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rulemaking pursuant to subchapter II of chapter 5 
of title 5.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a)(3) shall apply to a regulation issued under sec-
tion 114(l)(2) of title 49, United States Code, before, on, 
or after the date of enactment of this Act. 
TITLE III—SURFACE 
TRANSPORTATION SECURITY 
SEC. 301. ASSISTANT SECRETARY DEFINED. 
Section 1301 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1111) is 
amended— 
(1) by redesignating paragraphs (2) through 
(6) as paragraphs (3) through (7), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary of 
Homeland Security (Transportation Security Admin-
istration).’’. 
SEC. 302. SURFACE TRANSPORTATION SECURITY INSPEC-
TION PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) Surface transportation security inspectors 
assist passenger rail stakeholders in identifying secu-
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rity gaps through Baseline Assessment for Security 
Enhancement (‘‘BASE’’) reviews, monitor freight 
rail stakeholder efforts to reduce the risk that toxic 
inhalation hazard shipments pose to high threat 
urban areas through Security Action Item (‘‘SAI’’) 
reviews, and assist in strengthening chain of custody 
security. 
(2) Surface transportation security inspectors 
play a critical role in building and maintaining work-
ing relationships with transit agencies and acting as 
liaisons between such agencies and the Transpor-
tation Security Operations Center, relationships 
which are vital to effective implementation of the 
surface transportation security mission. 
(3) In December 2006, the Transportation Se-
curity Administration shifted from a system in which 
surface transportation security inspectors reported 
to surface-focused supervisors to a system in which 
inspectors report to aviation-focused supervisors in 
the field; a shift which has resulted in a strained 
chain of command, misappropriation of inspectors to 
nonsurface activities, the hiring of senior-level in-
spectors with no surface qualifications, and signifi-
cant damage to relationships with transit agencies 
and inspector morale. 
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(b) SURFACE TRANSPORTATION SECURITY INSPEC-
TION OFFICE.—Section 1304 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1113) is amended— 
(1) by redesignating subsections (c) through (j) 
as subsections (b) through (i), respectively; and 
(2) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) SURFACE TRANSPORTATION SECURITY INSPEC-
TION OFFICE.— 
‘‘(1) ESTABLISHMENT.—The Secretary, acting 
through the Assistant Secretary, shall establish an 
office to be known as the Surface Transportation 
Security Inspection Office (in this section referred to 
as the ‘Office’). 
‘‘(2) MISSION.—The Secretary shall use the Of-
fice to train, employ, and utilize surface transpor-
tation security inspectors to— 
‘‘(A) assist surface transportation carriers, 
operators, owners, entities, and facilities to en-
hance their security against terrorist attacks 
and other security threats; and 
‘‘(B) assist the Secretary in enforcing ap-
plicable surface transportation security regula-
tions and directives. 
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‘‘(3) OFFICERS.— 
‘‘(A) DIRECTOR.—The head of the Office 
shall be the Director, who shall— 
‘‘(i) oversee and coordinate the activi-
ties of the Office, including all officers and 
any corresponding surface transportation 
modes in which the Office carries out such 
activities, and the surface transportation 
security inspectors who assist in such ac-
tivities; and 
‘‘(ii) act as the primary point of con-
tact between the Office and other entities 
that support the Department’s surface 
transportation security mission to ensure 
efficient and appropriate use of surface 
transportation 
security 
inspectors 
and 
maintain strong working relationships with 
surface 
transportation 
security 
stake-
holders. 
‘‘(B) DEPUTY DIRECTOR.—There shall be 
a Deputy Director of the Office, who shall— 
‘‘(i) assist the Director in carrying out 
the responsibilities of the Director under 
this subsection; and 
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‘‘(ii) serve as acting Director in the 
absence of the Director and during any va-
cancy in the office of Director. 
‘‘(4) APPOINTMENT.— 
‘‘(A) IN
GENERAL.—The Director and 
Deputy Director shall be responsible on a full- 
time basis for the duties and responsibilities de-
scribed in this subsection. 
‘‘(B) CLASSIFICATION.—The position of 
Director shall be considered a position in the 
Senior Executive Service as defined in section 
2101a of title 5, United States Code, and the 
position of Deputy Director shall be considered 
a position classified at grade GS–15 of the Gen-
eral Schedule. 
‘‘(5) LIMITATION.—No person shall serve as an 
officer under subsection (a)(3) while serving in any 
other position in the Federal Government. 
‘‘(6) FIELD OFFICES.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish primary and secondary field of-
fices in the United States to be staffed by sur-
face transportation security inspectors in the 
course of carrying out their duties under this 
section. 
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‘‘(B) DESIGNATION.—The locations for, 
and designation as ‘primary’ or ‘secondary’ of, 
such field offices shall be determined in a man-
ner that is consistent with the Department’s 
risk-based approach to carrying out its home-
land security mission. 
‘‘(C) COMMAND STRUCTURE.— 
‘‘(i) PRIMARY FIELD OFFICES.—Each 
primary field office shall be led by a chief 
surface transportation security inspector, 
who has significant experience with surface 
transportation systems, facilities, and oper-
ations and shall report directly to the Di-
rector. 
‘‘(ii) SECONDARY
FIELD
OFFICES.— 
Each secondary field office shall be led by 
a senior surface transportation security in-
spector, who shall report directly to the 
chief surface transportation security in-
spector of a geographically appropriate pri-
mary field office, as determined by the Di-
rector. 
‘‘(D) PERSONNEL.—Not later than 18 
months after the date of enactment of the 
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(e) REPORT.—Section 1304(h) of such Act (6 U.S.C. 
1113(h)), as redesignated by subsection (b) of this section, 
is amended by striking ‘‘2008’’ and inserting ‘‘2011’’. 
(f) PLAN.—Section 1304(i) of such Act (6 U.S.C. 
1113(i)), as redesignated by subsection (b) of this section, 
is amended to read as follows: 
‘‘(i) PLAN.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Transportation 
Security Administration Authorization Act, the Sec-
retary shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a plan for expanding the duties 
and leveraging the expertise of surface transpor-
tation security inspectors to further support the De-
partment’s surface transportation security mission. 
‘‘(2) CONTENTS.—The plan shall include— 
‘‘(A) an analysis of how surface transpor-
tation security inspectors could be used to con-
duct oversight activities with respect to surface 
transportation security projects funded by rel-
evant grant programs administered by the De-
partment; 
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‘‘(B) an evaluation of whether authorizing 
surface transportation security inspectors to ob-
tain or possess law enforcement qualifications 
or status would enhance the capacity of the Of-
fice to take an active role in the Department’s 
surface transportation security operations; and 
‘‘(C) any other potential functions relating 
to surface transportation security the Secretary 
determines appropriate.’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 
1304 of such Act (6 U.S.C. 1113) is amended by adding 
at the end the following: 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—From 
amounts made available under section 101 of the Trans-
portation Security Administration Authorization Act, 
there are authorized to be appropriated such sums as may 
be necessary to the Secretary to carry out this section for 
fiscal years 2010 and 2011.’’. 
(h) CONFORMING AMENDMENT.—Section 1304(b) of 
such Act (6 U.S.C. 1113(b)), as redesignated by sub-
section (b) of this section, is amended by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (d)’’. 
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SEC. 303. VISIBLE INTERMODAL PREVENTION AND RE-
SPONSE TEAMS. 
Section 1303 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is 
amended— 
(1) in subsection (a) by striking ‘‘Administrator 
of the Transportation Security Administration,’’ and 
inserting ‘‘Assistant Secretary,’’; 
(2) in subsection (a)(4) by striking ‘‘team,’’ and 
inserting ‘‘team as to specific locations and times 
within their facilities at which VIPR teams should 
be deployed to maximize the effectiveness of such de-
ployment and other matters,’’; and 
(3) by striking subsection (b) and inserting the 
following: 
‘‘(b) PERFORMANCE MEASURES.—Not later than one 
year after the date of enactment of the Transportation Se-
curity Administration Authorization Act, the Secretary 
shall develop and implement a system of qualitative per-
formance measures and objectives by which to assess the 
roles, activities, and effectiveness of VIPR team operations 
on an ongoing basis, including a mechanism through 
which the transportation entities listed in subsection 
(a)(4) may submit feedback on VIPR team operations in-
volving their systems or facilities. 
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‘‘(c) PLAN.—Not later than one year after the date 
of enactment of the Transportation Security Administra-
tion Authorization Act, the Secretary shall develop and 
implement a plan for ensuring the interoperability of com-
munications among all participating VIPR team compo-
nents as designated under subsection (a)(1) and between 
VIPR teams and any relevant transportation entities as 
designated in subsection (a)(4) whose systems or facilities 
are involved in VIPR team operations, including an anal-
ysis of the costs and resources required to carry out the 
plan. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—From 
amounts made available under section 101 of the Trans-
portation Security Administration Authorization Act, 
there are authorized to be appropriated to the Secretary 
to carry out this section such sums as may be necessary 
for fiscal years 2010 and 2011.’’. 
SEC. 304. SURFACE TRANSPORTATION SECURITY STAKE-
HOLDER PARTICIPATION. 
(a) IN GENERAL.—Title XIII of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1111 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE. 
‘‘(a) ESTABLISHMENT.— 
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‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish in the Transportation Security Ad-
ministration an advisory committee, to be known as 
the Transit Security Advisory Committee (in this 
section referred to as the ‘Advisory Committee’), to 
assist the Assistant Secretary with issues pertaining 
to surface transportation security. 
‘‘(2) RECOMMENDATIONS.— 
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary shall require the Advisory Committee to 
develop recommendations for improvements to 
surface transportation security planning, meth-
ods, equipment, and processes. 
‘‘(B) PRIORITY
ISSUES.—Not later than 
one year after the date of enactment of the 
Transportation Security Administration Author-
ization Act, the Advisory Committee shall sub-
mit to the Assistant Secretary recommendations 
on— 
‘‘(i) improving homeland security in-
formation sharing between components of 
the Department of Homeland Security and 
surface 
transportation 
security 
stake-
holders, including those represented on the 
Advisory Committee; and 
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‘‘(ii) streamlining or consolidating re-
dundant security background checks re-
quired by the Department under relevant 
statutes governing surface transportation 
security, as well as redundant security 
background checks required by States 
where there is no legitimate homeland se-
curity basis for requiring such checks. 
‘‘(3) MEETINGS.—The Assistant Secretary shall 
require the Advisory Committee to meet at least 
semiannually and may convene additional meetings 
as necessary. 
‘‘(4) UNPAID
POSITION.—Advisory Committee 
Members shall serve at their own expense and re-
ceive no salary, reimbursement for travel expenses, 
or other compensation from the Federal Govern-
ment. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall ensure that the Advisory Committee is com-
posed of not more than one individual representing 
not more than 27 member organizations, including 
representatives from public transportation agencies, 
passenger rail agencies or operators, railroad car-
riers, motor carriers, owners or operators of high-
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ways, over-the-road bus operators and terminal own-
ers and operators, pipeline operators, labor organiza-
tions representing employees of such entities, and 
the surface transportation security technology indus-
try. 
‘‘(2) APPOINTMENTS.—Members shall be ap-
pointed by the Assistant Secretary and the Assistant 
Secretary shall have the discretion to review the par-
ticipation of any Advisory Committee member and 
remove for cause at any time. 
‘‘(c) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Advisory Committee under this section. 
‘‘(d) PASSENGER
CARRIER
SECURITY
WORKING 
GROUP.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish within the Advisory Committee a pas-
senger carrier security working group to provide rec-
ommendations for successful implementation of ini-
tiatives relating to passenger rail, over-the-road bus, 
and public transportation security proposed by the 
Transportation Security Administration in accord-
ance with statutory requirements, including relevant 
grant programs and security training provisions. 
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‘‘(2) MEETINGS.—The working group shall 
meet at least semiannually and provide annual re-
ports to the Assistant Secretary with recommenda-
tions to improve the Transportation Security Admin-
istration’s initiatives relating to passenger rail, over- 
the-road bus, and public transportation security, in-
cluding grant, training, inspection, or other relevant 
programs authorized in titles XIII and XIV, and 
subtitle C of title XV of this Act. 
‘‘(3) MEMBERSHIP.—The working group shall 
be composed of members from the Advisory Com-
mittee with expertise in public transportation, over- 
the-road bus, or passenger rail systems and oper-
ations, all appointed by the Assistant Secretary. 
‘‘(4) REPORTS.— 
‘‘(A) IN
GENERAL.—The working group 
shall prepare and submit reports to the Assist-
ant Secretary in accordance with this para-
graph that provide recommendations as de-
scribed in paragraphs (1) and (2). 
‘‘(B) SUBMISSION.—Not later than one 
year after the date of enactment of the Trans-
portation Security Administration Authorization 
Act, and on an annual basis thereafter, the 
working group shall submit a report on the 
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findings and recommendations developed under 
subparagraph (A) to the Assistant Secretary. 
‘‘(e) FREIGHT RAIL SECURITY WORKING GROUP.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish within the Advisory Committee a 
freight rail security working group to provide rec-
ommendations for successful implementation of ini-
tiatives relating to freight rail security proposed by 
the Transportation Security Administration in ac-
cordance with statutory requirements, including rel-
evant grant programs and security training provi-
sions. 
‘‘(2) MEETINGS.—The working group shall 
meet at least semiannually and provide annual re-
ports to the Assistant Secretary with recommenda-
tions to improve the Transportation Security Admin-
istration’s initiatives relating to freight rail security, 
including grant, training, inspection, or other rel-
evant programs authorized in titles XIII and XV of 
this Act. 
‘‘(3) MEMBERSHIP.—The working group shall 
be composed of members from the Advisory Com-
mittee with expertise in freight rail systems and op-
erations, all appointed by the Assistant Secretary. 
‘‘(4) REPORTS.— 
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‘‘(A) IN
GENERAL.—The working group 
shall prepare and submit reports to the Assist-
ant Secretary in accordance with this para-
graph that provide recommendations as de-
scribed in paragraphs (1) and (2). 
‘‘(B) SUBMISSION.—Not later than one 
year after the date of enactment of the Trans-
portation Security Administration Authorization 
Act, and on an annual basis thereafter, the 
working group shall submit a report on the 
findings and recommendations developed under 
subparagraph (A) to the Assistant Secretary.’’. 
(b) CONFORMING AMENDMENT.—Section 1(b) of the 
Implementing Recommendations of the 9/11 Commission 
Act of 2007 (Public Law 110–53) is amended by adding 
at the end of title XIII (Transportation Security Enchant-
ments) the following: 
‘‘Sec. 1311. Transit Security Advisory Committee.’’. 
SEC. 305. HUMAN CAPITAL PLAN FOR SURFACE TRANSPOR-
TATION SECURITY PERSONNEL. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Assistant Secretary 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a human capital plan for hiring, training, managing, 
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and compensating surface transportation security per-
sonnel, including surface transportation security inspec-
tors. 
(b) CONSULTATION.—In developing the human cap-
ital plan, the Assistant Secretary shall consult with the 
chief human capital officer of the Department of Home-
land Security, the Director of the Surface Transportation 
Security Inspection Office, the Inspector General of the 
Department of Homeland Security, and the Comptroller 
General. 
(c) APPROVAL.—Prior to submission, the human cap-
ital plan shall be reviewed and approved by the chief 
human capital officer of the Department of Homeland Se-
curity. 
SEC. 306. SURFACE TRANSPORTATION SECURITY TRAIN-
ING. 
(a) STATUS REPORT.—Not later than 30 days after 
the date of enactment of this Act, the Secretary shall sub-
mit a report to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate on the status of the Department’s implementation of 
sections 1408, 1517, and 1534 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1137, 1167, and 1184), including detailed time-
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frames for development and issuance of the transportation 
security training regulations required under such sections. 
(b) PRIVATE PROVIDERS.—Not later than one year 
after the date of enactment of this Act, the Assistant Sec-
retary shall identify criteria and establish a process for 
approving and maintaining a list of approved private 
third-party providers of security training with whom sur-
face transportation entities may enter into contracts, as 
needed, for the purpose of satisfying security training re-
quirements of the Department of Homeland Security, in-
cluding requirements developed under sections 1408, 
1517, and 1534 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 
1167, and 1184), in accordance with section 103 of this 
Act. 
SEC. 307. IMPROVEMENT OF PUBLIC TRANSPORTATION SE-
CURITY ASSISTANCE. 
(a) IN GENERAL.—Section 1406 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1135; Public Law 110–53) is amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (B), by inserting 
‘‘bollards,’’ after ‘‘including’’; and 
(B) in subparagraph (D), by inserting 
after ‘‘including’’ the following: ‘‘projects for 
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the purpose of demonstrating or assessing the 
capability of such systems and’’; 
(2) by redesignating subsections (e) through (k) 
as subsections (f) through (l), respectively; 
(3) by redesignating subsections (l) and (m) as 
subsections (n) and (o), respectively; 
(4) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) PROCEDURE.— 
‘‘(1) TIMELINE.— 
‘‘(A) AVAILABILITY
OF
APPLICATIONS.— 
Applications for grants under this section for a 
grant cycle shall be made available to eligible 
applicants not later than 30 days after the date 
of the enactment of the appropriations Act for 
the Department of Homeland Security for the 
same fiscal year as the grant cycle. 
‘‘(B) SUBMISSION
OF
APPLICATIONS.—A 
public transportation agency that is eligible for 
a grant under this section shall submit an ap-
plication for a grant not later than 45 days 
after the applications are made available under 
subparagraph (A). 
‘‘(C) ACTION.—The Secretary shall make a 
determination approving or rejecting each appli-
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cation submitted under subparagraph (B), no-
tify the applicant of the determination, and im-
mediately commence any additional processes 
required to allow an approved applicant to 
begin to receive grant funds by not later than 
60 days after date on which the Secretary re-
ceives the application. 
‘‘(2) PROHIBITION OF COST-SHARING REQUIRE-
MENT.—No grant under this section may require 
any cost-sharing contribution from the grant recipi-
ent or from any related State or local agency. 
‘‘(3) ANNUAL
REPORT.—Not later than the 
date that is 180 days after the last determination 
made under paragraph (1)(C) for a grant cycle, the 
Secretary shall submit to the Committees on Appro-
priations and Homeland Security of the House of 
Representatives and the Committees on Appropria-
tions and Homeland Security and Governmental Af-
fairs of the Senate a report that includes a list of 
all grant awarded under this section for that grant 
cycle for which the grant recipient is not, as of such 
date, able to receive grant funds and an explanation 
of why such funds have not yet been released for use 
by the recipient. 
‘‘(4) PERFORMANCE.— 
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‘‘(A) DURATION.—The performance period 
for grants made under this section shall be a 
period of time not less than 36 months in dura-
tion. 
‘‘(B) TIMING.—The performance period 
for any grant made under this section shall not 
begin to run until the recipient of the grant has 
been formally notified that funds provided 
under the terms of the grant have been released 
for use by the recipient.’’; 
(5) by inserting after subsection (l), as redesig-
nated by paragraph (2) of this section, the following 
new subsection (m): 
‘‘(m) ACCESS.—The Secretary shall ensure that, for 
each grant awarded under this section, the Inspector Gen-
eral of the Department is authorized to— 
‘‘(1) examine any records of the grant recipient 
or any contractors or subcontractors with which the 
recipient enters into a contract, or any State or local 
agency, that directly pertain to and involve trans-
actions relating to grants under this section; and 
‘‘(2) interview any officer or employee of the re-
cipient, any contractors or subcontractors with 
which the recipient enters into a contract, or State 
or local agency regarding such transactions.’’; and 
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(6) in subsection (o), as redesignated by para-
graph (3) of this section— 
(A) by striking paragraph (1) and insert-
ing the following new paragraph (1): 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary to make grants under 
this section— 
‘‘(A) $900,000,000 for fiscal year 2010, 
except that not more than 30 percent of such 
funds may be used for operational costs under 
subsection (b)(2) of this section; and 
‘‘(B) $1,100,000,000 for fiscal year 2011, 
except that not more than 30 percent of such 
funds may be used for operational costs under 
subsection (b)(2) of this section.’’; 
(B) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(C) by inserting after paragraph (2) the 
following new paragraph (3): 
‘‘(3) EXCEPTION.—The limitation on the per-
centage of funds that may be used for operational 
costs under paragraph (1) shall not apply to any 
costs involved with or relating to explosives detection 
canine teams acquired or used for the purpose of se-
curing public transportation systems or facilities.’’. 
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(b) TECHNICAL ASSISTANCE PILOT PROGRAM.— 
(1) PILOT PROGRAM REQUIRED.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
Assistant Secretary shall conduct and complete 
a pilot program to provide grants to not more 
than 7 public transportation agencies eligible 
for security grants under section 1406 of the 
Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1135; Pub-
lic Law 110–53) for the purpose of obtaining 
external technical support and expertise to as-
sist such agencies in conducting comprehensive 
security risk assessments of public transpor-
tation systems, resources, and facilities. 
(B) METHODOLOGY.—Not later than 60 
days after the date of the enactment of this 
Act, the Assistant Secretary shall identify— 
(i) a comprehensive risk methodology 
for conducting comprehensive security risk 
assessments using grants made under this 
subsection that accounts for all three ele-
ments of risk, including threat, vulner-
ability, and consequence; and 
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(ii) an approved third-party provider 
of technical support and expertise for the 
purpose of providing external assistance to 
grantees in conducting comprehensive se-
curity risk assessments. 
(C) PARTICIPANTS.— 
(i) IN GENERAL.—In selecting public 
transportation agencies to participate in 
the pilot program, the Assistant Secretary 
shall approve eligible agencies based on a 
combination of factors, including risk, 
whether the agency has completed a com-
prehensive security risk assessment re-
ferred to in subparagraph (B)(i) within a 
year preceding the date of enactment of 
this Act, and geographic representation. 
(ii) PRIOR
EFFORTS.—No eligible 
public transportation agency may be de-
nied participation in the pilot program on 
the grounds that it has applied for other 
grants administered by the Department for 
the purpose of conducting a comprehensive 
security risk assessment. 
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(D) PROHIBITIONS.—In carrying out the 
pilot program the Assistant Secretary shall en-
sure that— 
(i) grants awarded under the pilot 
program shall supplement and not replace 
other sources of Federal funding; 
(ii) other sources of Federal funding 
are not taken into consideration when as-
sistance is awarded under the pilot pro-
gram; and 
(iii) no aspect of the pilot program is 
conducted or administered by a component 
of the Department other than the Trans-
portation Security Administration. 
(2) REPORT.—Not later than 180 days after 
the completion of the pilot program, the Assistant 
Secretary shall submit to the Committee on Home-
land Security of the House of Representatives a re-
port on the results of the pilot program, including 
an analysis of the feasibility and merit of expanding 
the pilot program to a permanent program and any 
recommendations determined appropriate by the As-
sistant Secretary. 
(3) AUTHORIZATION OF APPROPRIATIONS.—Of 
amounts made available pursuant to section 101 for 
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fiscal year 2010, $7,000,000 shall be available to the 
Assistant Secretary to carry out this subsection. Any 
amount made available to the Assistant Secretary 
pursuant to this paragraph shall remain available 
until the end of fiscal year 2011. 
(c) REPORT
ON
RECOMMENDATIONS
OF
COMP-
TROLLER GENERAL.— 
(1) REPORT
REQUIRED.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a 
report on the status of the Secretary’s implementa-
tion of the recommendations of the Comptroller Gen-
eral with respect to the improvement of the adminis-
tration of security grants under section 1406 of the 
Implementing Recommendations of the 9/11 Com-
mission Act of 2007 (6 U.S.C. 1135; Public Law 
110–53). 
(2) REVIEW BY INSPECTOR GENERAL.—Before 
the Secretary submits the report required under 
paragraph (1), the report shall be reviewed by the 
Inspector General of the Department of Homeland 
Security. When the Secretary submits the report to 
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Congress under paragraph (1), the Secretary shall 
include with the report documentation verifying that 
the report was reviewed by the Inspector General in 
accordance with this paragraph. 
SEC. 308. INTERNATIONAL LESSONS LEARNED FOR SECUR-
ING PASSENGER RAIL AND PUBLIC TRANS-
PORTATION SYSTEMS. 
(a) FINDINGS.—Congress finds that— 
(1) numerous terrorist attacks since September 
11, 2001, have targeted passenger rail or public 
transportation systems; 
(2) nearly 200 people were killed and almost 
2,000 more were injured when terrorists set off 10 
simultaneous explosions on 4 commuter trains in 
Madrid, Spain, on March 11, 2004; 
(3) 50 people were killed and more than 700 in-
jured in successive bombings of 3 transit stations 
and a public bus in London, England, on July 7, 
2005, and a second attack against 4 similar targets 
on July 21, 2005, failed because of faulty deto-
nators; 
(4) more than 200 people were killed and more 
than 700 injured in simultaneous terrorist bombings 
of commuter trains on the Western Line in the sub-
urbs of Mamba, India, on July 11, 2006; 
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(5) the acts of terrorism in Mamba, India, on 
November 26, 2008, included commando-style at-
tacks on a major railway station; and 
(6) a disproportionately low amount of atten-
tion and resources have been devoted to surface 
transportation security by the Department of Home-
land Security, including the security of passenger 
rail and public transportation systems, as compared 
with aviation security, which has been the primary 
focus of Federal transportation security efforts gen-
erally, and of the Transportation Security Adminis-
tration in particular. 
(b) STUDY.—The Comptroller General shall conduct 
a study on the efforts undertaken by the Secretary and 
Assistant Secretary, as well as other entities determined 
by the Comptroller General to have made significant ef-
forts, since January 1, 2004, to learn from foreign nations 
that have been targets of terrorist attacks on passenger 
rail and public transportation systems in an effort to iden-
tify lessons learned from the experience of such nations 
to improve the execution of Department functions to ad-
dress transportation security gaps in the United States. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of enactment of this Act, the Comp-
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troller General shall submit to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a report on the re-
sults of the study. The report shall also include an 
analysis of relevant legal differences that may affect 
the ability of the Department to apply lessons 
learned. 
(2) 
RECOMMENDATIONS.—The 
Comptroller 
General shall include in the report recommendations 
on how the Department and its components, includ-
ing the Transportation Security Administration, can 
expand efforts to learn from the expertise and the 
security practices of passenger rail and public trans-
portation systems in foreign nations that have expe-
rienced terrorist attacks on such systems. 
SEC. 309. UNDERWATER TUNNEL SECURITY DEMONSTRA-
TION PROJECT. 
(a) DEMONSTRATION PROJECT.—The Assistant Sec-
retary, in consultation with the Under Secretary for 
Science and Technology, shall conduct a full-scale dem-
onstration project to test and assess the feasibility and 
effectiveness of certain technologies to enhance the secu-
rity of underwater public transportation tunnels against 
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terrorist attacks involving the use of improvised explosive 
devices. 
(b) INFLATABLE PLUGS.— 
(1) IN GENERAL.—At least one of the tech-
nologies tested under subsection (a) shall be inflat-
able plugs that may be rapidly deployed to prevent 
flooding of a tunnel. 
(2) FIRST
TECHNOLOGY
TESTED.—Not later 
than 180 days after the date of enactment of this 
Act, the Assistant Secretary shall carry out a dem-
onstration project that tests the effectiveness of 
using inflatable plugs for the purpose described in 
paragraph (1). 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after completion of the demonstration project under this 
section, the Assistant Secretary shall submit a report to 
the appropriate committees of Congress, including the 
Committee on Homeland Security of the House of Rep-
resentatives, on the results of the demonstration project. 
(d) AUTHORIZATION
OF APPROPRIATION.—Of the 
amounts made available under section 101 for fiscal year 
2010, $8,000,000 shall be available to carry out this sec-
tion. 
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SEC. 310. PASSENGER RAIL SECURITY DEMONSTRATION 
PROJECT. 
(a) DEMONSTRATION PROJECT.—The Assistant Sec-
retary, in consultation with the Under Secretary for 
Science and Technology, shall conduct a demonstration 
project in a passenger rail system to test and assess the 
feasibility and effectiveness of technologies to strengthen 
the security of passenger rail systems against terrorist at-
tacks involving the use of improvised explosive devices. 
(b) SECURITY TECHNOLOGIES.—The demonstration 
project under this section shall test and assess tech-
nologies to— 
(1) detect improvised explosive devices on sta-
tion platforms, through the use of foreign object de-
tection programs in conjunction with cameras; and 
(2) defeat improvised explosive devices left on 
rail tracks. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after completion of the demonstration project under this 
section, the Assistant Secretary shall submit a report to 
the appropriate committees of Congress, including the 
Committee on Homeland Security of the House of Rep-
resentatives, on the results of the demonstration project. 
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SEC. 311. EXPLOSIVES DETECTION CANINE TEAMS. 
Section 1307 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A), by striking 
‘‘2010’’ and inserting ‘‘2011’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) ALLOCATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
increase the number of canine teams certified 
by the Transportation Security Administration 
for the purpose of passenger rail and public 
transportation security activities to not less 
than 200 canine teams by the end of fiscal year 
2011. 
‘‘(B) COOPERATIVE
AGREEMENTS.—The 
Secretary shall expand the use of canine teams 
to enhance passenger rail and public transpor-
tation security by entering into cooperative 
agreements with passenger rail and public 
transportation agencies eligible for security as-
sistance under section 1406 of this Act for the 
purpose of deploying and maintaining canine 
teams to such agencies for use in passenger rail 
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or public transportation security activities and 
providing for assistance in an amount not less 
than $75,000 for each canine team deployed, to 
be adjusted by the Secretary for inflation. 
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—From amounts made available under 
section 101 of the Transportation Security Ad-
ministration Authorization Act, there are au-
thorized to be appropriated to the Secretary 
such sums as may be necessary to carry out 
this paragraph for fiscal years 2010 and 
2011.’’; 
(2) in subsection (d)— 
(A) in paragraph (3), by striking ‘‘and’’; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting the following: ‘‘; 
and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) expand the use of canine teams trained to 
detect vapor wave trails in passenger rail and public 
transportation security environments, as the Sec-
retary, in consultation with the Assistant Secretary, 
determines appropriate.’’; 
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(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— 
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(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 
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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 
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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. 
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(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 
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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 
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(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-
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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 
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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, 
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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 
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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 
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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 
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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 
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‘‘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 
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