104 
(3) in subsection (e), by striking ‘‘, if appro-
priate,’’ and inserting ‘‘, to the extent practicable,’’; 
and 
(4) by striking subsection (f) and inserting the 
following new subsection (f): 
‘‘(f) REPORT.—Not later than one year after the date 
of the enactment of the Transportation Security Adminis-
tration Authorization Act, the Comptroller General shall 
submit to the appropriate congressional committees a re-
port on— 
‘‘(1) utilization of explosives detection canine 
teams to strengthen security in passenger rail and 
public transportation environments; 
‘‘(2) the capacity of the national explosive de-
tection canine team program as a whole; and 
‘‘(3) how the Assistant Secretary could better 
support State and local passenger rail and public 
transportation entities in maintaining certified ca-
nine teams for the life of the canine, including by 
providing financial assistance.’’. 
SEC. 312. DEPUTY ASSISTANT SECRETARY FOR SURFACE 
TRANSPORTATION SECURITY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
105 
(1) the Transportation Security Administra-
tion’s capacity to address surface transportation se-
curity would be enhanced significantly by estab-
lishing a position of Deputy Assistant Secretary for 
Surface Transportation Security to lead the Trans-
portation Security Administration’s surface trans-
portation security mission; and 
(2) a Deputy Assistant Secretary for Surface 
Transportation Security could provide the focused 
leadership and resource management necessary to 
implement the policies and programs that are crit-
ical to securing surface transportation modes and 
ensure the effectiveness of the Surface Transpor-
tation Security Inspection Office, security policy and 
grant functions affecting surface transportation 
modes, and the Transit Security Advisory Com-
mittee. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date of enactment of this Act, the Inspec-
tor General of the Department of Homeland Secu-
rity shall submit to the Committee on Homeland Se-
curity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate a report on the feasibility and
106 
merit of establishing a Deputy Assistant Secretary 
for Surface Transportation Security in the Trans-
portation Security Administration to reflect the re-
ality of security threats that are faced by all modes 
of transportation in the United States and also 
whether establishing the position of a Deputy Assist-
ant Secretary for Aviation Security would more ef-
fectively streamline or enhance the operational and 
policymaking capabilities of the Transportation Se-
curity Administration for all transportation modes. 
(2) RECOMMENDATIONS.—The Inspector Gen-
eral shall include in the report recommendations 
on— 
(A) the most effective and efficient ways to 
organize offices, functions, personnel, and pro-
grams of the Transportation Security Adminis-
tration under or among all respective Deputy 
Assistant Secretary positions to be created; 
(B) what offices, functions, personnel, and 
programs of the Transportation Security Ad-
ministration would best remain outside of the 
scope of any new Deputy Assistant Secretary 
positions in order that such offices, functions, 
personnel, and programs maintain the status of
107 
reporting directly to the Assistant Secretary; 
and 
(C) any other relevant matters, as the In-
spector General determines appropriate. 
SEC. 313. PUBLIC HEARINGS ON SECURITY ASSISTANCE 
GRANT PROGRAM AND THE RESTRICTION OF 
SECURITY IMPROVEMENT PRIORITIES. 
(a) PUBLIC HEARINGS.—Not later than 180 days 
after the date of the enactment of this Act, the Assistant 
Secretary shall conduct public hearings on the administra-
tion of the security assistance grant program under sec-
tion 1406 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (6 U.S.C. 1135). The As-
sistant Secretary shall— 
(1) solicit information and input from the 5 
urban areas that receive the largest amount of grant 
funds under such section, including recipients pro-
viding mass transportation and passenger rail serv-
ices; and 
(2) solicit feedback from such recipients on 
whether current allowable uses of grant funds under 
the regulations or guidance implementing the grant 
program are sufficient to address security improve-
ment priorities identified by transit agencies.
108 
(b) REPORT
TO CONGRESS.—The Assistant Sec-
retary shall submit to the Committees on Appropriations 
and Homeland Security of the House of Representatives 
and the Committees on Appropriations and Homeland Se-
curity and Governmental Affairs of the Senate a report 
on the findings of the public hearings conducted under 
paragraph (1). The report shall include— 
(1) the Assistant Secretary’s determinations 
with respect to the extent to which security improve-
ment priorities identified by transit agencies are not 
met by the regulations or guidance implementing the 
grant program; and 
(2) how such regulations or guidance should be 
changed to accommodate such priorities, or the As-
sistant Secretary’s justification for not addressing 
such priorities with the grant program. 
TITLE IV—TRANSPORTATION 
SECURITY ENHANCEMENTS 
Subtitle A—Security 
Enhancements 
SEC. 401. REPORT AND RECOMMENDATION FOR UNIFORM 
SECURITY BACKGROUND CHECKS. 
Not later than one year after the date of enactment 
of this Act, the Comptroller General shall submit to the
109 
Committee on Homeland Security of the House of Rep-
resentatives a report that contains— 
(1) a review of background checks and forms of 
identification required under State and local trans-
portation security programs; 
(2) a determination as to whether the back-
ground checks and forms of identification required 
under such programs duplicate or conflict with Fed-
eral programs; and 
(3) recommendations on limiting the number of 
background checks and forms of identification re-
quired under such programs to reduce or eliminate 
duplication with Federal programs. 
SEC. 402. ANIMAL-PROPELLED VESSELS. 
Notwithstanding section 70105 of title 46, United 
States Code, the Secretary shall not require an individual 
to hold a transportation security card, or be accompanied 
by another individual who holds such a card if— 
(1) the individual has been issued a license, cer-
tificate of registry, or merchant mariner’s document 
under part E of subtitle II of title 46, United States 
Code; 
(2) the individual is not allowed unescorted ac-
cess to a secure area designated in a vessel or facil-
ity security plan approved by the Secretary; and
110 
(3) the individual is engaged in the operation of 
a live animal-propelled vessel. 
SEC. 403. REQUIREMENTS FOR ISSUANCE OF TRANSPOR-
TATION SECURITY CARDS; ACCESS PENDING 
ISSUANCE; 
REDUNDANT 
BACKGROUND 
CHECKS. 
Section 70105 of title 46, United States Code, is 
amended by adding at the end the following new sub-
sections: 
‘‘(n) ESCORTING.—The Secretary shall coordinate 
with owners and operators subject to this section to allow 
any individual who has a pending application for a trans-
portation security card under this section or is waiting for 
reissuance of such card, including any individual whose 
card has been lost or stolen, and who needs to perform 
work in a secure or restricted area to have access to such 
area for that purpose through escorting of such individual 
in accordance with subsection (a)(1)(B) by another indi-
vidual who holds a transportation security card. 
‘‘(o) PROCESSING TIME.—The Secretary shall review 
an initial transportation security card application and re-
spond to the applicant, as appropriate, including the mail-
ing of an Initial Determination of Threat Assessment let-
ter, within 30 days after receipt of the initial application. 
The Secretary shall, to the greatest extent practicable, re-
111 
view appeal and waiver requests submitted by a transpor-
tation security card applicant, and send a written decision 
or request for additional information required for the ap-
peal or waiver determination, within 30 days after receipt 
of the applicant’s appeal or waiver written request. For 
an applicant that is required to submit additional informa-
tion for an appeal or waiver determination, the Secretary 
shall send a written decision, to the greatest extent prac-
ticable, within 30 days after receipt of all requested infor-
mation. 
‘‘(p) RECEIPT OF CARDS.—Within 180 days after the 
date of enactment of the Transportation Security Admin-
istration Authorization Act, the Secretary shall develop a 
process to permit an individual approved for a transpor-
tation security card under this section to receive the card 
at the individual’s place of residence. 
‘‘(q) FINGERPRINTING.—The Secretary shall estab-
lish procedures providing for an individual who is required 
to be fingerprinted for purposes of this section to be 
fingerprinted at facilities operated by or under contract 
with an agency of the Department of the Secretary that 
engages in fingerprinting the public for transportation se-
curity or other security purposes. 
‘‘(r) REDUNDANT BACKGROUND CHECKS.—The Sec-
retary shall prohibit a State or political subdivision thereof
112 
from requiring a separate security background check for 
any purpose for which a transportation security card is 
issued under this section. The Secretary may waive the 
application of this subsection with respect to a State or 
political subdivision thereof if the State or political sub-
division demonstrates a compelling homeland security rea-
son that a separate security background check is nec-
essary.’’. 
SEC. 404. HARMONIZING SECURITY CARD EXPIRATIONS. 
Section 70105(b) of title 46, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(6) The Secretary may extend for up to one year 
the expiration of a biometric transportation security card 
required by this section to align the expiration with the 
expiration of a license, certificate of registry, or merchant 
mariner document required under chapter 71 or 73.’’. 
SEC. 405. SECURING AVIATION FROM EXTREME TERRORIST 
THREATS. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2001, Congress gave the Assistant Sec-
retary, Transportation Security Administration, the 
task to ‘‘develop policies, strategies, and plans for 
dealing with threats to transportation security’’. The 
individuals currently held at the Naval Station,
113 
Guantanamo Bay, Cuba, were detained during 
armed conflict and pose a serious and continuing 
threat to the transportation security interests of the 
United States and its allies. 
(2) Terrorists, including Khalid Sheikh Moham-
mad, the admitted mastermind of the September 11, 
2001 terrorist attacks, have clearly demonstrated 
their desire and intent to use airplanes as weapons 
to kill innocent Americans. The August 2006 liquid 
explosive plot to take down 10 commercial airliners 
over the United States is positive proof that air 
transportation continues to be a target. 
(3) In light of al Qaeda’s propensity to conduct 
aviation-related attacks and the fact that, according 
to the Department of Defense, at least 74 former 
Guantanamo Bay detainees once considered ‘‘non- 
threatening’’ are recidivists to terrorism, restrictions 
on the air travel of former detainees are necessary 
to protect the public from future attacks. 
(4) Therefore, individuals who are or have been 
detained at Guantanamo should not be allowed to fly 
commercially in the United States and should be 
added to the Transportation Security Administra-
tion’s No Fly List, until the President certifies that
114 
each individual detainee poses no threat to the 
United States, its citizens, or its allies. 
(b) PROHIBITION OF DETAINEE USE OF COMMER-
CIAL AVIATION.—Section 44903(j)(2)(C) of title 49, 
United States Code, as amended by section 213 of the bill, 
is further amended by adding at the end the following: 
‘‘(vi) INCLUSION
OF
DETAINEES
ON 
NO FLY LIST.—The Assistant Secretary, in 
coordination with the Terrorist Screening 
Center, shall include on the No Fly List 
any individual who was a detainee held at 
the Naval Station, Guantanamo Bay, 
Cuba, unless the President certifies in 
writing to Congress that the detainee poses 
no threat to the United States, its citizens, 
or its allies. For purposes of this clause, 
the term ‘detainee’ means an individual in 
the custody or under the physical control 
of the United States as a result of armed 
conflict.’’. 
SEC. 406. PIPELINE SECURITY STUDY. 
(a) STUDY.—The Comptroller General shall conduct 
a study regarding the roles and responsibilities of the De-
partment of Homeland Security and the Department of
115 
Transportation with respect to pipeline security. The 
study shall address whether— 
(1) the Annex to the Memorandum of Under-
standing executed on August 9, 2006, between the 
Department of Homeland Security and the Depart-
ment of Transportation adequately delineates stra-
tegic and operational responsibilities for pipeline se-
curity, including whether it is clear which Depart-
ment is responsible for— 
(A) protecting against intentional pipeline 
breaches; 
(B) responding to intentional pipeline 
breaches; and 
(C) planning to recover from the effects of 
intentional pipeline breaches; 
(2) the respective roles and responsibilities of 
each Department are adequately conveyed to rel-
evant stakeholders and to the public; and 
(3) the processes and procedures for deter-
mining whether a particular pipeline breach is a ter-
rorist incident are clear and effective. 
(b) REPORT ON STUDY.—Not later than 180 days 
after the date of enactment of this section, the Comp-
troller General shall submit to the Committee on Home-
land Security in the House of Representatives a report
116 
containing the findings of the study conducted under sub-
section (a). 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the issuance of the report regarding the study con-
ducted pursuant to this section, the Secretary of Home-
land Security shall review and analyze the study and sub-
mit to the Committee on Homeland Security of the House 
of Representatives a report on such review and analysis, 
including any recommendations for— 
(1) changes to the Annex to the Memorandum 
of Understanding described in subsection (a)(1); and 
(2) other improvements to pipeline security ac-
tivities at the Department of Homeland Security. 
SEC. 407. TRANSPORTATION SECURITY ADMINISTRATION 
CENTRALIZED TRAINING FACILITY. 
(a) STUDY.—The Secretary of Homeland Security 
shall carry out a study on the feasibility of establishing 
a centralized training center for advanced security train-
ing provided by the Transportation Security Administra-
tion for the purpose of enhancing aviation security. 
(b) CONSIDERATIONS.—In conducting the study, the 
Secretary shall take into consideration the benefits, costs, 
equipment, personnel needs, and building requirements for 
establishing such a training center and if the benefits of
118 
comment, defining security sensitive materials for the pur-
poses of this title. 
‘‘(b) MOTOR VEHICLE OPERATORS.—The Secretary 
shall prohibit an individual from operating a motor vehicle 
in commerce while transporting a security sensitive mate-
rial unless the individual holds a valid transportation secu-
rity card issued by the Secretary under section 70105 of 
title 46, United States Code. 
‘‘(c) SHIPPERS.—The Secretary shall prohibit a per-
son from— 
‘‘(1) offering a security sensitive material for 
transportation by motor vehicle in commerce; or 
‘‘(2) causing a security sensitive material to be 
transported by motor vehicle in commerce, 
unless the motor vehicle operator transporting the security 
sensitive material holds a valid transportation security 
card issued by the Secretary under section 70105 of title 
46, United States Code. 
‘‘SEC. 2102. ENROLLMENT LOCATIONS. 
‘‘(a) FINGERPRINTING LOCATIONS.—The Secretary 
shall— 
‘‘(1) work with appropriate entities to ensure 
that fingerprinting locations for individuals applying 
for a transportation security card under section
119 
70105 of title 46, United States Code, have flexible 
operating hours; and 
‘‘(2) permit an individual applying for such 
transportation 
security 
card 
to 
utilize 
a 
fingerprinting location outside of the individual’s 
State of residence to the greatest extent practicable. 
‘‘(b) RECEIPT
AND ACTIVATION
OF CARDS.—The 
Secretary shall develop guidelines and procedures to per-
mit an individual to receive a transportation security card 
under section 70105 of title 46, United States Code, at 
the individual’s place of residence and to activate the card 
at any enrollment center. 
‘‘(c) NUMBER OF LOCATIONS.—The Secretary shall 
develop and implement a plan— 
‘‘(1) to offer individuals applying for a trans-
portation security card under section 70105 of title 
46, United States Code, the maximum number of 
fingerprinting locations practicable across diverse ge-
ographic regions; and 
‘‘(2) to conduct outreach to appropriate stake-
holders, including owners, operators, and relevant 
entities (and labor organizations representing em-
ployees of such owners, operators, and entities), to 
keep the stakeholders informed of the timeframe and
120 
locations for the opening of additional fingerprinting 
locations. 
‘‘(d) AUTHORIZATION.—There are authorized to be 
appropriated such sums as may be necessary to carry out 
this section. 
‘‘SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
ensure compliance with this title. 
‘‘(b) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary may enter into a memorandum of understanding 
with the Secretary of Transportation to ensure compliance 
with section 2101. 
‘‘SEC. 2104. CIVIL PENALTIES. 
‘‘A person that violates this title or a regulation or 
order issued under this title is liable to the United States 
Government pursuant to the Secretary’s authority under 
section 114(v) of title 49, United States Code. 
‘‘SEC. 2105. COMMERCIAL MOTOR VEHICLE OPERATORS 
REGISTERED TO OPERATE IN MEXICO OR 
CANADA. 
‘‘The Secretary shall prohibit a commercial motor ve-
hicle operator licensed to operate in Mexico or Canada 
from operating a commercial motor vehicle transporting 
a security sensitive material in commerce in the United 
States until the operator has been subjected to, and not
121 
disqualified as a result of, a security background records 
check by a Federal agency that the Secretary determines 
is similar to the security background records check re-
quired for commercial motor vehicle operators in the 
United States transporting security sensitive materials in 
commerce. 
‘‘SEC. 2106. OTHER SECURITY BACKGROUND CHECKS. 
‘‘The Secretary shall determine that an individual ap-
plying for a transportation security card under section 
70105 of title 46, United States Code, has met the back-
ground check requirements for such card if the individual 
was subjected to, and not disqualified as a result of, a 
security background records check by a Federal agency 
that the Secretary determines is equivalent to or more 
stringent than the background check requirements for 
such card. 
‘‘SEC. 2107. REDUNDANT BACKGROUND CHECKS. 
‘‘(a) IN GENERAL.—After the date of enactment of 
this title, the Secretary shall prohibit a State or political 
subdivision thereof from requiring a separate security 
background check of an individual seeking to transport 
hazardous materials. 
‘‘(b) WAIVERS.—The Secretary may waive the appli-
cation of subsection (a) with respect to a State or political 
subdivision thereof if the State or political subdivision
122 
demonstrates a compelling homeland security reason that 
a separate security background check is necessary to en-
sure the secure transportation of hazardous materials in 
the State or political subdivision. 
‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall limit the authority of a State 
to ensure that an individual has the requisite knowledge 
and skills to safely transport hazardous materials in com-
merce. 
‘‘SEC. 2108. TRANSITION. 
‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR 
HAZARDOUS
MATERIALS
ENDORSEMENTS.—The Sec-
retary shall treat an individual who has obtained a haz-
ardous materials endorsement in accordance with section 
1572 of title 49, Code of Federal Regulations, before the 
date of enactment of this title, as having met the back-
ground check requirements of a transportation security 
card under section 70105 of title 46, United States Code, 
subject to reissuance or expiration dates of the hazardous 
materials endorsement. 
‘‘(b) REDUCTION IN FEES.—The Secretary shall re-
duce, to the greatest extent practicable, any fees associ-
ated with obtaining a transportation security card under 
section 70105 of title 46, United Sates Code, for any indi-
vidual referred to in subsection (a).
123 
‘‘SEC. 2109. SAVINGS CLAUSE. 
‘‘Nothing in this title shall be construed as affecting 
the authority of the Secretary of Transportation to regu-
late hazardous materials under chapter 51 of title 49, 
United States Code. 
‘‘SEC. 2110. DEFINITIONS. 
‘‘In this title, the following definitions apply: 
‘‘(1) COMMERCE.—The term ‘commerce’ means 
trade or transportation in the jurisdiction of the 
United States— 
‘‘(A) between a place in a State and a 
place outside of the State; or 
‘‘(B) that affects trade or transportation 
between a place in a State and a place outside 
of the State. 
‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz-
ardous material’ has the meaning given that term in 
section 5102 of title 49, United States Code. 
‘‘(3) PERSON.—The term ‘person’, in addition 
to its meaning under section 1 of title 1, United 
States Code— 
‘‘(A) includes a government, Indian tribe, 
or authority of a government or tribe offering 
security sensitive material for transportation in 
commerce or transporting security sensitive ma-
terial to further a commercial enterprise; but
124 
‘‘(B) does not include— 
‘‘(i) the United States Postal Service; 
and 
‘‘(ii) in section 2104, a department, 
agency, or instrumentality of the Govern-
ment. 
‘‘(4) SECURITY
SENSITIVE
MATERIAL.—The 
term ‘security sensitive material’ has the meaning 
given that term in section 1501 of the Implementing 
Recommendations of the 9/11 Commission Act of 
2007 (6 U.S.C. 1151). 
‘‘(5) 
TRANSPORTS; 
TRANSPORTATION.—The 
term ‘transports’ or ‘transportation’ means the 
movement of property and loading, unloading, or 
storage incidental to such movement.’’. 
SEC. 433. CONFORMING AMENDMENT. 
The table of contents contained in section 1(b) of the 
Homeland Security Act of 2002 (116 Stat. 2135) is 
amended by adding at the end the following: 
‘‘TITLE XXI—SURFACE TRANSPORTATION SECURITY 
‘‘Sec. 2101. Transportation of security sensitive materials. 
‘‘Sec. 2102. Enrollment locations. 
‘‘Sec. 2103. Authority to ensure compliance. 
‘‘Sec. 2104. Civil penalties. 
‘‘Sec. 2105. Commercial motor vehicle operators registered to operate in Mexico 
or Canada. 
‘‘Sec. 2106. Other security background checks. 
‘‘Sec. 2107. Redundant background checks. 
‘‘Sec. 2108. Transition. 
‘‘Sec. 2109. Savings clause. 
‘‘Sec. 2110. Definitions.’’.
125 
SEC. 434. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 
Section 5103a of title 49, United States Code, and 
the item relating to that section in the analysis for chapter 
51 of such title, are repealed. 
SEC. 435. DEADLINES AND EFFECTIVE DATES. 
(a) ISSUANCE
OF
TRANSPORTATION
SECURITY 
CARDS.—Not later than May 31, 2010, the Secretary shall 
begin issuance of transportation security cards under sec-
tion 70105 of title 46, United States Code, to individuals 
who seek to operate a motor vehicle in commerce while 
transporting security sensitive materials. 
(b) EFFECTIVE DATE OF PROHIBITIONS.—The pro-
hibitions contained in sections 2101 and 2106 of the 
Homeland Security Act of 2002 (as added by this subtitle) 
shall take effect on the date that is 3 years after the date 
of enactment of this Act. 
(c) EFFECTIVE DATE
OF SECTION 434 AMEND-
MENTS.—The amendments made by section 434 of this 
Act shall take effect on the date that is 3 years after the 
date of enactment of this Act. 
SEC. 436. TASK FORCE ON DISQUALIFYING CRIMES. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a task force to review the lists of crimes that disqualify 
individuals from transportation-related employment under 
current regulations of the Transportation Security Admin-
126 
istration and assess whether such lists of crimes are accu-
rate indicators of a terrorism security risk. 
(b) MEMBERSHIP.—The task force shall be composed 
of representatives of appropriate industries, including 
labor unions representing employees of such industries, 
Federal agencies, and other appropriate entities, as deter-
mined by the Secretary. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the task force shall submit to 
the Secretary and the Committee on Homeland Security 
of the House of Representatives a report containing the 
results of the review, including recommendations for a 
common list of disqualifying crimes and the rationale for 
the inclusion of each crime on the list. 
Passed the House of Representatives June 4, 2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 2200 
AN ACT 
To authorize the Transportation Security Adminis-
tration’s programs relating to the provision of 
transportation security, and for other purposes.