(4) include recommendations for how each rel-
evant component of the Department, including the 
Transportation Security Administration, may further 
clarify, coordinate, or maximize its roles and respon-
sibilities in administering grant funds and approving 
grant projects under section 1406. 
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 si-
multaneous explosions on 4 commuter trains in Ma-
drid, 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 detonators; 
(4) more than 200 people were killed and more 
than 700 injured in simultaneous terrorist bombings 
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of commuter trains on the Western Line in the sub-
urbs of Mamba, India, on July 11, 2006; 
(5) the acts of terrorism in Mamba, India, on 
November 26, 2008, included commando-style attacks 
on a major railway station; and 
(6) a disproportionately low amount of attention 
and resources have been devoted to surface transpor-
tation security by the Department of Homeland Secu-
rity, including the security of passenger rail and pub-
lic transportation systems, as compared with aviation 
security, which has been the primary focus of Federal 
transportation security efforts generally, and of the 
Transportation Security Administration in par-
ticular. 
(b) STUDY.—The Comptroller General shall conduct a 
study on the efforts undertaken by the Secretary and Assist-
ant Secretary, as well as other entities determined by the 
Comptroller General to have made significant efforts, 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 identify lessons 
learned from the experience of such nations to improve the 
execution of Department functions to address transpor-
tation security gaps in the United States. 
(c) REPORT.— 
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(1) IN GENERAL.—Not later than one year after 
the date of enactment of this Act, the Comptroller 
General 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 results 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 Gen-
eral shall include in the report recommendations on 
how the Department and its components, including 
the Transportation Security Administration, can ex-
pand efforts to learn from the expertise and the secu-
rity practices of passenger rail and public transpor-
tation systems in foreign nations that have experi-
enced 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 effec-
tiveness of certain technologies to enhance the security of 
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underwater public transportation tunnels against terrorist 
attacks involving the use of improvised explosive devices. 
(b) INFLATABLE PLUGS.— 
(1) IN GENERAL.—At least one of the technologies 
tested under subsection (a) shall be inflatable 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 demonstration 
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 sec-
tion, the Assistant Secretary shall submit a report to the 
appropriate committees of Congress, including the Com-
mittee on Homeland Security of the House of Representa-
tives, 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 section. 
SEC. 310. PASSENGER RAIL SECURITY DEMONSTRATION 
PROJECT. 
(a) DEMONSTRATION PROJECT.—The Assistant Sec-
retary, in consultation with the Under Secretary for 
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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 attacks 
involving the use of improvised explosive devices. 
(b) SECURITY TECHNOLOGIES.—The demonstration 
project under this section shall test and assess technologies 
to— 
(1) detect improvised explosive devices on station 
platforms, through the use of foreign object detection 
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 sec-
tion, the Assistant Secretary shall submit a report to the 
appropriate committees of Congress, including the Com-
mittee on Homeland Security of the House of Representa-
tives, on the results of the demonstration project. 
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)— 
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‘‘(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 para-
graph for fiscal years 2010 and 2011.’’; 
(2) in subsection (d)— 
(A) in paragraph (3), by striking ‘‘and’’; 
(B) in paragraph (4), by striking the period 
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.’’; 
(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): 
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‘‘(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 report 
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 detec-
tion 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.’’. 
TITLE IV—TRANSPORTATION 
SECURITY CREDENTIALING 
Subtitle A—Security Credentialing 
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 
Committee on Homeland Security of the House of Rep-
resentatives a report that contains— 
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(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 facility 
security plan approved by the Secretary; and 
(3) the individual is engaged in the operation of 
a live animal-propelled vessel. 
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SEC. 403. REQUIREMENTS FOR ISSUANCE OF TRANSPOR-
TATION SECURITY CARDS; ACCESS PENDING 
ISSUANCE. 
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 ac-
cordance with subsection (a)(1)(B) by another individual 
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 letter, 
within 30 days after receipt of the initial application. The 
Secretary shall, to the greatest extent practicable, review ap-
peal and waiver requests submitted by a transportation se-
curity card applicant, and send a written decision or re-
quest for additional information required for the appeal or 
waiver determination, within 30 days after receipt of the 
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applicant’s appeal or waiver written request. For an appli-
cant that is required to submit additional information for 
an appeal or waiver determination, the Secretary shall send 
a written decision, to the greatest extent practicable, within 
30 days after receipt of all requested information. 
‘‘(p) RECEIPT OF CARDS.—Within 180 days after the 
date of enactment of the Transportation Security Adminis-
tration 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 establish 
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 en-
gages in fingerprinting the public for transportation secu-
rity or other security purposes.’’. 
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 paragraph: 
‘‘(6) The Secretary may extend for up to one year the 
expiration of a biometric transportation security card re-
quired by this section to align the expiration with the expi-
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ration of a license, certificate of registry, or merchant mar-
iner document required under chapter 71 or 73.’’. 
SEC. 405. SECURING AVIATION FROM EXTREME TERRORIST 
THREATS. 
Section 44903(j)(2)(C) of title 49, United States Code, 
as amended by section 213 of this Act, is further amended 
by adding at the end the following: 
‘‘(vi) INCLUSION OF DETAINEES ON NO 
FLY LIST.—The Assistant Secretary, in co-
ordination with the Terrorist Screening 
Center, shall include on the no fly list any 
individual who was a detainee housed at 
the Naval Station, Guantanamo Bay, Cuba, 
on or after January 1, 2009, after a final 
disposition has been issued by the President. 
For purposes of this clause, the term ‘de-
tainee’ means an individual in the custody 
or under the physical control of the United 
States as a result of armed conflict.’’. 
Subtitle B—SAFE Truckers Act of 
2009 
SEC. 431. SHORT TITLE. 
This subtitle may be cited as the ‘‘Screening Applied 
Fairly and Equitably to Truckers Act of 2009’’ or the 
‘‘SAFE Truckers Act of 2009’’. 
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SEC. 432. SURFACE TRANSPORTATION SECURITY. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following: 
‘‘TITLE XXI—SURFACE 
TRANSPORTATION SECURITY 
‘‘SEC. 2101. TRANSPORTATION OF SECURITY SENSITIVE MA-
TERIALS. 
‘‘(a) SECURITY SENSITIVE MATERIALS.—Not later 
than 120 days after the date of enactment of this section, 
the Secretary shall issue final regulations, after notice and 
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, 
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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 
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 Sec-
retary shall develop guidelines and procedures to permit an 
individual to receive a transportation security card under 
section 70105 of title 46, United States Code, at the individ-
ual’s place of residence and to activate the card at any en-
rollment center. 
‘‘(c) NUMBER OF LOCATIONS.—The Secretary shall de-
velop and implement a plan— 
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‘‘(1) to offer individuals applying for a transpor-
tation 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 en-
tities (and labor organizations representing employees 
of such owners, operators, and entities), to keep the 
stakeholders informed of the timeframe and locations 
for the opening of additional fingerprinting locations. 
‘‘(d) AUTHORIZATION.—There are authorized to be ap-
propriated 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 en-
sure 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 
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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 secu-
rity sensitive material in commerce in the United States 
until the operator has been subjected to, and not disqualified 
as a result of, a security background records check by a Fed-
eral agency that the Secretary determines is similar to the 
security background records check required 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 secu-
rity 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. 
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‘‘SEC. 2107. REDUNDANT BACKGROUND CHECKS. 
‘‘(a) IN GENERAL.—After the date of enactment of this 
title, the Secretary shall prohibit a State or political sub-
division thereof from requiring a separate security back-
ground check of an individual seeking to transport haz-
ardous 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 dem-
onstrates a compelling homeland security reason that a sep-
arate security background check is necessary to ensure 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 Secretary 
shall treat an individual who has obtained a hazardous ma-
terials endorsement in accordance with section 1572 of title 
49, Code of Federal Regulations, before the date of enact-
ment of this title, as having met the background check re-
quirements of a transportation security card under section 
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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 associated 
with obtaining a transportation security card under section 
70105 of title 46, United Sates Code, for any individual 
referred to in subsection (a). 
‘‘SEC. 2109. SAVINGS CLAUSE. 
‘‘Nothing in this title shall be construed as affecting 
the authority of the Secretary of Transportation to regulate 
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 be-
tween 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. 
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‘‘(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 se-
curity sensitive material for transportation in 
commerce or transporting security sensitive ma-
terial to further a commercial enterprise; but 
‘‘(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 Rec-
ommendations 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 inci-
dental to such movement.’’. 
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SEC. 433. CONFORMING AMENDMENT. 
The table of contents contained in section 1(b) of the 
Homeland Security Act of 2002 (116 Stat. 2135) is amend-
ed 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.’’. 
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 prohi-
bitions contained in sections 2101 and 2106 of the Home-
land Security Act of 2002 (as added by this subtitle) shall 
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take effect on the date that is 3 years after the date of enact-
ment 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 indi-
viduals from transportation-related employment under cur-
rent regulations of the Transportation Security Adminis-
tration and assess whether such lists of crimes are accurate 
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 determined 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. 
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Union Calendar No. 63 
111TH CONGRESS 
1ST SESSION 
H. R. 2200 
[Report No. 111–123] 
A BILL 
To authorize the Transportation Security Adminis-
tration’s programs relating to the provision of 
transportation security, and for other purposes. 
MAY 19, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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