IIB 
111TH CONGRESS 
1ST SESSION H. R. 2200 
IN THE SENATE OF THE UNITED STATES 
JUNE 8, 2009 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To authorize the Transportation Security Administration’s 
programs relating to the provision of transportation secu-
rity, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Transportation Security Administration Authorization 
Act’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Authorities vested in Assistant Secretary. 
TITLE I—AUTHORIZATION OF APPROPRIATIONS 
Sec. 101. Authorization of appropriations. 
Sec. 102. Risk-based system for allocation of resources. 
TITLE II—AVIATION SECURITY 
Subtitle A—Amendments to Chapter 449 
Sec. 201. Screening air cargo and checked baggage. 
Sec. 202. Prohibition of advance notice of covert testing to security screeners. 
Sec. 203. Secure verification system for law enforcement officers. 
Sec. 204. Ombudsman for Federal Air Marshal Service. 
Sec. 205. Federal flight deck officer program enhancements. 
Sec. 206. Repair stations. 
Sec. 207. Assistant Secretary defined. 
Sec. 208. TSA and homeland security information sharing. 
Sec. 209. Aviation security stakeholder participation. 
Sec. 210. General aviation security. 
Sec. 211. Security and self-defense training. 
Sec. 212. Security screening of individuals with metal implants traveling in air 
transportation. 
Sec. 213. Prohibition on outsourcing. 
Sec. 214. Known air traveler credential. 
Sec. 215. Limitations on use of whole-body imaging technology for aircraft pas-
senger screening. 
Subtitle B—Other Matters 
Sec. 221. Security risk assessment of airport perimeter access controls. 
Sec. 222. Advanced passenger prescreening system. 
Sec. 223. Biometric identifier airport access enhancement demonstration pro-
gram. 
Sec. 224. Transportation security training programs. 
Sec. 225. Deployment of technology approved by science and technology direc-
torate. 
Sec. 226. In-line baggage screening study. 
Sec. 227. In-line checked baggage screening systems. 
Sec. 228. IG report on certain policies for Federal air marshals. 
Sec. 229. Explosives detection canine teams minimum for aviation security. 
Sec. 230. Assessments and GAO Report of inbound air cargo screening. 
Sec. 231. Status of efforts to promote air cargo shipper certification. 
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Sec. 232. Full and open competition in security background screening service. 
Sec. 233. Trusted passenger/Registered Traveler program. 
Sec. 234. Report on cabin crew communication. 
Sec. 235. Air cargo crew training. 
Sec. 236. Reimbursement for airports that have incurred eligible costs. 
Sec. 237. Report on whole body imaging technology. 
Sec. 238. Protective equipment. 
Sec. 239. Security screening for members of the Armed Forces. 
Sec. 240. Report on complaints and claims for loss of property from passenger 
baggage. 
Sec. 241. Report on certain security plan. 
Sec. 242. Study on combination of facial and iris recognition. 
Sec. 243. Issuance of regulations and security directives using emergency proce-
dures. 
TITLE III—SURFACE TRANSPORTATION SECURITY 
Sec. 301. Assistant Secretary defined. 
Sec. 302. Surface transportation security inspection program. 
Sec. 303. Visible intermodal prevention and response teams. 
Sec. 304. Surface Transportation Security stakeholder participation. 
Sec. 305. Human capital plan for surface transportation security personnel. 
Sec. 306. Surface transportation security training. 
Sec. 307. Improvement of public transportation security assistance. 
Sec. 308. International lessons learned for securing passenger rail and public 
transportation systems. 
Sec. 309. Underwater tunnel security demonstration project. 
Sec. 310. Passenger rail security demonstration project. 
Sec. 311. Explosives detection canine teams. 
Sec. 312. Deputy Assistant Secretary for surface transportation security. 
Sec. 313. Public hearings on security assistance grant program and the restric-
tion of security improvement priorities. 
TITLE IV—TRANSPORTATION SECURITY ENHANCEMENTS 
Subtitle A—Security Enhancements 
Sec. 401. Report and recommendation for uniform security background checks. 
Sec. 402. Animal-propelled vessels. 
Sec. 403. Requirements for issuance of transportation security cards; access 
pending issuance; redundant background checks. 
Sec. 404. Harmonizing security card expirations. 
Sec. 405. Securing aviation from extreme terrorist threats. 
Sec. 406. Pipeline security study. 
Sec. 407. Transportation security administration centralized training facility. 
Subtitle B—SAFE Truckers Act of 2009 
Sec. 431. Short title. 
Sec. 432. Surface transportation security. 
Sec. 433. Conforming amendment. 
Sec. 434. Limitation on issuance of hazmat licenses. 
Sec. 435. Deadlines and effective dates. 
Sec. 436. Task force on disqualifying crimes. 
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SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means Assistant Secretary of Home-
land Security (Transportation Security Administra-
tion). 
(2) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Transportation Security Adminis-
tration. 
(3) 
AVIATION
SECURITY
ADVISORY
COM-
MITTEE.—The term ‘‘Aviation Security Advisory 
Committee’’ means the advisory committee estab-
lished by section 44946 of title 49, United States 
Code, as added by this Act. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 3. AUTHORITIES VESTED IN ASSISTANT SECRETARY. 
Any authority vested in the Assistant Secretary under 
this Act shall be carried out under the direction and con-
trol of the Secretary. 
TITLE I—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary 
$7,604,561,000 
for 
fiscal 
year 
2010 
and 
$8,060,835,000 for fiscal year 2011 for the necessary ex-
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penses of the Transportation Security Administration for 
such fiscal years. 
SEC. 102. RISK-BASED SYSTEM FOR ALLOCATION OF RE-
SOURCES. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Assistant Secretary shall 
submit to the appropriate congressional committees, in-
cluding the Committee on Homeland Security of the 
House of Representatives, a report on the status of its 
implementation of recommendations from the Comptroller 
General with respect to the use by the Transportation Se-
curity Administration of a risk-based system for allocating 
security resources effectively. 
(b) ASSESSMENTS.—The report shall include assess-
ments of the Transportation Security Administration’s 
progress in— 
(1) adopting security goals that define specific 
outcomes, conditions, end points, and performance 
targets; 
(2) conducting comprehensive risk assessments 
for the transportation sector that meet the criteria 
established under Homeland Security Presidential 
Directive-7 in effect as of January 1, 2009, and 
combine individual assessments of threat, vulner-
ability, and consequence; 
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(8) establishing internal controls, including— 
(A) a focal point and clearly defined roles 
and responsibilities for ensuring that the Ad-
ministration’s risk management framework is 
implemented; 
(B) policies, procedures, and guidance that 
require the implementation of the Administra-
tion’s framework and completion of related 
work activities; and 
(C) a system to monitor and improve how 
effectively the framework is being implemented. 
(c) ASSESSMENT AND PRIORITIZATION OF RISKS.— 
(1) IN GENERAL.—Consistent with the risk and 
threat 
assessments 
required 
under 
sections 
114(s)(3)(B) and 44904(c) of title 49, United States 
Code, the report shall include— 
(A) a summary that ranks the risks within 
and across transportation modes, including vul-
nerability of a cyber attack; and 
(B) a description of the risk-based prior-
ities for securing the transportation sector, both 
within and across modes, in the order that the 
priorities should be addressed. 
(2) METHODS.—The report also shall— 
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(A) describe the underlying methodologies 
used to assess risks across and within each 
transportation mode and the basis for any as-
sumptions regarding threats, vulnerabilities, 
and consequences made in assessing and 
prioritizing risks within and across such modes; 
and 
(B) include the Assistant Secretary’s work-
ing definition of the terms ‘‘risk-based’’ and 
‘‘risk-informed’’. 
(d) FORMAT.—The report shall be submitted in clas-
sified or unclassified formats, as appropriate. 
TITLE II—AVIATION SECURITY 
Subtitle A—Amendments to 
Chapter 449 
SEC. 201. SCREENING AIR CARGO AND CHECKED BAGGAGE. 
(a) INBOUND AIR CARGO
ON PASSENGER AIR-
CRAFT.—Section 44901(g) of title 49, United States Code, 
is amended— 
(1) by redesignating paragraphs (3), (4), and 
(5) as paragraphs (4), (5), and (6), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) INBOUND AIR CARGO ON PASSENGER AIR-
CRAFT.—Not later than 2 years after the date of en-
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actment of the Transportation Security Administra-
tion Authorization Act, the Assistant Secretary shall 
establish a system to verify that all cargo trans-
ported on passenger aircraft operated by an air car-
rier or foreign air carrier inbound to the United 
States be screened for explosives. The system shall 
include a risk assessment for inbound air cargo on 
passenger and all air cargo airplanes, and the As-
sistant Secretary shall use this assessment to ad-
dress vulnerabilities in cargo screening. The Assist-
ant Secretary shall identify redundancies in inbound 
cargo inspection on passenger aircraft by agencies 
and address these to ensure that all cargo is 
screened without subjecting carriers to multiple in-
spections by different agencies.’’. 
(b) MANDATORY SCREENING WHERE EDS IS NOT 
YET AVAILABLE.—Section 44901(e)(1) of title 49, United 
States Code, is amended to read as follows: 
‘‘(1) A bag match program, ensuring that no 
checked baggage is placed aboard an aircraft unless 
the passenger who checked the baggage is aboard 
the aircraft, is not authorized as an alternate meth-
od of baggage screening where explosive detection 
equipment is available unless there are exigent cir-
cumstances as determined by the Assistant Sec-
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retary. The Assistant Secretary shall report to the 
Committee on Homeland Security of the House of 
Representatives within 90 days of the determination 
that bag match must be used as an alternate method 
of baggage screening.’’. 
SEC. 202. PROHIBITION OF ADVANCE NOTICE OF COVERT 
TESTING TO SECURITY SCREENERS. 
(a) COVERT TESTING.—Section 44935 of title 49, 
United States Code, is amended— 
(1) by redesignating the second subsection (i) 
(as redesignated by section 111(a)(1) of Public Law 
107–71 (115 Stat. 616), relating to accessibility of 
computer-based training facilities) as subsection (k); 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(l) PROHIBITION OF ADVANCE NOTICE TO SECU-
RITY SCREENERS OF COVERT TESTING AND EVALUA-
TION.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall ensure that information concerning a covert 
test of a transportation security system to be con-
ducted by a covert testing office, the Inspector Gen-
eral of the Department of Homeland Security, or the 
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Government Accountability Office is not provided to 
any individual prior to the completion of the test. 
‘‘(2) 
EXCEPTIONS.—Notwithstanding 
para-
graph (1)— 
‘‘(A) an authorized individual involved in a 
covert test of a transportation security system 
may provide information concerning the covert 
test to— 
‘‘(i) employees, officers, and contrac-
tors of the Federal Government (including 
military personnel); 
‘‘(ii) employees and officers of State 
and local governments; and 
‘‘(iii) law enforcement officials who 
are authorized to receive or directed to be 
provided such information by the Assistant 
Secretary, the Inspector General of the De-
partment of Homeland Security, or the 
Comptroller General, as the case may be; 
and 
‘‘(B) for the purpose of ensuring the secu-
rity of any individual in the vicinity of a site 
where a covert test of a transportation security 
system is being conducted, an individual con-
ducting the test may disclose his or her status 
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as an individual conducting the test to any ap-
propriate individual if a security screener or 
other individual who is not a covered employee 
identifies the individual conducting the test as 
a potential threat. 
‘‘(3) SPECIAL RULES FOR TSA.— 
‘‘(A) MONITORING
AND
SECURITY
OF 
TESTING PERSONNEL.—The head of each covert 
testing office shall ensure that a person or 
group of persons conducting a covert test of a 
transportation security system for the covert 
testing office is accompanied at the site of the 
test by a cover team composed of one or more 
employees of the covert testing office for the 
purpose of monitoring the test and confirming 
the identity of personnel involved in the test 
under subparagraph (B). 
‘‘(B) RESPONSIBILITY OF COVER TEAM.— 
Under this paragraph, a cover team for a covert 
test of a transportation security system shall— 
‘‘(i) monitor the test; and 
‘‘(ii) for the purpose of ensuring the 
security of any individual in the vicinity of 
a site where the test is being conducted, 
confirm, notwithstanding paragraph (1), 
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the identity of any individual conducting 
the test to any appropriate individual if a 
security screener or other individual who is 
not a covered employee identifies the indi-
vidual conducting the test as a potential 
threat. 
‘‘(C) 
AVIATION
SCREENING.—Notwith-
standing subparagraph (A), the Transportation 
Security Administration is not required to have 
a cover team present during a test of the 
screening of persons, carry-on items, or checked 
baggage at an aviation security checkpoint at or 
serving an airport if the test— 
‘‘(i) is approved, in coordination with 
the designated security official for the air-
port operator by the Federal Security Di-
rector for such airport; and 
‘‘(ii) is carried out under an aviation 
screening assessment program of the De-
partment of Homeland Security. 
‘‘(D) USE
OF
OTHER
PERSONNEL.—The 
Transportation Security Administration may 
use employees, officers, and contractors of the 
Federal Government (including military per-
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sonnel) and employees and officers of State and 
local governments to conduct covert tests. 
‘‘(4) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) 
APPROPRIATE
INDIVIDUAL.—The 
term ‘appropriate individual’, as used with re-
spect to a covert test of a transportation secu-
rity system, means any individual that— 
‘‘(i) the individual conducting the test 
determines needs to know his or her status 
as an individual conducting a test under 
paragraph (2)(B); or 
‘‘(ii) the cover team monitoring the 
test under paragraph (3)(B)(i) determines 
needs to know the identity of an individual 
conducting the test. 
‘‘(B) COVERED
EMPLOYEE.—The term 
‘covered employee’ means any individual who 
receives notice of a covert test before the com-
pletion of a test under paragraph (2)(A). 
‘‘(C) COVERT TEST.— 
‘‘(i) IN GENERAL.—The term ‘covert 
test’ means an exercise or activity con-
ducted by a covert testing office, the In-
spector General of the Department of 
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Homeland Security, or the Government Ac-
countability Office to intentionally test, 
compromise, or circumvent transportation 
security systems to identify vulnerabilities 
in such systems. 
‘‘(ii) 
LIMITATION.—Notwithstanding 
clause (i), the term ‘covert test’ does not 
mean an exercise or activity by an em-
ployee or contractor of the Transportation 
Security Administration to test or assess 
compliance with relevant regulations. 
‘‘(D) COVERT TESTING OFFICE.—The term 
‘covert testing office’ means any office of the 
Transportation Security Administration des-
ignated by the Assistant Secretary to conduct 
covert tests of transportation security systems. 
‘‘(E) EMPLOYEE OF A COVERT TESTING 
OFFICE.—The term ‘employee of a covert test-
ing office’ means an individual who is an em-
ployee of a covert testing office or a contractor 
or an employee of a contractor of a covert test-
ing office.’’. 
(b) UNIFORMS.—Section 44935(j) of such title is 
amended— 
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(1) by striking ‘‘The Under Secretary’’ and in-
serting the following: 
‘‘(1) UNIFORM REQUIREMENT.—The Assistant 
Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) ALLOWANCE.—The Assistant Secretary 
may grant a uniform allowance of not less than 
$300 to any individual who screens passengers and 
property pursuant to section 44901.’’. 
SEC. 203. SECURE VERIFICATION SYSTEM FOR LAW EN-
FORCEMENT OFFICERS. 
Section 44917 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(e) SECURE VERIFICATION SYSTEM FOR LAW EN-
FORCEMENT OFFICERS.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall develop a plan for a system to securely verify 
the identity and status of law enforcement officers 
flying while armed. The Assistant Secretary shall en-
sure that the system developed includes a biometric 
component. 
‘‘(2) DEMONSTRATION.—The Assistant Sec-
retary shall conduct a demonstration program to 
test the secure verification system described in para-
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graph (1) before issuing regulations for deployment 
of the system. 
‘‘(3) CONSULTATION.—The Assistant Secretary 
shall consult with the Aviation Security Advisory 
Committee, established under section 44946 of title 
49, United States Code, when developing the system 
and evaluating the demonstration program. 
‘‘(4) REPORT.—The Assistant Secretary shall 
submit a report to the Committee on Homeland Se-
curity of the House of Representatives, evaluating 
the demonstration program of the secure verification 
system required by this section. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
From the amounts authorized under section 101 of 
the Transportation Security Administration Author-
ization Act, there is authorized to be appropriated to 
carry out this subsection $10,000,000, to remain 
available until expended.’’. 
SEC. 204. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERV-
ICE. 
Section 44917 of title 49, United States Code, as 
amended by section 203 of this Act, is further amended 
by adding at the end the following: 
‘‘(f) OMBUDSMAN.— 
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‘‘(1) ESTABLISHMENT.—The Assistant Sec-
retary shall establish in the Federal Air Marshal 
Service an Office of the Ombudsman. 
‘‘(2) APPOINTMENT.—The head of the Office 
shall be the Ombudsman, who shall be appointed by 
the Assistant Secretary. 
‘‘(3) DUTIES.—The Ombudsman shall carry out 
programs and activities to improve morale, training, 
and quality of life issues in the Service, including 
through implementation of the recommendations of 
the Inspector General of the Department of Home-
land Security and the Comptroller General.’’. 
SEC. 205. FEDERAL FLIGHT DECK OFFICER PROGRAM EN-
HANCEMENTS. 
(a) ESTABLISHMENT.—Section 44921(a) of title 49, 
United States Code, is amended by striking the following: 
‘‘The Under Secretary of Transportation for Security’’ 
and inserting ‘‘The Secretary of Homeland Security, act-
ing through the Assistant Secretary of Transportation Se-
curity’’. 
(b) ADMINISTRATORS.—Section 44921(b) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘Under’’ in paragraphs (1), (2), 
(4), (6), and (7); and 
(2) by adding at the end the following: 
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‘‘(1) IN GENERAL.—The Assistant Secretary of 
Homeland Security (Transportation Security Admin-
istration) shall ensure that whole-body imaging tech-
nology is used for the screening of passengers under 
this section only in accordance with this subsection. 
‘‘(2) PROHIBITION
ON
USE
FOR
ROUTINE 
SCREENING.—Whole-body imaging technology may 
not be used as the sole or primary method of screen-
ing a passenger under this section. Whole-body im-
aging technology may not be used to screen a pas-
senger under this section unless another method of 
screening, such as metal detection, demonstrates 
cause for preventing such passenger from boarding 
an aircraft. 
‘‘(3) PROVISION
OF
INFORMATION.—A pas-
senger for whom screening by whole-body imaging 
technology is permissible under paragraph (2) shall 
be provided information on the operation of such 
technology, on the image generated by such tech-
nology, on privacy policies relating to such tech-
nology, and on the right to request a pat-down 
search under paragraph (4) prior to the utilization 
of such technology with respect to such passenger. 
‘‘(4) PAT-DOWN SEARCH OPTION.—A passenger 
for whom screening by whole-body imaging tech-
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