II 

115TH CONGRESS 

1ST SESSION S. 1872 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFER4 ENCES. 

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

6 ‘‘TSA Modernization Act’’. 

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

8 this Act is as follows: 

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

Sec. 2. Definitions. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 1872 IS

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. 

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 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 1872 IS

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; 

16 (B) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; and 

18 (C) the Committee on Homeland Security 

19 of the House of Representatives. 

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

21 Aviation Security Advisory Committee established 

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


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 1872 IS

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

2 the Secretary of Homeland Security. 

3 (5) TSA.—The term ‘‘TSA’’ means the Trans4 portation Security Administration. 

5 TITLE I—ORGANIZATION AND 

6 AUTHORIZATIONS 

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

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

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

10 are authorized to be appropriated to the Transportation 

11 Security Administration for salaries, operations, and 

12 maintenance of the Administration— 

13 ‘‘(1) $7,810,196,000 for fiscal year 2018; 

14 ‘‘(2) $7,849,247,000 for fiscal year 2019; and 

15 ‘‘(3) $7,888,494,000 for fiscal year 2020.’’. 

16 SEC. 102. ADMINISTRATOR OF THE TRANSPORTATION SE17 CURITY ADMINISTRATION; FIVE-YEAR TERM. 

18 (a) IN GENERAL.—Section 114, as amended by sec19 tion 101, is further amended— 

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

21 of Transportation’’ and inserting ‘‘Department of 

22 Homeland Security’’; 

23 (2) by amending subsection (b) to read as fol24 lows: 

25 ‘‘(b) LEADERSHIP.— 


lotter on DSKBCFDHB2PROD with BILLS
5 

•S 1872 IS

1 ‘‘(1) HEAD OF TRANSPORTATION SECURITY AD2 MINISTRATION.— 

3 ‘‘(A) APPOINTMENT.—The head of the Ad4 ministration shall be the Administrator of the 

5 Transportation Security Administration (re6 ferred to in this section as the ‘Administrator’). 

7 The Administrator shall be appointed by the 

8 President, by and with the advice and consent 

9 of the Senate. 

10 ‘‘(B) QUALIFICATIONS.—The Adminis11 trator must— 

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

13 and 

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

15 related to transportation or security. 

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

17 individual appointment by the President, by and 

18 with the advice and consent of the Senate, after 

19 August 1, 2017, the term of office of an indi20 vidual appointed as the Administrator shall be 

21 5 years. 

22 ‘‘(2) DEPUTY ADMINISTRATOR.— 

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

24 in the Transportation Security Administration a 

25 Deputy Administrator, who shall assist the AdVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
6 

•S 1872 IS

1 ministrator in the management of the Trans2 portation Security Administration. The Deputy 

3 Administrator shall be appointed by the Presi4 dent. The Deputy Administrator shall be Acting 

5 Administrator during the absence or incapacity 

6 of the Administrator or during a vacancy in the 

7 office of Administrator. 

8 ‘‘(B) QUALIFICATIONS.—The Deputy Ad9 ministrator must— 

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

11 and 

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

13 related to transportation or security.’’; 

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

15 (r), by striking ‘‘Under Secretary’’ each place it ap16 pears and inserting ‘‘Administrator’’; and 

17 (4) by amending subsection (d) to read as fol18 lows: 

19 ‘‘(d) FUNCTIONS.—The Administrator shall be re20 sponsible for— 

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

22 aviation security, and related research and develop23 ment activities; 


lotter on DSKBCFDHB2PROD with BILLS
7 

•S 1872 IS

1 ‘‘(2) security in land-based transportation, in2 cluding railroad, highway, pipeline, public transpor3 tation, and over-the-road bus; and 

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

5 security.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

8 amended— 

9 (1) in subsection (g)— 

10 (A) in paragraph (1)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘Subject to the di13 rection and control of the Secretary’’ and 

14 inserting ‘‘Subject to the direction and 

15 control of the Secretary of Homeland Se16 curity’’; and 

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

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

19 and 

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

21 Homeland Security’’ after ‘‘Secretary’’; 

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

23 Homeland Security’’ after ‘‘Secretary’’; 

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

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


lotter on DSKBCFDHB2PROD with BILLS
8 

•S 1872 IS

1 Aviation and Transportation Security Act,’’ and in2 serting ‘‘functions assigned’’; 

3 (4) in subsection (l)(4)(B), by striking ‘‘Admin4 istrator under subparagraph (A)’’ and inserting 

5 ‘‘Administrator of the Federal Aviation Administra6 tion under subparagraph (A)’’; 

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

8 of Transportation’’ and inserting ‘‘Department of 

9 Homeland Security’’; 

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

11 of Transportation’’ and inserting ‘‘Department of 

12 Homeland Security’’; 

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

14 of Transportation’’ and inserting ‘‘Secretary of 

15 Homeland Security’’; 

16 (8) in subsection (s)— 

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

18 after ‘‘Act of 2007’’; and 

19 (B) in paragraph (4)— 

20 (i) in the heading, by striking ‘‘SUB21 MISSIONS OF PLANS TO CONGRESS’’ and 

22 inserting ‘‘SUBMISSION OF PLANS’’; 

23 (ii) by striking subparagraph (A); 


lotter on DSKBCFDHB2PROD with BILLS
9 

•S 1872 IS

1 (iii) by redesignating subparagraphs 

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

3 through (D), respectively; 

4 (iv) in subparagraph (A), as redesig5 nated— 

6 (I) in the heading, by striking 

7 ‘‘SUBSEQUENT VERSIONS’’ and insert8 ing ‘‘IN GENERAL’’; and 

9 (II) by striking ‘‘After December 

10 31, 2015, the’’ and inserting ‘‘The’’; 

11 and 

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

13 as redesignated, by striking ‘‘for the De14 partment’’ and inserting ‘‘for the Depart15 ment of Homeland Security’’; 

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

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

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

19 (A) in paragraph (1)— 

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

21 (ii) by redesignating subparagraph 

22 (E) as subparagraph (D); 

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

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

25 (C) in paragraph (4)(B)— 


lotter on DSKBCFDHB2PROD with BILLS
10 

•S 1872 IS

1 (i) by inserting ‘‘of Homeland Secu2 rity’’ after ‘‘Department’’; and 

3 (ii) by inserting ‘‘of Homeland Secu4 rity’’ after ‘‘Secretary’’; 

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

6 follows: 

7 ‘‘(6) ANNUAL REPORT ON PLAN.—The Sec8 retary of Homeland Security shall annually submit 

9 to the appropriate congressional committees a report 

10 containing the Plan.’’; and 

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

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

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

14 (A) in paragraph (1)— 

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

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

17 Homeland Security’’; and 

18 (ii) in subparagraph (C)(ii), by strik19 ing ‘‘Secretary’s designee’’ and inserting 

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

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

22 (E) of paragraph (3), by inserting ‘‘of Home23 land Security’’ after ‘‘Secretary’’ each place it 

24 appears; 


lotter on DSKBCFDHB2PROD with BILLS
11 

•S 1872 IS

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

2 Homeland Security’’ after ‘‘Secretary’’; 

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

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

5 (E) in paragraph (7)— 

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

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

8 annually thereafter, the Secretary’’ and in9 serting ‘‘The Secretary of Homeland Secu10 rity shall’’; and 

11 (ii) by striking subparagraph (D). 

12 (c) EXECUTIVE SCHEDULE.— 

13 (1) ADMINISTRATOR OF THE TSA.— 

14 (A) POSITIONS AT LEVEL II.—Section 

15 5313 of title 5, United States Code, is amended 

16 by inserting after the item relating to the 

17 Under Secretary of Homeland Security for 

18 Management the following: 

19 ‘‘Administrator of the Transportation Security Ad20 ministration.’’. 

21 (B) BONUS ELIGIBILITY.—Section 

22 101(c)(2) of the Aviation and Transportation 

23 Security Act (5 U.S.C. 5313 note) is amend24 ed— 


lotter on DSKBCFDHB2PROD with BILLS
12 

•S 1872 IS

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

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

4 (ii) by inserting ‘‘of Homeland Secu5 rity’’ after ‘‘Secretary’’. 

6 (2) DEPUTY ADMINISTRATOR OF THE TSA.— 

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

8 amended by inserting after the item relating to the 

9 Deputy Administrator, Federal Aviation Administra10 tion the following: 

11 ‘‘Deputy Administrator, Transportation Security Ad12 ministration.’’. 

13 SEC. 103. TRANSPORTATION SECURITY ADMINISTRATION 

14 ORGANIZATION. 

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

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

17 ‘‘(w) LEADERSHIP AND ORGANIZATION.— 

18 ‘‘(1) IN GENERAL.—For each of the areas de19 scribed in paragraph (2), the Administrator of the 

20 Transportation Security Administration shall ap21 point at least 1 individual who shall— 

22 ‘‘(A) report directly to the Administrator 

23 or the Administrator’s designated direct report; 

24 and 


lotter on DSKBCFDHB2PROD with BILLS
13 

•S 1872 IS

1 ‘‘(B) be responsible and accountable for 

2 that area. 

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

4 in this paragraph are as follows: 

5 ‘‘(A) Aviation security operations and 

6 training, including risk-based, adaptive security 

7 focused on airport checkpoint and baggage 

8 screening operations, cargo inspections, work9 force training and development programs, and 

10 other specialized programs designed to secure 

11 air transportation. 

12 ‘‘(B) Surface transportation security oper13 ations and training, including risk-based, adapt14 ive security focused on accomplishing security 

15 systems assessments, reviewing and prioritizing 

16 projects for appropriated surface transportation 

17 security grants, operator compliance with vol18 untary industry standards, workforce training 

19 and development programs, and other special20 ized programs designed to secure surface trans21 portation. 

22 ‘‘(C) Security policy and industry engage23 ment and planning, including the development, 

24 interpretation, promotion, and oversight of a 

25 unified effort regarding risk-based, risk-reducVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
14 

•S 1872 IS

1 ing security policies and plans (including stra2 tegic planning for future contingencies and se3 curity challenges) between government and 

4 transportation stakeholders, including airports, 

5 domestic and international airlines, general 

6 aviation, air cargo, mass transit and passenger 

7 rail, freight rail, pipeline, highway and motor 

8 carriers, and maritime. 

9 ‘‘(D) International strategy and oper10 ations, including agency efforts to work with 

11 international partners to secure the global 

12 transportation network. 

13 ‘‘(E) Trusted and registered traveler pro14 grams, including the management and mar15 keting of the agency’s trusted traveler initia16 tives, including the PreCheck Program, and co17 ordination with trusted traveler programs of 

18 other Department of Homeland Security agen19 cies and the private sector. 

20 ‘‘(F) Technology acquisition and deploy21 ment, including the oversight, development, 

22 testing, evaluation, acquisition, deployment, and 

23 maintenance of security technology and other 

24 acquisition programs. 


lotter on DSKBCFDHB2PROD with BILLS
15 

•S 1872 IS

1 ‘‘(G) Inspection and compliance, including 

2 the integrity, efficiency and effectiveness of the 

3 agency’s workforce, operations, and programs 

4 through objective audits, covert testing, inspec5 tions, criminal investigations, and regulatory 

6 compliance. 

7 ‘‘(H) Civil rights, liberties, and traveler en8 gagement, including ensuring that agency em9 ployees and the traveling public are treated in 

10 a fair and lawful manner consistent with federal 

11 laws and regulations protecting privacy and 

12 prohibiting discrimination and reprisal. 

13 ‘‘(I) Legislative and public affairs, includ14 ing communication and engagement with inter15 nal and external audiences in a timely, accu16 rate, and transparent manner, and development 

17 and implementation of strategies within the 

18 agency to achieve congressional approval or au19 thorization of agency programs and policies. 

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

21 transmit to the appropriate committees of Con22 gress— 

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

24 of enactment of the TSA Modernization Act, a 


lotter on DSKBCFDHB2PROD with BILLS
16 

•S 1872 IS

1 list of the names of the individuals appointed 

2 under paragraph (1); and 

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

4 5 days after any new individual is appointed 

5 under paragraph (1).’’. 

6 SEC. 104. TRANSMITTALS TO CONGRESS. 

7 With regard to each report, legislative proposal, or 

8 other communication of the Executive Branch related to 

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

10 appropriate committees of Congress, the Administrator 

11 shall transmit such communication directly to the appro12 priate committees of Congress. 

13 TITLE II—AVIATION SECURITY 

14 Subtitle A—Security Technology 

15 SEC. 211. THIRD PARTY TESTING AND EVALUATION OF 

16 SCREENING TECHNOLOGY. 

17 (a) IN GENERAL.—In carrying out the responsibil18 ities under section 114(e)(1), the Administrator shall de19 velop and implement, not later than 1 year after the date 

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

21 of related screening technology to obtain testing and 

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

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

24 such technology before acquisition or deployment. 

25 (b) DETECTION TESTING.— 


lotter on DSKBCFDHB2PROD with BILLS
17 

•S 1872 IS

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

2 verification program authorized under subsection (a) 

3 shall include detection testing to evaluate the per4 formance of the security technology system regard5 ing the probability of detection, the probability of 

6 false alarm, and such other indicators that the sys7 tem is able to meet the TSA’s mission needs. 

8 (2) COORDINATION WITH FINAL QUALIFICATION

9 PROCESSES.—To the extent practicable, but without 

10 compromising the integrity of the TSA test and eval11 uation process, the Administrator shall coordinate 

12 the third party detection testing under paragraph 

13 (1) with subsequent final Federal Government quali14 fication processes. 

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

16 detection testing under paragraph (1) shall be con17 sidered final if the results are approved by the Ad18 ministration in accordance with approval standards 

19 developed by the Administrator. 

20 (4) INTERNATIONAL STANDARDS.—To the ex21 tent practicable and permissible under law, the Ad22 ministrator shall— 

23 (A) share detection testing information 

24 and standards with appropriate international 

25 partners; and 


lotter on DSKBCFDHB2PROD with BILLS
18 

•S 1872 IS

1 (B) coordinate with the appropriate inter2 national partners to harmonize TSA testing and 

3 evaluation with relevant international standards 

4 to maximize the capability to detect explosives 

5 and other threats. 

6 (c) OPERATIONAL TESTING.— 

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

8 the third party testing and verification program au9 thorized under subsection (a) shall include oper10 ational testing. 

11 (2) LIMITATION.—Third party operational test12 ing under paragraph (1) may not exceed 1 year. 

13 (d) ALTERNATIVE.—Third party testing under sub14 section (a) shall replace as an alternative, at the discretion 

15 of the Administrator, the testing at the Transportation 

16 Systems Integration Facility, including operational testing 

17 for— 

18 (1) health and safety factors; 

19 (2) operator interface; 

20 (3) human factors; 

21 (4) environmental factors; 

22 (5) throughput; and 

23 (6) baggage handling systems. 

24 (e) TESTING AND VERIFICATION FRAMEWORK.— 

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


lotter on DSKBCFDHB2PROD with BILLS
19 

•S 1872 IS

1 (A) establish a framework for the third 

2 party testing and for verifying a security tech3 nology is operationally effective and able to 

4 meet the TSA’s mission needs before it may 

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

6 context at an airport or other transportation fa7 cility; and 

8 (B) use phased implementation to allow 

9 the TSA and the third party to establish best 

10 practices. 

11 (2) RECOMMENDATIONS.—The Administrator 

12 shall request ASAC’s Security Technology Sub13 committee, in consultation with representatives of 

14 the security manufacturers industry, to develop and 

15 submit to the Administrator recommendations for 

16 the third party testing and verification framework. 

17 (f) FIELD TESTING.—The Administrator shall 

18 prioritize the field testing and evaluation of security tech19 nology and equipment at airports and on site at security 

20 technology manufacturers whenever possible as an alter21 native to the Transportation Systems Integration Facility. 

22 SEC. 212. RECIPROCAL RECOGNITION OF SECURITY STAND23 ARDS. 

24 (a) IN GENERAL.—The Administrator, in coordina25 tion with the European Civil Aviation Conference and CaVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
20 

•S 1872 IS

1 nadian Air Transport Security Authority, shall develop a 

2 validation process for the reciprocal recognition of security 

3 equipment technology approvals among international secu4 rity partners or recognized certification authorities for de5 ployment. 

6 (b) REQUIREMENT.—The validation process shall en7 sure that the certification process of each participating 

8 international security partner or recognized certification 

9 authority complies with TSA security standards. 

10 SEC. 213. TRANSPORTATION SECURITY LABORATORY. 

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

12 Administrator, shall administer the Transportation Secu13 rity Laboratory. 

14 (b) PERIODIC REVIEWS.—The Administrator shall 

15 review the screening technology test and evaluation proc16 ess conducted at the Transportation Security Laboratory 

17 to improve the coordination, collaboration, and commu18 nication between the Transportation Security Laboratory 

19 and the Office of Acquisition Program Management at the 

20 TSA to identify factors contributing to acquisition ineffi21 ciencies, develop strategies to reduce acquisition inefficien22 cies, facilitate more expeditious initiation and completion 

23 of testing, and identify how laboratory practices can better 

24 support acquisition decisions. 


lotter on DSKBCFDHB2PROD with BILLS
21 

•S 1872 IS

1 SEC. 214. INNOVATION TASK FORCE. 

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

3 an innovation task force— 

4 (1) to cultivate innovations in aviation security; 

5 (2) to develop and recommend how to prioritize 

6 and streamline requirements for new approaches to 

7 aviation security; 

8 (3) to accelerate the development and introduc9 tion of new innovative aviation security technologies 

10 and improvements to aviation security operations; 

11 and 

12 (4) to provide industry with access to the air13 port environment during the technology development 

14 and assessment process to demonstrate the tech15 nology and to collect data to understand and refine 

16 technical operations and human factor issues. 

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

18 (1) conduct activities to identify and develop an 

19 innovative technology, emerging security capability, 

20 or process designed to enhance aviation security, in21 cluding— 

22 (A) by conducting a field demonstration of 

23 such a technology, capability, or process in the 

24 airport environment; 


lotter on DSKBCFDHB2PROD with BILLS
22 

•S 1872 IS

1 (B) by gathering performance data from 

2 such a demonstration to inform the acquisition 

3 process; and 

4 (C) by enabling a small business with an 

5 innovative technology or emerging security ca6 pability, but less than adequate resources, to 

7 participate in such a demonstration; 

8 (2) conduct at least quarterly collaboration 

9 meetings with industry, including air carriers, air10 port operators, and other aviation security stake11 holders to highlight and discuss best practices on in12 novative security operations and technology evalua13 tion and deployment; and 

14 (3) submit to the appropriate committees of 

15 Congress an annual report on the effectiveness of 

16 key performance data from task force-sponsored 

17 projects and checkpoint enhancements. 

18 (c) COMPOSITION.— 

19 (1) APPOINTMENT.—The Administrator, in con20 sultation with the Chairperson of ASAC shall ap21 point the members of the task force. 

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

23 chaired by the Administrator’s designee. 

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

25 comprised of representatives of— 


lotter on DSKBCFDHB2PROD with BILLS
23 

•S 1872 IS

1 (A) the relevant offices of the TSA; 

2 (B) if considered appropriate by the Ad3 ministrator, the Science and Technology Direc4 torate of the Department of Homeland Secu5 rity; 

6 (C) any other component of the Depart7 ment of Homeland Security that the Adminis8 trator considers appropriate; and 

9 (D) such industry representatives as the 

10 Administrator considers appropriate. 

11 (d) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to require the acquisition or deploy13 ment of an innovative technology, emerging security capa14 bility, or process identified, developed, or recommended 

15 under this section. 

16 (e) NONAPPLICABILITY OF FACA.—The Federal Ad17 visory Committee Act (5 U.S.C. App.) shall not apply to 

18 the task force established under this section. 

19 SEC. 215. 5-YEAR TECHNOLOGY INVESTMENT PLAN UP20 DATE. 

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

22 2002 (6 U.S.C. 563(g)) is amended— 

23 (1) by striking the matter preceding paragraph 

24 (1) and inserting ‘‘The Administrator shall, in col25 laboration with relevant industry and government 


lotter on DSKBCFDHB2PROD with BILLS
24 

•S 1872 IS

1 stakeholders, annually submit to Congress in an ap2 pendix to the budget request and publish in an un3 classified format in the public domain—’’; 

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

5 inserting a semicolon; 

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

7 inserting ‘‘; and’’; and 

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

9 ‘‘(3) information about acquisitions completed 

10 during the fiscal year preceding the fiscal year dur11 ing which the report is submitted.’’. 

12 SEC. 216. BIOMETRICS EXPANSION. 

13 Not later than 270 days after the date of enactment 

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

15 Commissioner of Customs and Border Protection, shall— 

16 (1) assess the operational and security impact 

17 of using biometric technology to identify passengers; 

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

19 such biometric technology at checkpoints, screening 

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

21 where such deployment would enhance security and 

22 facilitate passenger movement; and 

23 (3) submit to the appropriate committees of 

24 Congress a report on the assessment under para25 graph (1) and deployment under paragraph (2). 


lotter on DSKBCFDHB2PROD with BILLS
25 

•S 1872 IS

1 SEC. 217. PILOT PROGRAM FOR AUTOMATED EXIT LANE 

2 TECHNOLOGY. 

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

4 date of enactment of this Act, the Administrator shall es5 tablish a pilot program to implement and evaluate the use 

6 of automated exit lane technology at small hub airports 

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

8 40102 of title 49, United States Code). 

9 (b) PARTNERSHIP.—The Administrator shall carry 

10 out the pilot program in partnership with the applicable 

11 airport directors. 

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

13 the pilot program under this section shall not exceed 85 

14 percent of the total cost of the program. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out the pilot pro17 gram under this section $15,000,000 for each of fiscal 

18 years 2018 through 2020. 

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

20 date of enactment of this Act, the Comptroller General 

21 of the United States shall submit to the appropriate com22 mittees of Congress a report on the pilot program, includ23 ing— 

24 (1) the level of airport interest and participa25 tion in the pilot program; 


lotter on DSKBCFDHB2PROD with BILLS
26 

•S 1872 IS

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

2 achieved by each program participant; and 

3 (3) recommendations regarding whether to ex4 pand or discontinue the pilot program. 

5 SEC. 218. AUTHORIZATION OF APPROPRIATIONS; EXIT 

6 LANE SECURITY. 

7 There is authorized to be appropriated to carry out 

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

9 $77,000,000 for each of fiscal years 2018 through 2020. 

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

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

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

13 make available to the public information on wait times at 

14 each airport security checkpoint. 

15 (b) REQUIREMENTS.—The information described in 

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

17 and published— 

18 (1) online; and 

19 (2) in physical locations at the applicable air20 port terminal. 

21 (c) CONSIDERATIONS.—The Administrator shall 

22 make the information described in subsection (a) available 

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

24 area security risks. 


lotter on DSKBCFDHB2PROD with BILLS
27 

•S 1872 IS

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

2 term ‘‘wait time’’ means the period beginning when a pas3 senger enters a queue for a screening checkpoint and end4 ing when the passenger has begun divestment of items re5 quiring screening at that checkpoint. 

6 SEC. 220. GAO REPORT ON UNIVERSAL DEPLOYMENT OF 

7 ADVANCED IMAGING TECHNOLOGIES. 

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

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

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

11 to fully deploy advanced imaging technologies at each air12 port at which security screening operations are conducted 

13 or overseen by the TSA. 

14 (b) COST ANALYSIS.—As a part of the study con15 ducted under subsection (a), the Comptroller General shall 

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

17 the airport— 

18 (1) to purchase the equipment and other assets 

19 necessary to deploy advanced imaging technologies 

20 at the airport; 

21 (2) to install such equipment, including any re22 lated variant, and assets in the airport; and 

23 (3) to maintain such equipment and assets. 

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

25 of enactment of this Act, the Comptroller General shall 


lotter on DSKBCFDHB2PROD with BILLS
28 

•S 1872 IS

1 submit to the appropriate committees of Congress a report 

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

3 Subtitle B—Public Area Security 

4 SEC. 221. THIRD PARTY CANINES. 

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

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

7 canine teams for use by the TSA and aviation stake8 holders, the Administrator shall develop and issue stand9 ards that a third party explosives detection canine team 

10 must satisfy to be certified for the screening of individuals 

11 and property, including detection of explosive vapors 

12 among individuals and articles of property, in public areas 

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

14 States Code. 

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

16 and (e), not later than 180 days after the date of enact17 ment of this Act, the Administrator shall enter into an 

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

19 certify the capabilities of canine teams in accordance with 

20 the standards under subsection (a). 

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

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

23 (1) the other transaction authority under sec24 tion 114(m) of title 49, United States Code; or 


lotter on DSKBCFDHB2PROD with BILLS
29 

•S 1872 IS

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

2 Secretary considers appropriate to expedite the de3 ployment of additional canine teams. 

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

5 under subsection (b), the Administrator shall— 

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

7 ability to effectively evaluate the capabilities of ca8 nine teams; 

9 (2) designate at least 3 evaluation centers to 

10 which vendors may send canine teams for testing 

11 and certification by the third party entity; and 

12 (3) periodically assess the program at evalua13 tion centers to ensure the proficiency of the canine 

14 team beyond the initial testing and certification by 

15 the third party entity. 

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

17 the use of third party entities to test and certify the capa18 bilities of canine teams, the Administrator shall consult 

19 with the following entities before entering into an agree20 ment under subsection (b): 

21 (1) The Secretary of State. 

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

23 and provide the services of canines for various pur24 poses. 


lotter on DSKBCFDHB2PROD with BILLS
30 

•S 1872 IS

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

2 process to ensure appropriate oversight of the certification 

3 program and compliance with the standards under sub4 section (a), including periodic audits of participating third 

5 party entities. 

6 (g) AUTHORIZATION.— 

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

8 implement a process for the TSA to procure third 

9 party explosives detection canine teams certified 

10 under this section. 

11 (2) AVIATION STAKEHOLDERS.— 

12 (A) IN GENERAL.—The Administrator 

13 shall authorize an aviation stakeholder, under 

14 the oversight of and in coordination with the 

15 Federal Security Director at an applicable air16 port, to contract with, procure or purchase, and 

17 deploy one or more third party explosives detec18 tion canine teams certified under this section to 

19 augment public area security at that airport. 

20 (B) APPLICABLE LARGE HUB AIRPORTS.— 

21 Notwithstanding any law to the contrary and 

22 subject to the other provisions of this para23 graph, an applicable large hub airport may pro24 vide a certified canine contracted with, or pro25 cured or purchased under subparagraph (A) on 


lotter on DSKBCFDHB2PROD with BILLS
31 

•S 1872 IS

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

2 a passenger screening canine at that airport un3 less the applicable large hub airport consents to 

4 the use of that certified canine elsewhere. 

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

6 before an applicable large hub airport begins 

7 training a canine under subparagraph (B), the 

8 airport shall notify the TSA of such training 

9 and the Administrator shall assign a TSA ca10 nine handler to participate in the training with 

11 that canine, as appropriate. 

12 (D) LIMITATION.—The Administrator may 

13 not reduce the staffing allocation model for an 

14 applicable large hub airport based on that air15 port’s participation in canine testing and certifi16 cation under this paragraph. 

17 (h) DEFINITIONS.—In this section: 

18 (1) APPLICABLE LARGE HUB AIRPORT.—The 

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

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

21 United States Code) that has less than 100 percent 

22 of the allocated passenger screening canine teams 

23 staffed by the TSA. 


lotter on DSKBCFDHB2PROD with BILLS
32 

•S 1872 IS

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, test9 ing, and validation or certification of public and private 

10 canine assets utilized by the TSA to facilitate improved 

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

12 performance 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, 

16 the Administrator shall notify the appropriate committees 

17 of Congress of the number of VIPR teams available for 

18 deployment at transportation facilities, including— 

19 (1) the number of VIPR team operations that 

20 include explosive detection canine teams; and 

21 (2) the distribution of VIPR team operations 

22 deployed across different modes of transportation. 

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

24 may contain a classified annex. 


lotter on DSKBCFDHB2PROD with BILLS
33 

•S 1872 IS

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

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

3 and Response team authorized under section 1303 of the 

4 National 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 ac8 cordance with law and as received or developed, periodi9 cally submit to Federal Security Directors and appropriate 

10 aviation security stakeholders information on any best 

11 practices developed by the TSA or appropriate aviation 

12 stakeholders related to protecting aviation infrastructure 

13 from emerging threats to public spaces of transportation 

14 venues. 

15 (b) INFORMATION SHARING.—The Administrator 

16 shall, in accordance with law— 

17 (1) in coordination with the Office of the Direc18 tor of National Intelligence and industry partners, 

19 implement improvements to the Air Domain Intel20 ligence and Analysis Center to encourage increased 

21 participation from aviation stakeholders and enhance 

22 government and industry aviation security informa23 tion sharing on aviation security threats, including 

24 on cybersecurity threat awareness; and 


lotter on DSKBCFDHB2PROD with BILLS
34 

•S 1872 IS

1 (2) expand and improve the City and Airport 

2 Threat Assessment or similar program to public and 

3 private aviation stakeholders to capture, quantify, 

4 communicate, and apply applicable intelligence to in5 form airport mitigation measures, such as— 

6 (A) quantifying levels of risk by airport 

7 that can be used to determine risk-based secu8 rity mitigation measures at each location; 

9 (B) determining random and surge em10 ployee inspection operations based on changing 

11 levels of risk; and 

12 (C) targeting any high-risk employee 

13 groups and specific points of risk within the 

14 airport perimeter for such mitigation measures 

15 as random inspections; 

16 (3) continue to disseminate Transportation In17 telligence Notes, tear-lines, and related intelligence 

18 products to appropriate transportation security 

19 stakeholders on a regular basis; and 

20 (4) continue to conduct both regular routine 

21 and threat-specific classified briefings between the 

22 TSA and appropriate aviation and other transpor23 tation sector stakeholders on an individual or group 

24 basis to provide greater information sharing between 

25 public and private sectors. 


lotter on DSKBCFDHB2PROD with BILLS
35 

•S 1872 IS

1 (c) MASS NOTIFICATION.—The Administrator shall 

2 encourage aviation security stakeholders to utilize mass 

3 notification systems, including the Integrated Public Alert 

4 Warning System of the Federal Emergency Management 

5 Agency and social media platforms, to disseminate infor6 mation to transportation community employees, travelers, 

7 and the general public, as appropriate. 

8 (d) PUBLIC AWARENESS PROGRAMS.—The Secretary 

9 of Homeland Security, in coordination with the Adminis10 trator, shall expand public programs of the Department 

11 and the TSA that increase security threat awareness, edu12 cation, and training to include transportation network 

13 public area employees, including airport and transpor14 tation vendors, local hotels, cab and limousine companies, 

15 ridesharing companies, cleaning companies, gas station at16 tendants, cargo operators, and general aviation members. 

17 (e) AVIATION EMPLOYEE VETTING.—The Adminis18 trator shall allow an air carrier, airport, or airport oper19 ator, in addition to any background check required for ini20 tial employment, to utilize the Federal Bureau of Inves21 tigation’s Rap Back Service and other vetting tools as ap22 propriate, including the No-Fly and Selectee lists, to get 

23 immediate notification of any criminal activity relating to 

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


lotter on DSKBCFDHB2PROD with BILLS
36 

•S 1872 IS

1 regardless of whether the employee is seeking access to 

2 a public or secured area of the airport. 

3 SEC. 225. LAW ENFORCEMENT OFFICER REIMBURSEMENT 

4 PROGRAM. 

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

6 44903(c)(1) of title 49, United States Code, the Adminis7 trator shall increase the number of awards, and the total 

8 funding amount of each award, under the Law Enforce9 ment Officer Reimbursement Program— 

10 (1) to increase the presence of law enforcement 

11 officers in the public areas of airports, including 

12 baggage claim, ticket counters, and nearby roads; 

13 (2) to increase the presence of law enforcement 

14 officers at screening checkpoints; 

15 (3) to reduce the response times of law enforce16 ment officers during security incidents; and 

17 (4) to provide visible deterrents to potential ter18 rorists. 

19 (b) COOPERATION BY ADMINISTRATOR.—In carrying 

20 out subsection (a), the Administrator shall use the author21 ity provided to the Administrator under section 114(m) 

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

23 as is provided to the Administrator of the Federal Aviation 

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


lotter on DSKBCFDHB2PROD with BILLS
37 

•S 1872 IS

1 (c) ADMINISTRATIVE BURDENS.—The Administrator 

2 shall review the regulations and compliance policies related 

3 to the Law Enforcement Officer Reimbursement Program 

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

5 reduce any administrative burdens on applicants or recipi6 ents of such awards. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out section 

9 44901(h) of title 49, United States Code, $55,000,000 for 

10 each of fiscal years 2018 through 2020. 

11 Subtitle C—Passenger and Cargo 

12 Security 

13 SEC. 231. PRECHECK PROGRAM. 

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

15 as follows: 

16 ‘‘§ 44919. PreCheck Program 

17 ‘‘(a) IN GENERAL.—The Administrator of the Trans18 portation Security Administration shall continue to ad19 minister the PreCheck Program in accordance with section 

20 109(a)(3) of the Aviation and Transportation Security Act 

21 (49 U.S.C. 114 note). 

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

23 date of enactment of the TSA Modernization Act, the Ad24 ministrator shall enter into an agreement, using other 

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


lotter on DSKBCFDHB2PROD with BILLS
38 

•S 1872 IS

1 with at least 2 private sector entities to increase the meth2 ods and capabilities available for the public to enroll in 

3 the PreCheck Program. 

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

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

6 following capabilities: 

7 ‘‘(1) Start-to-finish secure online or mobile en8 rollment capability. 

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

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

11 ‘‘(A) such means— 

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

13 Secretary of Homeland Security; 

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

15 anti-terrorism technology under section 

16 865 of the Homeland Security Act of 2002 

17 (6 U.S.C. 444); or 

18 ‘‘(iii) are determined by the Adminis19 trator to provide a risk assessment that is 

20 as effective as a fingerprint-based criminal 

21 history records check conducted through 

22 the Federal Bureau of Investigation with 

23 respect to identifying individuals who are 

24 not qualified to participate in the 


lotter on DSKBCFDHB2PROD with BILLS
39 

•S 1872 IS

1 PreCheck Program due to disqualifying 

2 criminal history; and 

3 ‘‘(B) with regard to private sector risk as4 sessments, the Secretary has certified that rea5 sonable procedures are in place with regard to 

6 the accuracy, relevancy, and proper utilization 

7 of information employed in such risk assess8 ments. 

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

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

11 following capabilities: 

12 ‘‘(1) Start-to-finish secure online or mobile en13 rollment capability. 

14 ‘‘(2) Vetting of an applicant by means of bio15 metrics if the collection— 

16 ‘‘(A) is comparable with the appropriate 

17 and applicable standards developed by the Na18 tional Institute of Standards and Technology; 

19 and 

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

21 including that any personally identifiable infor22 mation is collected, retained, used, and shared 

23 in a manner consistent with section 552a of 

24 title 5, United States Code (commonly known 


lotter on DSKBCFDHB2PROD with BILLS
40 

•S 1872 IS

1 as ‘Privacy Act of 1974’), and with agency reg2 ulations. 

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

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

5 expand the total number of individuals enrolled in the 

6 PreCheck Program as follows: 

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

8 2018. 

9 ‘‘(2) 10,000,000 passengers before October 1, 

10 2019. 

11 ‘‘(3) 15,000,000 passengers before October 1, 

12 2020. 

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

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

15 Modernization Act, the Administrator shall— 

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

17 other transaction authority under section 114(m) of 

18 this title, to market the PreCheck Program; and 

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

20 partnering with the private sector to encourage en21 rollment in such program. 

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

23 Administrator shall— 

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

25 components of the Department to leverage DepartVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
41 

•S 1872 IS

1 ment-held data and technologies to verify the iden2 tity and citizenship of individuals enrolling in the 

3 PreCheck Program; 

4 ‘‘(2) partner with the private sector to use bio5 metrics and authentication standards, such as rel6 evant standards developed by the National Institute 

7 of Standards and Technology, to facilitate enroll8 ment in the program; and 

9 ‘‘(3) consider leveraging the existing resources 

10 and abilities of airports to collect fingerprints for 

11 use in background checks to expedite identity 

12 verification. 

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

14 The Administrator shall— 

15 ‘‘(1) ensure that PreCheck Program screening 

16 lanes are open and available during peak and high17 volume travel times at appropriate airports to indi18 viduals enrolled in the PreCheck Program; and 

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

20 expedited screening at standard screening lanes dur21 ing times when PreCheck Program screening lanes 

22 are closed to individuals enrolled in the program in 

23 order to maintain operational efficiency. 

24 ‘‘(i) VETTING FOR PRECHECK PROGRAM PARTICI25 PANTS.—The Administrator shall initiate an assessment 


lotter on DSKBCFDHB2PROD with BILLS
42 

•S 1872 IS

1 to identify any security vulnerabilities in the vetting proc2 ess for the PreCheck Program, including determining 

3 whether subjecting PreCheck Program participants to re4 current fingerprint-based criminal history records checks, 

5 in addition to recurrent checks against the terrorist 

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

7 strengthen the security of the PreCheck Program. 

8 ‘‘(j) ASSURANCE OF SEPARATE PROGRAM.—In car9 rying out this section, the Administrator shall ensure that 

10 the PreCheck program enrollment capabilities, including 

11 the additional private sector application capabilities under 

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

13 related TSA program, initiative, or procurement, including 

14 the Universal Enrollment Services program. 

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

16 expended by the Administrator to expand PreCheck Pro17 gram enrollment shall be expended in a manner that meets 

18 the requirements of this section.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

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

23 subtitle in the table of contents of that Act are re24 pealed. 


lotter on DSKBCFDHB2PROD with BILLS
43 

•S 1872 IS

1 (2) TABLE OF CONTENTS.—The table of con2 tents of chapter 449 is amended by amending the 

3 item relating to section 44919 to read as follows: 

‘‘44919. PreCheck Program.’’. 

4 (3) SCREENING PASSENGERS AND PROPERTY.— 

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

6 or’’. 

7 SEC. 232. TRUSTED TRAVELER PROGRAMS; COLLABORA8 TION. 

9 Not later than 180 days after the date of enactment 

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

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

12 shall— 

13 (1) review each trusted traveler program ad14 ministered by U.S. Customs and Border Protection 

15 and the PreCheck Program; 

16 (2) identify any improvements that can be made 

17 to such programs— 

18 (A) to streamline and integrate the re19 quirements and operations of such programs to 

20 reduce administrative burdens, including appli21 cations for inclusion and determining whether a 

22 valid credential can satisfy the requirements for 

23 another credential; 

24 (B) to increase information and data shar25 ing across such programs; and 


lotter on DSKBCFDHB2PROD with BILLS
44 

•S 1872 IS

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

2 to the applications for enrollment in all of such 

3 programs from 1 online portal; 

4 (3) identify any law, including regulations, pol5 icy, or procedure that may unnecessarily inhibit col6 laboration among Department of Homeland Security 

7 agencies regarding such programs or implementation 

8 of the improvements identified under paragraph (2); 

9 (4) recommend any legislative, administrative, 

10 or other actions that can be taken to eliminate any 

11 unnecessary barriers to collaboration or implementa12 tion identified in paragraph (3); and 

13 (5) submit to the appropriate committees of 

14 Congress a report on the review, including any un15 necessary barriers to collaboration or implementa16 tion identified under paragraph (3), and any rec17 ommendations under paragraph (4). 

18 SEC. 233. PASSENGER SECURITY FEE. 

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

20 the following: 

21 ‘‘(3) OFFSETTING COLLECTIONS.—Beginning 

22 on October 1, 2025, fees collected under subsection 

23 (a)(1) for any fiscal year shall be credited as offset24 ting collections to appropriations made for aviation 

25 security measures carried out by the Transportation 


lotter on DSKBCFDHB2PROD with BILLS
45 

•S 1872 IS

1 Security Administration, to remain available until 

2 expended.’’. 

3 SEC. 234. THIRD PARTY CANINE TEAMS FOR AIR CARGO SE4 CURITY. 

5 Section 1307 of the Implementing Recommendations 

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

7 amended by adding at the end the following: 

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

9 SECURITY.— 

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

11 screening of air cargo and ensure that third party 

12 explosives detection canine assets are leveraged for 

13 such purpose, the Administrator shall, not later than 

14 180 days after the date of enactment of the TSA 

15 Modernization Act— 

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

17 use of such third party explosives detection ca18 nine assets for the primary screening of air 

19 cargo; 

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

21 non-Federal entities that will certify canine as22 sets that meet the standards established by the 

23 Administrator under subparagraph (A); 

24 ‘‘(C) ensure that entities qualified to cer25 tify canine assets shall be independent from enVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
46 

•S 1872 IS

1 tities that will train and provide canines to end 

2 users of such canine assets; 

3 ‘‘(D) establish a system of Transportation 

4 Security Administration audits of the process 

5 developed under subparagraph (B); and 

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

7 primary screening of air cargo can be used by 

8 air carriers, foreign air carriers, freight for9 warders, and shippers. 

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

11 date that the development of the process under para12 graph (1)(B) is complete, the Administrator shall— 

13 ‘‘(A) facilitate the deployment of such as14 sets that meet the certification standards of the 

15 Administration, as determined by the Adminis16 trator; 

17 ‘‘(B) make such standards available to 

18 vendors seeking to train and deploy third party 

19 explosives detection canine assets; and 

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

21 and certification of canines, and for the use of 

22 supplied canines, are borne by private industry 

23 and not the Federal Government. 

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


lotter on DSKBCFDHB2PROD with BILLS
47 

•S 1872 IS

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

2 has the meaning given the term in section 

3 40102 of title 49, United States Code. 

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

5 ‘foreign air carrier’ has the meaning given the 

6 term in section 40102 of title 49, United States 

7 Code. 

8 ‘‘(C) THIRD PARTY EXPLOSIVES DETEC9 TION CANINE ASSET.—The term ‘third party 

10 explosives detection canine asset’ means any ex11 plosives detection canine or handler not owned 

12 or employed, respectively, by the Transportation 

13 Security Administration.’’. 

14 SEC. 235. KNOWN SHIPPER PROGRAM REVIEW. 

15 The Administrator shall direct the Air Cargo Sub16 committee of ASAC— 

17 (1) to conduct a comprehensive review and se18 curity assessment of the Known Shipper Program; 

19 (2) to recommend whether the Known Shipper 

20 Program should be modified or eliminated consid21 ering the full implementation of 100 percent screen22 ing under section 44901(g) of title 49, United States 

23 Code; and 

24 (3) to report its findings and recommendations 

25 to the Administrator. 


lotter on DSKBCFDHB2PROD with BILLS
48 

•S 1872 IS

1 SEC. 236. SCREENING PARTNERSHIP PROGRAM UPDATES. 

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

3 Section 44920 is amended— 

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

5 screening opt-out program’’ and inserting 

6 ‘‘Screening partnership program’’; 

7 (2) by amending subsection (a) to read as fol8 lows: 

9 ‘‘(a) IN GENERAL.—An operator of an airport, air10 port terminal, or airport security checkpoint may submit 

11 to the Administrator of the Transportation Security Ad12 ministration an application to carry out the screening of 

13 passengers and property at the airport under section 

14 44901 by personnel of a qualified private screening com15 pany pursuant to a contract with the Transportation Se16 curity Administration.’’; 

17 (3) in subsection (b)— 

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

19 follows: 

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

21 after the date of receipt of an application submitted 

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

23 airport security checkpoint under subsection (a), the 

24 Administrator shall approve or deny the applica25 tion.’’; and 


lotter on DSKBCFDHB2PROD with BILLS
49 

•S 1872 IS

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

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

3 inserting ‘‘Administrator’’; 

4 (4) in subsection (d)— 

5 (A) in the heading, by striking ‘‘STAND6 ARDS’’ inserting ‘‘SELECTION OF CONTRACTS

7 AND STANDARDS’’; 

8 (B) by redesignating paragraph (2) as 

9 paragraph (3); 

10 (C) in paragraph (1)— 

11 (i) by striking ‘‘The Under Secretary 

12 may enter’’ and all that follows through 

13 ‘‘certifies to Congress that—’’ and insert14 ing ‘‘The Administrator shall, upon ap15 proval of the application, provide each op16 erator of an airport, airport terminal, or 

17 airport security checkpoint with a list of 

18 qualified private screening companies.’’; 

19 and 

20 (ii) by inserting before subparagraphs 

21 (A) and (B) the following: 

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

23 after the selection of a qualified private screening 

24 company by the operator, the Administrator shall 

25 enter into a contract with such company for the proVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
50 

•S 1872 IS

1 vision of screening at the airport, airport terminal, 

2 or airport security checkpoint if—’’; and 

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

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

5 and’’ and inserting a semicolon; 

6 (ii) in subparagraph (B)— 

7 (I) by striking ‘‘Under Sec8 retary’’ and inserting ‘‘Adminis9 trator’’; and 

10 (II) by striking the period at the 

11 end and inserting ‘‘; and’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(C) the selected qualified private screen15 ing company offered contract price is equal to 

16 or less than the comprehensive cost to the Fed17 eral Government to provide screening services 

18 at the airport, airport terminal, or airport secu19 rity checkpoint.’’; and 

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

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

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

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

24 each place it appears and inserting ‘‘Ad25 ministrator’’; 


lotter on DSKBCFDHB2PROD with BILLS
51 

•S 1872 IS

1 (5) in subsection (e)— 

2 (A) in the heading, by striking 

3 ‘‘SCREENED’’ and inserting ‘‘SCREENING’’; 

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

5 inserting ‘‘; and’’; 

6 (C) by striking ‘‘The Under Secretary 

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

8 ’’; 

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

10 Federal Government’’ and indenting appro11 priately; and 

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

13 ‘‘(2) undertake covert testing and remedial 

14 training support for employees of private screening 

15 companies providing screening at airports.’’; 

16 (6) in subsection (f)— 

17 (A) in the heading, by inserting ‘‘OR SUS18 PENSION’’; 

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

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

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

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

23 and 

24 (7) by striking subsection (h). 


lotter on DSKBCFDHB2PROD with BILLS
52 

•S 1872 IS

1 (b) APPLICATIONS SUBMITTED BEFORE THE DATE

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

3 of enactment of this Act, the Administrator shall approve 

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

5 United States Code, as amended by this Act, each applica6 tion submitted before the date of enactment of this Act, 

7 by an airport operator under subsection (a) of that sec8 tion, that is awaiting such a determination. 

9 SEC. 237. SCREENING PERFORMANCE ASSESSMENTS. 

10 Subject to part 1520 of title 49, Code of Federal Reg11 ulations, the Administrator shall quarterly make available 

12 to the airport director of an airport— 

13 (1) an assessment of the screening performance 

14 of that airport compared to the mean average per15 formance of all airports in the equivalent airport 

16 category for screening performance data; and 

17 (2) a quarterly briefing on the results of per18 formance data reports, including— 

19 (A) a scorecard of objective metrics devel20 oped by the Office of Security Operations to 

21 measure screening performance, such as results 

22 of annual proficiency reviews and covert testing, 

23 at the appropriate level of classification; and 

24 (B) other performance data, including— 

25 (i) passenger throughput; 


lotter on DSKBCFDHB2PROD with BILLS
53 

•S 1872 IS

1 (ii) wait times; and 

2 (iii) employee attrition, absenteeism, 

3 injury rates, and any other human capital 

4 measures collected by TSA. 

5 SEC. 238. TSA ACADEMY REVIEW. 

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

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

8 United States shall— 

9 (1) conduct an assessment of the efficiency and 

10 effectiveness of the new-hire TSA Academy at train11 ing airport security personnel compared to when 

12 such training of transportation security officers was 

13 conducted at local airports; and 

14 (2) submit to the appropriate committees of 

15 Congress a report on the findings of the assessment 

16 and any recommendations to maximize the efficiency 

17 and effectiveness of training for airport security per18 sonnel. 

19 (b) CONTENTS.—The assessment shall— 

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

21 new Transportation Security Officer and Screening 

22 Partnership Program contractor hires at the TSA 

23 Academy compared to when such training of trans24 portation security officers was conducted at local 

25 airports; 


lotter on DSKBCFDHB2PROD with BILLS
54 

•S 1872 IS

1 (2) examine the impact on performance, profes2 sionalism, and retention rates of Transportation Se3 curity Officer and Screening Partnership Program 

4 contractor employees since the new training proto5 cols at the TSA Academy have been put in place 

6 compared to when training was conducted at local 

7 airports; and 

8 (3) examine whether new hire training at the 

9 TSA Academy has had any impact on the airports 

10 and companies that participate in the Screening 

11 Partnership Program. 

12 Subtitle D—Foreign Airport 

13 Security 

14 SEC. 241. LAST POINT OF DEPARTURE AIRPORTS; SECU15 RITY DIRECTIVES. 

16 (a) NOTICE AND CONSULTATION.— 

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

18 the maximum extent practicable, consult and notify 

19 the following stakeholders prior to making changes 

20 to security standards via security directives and 

21 emergency amendments for last points of departure: 

22 (A) Trade association representatives, for 

23 affected air carriers and airports, who hold the 

24 appropriate security clearances. 


lotter on DSKBCFDHB2PROD with BILLS
55 

•S 1872 IS

1 (B) The head of each relevant Federal de2 partment or agency, including the Adminis3 trator of the Federal Aviation Administration. 

4 (2) TRANSMITTAL TO CONGRESS.—Not later 

5 than 3 days after the date that the Administrator 

6 issues a security directive or emergency amendment 

7 for a last point of departure, the Administrator shall 

8 transmit to the appropriate committees of Congress 

9 a description of the extent to which the Adminis10 trator consulted and notified the stakeholders under 

11 paragraph (1). 

12 (b) GAO REPORT.— 

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

14 the date of enactment of this Act, the Comptroller 

15 General of the United States shall review the effec16 tiveness of the TSA process to update, consolidate, 

17 or revoke security directives, emergency amend18 ments, and other policies related to international 

19 aviation security at last point of departure airports 

20 and submit to the appropriate committees of Con21 gress and the Administrator a report on the findings 

22 and recommendations. 

23 (2) CONTENTS.—In conducting the review 

24 under paragraph (1), the Comptroller General 

25 shall— 


lotter on DSKBCFDHB2PROD with BILLS
56 

•S 1872 IS

1 (A) review current security directives, 

2 emergency amendments, and any other policies 

3 related to international aviation security at last 

4 point of departure airports; 

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

6 interagency coordination, stakeholder outreach, 

7 coordination, and feedback; and 

8 (C) recommend any updates, consolidation, 

9 or revocation of such security directives, emer10 gency amendments, and policies. 

11 (c) RESCREENING.—Subject to section 

12 44901(d)(4)(c) of title 49, United States Code, upon dis13 covery of specific threat intelligence, the Administrator 

14 shall immediately direct TSA personnel to rescreen pas15 sengers and baggage arriving from an airport outside the 

16 United States and identify enhanced measures that should 

17 be implemented at that airport. 

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

19 day after the date that the Administrator determines that 

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

21 49, Code of Federal Regulations, or any other applicable 

22 security requirement, the Administrator shall notify the 

23 appropriate committees of Congress. 


lotter on DSKBCFDHB2PROD with BILLS
57 

•S 1872 IS

1 SEC. 242. TRACKING SECURITY SCREENING EQUIPMENT 

2 FROM LAST POINT OF DEPARTURE AIR3 PORTS. 

4 (a) DONATION OF SCREENING EQUIPMENT TO PRO5 TECT THE UNITED STATES.—Chapter 449 is amended— 

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

7 following: 

8 ‘‘§ 44929. Donation of screening equipment to protect 

9 the United States 

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

11 Administrator is authorized to donate security screening 

12 equipment to a foreign last point of departure airport op13 erator if such equipment can be reasonably expected to 

14 mitigate a specific vulnerability to the security of the 

15 United States or United States citizens. 

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

17 screening equipment to a foreign last point of departure 

18 airport operator the Administrator shall— 

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

20 been restored to commercially available settings; 

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

22 standards or algorithms exist on the screening 

23 equipment; and 

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

25 an adequate system— 


lotter on DSKBCFDHB2PROD with BILLS
58 

•S 1872 IS

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

2 screening equipment; and 

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

4 or disposal of the screening equipment to en5 sure the screening equipment does not come 

6 into the possession of terrorists or otherwise 

7 pose a risk to security. 

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

9 donation of security screening equipment under subsection 

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

11 Commerce, Science, and Transportation and the Com12 mittee on Homeland Security and Governmental Affairs 

13 of the Senate and the Committee on Homeland Security 

14 of the House of Representatives a detailed written expla15 nation of the following: 

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

17 States or United States citizens that will be miti18 gated by such donation. 

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

20 such donation is unable or unwilling to purchase se21 curity screening equipment to mitigate such vulner22 ability. 

23 ‘‘(3) An evacuation plan for sensitive tech24 nologies in case of emergency or instability in the 

25 country to which such donation is being made. 


lotter on DSKBCFDHB2PROD with BILLS
59 

•S 1872 IS

1 ‘‘(4) How the Administrator will ensure the se2 curity screening equipment that is being donated is 

3 used and maintained over the course of its life by 

4 the recipient. 

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

6 ‘‘(6) How the appropriate officials will docu7 ment and track any removal or disposal of the 

8 screening equipment by the recipient to ensure the 

9 screening equipment does not come into the posses10 sion of terrorists or otherwise pose a risk to secu11 rity.’’; and 

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

13 the item relating to section 44928 the following: 

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

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

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

18 (c) RAISING INTERNATIONAL STANDARDS.—Not 

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

20 the Administrator shall collaborate with other aviation au21 thorities and the United States Ambassador or the Charge 

22 d’Affaires to the United States Mission to the Inter23 national Civil Aviation Organization, as applicable, to ad24 vance a global standard for each international airport to 

25 document and track the removal and disposal of any secuVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
60 

•S 1872 IS

1 rity screening equipment to ensure the screening equip2 ment does not come into the possession of terrorists or 

3 otherwise pose a risk to security. 

4 SEC. 243. INTERNATIONAL SECURITY STANDARDS. 

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

6 date of enactment of this Act, the Administrator, in con7 sultation with the United States Ambassador to the Inter8 national Civil Aviation Organization, shall notify the Com9 mittee on Commerce, Science, and Transportation and the 

10 Committee on Foreign Relations of the Senate, and the 

11 Committee on Homeland Security and the Committee on 

12 Foreign Affairs of the House of Representatives of pro13 posed international improvements to aviation security. 

14 (b) SECURITY ENHANCEMENT PROPOSALS.—Subject 

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

16 take such action at the International Civil Aviation Orga17 nization as the Administrator and Ambassador consider 

18 necessary to advance aviation security improvement pro19 posals, including if practicable, introducing a resolution to 

20 raise minimum standards for aviation security. 

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

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

23 and periodically thereafter, the Administrator, in consulta24 tion with the Ambassador, shall brief the Committee on 

25 Commerce, Science, and Transportation and the ComVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
61 

•S 1872 IS

1 mittee on Foreign Relations of the Senate, and the Com2 mittee on Homeland Security and the Committee on For3 eign Affairs of the House of Representatives a report on 

4 the implementation of subsection (a). 

5 Subtitle E—Cockpit and Cabin 

6 Security 

7 SEC. 251. FEDERAL AIR MARSHAL SERVICE UPDATES. 

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

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

10 shall develop a standard written agreement that shall be 

11 the basis of all negotiations and agreements that begin 

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

13 States and foreign governments or partners regarding the 

14 presence of Federal air marshals on flights to and from 

15 the United States, including deployment, technical assist16 ance, and information sharing. 

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

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

19 enactment of this Act, all agreements between the United 

20 States and foreign governments or partners regarding the 

21 presence of Federal air marshals on flights to and from 

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

23 Administrator or other authorized United States Govern24 ment representative. 


lotter on DSKBCFDHB2PROD with BILLS
62 

•S 1872 IS

1 (c) EXCEPTION.—The Administrator may schedule 

2 Federal air marshal service on flights operating to a for3 eign country with which no written agreement is in effect 

4 if the Administrator determines that— 

5 (1) such mission is necessary for aviation secu6 rity; and 

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

8 met. 

9 (d) NOTIFICATION TO CONGRESS.— 

10 (1) WRITTEN AGREEMENTS.—Not later than 

11 30 days after the date that the Administrator enters 

12 into a written agreement under this section, the Ad13 ministrator shall transmit to the appropriate com14 mittees of Congress a copy of the agreement. 

15 (2) NO WRITTEN AGREEMENTS.—The Adminis16 trator shall submit to the appropriate committees of 

17 Congress— 

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

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

20 government or partner that does not have a 

21 written agreement under this section, including 

22 an explanation for why no written agreement 

23 exists and a justification for the determination 

24 that such a mission is necessary for aviation se25 curity; and 


lotter on DSKBCFDHB2PROD with BILLS
63 

•S 1872 IS

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

2 that the Administrator makes a determination 

3 to schedule Federal air marshal service on 

4 flights operating to a foreign country with 

5 which no written agreement is in effect under 

6 subsection (c), the name of the applicable for7 eign government or partner, an explanation for 

8 why no written agreement exists, and a jus9 tification for the determination that such mis10 sion is necessary for aviation security. 

11 (e) MISSION SCHEDULING AUTOMATION.—The Ad12 ministrator shall endeavor to acquire automated capabili13 ties or technologies for scheduling Federal air marshal 

14 service missions based on current risk modeling. 

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

16 The Administrator, in consultation with the Adminis17 trator of the Federal Aviation Administration, shall con18 tinue to carry out and encourage increased participation 

19 by air carrier employees in the voluntary self-defense 

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

21 United States Code. 

22 SEC. 253. FLIGHT DECK SAFETY AND SECURITY. 

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

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

25 in consultation with the Administrator of the Federal 


lotter on DSKBCFDHB2PROD with BILLS
64 

•S 1872 IS

1 Aviation Administration, shall complete a detailed threat 

2 assessment to identify any safety or security risks associ3 ated with unauthorized access to the flight decks on com4 mercial aircraft and any appropriate measures that should 

5 be taken based on the risks. 

6 (b) RTCA REPORT.—The Administrator, in coordi7 nation with the Administrator of the Federal Aviation Ad8 ministration, shall disseminate RTCA Document (DO– 

9 329) Aircraft Secondary Barriers and Alternative Flight 

10 Deck Security Procedure to aviation stakeholders, includ11 ing air carriers and flight crew, to convey effective meth12 ods and best practices to protect the flight deck. 

13 SEC. 254. CARRIAGE OF WEAPONS, EXPLOSIVES, AND IN14 CENDIARIES BY INDIVIDUALS. 

15 (a) INTERPRETIVE RULE.—Subject to subsections 

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

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

18 7444) that provides guidance to the public on the types 

19 of property considered to be weapons, explosives, and in20 cendiaries prohibited under section 1540.111 of title 49, 

21 Code of Federal Regulations. 

22 (b) CONSIDERATIONS.—Before determining whether 

23 to amend the interpretive rule to include or remove an 

24 item from the prohibited list, the Administrator shall— 

25 (1) research and evaluate— 


lotter on DSKBCFDHB2PROD with BILLS
65 

•S 1872 IS

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

2 would have on security risks; 

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

4 would have on screening operations, including 

5 effectiveness and efficiency; and 

6 (C) whether the amendment is consistent 

7 with international standards and guidance, in8 cluding of the International Civil Aviation Or9 ganization; and 

10 (2) consult with appropriate aviation security 

11 stakeholders, including ASAC. 

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

13 butter knives, the Administrator may not amend the inter14 pretive rule described in subsection (a) to authorize any 

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

16 cabin of an aircraft. 

17 (d) NOTIFICATION.—The Administrator shall— 

18 (1) publish in the Federal Register any amend19 ment to the interpretive rule described in subsection 

20 (a); and 

21 (2) notify the appropriate committees of Con22 gress of the amendment not later than 3 days before 

23 publication under paragraph (1). 


lotter on DSKBCFDHB2PROD with BILLS
66 

•S 1872 IS

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. 


lotter on DSKBCFDHB2PROD with BILLS
67 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
68 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
69 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
70 

•S 1872 IS

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 

25 Secretary’’ the first place it apVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
71 

•S 1872 IS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
72 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
73 

•S 1872 IS

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 

24 later than one year after the date of enactVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
74 

•S 1872 IS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
75 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
76 

•S 1872 IS

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; 


lotter on DSKBCFDHB2PROD with BILLS
77 

•S 1872 IS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
78 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
79 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
80 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
81 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
82 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
83 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
84 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
85 

•S 1872 IS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
86 

•S 1872 IS

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 

25 a subcommittee of the Research, EngineerVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
87 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
88 

•S 1872 IS

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; 


lotter on DSKBCFDHB2PROD with BILLS
89 

•S 1872 IS

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.’’; 


lotter on DSKBCFDHB2PROD with BILLS
90 

•S 1872 IS

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’’; 


lotter on DSKBCFDHB2PROD with BILLS
91 

•S 1872 IS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
92 

•S 1872 IS

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 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
93 

•S 1872 IS

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— 


lotter on DSKBCFDHB2PROD with BILLS
94 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
95 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
96 

•S 1872 IS

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’’; 


lotter on DSKBCFDHB2PROD with BILLS
97 

•S 1872 IS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
98 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
99 

•S 1872 IS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
100 

•S 1872 IS

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.—’’ 


lotter on DSKBCFDHB2PROD with BILLS
101 

•S 1872 IS

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: 


lotter on DSKBCFDHB2PROD with BILLS
102 

•S 1872 IS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
103 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
104 

•S 1872 IS

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,’’; 


lotter on DSKBCFDHB2PROD with BILLS
105 

•S 1872 IS

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.—’’; 


lotter on DSKBCFDHB2PROD with BILLS
106 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
107 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
108 

•S 1872 IS

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’’; 


lotter on DSKBCFDHB2PROD with BILLS
109 

•S 1872 IS

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 

25 ‘‘Not later than 180 days after the date of enVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
110 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
111 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
112 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
113 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
114 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
115 

•S 1872 IS

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 

24 Administrator’’ and inserting ‘‘or the Ad25 ministrator of the Federal Aviation AdminVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
116 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
117 

•S 1872 IS

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’’; 


lotter on DSKBCFDHB2PROD with BILLS
118 

•S 1872 IS

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 


lotter on DSKBCFDHB2PROD with BILLS
119 

•S 1872 IS

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 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
120 

•S 1872 IS

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 

24 461, 463, and 465 of this title, including conducting invesVerDate Sep 11 2014 01:14 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S1872.IS S1872

lotter on DSKBCFDHB2PROD with BILLS
121 

•S 1872 IS

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— 


lotter on DSKBCFDHB2PROD with BILLS
122 

•S 1872 IS

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. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS