I 

112TH CONGRESS 

1ST SESSION H. R. 3011 

To authorize the programs of the Transportation Security Administration 

relating to the provision of transportation security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2011 

Mr. ROGERS of Alabama (for himself, Mr. KING of New York, Mr. DANIEL

E. LUNGREN of California, Mr. WALBERG, Mr. CRAVAACK, and Mr. 

BROOKS) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the programs of the Transportation Security 

Administration relating to the provision of 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. 

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

5 ‘‘Transportation Security Administration Authorization 

6 Act of 2011’’. 

7 (b) TABLE OF CONTENTS.— 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Authorization of appropriations. 

TITLE II—AVIATION SECURITY 

Subtitle A—Reform 

PART 1—AIRPORT SCREENING

Sec. 201. Checkpoint screening of passengers. 

Sec. 202. Trusted passenger credential. 

Sec. 203. Security screening of individuals with metal implants, prosthetics, 

and physical disabilities traveling in air transportation. 

Sec. 204. Security screenings of children. 

Sec. 205. Requirements for baggage screening technology. 

Sec. 206. Explosives detection canine teams for aviation security. 

Sec. 207. Pilot program on security screening of passengers on commercial 

flights originating outside the United States. 

Sec. 208. Standard operating procedures at airport checkpoints. 

Sec. 209. Advanced passenger prescreening system. 

Sec. 210. Screening in areas other than primary passenger terminals. 

Sec. 211. Automated targeting recognition software. 

Sec. 212. Disabling image retention. 

Sec. 213. Screening strategy. 

PART 2—TRANSPORTATION SECURITY OFFICER TRAINING AND

ACCOUNTABILITY

Sec. 221. Prohibition of advance notice of covert testing to security screeners. 

Sec. 222. Transportation security training programs. 

Sec. 223. Hiring preference for part-time employees. 

Sec. 224. Removal of Administration officers due to performance. 

Sec. 225. Administration ombudsman office. 

PART 3—AIR CARGO SECURITY

Sec. 241. Air cargo advanced screening pilot program. 

Sec. 242. Status of efforts to promote air cargo shipper certification. 

Sec. 243. Explosive detection canine teams for air cargo security. 

PART 4—INFORMATION SHARING AND SECURITY DIRECTIVES

Sec. 261. TSA and homeland security information sharing. 

Sec. 262. Issuance of regulations and security directives using emergency procedures. 

Subtitle B—Other Matters 

Sec. 281. Efficiency review by Assistant Secretary. 

Sec. 282. Aviation security stakeholder participation. 

Sec. 283. Detailed aviation security technology plans for airports. 

Sec. 284. Federal air marshals. 

Sec. 285. Canine detection research and development. 

Sec. 286. Vendor enhancements. 


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Sec. 287. Security risk assessment of airport perimeter access controls. 

Sec. 288. Electromagnetic emissions from passenger screening equipment deployed in airports. 

Sec. 289. Electromagnetic emissions exposure assessment. 

Sec. 290. Reimbursement for airports that have incurred eligible costs. 

Sec. 291. Review of airport security plans. 

Sec. 292. Security procedures during temporary flight restrictions. 

Sec. 293. Security training and assistance to foreign airports. 

Sec. 294. Federal air marshal risk assessments. 

Sec. 295. Protection of the names Federal Air Marshal and Administration. 

Sec. 296. Allowable costs on airport security improvement projects. 

Sec. 297. Report on diversity efforts. 

Sec. 298. Report to Congress on time and attendance programs for transportation security officers. 

TITLE III—SURFACE TRANSPORTATION SECURITY 

Subtitle A—Streamlining Threat Assessments for Credentials 

Sec. 301. Definitions. 

Sec. 302. Task force. 

Sec. 303. Limitations on rulemaking. 

Sec. 304. Surface transportation credentialing. 

Sec. 305. Transportation worker identification credential enrollment centers. 

Sec. 306. Limitation on issuance of HAZMAT licenses. 

Sec. 307. Deadlines and effective dates. 

Sec. 308. Streamlining credentials for secure area access at airports. 

Sec. 309. Jobs impact. 

Subtitle B—Security Assistance and Enhancements 

Sec. 321. Visible intermodal prevention and response teams. 

Sec. 322. Transit security grants. 

Sec. 323. Freight rail security demonstration project. 

Sec. 324. Explosives detection canine teams for surface transportation. 

Sec. 325. Pipeline security study. 

Sec. 326. Repeal of limitation relating to motor carrier security-sensitive material tracking technology. 

Subtitle C—Information Sharing 

Sec. 341. Surface Transportation Security stakeholder participation. 

Sec. 342. Plan to improve information sharing. 

Sec. 343. Best practices sharing. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘Department’’ means the Depart4 ment of Homeland Security. 

5 (2) The term ‘‘Secretary’’ means the Secretary 

6 of Homeland Security. 


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1 (3) The term ‘‘Assistant Secretary’’ means the 

2 Assistant Secretary of Homeland Security (Trans3 portation Security Administration). 

4 (4) The term ‘‘Administration’’ means the 

5 Transportation Security Administration. 

6 (5) The term ‘‘Aviation Security Advisory Com7 mittee’’ means the advisory committee established by 

8 section 44946 of title 49, United States Code, as 

9 added by this Act. 

10 (6) The term ‘‘trusted passenger’’ means any 

11 passenger eligible for expedited screening through a 

12 checkpoint, as determined by the Assistant Sec13 retary. 

14 TITLE I—AUTHORIZATION OF 

15 APPROPRIATIONS 

16 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to the Sec18 retary $7,822,743,000 for fiscal year 2012 and 

19 $7,588,743,000 for fiscal year 2013 for the necessary ex20 penses of the Administration for such fiscal years. 

21 TITLE II—AVIATION SECURITY 

22 Subtitle A—Reform 

23 PART 1—AIRPORT SCREENING 

24 SEC. 201. CHECKPOINT SCREENING OF PASSENGERS. 

25 (a) TRUSTED PASSENGER SCREENING PROGRAM.— 


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1 (1) IN GENERAL.—Section 44901 of title 49, 

2 United States Code is amended— 

3 (A) by redesignating subsections (a) 

4 through (k) as subsections (b) through (l), re5 spectively; and 

6 (B) by inserting before subsection (b), as 

7 so redesignated, the following new subsection 

8 (a): 

9 ‘‘(a) CHECKPOINT SCREENING OF PASSENGERS.— 

10 ‘‘(1) IN GENERAL.—The Assistant Secretary of 

11 Homeland Security (Transportation Security Admin12 istration) shall carry out a risk-based program at 

13 airport checkpoints that provides expedited screening 

14 for trusted passengers based on a comprehensive 

15 analysis of factors which may include but not be lim16 ited to: 

17 ‘‘(A) Low-risk population determinations. 

18 ‘‘(B) Security threat assessments and 

19 background checks. 

20 ‘‘(C) Travel frequency analysis, travel pat21 tern analysis. 

22 ‘‘(2) BRIEF ASSESSMENT INTERVIEW.—As part 

23 of the program required by paragraph (1), a brief 

24 assessment interview of passengers not eligible for 

25 expedited screening may be conducted by a transporVerDate Mar 15 2010 23:51 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011

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1 tation security officer who has received appropriate 

2 training to conduct such interviews. 

3 ‘‘(3) INSPECTOR GENERAL REVIEWS.—The In4 spector General of the Department shall review the 

5 program required by paragraph (1) on a quarterly 

6 basis and submit to the Committee on Homeland Se7 curity of the House of Representatives and other ap8 propriate committees of Congress reports on the re9 sults of such reviews. 

10 ‘‘(4) CONSIDERATION OF OTHER PROGRAMS.— 

11 In developing the trusted passenger program re12 quired by paragraph (1), the Assistant Secretary 

13 shall review and consider all trusted passenger pro14 grams established pursuant to section 109(a)(3) of 

15 the Aviation Transportation Security Act (Public 

16 Law 107–71; 115 Stat. 613; 49 U.S.C. 114 note), 

17 including the Registered Traveler program and any 

18 other Department of Homeland Security pilot or 

19 operational trusted passenger programs. 

20 ‘‘(5) OTHER TRUSTED PASSENGER PRO21 GRAMS.—In addition to the program established 

22 under paragraph (1), the Assistant Secretary may 

23 elect to designate trusted passenger status to pas24 sengers who are members of other governmental or 

25 non-governmental trusted passenger programs, as 


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1 long as such passengers meet the standards and re2 quirements set by the Assistant Secretary. 

3 ‘‘(6) SUSPENSION.—The Assistant Secretary 

4 shall have the authority to suspend expedited screen5 ing for trusted passengers as security conditions 

6 may warrant. 

7 ‘‘(7) TRUSTED PASSENGER DEFINED.—In this 

8 subsection, the term ‘trusted passenger’ means any 

9 passenger eligible for expedited screening through a 

10 checkpoint, as determined by the Assistant Sec11 retary.’’. 

12 (2) IMPLEMENTATION.—The Assistant Sec13 retary shall establish the program required by sub14 section (c) of section 44901 of title 49, United 

15 States Code, as added by paragraph (1), by not later 

16 than 180 days after the date of the enactment of 

17 this Act. 

18 (3) REPORT TO CONGRESS.—Not later than 

19 180 days after first implementing the program re20 quired by subsection (c) of section 44901 of title 49, 

21 United States Code, as added by paragraph (1), the 

22 Assistant Secretary shall submit to the Committee 

23 on Homeland Security of the House of Representa24 tives and the Committee on Commerce, Science, and 


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1 Transportation of the Senate a report on the status 

2 and efficacy of the program. 

3 (b) SECURITY SCREENING FOR MEMBERS OF THE

4 ARMED FORCES.— 

5 (1) IN GENERAL.—Section 44901 of title 49, 

6 United States Code, as amended by subsection (a), 

7 is further amended— 

8 (A) by redesignating subsections (d) 

9 through (l), as redesignated by subsection (a), 

10 as subsections (e) through (m), respectively; 

11 (B) by inserting after subsection (c) the 

12 following new subsection (d): 

13 ‘‘(d) SECURITY SCREENING FOR MEMBERS OF THE

14 ARMED FORCES.— 

15 ‘‘(1) IN GENERAL.—The Assistant Secretary of 

16 Homeland Security (Transportation Security Admin17 istration) shall develop and implement a plan to pro18 vide expedited security screening services for a mem19 ber of the Armed Forces, and any accompanying 

20 family member, when the member of the Armed 

21 Forces presents documentation indicating official or22 ders while in uniform through a primary airport (as 

23 defined by section 47102 of this title). 

24 ‘‘(2) PROTOCOLS.—In developing the plan, the 

25 Assistant Secretary shall consider— 


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1 ‘‘(A) leveraging existing security screening 

2 models used by airports and air carriers to re3 duce passenger wait times before entering a se4 curity screening checkpoint; 

5 ‘‘(B) establishing standard guidelines for 

6 the screening of military uniform items, includ7 ing combat boots; and 

8 ‘‘(C) incorporating any new screening pro9 tocols into an existing trusted passenger pro10 gram, as established pursuant to section 

11 109(a)(3) of the Aviation and Transportation 

12 Security Act (Public Law 107–71; 115 Stat. 

13 613; 49 U.S.C. 114 note) or subsection (c), or 

14 into the development of any new credential or 

15 system that incorporates biometric technology 

16 and other applicable technologies to verify the 

17 identity of individuals traveling in air transpor18 tation. 

19 ‘‘(3) REPORT TO CONGRESS.—The Assistant 

20 Secretary shall submit to the appropriate committees 

21 of Congress a report on the implementation of the 

22 plan.’’; 

23 (C) in subsection (g), as so redesignated, 

24 by striking ‘‘subsection (b)(1)(A)’’ and inserting 

25 ‘‘subsection (c)(1)(A)’’; and 


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1 (D) in subsection (j)(2), as so redesig2 nated, by striking ‘‘subsection (c)’’ and insert3 ing ‘‘subsection (e)’’. 

4 (2) EFFECTIVE DATE.—Not later than 180 

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

6 Assistant Secretary shall establish the plan required 

7 by the amendments made by paragraph (1). 

8 SEC. 202. TRUSTED PASSENGER CREDENTIAL. 

9 Section 44903(h) of title 49, United States Code, is 

10 amended— 

11 (1) by redesignating paragraph (7) as para12 graph (8); and 

13 (2) by inserting after paragraph (6) the fol14 lowing: 

15 ‘‘(7) TRUSTED PASSENGER CREDENTIAL.—Not 

16 later than one year after the date of the enactment 

17 of the Transportation Security Administration Au18 thorization Act of 2011, the Assistant Secretary of 

19 Homeland Security (Transportation Security Admin20 istration) shall— 

21 ‘‘(A) work with industry to establish stand22 ards for a voluntary trusted passenger creden23 tial that incorporates biometric identifier tech24 nology; 


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1 ‘‘(B) establish a process by which the cre2 dential will be used to verify the identity of 

3 trusted passengers and allow them expedited 

4 passenger and carry-on baggage screening; 

5 ‘‘(C) establish procedures— 

6 ‘‘(i) to ensure that only trusted pas7 sengers are issued the trusted passenger 

8 credential; 

9 ‘‘(ii) to resolve failures to enroll, false 

10 matches, and false nonmatches relating to 

11 use of the trusted passenger credential; 

12 and 

13 ‘‘(iii) to invalidate any trusted pas14 senger credential that is lost, stolen, or no 

15 longer authorized for use; 

16 ‘‘(D) establish standards for the issuance 

17 of the trusted passenger credential to each 

18 trusted passenger that applies for a credential; 

19 ‘‘(E) establish eligibility procedures for the 

20 trusted passenger credential; 

21 ‘‘(F) take such other actions with respect 

22 to the trusted passenger credential as the As23 sistant Secretary considers appropriate; and 


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1 ‘‘(G) ensure that the credential is not re2 quired for expedited screening under section 

3 44901(a) of this title.’’. 

4 SEC. 203. SECURITY SCREENING OF INDIVIDUALS WITH 

5 METAL IMPLANTS, PROSTHETICS, AND PHYS6 ICAL DISABILITIES TRAVELING IN AIR 

7 TRANSPORTATION. 

8 Section 44901 of title 49, United States Code, as 

9 amended by section 201, is further amended— 

10 (1) by redesignating subsections (e) through 

11 (m), as redesignated by section 201, as subsections 

12 (f) through (n), respectively; and 

13 (2) by inserting after subsection (d), as inserted 

14 by section 201, the following new subsection (e): 

15 ‘‘(e) SECURITY SCREENING OF INDIVIDUALS WITH

16 METAL IMPLANTS, PROSTHETICS, PHYSICAL DISABIL17 ITIES, AND SPECIAL MEDICAL NEEDS TRAVELING IN AIR

18 TRANSPORTATION.— 

19 ‘‘(1) IN GENERAL.—The Assistant Secretary of 

20 Homeland Security (Transportation Security Admin21 istration) shall carry out a program to ensure appro22 priate treatment in the screening of individuals with 

23 metal implants, prosthetics, and physical disabilities 

24 traveling in air transportation. 


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1 ‘‘(2) PLAN.—Not later than 180 days after the 

2 date of the enactment of the Transportation Secu3 rity Administration Authorization Act of 2011, the 

4 Assistant Secretary shall submit a plan to the Com5 mittee on Homeland Security of the House of Rep6 resentatives for improving security screening proce7 dures for individuals with metal implants, pros8 thetics, and physical disabilities to limit disruptions 

9 in the screening process while maintaining security. 

10 The plan shall include an analysis of approaches to 

11 limit such disruptions for individuals with metal im12 plants, and benchmarks for implementing changes to 

13 the screening process. 

14 ‘‘(3) PROGRAM.—Not later than 180 days after 

15 the date of the enactment of the Transportation Se16 curity Administration Authorization Act of 2011, the 

17 Assistant Secretary shall implement a program to 

18 improve security screening procedures for individuals 

19 with metal implants, prosthetics, or physical disabil20 ities to limit disruptions in the screening process 

21 while maintaining security. 

22 ‘‘(4) METAL IMPLANT DEFINED.—In this para23 graph, the term ‘metal implant’ means a metal de24 vice or object that has been surgically implanted or 

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1 ing any metal device used in a hip or knee replace2 ment, metal plate, metal screw, metal rod inside a 

3 bone, and other metal orthopedic implants.’’. 

4 SEC. 204. SECURITY SCREENINGS OF CHILDREN. 

5 Section 44901 of title 49, United States Code, as 

6 amended by sections 201 and 202, is further amended— 

7 (1) by redesignating subsections (f) through 

8 (n), as redesignated by section 202, as subsections 

9 (g) through (o), respectively; and 

10 (2) by inserting after subsection (e), as inserted 

11 by section 202, the following new subsection (f): 

12 ‘‘(f) SECURITY SCREENING OF CHILDREN.— 

13 ‘‘(1) IN GENERAL.—A child shall not be subject 

14 to pat-down screening before boarding a passenger 

15 aircraft, unless a screening anomaly cannot be rea16 sonably resolved by checkpoint technology. If a 

17 screening anomaly cannot be resolved by checkpoint 

18 technology, the anomaly may be resolved by the 

19 child’s parent or guardian as directed by a transpor20 tation security officer or by a transportation security 

21 officer with the expressed consent of the child’s par22 ent or guardian. Such a pat-down may be conducted 

23 in a private setting at the request of the parent or 

24 guardian. Any such pat-down conducted in a private 

25 setting of a child who is 16 years of age or younger 


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1 must be conducted in the presence of the child’s par2 ent or guardian. 

3 ‘‘(2) RANDOM SCREENING.—Children shall not 

4 be subject to random pat-down screenings, unless 

5 the Assistant Secretary of Homeland Security 

6 (Transportation Security Administration) determines 

7 that threat conditions warrant such screenings.’’. 

8 SEC. 205. REQUIREMENTS FOR BAGGAGE SCREENING 

9 TECHNOLOGY. 

10 (a) IMPLEMENTATION OF REQUIREMENTS FOR

11 CHECKED BAGGAGE.—Not later than one year after the 

12 date of the enactment of this Act, the Assistant Secretary 

13 shall develop and implement plans to— 

14 (1) acquire needed data for implementation of 

15 the Administration’s 2010 explosives detection sys16 tem requirements; and 

17 (2) deploy explosives detection systems that 

18 meet those requirements, whether through new ac19 quisitions or through upgrading existing systems. 

20 (b) ESTABLISHMENT OF NEW REQUIREMENTS.—Not 

21 later than 180 days after the date of the enactment of 

22 this Act, the Assistant Secretary shall establish and pub23 lish detailed technical requirements for screening tech24 nologies for all carry-on baggage and cargo destined for 

25 commercial aircraft. 


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1 (c) COORDINATION.—The Assistant Secretary may 

2 coordinate with the Under Secretary of Homeland Secu3 rity for Science and Technology to ensure that the require4 ments provided for under subsection (b) and any related 

5 research and development requirements published by the 

6 Under Secretary are aligned to the greatest extent pos7 sible. 

8 (d) COMMUNICATION WITH INDUSTRY.—The Assist9 ant Secretary shall establish a process to communicate 

10 with industry in an open and timely manner regarding ac11 quisition of baggage screening technology and the require12 ments for such technology. 

13 (e) IN-LINE BAGGAGE SCREENING STUDY.—The As14 sistant Secretary shall consult with the Aviation Security 

15 Advisory Committee and submit to the Committee on 

16 Homeland Security of the House of Representatives and 

17 the Committee on Commerce, Science, and Transportation 

18 of the Senate a report on the Administration’s plans, esti19 mated costs, and current benchmarks for replacing explo20 sive detection equipment that is nearing the end of its life 

21 cycle or needs to be upgraded to meet current standards. 

22 SEC. 206. EXPLOSIVES DETECTION CANINE TEAMS FOR 

23 AVIATION SECURITY. 

24 (a) PASSENGER SCREENING TEAMS.—The Assistant 

25 Secretary shall ensure that by the end of 2013 at least 


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1 100 explosives detection canine teams are used for pas2 senger screening purposes at large airports in the United 

3 States at which the Administration has passenger screen4 ing responsibilities. 

5 (b) PROHIBITION OF USE OF EXISTING TEAMS.— 

6 The Assistant Secretary shall ensure that explosives detec7 tion canine teams used for transportation security activi8 ties before the date of enactment of this Act are not used 

9 to meet the requirement under subsection (a). 

10 (c) USE OF CANINES TO RESOLVE SCREENING

11 ANOMALIES.—Where canine teams trained to screen pas12 sengers are available in airports in the United States at 

13 which the Administration has passenger screening respon14 sibilities, the Assistant Secretary may use such teams to 

15 resolve screening anomalies. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

17 amounts authorized to be appropriated under section 101, 

18 there is authorized to be appropriated $25,000,000 to 

19 carry out this section. 

20 SEC. 207. PILOT PROGRAM ON SECURITY SCREENING OF 

21 PASSENGERS ON COMMERCIAL FLIGHTS 

22 ORIGINATING OUTSIDE THE UNITED STATES. 

23 Not later than 90 days after the enactment of this 

24 Act, the Assistant Secretary, working in cooperation with 

25 the Commissioner of Customs and Border Protection, 


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1 shall develop and carry out a pilot program at a large air2 port to test the feasibility of streamlining and eliminating 

3 duplicative aviation security screening of baggage and pas4 sengers arriving in the United States from certain last 

5 point of departure airports selected by the Assistant Sec6 retary who continue on domestic United States flights to 

7 a final destination. 

8 SEC. 208. STANDARD OPERATING PROCEDURES AT AIR9 PORT CHECKPOINTS. 

10 (a) STANDARDIZATION.—Not later than 180 days 

11 after the date of the enactment of this Act, the Assistant 

12 Secretary shall require, to the extent practicable, that 

13 standard operating procedures at airport checkpoints for 

14 passengers and carry-on baggage are standardized and 

15 carried out in a uniform manner among similarly situated 

16 airports. 

17 (b) REPORT TO CONGRESS.—Not later than 270 days 

18 after the date of the enactment of this Act, the Assistant 

19 Secretary shall submit to the Committee on Homeland Se20 curity of the House of Representatives and the Committee 

21 on Commerce, Science, and Transportation of the Senate 

22 a report on how standard operating procedures were 

23 standardized and made uniform in accordance with sub24 section (a). 


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1 (c) AUDITS.—Beginning one year after the date of 

2 the enactment of this Act, the Inspector General of the 

3 Department shall conduct periodic audits of adherence to 

4 the standard operating procedures, as established by the 

5 Assistant Secretary, by screening personnel at large, me6 dium, and small airports in diverse geographical areas. 

7 SEC. 209. ADVANCED PASSENGER PRESCREENING SYSTEM. 

8 Not later than 90 days after the date of the enact9 ment of this Act, the Comptroller General of the United 

10 States shall submit to the Committee on Homeland Secu11 rity of the House of Representatives and the Committee 

12 on Commerce, Science, and Transportation of the Senate 

13 a report that— 

14 (1) describes the progress made by the Depart15 ment in implementing the advanced passenger 

16 prescreening system; and 

17 (2) identifies the total number of misidentified 

18 passengers who must undergo secondary screening 

19 or have been prevented from boarding a plane dur20 ing the preceding year. 

21 SEC. 210. SCREENING IN AREAS OTHER THAN PRIMARY 

22 PASSENGER TERMINALS. 

23 The Administration is authorized to provide screen24 ing services to commercial air carriers in areas other than 

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1 mercial air carrier. A commercial air carrier shall direct 

2 any such request to the Federal Security Director for the 

3 airport where services are needed. A Federal Security Di4 rector may elect to provide screening services should they 

5 be available. The Administration shall seek compensation 

6 from a commercial air carrier requesting the use of screen7 ing services for all reasonable costs in addition to overtime 

8 costs that are incurred in the provision of screening serv9 ices under this section. 

10 SEC. 211. AUTOMATED TARGETING RECOGNITION SOFT11 WARE. 

12 Not later than 90 days after the date of the enact13 ment of this Act, the Assistant Secretary shall certify to 

14 Congress that automated targeting recognition software is 

15 installed on all advanced imaging technology machines 

16 that are currently deployed in commercial airports for pas17 senger screening and for any and all subsequent deploy18 ments of advanced imaging technology machines. 

19 SEC. 212. DISABLING IMAGE RETENTION. 

20 Not later than 30 days after the date of the enact21 ment of this Act, the Assistant Secretary shall certify to 

22 the Committee on Homeland Security of the House of 

23 Representatives and the Commiittee on Commerce, 

24 Science, and Transportation of the Senate that, in order 

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1 suring passenger privacy protection, the image retention 

2 capabilities of all advanced imaging technology utilized by 

3 the Administration to screen passengers at checkpoints in 

4 the Nation’s airports have been disabled. 

5 SEC. 213. SCREENING STRATEGY. 

6 Not later than 90 days after the date of the enact7 ment of this Act, the Assistant Secretary shall submit to 

8 appropriate congressional committees, including the Com9 mittee on Homeland Security of the House of Representa10 tives, a risk-based strategy with benchmarks for modifying 

11 standard operating procedures at the checkpoint for trust12 ed passengers to enter the secure area without removing 

13 their shoes. 

14 PART 2—TRANSPORTATION SECURITY OFFICER 

15 TRAINING AND ACCOUNTABILITY 

16 SEC. 221. PROHIBITION OF ADVANCE NOTICE OF COVERT 

17 TESTING TO SECURITY SCREENERS. 

18 Section 44935 of title 49, United States Code, is 

19 amended— 

20 (1) by redesignating the second subsection (i) 

21 (as redesignated by section 111(a)(1) of the Aviation 

22 and Transportation Security Act (Public Law 107– 

23 71; 115 Stat. 616), relating to accessibility of com24 puter-based training facilities) as subsection (k); and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(l) PROHIBITION OF ADVANCE NOTICE TO SECU4 RITY SCREENERS OF COVERT TESTING AND EVALUA5 TION.— 

6 ‘‘(1) IN GENERAL.—The Assistant Secretary 

7 shall ensure that information concerning a covert 

8 test of a transportation security system to be con9 ducted by a covert testing office, the Inspector Gen10 eral of the Department of Homeland Security, or the 

11 Government Accountability Office is not provided to 

12 any individual prior to the completion of the test. 

13 ‘‘(2) EXCEPTIONS.—Notwithstanding para14 graph (1)— 

15 ‘‘(A) an authorized individual involved in a 

16 covert test of a transportation security system 

17 may provide information concerning the covert 

18 test to— 

19 ‘‘(i) employees, officers, and contrac20 tors of the Federal Government (including 

21 military personnel); 

22 ‘‘(ii) employees and officers of State 

23 and local governments; and 

24 ‘‘(iii) law enforcement officials who 

25 are authorized to receive or directed to be 


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1 provided such information by the Assistant 

2 Secretary, the Inspector General of the De3 partment of Homeland Security, or the 

4 Comptroller General of the United States, 

5 as the case may be; and 

6 ‘‘(B) for the purpose of ensuring the secu7 rity of any individual in the vicinity of a site 

8 where a covert test of a transportation security 

9 system is being conducted, an individual con10 ducting the test may disclose his or her status 

11 as an individual conducting the test to any ap12 propriate individual if a security screener or 

13 other individual who is not a covered employee 

14 identifies the individual conducting the test as 

15 a potential threat. 

16 ‘‘(3) SPECIAL RULES FOR TSA.— 

17 ‘‘(A) MONITORING AND SECURITY OF

18 TESTING PERSONNEL.—The head of each covert 

19 testing office shall ensure that a person or 

20 group of persons conducting a covert test of a 

21 transportation security system for the covert 

22 testing office is accompanied at the site of the 

23 test by a cover team composed of one or more 

24 employees of the covert testing office for the 

25 purpose of monitoring the test and confirming 


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1 the identity of personnel involved in the test 

2 under subparagraph (B). 

3 ‘‘(B) RESPONSIBILITY OF COVER TEAM.— 

4 Under this paragraph, a cover team for a covert 

5 test of a transportation security system shall— 

6 ‘‘(i) monitor the test; and 

7 ‘‘(ii) for the purpose of ensuring the 

8 security of any individual in the vicinity of 

9 a site where the test is being conducted, 

10 confirm, notwithstanding paragraph (1), 

11 the identity of any individual conducting 

12 the test to any appropriate individual if a 

13 security screener or other individual who is 

14 not a covered employee identifies the indi15 vidual conducting the test as a potential 

16 threat. 

17 ‘‘(C) AVIATION SCREENING.—Notwith18 standing subparagraph (A), the Transportation 

19 Security Administration is not required to have 

20 a cover team present during a test of the 

21 screening of persons, carry-on items, or checked 

22 baggage at an aviation security checkpoint at or 

23 serving an airport if the test— 

24 ‘‘(i) is approved, in coordination with 

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1 port operator by the Federal Security Di2 rector for such airport; and 

3 ‘‘(ii) is carried out under an aviation 

4 screening assessment program of the De5 partment of Homeland Security. 

6 ‘‘(D) USE OF OTHER PERSONNEL.—The 

7 Transportation Security Administration may 

8 use employees, officers, and contractors of the 

9 Federal Government (including military per10 sonnel) and employees and officers of State and 

11 local governments to conduct covert tests. 

12 ‘‘(4) DEFINITIONS.—In this subsection, the fol13 lowing definitions apply: 

14 ‘‘(A) APPROPRIATE INDIVIDUAL.—The 

15 term ‘appropriate individual’, as used with re16 spect to a covert test of a transportation secu17 rity system, means any individual that— 

18 ‘‘(i) the individual conducting the test 

19 determines needs to know his or her status 

20 as an individual conducting a test under 

21 paragraph (2)(B); or 

22 ‘‘(ii) the cover team monitoring the 

23 test under paragraph (3)(B)(i) determines 

24 needs to know the identity of an individual 

25 conducting the test. 


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1 ‘‘(B) COVERED EMPLOYEE.—The term 

2 ‘covered employee’ means any individual who 

3 receives notice of a covert test before the com4 pletion of a test under paragraph (2)(A). 

5 ‘‘(C) COVERT TEST.— 

6 ‘‘(i) IN GENERAL.—The term ‘covert 

7 test’ means an exercise or activity con8 ducted by a covert testing office, the In9 spector General of the Department of 

10 Homeland Security, or the Government Ac11 countability Office to intentionally test, 

12 compromise, or circumvent transportation 

13 security systems to identify vulnerabilities 

14 in such systems. 

15 ‘‘(ii) LIMITATION.—Notwithstanding 

16 clause (i), the term ‘covert test’ does not 

17 mean an exercise or activity by an em18 ployee or contractor of the Transportation 

19 Security Administration to test or assess 

20 compliance with relevant regulations. 

21 ‘‘(D) COVERT TESTING OFFICE.—The term 

22 ‘covert testing office’ means any office of the 

23 Transportation Security Administration des24 ignated by the Assistant Secretary to conduct 

25 covert tests of transportation security systems. 


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1 ‘‘(E) EMPLOYEE OF A COVERT TESTING

2 OFFICE.—The term ‘employee of a covert test3 ing office’ means an individual who is an em4 ployee of a covert testing office or a contractor 

5 or an employee of a contractor of a covert test6 ing office.’’. 

7 SEC. 222. TRANSPORTATION SECURITY TRAINING PRO8 GRAMS. 

9 Not later than one year after the date of the enact10 ment of this Act, the Assistant Secretary shall establish 

11 recurring training of transportation security officers re12 garding updates to screening procedures and technologies, 

13 including methods to identify the verification of false or 

14 fraudulent travel documents, in response to weaknesses 

15 identified in covert tests at airports. The training shall 

16 include— 

17 (1) internal controls for monitoring and docu18 menting compliance of transportation security offi19 cers with training requirements; and 

20 (2) such other matters as identified by the As21 sistant Secretary with regard to training. 

22 SEC. 223. HIRING PREFERENCE FOR PART-TIME EMPLOY23 EES. 

24 The Assistant Secretary shall provide a preference for 

25 the hiring of an individual as a full-time transportation 


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1 security officer if the individual is already employed as a 

2 part-time transportation security officer, as long as the 

3 individual meets the performance standards of such em4 ployment. 

5 SEC. 224. REMOVAL OF ADMINISTRATION OFFICERS DUE 

6 TO PERFORMANCE. 

7 Section 44935(f) of title 49, United States Code, is 

8 amended— 

9 (1) by redesignating paragraphs (5) and (6) as 

10 paragraphs (6) and (7), respectively; and 

11 (2) by inserting after paragraph (4) the fol12 lowing new paragraph (5): 

13 ‘‘(5) REMOVAL FOR PERFORMANCE.— 

14 ‘‘(A) IN GENERAL.—If an individual em15 ployed as a transportation security officer fails 

16 any scheduled or covert operational test, includ17 ing an annual proficiency review, more than 

18 three times during a testing period and if such 

19 results are documented, the individual shall be 

20 removed from screening operations within 24 

21 hours. 

22 ‘‘(B) IMMEDIATE REMOVAL FOR NEG23 LIGENCE.—The following individuals shall be 

24 immediately removed from screening operations: 


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1 ‘‘(i) An individual employed as a 

2 transportation security officer who neg3 ligently fails to detect a live explosive with 

4 the potential to do serious harm to human 

5 life or property. 

6 ‘‘(ii) An individual employed as a 

7 transportation security officer responsible 

8 for the verification of travel documents 

9 who negligently fails to verify such travel 

10 documents. 

11 ‘‘(C) REMOVAL AND REVIEW.—Any trans12 portation security officer removed pursuant to 

13 subparagraph (A) or (B) shall suspended with 

14 pay pending an immediate investigation and re15 view by the Assistant Secretary of Homeland 

16 Security (Transportation Security Administra17 tion), who shall have the discretion to reinstate 

18 or terminate any individual removed under this 

19 paragraph.’’. 

20 SEC. 225. ADMINISTRATION OMBUDSMAN OFFICE. 

21 (a) IN GENERAL.—Subchapter II of chapter 449 of 

22 title 49, United States Code is amended by adding at the 

23 end the following new section: 

24 ‘‘§ 44946. Ombudsman 

25 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) ESTABLISHMENT.—There is established an 

2 Office of the Ombudsman in the Transportation Se3 curity Administration. 

4 ‘‘(2) OMBUDSMAN.— 

5 ‘‘(A) IN GENERAL.—The Office shall be 

6 under the direction of the Ombudsman of the 

7 Transportation Security Administration, who 

8 shall be appointed by the Chief Human Capital 

9 Officer of the Department of Homeland Secu10 rity on behalf of the Secretary of Homeland Se11 curity. 

12 ‘‘(B) QUALIFICATIONS.—An individual ap13 pointed as the Ombudsman must have expertise 

14 in— 

15 ‘‘(i) labor and employment relations 

16 with Federal agencies; and 

17 ‘‘(ii) dispute resolution. 

18 ‘‘(C) NOTIFICATION OF APPOINTMENT AND

19 REMOVAL.—The Chief Human Capital Officer 

20 of the Department of Homeland Security shall 

21 notify the appropriate congressional committees 

22 within 30 days after the effective date of any of 

23 the following actions: 

24 ‘‘(i) The appointment of an individual 

25 as Ombudsman. 


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1 ‘‘(ii) The reappointment as Ombuds2 man of an individual who is serving as 

3 Ombudsman. 

4 ‘‘(iii) The removal of an individual 

5 from the position of Ombudsman. 

6 ‘‘(3) ENSURING INDEPENDENCE OF OMBUDS7 MAN.— 

8 ‘‘(A) IN GENERAL.—The Ombudsman shall 

9 report— 

10 ‘‘(i) to the Administrator of the 

11 Transportation Security Administration; 

12 and 

13 ‘‘(ii) to the Chief Human Capital Offi14 cer of the Department of Homeland Secu15 rity with respect to any dispute between 

16 the Ombudsman and the Administrator of 

17 Transportation Security Administration 

18 over matters involving the execution of the 

19 Ombudsman’s duties as set forth in sub20 section (b). 

21 ‘‘(B) INSPECTOR GENERAL’S AUTHORITY

22 TO CONDUCT INVESTIGATIONS NOT AF23 FECTED.—Nothing in this section shall prohibit 

24 the Inspector General of the Department of 


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1 Homeland Security from initiating, carrying 

2 out, or completing any investigation. 

3 ‘‘(b) DUTIES.—The Ombudsman shall— 

4 ‘‘(1) conduct outreach to Transportation Secu5 rity Administration employees, including publicizing 

6 a toll-free telephone number to report complaints; 

7 ‘‘(2) evaluate each complainant’s claim objec8 tively; 

9 ‘‘(3) provide information, advice, and assistance 

10 to complainants and, as appropriate, initiate infor11 mal, impartial fact-finding and inquiries, on com12 plaints or on the Ombudsman’s own initiative; 

13 ‘‘(4) inform each complainant— 

14 ‘‘(A) when the Ombudsman decides against 

15 conducting a fact-finding inquiry into the com16 plaint; 

17 ‘‘(B) on the status of the Ombudsman’s 

18 fact-finding inquiry to the complainant, on a 

19 regular basis if requested by the complainant; 

20 and 

21 ‘‘(C) of the Ombudsman’s recommenda22 tions and information, as appropriate, for the 

23 complainant to formally complain to the appro24 priate authority; 


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1 ‘‘(5) work with the Administrator of the Trans2 portation Security Administration to address issues 

3 identified through fact-finding and inquiries; 

4 ‘‘(6) maintain confidential any matter related to 

5 complaints and inquiries, including the identities of 

6 the complainants and witnesses; and 

7 ‘‘(7) submit an annual report to the appropriate 

8 congressional committees in accordance with sub9 section (c). 

10 ‘‘(c) ANNUAL REPORT.— 

11 ‘‘(1) IN GENERAL.—The Ombudsman shall re12 port no later than September 30 each year to the 

13 appropriate congressional committees on the actions 

14 taken by the Office of the Ombudsman over the pre15 ceding year and the objectives of those actions. 

16 ‘‘(2) CONTENTS.—Each such report shall, for 

17 the period covered by the report, include— 

18 ‘‘(A) statistical information, by region, on 

19 the volume of complaints received, general na20 ture of complaints, general information on com21 plainants, and the percentage of complaints 

22 that resulted in a fact-finding inquiry; 

23 ‘‘(B) a summary of problems encountered 

24 by complainants, including information on the 


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1 most pervasive or serious types of problems en2 countered by complainants; 

3 ‘‘(C) policy recommendations that the Of4 fice of the Ombudsman made to the Adminis5 trator of the Transportation Security Adminis6 tration; 

7 ‘‘(D) an inventory of the items described in 

8 subparagraphs (B) and (C) for which action 

9 has been taken, and the result of such action; 

10 ‘‘(E) an inventory of the items described in 

11 subparagraphs (B) and (C) for which action re12 mains to be completed; and 

13 ‘‘(F) such other information as the Om14 budsman considers relevant. 

15 ‘‘(3) REPORT TO BE SUBMITTED DIRECTLY.— 

16 Each report under this subsection shall be provided 

17 directly to the committees described in paragraph 

18 (1) without any prior comment or amendment by the 

19 Administrator of the Transportation Security Ad20 ministration. However, the Ombudsman shall seek 

21 comment from the Administrator to be submitted by 

22 the Ombudsman together with the annual report. 

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1 man from issuing other reports on the activities of 

2 the Office of the Ombudsman. 

3 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEE

4 DEFINED.—In this section the term ‘appropriate congres5 sional committee’ means the Committee on Homeland Se6 curity of the House of Representatives and any committee 

7 of the House of Representatives or the Senate having leg8 islative jurisdiction under the rules of the House of Rep9 resentatives or Senate, respectively, over the matter con10 cerned.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis at the be12 ginning of such chapter is amended by adding at the end 

13 the items relating to subchapter II the following new item: 

‘‘44946. Ombudsman.’’. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated for each of fiscal years 

16 2012, 2013, and 2014 $575,000 for implementing section 

17 44946 of title 49, United States Code, as amended by this 

18 section. 

19 PART 3—AIR CARGO SECURITY 

20 SEC. 241. AIR CARGO ADVANCED SCREENING PILOT PRO21 GRAM. 

22 (a) PROGRAM AUTHORIZED.—The Secretary is au23 thorized to establish and implement a voluntary air cargo 

24 advanced screening pilot program (hereinafter in this sec25 tion referred to as the ‘‘ACAS Program’’) to include the 


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1 electronic transmission to the Department of data ele2 ments for targeting high-risk cargo, including appropriate 

3 security elements of shipment level data, as determined 

4 by the Secretary, to be provided as advanced information 

5 with respect to cargo on aircraft inbound to the United 

6 States no later than loading of such cargo onto aircraft 

7 at the last point of departure before entering the United 

8 States. Advance information shall be provided on a best 

9 available basis and shall not be subject to penalties related 

10 to data timeliness or accuracy. The goals of the pilot in11 clude— 

12 (1) establishing appropriate communications 

13 systems with freight forwarders and air carriers; and 

14 (2) encouraging freight forwarders and air car15 riers to provide shipment level data for air cargo, de16 parting from any location that is inbound to the 

17 United States. 

18 (b) INSPECTION OF HIGH-RISK CARGO.—Under the 

19 ACAS Program, the Secretary shall ensure that all cargo 

20 that has been identified as high-risk under paragraph (1), 

21 or through other means, is inspected prior to loading of 

22 such cargo onto aircraft at the last point of departure be23 fore entering the United States. 

24 (c) CONSULTATIONS.—In carrying out the ACAS 

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1 munity to ensure that an operationally feasible and prac2 tical approach to the collection of advanced air cargo infor3 mation and inspection of high-risk cargo is adopted that 

4 recognizes the significant differences among air cargo 

5 business models and modes of transportation. 

6 (d) ANALYSIS.—The Secretary may analyze the infor7 mation referred to in paragraph (1) in the Department’s 

8 automated targeting system and integrate the information 

9 with other intelligence to enhance the accuracy of the risk 

10 assessment process for each shipment. 

11 (e) NO DUPLICATION.—This section shall be carried 

12 out in a manner that does not duplicate other programs 

13 or requirements relating to the submission of air cargo 

14 data. 

15 (f) CONSIDERATION OF INDUSTRY.—In carrying out 

16 the ACAS Program, the Secretary shall— 

17 (1) take into consideration that the content and 

18 timeliness of the available data may vary among en19 tities in the air cargo industry and among countries 

20 and shall explore procedures to accommodate the 

21 variations while maximizing the contribution of the 

22 data to the risk targeting process; 

23 (2) test the business processes, technology, and 

24 operational procedures required to provide advance 

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1 ative impacts on vital supply chains are minimized; 

2 and 

3 (3) consider the cost, benefit, and feasibility be4 fore establishing any set time period for submission 

5 of certain elements of the shipment data for aircraft 

6 and air cargo in line with the regulatory guidelines 

7 set forth in Executive Order 13563, and any suc8 cessor Executive Order or regulation. 

9 (g) GUIDANCE.—The Secretary shall provide guid10 ance for participants in the ACAS Program regarding the 

11 requirements for participation, including requirements for 

12 transmitting shipment level data. 

13 (h) USE OF DATA.—The Secretary shall use the data 

14 provided under the ACAS Program for targeting ship15 ments for screening and law enforcement purposes only. 

16 (i) REPORT.—Not later than 180 days after the date 

17 of the commencement of the ACAS Program, the Sec18 retary shall submit to Congress a report detailing the les19 sons learned regarding the operational feasibility of pro20 viding the advance information and the value of that infor21 mation in targeting high-risk cargo. 

22 SEC. 242. STATUS OF EFFORTS TO PROMOTE AIR CARGO 

23 SHIPPER CERTIFICATION. 

24 Not later than 180 days after the date of the enact25 ment of this Act, the Assistant Secretary shall submit to 


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1 the Committee on Homeland Security of the House of 

2 Representatives and the Committee on Commerce, 

3 Science, and Transportation of the Senate a report on the 

4 status of the implementation of the Administration’s pro5 gram to certify the screening methods used by shippers 

6 in a timely manner, in accordance with section 44901(g) 

7 of title 49, United States Code, including participation by 

8 shippers with robust and mature internal security pro9 grams. 

10 SEC. 243. EXPLOSIVE DETECTION CANINE TEAMS FOR AIR 

11 CARGO SECURITY. 

12 (a) IN GENERAL.—In order to enhance the screening 

13 of air cargo and to ensure that third-party explosives de14 tection canine assets are leveraged for this purpose, the 

15 Assistant Secretary shall, within 180 days of the date of 

16 the enactment of this Act, develop a process to certify 

17 third-party explosive detection canines for the screening 

18 of air cargo that can be used by air carriers, foreign air 

19 carriers, freight forwarders, and shippers and that meet 

20 the certification standards of the Administration, as deter21 mined by the Assistant Secretary. 

22 (b) IMPLEMENTATION.—Upon completion of the de23 velopment of the process under subsection (a), the Assist24 ant Secretary shall begin testing third-party explosives de25 tection canine assets and shall facilitate the use of deployVerDate Mar 15 2010 03:20 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011

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1 ment of those teams that meet the certification standards 

2 of the Administration, as determined by the Assistant Sec3 retary. 

4 (c) DEFINITION.—For purposes of this section, the 

5 term ‘‘third-party explosives detection canine assets’’ 

6 means any explosives detection canine or handler that is 

7 not owned or employed by the Administration. 

8 PART 4—INFORMATION SHARING AND SECURITY 

9 DIRECTIVES 

10 SEC. 261. TSA AND HOMELAND SECURITY INFORMATION 

11 SHARING. 

12 (a) FEDERAL SECURITY DIRECTOR.—Section 44933 

13 of title 49, United States Code, is amended— 

14 (1) in the section heading, by striking ‘‘Man15 agers’’ and inserting ‘‘Directors’’; 

16 (2) by striking ‘‘Manager’’ each place it appears 

17 and inserting ‘‘Director’’; 

18 (3) by striking ‘‘Managers’’ each place it ap19 pears and inserting ‘‘Directors’’; and 

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

21 ‘‘(c) INFORMATION SHARING.—Not later than one 

22 year after the date of the enactment of the Transportation 

23 Security Administration Authorization Act of 2011, the 

24 Assistant Secretary shall— 


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1 ‘‘(1) encourage airports to develop clear report2 ing procedures to provide that the Federal Security 

3 Director of the airport is immediately notified when4 ever any Federal, State, or local law enforcement 

5 personnel are called to an aircraft at a gate or on 

6 an airfield at the airport to respond to any security 

7 matter; 

8 ‘‘(2) require each Federal Security Director of 

9 an airport to meet at least quarterly with law en10 forcement agencies serving the airport to discuss in11 cident management protocols, including the resolu12 tion of screening anomalies at passenger screening 

13 checkpoints; and 

14 ‘‘(3) require each Federal Security Director at 

15 an airport to inform, consult, and coordinate, as ap16 propriate, with the airport operator in a timely man17 ner on security matters impacting airport operations 

18 and to establish and maintain operational protocols 

19 with airport operators to ensure coordinated re20 sponses to security matters.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) Section 114(f)(6) of title 49, United States 

23 Code, is amended by striking ‘‘Managers’’ and in24 serting ‘‘Directors’’. 


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1 (2) Section 44940(a)(1)(F) of title 49, United 

2 States Code, is amended by striking ‘‘Managers’’ 

3 and inserting ‘‘Directors’’. 

4 (c) TECHNICAL AMENDMENT.—The chapter analysis 

5 for chapter 449 is amended by striking the item relating 

6 to section 44933 and inserting the following: 

‘‘44933. Federal Security Directors.’’. 

7 SEC. 262. ISSUANCE OF REGULATIONS AND SECURITY DI8 RECTIVES USING EMERGENCY PROCEDURES. 

9 (a) IN GENERAL.—Section 114(l) of title 49, United 

10 States Code, is amended— 

11 (1) in paragraph (2)— 

12 (A) in subparagraph (A) by striking ‘‘im13 mediately in order to protect transportation se14 curity’’ and inserting ‘‘in order to respond to an 

15 imminent threat of finite duration’’; and 

16 (B) in subparagraph (B) by inserting ‘‘to 

17 determine if the regulation or security directive 

18 is needed to respond to an imminent threat of 

19 finite duration’’ before the period at the end of 

20 the first sentence; 

21 (2) by striking paragraph (3) and inserting the 

22 following: 

23 ‘‘(3) FACTORS TO CONSIDER.— 

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1 curity directive under this subsection, the As2 sistant Secretary shall consider, as factors in 

3 the final determination— 

4 ‘‘(i) whether the costs of the regula5 tion or security directive are excessive in 

6 relation to the enhancement of security the 

7 regulation or security directive will provide; 

8 ‘‘(ii) whether the regulation or secu9 rity directive will remain effective for 

10 longer than a 90-day period; and 

11 ‘‘(iii) whether the regulation or secu12 rity directive will require revision if in ef13 fect for a subsequent 90-day period. 

14 ‘‘(B) AUTHORITY TO WAIVE CERTAIN RE15 QUIREMENTS.—For purposes of subparagraph 

16 (A)(i), the Assistant Secretary may waive any 

17 requirement for an analysis that estimates the 

18 number of lives that will be saved by the regula19 tion or security directive or the cost basis for 

20 carrying out the regulation or security directive 

21 if the Assistant Secretary determines that it is 

22 not feasible to make such an estimate.’’; and 

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

24 ‘‘(5) RULEMAKING REQUIRED.—Any regulation 

25 or security directive issued under paragraph (2) that 


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1 remains effective, with or without revision, for a pe2 riod of more than 180 days shall be subject to a 

3 rulemaking pursuant to subchapter II of chapter 5 

4 of title 5.’’. 

5 (b) APPLICABILITY.—The amendment made by sub6 section (a)(3) shall apply to a regulation issued under sec7 tion 114(l)(2) of title 49, United States Code, before, on, 

8 or after the date of the enactment of this Act. 

9 Subtitle B—Other Matters 

10 SEC. 281. EFFICIENCY REVIEW BY ASSISTANT SECRETARY. 

11 (a) REVIEW REQUIRED.—Not later than 270 days 

12 after the enactment of this Act, the Assistant Secretary 

13 shall conduct and complete a comprehensive, agency-wide 

14 efficiency review of the Administration to identify and ef15 fectuate spending reductions and administrative savings 

16 through the streamlining and any necessary restructuring 

17 of agency divisions to make the agency more efficient. In 

18 carrying out the review under this section, the Assistant 

19 Secretary shall consider each of the following: 

20 (1) The elimination of any duplicative or over21 lapping programs and initiatives that can be stream22 lined. 

23 (2) The elimination of any unnecessary or obso24 lete rules, regulations, directives, or procedures. 


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1 (3) The reduction of the workforce over a set 

2 period of time through natural attrition, as a direct 

3 result of efficiencies gained through the implementa4 tion of risk-based screening or through any other 

5 means as determined by the Assistant Secretary. 

6 (4) Any other matters the Assistant Secretary 

7 determines are appropriate. 

8 (b) WORKFORCE REDUCTION PLAN.—Not later than 

9 270 days after the date of the enactment of this Act, the 

10 Secretary, acting through the Assistant Secretary, shall 

11 develop a strategic plan, including a timeline, to reduce 

12 the workforce of the Administration by 5 percent by the 

13 end of fiscal year 2013, to the extent that such a reduction 

14 does not impact security operations. 

15 (c) REPORT TO CONGRESS.—Not later than 30 days 

16 after the completion of the efficiency review required 

17 under subsection (a) and the strategic plan required under 

18 subsection (b), the Assistant Secretary shall submit to the 

19 Committee on Homeland Security of the House of Rep20 resentatives and the Committee on Commerce, Science, 

21 and Transportation of the Senate a report setting forth— 

22 (1) the results and cost savings expected to be 

23 achieved through the efficiency review; and 

24 (2) a copy of the strategic plan. 


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1 SEC. 282. AVIATION SECURITY STAKEHOLDER PARTICIPA2 TION. 

3 (a) IN GENERAL.—Subchapter II of chapter 449 of 

4 title 49, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘§ 44946. Aviation Security Advisory Committee 

7 ‘‘(a) ESTABLISHMENT OF AVIATION SECURITY ADVI8 SORY COMMITTEE.— 

9 ‘‘(1) IN GENERAL.—The Assistant Secretary 

10 shall establish in the Transportation Security Ad11 ministration an advisory committee, to be known as 

12 the Aviation Security Advisory Committee (in this 

13 chapter referred to as the ‘Advisory Committee’), to 

14 assist the Assistant Secretary with issues pertaining 

15 to aviation security, including credentialing. 

16 ‘‘(2) RECOMMENDATIONS.—The Assistant Sec17 retary shall require the Advisory Committee to de18 velop recommendations for improvements to civil 

19 aviation security methods, equipment, and processes. 

20 ‘‘(3) MEETINGS.—The Assistant Secretary shall 

21 require the Advisory Committee to meet at least 

22 semiannually and may convene additional meetings 

23 as necessary. 

24 ‘‘(4) UNPAID POSITION.—Advisory Committee 

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1 ceive no salary, reimbursement of travel expenses, or 

2 other compensation from the Federal Government. 

3 ‘‘(b) MEMBERSHIP.— 

4 ‘‘(1) MEMBER ORGANIZATIONS.—The Assistant 

5 Secretary shall ensure that the Advisory Committee 

6 is composed of not more than one individual rep7 resenting not more than 27 member organizations, 

8 including representation of air carriers, all cargo air 

9 transportation, indirect air carriers, labor organiza10 tions representing air carrier employees, aircraft 

11 manufacturers, airport operators, general aviation, 

12 and the aviation technology security industry, in13 cluding biometrics. 

14 ‘‘(2) APPOINTMENTS.—Members shall be ap15 pointed by the Assistant Secretary, and the Assist16 ant Secretary shall have the discretion to review the 

17 participation of any Advisory Committee member 

18 and remove for cause at any time. 

19 ‘‘(c) NONAPPLICABILITY OF FACA.—The Federal 

20 Advisory Committee Act (5 U.S.C. App.) shall not apply 

21 to the Advisory Committee under this section. 

22 ‘‘(d) AIR CARGO SECURITY WORKING GROUP.— 

23 ‘‘(1) IN GENERAL.—The Assistant Secretary 

24 shall establish within the Advisory Committee an air 

25 cargo security working group to provide recVerDate Mar 15 2010 03:20 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011

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1 ommendations for air cargo security issues, includ2 ing the implementation of the air cargo screening 

3 initiatives proposed by the Transportation Security 

4 Administration to screen air cargo on passenger air5 craft in accordance with established cargo screening 

6 mandates. 

7 ‘‘(2) MEETINGS.—The working group shall 

8 meet at least semiannually and provide annual re9 ports to the Assistant Secretary with recommenda10 tions to improve the Administration’s cargo screen11 ing initiatives established to meet all cargo screening 

12 mandates set forth in section 44901(g) of title 49, 

13 United States Code. 

14 ‘‘(3) MEMBERSHIP.—The working group shall 

15 include members from the Advisory Committee with 

16 expertise in air cargo operations and representatives 

17 from other stakeholders as determined by the Assist18 ant Secretary. 

19 ‘‘(4) REPORTS.— 

20 ‘‘(A) IN GENERAL.—The working group 

21 shall prepare and submit reports to the Assist22 ant Secretary in accordance with this para23 graph that provide cargo screening mandate im24 plementation recommendations. 


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1 ‘‘(B) SUBMISSION.—Not later than one 

2 year after the date of the enactment of this sec3 tion and on an annual basis thereafter, the 

4 working group shall submit its first report to 

5 the Assistant Secretary, including any rec6 ommendations of the group— 

7 ‘‘(i) to reduce redundancies and in8 crease efficiencies with the screening and 

9 inspection of inbound cargo; and 

10 ‘‘(ii) on the potential development of a 

11 fee structure to help sustain cargo screen12 ing efforts. 

13 ‘‘(e) GENERAL AVIATION WORKING GROUP.— 

14 ‘‘(1) IN GENERAL.—The Assistant Secretary 

15 shall establish within the Advisory Committee a gen16 eral aviation working group to provide recommenda17 tions for general aviation issues, including the imple18 mentation of the general aviation initiatives pro19 posed by the Transportation Security Administra20 tion. 

21 ‘‘(2) MEETINGS.—The working group shall 

22 meet at least semiannually and provide annual re23 ports to the Assistant Secretary with recommenda24 tions to improve the Administration’s general avia25 tion initiatives. 


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1 ‘‘(3) MEMBERSHIP.—The working group shall 

2 include members from the Advisory Committee with 

3 expertise in general aviation operations and rep4 resentatives from other stakeholders as determined 

5 by the Assistant Secretary. 

6 ‘‘(4) REPORTS.— 

7 ‘‘(A) IN GENERAL.—The working group 

8 shall prepare and submit reports to the Assist9 ant Secretary in accordance with this para10 graph that provide recommendations. 

11 ‘‘(B) SUBMISSION.—Not later than one 

12 year after the date of the enactment of this sec13 tion and on an annual basis thereafter, the 

14 working group shall submit its first report to 

15 the Assistant Secretary, including any rec16 ommendations of the group.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for such 

18 subchapter is amended by adding at the end the following: 

‘‘44946. Aviation Security Advisory Committee.’’. 

19 SEC. 283. DETAILED AVIATION SECURITY TECHNOLOGY 

20 PLANS FOR AIRPORTS. 

21 (a) PLANS REQUIRED.—The Assistant Secretary 

22 shall submit to the Committee on Homeland Security of 

23 the House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate detailed 

25 acquisition and deployment plans for checkpoint security 


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1 technology, explosive detection systems, and air cargo se2 curity technology for each large commercial airport for fis3 cal years 2012 and 2013. 

4 (b) TEN-YEAR STRATEGIC PLAN.—Not later than 

5 one year after the date of the enactment of this Act, the 

6 Assistant Secretary shall submit to the Committee on 

7 Homeland Security of the House of Representatives and 

8 the Committee on Commerce, Science, and Transportation 

9 of the Senate a ten-year strategic plan for the refurbish10 ment, replacement, and installation costs associated with 

11 explosives detection technology for checked baggage. 

12 SEC. 284. FEDERAL AIR MARSHALS. 

13 Section 44917 of title 49, United States Code, as 

14 amended by sections 201 and 283 of this Act, is further 

15 amended by adding at the end the following: 

16 ‘‘(g) CRIMINAL INVESTIGATIVE TRAINING PRO17 GRAM.— 

18 ‘‘(1) NEW EMPLOYEE TRAINING.—Not later 

19 than 30 days after the date of the enactment of this 

20 subsection, the Federal Air Marshal Service shall es21 tablish a policy requiring Federal air marshals hired 

22 after such date to complete the criminal investigative 

23 training program at the Federal Law Enforcement 

24 Training Center as part of basic training for Federal 

25 air marshals. 


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1 ‘‘(2) EXISTING EMPLOYEES.—A Federal air 

2 marshal who has previously completed the criminal 

3 investigative training program may not be required 

4 to repeat such program. 

5 ‘‘(3) ALTERNATIVE TRAINING.—Not later than 

6 3 years after the date of the enactment of this sub7 section, an air marshal hired before such date who 

8 has not completed the criminal investigative training 

9 program shall be required to attend an alternative 

10 training program, as determined by the Director of 

11 the Federal Law Enforcement Training Center, that 

12 provides the training necessary to bridge the gap be13 tween the mixed basic police training, the Federal 

14 air marshal programs already completed by the Fed15 eral air marshal, and the criminal investigative 

16 training provided through the criminal investigative 

17 training program. Any such alternative program 

18 shall be considered to have met the standards of the 

19 criminal investigative training program. 

20 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—Of 

21 the amount authorized to be appropriated for the 

22 Transportation Security Administration, $3,000,000 

23 may be used to carry out this subsection for each of 

24 fiscal years 2012 and 2013. 


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1 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub2 section shall be construed to reclassify Federal air 

3 marshals as criminal investigators.’’. 

4 SEC. 285. CANINE DETECTION RESEARCH AND DEVELOP5 MENT. 

6 (a) IN GENERAL.—Consistent with the mission of the 

7 Under Secretary of Homeland Security for Science and 

8 Technology to conduct basic and applied research in sup9 port of activities relevant to any elements of the Depart10 ment under section 302 of the Homeland Security Act of 

11 2002 (6 U.S.C. 182), the Assistant Secretary, in coordina12 tion with the Under Secretary of Homeland Security for 

13 Science and Technology, shall develop and implement a 

14 basic research and applied research and development pro15 gram for the purpose of advancing the scientific under16 standing and applicability of canine explosives detection 

17 assets in the transportation environment. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the 

19 amounts authorized to be appropriated under section 101, 

20 there is authorized to be appropriated for each of fiscal 

21 years 2012 and 2013 $1,000,000 to carry out this section. 

22 SEC. 286. VENDOR ENHANCEMENTS. 

23 The Assistant Secretary shall permit airport opera24 tors to use vendor services that provide security enhance25 ments in the sterile side of an airport as long as the proVerDate Mar 15 2010 03:20 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011

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1 vider of such a service does not impede the screening oper2 ations of the Administration and all personnel are properly 

3 vetted and credentialed, as may be required. 

4 SEC. 287. SECURITY RISK ASSESSMENT OF AIRPORT PERIM5 ETER ACCESS CONTROLS. 

6 (a) IN GENERAL.—The Assistant Secretary shall de7 velop a strategic risk-based plan to improve transportation 

8 security at airports that includes best practices to make 

9 airport perimeter access controls more secure at all com10 mercial service and general aviation airports. 

11 (b) CONTENTS.—The plan shall— 

12 (1) incorporate best practices for enhanced pe13 rimeter access controls; 

14 (2) evaluate and incorporate major findings of 

15 all relevant pilot programs of the Administration; 

16 (3) address recommendations of the Comp17 troller General on perimeter access controls; 

18 (4) include a requirement that airports update 

19 their security plans to incorporate the best practices, 

20 as appropriate and to the extent feasible, based on 

21 risk and adapt the best practices to meet the needs 

22 specific to their facilities; and 

23 (5) include an assessment of the role of new 

24 and emerging technologies, including unmanned and 

25 autonomous perimeter security technologies, that 


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1 could be utilized at both commercial and general 

2 aviation facilities. 

3 SEC. 288. ELECTROMAGNETIC EMISSIONS FROM PAS4 SENGER SCREENING EQUIPMENT DEPLOYED 

5 IN AIRPORTS. 

6 The Assistant Secretary shall— 

7 (1) collect information regarding the electro8 magnetic emission output of passenger screening 

9 equipment deployed by the Administration at airport 

10 checkpoints and, within 30 days of receipt, verify the 

11 accuracy of any evaluations or reports provided to 

12 the Administration relating to such output; 

13 (2) not later than 90 days after the date of the 

14 enactment of this Act, submit to the Committee on 

15 Homeland Security of the House of Representatives 

16 and the Committee on Commerce, Science, and 

17 Transportation of the Senate a summary of the in18 formation collected under paragraph (1) and the re19 sults of any verification conducted under that para20 graph. 

21 SEC. 289. ELECTROMAGNETIC EMISSIONS EXPOSURE AS22 SESSMENT. 

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

24 date of the enactment of this Act, the Assistant Secretary 

25 shall execute an agreement with an independent third 


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1 party under which the independent third party shall carry 

2 out a study of radiation exposure resulting from screening 

3 equipment used by the Administration to screen pas4 sengers and baggage at commercial service airports. 

5 (b) STUDY.—The study shall be conducted for not 

6 less than 90 consecutive days during periods of operation 

7 in the operating environments of multiple commercial 

8 service airports and include consideration of— 

9 (1) whether passenger and baggage screening 

10 equipment results in screened passengers being ex11 posed to radiation above acceptable levels; 

12 (2) whether passenger and baggage screening 

13 equipment results in bystanders being exposed to ra14 diation above acceptable levels; and 

15 (3) any other factors relating to radiation expo16 sure identified by the independent third party. 

17 (c) REPORT.—Not later than 180 days after the con18 clusion of the study, the independent third party shall sub19 mit to the Assistant Secretary and the appropriate con20 gressional committees a report containing its findings and 

21 recommendations regarding the study under subsection 

22 (b), including recommendations with respect to whether 

23 transportation security officers should wear a dosimeter 

24 for the purpose of continuous monitoring of radiation ex25 posure resulting from passenger screening equipment. 


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1 SEC. 290. REIMBURSEMENT FOR AIRPORTS THAT HAVE IN2 CURRED ELIGIBLE COSTS. 

3 (a) PROCESS.—Section 1604(b)(2) of the Imple4 menting Recommendations of the 9/11 Commission Act of 

5 2007 (49 U.S.C. 44923) is amended to read as follows: 

6 ‘‘(2) AIRPORTS THAT HAVE INCURRED ELIGI7 BLE COSTS.— 

8 ‘‘(A) IN GENERAL.—Not later than 60 

9 days after the date of the enactment of the 

10 Transportation Security Administration Author11 ization Act of 2011, the Assistant Secretary of 

12 Homeland Security (Transportation Security 

13 Administration) shall establish a process for re14 solving reimbursement claims for airports that 

15 have incurred, before the date of the enactment 

16 of this Act, eligible costs associated with devel17 opment of partial or completed in-line baggage 

18 systems. 

19 ‘‘(B) PROCESS FOR RECEIVING REIM20 BURSEMENT.—The process required by this 

21 paragraph shall allow an airport— 

22 ‘‘(i) to submit a claim to the Assistant 

23 Secretary for reimbursement for eligible 

24 costs described in subparagraph (A); and 

25 ‘‘(ii) not later than 180 days after 

26 date on which the airport submits the 


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1 claim, to receive a determination on the 

2 claim and, if the determination is positive, 

3 to be reimbursed. 

4 ‘‘(C) REPORT.—Not later than 60 days 

5 after the date on which the Assistant Secretary 

6 establishes the process required by this para7 graph, the Assistant Secretary shall submit to 

8 the Committee on Homeland Security of the 

9 House of Representatives a report containing a 

10 description of the process, including a schedule 

11 for the timely reimbursement of airports for 

12 which a positive determination has been 

13 made.’’. 

14 (b) REIMBURSEMENT.—No less than 10 percent of 

15 the appropriations made available for grants under section 

16 44923 of title 49, United States Code, for each of fiscal 

17 years 2012 and 2013 shall be for reimbursements under 

18 section 1604(b)(2) of the Implementing Recommendations 

19 of the 9/11 Commission Act of 2007 (49 U.S.C. 44923), 

20 as amended by subsection (a). 

21 (c) REIMBURSEMENTS OF AIRPORTS FOR ELIGIBLE

22 COSTS REIMBURSED AT LESS THAN 90 PERCENT.—If the 

23 Secretary or Assistant Secretary reimbursed, after August 

24 3, 2007, an airport that incurred an amount for eligible 

25 costs under section 44923 of title 49, United States Code, 


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1 that was less than 90 percent of such costs, the Secretary 

2 or Assistant Secretary shall reimburse such airport under 

3 such section an amount equal to the difference for such 

4 eligible costs. 

5 SEC. 291. REVIEW OF AIRPORT SECURITY PLANS. 

6 (a) REVIEW.—The Assistant Secretary, in consulta7 tion with airport operators shall review the process for 

8 amending airport security plans to determine if such plans 

9 should be more easily amended to accurately reflect all se10 curity procedures and protocols carried out by airport op11 erators that may exceed Administration standards. 

12 (b) REPORT.—Not later than 270 days after the date 

13 of the enactment of this Act, the Assistant Secretary shall 

14 submit to the Committee on Homeland Security of the 

15 House of Representatives and the Committee on Com16 merce, Science, and Transportation of the Senate a report 

17 on the findings of the review carried out under subsection 

18 (a). 

19 SEC. 292. SECURITY PROCEDURES DURING TEMPORARY 

20 FLIGHT RESTRICTIONS. 

21 Not later than one year after the date of the enact22 ment of this Act, the Assistant Secretary shall develop se23 curity procedures and protocols to enable general aviation 

24 operators that are subject to security programs adminis25 tered by the Administration to obtain access to airspace 


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1 during temporary flight restrictions, to the extent that 

2 such access does not affect security. 

3 SEC. 293. SECURITY TRAINING AND ASSISTANCE TO FOR4 EIGN AIRPORTS. 

5 The Assistant Secretary is authorized to donate, loan, 

6 or lease equipment that no longer meet the needs of any 

7 U.S. commercial airport to foreign airports to mitigate 

8 any security vulnerabilities determined through foreign 

9 airport assessments or based on threat. The Assistant Sec10 retary may also offer training and other assistance as may 

11 be needed. In the event equipment is leased to a foreign 

12 airport, the Assistant Secretary is authorized to collect a 

13 reasonable fee for such lease. Any fees collected under this 

14 section shall be used for checkpoint screening. 

15 SEC. 294. FEDERAL AIR MARSHAL RISK ASSESSMENTS. 

16 Section 44917 of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(e) RISK ASSESSMENT.—The Assistant Secretary 

19 shall conduct a periodic risk assessment of domestic and 

20 international flights in order to determine the optimal as21 signment of air marshals to highest risk flights. 

22 ‘‘(f) DEPLOYMENT PLAN.—The Assistant Secretary 

23 shall ensure that the assignment of air marshals is con24 sistent with the most current risk assessment.’’. 


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1 SEC. 295. PROTECTION OF THE NAMES FEDERAL AIR MAR2 SHAL AND ADMINISTRATION. 

3 Section 709 of title 18, United States Code, is 

4 amended— 

5 (1) by inserting ‘‘or’’ after the semicolon at the 

6 end of the fourteenth undesignated paragraph; and 

7 (2) by inserting after such paragraph the fol8 lowing new paragraph: 

9 ‘‘Whoever, except with the written permission of the 

10 Assistant Secretary for Transportation Security (or 

11 the Director of the Federal Air Marshal Service for 

12 issues involving the Federal Air Marshal Service), 

13 knowingly uses the words ‘Transportation Security 

14 Administration’, ‘United States Transportation Se15 curity Administration’, ‘Federal Air Marshal Serv16 ice’, ‘United States Federal Air Marshal Service’, 

17 ‘Federal Air Marshals’, the initials ‘T.S.A.’, 

18 ‘F.A.M.S.’, ‘F.A.M.’, or any colorable imitation of 

19 such words or initials, or the likeness of a Transpor20 tation Security Administration or Federal Air Mar21 shal Service badge, logo, or insignia on any item of 

22 apparel, in connection with any advertisement, cir23 cular, book, pamphlet, software, or other publication, 

24 or with any play, motion picture, broadcast, telecast, 

25 or other production, in a matter that is reasonably 

26 calculated to convey the impression that the wearer 


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1 of the item of apparel is acting pursuant to the legal 

2 authority of the Transportation Security Adminis3 tration or Federal Air Marshal Service, or to convey 

4 the impression that such advertisement, circular, 

5 book, pamphlet, software, or other publication, or 

6 such play, motion picture, broadcast, telecast, or 

7 other production, is approved, endorsed, or author8 ized by the Transportation Security Administration 

9 or Federal Air Marshal Service;’’. 

10 SEC. 296. ALLOWABLE COSTS ON AIRPORT SECURITY IM11 PROVEMENT PROJECTS. 

12 Paragraph (2) of subsection (a) of section 44923 of 

13 title 49, United States Code, is amended to read as fol14 lows: 

15 ‘‘(2) for projects to reconfigure or construct 

16 new terminal baggage areas, if new construction is 

17 more cost effective and meets pertinent security re18 quirements, as determined by the Assistant Sec19 retary of Homeland Security (Transportation Secu20 rity Administration), as needed to install explosive 

21 detection systems;’’. 

22 SEC. 297. REPORT ON DIVERSITY EFFORTS. 

23 Not later than 90 days after the date of the enact24 ment of this Act, the Assistant Secretary shall provide 

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1 ing the Committee on Homeland Security of the House 

2 of Representatives, on the diversity of the Administration 

3 workforce. Such data shall include data on each of the 

4 following: 

5 (1) The number of individuals serving at all 

6 management levels, including data on representation 

7 in each pertinent pay band and the Senior Executive 

8 Service within each of the following categories: 

9 (A) Veterans. 

10 (B) Race. 

11 (C) Gender. 

12 (D) Ethnicity. 

13 (E) Disabled. 

14 (2) The retention rate of managers at all levels 

15 of the Administration. 

16 (3) The number of individuals employed by the 

17 Administration who were promoted to managerial 

18 positions. 

19 SEC. 298. REPORT TO CONGRESS ON TIME AND ATTEND20 ANCE PROGRAMS FOR TRANSPORTATION SE21 CURITY OFFICERS. 

22 Not later than 90 days after the date of the enact23 ment of this Act, the Assistant Secretary shall submit to 

24 the Committee on Homeland Security of the House of 

25 Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate a report on the 

2 time and attendance programs in use for transportation 

3 security officers, as well as recommendations for achieving 

4 cost savings through more efficient management of exist5 ing resources and reduction in overtime costs. 

6 TITLE III—SURFACE 

7 TRANSPORTATION SECURITY 

8 Subtitle A—Streamlining Threat 

9 Assessments for Credentials 

10 SEC. 301. DEFINITIONS. 

11 In this Part, the following definitions apply: 

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means the Committee on Homeland Secu15 rity of the House of Representatives and any com16 mittee of the House of Representatives or the Senate 

17 having legislative jurisdiction under the rules of the 

18 House of Representatives or Senate, respectively, 

19 over the matter concerned. 

20 (2) SECURITY THREAT ASSESSMENT.—The 

21 term ‘‘security threat assessment’’ means an assess22 ment conducted by a government agency that in23 cludes a check against a terrorist watch list or ter24 rorism database, and may also include a legal pres25 ence check and a criminal history records check. 


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1 SEC. 302. TASK FORCE. 

2 (a) ESTABLISHMENT OF TASK FORCE.—Not later 

3 than 30 days after the date of enactment of this Act, the 

4 Secretary of Homeland Security shall establish a task 

5 force, with an official designated by the Secretary to be 

6 the Chair of the task force. 

7 (b) PURPOSE.—The purpose of the task force estab8 lished shall be to— 

9 (1) review the lists of crimes that disqualify in10 dividuals from transportation-related employment 

11 under current regulations of the Administration, to 

12 include at a minimum crimes listed under section 

13 70105 of title 46, United States Code, and section 

14 44936 of title 49, United States Code, and the ap15 plicable periods of disqualification for such crimes; 

16 (2) assess whether such lists of crimes reviewed 

17 under paragraph (1) are accurate indicators of a ter18 rorism security risk; 

19 (3) assess which other transportation security 

20 credential programs for transportation-related em21 ployment should be modernized to include a waiver 

22 process as is available under section 70105 of title 

23 46, United States Code; 

24 (4) assess if any cost savings, efficiencies, or 

25 elimination of redundancies, to be passed on to 

26 transportation security credential applicants in the 


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1 form of lower fees, can be realized through harmoni2 zation of the Federal security threat assessment 

3 process, creation of a common list of crimes, and in4 clusion of a waiver process; 

5 (5) assess any benefits to homeland security 

6 achieved through harmonization of the Federal secu7 rity threat assessment process, creation of a common 

8 list of crimes, and inclusion of a waiver process; 

9 (6) assess any potential increases in costs or 

10 time delays in transportation security credential pro11 grams as a result of harmonization of the Federal 

12 security threat assessment process, creation of a 

13 common list of crimes, and inclusion of a waiver 

14 process; and 

15 (7) assess other potential effects of creation of 

16 a common list of crimes for some or all transpor17 tation security credential programs for transpor18 tation-related employment, to include the extent to 

19 which a common list of disqualifying crimes would 

20 result in a greater number of persons being disquali21 fied from obtaining a credential required for trans22 portation-related employment. 

23 (c) MEMBERSHIP.—The task force shall be composed 

24 of representatives of appropriate transportation indus25 tries, including labor unions representing employees of 


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1 such industries, Federal agencies, motor vehicle carriers, 

2 air carriers, airport operators, port authorities, port oper3 ators, vessel operators, railroad operators, and other rel4 evant entities, as determined by the Secretary. 

5 (d) REPORT.—Not later than 180 days after the date 

6 of enactment of this Act, the task force shall submit to 

7 the Secretary and the appropriate congressional commit8 tees a report containing the results of the review, including 

9 recommendations for modernization of the Federal secu10 rity threat assessment process for transportation security 

11 credential programs, a common list of disqualifying 

12 crimes, the rationale for the inclusion of each crime on 

13 the list, and which credential programs for transportation14 related employment should include a waiver process as is 

15 available under section 70105 of title 46, United States 

16 Code. 

17 SEC. 303. LIMITATIONS ON RULEMAKING. 

18 (a) LIMITATION ON APPLICATION.—Any rule con19 cerning the harmonization of the security threat assess20 ment process for transportation workers issued by the Sec21 retary of Homeland Security shall not apply to a process 

22 or function carried out by an airport operator, including 

23 enrollment, credentialing, and access control, as of the 

24 date of enactment of this Act, except as provided for in 

25 subsection (b). 


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1 (b) ONGOING EFFORTS NOT AFFECTED.—Nothing 

2 in subsection (a) shall affect ongoing efforts by the De3 partment to create a competitive environment for aviation 

4 channeling services. 

5 (c) TRANSMITTAL OF REPORT REQUIRED.—The Sec6 retary of Homeland Security shall not issue any rule con7 cerning the harmonization of the security threat assess8 ment process for transportation workers until the report 

9 required under section 3(d) is transmitted to the Secretary 

10 and the appropriate congressional committees. 

11 SEC. 304. SURFACE TRANSPORTATION CREDENTIALING. 

12 (a) IN GENERAL.—The Homeland Security Act of 

13 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

14 end the following: 

15 ‘‘TITLE XXI—SURFACE TRANS16 PORTATION CREDENTIALING 

17 ‘‘SEC. 2101. TRANSPORTATION OF SECURITY-SENSITIVE MA18 TERIALS. 

19 ‘‘(a) SECURITY-SENSITIVE MATERIALS.—Not later 

20 than one year after the date of enactment of this section, 

21 the Secretary shall issue final regulations, after notice and 

22 comment, to— 

23 ‘‘(1) identify security-sensitive materials for the 

24 purposes of this title; 


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1 ‘‘(2) prohibit an individual from operating a 

2 motor vehicle in commerce while transporting a se3 curity-sensitive material unless the individual holds a 

4 valid transportation security credential issued by the 

5 Secretary under section 70105 of title 46, United 

6 States Code; and 

7 ‘‘(3) prohibit a person from— 

8 ‘‘(A) offering a security-sensitive material 

9 for transportation by motor vehicle in com10 merce; or 

11 ‘‘(B) causing a security-sensitive material 

12 to be transported by motor vehicle in commerce, 

13 unless the motor vehicle operator holds a valid 

14 transportation security credential issued by the Sec15 retary under 70105 of title 46, United States Code. 

16 ‘‘(b) MEMORANDUM OF UNDERSTANDING.—The Sec17 retary may enter into a memorandum of understanding 

18 with the Secretary of Transportation to ensure compliance 

19 with this section. 

20 ‘‘(c) LIMITATION ON APPLICATION.—This section 

21 and the regulations and prohibitions under this section 

22 shall not apply to the United States Postal Service and 

23 any other department, agency, or instrumentality of the 

24 Federal Government. 


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1 ‘‘SEC. 2102. COMMERCIAL MOTOR VEHICLE OPERATORS 

2 REGISTERED TO OPERATE IN MEXICO OR 

3 CANADA. 

4 ‘‘The Secretary shall prohibit a commercial motor ve5 hicle operator licensed to operate in Mexico or Canada 

6 from operating a commercial motor vehicle transporting 

7 a security-sensitive material in commerce in the United 

8 States until the operator has been subjected to, and not 

9 disqualified as a result of, a security threat assessment 

10 by a Federal agency that the Secretary determines is simi11 lar to the security threat assessment required for commer12 cial motor vehicle operators in the United States trans13 porting security-sensitive materials in commerce. 

14 ‘‘SEC. 2103. REDUNDANT SECURITY THREAT ASSESSMENTS. 

15 ‘‘(a) IN GENERAL.—The Secretary shall prohibit a 

16 State or political subdivision thereof from requiring a sep17 arate security threat assessment of an individual, who pos18 sesses a valid transportation security credential issued 

19 under section 70105 of title 46, United States Code, seek20 ing to transport, or involved in facilitating the transport 

21 of, a security-sensitive or hazardous material. 

22 ‘‘(b) WAIVERS.—The Secretary may waive the appli23 cation of subsection (a) with respect to a State or political 

24 subdivision thereof if the State or political subdivision 

25 demonstrates a compelling reason that a separate security 

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1 portation of a security-sensitive or hazardous material in 

2 the State or political subdivision. 

3 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

4 Nothing in this section shall limit the authority of a State 

5 to ensure that an individual has the requisite knowledge 

6 and skills to safely transport hazardous materials in com7 merce. 

8 ‘‘SEC. 2104. TRANSITION. 

9 ‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR

10 HAZARDOUS MATERIALS ENDORSEMENTS.—An indi11 vidual who has obtained a hazardous materials endorse12 ment in accordance with section 1572 of title 49, Code 

13 of Federal Regulations, before the date of enactment of 

14 this title, is deemed to have met the background check 

15 requirements of a transportation security card under sec16 tion 70105 of title 46, United States Code, subject to 

17 reissuance or expiration dates of the hazardous materials 

18 endorsement. 

19 ‘‘(b) REDUCTION IN FEES.—The Secretary shall re20 duce, to the greatest extent practicable, any fees associ21 ated with obtaining a transportation security card under 

22 section 70105 of title 46, United Sates Code, for any indi23 vidual referred to in subsection (a). 


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1 ‘‘SEC. 2105. SAVINGS CLAUSE. 

2 ‘‘Nothing in this title shall be construed as affecting 

3 the authority of the Secretary of Transportation to regu4 late hazardous materials under chapter 51 of title 49, 

5 United States Code. 

6 ‘‘SEC. 2106. DEFINITIONS. 

7 ‘‘In this title, the following definitions apply: 

8 ‘‘(1) COMMERCE.—The term ‘commerce’ means 

9 trade or transportation in the jurisdiction of the 

10 United States— 

11 ‘‘(A) between a place in a State and a 

12 place outside of the State; or 

13 ‘‘(B) that affects trade or transportation 

14 between a place in a State and a place outside 

15 of the State. 

16 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz17 ardous material’ has the meaning given that term in 

18 section 5102 of title 49, United States Code. 

19 ‘‘(3) PERSON.—The term ‘person’, in addition 

20 to its meaning under section 1 of title 1, United 

21 States Code, includes a State, local, or tribal govern22 ment offering security-sensitive material for trans23 portation in commerce or transporting security-sen24 sitive material to further a commercial enterprise. 

25 ‘‘(4) SECURITY-SENSITIVE MATERIAL.—The 

26 term ‘security-sensitive material’ has the meaning 


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1 given that term in section 1501 of the Implementing 

2 Recommendations of the 9/11 Commission Act of 

3 2007 (6 U.S.C. 1151). 

4 ‘‘(5) SECURITY THREAT ASSESSMENT.—The 

5 term ‘security threat assessment’ means any assess6 ment conducted by a government agency that in7 cludes a check against a terrorist watch list or ter8 rorism database, and may also include a legal pres9 ence check and a criminal history records check. 

10 ‘‘(6) TRANSPORTS; TRANSPORTATION.—The 

11 term ‘transports’ or ‘transportation’ means the 

12 movement of property and loading, unloading, or 

13 storage incidental to such movement.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 contained in section 1(b) of the Homeland Security Act 

16 of 2002 (116 Stat. 2135) is amended by adding at the 

17 end the following: 

‘‘TITLE XXI—SURFACE TRANSPORTATION CREDENTIALING 

‘‘Sec. 2101. Transportation of security-sensitive materials. 

‘‘Sec. 2102. Commercial motor vehicle operators registered to operate in Mexico 

or Canada. 

‘‘Sec. 2103. Redundant security threat assessments. 

‘‘Sec. 2104. Transition. 

‘‘Sec. 2105. Savings clause. 

‘‘Sec. 2106. Definitions.’’. 

18 (c) SECURITY CARDS FOR CERTAIN MOTOR VEHICLE

19 OPERATORS.—Section 70105(b)(2) of title 46, United 

20 States Code, is amended by striking ‘‘and’’ after the semi21 colon at the end of subparagraph (F), by striking the peVerDate Mar 15 2010 03:20 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011

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1 riod at the end of subparagraph (G) and inserting ‘‘; and’’, 

2 and by adding at the end the following new subparagraph: 

3 ‘‘(H) an individual who operates a motor 

4 vehicle in commerce while transporting security5 sensitive material (as that term is defined in 

6 section 1501 of the Implementing Rec7 ommendations of the 9/11 Commission Act of 

8 2007 (6 U.S.C. 1151)).’’. 

9 (d) CIVIL PENALTIES.—Section 114(v) of title 49, 

10 United States Code, is amended— 

11 (1) in paragraph (1)(A), by inserting ‘‘under 

12 title XXI of the Homeland Security Act of 2002 or’’ 

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

14 (2) by striking ‘‘applicable provision of this 

15 title’’ each place it appears and inserting ‘‘applicable 

16 provision’’. 

17 SEC. 305. TRANSPORTATION WORKER IDENTIFICATION 

18 CREDENTIAL ENROLLMENT CENTERS. 

19 Section 70105 of title 46, United States Code, is fur20 ther amended by adding at the end thereof the following: 

21 ‘‘(r) ENROLLMENT LOCATIONS.—The Secretary 

22 shall— 

23 ‘‘(1) work with appropriate entities to ensure 

24 that enrollment locations for individuals applying for 


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1 a transportation security card have flexible operating 

2 hours; and 

3 ‘‘(2) permit an individual applying for or acti4 vating such transportation security card to utilize an 

5 enrollment location of such individual’s choosing, in6 cluding an enrollment location outside of the individ7 ual’s State of residence. 

8 ‘‘(s) NUMBER OF ENROLLMENT LOCATIONS.—The 

9 Secretary shall develop and implement a plan— 

10 ‘‘(1) to offer individuals applying for a trans11 portation security card the maximum number of en12 rollment locations practicable across diverse geo13 graphic regions; and 

14 ‘‘(2) to conduct outreach to appropriate stake 

15 holders, including owners and operators of motor ve16 hicles involved in the transportation of security-sen17 sitive materials, owners and operators of facilities 

18 that require individuals to be issued a transportation 

19 security card, and labor organizations representing 

20 employees of such owners or operators, to keep the 

21 stakeholders informed of the timeframe and loca22 tions for the opening of additional enrollment loca23 tions.’’. 


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1 SEC. 306. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 

2 Section 5103a of title 49, United States Code, and 

3 the item relating to that section in the analysis for chapter 

4 51 of such title, are repealed. 

5 SEC. 307. DEADLINES AND EFFECTIVE DATES. 

6 (a) ISSUANCE OF TRANSPORTATION SECURITY

7 CARDS.—Upon issuance of the final regulations as re8 quired in section 5, but not later than one year after the 

9 date of the enactment of this Act, the Secretary of Home10 land Security (as that term is defined in section 70101 

11 of title 46, United States Code) shall begin issuance of 

12 transportation security cards under section 

13 70105(b)(2)(H) of title 46, United States Code, as amend14 ed by this Act, to individuals who seek to operate a motor 

15 vehicle in commerce while transporting security-sensitive 

16 materials. 

17 (b) EFFECTIVE DATE OF PROHIBITIONS.—The pro18 hibitions under section 2101 of the Homeland Security 

19 Act of 2002 (as added by section 5) shall take effect on 

20 the date that is 2 years after the date of enactment of 

21 this Act. 

22 (c) EFFECTIVE DATE OF SECTION 7 AMEND23 MENTS.—The amendments made by section 7 shall take 

24 effect on the date that is 2 years after the date of enact25 ment of this Act. 


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1 SEC. 308. STREAMLINING CREDENTIALS FOR SECURE AREA 

2 ACCESS AT AIRPORTS. 

3 (a) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Secretary of Homeland Secu5 rity shall report to the appropriate congressional commit6 tees on the feasibility of developing a single transmission 

7 process for airport operators to submit biometric and bio8 graphic data for background checks to both the Adminis9 tration and U.S. Customs and Border Protection for 

10 transportation workers requiring unescorted access to Se11 cure Identification Display Areas at an airport. 

12 (b) SINGLE DATA TRANSMISSION PROCESS ESTAB13 LISHMENT.—Based on the findings of the report under 

14 subsection (a), the Secretary may establish a process for 

15 airport operators to submit one data transmission of bio16 metric and biographic information for the security threat 

17 assessment process for any agency within the Department, 

18 including the Administration and U.S. Customs and Bor19 der Protection. 

20 SEC. 309. JOBS IMPACT. 

21 The Assistant Secretary shall submit to appropriate 

22 congressional committees, including the Committee on 

23 Homeland Security of the House of Representatives, a re24 port that, at a minimum, includes— 

25 (1) an estimate of the number of potential jobs 

26 created or lost within the private sector as a result 


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1 of implementation of final regulations, as required 

2 pursuant to title XXI of the Homeland Security Act 

3 of 2002, as added by section 304 of this Act; and 

4 (2) information received from owners and oper5 ators about how the regulations could be revised to 

6 spur potential job creation or stem potential job loss. 

7 Subtitle B—Security Assistance 

8 and Enhancements 

9 SEC. 321. VISIBLE INTERMODAL PREVENTION AND RE10 SPONSE TEAMS. 

11 Section 1303 of the Implementing Recommendations 

12 of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) in the matter preceding paragraph (1), 

16 by striking ‘‘Administrator of the Transpor17 tation Security Administration,’’ and inserting 

18 ‘‘Assistant Secretary of Homeland Security 

19 (Transportation Security Administration),’’; 

20 (B) in paragraph (4) by striking ‘‘team,’’ 

21 and inserting ‘‘team as to specific locations and 

22 times within the facilities of such entities at 

23 which VIPR teams should be deployed to maxi24 mize the effectiveness of such deployment,’’; 

25 and 


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1 (2) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) PERFORMANCE MEASURES.—Not later than one 

4 year after the date of the enactment of the Transportation 

5 Security Administration Authorization Act of 2011, the 

6 Assistant Secretary of Homeland Security (Transpor7 tation Security Administration) shall develop and imple8 ment a system of qualitative performance measures and 

9 objectives by which to assess the roles, activities, and ef10 fectiveness of VIPR team operations on an ongoing basis, 

11 including a mechanism through which the transportation 

12 entities referred to in subsection (a)(4) may submit feed13 back on VIPR team operations involving their systems or 

14 facilities. 

15 ‘‘(c) PLAN.—Not later than one year after the date 

16 of the enactment of the Transportation Security Adminis17 tration Authorization Act of 2011, the Assistant Secretary 

18 shall develop and implement a plan for ensuring the inter19 operability of communications among VIPR team partici20 pants and between VIPR teams and any transportation 

21 entities with systems or facilities that are involved in 

22 VIPR team operations. The plan shall include an analysis 

23 of the costs and resources required to carry out the plan.’’. 


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1 SEC. 322. TRANSIT SECURITY GRANTS. 

2 (a) IMPROVEMENT OF PUBLIC TRANSPORTATION SE3 CURITY ASSISTANCE.— 

4 (1) IN GENERAL.—Section 1406 of the Imple5 menting Recommendations of the 9/11 Commission 

6 Act of 2007 (6 U.S.C. 1135) is amended— 

7 (A) in subsection (b)(1)— 

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

9 ‘‘bollards,’’ after ‘‘including’’; and 

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

11 after ‘‘including’’ the following: ‘‘projects 

12 for the purpose of demonstrating or assess13 ing the capability of such systems and’’; 

14 (B) by redesignating subsections (e) 

15 through (k) as subsections (f) through (l), re16 spectively; 

17 (C) by redesignating subsections (l) and 

18 (m) as subsections (n) and (o), respectively; and 

19 (D) by inserting after subsection (d) the 

20 following new subsection (e): 

21 ‘‘(e) PROCEDURE.— 

22 ‘‘(1) TIMELINE.— 

23 ‘‘(A) AVAILABILITY OF APPLICATIONS.— 

24 Applications for grants under this section for a 

25 grant cycle shall be made available to eligible 

26 applicants not later than 30 days after the date 


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1 of the enactment of the appropriations Act for 

2 the Department of Homeland Security for the 

3 same fiscal year as the grant cycle. 

4 ‘‘(B) SUBMISSION OF APPLICATIONS.—A 

5 public transportation agency that is eligible for 

6 a grant under this section shall submit an ap7 plication for a grant not later than 45 days 

8 after the applications are made available under 

9 subparagraph (A). 

10 ‘‘(C) ACTION.—The Secretary shall make a 

11 determination approving or rejecting each appli12 cation submitted under subparagraph (B), no13 tify the applicant of the determination, and im14 mediately commence any additional processes 

15 required to allow an approved applicant to 

16 begin to receive grant funds by not later than 

17 60 days after date on which the Secretary re18 ceives the application. 

19 ‘‘(D) AVAILABILITY OF FUNDS.—To the 

20 extent feasible, not later than 60 days after the 

21 Secretary makes a determination under sub22 paragraph (C) approving an application, the 

23 Secretary shall make the grant funds available 

24 to the applicant. 


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1 ‘‘(2) PROHIBITION OF COST-SHARING REQUIRE2 MENT.—No grant under this section may require 

3 any cost-sharing contribution from the grant recipi4 ent or from any related State or local agency. 

5 ‘‘(3) ANNUAL REPORT.—Not later than the 

6 date that is 180 days after the last determination 

7 made under paragraph (1)(C) for a grant cycle, the 

8 Secretary shall submit to the Committees on Appro9 priations and Homeland Security of the House of 

10 Representatives and the Committees on Appropria11 tions and Homeland Security and Governmental Af12 fairs of the Senate a report that includes a list of 

13 all grants awarded under this section for that grant 

14 cycle for which the grant recipient is not, as of such 

15 date, able to receive grant funds and an explanation 

16 of why such funds have not yet been released for use 

17 by the recipient. 

18 ‘‘(4) PERFORMANCE.— 

19 ‘‘(A) DURATION.—The performance period 

20 for grants made under this section shall be a 

21 period of time not less than 36 months in dura22 tion. 

23 ‘‘(B) TIMING.—The performance period 

24 for any grant made under this section shall not 

25 begin to run until the recipient of the grant has 


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1 been formally notified that funds provided 

2 under the terms of the grant have been released 

3 for use by the recipient.’’; 

4 (E) by inserting after subsection (l), as re5 designated by paragraph (2) of this section, the 

6 following new subsection (m): 

7 ‘‘(m) ACCESS.—The Secretary shall ensure that, for 

8 each grant awarded under this section, the Inspector Gen9 eral of the Department is authorized to— 

10 ‘‘(1) examine any records of the grant recipient 

11 or any contractors or subcontractors with which the 

12 recipient enters into a contract, or any State or local 

13 agency, that directly pertain to and involve trans14 actions relating to grants under this section; and 

15 ‘‘(2) interview any officer or employee of the re16 cipient, any contractors or subcontractors with 

17 which the recipient enters into a contract, or State 

18 or local agency regarding such transactions.’’; and 

19 (F) in subsection (o), as redesignated by 

20 paragraph (3) of this section— 

21 (i) by striking paragraph (1) and in22 serting the following new paragraph (1): 

23 ‘‘(1) IN GENERAL.—There is authorized to be 

24 appropriated to the Secretary to make grants under 

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1 cept that not more than 50 percent of such funds 

2 may be used for operational costs under subsection 

3 (b)(2) of this section.’’; 

4 (ii) by redesignating paragraphs (3) 

5 and (4) as paragraphs (4) and (5), respec6 tively; and 

7 (iii) by inserting after paragraph (2) 

8 the following new paragraph (3): 

9 ‘‘(3) EXCEPTION.—The limitation on the per10 centage of funds that may be used for operational 

11 costs under paragraph (1) shall not apply to any 

12 costs involved with or relating to explosives detection 

13 canine teams acquired or used for the purpose of se14 curing public transportation systems or facilities.’’. 

15 (2) REPORT ON RECOMMENDATIONS OF COMP16 TROLLER GENERAL.— 

17 (A) REPORT REQUIRED.—Not later than 

18 90 days after the date of the enactment of this 

19 Act, the Secretary of Homeland Security shall 

20 submit to the Committee on Homeland Security 

21 of the House of Representatives and the Com22 mittee on Homeland Security and Govern23 mental Affairs of the Senate a report on the 

24 status of the Secretary’s implementation of the 

25 recommendations of the Comptroller General 


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1 with respect to the improvement of the adminis2 tration of security grants under section 1406 of 

3 the Implementing Recommendations of the 9/11 

4 Commission Act of 2007 (6 U.S.C. 1135). 

5 (B) REVIEW BY INSPECTOR GENERAL.— 

6 Before the Secretary submits the report re7 quired under paragraph (1), the report shall be 

8 reviewed by the Inspector General of the De9 partment. When the Secretary submits the re10 port to Congress under paragraph (1), the Sec11 retary shall include with the report documenta12 tion verifying that the report was reviewed by 

13 the Inspector General in accordance with this 

14 paragraph. 

15 (b) PUBLIC TRANSPORTATION SECURITY ASSIST16 ANCE.— 

17 (1) SECURITY ASSISTANCE PROGRAM.—Section 

18 1406(a) of the National Transit Systems Security 

19 Act of 2007 (6 U.S.C. 1135(a)) is amended— 

20 (A) in paragraph (1) by inserting ‘‘and law 

21 enforcement’’ after ‘‘public transportation’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(3) LAW ENFORCEMENT AGENCY ELIGI24 BILITY.—A law enforcement agency is eligible for a 

25 grant under this section if the agency enters into a 


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1 memorandum of agreement or other arrangement 

2 with a public transportation agency that is eligible 

3 for a grant under paragraph (2) to oversee, direct, 

4 and command the security operations of that public 

5 transportation agency.’’. 

6 (2) USES OF FUNDS.—Section 1406(b)(1)(J) of 

7 the National Transit Systems Security Act of 2007 

8 (6 U.S.C. 1135(b)(1)(J)) is amended by striking 

9 ‘‘evacuation improvements’’ and inserting ‘‘con10 sequence management investments, including invest11 ments with respect to evacuation improvements, 

12 route designation and signage, and public assistance 

13 materials’’. 

14 (3) AUTHORIZATION OF APPROPRIATIONS.— 

15 Section 1406(m)(1) of the National Transit Systems 

16 Security Act of 2007 (6 U.S.C. 1135(m)(1)) is 

17 amended— 

18 (A) in subparagraph (D) by striking ‘‘and’’ 

19 at the end; 

20 (B) in subparagraph (E)— 

21 (i) by striking ‘‘10 percent’’ and in22 serting ‘‘50 percent’’; and 

23 (ii) by striking ‘‘subsection (b)(2).’’ 

24 and inserting ‘‘subsection (b)(2); and’’; 

25 and 


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1 (C) by adding at the end the following: 

2 ‘‘(F) $400,000,000 for fiscal year 2012, 

3 except that not more than 50 percent of such 

4 funds may be used for operational costs under 

5 subsection (b)(2).’’. 

6 SEC. 323. FREIGHT RAIL SECURITY DEMONSTRATION 

7 PROJECT. 

8 (a) DEMONSTRATION PROJECT.—The Assistant Sec9 retary, in consultation with the Under Secretary of Home10 land Security for Science and Technology, shall conduct 

11 a demonstration project in a freight rail system to test 

12 and assess the feasibility and effectiveness of technologies 

13 to strengthen the security of freight rail systems against 

14 terrorist attacks involving the use of improvised explosive 

15 devices and tampering with infrastructure to cause a de16 railment. 

17 (b) SECURITY TECHNOLOGIES.—The demonstration 

18 project under this section shall be designed to test and 

19 assess technologies to— 

20 (1) detect improvised explosive devices on 

21 bridges and in tunnels through the use of foreign ob22 ject detection programs; and 

23 (2) defeat improvised explosive devices left on 

24 rail tracks. 


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1 SEC. 324. EXPLOSIVES DETECTION CANINE TEAMS FOR 

2 SURFACE TRANSPORTATION. 

3 Section 1307 of the Implementing Recommendations 

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

5 amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (1)(A), by striking 

8 ‘‘2010’’ and inserting ‘‘2012’’; and 

9 (B) by adding at the end the following new 

10 paragraph: 

11 ‘‘(3) PASSENGER SCREENING TEAMS.— 

12 ‘‘(A) IN GENERAL.—In order to strengthen 

13 the Nation’s mass transit infrastructure against 

14 explosives threats, the Assistant Secretary of 

15 Homeland Security (Transportation Security 

16 Administration) shall— 

17 ‘‘(i) increase the number of explosives 

18 detection canine teams certified by the 

19 Transportation Security Administration 

20 devoted to passenger rail and public trans21 portation security activities to not less 

22 than 200 canine teams by the end of fiscal 

23 year 2012; 

24 ‘‘(ii) increase the assistance provided 

25 to passenger rail and public transportation 

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1 tation Security Administration’s canine 

2 program to $75,000 per canine team; and 

3 ‘‘(iii) expand the use of canine teams 

4 trained to detect explosives based on meth5 ods other than traditional explosives detec6 tion training techniques. 

7 ‘‘(B) COOPERATIVE AGREEMENTS.—The 

8 Assistant Secretary shall expand the use of ca9 nine teams to enhance passenger rail and public 

10 transportation security by entering into cooper11 ative agreements with passenger rail and public 

12 transportation agencies eligible for security as13 sistance under section 1406 of this Act for the 

14 purpose of deploying and maintaining canine 

15 teams to such agencies for use in passenger rail 

16 or public transportation security activities and 

17 providing for assistance in an amount not less 

18 than $75,000 for each canine team deployed, to 

19 be adjusted by the Assistant Secretary for infla20 tion. 

21 ‘‘(C) AUTHORIZATION OF APPROPRIA22 TIONS.—From amounts made available under 

23 section 101 of the Transportation Security Ad24 ministration Authorization Act of 2011, there 

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1 retary such sums as may be necessary to carry 

2 out this paragraph for each of fiscal years 2012 

3 and 2013.’’; 

4 (2) in subsection (d)— 

5 (A) in paragraph (3), by striking ‘‘and’’; 

6 (B) in paragraph (4), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(5) expand the use of canine teams trained to 

11 detect person-borne explosives in passenger rail and 

12 public transportation security environments, as the 

13 Secretary, in consultation with the Assistant Sec14 retary of Homeland Security (Transportation Secu15 rity Administration), determines appropriate.’’; and 

16 (3) in subsection (e), by striking ‘‘, if appro17 priate,’’ and inserting ‘‘, to the extent practicable,’’. 

18 SEC. 325. PIPELINE SECURITY STUDY. 

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

20 States shall conduct a study regarding the roles and re21 sponsibilities of the Department of Homeland Security 

22 and the Department of Transportation with respect to 

23 pipeline security. The study shall address whether— 

24 (1) the Annex to the Memorandum of Under25 standing executed on August 9, 2006, between the 


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1 Department of Homeland Security and the Depart2 ment of Transportation adequately delineates stra3 tegic and operational responsibilities for pipeline se4 curity, including whether it is clear which Depart5 ment is responsible for— 

6 (A) protecting against intentional pipeline 

7 breaches; 

8 (B) responding to intentional pipeline 

9 breaches; and 

10 (C) planning to recover from the effects of 

11 intentional pipeline breaches; 

12 (2) the respective roles and responsibilities of 

13 each Department are adequately conveyed to rel14 evant stakeholders and to the public; and 

15 (3) the processes and procedures for deter16 mining whether a particular pipeline breach is a ter17 rorist incident are clear and effective. 

18 (b) REPORT ON STUDY.—Not later than 180 days 

19 after the date of the enactment of this section, the Comp20 troller General shall submit to the Committee on Home21 land Security of the House of Representatives and the 

22 Committee on Commerce, Science, and Transportation of 

23 the Senate a report containing the findings of the study 

24 conducted under subsection (a). 


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1 (c) REPORT TO CONGRESS.—Not later than 90 days 

2 after the submittal of the report under subsection (b), the 

3 Secretary of Homeland Security shall review and analyze 

4 the study and submit to the Committee on Homeland Se5 curity of the House of Representatives and the Committee 

6 on Commerce, Science, and Transportation of the Senate 

7 a report on such review and analysis, including any rec8 ommendations for— 

9 (1) changes to the Annex to the Memorandum 

10 of Understanding referred to in subsection (a)(1); 

11 and 

12 (2) other improvements to pipeline security ac13 tivities at the Department of Homeland Security. 

14 SEC. 326. REPEAL OF LIMITATION RELATING TO MOTOR 

15 CARRIER SECURITY-SENSITIVE MATERIAL 

16 TRACKING TECHNOLOGY. 

17 Section 1554 of the Implementing Recommendations 

18 of the 9/11 Commission Act of 2007 (6 U.S.C. 1204) is 

19 amended by striking subsection (d). 

20 Subtitle C—Information Sharing 

21 SEC. 341. SURFACE TRANSPORTATION SECURITY STAKE22 HOLDER PARTICIPATION. 

23 (a) IN GENERAL.—Title XIII of the Implementing 

24 Recommendations of the 9/11 Commission Act of 2007 (6 


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1 U.S.C. 1111 et seq.) is amended by adding at the end 

2 the following: 

3 ‘‘SEC. 1311. SURFACE TRANSPORTATION ADVISORY COM4 MITTEE. 

5 ‘‘(a) ESTABLISHMENT.— 

6 ‘‘(1) IN GENERAL.—The Assistant Secretary 

7 shall establish in the Transportation Security Ad8 ministration an advisory committee, to be known as 

9 the Surface Transportation Advisory Committee (in 

10 this section referred to as the ‘Advisory Committee’), 

11 to assist the Assistant Secretary with issues per12 taining to surface transportation security. 

13 ‘‘(2) RECOMMENDATIONS.— 

14 ‘‘(A) IN GENERAL.—The Assistant Sec15 retary shall require the Advisory Committee to 

16 develop recommendations for improvements to 

17 surface transportation security planning, meth18 ods, equipment, and processes. 

19 ‘‘(B) PRIORITY ISSUES.—Not later than 

20 one year after the date of the enactment of the 

21 Transportation Security Administration Author22 ization Act of 2011, the Advisory Committee 

23 shall submit to the Assistant Secretary rec24 ommendations on improving homeland security 

25 information sharing between components of the 


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1 Department of Homeland Security and surface 

2 transportation security stakeholders, including 

3 those represented on the Advisory Committee. 

4 ‘‘(3) MEETINGS.—The Assistant Secretary shall 

5 require the Advisory Committee to meet at least 

6 semiannually and may convene additional meetings 

7 as necessary. 

8 ‘‘(4) UNPAID POSITION.—Advisory Committee 

9 Members shall serve at their own expense and re10 ceive no salary, reimbursement for travel expenses, 

11 or other compensation from the Federal Govern12 ment. 

13 ‘‘(b) MEMBERSHIP.— 

14 ‘‘(1) IN GENERAL.—The Assistant Secretary 

15 shall ensure that the Advisory Committee is com16 posed of not more than one individual representing 

17 not more than 27 member organizations, including 

18 representatives from public transportation agencies, 

19 passenger rail agencies or operators, railroad car20 riers, motor carriers, owners or operators of high21 ways, over-the-road bus operators and terminal own22 ers and operators, pipeline operators, labor organiza23 tions representing employees of such entities, and 

24 the surface transportation security technology indus25 try. 


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1 ‘‘(2) APPOINTMENTS.—Members shall be ap2 pointed by the Assistant Secretary and the Assistant 

3 Secretary shall have the discretion to review the par4 ticipation of any Advisory Committee member and 

5 remove for cause at any time. 

6 ‘‘(c) NONAPPLICABILITY OF FACA.—The Federal 

7 Advisory Committee Act (5 U.S.C. App.) shall not apply 

8 to the Advisory Committee under this section. 

9 ‘‘(d) PASSENGER CARRIER SECURITY WORKING

10 GROUP.— 

11 ‘‘(1) IN GENERAL.—The Assistant Secretary 

12 shall establish within the Advisory Committee a pas13 senger carrier security working group to provide rec14 ommendations for successful implementation of ini15 tiatives relating to passenger rail, over-the-road bus, 

16 and public transportation security proposed by the 

17 Transportation Security Administration in accord18 ance with statutory requirements, including relevant 

19 grant programs and security training provisions. 

20 ‘‘(2) MEETINGS.—The working group shall 

21 meet at least semiannually and provide annual re22 ports to the Assistant Secretary with recommenda23 tions to improve the Transportation Security Admin24 istration’s initiatives relating to passenger rail, over25 the-road bus, and public transportation security, inVerDate Mar 15 2010 03:20 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011

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1 cluding grants, training, inspection, or other relevant 

2 programs authorized in titles XIII and XIV, and 

3 subtitle C of title XV of this Act. 

4 ‘‘(3) MEMBERSHIP.—The working group shall 

5 be composed of members from the Advisory Com6 mittee with expertise in public transportation, over7 the-road bus, or passenger rail systems and oper8 ations, all appointed by the Assistant Secretary. 

9 ‘‘(4) REPORTS.— 

10 ‘‘(A) IN GENERAL.—The working group 

11 shall prepare and submit reports to the Assist12 ant Secretary in accordance with this para13 graph that provide recommendations as de14 scribed in paragraphs (1) and (2). 

15 ‘‘(B) SUBMISSION.—Not later than one 

16 year after the date of the enactment of the 

17 Transportation Security Administration Author18 ization Act of 2011, and on an annual basis 

19 thereafter, the working group shall submit a re20 port on the findings and recommendations de21 veloped under subparagraph (A) to the Assist22 ant Secretary. 

23 ‘‘(e) FREIGHT RAIL SECURITY WORKING GROUP.— 

24 ‘‘(1) IN GENERAL.—The Assistant Secretary 

25 shall establish within the Advisory Committee a 


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1 freight rail security working group to provide rec2 ommendations for successful implementation of ini3 tiatives relating to freight rail security proposed by 

4 the Transportation Security Administration in ac5 cordance with statutory requirements, including rel6 evant grant programs and security training provi7 sions. 

8 ‘‘(2) MEETINGS.—The working group shall 

9 meet at least semiannually and provide annual re10 ports to the Assistant Secretary with recommenda11 tions to improve the Transportation Security Admin12 istration’s initiatives relating to freight rail security, 

13 including grant, training, inspection, or other rel14 evant programs authorized in titles XIII and XV of 

15 this Act. 

16 ‘‘(3) MEMBERSHIP.—The working group shall 

17 be composed of members from the Advisory Com18 mittee with expertise in freight rail systems and op19 erations, all appointed by the Assistant Secretary. 

20 ‘‘(4) REPORTS.— 

21 ‘‘(A) IN GENERAL.—The working group 

22 shall prepare and submit reports to the Assist23 ant Secretary in accordance with this para24 graph that provide recommendations as de25 scribed in paragraphs (1) and (2). 


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1 ‘‘(B) SUBMISSION.—Not later than one 

2 year after the date of the enactment of the 

3 Transportation Security Administration Author4 ization Act of 2011, and on an annual basis 

5 thereafter, the working group shall submit a re6 port on the findings and recommendations de7 veloped under subparagraph (A) to the Assist8 ant Secretary.’’. 

9 (b) CONFORMING AMENDMENT.—Section 1(b) of the 

10 Implementing Recommendations of the 9/11 Commission 

11 Act of 2007 (Public Law 110–53) is amended by adding 

12 at the end of the items relating to title XIII (Transpor13 tation Security Enhancements) the following: 

‘‘Sec. 1311. Surface Transportation Advisory Committee.’’. 

14 SEC. 342. PLAN TO IMPROVE INFORMATION SHARING. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of the enactment of this Act, the Secretary, acting 

17 through the Assistant Secretary, shall develop a plan to 

18 improve intelligence information sharing with State and 

19 local transportation entities that includes best practices to 

20 ensure that the information shared is actionable, useful, 

21 and not redundant. 

22 (b) CONTENTS.—The plan required by subsection (a) 

23 shall include— 

24 (1) the incorporation of best practices for infor25 mation sharing; 


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1 (2) the identification of areas of overlap and re2 dundancy; 

3 (3) an evaluation and incorporation of stake4 holder input in the development of the plan; and 

5 (4) the integration of recommendations of the 

6 Comptroller General of the United States on infor7 mation sharing. 

8 (c) The Assistant Secretary shall solicit on an annual 

9 basis input from appropriate stakeholders, including State 

10 and local transportation entities, on the quality and quan11 tity of intelligence they receive. 

12 SEC. 343. BEST PRACTICES SHARING. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this Act, the Secretary, acting 

15 through the Assistant Secretary, shall establish a mecha16 nism to share with State and local transportation entities 

17 best practices from across the law enforcement spectrum, 

18 including Federal, State, local, and tribal entities, that re19 late to employee training, employee professional develop20 ment, technology development and deployment, hardening 

21 tactics, and passenger and employee awareness programs. 

22 (b) CONSULTATION.—The Assistant Secretary shall 

23 solicit and incorporate stakeholder input— 

24 (1) in developing the mechanism for sharing 

25 best practices as required under subsection (a); and 


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1 (2) not less frequently than once each year on 

2 the quality and quantity of information such stake3 holders receive through the mechanism established 

4 under subsection (a). 

Æ 


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