 graph (3); and 

3 (C) in subsection (d), by striking ‘‘Assist4 ant Secretary’’ each place it appears and insert5 ing ‘‘Administrator of the Transportation Secu6 rity Administration’’; 

7 (22) section 44926(b)(3) is amended by strik8 ing ‘‘an misidentified passenger’’ and inserting ‘‘a 

9 misidentified passenger’’; 

10 (23) section 44927 is amended— 

11 (A) by striking ‘‘Assistant Secretary’’ each 

12 place it appears and inserting ‘‘Administrator 

13 of the Transportation Security Administration’’; 

14 (B) in subsection (a), by striking ‘‘Veteran 

15 Affairs’’ and inserting ‘‘Veterans Affairs’’; and 

16 (C) in subsection (f)— 

17 (i) in the heading, by striking ‘‘RE18 PORT’’ and inserting ‘‘REPORTS’’; and 

19 (ii) by striking ‘‘Not later than 1 year 

20 after the date of enactment of this section, 

21 and annually thereafter,’’ and inserting 

22 ‘‘Each year,’’; 

23 (24) section 44933 is amended— 

24 (A) in subsection (a)— 


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1 (i) by striking ‘‘Under Secretary of 

2 Transportation for Security’’ and inserting 

3 ‘‘Administrator of the Transportation Se4 curity Administration’’; 

5 (ii) by striking ‘‘Federal Security 

6 Manager’’ and inserting ‘‘Federal Security 

7 Director’’; and 

8 (iii) by striking ‘‘Managers’’ each 

9 place it appears and inserting ‘‘Federal Se10 curity Directors’’; 

11 (B) in subsection (b), by striking ‘‘Man12 ager’’ and inserting ‘‘Federal Security Direc13 tor’’; and 

14 (C) by striking ‘‘Under Secretary’’ each 

15 place it appears and inserting ‘‘Administrator 

16 of the Transportation Security Administration’’; 

17 (25) section 44934 is amended— 

18 (A) in subsection (a)— 

19 (i) by striking ‘‘Under Secretary of 

20 Transportation for Security’’ and inserting 

21 ‘‘Administrator of the Transportation Se22 curity Administration’’; 

23 (ii) by striking ‘‘airports. In coordina24 tion with the Secretary’’ and inserting 


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1 ‘‘airports. In coordination with the Sec2 retary of State’’; 

3 (iii) by striking ‘‘The Secretary shall 

4 give high priority’’ and inserting ‘‘The Sec5 retary of State shall give high priority’’; 

6 and 

7 (iv) by striking ‘‘Under Secretary’’ 

8 each place it appears and inserting ‘‘Ad9 ministrator’’; and 

10 (B) in subsection (b)— 

11 (i) in the matter preceding paragraph 

12 (1), by striking ‘‘Under Secretary’’ and in13 serting ‘‘Administrator of the Transpor14 tation Security Administration’’; and 

15 (ii) in paragraph (1), by striking 

16 ‘‘Under Secretary’’ and inserting ‘‘Admin17 istrator’’; and 

18 (C) in subsection (c), by striking ‘‘the Sec19 retary and the chief’’ and inserting ‘‘the Sec20 retary of State and the chief’’; 

21 (26) section 44935 is amended— 

22 (A) in subsection (a), by striking ‘‘Under 

23 Secretary of Transportation for Security’’ and 

24 inserting ‘‘Administrator’’; 

25 (B) in subsection (e)— 


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1 (i) in paragraph (1), by striking 

2 ‘‘Under Secretary of Transportation for 

3 Security’’ and inserting ‘‘Administrator’’; 

4 and 

5 (ii) in paragraph (2)(A)— 

6 (I) in the matter preceding clause 

7 (i)— 

8 (aa) by striking ‘‘Within 30 

9 days after the date of enactment 

10 of the Aviation and Transpor11 tation Security Act, the’’ and in12 serting ‘‘The’’; and 

13 (bb) by inserting ‘‘other’’ be14 fore ‘‘provision of law’’; and 

15 (II) in clause (ii), by striking 

16 ‘‘1102(a)(22)’’ and inserting 

17 ‘‘101(a)(22)’’; 

18 (C) in subsection (f)(1), by inserting 

19 ‘‘other’’ before ‘‘provision of law’’; 

20 (D) in subsection (g)(2), by striking 

21 ‘‘Within 60 days after the date of enactment of 

22 the Aviation and Transportation Security Act, 

23 the’’ and inserting ‘‘The’’; 

24 (E) by striking ‘‘(i) ACCESSIBILITY OF

25 COMPUTER-BASED TRAINING FACILITIES.—’’ 


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1 and inserting ‘‘(k) ACCESSIBILITY OF COM2 PUTER-BASED TRAINING FACILITIES.—’’; 

3 (F) by striking ‘‘Under Secretary’’ each 

4 place it appears and inserting ‘‘Administrator’’; 

5 and 

6 (G) by adding at the end the following: 

7 ‘‘(l) DEFINITION OF ADMINISTRATOR.—In this sec8 tion, the term ‘Administrator’ means the Administrator of 

9 the Transportation Security Administration.’’; 

10 (27) section 44936 is amended— 

11 (A) in subsections (a)— 

12 (i) by striking ‘‘Under Secretary of 

13 Transportation for Security’’ each place it 

14 appears and inserting ‘‘Administrator’’; 

15 (ii) in paragraph (1)— 

16 (I) in subparagraph (A), by strik17 ing ‘‘,,’’ and inserting a comma; and 

18 (II) by striking subparagraph 

19 (C); and 

20 (iii) by redesignating subparagraph 

21 (D) as subparagraph (C); 

22 (B) by striking ‘‘Under Secretary’’ each 

23 place it appears and inserting ‘‘Administrator’’; 

24 and 

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


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1 ‘‘(f) DEFINITION OF ADMINISTRATOR.—In this sec2 tion, the term ‘Administrator’ means the Administrator of 

3 the Transportation Security Administration.’’; 

4 (28) section 44937 is amended by striking 

5 ‘‘Under Secretary of Transportation for Security’’ 

6 and inserting ‘‘Administrator of the Transportation 

7 Security Administration’’; 

8 (29) section 44938 is amended— 

9 (A) in subsection (a)— 

10 (i) by striking ‘‘Under Secretary of 

11 Transportation for Security’’ and inserting 

12 ‘‘Administrator of the Transportation Se13 curity Administration’’; and 

14 (ii) by striking ‘‘Secretary of Trans15 portation’’ and inserting ‘‘Secretary of 

16 Homeland Security’’; and 

17 (B) by striking ‘‘Under Secretary’’ each 

18 place it appears and inserting ‘‘Administrator 

19 of the Transportation Security Administration’’; 

20 (30) section 44939(d) is amended by striking 

21 ‘‘Not later than 60 days after the date of enactment 

22 of this section, the Secretary’’ and inserting ‘‘The 

23 Secretary of Homeland Security’’; 

24 (31) section 44940 is amended— 

25 (A) in subsection (a)— 


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1 (i) in paragraph (1)— 

2 (I) by striking ‘‘Under Secretary 

3 of Transportation for Security’’ and 

4 inserting ‘‘Administrator of the 

5 Transportation Security Administra6 tion’’; and 

7 (II) by striking the last two sen8 tences; and 

9 (ii) by adding at the end the fol10 lowing: 

11 ‘‘(2) DETERMINATION OF COSTS.— 

12 ‘‘(A) IN GENERAL.—The amount of the 

13 costs under paragraph (1) shall be determined 

14 by the Administrator of the Transportation Se15 curity Administration and shall not be subject 

16 to judicial review. 

17 ‘‘(B) DEFINITION OF FEDERAL LAW EN18 FORCEMENT PERSONNEL.—For purposes of 

19 paragraph (1)(A), the term ‘Federal law en20 forcement personnel’ includes State and local 

21 law enforcement officers who are deputized 

22 under section 44922.’’; 

23 (B) in subsections (b), (d), (e), (g), and 

24 (h), by striking ‘‘Under Secretary’’ each place it 


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1 appears and inserting ‘‘Administrator of the 

2 Transportation Security Administration’’; 

3 (C) in subsection (d)— 

4 (i) in paragraph (1)— 

5 (I) by striking ‘‘within 60 days of 

6 the date of enactment of this Act, or’’; 

7 and 

8 (II) by striking ‘‘thereafter’’; and 

9 (ii) in paragraph (2), by striking 

10 ‘‘subsection (d)’’ each place it appears and 

11 inserting ‘‘paragraph (1) of this sub12 section’’; 

13 (D) in subsection (e)(1), by striking ‘‘FEES

14 PAYABLE TO UNDER SECRETARY’’ in the head15 ing and inserting ‘‘FEES PAYABLE TO ADMINIS16 TRATOR’’; and 

17 (E) in subsection (i)(4)— 

18 (i) by striking subparagraphs (A) 

19 through (D); and 

20 (ii) by redesignating subparagraphs 

21 (E) through (L) as subparagraphs (A) 

22 through (H), respectively; 

23 (32) section 44941(a) is amended by inserting 

24 ‘‘the Department of Homeland Security,’’ after ‘‘De25 partment of Transportation,’’; 


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1 (33) section 44942 is amended— 

2 (A) in subsection (a)— 

3 (i) in paragraph (1)— 

4 (I) in the matter preceding sub5 paragraph (A), by striking ‘‘Within 

6 180 days after the date of enactment 

7 of the Aviation and Transportation 

8 Security Act, the Under Secretary for 

9 Transportation Security may, in con10 sultation with’’ and inserting ‘‘The 

11 Administrator of the Transportation 

12 Security Administration may, in con13 sultation with other relevant Federal 

14 agencies and’’; and 

15 (II) in subparagraph (A), by 

16 striking ‘‘, and’’ and inserting ‘‘; 

17 and’’; and 

18 (ii) in paragraph (2), by inserting a 

19 comma after ‘‘Federal Aviation Adminis20 tration’’; 

21 (B) in subsection (b)— 

22 (i) by striking ‘‘(1) PERFORMANCE

23 PLAN AND REPORT.—’’; 


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1 (ii) by redesignating subparagraphs 

2 (A) and (B) as paragraphs (1) and (2), re3 spectively; 

4 (iii) in paragraph (1), as redesig5 nated— 

6 (I) by redesignating clauses (i) 

7 and (ii) as subparagraphs (A) and 

8 (B), respectively; 

9 (II) in subparagraph (A), as re10 designated, by striking ‘‘the Secretary 

11 and the Under Secretary for Trans12 portation Security shall agree’’ and 

13 inserting ‘‘the Secretary of Homeland 

14 Security and the Administrator of the 

15 Transportation Security Administra16 tion shall agree’’; and 

17 (III) in subparagraph (B), as re18 designated, by striking ‘‘the Sec19 retary, the Under Secretary for 

20 Transportation Security’’ and insert21 ing ‘‘the Secretary of Homeland Secu22 rity, the Administrator of the Trans23 portation Security Administration,’’; 

24 and 


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1 (iv) in paragraph (2), as redesignated, 

2 by striking ‘‘Under Secretary for Trans3 portation Security’’ and inserting ‘‘Admin4 istrator of the Transportation Security Ad5 ministration’’; 

6 (34) section 44943 is amended— 

7 (A) in subsection (a), by striking ‘‘Under 

8 Secretary for Transportation Security’’ and in9 serting ‘‘Administrator of the Transportation 

10 Security Administration’’; 

11 (B) in subsection (b)— 

12 (i) in paragraph (1)— 

13 (I) by striking ‘‘Secretary and 

14 Under Secretary of Transportation for 

15 Security’’ and inserting ‘‘Secretary of 

16 Homeland Security and Administrator 

17 of the Transportation Security Ad18 ministration’’; and 

19 (II) by striking ‘‘Under Sec20 retary’’ and inserting ‘‘Administrator 

21 of the Transportation Security Ad22 ministration’’; and 

23 (ii) in paragraph (2)— 

24 (I) by striking ‘‘Under Sec25 retary’’ the first place it appears and 


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1 inserting ‘‘Administrator of the 

2 Transportation Security Administra3 tion’’; and 

4 (II) by striking ‘‘Under Secretary 

5 shall’’ each place it appears and in6 serting ‘‘Administrator shall’’; and 

7 (C) in subsection (c), by striking ‘‘Aviation 

8 Security Act, the Under Secretary for Trans9 portation Security’’ and inserting ‘‘Aviation and 

10 Transportation Security Act (Public Law 107– 

11 71; 115 Stat. 597), the Administrator of the 

12 Transportation Security Administration’’; 

13 (35) section 44944 is amended— 

14 (A) in subsection (a)— 

15 (i) in paragraph (1), by striking 

16 ‘‘Under Secretary of Transportation for 

17 Transportation Security’’ and inserting 

18 ‘‘Administrator of the Transportation Se19 curity Administration’’; and 

20 (ii) in paragraph (4), by inserting 

21 ‘‘the Administrator of the Federal Aviation 

22 Administration,’’ after ‘‘consult with’’; and 

23 (B) by striking ‘‘Under Secretary’’ each 

24 place it appears and inserting ‘‘Administrator 

25 of the Transportation Security Administration’’; 


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1 (36) section 44945(b) is amended by striking 

2 ‘‘Assistant Secretary’’ each place it appears and in3 serting ‘‘Administrator of the Transportation Secu4 rity Administration’’; and 

5 (37) section 44946 is amended— 

6 (A) in subsection (g)— 

7 (i) by striking paragraph (2); 

8 (ii) by redesignating paragraph (1) as 

9 paragraph (2); and 

10 (iii) by inserting before paragraph (2), 

11 as redesignated, the following: 

12 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis13 trator’ means the Administrator of the Transpor14 tation Security Administration.’’; 

15 (B) by striking ‘‘Assistant Secretary’’ each 

16 place it appears and inserting ‘‘Administrator’’; 

17 (C) in subsection (b)(4)— 

18 (i) by striking ‘‘the Secretary re19 ceives’’ and inserting ‘‘the Administrator 

20 receives’’; and 

21 (ii) by striking ‘‘the Secretary shall’’ 

22 and inserting ‘‘the Administrator shall’’; 

23 and 

24 (D) in subsection (c)(1)(A), by striking 

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1 actment of the Aviation Security Stakeholder 

2 Participation Act of 2014, the’’ and inserting 

3 ‘‘The’’. 

4 (e) CHAPTER 451 AMENDMENTS.—Section 45107 is 

5 amended— 

6 (1) in subsection (a), by striking ‘‘Under Sec7 retary of Transportation for Security’’ and inserting 

8 ‘‘Administrator of the Transportation Security Ad9 ministration’’; and 

10 (2) in subsection (b), by striking ‘‘Under Sec11 retary of Transportation for Security, the Transpor12 tation Security Administration,’’ and inserting ‘‘Ad13 ministrator of the Transportation Security Adminis14 tration’’. 

15 (f) CHAPTER 461 AMENDMENTS.—Chapter 461 is 

16 amended— 

17 (1) in each of sections 46101(a)(1), 46102(a), 

18 46103(a), 46104(a), 46105(a), 46106, 46107(b), 

19 and 46110(a) by striking ‘‘Under Secretary of 

20 Transportation for Security with respect to security 

21 duties and powers designated to be carried out by 

22 the Under Secretary’’ and inserting ‘‘Administrator 

23 of the Transportation Security Administration with 

24 respect to security duties and powers designated to 


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1 be carried out by the Administrator of the Transpor2 tation Security Administration’’; 

3 (2) in each of sections 46101, 46102(c), 46103, 

4 46104, 46105, 46107, and 46110 by striking ‘‘or 

5 Administrator’’ each place it appears and inserting 

6 ‘‘or Administrator of the Federal Aviation Adminis7 tration’’; 

8 (3) in each of sections 46101(a)(1), 46102(a) 

9 46103(a), 46104(a), 46105(a), 46106, 46107(b), 

10 and 46110(a) by striking ‘‘by the Administrator)’’ 

11 and inserting ‘‘by the Administrator of the Federal 

12 Aviation Administration)’’; 

13 (4) in each of sections 46101, 46102, 46103, 

14 46104, 46105, 46107, and 46110 by striking 

15 ‘‘Under Secretary,’’ each place it appears and insert16 ing ‘‘Administrator of the Transportation Security 

17 Administration,’’; 

18 (5) in section 46102— 

19 (A) in subsection (b), by striking ‘‘the Ad20 ministrator’’ each place it appears and inserting 

21 ‘‘the Administrator of the Federal Aviation Ad22 ministration’’; 

23 (B) in subsection (c), by striking ‘‘and Ad24 ministrator’’ each place it appears and inserting 


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1 ‘‘and Administrator of the Federal Aviation Ad2 ministration’’; and 

3 (C) in subsection (d), by striking ‘‘the Ad4 ministrator, or an officer or employee of the 

5 Administration’’ in subsection (d) and inserting 

6 ‘‘the Administrator of the Federal Aviation Ad7 ministration, or an officer or employee of the 

8 Federal Aviation Administration’’; 

9 (6) in section 46104— 

10 (A) by striking ‘‘subpena’’ each place it ap11 pears and inserting ‘‘subpoena’’; and 

12 (B) in subsection (b)— 

13 (i) in the heading, by striking ‘‘SUB14 PENAS’’ and inserting ‘‘SUBPOENAS’’; and 

15 (ii) by striking ‘‘the Administrator’’ 

16 and inserting ‘‘the Administrator of the 

17 Federal Aviation Administration’’; 

18 (7) in section 46105(c), by striking ‘‘When the 

19 Administrator’’ and inserting ‘‘When the Adminis20 trator of the Federal Aviation Administration’’; 

21 (8) in section 46109, by inserting ‘‘(or the Ad22 ministrator of the Transportation Security Adminis23 tration with respect to security duties and powers 

24 designated to be carried out by the Administrator of 

25 the Transportation Security Administration or the 


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1 Administrator of the Federal Aviation Administra2 tion with respect to aviation safety duties and pow3 ers designated to be carried out by the Adminis4 trator)’’ after ‘‘Secretary of Transportation’’; and 

5 (9) in section 46111— 

6 (A) in subsection (a)— 

7 (i) by inserting ‘‘the’’ before ‘‘Federal 

8 Aviation Administration’’; 

9 (ii) by striking ‘‘Administrator is’’ 

10 and inserting ‘‘Administrator of the Fed11 eral Aviation Administration is’’; and 

12 (iii) by striking ‘‘Under Secretary for 

13 Border and Transportation Security of the 

14 Department of Homeland Security’’ and 

15 inserting ‘‘Administrator of the Transpor16 tation Security Administration’’; 

17 (B) in subsections (b), (c), (e), and (g), by 

18 striking ‘‘Administrator’’ and inserting ‘‘Admin19 istrator of the Federal Aviation Administra20 tion’’; 

21 (C) in subsection (g)(2)(A), by striking 

22 ‘‘(18 U.S.C. App.)’’ and inserting ‘‘(18 U.S.C. 

23 App.))’’; and 


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1 (D) by striking ‘‘Under Secretary’’ each 

2 place it appears and inserting ‘‘Administrator 

3 of the Transportation Security Administration’’. 

4 (g) CHAPTER 463 AMENDMENTS.—Chapter 463 is 

5 amended— 

6 (1) in section 46301— 

7 (A) in subsection (a)(5)— 

8 (i) in subparagraph (A)(i), by striking 

9 ‘‘or chapter 451’’ and inserting ‘‘chapter 

10 451’’; and 

11 (ii) in subparagraph (D), by inserting 

12 ‘‘of Transportation’’ after ‘‘Secretary’’; 

13 (B) in subsection (d)— 

14 (i) in paragraph (2)— 

15 (I) by striking ‘‘defined by the 

16 Secretary’’ and inserting ‘‘defined by 

17 the Secretary of Transportation’’; and 

18 (II) by striking ‘‘Administrator 

19 shall’’ and inserting ‘‘Administrator of 

20 the Federal Aviation Administration 

21 shall’’; 

22 (ii) in paragraphs (3), (4), (5), (6), 

23 (7), and (8), by striking ‘‘Administrator’’ 

24 and inserting ‘‘Administrator of the Fed25 eral Aviation Administration’’; and 


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1 (iii) in paragraph (8), by striking 

2 ‘‘Under Secretary’’ and inserting ‘‘Admin3 istrator of the Transportation Security Ad4 ministration’’; 

5 (C) in subsection (e), by inserting ‘‘of 

6 Transportation’’ after ‘‘Secretary’’; 

7 (D) in subsection (g), by striking ‘‘Admin8 istrator’’ and inserting ‘‘Administrator of the 

9 Federal Aviation Administration’’; and 

10 (E) in subsection (h)(2)— 

11 (i) by striking ‘‘Under Secretary of 

12 Transportation for Security with respect to 

13 security duties and powers designated to 

14 be carried out by the Under Secretary’’ 

15 and inserting ‘‘Administrator of the Trans16 portation Security Administration with re17 spect to security duties and powers des18 ignated to be carried out by the Adminis19 trator of the Transportation Security Ad20 ministration’’; and 

21 (ii) by striking ‘‘or the Administrator 

22 with respect to aviation safety duties and 

23 powers designated to be carried out by the 

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1 istration with respect to aviation safety du2 ties and powers designated to be carried 

3 out by the Administrator of the Federal 

4 Aviation Administration’’; 

5 (2) in section 46304(b), by striking ‘‘the Ad6 ministrator of the Federal Aviation Administration 

7 with respect to aviation safety duties and powers 

8 designated to be carried out by the Administrator’’ 

9 and inserting ‘‘or the Administrator of the Federal 

10 Aviation Administration with respect to aviation 

11 safety duties and powers designated to be carried 

12 out by the Administrator of the Federal Aviation 

13 Administration’’; 

14 (3) in section 46311— 

15 (A) in subsection (a)— 

16 (i) in the matter preceding paragraph 

17 (1)— 

18 (I) by striking ‘‘Under Secretary 

19 of Transportation for Security with 

20 respect to security duties and powers 

21 designated to be carried out by the 

22 Under Secretary’’ and inserting ‘‘Ad23 ministrator of the Transportation Se24 curity Administration with respect to 

25 security duties and powers designated 


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1 to be carried out by the Administrator 

2 of the Transportation Security Ad3 ministration’’; 

4 (II) by striking ‘‘the Adminis5 trator of the Federal Aviation Admin6 istration with respect to aviation safe7 ty duties and powers designated to be 

8 carried out by the Administrator’’ and 

9 inserting ‘‘or the Administrator of the 

10 Federal Aviation Administration with 

11 respect to aviation safety duties and 

12 powers designated to be carried out by 

13 the Administrator of the Federal 

14 Aviation Administration’’; 

15 (III) by striking ‘‘Administrator 

16 shall’’ and inserting ‘‘Administrator of 

17 the Federal Aviation Administration 

18 shall’’; and 

19 (IV) by striking ‘‘Administrator,’’ 

20 and inserting ‘‘Administrator of the 

21 Federal Aviation Administration,’’; 

22 and 

23 (ii) in paragraph (1), by striking ‘‘Ad24 ministrator’’ and inserting ‘‘Administrator 

25 of the Federal Aviation Administration’’; 


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1 (B) in subsections (b) and (c), by striking 

2 ‘‘Administrator’’ and inserting ‘‘Administrator 

3 of the Federal Aviation Administration’’; and 

4 (C) by striking ‘‘Under Secretary’’ each 

5 place it appears and inserting ‘‘Administrator 

6 of the Transportation Security Administration’’; 

7 (4) in section 46313— 

8 (A) by striking ‘‘Under Secretary of 

9 Transportation for Security with respect to se10 curity duties and powers designated to be car11 ried out by the Under Secretary’’ and inserting 

12 ‘‘Administrator of the Transportation Security 

13 Administration with respect to security duties 

14 and powers designated to be carried out by the 

15 Administrator of the Transportation Security 

16 Administration’’; 

17 (B) by striking ‘‘the Administrator of the 

18 Federal Aviation Administration with respect to 

19 aviation safety duties and powers designated to 

20 be carried out by the Administrator’’ and in21 serting ‘‘or the Administrator of the Federal 

22 Aviation Administration with respect to aviation 

23 safety duties and powers designated to be car24 ried out by the Administrator of the Federal 

25 Aviation Administration’’; and 


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1 (C) by striking ‘‘subpena’’ and inserting 

2 ‘‘subpoena’’; and 

3 (5) in section 46316(a)— 

4 (A) by striking ‘‘Under Secretary of 

5 Transportation for Security with respect to se6 curity duties and powers designated to be car7 ried out by the Under Secretary’’ and inserting 

8 ‘‘Administrator of the Transportation Security 

9 Administration with respect to security duties 

10 and powers designated to be carried out by the 

11 Administrator of the Transportation Security 

12 Administration’’; and 

13 (B) by striking ‘‘the Administrator of the 

14 Federal Aviation Administration with respect to 

15 aviation safety duties and powers designated to 

16 be carried out by the Administrator’’ and in17 serting ‘‘or the Administrator of the Federal 

18 Aviation Administration with respect to aviation 

19 safety duties and powers designated to be car20 ried out by the Administrator of the Federal 

21 Aviation Administration’’. 

22 (h) CHAPTER 465 AMENDMENTS.—Chapter 465 is 

23 amended— 

24 (1) in section 46505(d)(2), by striking ‘‘Under 

25 Secretary of Transportation for Security’’ and inVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6401 E:\BILLS\S1872.RS S1872

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1 serting ‘‘Administrator of the Transportation Secu2 rity Administration’’; and 

3 (2) in the table of contents for chapter 465 of 

4 subtitle VII, by striking the following: 

‘‘46503. Repealed.’’. 

5 (i) CHAPTER 483 REPEAL.— 

6 (1) IN GENERAL.—Chapter 483 is repealed. 

7 (2) CONFORMING AMENDMENT.—The table of 

8 contents for subtitle VII is amended by striking the 

9 following: 

‘‘483. Aviation security funding ............................................................... 48301’’. 

10 (j) AUTHORITY TO EXEMPT.— 

11 (1) IN GENERAL.—Subchapter II of chapter 

12 449 is amended by inserting before section 44933 

13 the following: 

14 ‘‘§ 44931. Authority to exempt 

15 ‘‘The Secretary of Homeland Security may grant an 

16 exemption from a regulation prescribed in carrying out 

17 sections 44901, 44903, 44906, 44909(c), and 44935– 

18 44937 of this title when the Secretary decides the exemp19 tion is in the public interest. 

20 ‘‘§ 44932. Administrative 

21 ‘‘(a) GENERAL AUTHORITY.—The Secretary of 

22 Homeland Security may take action the Secretary con23 siders necessary to carry out this chapter and chapters 

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1 tigations, prescribing regulations, standards, and proce2 dures, and issuing orders. 

3 ‘‘(b) INDEMNIFICATION.—The Secretary of Home4 land Security may indemnify an officer or employee of the 

5 Transportation Security Administration against a claim or 

6 judgment arising out of an act that the Secretary decides 

7 was committed within the scope of the official duties of 

8 the officer or employee.’’. 

9 (2) TABLE OF CONTENTS.—The table of con10 tents of chapter 449 is amended by inserting before 

11 the item relating to section 44933 the following: 

‘‘44931. Authority to exempt. 

‘‘44932. Administrative.’’. 

12 SEC. 302. TABLE OF CONTENTS OF CHAPTER 449. 

13 The table of contents of chapter 449 is amended— 

14 (1) in the item relating to section 44922, by 

15 striking ‘‘Deputation’’ and inserting ‘‘Deputization’’; 

16 and 

17 (2) by inserting after section 44941 the fol18 lowing: 

‘‘44942. Performance goals and objectives. 

‘‘44943. Performance management system.’’. 

19 SEC. 303. OTHER LAWS; INTELLIGENCE REFORM AND TER20 RORISM PREVENTION ACT OF 2004. 

21 Section 4016(c) of the Intelligence Reform and Ter22 rorism Prevention Act of 2004 (49 U.S.C. 44917 note) 

23 is amended— 


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1 (1) in paragraph (1), by striking ‘‘Assistant 

2 Secretary for Immigration and Customs Enforce3 ment’’ and inserting ‘‘Administrator of the Trans4 portation Security Administration’’; and 

5 (2) by striking ‘‘Assistant Secretary for Immi6 gration and Customs Enforcement and the Director 

7 of Federal Air Marshal Service of the Department of 

8 Homeland Security, in coordination with the Assist9 ant Secretary of Homeland Security (Transportation 

10 Security Administration),’’ and inserting ‘‘Adminis11 trator of the Transportation Security Administration 

12 and the Director of Federal Air Marshal Service of 

13 the Department of Homeland Security’’. 

14 SEC. 304. SAVINGS PROVISIONS. 

15 References relating to the Under Secretary of Trans16 portation for Security in statutes, Executive orders, rules, 

17 regulations, directives, or delegations of authority that 

18 precede the effective date of this Act shall be deemed to 

19 refer, as appropriate, to the Administrator of the Trans20 portation Security Administration. 

21 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF22 ERENCES. 

23 (a) SHORT TITLE.—This Act may be cited as the 

24 ‘‘TSA Modernization Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of this 

2 Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Definitions. 

TITLE I—ORGANIZATION AND AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

Sec. 102. Administrator of the Transportation Security Administration; five-year 

term. 

Sec. 103. Transportation Security Administration organization. 

Sec. 104. Transmittals to Congress. 

TITLE II—AVIATION SECURITY 

Subtitle A—Security Technology 

Sec. 201. Third party testing and evaluation of screening technology. 

Sec. 202. Reciprocal recognition of security standards. 

Sec. 203. Transportation Security Laboratory. 

Sec. 204. Innovation Task Force. 

Sec. 205. 5-Year technology investment plan update. 

Sec. 206. Biometrics expansion. 

Sec. 207. Pilot program for automated exit lane technology. 

Sec. 208. Authorization of appropriations; exit lane security. 

Sec. 209. Real-time security checkpoint wait times. 

Sec. 210. GAO report on universal deployment of advanced imaging technologies. 

Sec. 211. Testing and verification performance objectives. 

Sec. 212. Computed tomography pilot program. 

Subtitle B—Public Area Security 

Sec. 221. Third party canines. 

Sec. 222. Tracking and monitoring of canine training and testing. 

Sec. 223. VIPR team statistics. 

Sec. 224. Public area best practices. 

Sec. 225. Law Enforcement Officer Reimbursement Program. 

Subtitle C—Passenger and Cargo Security 

Sec. 231. PreCheck Program. 

Sec. 232. Trusted traveler programs; collaboration. 

Sec. 233. Passenger security fee. 

Sec. 234. Third party canine teams for air cargo security. 

Sec. 235. Known Shipper Program review. 

Sec. 236. Screening partnership program updates. 

Sec. 237. Screening performance assessments. 

Sec. 238. TSA Academy review. 

Sec. 239. Improvements for screening of disabled passengers. 

Subtitle D—Foreign Airport Security 

Sec. 241. Last point of departure airports; security directives. 

Sec. 242. Tracking security screening equipment from last point of departure airports. 


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Sec. 243. International security standards. 

Subtitle E—Cockpit and Cabin Security 

Sec. 251. Federal air marshal service updates. 

Sec. 252. Crew member self-defense training. 

Sec. 253. Flight deck safety and security. 

Sec. 254. Carriage of weapons, explosives, and incendiaries by individuals. 

Sec. 255. Federal flight deck officer program improvements. 

TITLE III—CONFORMING AND MISCELLANEOUS AMENDMENTS 

Sec. 301. Title 49 amendments. 

Sec. 302. Table of contents of chapter 449. 

Sec. 303. Other laws; Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 304. Savings provisions. 

1 (c) REFERENCES TO TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, wherever 

3 in this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a section 

6 or other provision of title 49, United States Code. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the TSA. 

11 (2) APPROPRIATE COMMITTEES OF CONGRESS.— 

12 The term ‘‘appropriate committees of Congress’’ 

13 means— 

14 (A) the Committee on Commerce, Science, 

15 and Transportation of the Senate; 

16 (B) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; and 


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1 (C) the Committee on Homeland Security of 

2 the House of Representatives. 

3 (3) ASAC.—The term ‘‘ASAC’’ means the Avia4 tion Security Advisory Committee established under 

5 section 44946 of title 49, United States Code. 

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

7 the Secretary of Homeland Security. 

8 (5) TSA.—The term ‘‘TSA’’ means the Trans9 portation Security Administration. 

10 TITLE I—ORGANIZATION AND 

11 AUTHORIZATIONS 

12 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 114(w) is amended to read as follows: 

14 ‘‘(w) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Transportation Se16 curity Administration for salaries, operations, and mainte17 nance of the Administration— 

18 ‘‘(1) $7,810,196,000 for fiscal year 2018; 

19 ‘‘(2) $7,849,247,000 for fiscal year 2019; and 

20 ‘‘(3) $7,888,494,000 for fiscal year 2020.’’. 

21 SEC. 102. ADMINISTRATOR OF THE TRANSPORTATION SE22 CURITY ADMINISTRATION; FIVE-YEAR TERM. 

23 (a) IN GENERAL.—Section 114, as amended by section 

24 101, is further amended— 


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1 (1) in subsection (a), by striking ‘‘Department of 

2 Transportation’’ and inserting ‘‘Department of 

3 Homeland Security’’; 

4 (2) by amending subsection (b) to read as fol5 lows: 

6 ‘‘(b) LEADERSHIP.— 

7 ‘‘(1) HEAD OF TRANSPORTATION SECURITY AD8 MINISTRATION.— 

9 ‘‘(A) APPOINTMENT.—The head of the Ad10 ministration shall be the Administrator of the 

11 Transportation Security Administration (re12 ferred to in this section as the ‘Administrator’). 

13 The Administrator shall be appointed by the 

14 President, by and with the advice and consent of 

15 the Senate. 

16 ‘‘(B) QUALIFICATIONS.—The Administrator 

17 must— 

18 ‘‘(i) be a citizen of the United States; 

19 and 

20 ‘‘(ii) have experience in a field directly 

21 related to transportation or security. 

22 ‘‘(C) TERM.—Effective with respect to any 

23 individual appointment by the President, by and 

24 with the advice and consent of the Senate, after 

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1 vidual appointed as the Administrator shall be 5 

2 years. 

3 ‘‘(2) DEPUTY ADMINISTRATOR.— 

4 ‘‘(A) APPOINTMENT.—There is established 

5 in the Transportation Security Administration a 

6 Deputy Administrator, who shall assist the Ad7 ministrator in the management of the Transpor8 tation Security Administration. The Deputy Ad9 ministrator shall be appointed by the President. 

10 The Deputy Administrator shall be Acting Ad11 ministrator during the absence or incapacity of 

12 the Administrator or during a vacancy in the of13 fice of Administrator. 

14 ‘‘(B) QUALIFICATIONS.—The Deputy Ad15 ministrator must— 

16 ‘‘(i) be a citizen of the United States; 

17 and 

18 ‘‘(ii) have experience in a field directly 

19 related to transportation or security.’’; 

20 (3) in subsections (c), (e) through (n), (p), (q), 

21 and (r), by striking ‘‘Under Secretary’’ each place it 

22 appears and inserting ‘‘Administrator’’; and 

23 (4) by amending subsection (d) to read as fol24 lows: 


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1 ‘‘(d) FUNCTIONS.—The Administrator shall be respon2 sible for— 

3 ‘‘(1) carrying out chapter 449, relating to civil 

4 aviation security, and related research and develop5 ment activities; 

6 ‘‘(2) security in land-based transportation, in7 cluding railroad, highway, pipeline, public transpor8 tation, and over-the-road bus; and 

9 ‘‘(3) supporting the Coast Guard with maritime 

10 security.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 Section 114, as amended by subsection (a), is further 

13 amended— 

14 (1) in subsection (g)— 

15 (A) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘Subject to the direc18 tion and control of the Secretary’’ and in19 serting ‘‘Subject to the direction and control 

20 of the Secretary of Homeland Security’’; 

21 and 

22 (ii) in subparagraph (D), by inserting 

23 ‘‘of Homeland Security’’ after ‘‘Secretary’’; 

24 and 


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1 (B) in paragraph (3), by inserting ‘‘of 

2 Homeland Security’’ after ‘‘Secretary’’; 

3 (2) in subsection (j)(1)(D), by inserting ‘‘of 

4 Homeland Security’’ after ‘‘Secretary’’; 

5 (3) in subsection (k), by striking ‘‘functions 

6 transferred, on or after the date of enactment of the 

7 Aviation and Transportation Security Act,’’ and in8 serting ‘‘functions assigned’’; 

9 (4) in subsection (l)(4)(B), by striking ‘‘Admin10 istrator under subparagraph (A)’’ and inserting ‘‘Ad11 ministrator of the Federal Aviation Administration 

12 under subparagraph (A)’’; 

13 (5) in subsection (n), by striking ‘‘Department of 

14 Transportation’’ and inserting ‘‘Department of 

15 Homeland Security’’; 

16 (6) in subsection (o), by striking ‘‘Department of 

17 Transportation’’ and inserting ‘‘Department of 

18 Homeland Security’’; 

19 (7) in subsection (p)(4), by striking ‘‘Secretary 

20 of Transportation’’ and inserting ‘‘Secretary of 

21 Homeland Security’’; 

22 (8) in subsection (s)— 

23 (A) in paragraph (3)(B), by inserting ‘‘)’’ 

24 after ‘‘Act of 2007’’; and 

25 (B) in paragraph (4)— 


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1 (i) in the heading, by striking ‘‘SUB2 MISSIONS OF PLANS TO CONGRESS’’ and in3 serting ‘‘SUBMISSION OF PLANS’’; 

4 (ii) by striking subparagraph (A); 

5 (iii) by redesignating subparagraphs 

6 (B) through (E) as subparagraphs (A) 

7 through (D), respectively; 

8 (iv) in subparagraph (A), as redesig9 nated— 

10 (I) in the heading, by striking 

11 ‘‘SUBSEQUENT VERSIONS’’ and insert12 ing ‘‘IN GENERAL’’; and 

13 (II) by striking ‘‘After December 

14 31, 2015, the’’ and inserting ‘‘The’’; 

15 and 

16 (v) in subparagraph (B)(ii)(III)(cc), as 

17 redesignated, by striking ‘‘for the Depart18 ment’’ and inserting ‘‘for the Department of 

19 Homeland Security’’; 

20 (9) by redesignating subsections (u), (v), and (w) 

21 as subsections (t), (u), and (v), respectively; 

22 (10) in subsection (t), as redesignated— 

23 (A) in paragraph (1)— 

24 (i) by striking subparagraph (D); and 


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1 (ii) by redesignating subparagraph (E) 

2 as subparagraph (D); 

3 (B) in paragraph (2), by inserting ‘‘of 

4 Homeland Security’’ after ‘‘Plan, the Secretary’’; 

5 (C) in paragraph (4)(B)— 

6 (i) by inserting ‘‘of Homeland Secu7 rity’’ after ‘‘agency within the Depart8 ment’’; and 

9 (ii) by inserting ‘‘of Homeland Secu10 rity’’ after ‘‘Secretary’’; 

11 (D) by amending paragraph (6) to read as 

12 follows: 

13 ‘‘(6) ANNUAL REPORT ON PLAN.—The Secretary 

14 of Homeland Security shall annually submit to the 

15 appropriate congressional committees a report con16 taining the Plan.’’; and 

17 (E) in paragraphs (7) and (8), by inserting 

18 ‘‘of Homeland Security’’ after ‘‘Secretary’’; and 

19 (11) in subsection (u), as redesignated— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (B), by inserting 

22 ‘‘or the Administrator’’ after ‘‘Secretary of 

23 Homeland Security’’; and 


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1 (ii) in subparagraph (C)(ii), by strik2 ing ‘‘Secretary’s designee’’ and inserting 

3 ‘‘Secretary of Defense’s designee’’; 

4 (B) in subparagraphs (B), (C), (D), and 

5 (E) of paragraph (3), by inserting ‘‘of Homeland 

6 Security’’ after ‘‘Secretary’’ each place it ap7 pears; 

8 (C) in paragraph (4)(A), by inserting ‘‘of 

9 Homeland Security’’ after ‘‘Secretary’’; 

10 (D) in paragraph (5), by inserting ‘‘of 

11 Homeland Security’’ after ‘‘Secretary’’; and 

12 (E) in paragraph (7)— 

13 (i) in subparagraph (A), by striking 

14 ‘‘Not later than December 31, 2008, and an15 nually thereafter, the Secretary’’ and insert16 ing ‘‘The Secretary of Homeland Security’’; 

17 and 

18 (ii) by striking subparagraph (D). 

19 (c) EXECUTIVE SCHEDULE.— 

20 (1) ADMINISTRATOR OF THE TSA.— 

21 (A) POSITIONS AT LEVEL II.—Section 5313 

22 of title 5, United States Code, is amended by in23 serting after the item relating to the Under Sec24 retary of Homeland Security for Management 

25 the following: 


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1 ‘‘Administrator of the Transportation Security Ad2 ministration.’’. 

3 (B) BONUS ELIGIBILITY.—Section 101(c)(2) 

4 of the Aviation and Transportation Security Act 

5 (5 U.S.C. 5313 note) is amended— 

6 (i) by striking ‘‘Under Secretary’’ and 

7 inserting ‘‘Administrator of the Transpor8 tation Security Administration’’; 

9 (ii) by striking ‘‘on the Secretary’s’’ 

10 and inserting ‘‘on the Secretary of Home11 land Security’s’’; and 

12 (iii) by striking ‘‘Under Secretary’s’’ 

13 and inserting ‘‘Administrator’s’’. 

14 (2) DEPUTY ADMINISTRATOR OF THE TSA.—Sec15 tion 5315 of title 5, United States Code, is amended 

16 by inserting after the item relating to the Deputy Ad17 ministrator, Federal Aviation Administration the fol18 lowing: 

19 ‘‘Deputy Administrator, Transportation Security Ad20 ministration.’’. 

21 SEC. 103. TRANSPORTATION SECURITY ADMINISTRATION 

22 ORGANIZATION. 

23 Section 114, as amended by sections 101 and 102, is 

24 further amended by adding at the end the following: 

25 ‘‘(w) LEADERSHIP AND ORGANIZATION.— 


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1 ‘‘(1) IN GENERAL.—For each of the areas de2 scribed in paragraph (2), the Administrator of the 

3 Transportation Security Administration shall ap4 point at least 1 individual who shall— 

5 ‘‘(A) report directly to the Administrator or 

6 the Administrator’s designated direct report; and 

7 ‘‘(B) be responsible and accountable for that 

8 area. 

9 ‘‘(2) AREAS DESCRIBED.—The areas described in 

10 this paragraph are as follows: 

11 ‘‘(A) Aviation security operations and 

12 training, including risk-based, adaptive security 

13 focused on airport checkpoint and baggage 

14 screening operations, cargo inspections, work15 force training and development programs, and 

16 other specialized programs designed to secure air 

17 transportation. 

18 ‘‘(B) Surface transportation security oper19 ations and training, including risk-based, adapt20 ive security focused on accomplishing security 

21 systems assessments, reviewing and prioritizing 

22 projects for appropriated surface transportation 

23 security grants, operator compliance with vol24 untary industry standards, workforce training 

25 and development programs, and other specialized 


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1 programs designed to secure surface transpor2 tation. 

3 ‘‘(C) Security policy and industry engage4 ment and planning, including the development, 

5 interpretation, promotion, and oversight of a 

6 unified effort regarding risk-based, risk-reducing 

7 security policies and plans (including strategic 

8 planning for future contingencies and security 

9 challenges) between government and transpor10 tation stakeholders, including airports, domestic 

11 and international airlines, general aviation, air 

12 cargo, mass transit and passenger rail, freight 

13 rail, pipeline, highway and motor carriers, and 

14 maritime. 

15 ‘‘(D) International strategy and operations, 

16 including agency efforts to work with inter17 national partners to secure the global transpor18 tation network. 

19 ‘‘(E) Trusted and registered traveler pro20 grams, including the management and mar21 keting of the agency’s trusted traveler initiatives, 

22 including the PreCheck Program, and coordina23 tion with trusted traveler programs of other De24 partment of Homeland Security agencies and the 

25 private sector. 


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1 ‘‘(F) Technology acquisition and deploy2 ment, including the oversight, development, test3 ing, evaluation, acquisition, deployment, and 

4 maintenance of security technology and other ac5 quisition programs. 

6 ‘‘(G) Inspection and compliance, including 

7 the integrity, efficiency and effectiveness of the 

8 agency’s workforce, operations, and programs 

9 through objective audits, covert testing, inspec10 tions, criminal investigations, and regulatory 

11 compliance. 

12 ‘‘(H) Civil rights, liberties, and traveler en13 gagement, including ensuring that agency em14 ployees and the traveling public are treated in a 

15 fair and lawful manner consistent with federal 

16 laws and regulations protecting privacy and 

17 prohibiting discrimination and reprisal. 

18 ‘‘(I) Legislative and public affairs, includ19 ing communication and engagement with inter20 nal and external audiences in a timely, accurate, 

21 and transparent manner, and development and 

22 implementation of strategies within the agency 

23 to achieve congressional approval or authoriza24 tion of agency programs and policies. 


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1 ‘‘(3) NOTIFICATION.—The Administrator shall 

2 transmit to the appropriate committees of Congress— 

3 ‘‘(A) not later than 180 days after the date 

4 of enactment of the TSA Modernization Act, a 

5 list of the names of the individuals appointed 

6 under paragraph (1); and 

7 ‘‘(B) an update of the list not later than 5 

8 days after any new individual is appointed 

9 under paragraph (1).’’. 

10 SEC. 104. TRANSMITTALS TO CONGRESS. 

11 With regard to each report, legislative proposal, or 

12 other communication of the Executive Branch related to the 

13 TSA and required to be submitted to Congress or the appro14 priate committees of Congress, the Administrator shall 

15 transmit such communication directly to the appropriate 

16 committees of Congress. 

17 TITLE II—AVIATION SECURITY 

18 Subtitle A—Security Technology 

19 SEC. 201. THIRD PARTY TESTING AND EVALUATION OF 

20 SCREENING TECHNOLOGY. 

21 (a) IN GENERAL.—In carrying out the responsibilities 

22 under section 114(e)(1), the Administrator shall develop 

23 and implement, not later than 1 year after the date of en24 actment of this Act, a program to enable a vendor of related 

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1 cluding as an alternative to the TSA’s test and evaluation 

2 process, by an appropriate third party, of such technology 

3 before acquisition or deployment. 

4 (b) DETECTION TESTING.— 

5 (1) IN GENERAL.—The third party testing and 

6 verification program authorized under subsection (a) 

7 shall include detection testing to evaluate the perform8 ance of the security technology system regarding the 

9 probability of detection, the probability of false alarm, 

10 and such other indicators that the system is able to 

11 meet the TSA’s mission needs. 

12 (2) COORDINATION WITH FINAL QUALIFICATION

13 PROCESSES.—To the extent practicable, but without 

14 compromising the integrity of the TSA test and eval15 uation process, the Administrator shall coordinate the 

16 third party detection testing under paragraph (1) 

17 with subsequent final Federal Government qualifica18 tion processes. 

19 (3) RESULTS.—The results of the third party de20 tection testing under paragraph (1) shall be consid21 ered final if the results are approved by the Adminis22 tration in accordance with approval standards devel23 oped by the Administrator. 


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1 (4) INTERNATIONAL STANDARDS.—To the extent 

2 practicable and permissible under law, the Adminis3 trator shall— 

4 (A) share detection testing information and 

5 standards with appropriate international part6 ners; and 

7 (B) coordinate with the appropriate inter8 national partners to harmonize TSA testing and 

9 evaluation with relevant international standards 

10 to maximize the capability to detect explosives 

11 and other threats. 

12 (c) OPERATIONAL TESTING.— 

13 (1) IN GENERAL.—Subject to paragraph (2), the 

14 third party testing and verification program author15 ized under subsection (a) shall include operational 

16 testing. 

17 (2) LIMITATION.—Third party operational test18 ing under paragraph (1) may not exceed 1 year. 

19 (d) ALTERNATIVE.—Third party testing under sub20 section (a) shall replace as an alternative, at the discretion 

21 of the Administrator, the testing at the Transportation Sys22 tems Integration Facility, including operational testing 

23 for— 

24 (1) health and safety factors; 

25 (2) operator interface; 


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1 (3) human factors; 

2 (4) environmental factors; 

3 (5) throughput; and 

4 (6) baggage handling systems. 

5 (e) TESTING AND VERIFICATION FRAMEWORK.— 

6 (1) IN GENERAL.—The Administrator shall— 

7 (A) establish a framework for the third 

8 party testing and for verifying a security tech9 nology is operationally effective and able to meet 

10 the TSA’s mission needs before it may enter or 

11 re-enter, as applicable, the operational context at 

12 an airport or other transportation facility; and 

13 (B) use phased implementation to allow the 

14 TSA and the third party to establish best prac15 tices. 

16 (2) RECOMMENDATIONS.—The Administrator 

17 shall request ASAC’s Security Technology Sub18 committee, in consultation with representatives of the 

19 security manufacturers industry, to develop and sub20 mit to the Administrator recommendations for the 

21 third party testing and verification framework. 

22 (f) FIELD TESTING.—The Administrator shall 

23 prioritize the field testing and evaluation of security tech24 nology and equipment at airports and on site at security 


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1 technology manufacturers whenever possible as an alter2 native to the Transportation Systems Integration Facility. 

3 SEC. 202. RECIPROCAL RECOGNITION OF SECURITY STAND4 ARDS. 

5 (a) IN GENERAL.—The Administrator, in coordination 

6 with the European Civil Aviation Conference and Cana7 dian Air Transport Security Authority, shall develop a val8 idation process for the reciprocal recognition of security 

9 equipment technology approvals among international secu10 rity partners or recognized certification authorities for de11 ployment. 

12 (b) REQUIREMENT.—The validation process shall en13 sure that the certification process of each participating 

14 international security partner or recognized certification 

15 authority complies with TSA security standards. 

16 SEC. 203. TRANSPORTATION SECURITY LABORATORY. 

17 (a) IN GENERAL.—The Secretary, acting through the 

18 Administrator, shall administer the Transportation Secu19 rity Laboratory. 

20 (b) PERIODIC REVIEWS.—The Administrator shall re21 view the screening technology test and evaluation process 

22 conducted at the Transportation Security Laboratory to 

23 improve the coordination, collaboration, and communica24 tion between the Transportation Security Laboratory and 

25 the Office of Acquisition Program Management at the TSA 


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1 to identify factors contributing to acquisition inefficiencies, 

2 develop strategies to reduce acquisition inefficiencies, facili3 tate more expeditious initiation and completion of testing, 

4 and identify how laboratory practices can better support 

5 acquisition decisions. 

6 SEC. 204. INNOVATION TASK FORCE. 

7 (a) IN GENERAL.—The Administrator shall establish 

8 an innovation task force— 

9 (1) to cultivate innovations in aviation security; 

10 (2) to develop and recommend how to prioritize 

11 and streamline requirements for new approaches to 

12 aviation security; 

13 (3) to accelerate the development and introduc14 tion of new innovative aviation security technologies 

15 and improvements to aviation security operations; 

16 and 

17 (4) to provide industry with access to the airport 

18 environment during the technology development and 

19 assessment process to demonstrate the technology and 

20 to collect data to understand and refine technical op21 erations and human factor issues. 

22 (b) ACTIVITIES.—The task force shall— 

23 (1) conduct activities to identify and develop an 

24 innovative technology, emerging security capability, 


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1 or process designed to enhance aviation security, in2 cluding— 

3 (A) by conducting a field demonstration of 

4 such a technology, capability, or process in the 

5 airport environment; 

6 (B) by gathering performance data from 

7 such a demonstration to inform the acquisition 

8 process; and 

9 (C) by enabling a small business with an 

10 innovative technology or emerging security capa11 bility, but less than adequate resources, to par12 ticipate in such a demonstration; 

13 (2) conduct at least quarterly collaboration meet14 ings with industry, including air carriers, airport op15 erators, and other aviation security stakeholders to 

16 highlight and discuss best practices on innovative se17 curity operations and technology evaluation and de18 ployment; and 

19 (3) submit to the appropriate committees of Con20 gress an annual report on the effectiveness of key per21 formance data from task force-sponsored projects and 

22 checkpoint enhancements. 

23 (c) COMPOSITION.— 


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1 (1) APPOINTMENT.—The Administrator, in con2 sultation with the Chairperson of ASAC shall appoint 

3 the members of the task force. 

4 (2) CHAIRPERSON.—The task force shall be 

5 chaired by the Administrator’s designee. 

6 (3) REPRESENTATION.—The task force shall be 

7 comprised of representatives of— 

8 (A) the relevant offices of the TSA; 

9 (B) if considered appropriate by the Ad10 ministrator, the Science and Technology Direc11 torate of the Department of Homeland Security; 

12 (C) any other component of the Department 

13 of Homeland Security that the Administrator 

14 considers appropriate; and 

15 (D) such industry representatives as the Ad16 ministrator considers appropriate. 

17 (d) RULE OF CONSTRUCTION.—Nothing in this section 

18 shall be construed to require the acquisition or deployment 

19 of an innovative technology, emerging security capability, 

20 or process identified, developed, or recommended under this 

21 section. 

22 (e) NONAPPLICABILITY OF FACA.—The Federal Advi23 sory Committee Act (5 U.S.C. App.) shall not apply to the 

24 task force established under this section. 


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1 SEC. 205. 5-YEAR TECHNOLOGY INVESTMENT PLAN UPDATE. 

2 Section 1611(g) of the Homeland Security Act of 2002 

3 (6 U.S.C. 563(g)) is amended— 

4 (1) by striking the matter preceding paragraph 

5 (1) and inserting ‘‘The Administrator shall, in col6 laboration with relevant industry and government 

7 stakeholders, annually submit to Congress in an ap8 pendix to the budget request and publish in an un9 classified format in the public domain—’’; 

10 (2) in paragraph (1), by striking ‘‘; and’’ and 

11 inserting a semicolon; 

12 (3) in paragraph (2), by striking the period and 

13 inserting ‘‘; and’’; and 

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

15 ‘‘(3) information about acquisitions completed 

16 during the fiscal year preceding the fiscal year during 

17 which the report is submitted.’’. 

18 SEC. 206. BIOMETRICS EXPANSION. 

19 Not later than 270 days after the date of enactment 

20 of this Act, the Administrator, in coordination with the 

21 Commissioner of Customs and Border Protection, shall— 

22 (1) assess the operational and security impact of 

23 using biometric technology to identify passengers; 

24 (2) assess the effects on privacy of the expansion 

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1 vacy identified by the Administrator related to the ac2 tive or passive collection of biometric data; 

3 (3) facilitate, if appropriate, the deployment of 

4 such biometric technology at checkpoints, screening 

5 lanes, bag drop and boarding areas, and other areas 

6 where such deployment would enhance security and 

7 facilitate passenger movement; 

8 (4) submit to the appropriate committees of Con9 gress a report on the assessments under paragraph (1) 

10 and (2) and deployment under paragraph (3); and 

11 (5) if practicable, publish the assessment re12 quired by paragraph (2) on a publicly accessible 

13 Internet website of the TSA. 

14 SEC. 207. PILOT PROGRAM FOR AUTOMATED EXIT LANE 

15 TECHNOLOGY. 

16 (a) IN GENERAL.—Not later than 90 days after the 

17 date of enactment of this Act, the Administrator shall estab18 lish a pilot program to implement and evaluate the use of 

19 automated exit lane technology at small hub airports and 

20 nonhub airports (as those terms are defined in section 

21 40102 of title 49, United States Code). 

22 (b) PARTNERSHIP.—The Administrator shall carry 

23 out the pilot program in partnership with the applicable 

24 airport directors. 


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1 (c) COST SHARE.—The Federal share of the cost of the 

2 pilot program under this section shall not exceed 85 percent 

3 of the total cost of the program. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out the pilot pro6 gram under this section $15,000,000 for each of fiscal years 

7 2018 through 2020. 

8 (e) GAO REPORT.—Not later than 2 years after the 

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

10 the United States shall submit to the appropriate commit11 tees of Congress a report on the pilot program, including— 

12 (1) the level of airport interest and participation 

13 in the pilot program; 

14 (2) what return on investment, if any, was 

15 achieved by each program participant; and 

16 (3) recommendations regarding whether to ex17 pand or discontinue the pilot program. 

18 SEC. 208. AUTHORIZATION OF APPROPRIATIONS; EXIT 

19 LANE SECURITY. 

20 There is authorized to be appropriated to carry out 

21 section 44903(n)(1) of title 49, United States Code, 

22 $77,000,000 for each of fiscal years 2018 through 2020. 

23 SEC. 209. REAL-TIME SECURITY CHECKPOINT WAIT TIMES. 

24 (a) IN GENERAL.—Not later than 18 months after the 

25 date of enactment of this Act, the Administrator shall make 


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1 available to the public information on wait times at each 

2 airport security checkpoint. 

3 (b) REQUIREMENTS.—The information described in 

4 subsection (a) shall be provided in real time via technology 

5 and published— 

6 (1) online; and 

7 (2) in physical locations at the applicable air8 port terminal. 

9 (c) CONSIDERATIONS.—The Administrator shall make 

10 the information described in subsection (a) available to the 

11 public in a manner that does not increase public area secu12 rity risks. 

13 (d) DEFINITION OF WAIT TIME.—In this section, the 

14 term ‘‘wait time’’ means the period beginning when a pas15 senger enters a queue for a screening checkpoint and ending 

16 when the passenger has begun divestment of items requiring 

17 screening at that checkpoint. 

18 SEC. 210. GAO REPORT ON UNIVERSAL DEPLOYMENT OF 

19 ADVANCED IMAGING TECHNOLOGIES. 

20 (a) STUDY.—The Comptroller General of the United 

21 States shall conduct a study of the cost to the TSA or an 

22 airport to redesign, if necessary, airport security areas to 

23 fully deploy advanced imaging technologies at each airport 

24 at which security screening operations are conducted or 

25 overseen by the TSA. 


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1 (b) COST ANALYSIS.—As a part of the study conducted 

2 under subsection (a), the Comptroller General shall identify 

3 the costs that would be incurred by the TSA or the air4 port— 

5 (1) to purchase the equipment and other assets 

6 necessary to deploy advanced imaging technologies at 

7 the airport; 

8 (2) to install such equipment, including any re9 lated variant, and assets in the airport; and 

10 (3) to maintain such equipment and assets. 

11 (c) REPORT.—Not later than 1 year after the date of 

12 enactment of this Act, the Comptroller General shall submit 

13 to the appropriate committees of Congress a report on the 

14 findings of the study under subsection (a). 

15 SEC. 211. TESTING AND VERIFICATION PERFORMANCE OB16 JECTIVES. 

17 (a) IN GENERAL.—The Administrator shall establish 

18 performance objectives for the testing and verification of se19 curity technology, including testing and verification con20 ducted by third parties under section 201, to ensure that 

21 progress is made, at a minimum, toward— 

22 (1) reducing time for each phase of testing while 

23 maintaining security (including testing for detection 

24 testing, operational testing, testing and verification 

25 framework, and field testing); 


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1 (2) eliminating testing and verification delays; 

2 and 

3 (3) increasing accountability. 

4 (b) PERFORMANCE METRICS.— 

5 (1) IN GENERAL.—In carrying out subsection 

6 (a), the Administrator shall establish and continually 

7 track performance metrics for each type of security 

8 technology submitted for testing and verification, in9 cluding testing and verification conducted by third 

10 parties under section 201. 

11 (2) MEASURING PROGRESS TOWARD GOALS.— 

12 The Administrator shall use the metrics established 

13 and tracked under paragraph (1) to generate data on 

14 an ongoing basis and to measure progress toward the 

15 achievement of the performance objectives established 

16 under subsection (a). 

17 (3) REPORT REQUIRED.— 

18 (A) IN GENERAL.—Not later than 2 years 

19 after the date of enactment of this Act, the Ad20 ministrator shall submit to the appropriate com21 mittees of Congress a report assessing the extent 

22 to which the performance objectives established 

23 under subsection (a), as measured by the per24 formance metrics established and tracked under 

25 paragraph (1), have been met. 


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1 (B) ELEMENTS.—The report required by 

2 subparagraph (A) shall include— 

3 (i) a list of the performance metrics es4 tablished under paragraph (1), including 

5 the length of time for each phase of testing 

6 and verification for each type of security 

7 technology; and 

8 (ii) a comparison of the progress 

9 achieved for testing and verification of secu10 rity technology conducted by the TSA and 

11 the testing and verification of security tech12 nology conducted by third parties. 

13 (C) PROPRIETARY INFORMATION.—The re14 port required by subparagraph (A) shall— 

15 (i) not include identifying information 

16 regarding an individual or entity or equip17 ment; and 

18 (ii) protect proprietary information. 

19 SEC. 212. COMPUTED TOMOGRAPHY PILOT PROGRAM. 

20 Not later than 90 days after the date of enactment of 

21 this Act, the Administrator shall carry out a pilot program 

22 to test the use of screening equipment using computed to23 mography technology to screen baggage at passenger screen24 ing checkpoints at airports. 


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1 Subtitle B—Public Area Security 

2 SEC. 221. THIRD PARTY CANINES. 

3 (a) IN GENERAL.—Not later than 120 days after the 

4 date of enactment of this Act, to increase the supply of ca5 nine teams for use by the TSA and aviation stakeholders, 

6 the Administrator shall develop and issue standards that 

7 a third party explosives detection canine team must satisfy 

8 to be certified for the screening of individuals and property, 

9 including detection of explosive vapors among individuals 

10 and articles of property, in public areas of an airport under 

11 section 44901 of title 49, United States Code. 

12 (b) AGREEMENT.—Subject to subsections (c), (d), and 

13 (e), not later than 180 days after the date of enactment of 

14 this Act, the Administrator shall enter into an agreement 

15 with at least 1 third party entity to test and certify the 

16 capabilities of canine teams in accordance with the stand17 ards under subsection (a). 

18 (c) EXPEDITED DEPLOYMENT.—In entering into an 

19 agreement under subsection (b), the Secretary shall use— 

20 (1) the other transaction authority under section 

21 114(m) of title 49, United States Code; or 

22 (2) such other authority of the Secretary as the 

23 Secretary considers appropriate to expedite the de24 ployment of additional canine teams. 


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1 (d) PROCESS.—Before entering into an agreement 

2 under subsection (b), the Administrator shall— 

3 (1) evaluate and verify a third party entity’s 

4 ability to effectively evaluate the capabilities of ca5 nine teams; 

6 (2) designate at least 3 evaluation centers to 

7 which vendors may send canine teams for testing and 

8 certification by the third party entity; and 

9 (3) periodically assess the program at evaluation 

10 centers to ensure the proficiency of the canine team 

11 beyond the initial testing and certification by the 

12 third party entity. 

13 (e) CONSULTATION.—To determine best practices for 

14 the use of third party entities to test and certify the capa15 bilities of canine teams, the Administrator shall consult 

16 with the following entities before entering into an agreement 

17 under subsection (b): 

18 (1) The Secretary of State. 

19 (2) Non-profit organizations that train, certify, 

20 and provide the services of canines for various pur21 poses. 

22 (3) Institutions of higher education with research 

23 programs related to use of canines for the screening 

24 of individuals and property, including detection of 


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1 explosive vapors among individuals and articles of 

2 property. 

3 (f) OVERSIGHT.—The Administrator shall establish a 

4 process to ensure appropriate oversight of the certification 

5 program and compliance with the standards under sub6 section (a), including periodic audits of participating third 

7 party entities. 

8 (g) AUTHORIZATION.— 

9 (1) TSA.—The Administrator shall develop and 

10 implement a process for the TSA to procure third 

11 party explosives detection canine teams certified 

12 under this section. 

13 (2) AVIATION STAKEHOLDERS.— 

14 (A) IN GENERAL.—The Administrator shall 

15 authorize an aviation stakeholder, under the 

16 oversight of and in coordination with the Federal 

17 Security Director at an applicable airport, to 

18 contract with, procure or purchase, and deploy 

19 one or more third party explosives detection ca20 nine teams certified under this section to aug21 ment public area security at that airport. 

22 (B) APPLICABLE LARGE HUB AIRPORTS.— 

23 Notwithstanding any law to the contrary and 

24 subject to the other provisions of this paragraph, 

25 an applicable large hub airport may provide a 


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1 certified canine contracted with, or procured or 

2 purchased under subparagraph (A) on an in3 kind basis to the TSA to be deployed as a pas4 senger screening canine at that airport unless the 

5 applicable large hub airport consents to the use 

6 of that certified canine elsewhere. 

7 (C) HANDLERS.—Not later than 30 days be8 fore an applicable large hub airport begins 

9 training a canine under subparagraph (B), the 

10 airport shall notify the TSA of such training 

11 and the Administrator shall assign a TSA ca12 nine handler to participate in the training with 

13 that canine, as appropriate. 

14 (D) LIMITATION.—The Administrator may 

15 not reduce the staffing allocation model for an 

16 applicable large hub airport based on that air17 port’s participation in canine testing and cer18 tification under this paragraph. 

19 (h) DEFINITIONS.—In this section: 

20 (1) APPLICABLE LARGE HUB AIRPORT.—The 

21 term ‘‘applicable large hub airport’’ means a large 

22 hub airport (as defined in section 40102 of title 49, 

23 United States Code) that has less than 100 percent of 

24 the allocated passenger screening canine teams staffed 

25 by the TSA. 


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1 (2) AVIATION STAKEHOLDER.—The term ‘‘avia2 tion stakeholder’’ includes an airport, airport oper3 ator, and air carrier. 

4 SEC. 222. TRACKING AND MONITORING OF CANINE TRAIN5 ING AND TESTING. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Administrator shall use, to the extent prac8 ticable, a digital monitoring system for all training, testing, 

9 and validation or certification of public and private canine 

10 assets utilized by the TSA to facilitate improved review, 

11 data analysis, and record keeping of canine testing per12 formance and program administration. 

13 SEC. 223. VIPR TEAM STATISTICS. 

14 (a) IN GENERAL.—Not later than 90 days after the 

15 date of enactment of this Act, and annually thereafter, the 

16 Administrator shall notify the appropriate committees of 

17 Congress of the number of VIPR teams available for deploy18 ment at transportation facilities, including— 

19 (1) the number of VIPR team operations that in20 clude explosive detection canine teams; and 

21 (2) the distribution of VIPR team operations de22 ployed across different modes of transportation. 

23 (b) ANNEX.—The notification under subsection (a) 

24 may contain a classified annex. 


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1 (c) DEFINITION OF VIPR TEAM.—In this section, the 

2 term ‘‘VIPR’’ means a Visible Intermodal Prevention and 

3 Response team authorized under section 1303 of the Na4 tional Transit Systems Security Act of 2007 (6 U.S.C. 

5 1112). 

6 SEC. 224. PUBLIC AREA BEST PRACTICES. 

7 (a) IN GENERAL.—The Administrator shall, in accord8 ance with law and as received or developed, periodically 

9 submit to Federal Security Directors and appropriate avia10 tion security stakeholders information on any best practices 

11 developed by the TSA or appropriate aviation stakeholders 

12 related to protecting aviation infrastructure from emerging 

13 threats to public spaces of transportation venues. 

14 (b) INFORMATION SHARING.—The Administrator 

15 shall, in accordance with law— 

16 (1) in coordination with the Office of the Direc17 tor of National Intelligence and industry partners, 

18 implement improvements to the Air Domain Intel19 ligence and Analysis Center to encourage increased 

20 participation from aviation stakeholders and enhance 

21 government and industry aviation security informa22 tion sharing on aviation security threats, including 

23 on cybersecurity threat awareness; 

24 (2) expand and improve the City and Airport 

25 Threat Assessment or similar program to public and 


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1 private aviation stakeholders to capture, quantify, 

2 communicate, and apply applicable intelligence to in3 form airport mitigation measures, such as— 

4 (A) quantifying levels of risk by airport 

5 that can be used to determine risk-based security 

6 mitigation measures at each location; 

7 (B) determining random and surge em8 ployee inspection operations based on changing 

9 levels of risk; and 

10 (C) targeting any high-risk employee groups 

11 and specific points of risk within the airport pe12 rimeter for such mitigation measures as random 

13 inspections; 

14 (3) continue to disseminate Transportation In15 telligence Notes, tear-lines, and related intelligence 

16 products to appropriate transportation security stake17 holders on a regular basis; and 

18 (4) continue to conduct both regular routine and 

19 threat-specific classified briefings between the TSA 

20 and appropriate aviation and other transportation 

21 sector stakeholders on an individual or group basis to 

22 provide greater information sharing between public 

23 and private sectors. 

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1 cation systems, including the Integrated Public Alert Warn2 ing System of the Federal Emergency Management Agency 

3 and social media platforms, to disseminate information to 

4 transportation community employees, travelers, and the 

5 general public, as appropriate. 

6 (d) PUBLIC AWARENESS PROGRAMS.—The Secretary, 

7 in coordination with the Administrator, shall expand pub8 lic programs of the Department of Homeland Security and 

9 the TSA that increase security threat awareness, education, 

10 and training to include transportation network public area 

11 employees, including airport and transportation vendors, 

12 local hotels, cab and limousine companies, ridesharing com13 panies, cleaning companies, gas station attendants, cargo 

14 operators, and general aviation members. 

15 (e) AVIATION EMPLOYEE VETTING.—The Adminis16 trator shall allow an air carrier, airport, or airport oper17 ator, in addition to any background check required for ini18 tial employment, to utilize the Federal Bureau of Investiga19 tion’s Rap Back Service and other vetting tools as appro20 priate, including the No-Fly and Selectee lists, to get imme21 diate notification of any criminal activity relating to an 

22 employee with access to an airport or its perimeter, regard23 less of whether the employee is seeking access to a public 

24 or secured area of the airport. 


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1 SEC. 225. LAW ENFORCEMENT OFFICER REIMBURSEMENT 

2 PROGRAM. 

3 (a) IN GENERAL.—In accordance with section 

4 44903(c)(1) of title 49, United States Code, the Adminis5 trator shall increase the number of awards, and the total 

6 funding amount of each award, under the Law Enforcement 

7 Officer Reimbursement Program— 

8 (1) to increase the presence of law enforcement 

9 officers in the public areas of airports, including bag10 gage claim, ticket counters, and nearby roads; 

11 (2) to increase the presence of law enforcement 

12 officers at screening checkpoints; 

13 (3) to reduce the response times of law enforce14 ment officers during security incidents; and 

15 (4) to provide visible deterrents to potential ter16 rorists. 

17 (b) COOPERATION BY ADMINISTRATOR.—In carrying 

18 out subsection (a), the Administrator shall use the authority 

19 provided to the Administrator under section 114(m) of title 

20 49, United States Code, that is the same authority as is 

21 provided to the Administrator of the Federal Aviation Ad22 ministration under section 106(m) of that title. 

23 (c) ADMINISTRATIVE BURDENS.—The Administrator 

24 shall review the regulations and compliance policies related 

25 to the Law Enforcement Officer Reimbursement Program 

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1 duce any administrative burdens on applicants or recipi2 ents of such awards. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out section 44901(h) 

5 of title 49, United States Code, $55,000,000 for each of fis6 cal years 2018 through 2020. 

7 Subtitle C—Passenger and Cargo 

8 Security 

9 SEC. 231. PRECHECK PROGRAM. 

10 (a) IN GENERAL.—Section 44919 is amended to read 

11 as follows: 

12 ‘‘§ 44919. PreCheck Program 

13 ‘‘(a) IN GENERAL.—The Administrator of the Trans14 portation Security Administration shall continue to ad15 minister the PreCheck Program in accordance with section 

16 109(a)(3) of the Aviation and Transportation Security Act 

17 (49 U.S.C. 114 note). 

18 ‘‘(b) EXPANSION.—Not later than 180 days after the 

19 date of enactment of the TSA Modernization Act, the Ad20 ministrator shall enter into an agreement, using other 

21 transaction authority under section 114(m) of this title, 

22 with at least 2 private sector entities to increase the methods 

23 and capabilities available for the public to enroll in the 

24 PreCheck Program. 


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1 ‘‘(c) MINIMUM CAPABILITY REQUIREMENTS.—At least 

2 1 agreement under subsection (b) shall include the following 

3 capabilities: 

4 ‘‘(1) Start-to-finish secure online or mobile en5 rollment capability. 

6 ‘‘(2) Vetting of an applicant by means other 

7 than biometrics, such as a risk assessment, if— 

8 ‘‘(A) such means— 

9 ‘‘(i) are evaluated and certified by the 

10 Secretary of Homeland Security; 

11 ‘‘(ii) meet the definition of a qualified 

12 anti-terrorism technology under section 865 

13 of the Homeland Security Act of 2002 (6 

14 U.S.C. 444); or 

15 ‘‘(iii) are determined by the Adminis16 trator to provide a risk assessment that is 

17 as effective as a fingerprint-based criminal 

18 history records check conducted through the 

19 Federal Bureau of Investigation with re20 spect to identifying individuals who are not 

21 qualified to participate in the PreCheck 

22 Program due to disqualifying criminal his23 tory; and 

24 ‘‘(B) with regard to private sector risk as25 sessments, the Secretary has certified that reaVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 sonable procedures are in place with regard to 

2 the accuracy, relevancy, and proper utilization 

3 of information employed in such risk assess4 ments. 

5 ‘‘(d) ADDITIONAL CAPABILITY REQUIREMENTS.—At 

6 least 1 agreement under subsection (b) shall include the fol7 lowing capabilities: 

8 ‘‘(1) Start-to-finish secure online or mobile en9 rollment capability. 

10 ‘‘(2) Vetting of an applicant by means of bio11 metrics if the collection— 

12 ‘‘(A) is comparable with the appropriate 

13 and applicable standards developed by the Na14 tional Institute of Standards and Technology; 

15 and 

16 ‘‘(B) protects privacy and data security, in17 cluding that any personally identifiable informa18 tion is collected, retained, used, and shared in a 

19 manner consistent with section 552a of title 5, 

20 United States Code (commonly known as ‘Pri21 vacy Act of 1974’), and with agency regulations. 

22 ‘‘(e) TARGET ENROLLMENT.—Subject to subsections 

23 (b), (c), and (d), the Administrator shall take actions to 

24 expand the total number of individuals enrolled in the 

25 PreCheck Program as follows: 


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1 ‘‘(1) 7,000,000 passengers before October 1, 2018. 

2 ‘‘(2) 10,000,000 passengers before October 1, 

3 2019. 

4 ‘‘(3) 15,000,000 passengers before October 1, 

5 2020. 

6 ‘‘(f) MARKETING OF PRECHECK PROGRAM.—Not later 

7 than 90 days after the date of enactment of the TSA Mod8 ernization Act, the Administrator shall— 

9 ‘‘(1) enter into at least 2 agreements, using other 

10 transaction authority under section 114(m) of this 

11 title, to market the PreCheck Program; and 

12 ‘‘(2) implement a long-term strategy for 

13 partnering with the private sector to encourage enroll14 ment in such program. 

15 ‘‘(g) IDENTITY VERIFICATION ENHANCEMENT.—The 

16 Administrator shall— 

17 ‘‘(1) coordinate with the heads of appropriate 

18 components of the Department to leverage Depart19 ment-held data and technologies to verify the identity 

20 and citizenship of individuals enrolling in the 

21 PreCheck Program; 

22 ‘‘(2) partner with the private sector to use bio23 metrics and authentication standards, such as rel24 evant standards developed by the National Institute of 


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1 Standards and Technology, to facilitate enrollment in 

2 the program; and 

3 ‘‘(3) consider leveraging the existing resources 

4 and abilities of airports to collect fingerprints for use 

5 in background checks to expedite identity verification. 

6 ‘‘(h) PRECHECK PROGRAM LANES OPERATION.—The 

7 Administrator shall— 

8 ‘‘(1) ensure that PreCheck Program screening 

9 lanes are open and available during peak and high10 volume travel times at appropriate airports to indi11 viduals enrolled in the PreCheck Program; and 

12 ‘‘(2) make every practicable effort to provide ex13 pedited screening at standard screening lanes during 

14 times when PreCheck Program screening lanes are 

15 closed to individuals enrolled in the program in order 

16 to maintain operational efficiency. 

17 ‘‘(i) VETTING FOR PRECHECK PROGRAM PARTICI18 PANTS.—The Administrator shall initiate an assessment to 

19 identify any security vulnerabilities in the vetting process 

20 for the PreCheck Program, including determining whether 

21 subjecting PreCheck Program participants to recurrent fin22 gerprint-based criminal history records checks, in addition 

23 to recurrent checks against the terrorist watchlist, could be 

24 done in a cost-effective manner to strengthen the security 

25 of the PreCheck Program. 


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1 ‘‘(j) ASSURANCE OF SEPARATE PROGRAM.—In car2 rying out this section, the Administrator shall ensure that 

3 the PreCheck program enrollment capabilities, including 

4 the additional private sector application capabilities under 

5 subsections (b), (c), and (d), are separate from any other 

6 related TSA program, initiative, or procurement, including 

7 the Universal Enrollment Services program. 

8 ‘‘(k) EXPENDITURE OF FUNDS.—Any Federal funds 

9 expended by the Administrator to expand PreCheck Pro10 gram enrollment shall be expended in a manner that meets 

11 the requirements of this section.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) REPEAL.—Subtitle A of title III of the FAA 

14 Extension, Safety, and Security Act of 2016 (49 

15 U.S.C. 44901 note) and the items relating to that sub16 title in the table of contents of that Act are repealed. 

17 (2) TABLE OF CONTENTS.—The table of contents 

18 of chapter 449 is amended by amending the item re19 lating to section 44919 to read as follows: 

‘‘44919. PreCheck Program.’’. 

20 (3) SCREENING PASSENGERS AND PROPERTY.— 

21 Section 44901(a) is amended by striking ‘‘44919 or’’. 

22 SEC. 232. TRUSTED TRAVELER PROGRAMS; COLLABORA23 TION. 

24 Not later than 180 days after the date of enactment 

25 of this Act, the Administrator, in consultation with the 


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1 Commissioner of U.S. Customs and Border Protection, 

2 shall— 

3 (1) review each trusted traveler program admin4 istered by U.S. Customs and Border Protection and 

5 the PreCheck Program; 

6 (2) identify any improvements that can be made 

7 to such programs— 

8 (A) to streamline and integrate the require9 ments and operations of such programs to reduce 

10 administrative burdens, including applications 

11 for inclusion and determining whether a valid 

12 credential can satisfy the requirements for an13 other credential; 

14 (B) to increase information and data shar15 ing across such programs; and 

16 (C) to allow the public to access and link to 

17 the applications for enrollment in all of such 

18 programs from 1 online portal; 

19 (3) identify any law, including regulations, pol20 icy, or procedure that may unnecessarily inhibit col21 laboration among Department of Homeland Security 

22 agencies regarding such programs or implementation 

23 of the improvements identified under paragraph (2); 

24 (4) recommend any legislative, administrative, 

25 or other actions that can be taken to eliminate any 


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1 unnecessary barriers to collaboration or implementa2 tion identified in paragraph (3); and 

3 (5) submit to the appropriate committees of Con4 gress a report on the review, including any unneces5 sary barriers to collaboration or implementation 

6 identified under paragraph (3), and any rec7 ommendations under paragraph (4). 

8 SEC. 233. PASSENGER SECURITY FEE. 

9 Section 44940(c) is amended by adding at the end the 

10 following: 

11 ‘‘(3) OFFSETTING COLLECTIONS.—Beginning on 

12 October 1, 2025, fees collected under subsection (a)(1) 

13 for any fiscal year shall be credited as offsetting col14 lections to appropriations made for aviation security 

15 measures carried out by the Transportation Security 

16 Administration, to remain available until expended.’’. 

17 SEC. 234. THIRD PARTY CANINE TEAMS FOR AIR CARGO SE18 CURITY. 

19 Section 1307 of the Implementing Recommendations 

20 of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is 

21 amended by adding at the end the following: 

22 ‘‘(h) THIRD PARTY CANINE TEAMS FOR AIR CARGO

23 SECURITY.— 

24 ‘‘(1) IN GENERAL.—In order to enhance the 

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1 plosives detection canine assets are leveraged for such 

2 purpose, the Administrator shall, not later than 180 

3 days after the date of enactment of the TSA Mod4 ernization Act— 

5 ‘‘(A) develop and issue standards for the use 

6 of such third party explosives detection canine 

7 assets for the primary screening of air cargo; 

8 ‘‘(B) develop a process to identify qualified 

9 non-Federal entities that will certify canine as10 sets that meet the standards established by the 

11 Administrator under subparagraph (A); 

12 ‘‘(C) ensure that entities qualified to certify 

13 canine assets shall be independent from entities 

14 that will train and provide canines to end users 

15 of such canine assets; 

16 ‘‘(D) establish a system of Transportation 

17 Security Administration audits of the process de18 veloped under subparagraph (B); and 

19 ‘‘(E) provide that canines certified for the 

20 primary screening of air cargo can be used by 

21 air carriers, foreign air carriers, freight for22 warders, and shippers. 

23 ‘‘(2) IMPLEMENTATION.—Beginning on the date 

24 that the development of the process under paragraph 

25 (1)(B) is complete, the Administrator shall— 


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1 ‘‘(A) facilitate the deployment of such assets 

2 that meet the certification standards of the Ad3 ministration, as determined by the Adminis4 trator; 

5 ‘‘(B) make such standards available to ven6 dors seeking to train and deploy third party ex7 plosives detection canine assets; and 

8 ‘‘(C) ensure that all costs for the training 

9 and certification of canines, and for the use of 

10 supplied canines, are borne by private industry 

11 and not the Federal Government. 

12 ‘‘(3) DEFINITIONS.—In this subsection: 

13 ‘‘(A) AIR CARRIER.—The term ‘air carrier’ 

14 has the meaning given the term in section 40102 

15 of title 49, United States Code. 

16 ‘‘(B) FOREIGN AIR CARRIER.—The term 

17 ‘foreign air carrier’ has the meaning given the 

18 term in section 40102 of title 49, United States 

19 Code. 

20 ‘‘(C) THIRD PARTY EXPLOSIVES DETECTION

21 CANINE ASSET.—The term ‘third party explosives 

22 detection canine asset’ means any explosives de23 tection canine or handler not owned or em24 ployed, respectively, by the Transportation Secu25 rity Administration.’’. 


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1 SEC. 235. KNOWN SHIPPER PROGRAM REVIEW. 

2 The Administrator shall direct the Air Cargo Sub3 committee of ASAC— 

4 (1) to conduct a comprehensive review and secu5 rity assessment of the Known Shipper Program; 

6 (2) to recommend whether the Known Shipper 

7 Program should be modified or eliminated consid8 ering the full implementation of 100 percent screening 

9 under section 44901(g) of title 49, United States 

10 Code; and 

11 (3) to report its findings and recommendations 

12 to the Administrator. 

13 SEC. 236. SCREENING PARTNERSHIP PROGRAM UPDATES. 

14 (a) SECURITY SCREENING OPT-OUT PROGRAM.—Sec15 tion 44920 is amended— 

16 (1) in the heading by striking ‘‘Security 

17 screening opt-out program’’ and inserting 

18 ‘‘Screening partnership program’’; 

19 (2) by amending subsection (a) to read as fol20 lows: 

21 ‘‘(a) IN GENERAL.—An operator of an airport, airport 

22 terminal, or airport security checkpoint may submit to the 

23 Administrator of the Transportation Security Administra24 tion an application to carry out the screening of passengers 

25 and property at the airport under section 44901 by per26 sonnel of a qualified private screening company pursuant 


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1 to a contract with the Transportation Security Administra2 tion.’’; 

3 (3) in subsection (b)— 

4 (A) by amending paragraph (1) to read as 

5 follows: 

6 ‘‘(1) IN GENERAL.—Not later than 30 days after 

7 the date of receipt of an application submitted by an 

8 operator of an airport, airport terminal, or airport 

9 security checkpoint under subsection (a), the Admin10 istrator shall approve or deny the application.’’; and 

11 (B) in paragraphs (2) and (3), by striking 

12 ‘‘Under Secretary’’ each place it appears and in13 serting ‘‘Administrator’’; 

14 (4) in subsection (d)— 

15 (A) in the heading, by striking ‘‘STAND16 ARDS’’ inserting ‘‘SELECTION OF CONTRACTS

17 AND STANDARDS’’; 

18 (B) by redesignating paragraph (2) as 

19 paragraph (3); 

20 (C) in paragraph (1)— 

21 (i) by striking ‘‘The Under Secretary 

22 may enter’’ and all that follows through 

23 ‘‘certifies to Congress that—’’ and inserting 

24 ‘‘The Administrator shall, upon approval of 

25 the application, provide each operator of an 


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1 airport, airport terminal, or airport secu2 rity checkpoint with a list of qualified pri3 vate screening companies.’’; and 

4 (ii) by inserting before subparagraphs 

5 (A) and (B) the following: 

6 ‘‘(2) CONTRACTS.—Not later than 60 days after 

7 the selection of a qualified private screening company 

8 by the operator, the Administrator shall enter into a 

9 contract with such company for the provision of 

10 screening at the airport, airport terminal, or airport 

11 security checkpoint if—’’; and 

12 (D) in paragraph (2), as redesignated— 

13 (i) in subparagraph (A), by striking ‘‘; 

14 and’’ and inserting a semicolon; 

15 (ii) in subparagraph (B)— 

16 (I) by striking ‘‘Under Secretary’’ 

17 and inserting ‘‘Administrator’’; and 

18 (II) by striking the period at the 

19 end and inserting ‘‘; and’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(C) the selected qualified private screening 

23 company offered contract price is equal to or less 

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1 port, airport terminal, or airport security check2 point.’’; and 

3 (E) in paragraph (3), as redesignated— 

4 (i) by striking ‘‘paragraph (1)(B)’’ 

5 and inserting ‘‘paragraph (2)(B)’’; and 

6 (ii) by striking ‘‘Under Secretary’’ 

7 each place it appears and inserting ‘‘Ad8 ministrator’’; 

9 (5) in subsection (e)— 

10 (A) in the heading, by striking 

11 ‘‘SCREENED’’ and inserting ‘‘SCREENING’’; 

12 (B) by striking the period at the end and 

13 inserting ‘‘; and’’; 

14 (C) by striking ‘‘The Under Secretary shall’’ 

15 and inserting ‘‘The Administrator shall—’’; 

16 (D) by inserting ‘‘(1)’’ before ‘‘provide Fed17 eral Government’’ and indenting appropriately; 

18 and 

19 (E) by adding at the end the following: 

20 ‘‘(2) undertake covert testing and remedial train21 ing support for employees of private screening compa22 nies providing screening at airports.’’; 

23 (6) in subsection (f)— 

24 (A) in the heading, by inserting ‘‘OR SUS25 PENSION’’ after ‘‘TERMINATION’’; 


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1 (B) by striking ‘‘terminate’’ and inserting 

2 ‘‘suspend or terminate, as appropriate,’’; and 

3 (C) by striking ‘‘Under Secretary’’ each 

4 place it appears and inserting ‘‘Administrator’’; 

5 and 

6 (7) by striking subsection (h). 

7 (b) APPLICATIONS SUBMITTED BEFORE THE DATE OF

8 ENACTMENT.—Not later than 30 days after the date of en9 actment of this Act, the Administrator shall approve or 

10 deny, in accordance with section 44920(b) of title 49, 

11 United States Code, as amended by this Act, each applica12 tion submitted before the date of enactment of this Act, by 

13 an airport operator under subsection (a) of that section, 

14 that is awaiting such a determination. 

15 SEC. 237. SCREENING PERFORMANCE ASSESSMENTS. 

16 Subject to part 1520 of title 49, Code of Federal Regu17 lations, the Administrator shall quarterly make available 

18 to the airport director of an airport— 

19 (1) an assessment of the screening performance of 

20 that airport compared to the mean average perform21 ance of all airports in the equivalent airport category 

22 for screening performance data; and 

23 (2) a briefing on the results of performance data 

24 reports, including— 


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1 (A) a scorecard of objective metrics devel2 oped by the Office of Security Operations to 

3 measure screening performance, such as results of 

4 annual proficiency reviews and covert testing, at 

5 the appropriate level of classification; and 

6 (B) other performance data, including— 

7 (i) passenger throughput; 

8 (ii) wait times; and 

9 (iii) employee attrition, absenteeism, 

10 injury rates, and any other human capital 

11 measures collected by TSA. 

12 SEC. 238. TSA ACADEMY REVIEW. 

13 (a) REVIEW.—Not later than 270 days after the date 

14 of enactment of this Act, the Comptroller General of the 

15 United States shall— 

16 (1) conduct an assessment of the efficiency and 

17 effectiveness of the new-hire TSA Academy at train18 ing airport security personnel compared to when such 

19 training of transportation security officers was con20 ducted at local airports; and 

21 (2) submit to the appropriate committees of Con22 gress a report on the findings of the assessment and 

23 any recommendations to maximize the efficiency and 

24 effectiveness of training for airport security personnel. 

25 (b) CONTENTS.—The assessment shall— 


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1 (1) include a cost-benefit analysis of training 

2 new Transportation Security Officer and Screening 

3 Partnership Program contractor hires at the TSA 

4 Academy compared to when such training of trans5 portation security officers was conducted at local air6 ports; 

7 (2) examine the impact on performance, profes8 sionalism, and retention rates of Transportation Se9 curity Officer and Screening Partnership Program 

10 contractor employees since the new training protocols 

11 at the TSA Academy have been put in place com12 pared to when training was conducted at local air13 ports; and 

14 (3) examine whether new hire training at the 

15 TSA Academy has had any impact on the airports 

16 and companies that participate in the Screening 

17 Partnership Program. 

18 SEC. 239. IMPROVEMENTS FOR SCREENING OF DISABLED 

19 PASSENGERS. 

20 (a) REVISED TRAINING.— 

21 (1) IN GENERAL.—Not later than 180 days after 

22 the date of enactment of this Act, the Administrator, 

23 in consultation with nationally-recognized veterans 

24 and disability organizations, shall revise the training 

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1 lated to the screening of disabled passengers, includ2 ing disabled passengers who participate in the 

3 PreCheck program. 

4 (2) TRAINING SPECIFICATIONS.—In revising the 

5 training requirements under paragraph (1), the Ad6 ministrator shall address the proper screening, and 

7 any particular sensitivities related to the screening, of 

8 a disabled passenger traveling with— 

9 (A) a medical device, including an indwell10 ing medical device; 

11 (B) a prosthetic; 

12 (C) a wheelchair, walker, scooter, or other 

13 mobility device; or 

14 (D) a service animal. 

15 (3) TRAINING FREQUENCY.—The Administrator 

16 shall implement the revised training under paragraph 

17 (1) during initial and recurrent training of all 

18 Transportation Security Officers. 

19 (b) BEST PRACTICES.—The individual at the TSA re20 sponsible for civil rights, liberties, and traveler engagement 

21 shall— 

22 (1) record each complaint from a disabled pas23 senger regarding the screening practice of the TSA; 

24 (2) identify the most frequent concerns raised, or 

25 accommodations requested, in the complaints; 


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1 (3) determine the best practices for addressing 

2 the concerns and requests identified in paragraph (2); 

3 and 

4 (4) recommend appropriate training based on 

5 such best practices. 

6 (c) SIGNAGE.—At each category X airport, the TSA 

7 shall place signage at each security checkpoint that— 

8 (1) specifies how to contact the appropriate TSA 

9 employee at the airport designated to address com10 plaints of screening mistreatment based on disability; 

11 and 

12 (2) describes how to receive assistance from that 

13 individual or other qualified personnel at the security 

14 screening checkpoint. 

15 (d) REPORTS TO CONGRESS.—Not later than Sep16 tember 30 of the first full fiscal year after the date of enact17 ment of this Act, and each fiscal year thereafter, the Admin18 istrator shall submit to the appropriate committees of Con19 gress a report on the checkpoint experiences of disabled pas20 sengers, including the following: 

21 (1) The number and most frequent types of dis22 ability-related complaints received. 

23 (2) The best practices recommended under sub24 section (b) to address the top areas of concern. 


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1 (3) The estimated wait times for assist requests 

2 for disabled passengers, including disabled passengers 

3 who participate in the PreCheck program. 

4 Subtitle D—Foreign Airport 

5 Security 

6 SEC. 241. LAST POINT OF DEPARTURE AIRPORTS; SECURITY 

7 DIRECTIVES. 

8 (a) NOTICE AND CONSULTATION.— 

9 (1) IN GENERAL.—The Administrator shall, to 

10 the maximum extent practicable, consult and notify 

11 the following stakeholders prior to making changes to 

12 security standards via security directives and emer13 gency amendments for last points of departure: 

14 (A) Trade association representatives, for 

15 affected air carriers and airports, who hold the 

16 appropriate security clearances. 

17 (B) The head of each relevant Federal de18 partment or agency, including the Administrator 

19 of the Federal Aviation Administration. 

20 (2) TRANSMITTAL TO CONGRESS.—Not later than 

21 3 days after the date that the Administrator issues a 

22 security directive or emergency amendment for a last 

23 point of departure, the Administrator shall transmit 

24 to the appropriate committees of Congress a descrip25 tion of the extent to which the Administrator conVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 sulted and notified the stakeholders under paragraph 

2 (1). 

3 (b) GAO REPORT.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Comptroller 

6 General of the United States shall review the effective7 ness of the TSA process to update, consolidate, or re8 voke security directives, emergency amendments, and 

9 other policies related to international aviation secu10 rity at last point of departure airports and submit to 

11 the appropriate committees of Congress and the Ad12 ministrator a report on the findings and rec13 ommendations. 

14 (2) CONTENTS.—In conducting the review under 

15 paragraph (1), the Comptroller General shall— 

16 (A) review current security directives, emer17 gency amendments, and any other policies re18 lated to international aviation security at last 

19 point of departure airports; 

20 (B) review the extent of intra-agency and 

21 interagency coordination, stakeholder outreach, 

22 coordination, and feedback; and 

23 (C) recommend any updates, consolidation, 

24 or revocation of such security directives, emer25 gency amendments, and policies. 


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1 (c) RESCREENING.—Subject to section 44901(d)(4)(c) 

2 of title 49, United States Code, upon discovery of specific 

3 threat intelligence, the Administrator shall immediately di4 rect TSA personnel to rescreen passengers and baggage ar5 riving from an airport outside the United States and iden6 tify enhanced measures that should be implemented at that 

7 airport. 

8 (d) NOTIFICATION TO CONGRESS.—Not later than 1 

9 day after the date that the Administrator determines that 

10 a foreign air carrier is in violation of part 1546 of title 

11 49, Code of Federal Regulations, or any other applicable 

12 security requirement, the Administrator shall notify the ap13 propriate committees of Congress. 

14 SEC. 242. TRACKING SECURITY SCREENING EQUIPMENT 

15 FROM LAST POINT OF DEPARTURE AIRPORTS. 

16 (a) DONATION OF SCREENING EQUIPMENT TO PRO17 TECT THE UNITED STATES.—Chapter 449 is amended— 

18 (1) in subchapter I, by adding at the end the fol19 lowing: 

20 ‘‘§ 44929. Donation of screening equipment to protect 

21 the United States 

22 ‘‘(a) IN GENERAL.—Subject to subsection (b), the Ad23 ministrator is authorized to donate security screening 

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1 gate a specific vulnerability to the security of the United 

2 States or United States citizens. 

3 ‘‘(b) CONDITIONS.—Before donating any security 

4 screening equipment to a foreign last point of departure 

5 airport operator the Administrator shall— 

6 ‘‘(1) ensure that the screening equipment has 

7 been restored to commercially available settings; 

8 ‘‘(2) ensure that no TSA-specific security stand9 ards or algorithms exist on the screening equipment; 

10 and 

11 ‘‘(3) verify that the appropriate officials have an 

12 adequate system— 

13 ‘‘(A) to properly maintain and operate the 

14 screening equipment; and 

15 ‘‘(B) to document and track any removal or 

16 disposal of the screening equipment to ensure the 

17 screening equipment does not come into the pos18 session of terrorists or otherwise pose a risk to se19 curity. 

20 ‘‘(c) REPORTS.—Not later than 30 days before any do21 nation of security screening equipment under subsection 

22 (a), the Administrator shall provide to the Committee on 

23 Commerce, Science, and Transportation and the Committee 

24 on Homeland Security and Governmental Affairs of the 

25 Senate and the Committee on Homeland Security of the 


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1 House of Representatives a detailed written explanation of 

2 the following: 

3 ‘‘(1) The specific vulnerability to the United 

4 States or United States citizens that will be mitigated 

5 by such donation. 

6 ‘‘(2) An explanation as to why the recipient of 

7 such donation is unable or unwilling to purchase se8 curity screening equipment to mitigate such vulner9 ability. 

10 ‘‘(3) An evacuation plan for sensitive tech11 nologies in case of emergency or instability in the 

12 country to which such donation is being made. 

13 ‘‘(4) How the Administrator will ensure the secu14 rity screening equipment that is being donated is 

15 used and maintained over the course of its life by the 

16 recipient. 

17 ‘‘(5) The total dollar value of such donation. 

18 ‘‘(6) How the appropriate officials will document 

19 and track any removal or disposal of the screening 

20 equipment by the recipient to ensure the screening 

21 equipment does not come into the possession of terror22 ists or otherwise pose a risk to security.’’; and 

23 (2) in the table of contents, by inserting after the 

24 item relating to section 44928 the following: 

‘‘44929. Donation of screening equipment to protect the United States.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 Section 3204 of the Aviation Security Act of 2016 (49 

3 U.S.C. 44901 note) and the item relating to that section 

4 in the table of contents of that Act are repealed. 

5 (c) RAISING INTERNATIONAL STANDARDS.—Not later 

6 than 90 days after the date of enactment of this Act, the 

7 Administrator shall collaborate with other aviation authori8 ties and the United States Ambassador or the Charge d’Af9 faires to the United States Mission to the International 

10 Civil Aviation Organization, as applicable, to advance a 

11 global standard for each international airport to document 

12 and track the removal and disposal of any security screen13 ing equipment to ensure the screening equipment does not 

14 come into the possession of terrorists or otherwise pose a 

15 risk to security. 

16 SEC. 243. INTERNATIONAL SECURITY STANDARDS. 

17 (a) NOTIFICATION.—Not later than 90 days after the 

18 date of enactment of this Act, the Administrator, in con19 sultation with the United States Ambassador to the Inter20 national Civil Aviation Organization, shall notify the Com21 mittee on Commerce, Science, and Transportation and the 

22 Committee on Foreign Relations of the Senate, and the 

23 Committee on Homeland Security and the Committee on 

24 Foreign Affairs of the House of Representatives of proposed 

25 international improvements to aviation security. 


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1 (b) SECURITY ENHANCEMENT PROPOSALS.—Subject to 

2 subsection (a), the Administrator and Ambassador shall 

3 take such action at the International Civil Aviation Orga4 nization as the Administrator and Ambassador consider 

5 necessary to advance aviation security improvement pro6 posals, including if practicable, introducing a resolution to 

7 raise minimum standards for aviation security. 

8 (c) BRIEFINGS TO CONGRESS.—Beginning not later 

9 than 180 days after the date of enactment of this Act, and 

10 periodically thereafter, the Administrator, in consultation 

11 with the Ambassador, shall brief the Committee on Com12 merce, Science, and Transportation and the Committee on 

13 Foreign Relations of the Senate, and the Committee on 

14 Homeland Security and the Committee on Foreign Affairs 

15 of the House of Representatives on the implementation of 

16 subsection (a). 

17 Subtitle E—Cockpit and Cabin 

18 Security 

19 SEC. 251. FEDERAL AIR MARSHAL SERVICE UPDATES. 

20 (a) STANDARDIZATION.—Not later than 60 days after 

21 the date of enactment of this Act, the Administrator shall 

22 develop a standard written agreement that shall be the basis 

23 of all negotiations and agreements that begin after the date 

24 of enactment of this Act between the United States and for25 eign governments or partners regarding the presence of FedVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 eral air marshals on flights to and from the United States, 

2 including deployment, technical assistance, and informa3 tion sharing. 

4 (b) WRITTEN AGREEMENTS.—Except as provided in 

5 subsection (c), not later than 180 days after the date of en6 actment of this Act, all agreements between the United 

7 States and foreign governments or partners regarding the 

8 presence of Federal air marshals on flights to and from the 

9 United States shall be in writing and signed by the Admin10 istrator or other authorized United States Government rep11 resentative. 

12 (c) EXCEPTION.—The Administrator may schedule 

13 Federal air marshal service on flights operating to a foreign 

14 country with which no written agreement is in effect if the 

15 Administrator determines that— 

16 (1) such mission is necessary for aviation secu17 rity; and 

18 (2) the requirements of subsection (d)(2) are met. 

19 (d) NOTIFICATION TO CONGRESS.— 

20 (1) WRITTEN AGREEMENTS.—Not later than 30 

21 days after the date that the Administrator enters into 

22 a written agreement under this section, the Adminis23 trator shall transmit to the appropriate committees of 

24 Congress a copy of the agreement. 


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1 (2) NO WRITTEN AGREEMENTS.—The Adminis2 trator shall submit to the appropriate committees of 

3 Congress— 

4 (A) not later than 30 days after the date of 

5 enactment of this Act, a list of each foreign gov6 ernment or partner that does not have a written 

7 agreement under this section, including an ex8 planation for why no written agreement exists 

9 and a justification for the determination that 

10 such a mission is necessary for aviation security; 

11 and 

12 (B) not later than 30 days after the date 

13 that the Administrator makes a determination to 

14 schedule Federal air marshal service on flights 

15 operating to a foreign country with which no 

16 written agreement is in effect under subsection 

17 (c), the name of the applicable foreign govern18 ment or partner, an explanation for why no 

19 written agreement exists, and a justification for 

20 the determination that such mission is necessary 

21 for aviation security. 

22 (e) MISSION SCHEDULING AUTOMATION.—The Admin23 istrator shall endeavor to acquire automated capabilities or 

24 technologies for scheduling Federal air marshal service mis25 sions based on current risk modeling. 


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1 SEC. 252. CREW MEMBER SELF-DEFENSE TRAINING. 

2 The Administrator, in consultation with the Adminis3 trator of the Federal Aviation Administration, shall con4 tinue to carry out and encourage increased participation 

5 by air carrier employees in the voluntary self-defense train6 ing program under section 44918(b) of title 49, United 

7 States Code. 

8 SEC. 253. FLIGHT DECK SAFETY AND SECURITY. 

9 (a) THREAT ASSESSMENT.—Not later than 90 days 

10 after the date of enactment of this Act, the Administrator, 

11 in consultation with the Administrator of the Federal Avia12 tion Administration, shall complete a detailed threat assess13 ment to identify any safety or security risks associated with 

14 unauthorized access to the flight decks on commercial air15 craft and any appropriate measures that should be taken 

16 based on the risks. 

17 (b) RTCA REPORT.—The Administrator, in coordina18 tion with the Administrator of the Federal Aviation Admin19 istration, shall disseminate RTCA Document (DO–329) 

20 Aircraft Secondary Barriers and Alternative Flight Deck 

21 Security Procedure to aviation stakeholders, including air 

22 carriers and flight crew, to convey effective methods and 

23 best practices to protect the flight deck. 


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1 SEC. 254. CARRIAGE OF WEAPONS, EXPLOSIVES, AND IN2 CENDIARIES BY INDIVIDUALS. 

3 (a) INTERPRETIVE RULE.—Subject to subsections (b) 

4 and (c), the Administrator shall periodically review and 

5 amend, as necessary, the interpretive rule (68 Fed. Reg. 

6 7444) that provides guidance to the public on the types of 

7 property considered to be weapons, explosives, and incendi8 aries prohibited under section 1540.111 of title 49, Code 

9 of Federal Regulations. 

10 (b) CONSIDERATIONS.—Before determining whether to 

11 amend the interpretive rule to include or remove an item 

12 from the prohibited list, the Administrator shall— 

13 (1) research and evaluate— 

14 (A) the impact, if any, the amendment 

15 would have on security risks; 

16 (B) the impact, if any, the amendment 

17 would have on screening operations, including 

18 effectiveness and efficiency; and 

19 (C) whether the amendment is consistent 

20 with international standards and guidance, in21 cluding of the International Civil Aviation Or22 ganization; and 

23 (2) consult with appropriate aviation security 

24 stakeholders, including ASAC. 

25 (c) EXCEPTIONS.—Except for plastic or round bladed 

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1 pretive rule described in subsection (a) to authorize any 

2 knife to be permitted in an airport sterile area or in the 

3 cabin of an aircraft. 

4 (d) NOTIFICATION.—The Administrator shall— 

5 (1) publish in the Federal Register any amend6 ment to the interpretive rule described in subsection 

7 (a); and 

8 (2) notify the appropriate committees of Con9 gress of the amendment not later than 3 days before 

10 publication under paragraph (1). 

11 SEC. 255. FEDERAL FLIGHT DECK OFFICER PROGRAM IM12 PROVEMENTS. 

13 (a) IMPROVED ACCESS TO TRAINING FACILITIES.— 

14 Section 44921(c)(2)(C)(ii) is amended— 

15 (1) by striking ‘‘The training of’’ and inserting 

16 the following: 

17 ‘‘(I) IN GENERAL.—The training 

18 of’’; 

19 (2) in subclause (I), as designated, by striking 

20 ‘‘approved by the Under Secretary’’; and 

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

22 ‘‘(II) ACCESS TO TRAINING FA23 CILITIES.—Not later than 180 days 

24 after the date of enactment of the TSA 

25 Modernization Act, the Administrator 


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1 shall designate additional firearms 

2 training facilities located in various 

3 regions of the United States for Federal 

4 flight deck officers for recurrent and re5 qualifying training relative to the 

6 number of such facilities available on 

7 the day before such date of enact8 ment.’’. 

9 (b) FIREARMS REQUALIFICATION.—Section 

10 44921(c)(2)(C) is amended— 

11 (1) in clause (iii)— 

12 (A) by striking ‘‘The Under Secretary 

13 shall’’ and inserting the following: 

14 ‘‘(I) IN GENERAL.—The Adminis15 trator shall’’; 

16 (B) in subclause (I), as designated by sub17 paragraph (A), by striking ‘‘the Under Sec18 retary’’ and inserting ‘‘the Administrator’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(II) USE OF FACILITIES FOR RE21 QUALIFICATION.—The Administrator 

22 shall allow a Federal flight deck officer 

23 to requalify to carry a firearm under 

24 the program through training at a 

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1 tion-approved firearms training facil2 ity utilizing a Transportation Security 

3 Administration-approved contractor 

4 and a curriculum developed and ap5 proved by the Transportation Security 

6 Administration.’’; and 

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

8 ‘‘(iv) PERIODIC REVIEW.—The Admin9 istrator shall periodically review requali10 fication training intervals and assess 

11 whether it is appropriate and sufficient to 

12 adjust the time between each requalification 

13 training to facilitate continued participa14 tion in the program under this section while 

15 still maintaining effectiveness of the train16 ing, and update the training requirements 

17 as appropriate.’’. 

18 (c) TRAINING REVIEW.—Section 44921(c)(2) is 

19 amended by adding at the end the following: 

20 ‘‘(D) TRAINING REVIEW.—The Adminis21 trator shall periodically review training require22 ments for initial and recurrent training for Fed23 eral flight deck officers and evaluate how train24 ing requirements, including the length of train25 ing, could be streamlined while maintaining the 


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1 effectiveness of the training, and update the 

2 training requirements as appropriate.’’. 

3 (d) OTHER MEASURES TO FACILITATE TRAINING.— 

4 Section 44921(e) is amended— 

5 (1) by striking ‘‘Pilots participating’’ and in6 serting the following: 

7 ‘‘(1) IN GENERAL.—Pilots participating’’; and 

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

9 ‘‘(2) FACILITATION OF TRAINING.—An air car10 rier shall permit a pilot seeking to be deputized as a 

11 Federal flight deck officer or a Federal flight deck offi12 cer to take a reasonable amount of leave to partici13 pate in initial, recurrent, or requalification training, 

14 as applicable, for the program. Leave required under 

15 this paragraph may be provided without compensa16 tion.’’. 

17 (e) INTERNATIONAL HARMONIZATION.—Section 

18 44921(f) is amended— 

19 (1) in paragraphs (1) and (3), by striking 

20 ‘‘Under Secretary’’ and inserting ‘‘Administrator’’; 

21 and 

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

23 ‘‘(4) CONSISTENCY WITH FEDERAL AIR MARSHAL

24 PROGRAM.—The Administrator shall harmonize, to 

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1 riage of firearms on flights in foreign air transpor2 tation by Federal flight deck officers with the policies 

3 of the Federal air marshal program for carrying fire4 arms on such flights and carrying out the duties of 

5 a Federal flight deck officer, notwithstanding Annex 

6 17 of the International Civil Aviation Organization.’’. 

7 (f) PHYSICAL STANDARDS.—Section 44921(d)(2) is 

8 amended— 

9 (1) by redesignating subparagraphs (A), (B), 

10 and (C) as clauses (i), (ii), and (iii), respectively; 

11 (2) in clause (ii), as redesignated, by striking 

12 ‘‘Under Secretary’s’’ and inserting ‘‘Administrator’s’’; 

13 (3) by striking ‘‘A pilot is’’ and inserting the fol14 lowing: 

15 ‘‘(A) IN GENERAL.—A pilot is’’; and 

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

17 ‘‘(B) CONSISTENCY WITH REQUIREMENTS

18 FOR CERTAIN MEDICAL CERTIFICATES.—In es19 tablishing standards under subparagraph 

20 (A)(ii), the Administrator may not establish 

21 medical or physical standards for a pilot to be22 come a Federal flight deck officer that are incon23 sistent with or more stringent than the require24 ments of the Federal Aviation Administration 

25 for the issuance of the required airman medical 


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1 certificate under part 67 of title 14, Code of Fed2 eral Regulations (or any corresponding similar 

3 regulation or ruling).’’. 

4 (g) TRANSFER OF STATUS.—Section 44921(d) is 

5 amended by adding at the end the following: 

6 ‘‘(5) TRANSFER FROM INACTIVE TO ACTIVE STA7 TUS.—In accordance with any applicable Transpor8 tation Security Administration appeals processes, a 

9 pilot deputized as a Federal flight deck officer who 

10 moves to inactive status may return to active status 

11 upon successful completion of a recurrent training 

12 program administered within program guidelines.’’. 

13 (h) TECHNICAL CORRECTIONS.—Section 44921, as 

14 amended by this section, is further amended— 

15 (1) in subsection (a), by striking ‘‘Under Sec16 retary of Transportation for Security’’ and inserting 

17 ‘‘Administrator’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘Not later 

20 than 3 months after the date of enactment of this 

21 section, the Under Secretary’’ and inserting ‘‘The 

22 Administrator’’; 

23 (B) in paragraph (2), by striking ‘‘Begin24 ning 3 months after the date of enactment of this 

25 section, the Under Secretary shall begin the procVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 ess of training and deputizing’’ and inserting 

2 ‘‘The Administrator shall train and deputize’’; 

3 and 

4 (C) in paragraph (3)(N), by striking 

5 ‘‘Under Secretary’s’’ and inserting ‘‘Administra6 tor’s’’; 

7 (3) in subsection (d)(4)— 

8 (A) by striking ‘‘may,’’ and inserting 

9 ‘‘may’’; and 

10 (B) by striking ‘‘Under Secretary’s’’ and in11 serting ‘‘Administrator’s’’; 

12 (4) in subsection (i)(2), by striking ‘‘the Under 

13 Secretary may’’ and inserting ‘‘may’’; 

14 (5) in subsection (k)— 

15 (A) by striking paragraphs (2) and (3); and 

16 (B) by striking ‘‘APPLICABILITY.—’’ and all 

17 that follows through ‘‘This section’’ and inserting 

18 ‘‘APPLICABILITY.—This section’’; 

19 (6) by adding at the end the following: 

20 ‘‘(l) DEFINITIONS.—In this section: 

21 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis22 trator’ means the Administrator of the Transpor23 tation Security Administration. 

24 ‘‘(2) AIR TRANSPORTATION.—The term ‘air 

25 transportation’ includes all-cargo air transportation. 


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1 ‘‘(3) FIREARMS TRAINING FACILITY.—The term 

2 ‘firearms training facility’ means a private or gov3 ernment-owned gun range approved by the Adminis4 trator to provide recurrent or requalification train5 ing, as applicable, for the program, utilizing a Trans6 portation Security Administration-approved con7 tractor and a curriculum developed and approved by 

8 the Transportation Security Administration. 

9 ‘‘(4) PILOT.—The term ‘pilot’ means an indi10 vidual who has final authority and responsibility for 

11 the operation and safety of the flight or any other 

12 flight deck crew member.’’; and 

13 (7) by striking ‘‘Under Secretary’’ each place it 

14 appears and inserting ‘‘Administrator’’. 

15 (i) SENSITIVE SECURITY INFORMATION.—Not later 

16 than 180 days after the date of enactment of this Act— 

17 (1) the Secretary of Transportation shall revise 

18 section 15.5(b)(11) of title 49, Code of Federal Regu19 lations, to classify information about pilots deputized 

20 as Federal flight deck officers under section 44921 of 

21 title 49, United States Code, as sensitive security in22 formation in a manner consistent with the classifica23 tion of information about Federal air marshals; and 

24 (2) the Administrator shall revise section 

25 1520.5(b)(11) of title 49, Code of Federal Regulations, 


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1 to classify information about pilots deputized as Fed2 eral flight deck officers under section 44921 of title 

3 49, United States Code, as sensitive security informa4 tion in a manner consistent with the classification of 

5 information about Federal air marshals. 

6 (j) REGULATIONS.—Not later than 180 days after the 

7 date of enactment of this Act, the Administrator shall pre8 scribe such regulations as may be necessary to carry out 

9 this section and the amendments made by this section. 

10 TITLE III—CONFORMING AND 

11 MISCELLANEOUS AMENDMENTS 

12 SEC. 301. TITLE 49 AMENDMENTS. 

13 (a) DELETION OF DUTIES RELATED TO AVIATION SE14 CURITY.—Section 106(g) is amended to read as follows: 

15 ‘‘(g) DUTIES AND POWERS OF ADMINISTRATOR.—The 

16 Administrator shall carry out the following: 

17 ‘‘(1) Duties and powers of the Secretary of 

18 Transportation under subsection (f) of this section re19 lated to aviation safety (except those related to trans20 portation, packaging, marking, or description of haz21 ardous material) and stated in the following: 

22 ‘‘(A) Section 308(b). 

23 ‘‘(B) Subsections (c) and (d) of section 

24 1132. 


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1 ‘‘(C) Sections 40101(c), 40103(b), 40106(a), 

2 40108, 40109(b), 40113(a), 40113(c), 40113(d), 

3 40113(e), and 40114(a). 

4 ‘‘(D) Chapter 445, except sections 44501(b), 

5 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 

6 44506, 44509, 44510, 44514, and 44515. 

7 ‘‘(E) Chapter 447, except sections 44717, 

8 44718(a), 44718(b), 44719, 44720, 44721(b), 

9 44722, and 44723. 

10 ‘‘(F) Chapter 451. 

11 ‘‘(G) Chapter 453. 

12 ‘‘(H) Section 46104. 

13 ‘‘(I) Subsections (d) and (h)(2) of section 

14 46301 and sections 46303(c), 46304 through 

15 46308, 46310, 46311, and 46313 through 46316. 

16 ‘‘(J) Chapter 465. 

17 ‘‘(K) Sections 47504(b) (related to flight 

18 procedures), 47508(a), and 48107. 

19 ‘‘(2) Additional duties and powers prescribed by 

20 the Secretary of Transportation.’’. 

21 (b) TRANSPORTATION SECURITY OVERSIGHT

22 BOARD.—Section 115 is amended— 

23 (1) in subsection (c)(1), by striking ‘‘Under Sec24 retary of Transportation for security’’ and inserting 


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1 ‘‘Administrator of the Transportation Security Ad2 ministration’’; and 

3 (2) in subsection (c)(6), by striking ‘‘Under Sec4 retary’’ and inserting ‘‘Administrator’’. 

5 (c) CHAPTER 401 AMENDMENTS.—Chapter 401 is 

6 amended— 

7 (1) in section 40109— 

8 (A) in subsection (b), by striking ‘‘, 40119, 

9 44901, 44903, 44906, and 44935–44937’’; and 

10 (B) in subsection (c), by striking ‘‘sections 

11 44909 and’’ and inserting ‘‘sections 44909(a), 

12 44909(b), and’’; 

13 (2) in section 40113— 

14 (A) in subsection (a)— 

15 (i) by striking ‘‘the Under Secretary of 

16 Transportation for Security with respect to 

17 security duties and powers designated to be 

18 carried out by the Under Secretary or’’ and 

19 inserting ‘‘the Administrator of the Trans20 portation Security Administration with re21 spect to security duties and powers des22 ignated to be carried out by that Adminis23 trator or’’; 


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1 (ii) by striking ‘‘carried out by the Ad2 ministrator’’ and inserting ‘‘carried out by 

3 that Administrator’’; and 

4 (iii) by striking ‘‘, Under Secretary, or 

5 Administrator,’’ and inserting ‘‘, Adminis6 trator of the Transportation Security Ad7 ministration, or Administrator of the Fed8 eral Aviation Administration,’’; and 

9 (B) in subsection (d)— 

10 (i) by striking ‘‘Under Secretary of 

11 Transportation for Security or the’’; 

12 (ii) by striking ‘‘Transportation Secu13 rity Administration or Federal Aviation 

14 Administration, as the case may be,’’ and 

15 inserting ‘‘Federal Aviation Administra16 tion’’; and 

17 (iii) by striking ‘‘Under Secretary or 

18 Administrator, as the case may be,’’ and in19 serting ‘‘Administrator’’; 

20 (3) by striking section 40119; and 

21 (4) in the table of contents, by striking the item 

22 relating to section 40119 and inserting the following: 

‘‘40119. [Reserved].’’. 

23 (d) CHAPTER 449 AMENDMENTS.—Chapter 449 is 

24 amended— 

25 (1) in section 44901— 


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1 (A) in subsection (a)— 

2 (i) by striking ‘‘Under Secretary of 

3 Transportation for Security’’ and inserting 

4 ‘‘Administrator of the Transportation Secu5 rity Administration’’; and 

6 (ii) by striking ‘‘, United States Code’’; 

7 (B) in subsection (c), by striking ‘‘but not 

8 later than the 60th day following the date of en9 actment of the Aviation and Transportation Se10 curity Act’’; 

11 (C) in subsection (d)— 

12 (i) in paragraph (1)— 

13 (I) in the matter preceding sub14 paragraph (A), by striking ‘‘Under 

15 Secretary of Transportation for Secu16 rity’’ and inserting ‘‘Administrator of 

17 the Transportation Security Adminis18 tration’’; and 

19 (II) in subparagraph (A), by 

20 striking ‘‘no later than December 31, 

21 2002’’; 

22 (ii) by striking paragraphs (2) and 

23 (3); 

24 (iii) by redesignating paragraph (4) as 

25 paragraph (2); and 


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1 (iv) in paragraph (2), as redesig2 nated— 

3 (I) in subparagraph (A), by strik4 ing ‘‘Assistant Secretary (Transpor5 tation Security Administration)’’ and 

6 inserting ‘‘Administrator of the Trans7 portation Security Administration’’; 

8 (II) in subparagraph (B), by 

9 striking ‘‘Assistant Secretary’’ and in10 serting ‘‘Administrator of the Trans11 portation Security Administration’’; 

12 and 

13 (III) in subparagraph (D)— 

14 (aa) by striking ‘‘Assistant 

15 Secretary’’ the first place it ap16 pears and inserting ‘‘Adminis17 trator of the Transportation Secu18 rity Administration’’; and 

19 (bb) by striking ‘‘Assistant 

20 Secretary’’ the second place it ap21 pears and inserting ‘‘Adminis22 trator’’; 

23 (D) in subsection (e)— 

24 (i) in that matter preceding paragraph 

25 (1)— 


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1 (I) by striking ‘‘but not later than 

2 the 60th day following the date of en3 actment of the Aviation and Transpor4 tation Security Act’’; and 

5 (II) by striking ‘‘Under Sec6 retary’’ and inserting ‘‘Administrator 

7 of the Transportation Security Admin8 istration’’; and 

9 (ii) in paragraph (4), by striking 

10 ‘‘Under Secretary’’ and inserting ‘‘Adminis11 trator’’; 

12 (E) in subsection (f), by striking ‘‘after the 

13 date of enactment of the Aviation and Transpor14 tation Security Act’’; 

15 (F) in subsection (g)— 

16 (i) in paragraph (1), by striking ‘‘Not 

17 later than 3 years after the date of enact18 ment of the Implementing Recommenda19 tions of the 9/11 Commission Act of 2007, 

20 the’’ and inserting ‘‘The’’; 

21 (ii) in paragraph (2), by striking ‘‘as 

22 follows:’’ and all that follows and inserting 

23 a period; 

24 (iii) by amending paragraph (3) to 

25 read as follows: 


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1 ‘‘(3) REGULATIONS.—The Secretary of Home2 land Security shall issue a final rule as a permanent 

3 regulation to implement this subsection in accordance 

4 with the provisions of chapter 5 of title 5.’’; 

5 (iv) by striking paragraph (4); and 

6 (v) by redesignating paragraph (5) as 

7 paragraph (4); 

8 (G) in subsection (h)— 

9 (i) in paragraph (1), by striking 

10 ‘‘Under Secretary’’ and inserting ‘‘Adminis11 trator of the Transportation Security Ad12 ministration’’; and 

13 (ii) in paragraph (2)— 

14 (I) by striking ‘‘Under Secretary’’ 

15 the first place it appears and inserting 

16 ‘‘Administrator of the Transportation 

17 Security Administration’’; and 

18 (II) by striking ‘‘Under Sec19 retary’’ each place it appears and in20 serting ‘‘Administrator’’; 

21 (H) in subsection (i)— 

22 (i) in the matter preceding paragraph 

23 (1), by striking ‘‘Under Secretary’’ and in24 serting ‘‘Administrator of the Transpor25 tation Security Administration’’; and 


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1 (ii) in paragraph (2), by striking 

2 ‘‘Under Secretary’’ and inserting ‘‘Adminis3 trator’’; 

4 (I) in subsection (j)(1)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘Before January 1, 

7 2008, the’’ and inserting ‘‘The’’; and 

8 (ii) in subparagraph (A), by striking 

9 ‘‘the date of enactment of this subsection’’ 

10 and inserting ‘‘August 3, 2007’’; 

11 (J) in subsection (k)— 

12 (i) in paragraph (1), by striking ‘‘Not 

13 later than one year after the date of enact14 ment of this subsection, the’’ and inserting 

15 ‘‘The’’; 

16 (ii) in paragraph (2), by striking ‘‘Not 

17 later than 6 months after the date of enact18 ment of this subsection, the’’ and inserting 

19 ‘‘The’’; and 

20 (iii) in paragraph (3), by striking 

21 ‘‘Not later than 180 days after the date of 

22 enactment of this subsection, the’’ in para23 graph (3) and inserting ‘‘The’’; and 

24 (K) in subsection (l)— 

25 (i) in paragraph (2)— 


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1 (I) in the matter preceding sub2 paragraph (A), by striking ‘‘Beginning 

3 June 1, 2012, the Assistant Secretary 

4 of Homeland Security (Transportation 

5 Security Administration)’’ and insert6 ing ‘‘The Administrator of the Trans7 portation Security Administration’’; 

8 and 

9 (II) in subparagraph (B), by 

10 striking ‘‘Assistant Secretary’’ and in11 serting ‘‘Administrator’’; 

12 (ii) in paragraph (3)— 

13 (I) in subparagraph (A)— 

14 (aa) by striking ‘‘Assistant 

15 Secretary’’ the first place it ap16 pears and inserting ‘‘Adminis17 trator of the Transportation Secu18 rity Administration’’; and 

19 (bb) by striking ‘‘Assistant 

20 Secretary’’ the second place it ap21 pears and inserting ‘‘Adminis22 trator’’; and 

23 (II) in subparagraph (B), by 

24 striking ‘‘Assistant Secretary’’ and in25 serting ‘‘Administrator of the TransVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 portation Security Administration’’; 

2 and 

3 (iii) in paragraph (4)— 

4 (I) in subparagraph (A)— 

5 (aa) by striking ‘‘60 days 

6 after the deadline specified in 

7 paragraph (2), and not later 

8 than’’; 

9 (bb) by striking ‘‘Assistant 

10 Secretary’’ the first place it ap11 pears and inserting ‘‘Adminis12 trator of the Transportation Secu13 rity Administration’’; and 

14 (cc) by striking ‘‘Assistant 

15 Secretary’’ the second place it ap16 pears and inserting ‘‘Adminis17 trator’’; and 

18 (II) in subparagraph (B), by 

19 striking ‘‘Assistant Secretary’’ each 

20 place it appears and inserting ‘‘Ad21 ministrator of the Transportation Se22 curity Administration’’; 

23 (2) section 44902 is amended— 

24 (A) in subsection (a), by striking ‘‘Under 

25 Secretary of Transportation for Security’’ and 


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1 inserting ‘‘Administrator of the Transportation 

2 Security Administration’’; and 

3 (B) in subsection (b), by striking ‘‘Under 

4 Secretary’’ and inserting ‘‘Administrator of the 

5 Transportation Security Administration’’; 

6 (3) section 44903 is amended— 

7 (A) in subsection (a)— 

8 (i) in the heading, by striking ‘‘DEFI9 NITION’’ and inserting ‘‘DEFINITIONS’’; 

10 (ii) by redesignating paragraphs (1) 

11 through (3) as subparagraphs (A) through 

12 (C), respectively; 

13 (iii) in subparagraph (B), as redesig14 nated, by striking ‘‘Under Secretary of 

15 Transportation for Security’’ and inserting 

16 ‘‘Administrator’’; 

17 (iv) in the matter preceding subpara18 graph (A), as redesignated, by striking ‘‘In 

19 this section, ‘law enforcement personnel’ 

20 means individuals—’’ and inserting ‘‘In 

21 this section:’’; 

22 (v) by inserting before subparagraph 

23 (A), the following: 


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1 ‘‘(2) LAW ENFORCEMENT PERSONNEL.—The term 

2 ‘law enforcement personnel’ means individuals—’’; 

3 and 

4 (vi) by inserting before paragraph (2), 

5 as redesignated, the following: 

6 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis7 trator’ means the Administrator of the Transpor8 tation Security Administration.’’; 

9 (B) in subsection (d), by striking ‘‘Sec10 retary of Transportation’’ and inserting ‘‘Ad11 ministrator’’; 

12 (C) in subsection (g), by striking ‘‘Under 

13 Secretary’s’’ each place it appears and inserting 

14 ‘‘Administrator’s’’; 

15 (D) in subsection (h)— 

16 (i) in paragraph (3), by striking ‘‘Sec17 retary’’ and inserting ‘‘Secretary of Home18 land Security’’; 

19 (ii) in paragraph (4)— 

20 (I) in subparagraph (A), by strik21 ing ‘‘, as soon as practicable after the 

22 date of enactment of this subsection,’’; 

23 (II) in subparagraph (C), by 

24 striking ‘‘section 44903(c)’’ and insert25 ing ‘‘subsection (c)’’; and 


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1 (III) in subparagraph (E), by 

2 striking ‘‘, not later than March 31, 

3 2005,’’; 

4 (iii) in paragraph (5), by striking 

5 ‘‘Assistant Secretary of Homeland Security 

6 (Transportation Security Administration)’’ 

7 and inserting ‘‘Administrator’’; 

8 (iv) in paragraph (6)(A)— 

9 (I) in the matter preceding clause 

10 (i), by striking ‘‘Not later than 18 

11 months after the date of enactment of 

12 the Implementing Recommendations of 

13 the 9/11 Commission Act of 2007, the’’ 

14 and inserting ‘‘The’’; and 

15 (II) in clause (i), by striking ‘‘sec16 tion’’ and inserting ‘‘paragraph’’; and 

17 (v) in paragraph (6)(C), by striking 

18 ‘‘Secretary’’ and inserting ‘‘Secretary of 

19 Homeland Security’’; 

20 (E) in subsection (i)(3), by striking ‘‘, after 

21 the date of enactment of this paragraph,’’; 

22 (F) in subsection (j)— 

23 (i) by amending paragraph (1) to read 

24 as follows: 


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1 ‘‘(1) IN GENERAL.—The Administrator shall pe2 riodically recommend to airport operators commer3 cially available measures or procedures to prevent ac4 cess to secure airport areas by unauthorized persons.’’; 

5 (ii) in paragraph (2)— 

6 (I) in the heading, by striking 

7 ‘‘COMPUTER-ASSISTED PASSENGER

8 PRESCREENING SYSTEM’’ and inserting 

9 ‘‘SECURE FLIGHT PROGRAM’’; 

10 (II) in subparagraph (A)— 

11 (aa) by striking ‘‘Computer12 Assisted Passenger Prescreening 

13 System’’ and inserting ‘‘Secure 

14 Flight program’’; 

15 (bb) by striking ‘‘Secretary of 

16 Transportation’’ and inserting 

17 ‘‘Administrator’’; and 

18 (cc) by striking ‘‘system’’ 

19 each place it appears and insert20 ing ‘‘program’’; 

21 (III) in subparagraph (B)— 

22 (aa) by striking ‘‘Computer23 Assisted Passenger Prescreening 

24 System’’ and inserting ‘‘Secure 

25 Flight program’’; 


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1 (bb) by striking ‘‘Secretary of 

2 Transportation’’ and inserting 

3 ‘‘Administrator’’; and 

4 (cc) by striking ‘‘Secretary’’ 

5 and inserting ‘‘Administrator’’; 

6 (IV) in subparagraph (C)— 

7 (aa) in clause (i), by striking 

8 ‘‘Not later than January 1, 2005, 

9 the Assistant Secretary of Home10 land Security (Transportation Se11 curity Administration), or the 

12 designee of the Assistant Sec13 retary,’’ and inserting ‘‘The Ad14 ministrator’’; 

15 (bb) in clause (ii), by strik16 ing ‘‘Not later than 180 days after 

17 completion of testing under clause 

18 (i), the’’ and inserting ‘‘The’’; and 

19 (cc) in clause (iv), by strik20 ing ‘‘Not later than 180 days 

21 after’’ and inserting ‘‘After’’; 

22 (V) in subparagraph (D), by 

23 striking ‘‘Assistant Secretary of Home24 land Security (Transportation SecuVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 rity Administration)’’ and inserting 

2 ‘‘Administrator’’; 

3 (VI) in subparagraph (E)(i), by 

4 striking ‘‘Not later than 90 days after 

5 the date on which the Assistant Sec6 retary assumes the performance of the 

7 advanced passenger prescreening func8 tion under subparagraph (C)(ii), the’’ 

9 and inserting ‘‘The Administrator’’; 

10 and 

11 (VII) by striking ‘‘Assistant Sec12 retary’’ each place it appears and in13 serting ‘‘Administrator’’; 

14 (G) in subsection (l), by striking ‘‘Under 

15 Secretary for Border and Transportation Secu16 rity of the Department of Homeland Security’’ 

17 and inserting ‘‘Administrator’’; 

18 (H) in subsection (m)— 

19 (i) in paragraph (1), by striking ‘‘As20 sistant Secretary of Homeland Security 

21 (Transportation Security Administration)’’ 

22 and inserting ‘‘Administrator’’; and 

23 (ii) by striking ‘‘Assistant Secretary’’ 

24 each place it appears and inserting ‘‘Ad25 ministrator’’; and 


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1 (I) by striking ‘‘Under Secretary’’ each 

2 place it appears and inserting ‘‘Administrator’’; 

3 (4) section 44904 is amended— 

4 (A) in subsection (a), by striking ‘‘Under 

5 Secretary of Transportation for Security’’ and 

6 inserting ‘‘Administrator of the Transportation 

7 Security Administration’’; 

8 (B) in subsection (c)— 

9 (i) by striking ‘‘section 114(t)(3)’’ and 

10 inserting ‘‘section 114(s)(3)’’; and 

11 (ii) by striking ‘‘section 114(t)’’ and 

12 inserting ‘‘section 114(s)’’; 

13 (C) in subsection (d)— 

14 (i) by striking ‘‘Not later than 90 days 

15 after the date of the submission of the Na16 tional Strategy for Transportation Security 

17 under section 114(t)(4)(A), the Assistant 

18 Secretary of Homeland Security (Transpor19 tation Security Administration)’’ and in20 serting ‘‘The Administrator of the Trans21 portation Security Administration’’; and 

22 (ii) by striking ‘‘section 114(t)(1)’’ and 

23 inserting ‘‘section 114(s)(1)’’; and 


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1 (D) by striking ‘‘Under Secretary’’ each 

2 place it appears and inserting ‘‘Administrator of 

3 the Transportation Security Administration’’; 

4 (5) section 44905 is amended— 

5 (A) in subsection (a)— 

6 (i) by striking ‘‘Secretary of Transpor7 tation’’ and inserting ‘‘Administrator of the 

8 Transportation Security Administration’’; 

9 and 

10 (ii) by striking ‘‘Secretary.’’ and in11 serting ‘‘Administrator.’’; 

12 (B) in subsection (b), by striking ‘‘Under 

13 Secretary of Transportation for Security’’ and 

14 inserting ‘‘Administrator of the Transportation 

15 Security Administration’’; and 

16 (C) in subsections (c), (d), and (f), by strik17 ing ‘‘Under Secretary’’ each place it appears and 

18 inserting ‘‘Administrator of the Transportation 

19 Security Administration’’; 

20 (6) section 44906 is amended— 

21 (A) by striking ‘‘Under Secretary of Trans22 portation for Security’’ and inserting ‘‘Adminis23 trator of the Transportation Security Adminis24 tration’’; and 


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1 (B) by striking ‘‘Under Secretary’’ each 

2 place it appears and inserting ‘‘Administrator’’; 

3 (7) section 44908 is amended— 

4 (A) by striking ‘‘Secretary of Transpor5 tation’’ each place it appears and inserting ‘‘Ad6 ministrator of the Transportation Security Ad7 ministration’’; 

8 (B) in subsection (a), by striking ‘‘safety 

9 or’’; and 

10 (C) in subsection (c), by striking ‘‘The Sec11 retary’’ and inserting ‘‘The Administrator’’; 

12 (8) section 44909 is amended— 

13 (A) in subsection (a)(1), by striking ‘‘Not 

14 later than March 16, 1991, the’’ and inserting 

15 ‘‘The’’; and 

16 (B) in subsection (c)— 

17 (i) in paragraph (1), by striking ‘‘Not 

18 later than 60 days after the date of enact19 ment of the Aviation and Transportation 

20 Security Act, each’’ and inserting ‘‘Each’’; 

21 (ii) in paragraphs (2)(F) and (5), by 

22 striking ‘‘Under Secretary’’ and inserting 

23 ‘‘Administrator of the Transportation Secu24 rity Administration’’; and 

25 (iii) in paragraph (6)— 


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1 (I) in subparagraph (A), by strik2 ing ‘‘Not later than 60 days after date 

3 of enactment of this paragraph, the’’ 

4 and inserting ‘‘The’’; and 

5 (II) in subparagraph (B)(ii)— 

6 (aa) by striking ‘‘the Sec7 retary will’’ and inserting ‘‘the 

8 Secretary of Homeland Security 

9 will’’; and 

10 (bb) by striking ‘‘the Sec11 retary to’’ and inserting ‘‘the Sec12 retary of Homeland Security to’’; 

13 (9) section 44911 is amended— 

14 (A) in subsection (b), by striking ‘‘Under 

15 Secretary of Transportation for Security’’ and 

16 inserting ‘‘Administrator of the Transportation 

17 Security Administration’’; 

18 (B) in subsection (d), by striking ‘‘request 

19 of the Secretary’’ and inserting ‘‘request of the 

20 Secretary of Homeland Security’’; and 

21 (C) in subsection (e)— 

22 (i) by striking ‘‘Secretary, and the 

23 Under Secretary’’ and inserting ‘‘Secretary 

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1 trator of the Transportation Security Ad2 ministration’’; and 

3 (ii) by striking ‘‘intelligence commu4 nity and the Under Secretary’’ and insert5 ing ‘‘intelligence community and the Ad6 ministrator of the Transportation Security 

7 Administration’’; 

8 (10) section 44912 is amended— 

9 (A) in subsection (a)— 

10 (i) in paragraph (1)— 

11 (I) by striking ‘‘Under Secretary 

12 of Transportation for Security’’ and 

13 inserting ‘‘Administrator’’; and 

14 (II) by striking ‘‘, not later than 

15 November 16, 1993,’’; and 

16 (ii) in paragraph (4)(C), by striking 

17 ‘‘Research, Engineering and Development 

18 Advisory Committee’’ and inserting ‘‘Ad19 ministrator’’; 

20 (B) in subsection (c)— 

21 (i) in paragraph (1), by striking ‘‘, as 

22 a subcommittee of the Research, Engineer23 ing, and Development Advisory Com24 mittee,’’; and 


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1 (ii) in paragraph (4), by striking ‘‘Not 

2 later than 90 days after the date of the en3 actment of the Aviation and Transportation 

4 Security Act, and every two years there5 after,’’ and inserting ‘‘Biennially,’’; 

6 (C) by striking ‘‘Under Secretary’’ each 

7 place it appears and inserting ‘‘Administrator’’; 

8 and 

9 (D) by adding at the end the following: 

10 ‘‘(d) SECURITY AND RESEARCH AND DEVELOPMENT

11 ACTIVITIES.— 

12 ‘‘(1) IN GENERAL.—The Administrator shall con13 duct research (including behavioral research) and de14 velopment activities appropriate to develop, modify, 

15 test, and evaluate a system, procedure, facility, or de16 vice to protect passengers and property against acts 

17 of criminal violence, aircraft piracy, and terrorism 

18 and to ensure security. 

19 ‘‘(2) DISCLOSURE.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding sec21 tion 552 of title 5, the Administrator shall pre22 scribe regulations prohibiting disclosure of infor23 mation obtained or developed in ensuring secu24 rity under this title if the Secretary of HomeVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 land Security decides disclosing the information 

2 would— 

3 ‘‘(i) be an unwarranted invasion of 

4 personal privacy; 

5 ‘‘(ii) reveal a trade secret or privileged 

6 or confidential commercial or financial in7 formation; or 

8 ‘‘(iii) be detrimental to transportation 

9 safety. 

10 ‘‘(B) INFORMATION TO CONGRESS.—Sub11 paragraph (A) does not authorize information to 

12 be withheld from a committee of Congress au13 thorized to have the information. 

14 ‘‘(C) RULE OF CONSTRUCTION.—Nothing in 

15 subparagraph (A) shall be construed to authorize 

16 the designation of information as sensitive secu17 rity information (as defined in section 15.5 of 

18 title 49, Code of Federal Regulations)— 

19 ‘‘(i) to conceal a violation of law, inef20 ficiency, or administrative error; 

21 ‘‘(ii) to prevent embarrassment to a 

22 person, organization, or agency; 

23 ‘‘(iii) to restrain competition; or 

24 ‘‘(iv) to prevent or delay the release of 

25 information that does not require protection 


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1 in the interest of transportation security, 

2 including basic scientific research informa3 tion not clearly related to transportation se4 curity. 

5 ‘‘(D) PRIVACY ACT.—Section 552a of title 5 

6 shall not apply to disclosures that the Adminis7 trator of the Transportation Security Adminis8 tration may make from the systems of records of 

9 the Transportation Security Administration to 

10 any Federal law enforcement, intelligence, pro11 tective service, immigration, or national security 

12 official in order to assist the official receiving the 

13 information in the performance of official duties. 

14 ‘‘(3) TRANSFERS OF DUTIES AND POWERS PRO15 HIBITED.—Except as otherwise provided by law, the 

16 Administrator may not transfer a duty or power 

17 under this section to another department, agency, or 

18 instrumentality of the United States Government. 

19 ‘‘(e) DEFINITION OF ADMINISTRATOR.—In this section, 

20 the term ‘Administrator’ means the Administrator of the 

21 Transportation Security Administration.’’; 

22 (11) section 44913 is amended— 

23 (A) in subsection (a)— 

24 (i) in paragraph (1), by striking 

25 ‘‘Under Secretary of Transportation for SeVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 curity’’ and inserting ‘‘Administrator of the 

2 Transportation Security Administration 

3 (referred to in this section as ‘the Adminis4 trator’)’’; 

5 (ii) by striking paragraph (2); 

6 (iii) by redesignating paragraphs (3) 

7 and (4) as paragraphs (2) and (3), respec8 tively; and 

9 (iv) by striking ‘‘Under Secretary’’ 

10 each place it appears and inserting ‘‘Ad11 ministrator’’; and 

12 (B) in subsection (b), by striking ‘‘Secretary 

13 of Transportation’’ and inserting ‘‘Adminis14 trator’’; 

15 (12) section 44914 is amended— 

16 (A) by striking ‘‘Under Secretary of Trans17 portation for Security’’ and inserting ‘‘Adminis18 trator of the Transportation Security Adminis19 tration’’; 

20 (B) by striking ‘‘Under Secretary’’ each 

21 place it appears and inserting ‘‘Administrator’’; 

22 and 

23 (C) by inserting ‘‘the Department of Trans24 portation,’’ before ‘‘air carriers, airport authori25 ties, and others’’; 


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1 (13) section 44915 is amended by striking 

2 ‘‘Under Secretary of Transportation for Security’’ 

3 and inserting ‘‘Administrator of the Transportation 

4 Security Administration’’; 

5 (14) section 44916 is amended— 

6 (A) in subsection (a), by striking ‘‘Under 

7 Secretary of Transportation for Security’’ and 

8 inserting ‘‘Administrator of the Transportation 

9 Security Administration’’; and 

10 (B) in subsection (b)— 

11 (i) by striking ‘‘Under Secretary’’ the 

12 first place it appears and inserting ‘‘Ad13 ministrator of the Transportation Security 

14 Administration’’; and 

15 (ii) by striking ‘‘Under Secretary’’ the 

16 second place it appears and inserting ‘‘Ad17 ministrator’’; 

18 (15) section 44917 is amended— 

19 (A) in subsection (a)— 

20 (i) in the matter preceding paragraph 

21 (1), by striking ‘‘Under Secretary of Trans22 portation for Security’’ and inserting ‘‘Ad23 ministrator of the Transportation Security 

24 Administration’’; and 


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1 (ii) in paragraph (2), by striking ‘‘by 

2 the Secretary’’; 

3 (B) in subsection (d)— 

4 (i) in paragraph (1), by striking ‘‘As5 sistant Secretary for Immigration and Cus6 toms Enforcement of the Department of 

7 Homeland Security’’ and inserting ‘‘Ad8 ministrator of the Transportation Security 

9 Administration’’; and 

10 (ii) in paragraph (3), by striking ‘‘As11 sistant Secretary’’ each place it appears 

12 and inserting ‘‘Administrator of the Trans13 portation Security Administration’’; 

14 (16) section 44918 is amended— 

15 (A) in subsection (a)— 

16 (i) in paragraph (2)(E), by striking 

17 ‘‘Under Secretary for Border and Transpor18 tation Security of the Department of Home19 land Security’’ and inserting ‘‘Adminis20 trator of the Transportation Security Ad21 ministration’’; 

22 (ii) in paragraph (4), by striking ‘‘Not 

23 later than one year after the date of enact24 ment of the Vision 100—Century of AviaVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 tion Reauthorization Act, the’’ and insert2 ing ‘‘The’’; and 

3 (iii) in paragraph (5), by striking ‘‘the 

4 date of enactment of the Vision 100—Cen5 tury of Aviation Reauthorization Act’’ and 

6 inserting ‘‘December 12, 2003,’’; 

7 (B) in subsection (b)— 

8 (i) in paragraph (1), by striking ‘‘Not 

9 later than one year after the date of enact10 ment of the Vision 100—Century of Avia11 tion Reauthorization Act, the’’ and insert12 ing ‘‘The’’; and 

13 (ii) in paragraph (6), by striking 

14 ‘‘Federal Air Marshals Service’’ and insert15 ing ‘‘Federal Air Marshal Service’’; and 

16 (C) by striking ‘‘Under Secretary’’ each 

17 place it appears and inserting ‘‘Administrator of 

18 the Transportation Security Administration’’; 

19 (17) section 44920 is amended— 

20 (A) in subsection (g)(1), by striking ‘‘sub21 section (a) or section 44919’’ and inserting ‘‘sub22 section (a)’’; and 

23 (B) by adding at the end the following: 


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1 ‘‘(i) DEFINITION OF ADMINISTRATOR.—In this section, 

2 the term ‘Administrator’ means the Administrator of the 

3 Transportation Security Administration.’’; 

4 (18) section 44922 is amended— 

5 (A) in the heading, by striking ‘‘Deputa6 tion’’ and inserting ‘‘Deputization’’; 

7 (B) in subsection (a)— 

8 (i) in the heading, by striking ‘‘DEPU9 TATION’’ and inserting ‘‘DEPUTIZATION’’; 

10 and 

11 (ii) by striking ‘‘Under Secretary of 

12 Transportation for Security’’ and inserting 

13 ‘‘Administrator of the Transportation Secu14 rity Administration’’; 

15 (C) in subsection (e), by striking ‘‘deputa16 tion’’ and inserting ‘‘deputization’’; and 

17 (D) by striking ‘‘Under Secretary’’ each 

18 place it appears and inserting ‘‘Administrator of 

19 the Transportation Security Administration’’; 

20 (19) section 44923 is amended— 

21 (A) in subsection (a), by striking ‘‘Under 

22 Secretary for Border and Transportation Secu23 rity of the Department of Homeland Security’’ 

24 and inserting ‘‘Administrator of the Transpor25 tation Security Administration’’; 


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1 (B) by striking ‘‘Under Secretary’’ each 

2 place it appears and inserting ‘‘Administrator of 

3 the Transportation Security Administration’’; 

4 (C) in subsection (e)— 

5 (i) by striking paragraph (2); and 

6 (ii) by striking ‘‘(1) IN GENERAL.—’’; 

7 and 

8 (D) by striking subsection (j); 

9 (20) section 44924 is amended— 

10 (A) in subsection (a)— 

11 (i) by striking ‘‘Under Secretary for 

12 Border and Transportation Security of the 

13 Department of Homeland Security’’ and in14 serting ‘‘Administrator of the Transpor15 tation Security Administration’’; and 

16 (ii) by striking ‘‘Administrator under’’ 

17 and inserting ‘‘Administrator of the Federal 

18 Aviation Administration under’’; 

19 (B) in subsections (b), (c), (d), (e), and (f), 

20 by striking ‘‘Administrator’’ and inserting ‘‘Ad21 ministrator of the Federal Aviation Administra22 tion’’; 

23 (C) in subsection (f), by striking ‘‘Not later 

24 than 240 days after the date of enactment of this 

25 section, the’’ and inserting ‘‘The’’; and 


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1 (D) by striking ‘‘Under Secretary’’ each 

2 place it appears and inserting ‘‘Administrator of 

3 the Transportation Security Administration’’; 

4 (21) section 44925 is amended— 

5 (A) in subsection (b)(1), by striking ‘‘Not 

6 later than 90 days after the date of enactment of 

7 this section, the Assistant Secretary of Homeland 

8 Security (Transportation Security Administra9 tion)’’ and inserting ‘‘The Administrator of the 

10 Transportation Security Administration’’; 

11 (B) in subsection (b), by striking paragraph 

12 (3); and 

13 (C) in subsection (d), by striking ‘‘Assistant 

14 Secretary’’ each place it appears and inserting 

15 ‘‘Administrator of the Transportation Security 

16 Administration’’; 

17 (22) section 44926(b)(3) is amended by striking 

18 ‘‘an misidentified passenger’’ and inserting ‘‘a 

19 misidentified passenger’’; 

20 (23) section 44927 is amended— 

21 (A) by striking ‘‘Assistant Secretary’’ each 

22 place it appears and inserting ‘‘Administrator of 

23 the Transportation Security Administration’’; 

24 (B) in subsection (a), by striking ‘‘Veteran 

25 Affairs’’ and inserting ‘‘Veterans Affairs’’; and 


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1 (C) in subsection (f)— 

2 (i) in the heading, by striking ‘‘RE3 PORT’’ and inserting ‘‘REPORTS’’; and 

4 (ii) by striking ‘‘Not later than 1 year 

5 after the date of enactment of this section, 

6 and annually thereafter,’’ and inserting 

7 ‘‘Each year,’’; 

8 (24) section 44933 is amended— 

9 (A) in subsection (a)— 

10 (i) by striking ‘‘Under Secretary of 

11 Transportation for Security’’ and inserting 

12 ‘‘Administrator of the Transportation Secu13 rity Administration’’; 

14 (ii) by striking ‘‘Federal Security 

15 Manager’’ and inserting ‘‘Federal Security 

16 Director’’; and 

17 (iii) by striking ‘‘Managers’’ each place 

18 it appears and inserting ‘‘Federal Security 

19 Directors’’; 

20 (B) in subsection (b), by striking ‘‘Man21 ager’’ and inserting ‘‘Federal Security Director’’; 

22 and 

23 (C) by striking ‘‘Under Secretary’’ each 

24 place it appears and inserting ‘‘Administrator of 

25 the Transportation Security Administration’’; 


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1 (25) section 44934 is amended— 

2 (A) in subsection (a)— 

3 (i) by striking ‘‘Under Secretary of 

4 Transportation for Security’’ and inserting 

5 ‘‘Administrator of the Transportation Secu6 rity Administration’’; 

7 (ii) by striking ‘‘airports. In coordina8 tion with the Secretary’’ and inserting ‘‘air9 ports. In coordination with the Secretary of 

10 State’’; 

11 (iii) by striking ‘‘The Secretary shall 

12 give high priority’’ and inserting ‘‘The Sec13 retary of State shall give high priority’’; 

14 and 

15 (iv) by striking ‘‘Under Secretary’’ 

16 each place it appears and inserting ‘‘Ad17 ministrator’’; and 

18 (B) in subsection (b)— 

19 (i) in the matter preceding paragraph 

20 (1), by striking ‘‘Under Secretary’’ and in21 serting ‘‘Administrator of the Transpor22 tation Security Administration’’; and 

23 (ii) in paragraph (1), by striking 

24 ‘‘Under Secretary’’ and inserting ‘‘Adminis25 trator’’; and 


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1 (C) in subsection (c), by striking ‘‘the Sec2 retary and the chief’’ and inserting ‘‘the Sec3 retary of State and the chief’’; 

4 (26) section 44935 is amended— 

5 (A) in subsection (a), by striking ‘‘Under 

6 Secretary of Transportation for Security’’ and 

7 inserting ‘‘Administrator’’; 

8 (B) in subsection (e)— 

9 (i) in paragraph (1), by striking 

10 ‘‘Under Secretary of Transportation for Se11 curity’’ and inserting ‘‘Administrator’’; and 

12 (ii) in paragraph (2)(A)— 

13 (I) in the matter preceding clause 

14 (i)— 

15 (aa) by striking ‘‘Within 30 

16 days after the date of enactment 

17 of the Aviation and Transpor18 tation Security Act, the’’ and in19 serting ‘‘The’’; and 

20 (bb) by inserting ‘‘other’’ be21 fore ‘‘provision of law’’; and 

22 (II) in clause (ii), by striking 

23 ‘‘section 1102(a)(22)’’ and inserting 

24 ‘‘section 101(a)(22)’’; 


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1 (C) in subsection (f)(1), by inserting 

2 ‘‘other’’ before ‘‘provision of law’’; 

3 (D) in subsection (g)(2), by striking ‘‘With4 in 60 days after the date of enactment of the 

5 Aviation and Transportation Security Act, the’’ 

6 and inserting ‘‘The’’; 

7 (E) by striking ‘‘(i) ACCESSIBILITY OF

8 COMPUTER-BASED TRAINING FACILITIES.—’’ 

9 and inserting ‘‘(k) ACCESSIBILITY OF COM10 PUTER-BASED TRAINING FACILITIES.—’’; 

11 (F) by striking ‘‘Under Secretary’’ each 

12 place it appears and inserting ‘‘Administrator’’; 

13 and 

14 (G) by adding at the end the following: 

15 ‘‘(l) DEFINITION OF ADMINISTRATOR.—In this section, 

16 the term ‘Administrator’ means the Administrator of the 

17 Transportation Security Administration.’’; 

18 (27) section 44936 is amended— 

19 (A) in subsection (a)— 

20 (i) by striking ‘‘Under Secretary of 

21 Transportation for Security’’ each place it 

22 appears and inserting ‘‘Administrator’’; 

23 (ii) in paragraph (1)— 

24 (I) in subparagraph (A), by strik25 ing ‘‘,,’’ and inserting a comma; and 


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1 (II) by striking subparagraph (C); 

2 and 

3 (iii) by redesignating subparagraph 

4 (D) as subparagraph (C); 

5 (B) in subsection (c)(1), by striking ‘‘Under 

6 Secretary’s’’ and inserting ‘‘Administrator’s’’; 

7 (C) by striking ‘‘Under Secretary’’ each 

8 place it appears and inserting ‘‘Administrator’’; 

9 and 

10 (D) by adding at the end the following: 

11 ‘‘(f) DEFINITION OF ADMINISTRATOR.—In this section, 

12 the term ‘Administrator’ means the Administrator of the 

13 Transportation Security Administration.’’; 

14 (28) section 44937 is amended by striking 

15 ‘‘Under Secretary of Transportation for Security’’ 

16 and inserting ‘‘Administrator of the Transportation 

17 Security Administration’’; 

18 (29) section 44938 is amended— 

19 (A) in subsection (a)— 

20 (i) by striking ‘‘Under Secretary of 

21 Transportation for Security’’ and inserting 

22 ‘‘Administrator of the Transportation Secu23 rity Administration’’; and 


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1 (ii) by striking ‘‘Secretary of Trans2 portation’’ and inserting ‘‘Secretary of 

3 Homeland Security’’; and 

4 (B) by striking ‘‘Under Secretary’’ each 

5 place it appears and inserting ‘‘Administrator of 

6 the Transportation Security Administration’’; 

7 (30) section 44939(d) is amended by striking 

8 ‘‘Not later than 60 days after the date of enactment 

9 of this section, the Secretary’’ and inserting ‘‘The Sec10 retary of Homeland Security’’; 

11 (31) section 44940 is amended— 

12 (A) in subsection (a)— 

13 (i) in paragraph (1)— 

14 (I) by striking ‘‘Under Secretary 

15 of Transportation for Security’’ and 

16 inserting ‘‘Administrator of the Trans17 portation Security Administration’’; 

18 and 

19 (II) by striking the last two sen20 tences; and 

21 (ii) by adding at the end the following: 

22 ‘‘(2) DETERMINATION OF COSTS.— 

23 ‘‘(A) IN GENERAL.—The amount of the costs 

24 under paragraph (1) shall be determined by the 

25 Administrator of the Transportation Security 


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1 Administration and shall not be subject to judi2 cial review. 

3 ‘‘(B) DEFINITION OF FEDERAL LAW EN4 FORCEMENT PERSONNEL.—For purposes of para5 graph (1)(A), the term ‘Federal law enforcement 

6 personnel’ includes State and local law enforce7 ment officers who are deputized under section 

8 44922.’’; 

9 (B) in subsections (b), (d), (e), (g), and (h), 

10 by striking ‘‘Under Secretary’’ each place it ap11 pears and inserting ‘‘Administrator of the 

12 Transportation Security Administration’’; 

13 (C) in subsection (d)— 

14 (i) in paragraph (1)— 

15 (I) by striking ‘‘within 60 days of 

16 the date of enactment of this Act, or’’; 

17 and 

18 (II) by striking ‘‘thereafter’’; and 

19 (ii) in paragraph (2), by striking 

20 ‘‘subsection (d)’’ each place it appears and 

21 inserting ‘‘paragraph (1) of this sub22 section’’; 

23 (D) in subsection (e)(1), by striking ‘‘FEES

24 PAYABLE TO UNDER SECRETARY’’ in the heading 


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1 and inserting ‘‘FEES PAYABLE TO ADMINIS2 TRATOR’’; and 

3 (E) in subsection (i)(4)— 

4 (i) by striking subparagraphs (A) 

5 through (D); and 

6 (ii) by redesignating subparagraphs 

7 (E) through (L) as subparagraphs (A) 

8 through (H), respectively; 

9 (32) section 44941(a) is amended by inserting 

10 ‘‘the Department of Homeland Security,’’ after ‘‘De11 partment of Transportation,’’; 

12 (33) section 44942 is amended— 

13 (A) in subsection (a)— 

14 (i) in paragraph (1)— 

15 (I) in the matter preceding sub16 paragraph (A), by striking ‘‘Within 

17 180 days after the date of enactment of 

18 the Aviation and Transportation Secu19 rity Act, the Under Secretary for 

20 Transportation Security may, in con21 sultation with’’ and inserting ‘‘The Ad22 ministrator of the Transportation Se23 curity Administration may, in con24 sultation with other relevant Federal 

25 agencies and’’; and 


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1 (II) in subparagraph (A), by 

2 striking ‘‘, and’’ and inserting ‘‘; and’’; 

3 and 

4 (ii) in paragraph (2), by inserting a 

5 comma after ‘‘Federal Aviation Administra6 tion’’; 

7 (B) in subsection (b)— 

8 (i) by striking ‘‘(1) PERFORMANCE

9 PLAN AND REPORT.—’’; 

10 (ii) by redesignating subparagraphs 

11 (A) and (B) as paragraphs (1) and (2), re12 spectively; 

13 (iii) in paragraph (1), as redesig14 nated— 

15 (I) by redesignating clauses (i) 

16 and (ii) as subparagraphs (A) and 

17 (B), respectively; 

18 (II) in subparagraph (A), as re19 designated, by striking ‘‘the Secretary 

20 and the Under Secretary for Transpor21 tation Security shall agree’’ and in22 serting ‘‘the Secretary of Homeland Se23 curity and the Administrator of the 

24 Transportation Security Administra25 tion shall agree’’; and 


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1 (III) in subparagraph (B), as re2 designated, by striking ‘‘the Secretary, 

3 the Under Secretary for Transpor4 tation Security’’ and inserting ‘‘the 

5 Secretary of Homeland Security, the 

6 Administrator of the Transportation 

7 Security Administration,’’; and 

8 (iv) in paragraph (2), as redesignated, 

9 by striking ‘‘Under Secretary for Transpor10 tation Security’’ and inserting ‘‘Adminis11 trator of the Transportation Security Ad12 ministration’’; 

13 (34) section 44943 is amended— 

14 (A) in subsection (a), by striking ‘‘Under 

15 Secretary for Transportation Security’’ and in16 serting ‘‘Administrator of the Transportation Se17 curity Administration’’; 

18 (B) in subsection (b)— 

19 (i) in paragraph (1)— 

20 (I) by striking ‘‘Secretary and 

21 Under Secretary of Transportation for 

22 Security’’ and inserting ‘‘Secretary of 

23 Homeland Security and Administrator 

24 of the Transportation Security Admin25 istration’’; and 


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1 (II) by striking ‘‘Under Sec2 retary’’ and inserting ‘‘Administrator 

3 of the Transportation Security Admin4 istration’’; and 

5 (ii) in paragraph (2)— 

6 (I) by striking ‘‘Under Secretary’’ 

7 the first place it appears and inserting 

8 ‘‘Administrator of the Transportation 

9 Security Administration’’; and 

10 (II) by striking ‘‘Under Secretary 

11 shall’’ each place it appears and in12 serting ‘‘Administrator shall’’; and 

13 (C) in subsection (c), by striking ‘‘Aviation 

14 Security Act, the Under Secretary for Transpor15 tation Security’’ and inserting ‘‘Aviation and 

16 Transportation Security Act (Public Law 107– 

17 71; 115 Stat. 597), the Administrator of the 

18 Transportation Security Administration’’; 

19 (35) section 44944 is amended— 

20 (A) in subsection (a)— 

21 (i) in paragraph (1), by striking 

22 ‘‘Under Secretary of Transportation for 

23 Transportation Security’’ and inserting 

24 ‘‘Administrator of the Transportation Secu25 rity Administration’’; and 


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1 (ii) in paragraph (4), by inserting 

2 ‘‘the Administrator of the Federal Aviation 

3 Administration,’’ after ‘‘consult with’’; and 

4 (B) by striking ‘‘Under Secretary’’ each 

5 place it appears and inserting ‘‘Administrator of 

6 the Transportation Security Administration’’; 

7 (36) section 44945(b) is amended by striking 

8 ‘‘Assistant Secretary’’ each place it appears and in9 serting ‘‘Administrator of the Transportation Secu10 rity Administration’’; and 

11 (37) section 44946 is amended— 

12 (A) in subsection (g)— 

13 (i) by striking paragraph (2); 

14 (ii) by redesignating paragraph (1) as 

15 paragraph (2); and 

16 (iii) by inserting before paragraph (2), 

17 as redesignated, the following: 

18 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis19 trator’ means the Administrator of the Transpor20 tation Security Administration.’’; 

21 (B) by striking ‘‘Assistant Secretary’’ each 

22 place it appears and inserting ‘‘Administrator’’; 

23 (C) in subsection (b)(4)— 


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1 (i) by striking ‘‘the Secretary receives’’ 

2 and inserting ‘‘the Administrator receives’’; 

3 and 

4 (ii) by striking ‘‘the Secretary shall’’ 

5 and inserting ‘‘the Administrator shall’’; 

6 and 

7 (D) in subsection (c)(1)(A), by striking 

8 ‘‘Not later than 180 days after the date of enact9 ment of the Aviation Security Stakeholder Par10 ticipation Act of 2014, the’’ and inserting ‘‘The’’. 

11 (e) CHAPTER 451 AMENDMENTS.—Section 45107 is 

12 amended— 

13 (1) in subsection (a), by striking ‘‘Under Sec14 retary of Transportation for Security’’ and inserting 

15 ‘‘Administrator of the Transportation Security Ad16 ministration’’; and 

17 (2) in subsection (b), by striking ‘‘Under Sec18 retary of Transportation for Security, the Transpor19 tation Security Administration,’’ and inserting ‘‘Ad20 ministrator of the Transportation Security Adminis21 tration’’. 

22 (f) CHAPTER 461 AMENDMENTS.—Chapter 461 is 

23 amended— 

24 (1) in each of sections 46101(a)(1), 46102(a), 

25 46103(a), 46104(a), 46105(a), 46106, 46107(b), and 


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1 46110(a) by striking ‘‘Under Secretary of Transpor2 tation for Security with respect to security duties and 

3 powers designated to be carried out by the Under Sec4 retary’’ and inserting ‘‘Administrator of the Trans5 portation Security Administration with respect to se6 curity duties and powers designated to be carried out 

7 by the Administrator of the Transportation Security 

8 Administration’’; 

9 (2) in each of sections 46101, 46102(c), 46103, 

10 46104, 46105, 46107, and 46110 by striking ‘‘or Ad11 ministrator’’ each place it appears and inserting ‘‘or 

12 Administrator of the Federal Aviation Administra13 tion’’; 

14 (3) in each of sections 46101(a)(1), 46102(a) 

15 46103(a), 46104(a), 46105(a), 46106, 46107(b), and 

16 46110(a) by striking ‘‘by the Administrator)’’ and in17 serting ‘‘by the Administrator of the Federal Aviation 

18 Administration)’’; 

19 (4) in each of sections 46101, 46102, 46103, 

20 46104, 46105, 46107, and 46110 by striking ‘‘Under 

21 Secretary,’’ each place it appears and inserting ‘‘Ad22 ministrator of the Transportation Security Adminis23 tration,’’; 

24 (5) in section 46102— 


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1 (A) in subsection (b), by striking ‘‘the Ad2 ministrator’’ each place it appears and inserting 

3 ‘‘the Administrator of the Federal Aviation Ad4 ministration’’; 

5 (B) in subsection (c), by striking ‘‘and Ad6 ministrator’’ each place it appears and inserting 

7 ‘‘and Administrator of the Federal Aviation Ad8 ministration’’; and 

9 (C) in subsection (d), by striking ‘‘the Ad10 ministrator, or an officer or employee of the Ad11 ministration’’ in subsection (d) and inserting 

12 ‘‘the Administrator of the Federal Aviation Ad13 ministration, or an officer or employee of the 

14 Federal Aviation Administration’’; 

15 (6) in section 46104— 

16 (A) by striking ‘‘subpena’’ each place it ap17 pears and inserting ‘‘subpoena’’; and 

18 (B) in subsection (b)— 

19 (i) in the heading, by striking ‘‘SUB20 PENAS’’ and inserting ‘‘SUBPOENAS’’; and 

21 (ii) by striking ‘‘the Administrator, 

22 or’’ and inserting ‘‘the Administrator of the 

23 Federal Aviation Administration, or’’; 


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1 (7) in section 46105(c), by striking ‘‘When the 

2 Administrator’’ and inserting ‘‘When the Adminis3 trator of the Federal Aviation Administration’’; 

4 (8) in section 46109, by inserting ‘‘(or the Ad5 ministrator of the Transportation Security Adminis6 tration with respect to security duties and powers 

7 designated to be carried out by the Administrator of 

8 the Transportation Security Administration or the 

9 Administrator of the Federal Aviation Administra10 tion with respect to aviation safety duties and powers 

11 designated to be carried out by the Administrator)’’ 

12 after ‘‘Secretary of Transportation’’; and 

13 (9) in section 46111— 

14 (A) in subsection (a)— 

15 (i) by inserting ‘‘the’’ before ‘‘Federal 

16 Aviation Administration’’; 

17 (ii) by striking ‘‘Administrator is’’ 

18 and inserting ‘‘Administrator of the Federal 

19 Aviation Administration is’’; and 

20 (iii) by striking ‘‘Under Secretary for 

21 Border and Transportation Security of the 

22 Department of Homeland Security’’ and in23 serting ‘‘Administrator of the Transpor24 tation Security Administration’’; 


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1 (B) in subsections (b), (c), (e), and (g), by 

2 striking ‘‘Administrator’’ each place it appears 

3 and inserting ‘‘Administrator of the Federal 

4 Aviation Administration’’; 

5 (C) in subsection (g)(2)(A), by striking ‘‘(18 

6 U.S.C. App.)’’ and inserting ‘‘(18 U.S.C. 

7 App.))’’; and 

8 (D) by striking ‘‘Under Secretary’’ each 

9 place it appears and inserting ‘‘Administrator of 

10 the Transportation Security Administration’’. 

11 (g) CHAPTER 463 AMENDMENTS.—Chapter 463 is 

12 amended— 

13 (1) in section 46301— 

14 (A) in subsection (a)(5)— 

15 (i) in subparagraph (A)(i), by striking 

16 ‘‘or chapter 451’’ and inserting ‘‘chapter 

17 451’’; and 

18 (ii) in subparagraph (D), by inserting 

19 ‘‘of Transportation’’ after ‘‘Secretary’’; 

20 (B) in subsection (d)— 

21 (i) in paragraph (2)— 

22 (I) by striking ‘‘defined by the 

23 Secretary’’ and inserting ‘‘defined by 

24 the Secretary of Transportation’’; and 


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1 (II) by striking ‘‘Administrator 

2 shall’’ and inserting ‘‘Administrator of 

3 the Federal Aviation Administration 

4 shall’’; 

5 (ii) in paragraphs (3), (4), (5), (6), 

6 (7), and (8), by striking ‘‘Administrator’’ 

7 each place it appears and inserting ‘‘Ad8 ministrator of the Federal Aviation Admin9 istration’’; and 

10 (iii) in paragraph (8), by striking 

11 ‘‘Under Secretary’’ and inserting ‘‘Adminis12 trator of the Transportation Security Ad13 ministration’’; 

14 (C) in subsection (e), by inserting ‘‘of 

15 Transportation’’ after ‘‘Secretary’’; 

16 (D) in subsection (g), by striking ‘‘Adminis17 trator’’ and inserting ‘‘Administrator of the Fed18 eral Aviation Administration’’; and 

19 (E) in subsection (h)(2)— 

20 (i) by striking ‘‘Under Secretary of 

21 Transportation for Security with respect to 

22 security duties and powers designated to be 

23 carried out by the Under Secretary’’ and 

24 inserting ‘‘Administrator of the Transpor25 tation Security Administration with respect 


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1 to security duties and powers designated to 

2 be carried out by the Administrator of the 

3 Transportation Security Administration’’; 

4 and 

5 (ii) by striking ‘‘or the Administrator 

6 with respect to aviation safety duties and 

7 powers designated to be carried out by the 

8 Administrator’’ and inserting ‘‘or the Ad9 ministrator of the Federal Aviation Admin10 istration with respect to aviation safety du11 ties and powers designated to be carried out 

12 by the Administrator of the Federal Avia13 tion Administration’’; 

14 (2) in section 46304(b), by striking ‘‘or the Ad15 ministrator of the Federal Aviation Administration 

16 with respect to aviation safety duties and powers des17 ignated to be carried out by the Administrator’’ and 

18 inserting ‘‘or the Administrator of the Federal Avia19 tion Administration with respect to aviation safety 

20 duties and powers designated to be carried out by the 

21 Administrator of the Federal Aviation Administra22 tion’’; 

23 (3) in section 46311— 

24 (A) in subsection (a)— 


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1 (i) in the matter preceding paragraph 

2 (1)— 

3 (I) by striking ‘‘Under Secretary 

4 of Transportation for Security with re5 spect to security duties and powers des6 ignated to be carried out by the Under 

7 Secretary’’ and inserting ‘‘Adminis8 trator of the Transportation Security 

9 Administration with respect to security 

10 duties and powers designated to be car11 ried out by the Administrator of the 

12 Transportation Security Administra13 tion’’; 

14 (II) by striking ‘‘the Adminis15 trator of the Federal Aviation Admin16 istration with respect to aviation safe17 ty duties and powers designated to be 

18 carried out by the Administrator’’ and 

19 inserting ‘‘or the Administrator of the 

20 Federal Aviation Administration with 

21 respect to aviation safety duties and 

22 powers designated to be carried out by 

23 the Administrator of the Federal Avia24 tion Administration’’; 


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1 (III) by striking ‘‘Administrator 

2 shall’’ and inserting ‘‘Administrator of 

3 the Federal Aviation Administration 

4 shall’’; and 

5 (IV) by striking ‘‘Administrator,’’ 

6 and inserting ‘‘Administrator of the 

7 Federal Aviation Administration,’’; 

8 and 

9 (ii) in paragraph (1), by striking ‘‘Ad10 ministrator’’ and inserting ‘‘Administrator 

11 of the Federal Aviation Administration’’; 

12 (B) in subsections (b) and (c), by striking 

13 ‘‘Administrator’’ each place it appears and in14 serting ‘‘Administrator of the Federal Aviation 

15 Administration’’; and 

16 (C) by striking ‘‘Under Secretary’’ each 

17 place it appears and inserting ‘‘Administrator of 

18 the Transportation Security Administration’’; 

19 (4) in section 46313— 

20 (A) by striking ‘‘Under Secretary of Trans21 portation for Security with respect to security 

22 duties and powers designated to be carried out 

23 by the Under Secretary’’ and inserting ‘‘Admin24 istrator of the Transportation Security Adminis25 tration with respect to security duties and powVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 ers designated to be carried out by the Adminis2 trator of the Transportation Security Adminis3 tration’’; 

4 (B) by striking ‘‘or the Administrator of the 

5 Federal Aviation Administration with respect to 

6 aviation safety duties and powers designated to 

7 be carried out by the Administrator’’ and insert8 ing ‘‘or the Administrator of the Federal Avia9 tion Administration with respect to aviation 

10 safety duties and powers designated to be carried 

11 out by the Administrator of the Federal Aviation 

12 Administration’’; and 

13 (C) by striking ‘‘subpena’’ and inserting 

14 ‘‘subpoena’’; and 

15 (5) in section 46316(a)— 

16 (A) by striking ‘‘Under Secretary of Trans17 portation for Security with respect to security 

18 duties and powers designated to be carried out 

19 by the Under Secretary’’ and inserting ‘‘Admin20 istrator of the Transportation Security Adminis21 tration with respect to security duties and pow22 ers designated to be carried out by the Adminis23 trator of the Transportation Security Adminis24 tration’’; and 


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1 (B) by striking ‘‘or the Administrator of the 

2 Federal Aviation Administration with respect to 

3 aviation safety duties and powers designated to 

4 be carried out by the Administrator’’ and insert5 ing ‘‘or the Administrator of the Federal Avia6 tion Administration with respect to aviation 

7 safety duties and powers designated to be carried 

8 out by the Administrator of the Federal Aviation 

9 Administration’’. 

10 (h) CHAPTER 465 AMENDMENTS.—Chapter 465 is 

11 amended— 

12 (1) in section 46505(d)(2), by striking ‘‘Under 

13 Secretary of Transportation for Security’’ and insert14 ing ‘‘Administrator of the Transportation Security 

15 Administration’’; and 

16 (2) in the table of contents for chapter 465 of 

17 subtitle VII, by striking the following: 

‘‘46503. Repealed.’’. 

18 (i) CHAPTER 483 REPEAL.— 

19 (1) IN GENERAL.—Chapter 483 is repealed. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 contents for subtitle VII is amended by striking the 

22 following: 

‘‘483. Aviation security funding .................................................................... 48301’’. 

23 (j) AUTHORITY TO EXEMPT.— 


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1 (1) IN GENERAL.—Subchapter II of chapter 449 

2 is amended by inserting before section 44933 the fol3 lowing: 

4 ‘‘§ 44931. Authority to exempt 

5 ‘‘The Secretary of Homeland Security may grant an 

6 exemption from a regulation prescribed in carrying out sec7 tions 44901, 44903, 44906, 44909(c), and 44935–44937 of 

8 this title when the Secretary decides the exemption is in 

9 the public interest. 

10 ‘‘§ 44932. Administrative 

11 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Home12 land Security may take action the Secretary considers nec13 essary to carry out this chapter and chapters 461, 463, and 

14 465 of this title, including conducting investigations, pre15 scribing regulations, standards, and procedures, and 

16 issuing orders. 

17 ‘‘(b) INDEMNIFICATION.—The Secretary of Homeland 

18 Security may indemnify an officer or employee of the 

19 Transportation Security Administration against a claim or 

20 judgment arising out of an act that the Secretary decides 

21 was committed within the scope of the official duties of the 

22 officer or employee.’’. 

23 (2) TABLE OF CONTENTS.—The table of contents 

24 of chapter 449 is amended by inserting before the 

25 item relating to section 44933 the following: 


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‘‘44931. Authority to exempt. 

‘‘44932. Administrative.’’. 

1 SEC. 302. TABLE OF CONTENTS OF CHAPTER 449. 

2 The table of contents of chapter 449 is amended— 

3 (1) in the item relating to section 44922, by 

4 striking ‘‘Deputation’’ and inserting ‘‘Deputization’’; 

5 and 

6 (2) by inserting after section 44941 the fol7 lowing: 

‘‘44942. Performance goals and objectives. 

‘‘44943. Performance management system.’’. 

8 SEC. 303. OTHER LAWS; INTELLIGENCE REFORM AND TER9 RORISM PREVENTION ACT OF 2004. 

10 Section 4016(c) of the Intelligence Reform and Ter11 rorism Prevention Act of 2004 (49 U.S.C. 44917 note) is 

12 amended— 

13 (1) in paragraph (1), by striking ‘‘Assistant Sec14 retary for Immigration and Customs Enforcement’’ 

15 and inserting ‘‘Administrator of the Transportation 

16 Security Administration’’; and 

17 (2) in paragraph (2), by striking ‘‘Assistant Sec18 retary for Immigration and Customs Enforcement 

19 and the Director of Federal Air Marshal Service of 

20 the Department of Homeland Security, in coordina21 tion with the Assistant Secretary of Homeland Secu22 rity (Transportation Security Administration),’’ and 

23 inserting ‘‘Administrator of the Transportation SecuVerDate Sep 11 2014 22:46 Jun 06, 2018 Jkt 079200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6203 E:\BILLS\S1872.RS S1872

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1 rity Administration and the Director of Federal Air 

2 Marshal Service of the Department of Homeland Se3 curity’’. 

4 SEC. 304. SAVINGS PROVISIONS. 

5 References relating to the Under Secretary of Trans6 portation for Security in statutes, Executive orders, rules, 

7 regulations, directives, or delegations of authority that pre8 cede the effective date of this Act shall be deemed to refer, 

9 as appropriate, to the Administrator of the Transportation 

10 Security Administration. 


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Calendar No. 444 

115TH CONGRESS 

2D SESSION S. 1872 

[Report No. 115–266] 

A BILL 

To authorize the programs of the Transportation 

tation security, and for other purposes. Security Administration relating to transporJUNE 6, 2018 

Reported with an amendment 


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