[House Report 114-396]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-396
======================================================================
TRANSPORTATION SECURITY ADMINISTRATION REFORM AND IMPROVEMENT ACT OF
2015
_______
January 12, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 3584]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3584) to authorize, streamline, and identify
efficiencies within the Transportation Security Administration,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 13
Background and Need for Legislation.............................. 13
Hearings......................................................... 14
Committee Consideration.......................................... 15
Committee Votes.................................................. 16
Committee Oversight Findings..................................... 16
New Budget Authority, Entitlement Authority, and Tax Expenditures 16
Congressional Budget Office Estimate............................. 16
Statement of General Performance Goals and Objectives............ 19
Duplicative Federal Programs..................................... 20
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 21
Federal Mandates Statement....................................... 21
Preemption Clarification......................................... 21
Disclosure of Directed Rule Makings.............................. 21
Advisory Committee Statement..................................... 21
Applicability to Legislative Branch.............................. 21
Section-by-Section Analysis of the Legislation................... 21
Changes in Existing Law Made by the Bill, as Reported............ 26
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transportation
Security Administration Reform and Improvement Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; Table of contents.
Sec. 2. Definitions.
TITLE I--AVIATION SECURITY
Sec. 101. TSA PreCheck.
Sec. 102. PreCheck and general passenger biometric identification.
Sec. 103. Limitation; PreCheck operations maintained; Alternate methods.
Sec. 104. Secure Flight program.
Sec. 105. Efficiency review by TSA.
Sec. 106. Donation of screening equipment to protect the United States.
Sec. 107. Review of sustained security directives.
Sec. 108. Maintenance of security-related technology.
Sec. 109. Vetting of aviation workers.
Sec. 110. Aviation Security Advisory Committee consultation.
Sec. 111. Private contractor canine evaluation and integration pilot
program.
Sec. 112. Covert testing at airports.
Sec. 113. Training for transportation security officers.
TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS
Sec. 201. Surface Transportation Inspectors.
Sec. 202. Inspector General audit; TSA Office of Inspection workforce
certification.
Sec. 203. Repeal of biennial reporting requirement for the Government
Accountability Office relating to the Transportation Security
Information Sharing Plan.
Sec. 204. Security training for frontline transportation workers.
Sec. 205. Feasibility assessment.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration; tsa.--The terms ``Administration'' and
``TSA'' mean the Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) Department.--The term ``Department'' means the Department
of Homeland Security.
(5) Secure flight.--The term ``Secure Flight'' means the
Administration's watchlist matching program.
TITLE I--AVIATION SECURITY
SEC. 101. TSA PRECHECK.
(a) TSA PreCheck.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall--
(1) ensure that all screening of passengers and their
accessible property shall be conducted in a risk-based,
intelligence-driven manner with consideration given to the
privacy and civil liberties of such passengers; and
(2) operate a trusted passenger screening program known as
``TSA PreCheck'' that provides expedited screening for low-risk
passengers and their accessible property based on a
comprehensive and continuous analysis of factors specified in
subsection (b).
(b) Factors.--Factors referred to in subsection (a)(2) shall include
the following:
(1) Whether passengers described in such subsection are
members of other trusted traveler programs of the Department.
(2) Whether such passengers are traveling pursuant to
subsection (m) of section 44903 of title 49, United States Code
(as established under the Risk-Based Security for Members of
the Armed Forces Act (Public Law 112-86)), section 44927 of
such title (as established under the Helping Heroes Fly Act
(Public Law 113-27)), or section 44928 of such title (as
established under the Honor Flight Act (Public Law 113-221)).
(3) Whether such passengers possess an active security
clearance or other credential issued by the Federal Government
for which TSA has conducted a written threat assessment and
determined that such passengers present a low risk to
transportation or national security.
(4) Whether such passengers are members of a population for
whom TSA has conducted a written security threat assessment,
determined that such population poses a low risk to
transportation or national security, and has issued such
passengers a known traveler number.
(5) The ability of the Administration to verify such
passengers' identity and whether such passengers pose a risk to
aviation security.
(6) Threats to transportation or national security as
identified by the intelligence community and law enforcement
community.
(c) Enrollment Expansion.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall publish PreCheck
application enrollment standards to add multiple private sector
application capabilities for the TSA PreCheck program to
increase the public's enrollment access to such program,
including standards that allow the use of secure technologies,
including online enrollment, kiosks, tablets, or staffed
computer stations at which individuals can apply for entry into
such program.
(2) Requirements.--Upon publication of the PreCheck program
application enrollment standards pursuant to paragraph (1), the
Administrator shall--
(A) coordinate with interested parties to deploy TSA-
approved ready-to-market private sector solutions that
meet the TSA PreCheck application enrollment standards
described in paragraph (1), make available additional
PreCheck enrollment capabilities, and offer secure
online and mobile enrollment opportunities;
(B) partner with the private sector to collect
biographic and biometric identification information via
kiosks, mobile devices, or other mobile enrollment
platforms to reduce the number of instances in which
passengers need to travel to enrollment centers;
(C) ensure that the kiosks, mobile devices, or other
mobile enrollment platforms referred to in subparagraph
(E) are secure and not vulnerable to data breaches;
(D) ensure that any biometric and biographic
information is collected in a manner which is
comparable with the National Institute of Standards and
Technology standards and ensures privacy and data
security protections, including that applicants'
personally identifiable information is collected,
retained, used, and shared in a manner consistent with
section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974''), and agency
regulations;
(E) ensure that an individual who wants to enroll in
the PreCheck program and has started an application
with a single identification verification at one
location will be able to save such individual's
application on any kiosk, personal computer, mobile
device, or other mobile enrollment platform and be able
to return within a reasonable time to submit a second
identification verification; and
(F) ensure that any enrollment expansion using a
private sector risk assessment instead of a
fingerprint-based criminal history records check is
determined, by the Secretary of Homeland Security, to
be equivalent to a fingerprint-based criminal history
records check conducted through the Federal Bureau of
Investigation.
(3) Marketing of precheck program.--Upon publication of
PreCheck program application enrollment standards pursuant to
paragraph (1), the Administrator shall--
(A) in accordance with such standards, develop and
implement--
(i) a process, including an associated
timeframe, for approving private sector
marketing of the TSA PreCheck program; and
(ii) a strategy for partnering with the
private sector to encourage enrollment in such
program; and
(B) submit to Congress a report on any PreCheck fees
collected in excess of the costs of administering such
program, including recommendations for using such
amounts to support marketing of such program under this
subsection.
(4) Identity verification enhancement.--Not later than 90
days after the date of the enactment of this Act, the
Administrator shall--
(A) coordinate with the heads of appropriate
components of the Department to leverage Department-
held data and technologies to verify the citizenship of
individuals enrolling in the TSA PreCheck program; and
(B) partner with the private sector to use advanced
biometrics and standards comparable with National
Institute of Standards and Technology standards to
facilitate enrollment in such program.
(5) Precheck lane operation.--The Administrator shall--
(A) ensure that TSA PreCheck screening lanes are open
and available during peak and high-volume travel times
at airports to individuals enrolled in the PreCheck
program; and
(B) make every practicable effort to provide
expedited screening at standard screening lanes during
times when PreCheck screening lanes are closed to
individuals enrolled in such program in order to
maintain operational efficiency.
(6) Vetting for precheck participants.--Not later than 90
days after the date of the enactment of this Act, the
Administrator shall initiate an assessment of the security
vulnerabilities in the vetting process for the PreCheck program
that includes an evaluation of whether subjecting PreCheck
participants to recurrent fingerprint-based criminal history
records checks, in addition to recurrent checks against the
terrorist watchlist, could be done in a cost-effective manner
to strengthen the security of the PreCheck program.
SEC. 102. PRECHECK AND GENERAL PASSENGER BIOMETRIC IDENTIFICATION.
(a) In General.--Not later than one year after the date of enactment
of this Act, the Administrator shall conduct a pilot project to
establish a secure, automated, biometric-based system at airports to
verify the identity of passengers who are members of TSA PreCheck. Such
system shall--
(1) reduce the need for security screening personnel to
perform travel document verification for individuals enrolled
in TSA PreCheck;
(2) reduce the average wait time of individuals enrolled in
TSA PreCheck;
(3) reduce overall operating expenses of the Administration;
(4) be integrated with the Administration's watch list and
trusted traveler matching program;
(5) be integrated with other checkpoint technologies to
further facilitate risk-based passenger screening at the
checkpoint, to the extent practicable and consistent with
security standards; and
(6) consider capabilities and policies of U.S. Customs and
Border Protection's Global Entry Program, as appropriate.
(b) Establishment of Screening System for Certain Passengers.--
Section 44901 of title 49, United States Code is amended--
(1) by redesignating subsections (c) through (l) as
subsections (d) through (m), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Establishment of Screening System for Certain Passengers.--Not
later than December 31, 2017, in accordance with the requirements of
the Transportation Security Administration Reform and Improvement Act
of 2015, the Administrator of the Transportation Security
Administration shall establish a secure, automated system at all large
hub airports for verifying travel and identity documents of passengers
who are not members of the Administration's risk-based aviation
passenger screening program, known as `TSA PreCheck'. Such system
shall--
``(1) assess the need for security screening personnel to
perform travel document verification for such passengers,
thereby assessing the overall number of such screening
personnel;
``(2) assess the average wait time of such passengers;
``(3) assess overall operating expenses of the
Administration;
``(4) be integrated with the Administration's watch list
matching program; and
``(5) be integrated with other checkpoint technologies to
further facilitate risk-based passenger screening at the
checkpoint, to the extent practicable and consistent with
security standards.''.
SEC. 103. LIMITATION; PRECHECK OPERATIONS MAINTAINED; ALTERNATE
METHODS.
(a) In General.--Except as provided in subsection (c), the
Administrator shall direct that access to expedited airport security
screening at an airport security checkpoint be limited to only the
following:
(1) A passenger who voluntarily submits biographic and
biometric information for a security risk assessment and whose
application for the PreCheck program has been approved, or a
passenger who is a participant in another trusted or registered
traveler program of the Department.
(2) A passenger traveling pursuant to section 44903 of title
49, United States Code (as established under the Risk-Based
Security for Members of the Armed Forces Act (Public Law 112-
86)), section 44927 of such title (as established under the
Helping Heroes Fly Act (Public Law 113-27)), or section 44928
of such title (as established under the Honor Flight Act
(Public Law 113-221)).
(3) A passenger who did not voluntarily submit biographic and
biometric information for a security risk assessment but is a
member of a population designated by the Administrator as known
and low-risk and who may be issued a unique, known traveler
number by the Administrator determining that such passenger is
a member of a category of travelers designated by the
Administrator as known and low-risk.
(b) PreCheck Operations Maintained.--In carrying out subsection (a),
the Administrator shall ensure that expedited airport security
screening remains available to passengers at or above the level that
exists on the day before the date of the enactment of this Act.
(c) Frequent Fliers.--If the Administrator determines that such is
appropriate, the implementation of subsection (a) may be delayed by up
to one year with respect to the population of passengers who did not
voluntarily submit biographic and biometric information for security
risk assessments but who nevertheless receive expedited airport
security screening because such passengers are designated as frequent
fliers by air carriers. If the Administrator uses the authority
provided by this subsection, the Administrator shall notify the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate of
such phased-in implementation.
(d) Alternate Methods.--The Administrator may provide access to
expedited airport security screening to additional passengers pursuant
to an alternate method upon the submission to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of an independent assessment
of the security effectiveness of such alternate method that is
conducted by an independent entity that determines that such alternate
method is designed to--
(1) reliably and effectively identify passengers who likely
pose a low risk to the United States aviation system;
(2) mitigate the likelihood that a passenger who may pose a
security threat to the United States aviation system is
selected for expedited security screening; and
(3) address known and evolving security risks to the United
States aviation system.
(e) Information Sharing.--The Administrator shall provide to the
entity conducting the independent assessment under subsection (d)
effectiveness testing results that are consistent with established
evaluation design practices, as identified by the Comptroller General
of the United States.
(f) Reporting.--Not later than three months after the date of the
enactment of this Act and annually thereafter, the Administrator shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the percentage of all passengers who
are provided expedited security screening, and of such passengers so
provided, the percentage who are participants in the PreCheck program
(who have voluntarily submitted biographic and biometric information
for security risk assessments), the percentage who are participants in
another trusted traveler program of the Department, the percentage who
are participants in the PreCheck program due to the Administrator's
issuance of known traveler numbers, and for the remaining percentage of
passengers granted access to expedited security screening in PreCheck
security lanes, information on the percentages attributable to each
alternative method utilized by the Administration to direct passengers
to expedited airport security screening at PreCheck security lanes.
(g) Rule of Construction.--Nothing in this section may be construed
to--
(1) authorize or direct the Administrator to reduce or limit
the availability of expedited security screening at an airport;
or
(2) limit the authority of the Administrator to use
technologies and systems, including passenger screening canines
and explosives trace detection, as a part of security screening
operations.
SEC. 104. SECURE FLIGHT PROGRAM.
Not later than 90 days after the date of the enactment of this Act,
the Administrator shall--
(1) develop a process for regularly evaluating the root
causes of screening errors at checkpoints across airports so
that corrective measures are able to be identified;
(2) implement such corrective measures to address the root
causes of such screening errors occurring at the checkpoint;
(3) develop additional measures to address key performance
aspects related to the Secure Flight program goals and ensure
that such measures clearly identify activities necessary to
achieve progress towards such goals;
(4) develop a mechanism to systematically document the number
and causes of Secure Flight program matching errors for the
purpose of improving program performance and provide program
managers with timely and reliable information;
(5) provide job-specific privacy refresher training for
Secure Flight program staff to further protect personally
identifiable information in the Secure Flight system program;
and
(6) develop a mechanism to comprehensively document and track
key Secure Flight program privacy issues and decisions to
ensure the Secure Flight program has complete information for
effective oversight of its privacy controls.
SEC. 105. EFFICIENCY REVIEW BY TSA.
(a) Review Required.--Not later than 270 days after the date of the
enactment of this Act, the Administrator shall conduct and complete a
comprehensive, agency-wide efficiency review of the Administration to
identify spending reductions and administrative savings through the
streamlining and any necessary restructuring of agency divisions to
make the Administration more efficient. In carrying out the review
under this section, the Administrator shall consider each of the
following:
(1) The elimination of any duplicative or overlapping
programs and initiatives that can be streamlined.
(2) The elimination of any unnecessary or obsolete rules,
regulations, directives, or procedures.
(3) Any other matters the Administrator determines are
appropriate.
(b) Report to Congress.--Not later than 30 days after the completion
of the efficiency review required under subsection (a), the
Administrator shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report that specifies the results and
cost savings expected to be achieved through such efficiency review.
Such report shall also include information relating to how the
Administration may use efficiencies identified through such efficiency
review to provide funding to reimburse airports that incurred eligible
costs for in-line baggage screening systems.
SEC. 106. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED STATES.
(a) In General.--The Administrator is authorized to donate security
screening equipment to a foreign last-point-of-departure airport
operator if such equipment can be reasonably expected to mitigate a
specific vulnerability to the security of the United States or United
States citizens.
(b) Report to Congress.--Not later than 30 days before any donation
of equipment under this section, the Administrator shall provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
detailed written explanation of--
(1) the specific vulnerability to the United States that will
be mitigated with such donation;
(2) an explanation as to why the recipient is unable or
unwilling to purchase equipment to mitigate such threat;
(3) an evacuation plan for sensitive technologies in case of
emergency or instability in the country to which such donation
is being made;
(4) how the Administration will ensure the equipment that is
being donated is used and maintained over the course of its
life by the recipient; and
(5) the total dollar value of such donation.
SEC. 107. REVIEW OF SUSTAINED SECURITY DIRECTIVES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, for any security
directive that has been in effect for longer than one year, the
Administrator shall review the necessity of such directives, from a
risk-based perspective.
(b) Briefing to Congress.--Upon completion of each review pursuant to
subsection (a), the Administrator shall brief the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate on--
(1) any changes being made to existing security directives as
a result of each such review;
(2) the specific threat that is being mitigated by any such
directive that will remain in effect; and
(3) the planned disposition of any such directive.
SEC. 108. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.
(a) In General.--Title XVI of the Homeland Security Act of 2002 (6
U.S.C. 561 et seq.) is amended by adding at the end the following:
``Subtitle C--Maintenance of Security-Related Technology
``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.
``(a) In General.--Not later than 180 days after the date of the
enactment of this subtitle, the Administrator shall develop and
implement a preventive maintenance validation process for security-
related technology deployed to airports.
``(b) Maintenance by Administration Personnel at Airports.--For
maintenance to be carried out by Administration personnel at airports,
the process referred to in subsection (a) shall include the following:
``(1) Guidance to Administration personnel, equipment
maintenance technicians, and other personnel at airports
specifying how to conduct and document preventive maintenance
actions.
``(2) Mechanisms for the Administrator to verify compliance
with the guidance issued pursuant to paragraph (1).
``(c) Maintenance by Contractors at Airports.--For maintenance to be
carried out by a contractor at airports, the process referred to in
subsection (a) shall require the following:
``(1) Provision of monthly preventive maintenance schedules
to appropriate Administration personnel at each airport that
includes information on each action to be completed by a
contractor.
``(2) Notification to appropriate Administration personnel at
each airport when maintenance action is completed by a
contractor.
``(3) A process for independent validation by a third party
of contractor maintenance.
``(d) Penalties for Noncompliance.--The Administrator shall require
maintenance contracts for security-related technology deployed to
airports to include penalties for noncompliance when it is determined
that either preventive or corrective maintenance has not been completed
according to contractual requirements and manufacturers'
specifications.''.
(b) Inspector General Assessment.--Not later than one year after the
date of the enactment of this Act, the Inspector General of the
Department of Homeland Security shall assess implementation of the
requirements under section 1621 of the Homeland Security Act of 2002
(as added by subsection (a) of this section), and provide findings and
recommendations with respect to the provision of training to
Administration personnel, equipment maintenance technicians, and other
personnel under such section 1621 and the availability and utilization
of equipment maintenance technicians employed by the Administration.
(c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1616 the following:
``Subtitle C--Maintenance of Security-Related Technology
``Sec. 1621. Maintenance validation and oversight.''.
SEC. 109. VETTING OF AVIATION WORKERS.
(a) In General.--Subtitle A of title XVI of the Homeland Security Act
of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section 1601
the following new section:
``SEC. 1602. VETTING OF AVIATION WORKERS.
``(a) In General.--By not later than December 31, 2015, the
Administrator, in coordination with the Assistant Secretary for Policy
of the Department, shall request from the Director of National
Intelligence access to additional data from the Terrorist Identities
Datamart Environment (TIDE) data and any or other terrorism-related
information to improve the effectiveness of the Administration's
credential vetting program for individuals with unescorted access to
sensitive areas of airports.
``(b) Security Inspection.--By not later than December 31, 2015, the
Administrator shall issue guidance for Transportation Security
Inspectors to annually review airport badging office procedures for
applicants seeking access to sensitive areas of airports. Such guidance
shall include a comprehensive review of applicants' Criminal History
Records Check (CHRC) and work authorization documentation during the
course of an inspection.
``(c) Information Sharing.--By not later than December 31, 2015, the
Administrator may conduct a pilot program of the Rap Back Service, in
coordination with the Director of the Federal Bureau of Investigation,
to determine the feasibility of full implementation of a service
through which the Administrator would be notified of a change in status
of an individual holding a valid credential granting unescorted access
to sensitive areas of airports across eligible Administration-regulated
populations.
``(d) Procedures.--The pilot program under subsection (c) shall
evaluate whether information can be narrowly tailored to ensure that
the Administrator only receives notification of a change with respect
to a disqualifying offense under the credential vetting program under
subsection (a), as specified in 49 CFR 1542.209, and in a manner that
complies with current regulations for fingerprint-based criminal
history records checks. The pilot program shall be carried out in a
manner so as to ensure that, in the event that notification is made
through the Rap Back Service of a change but a determination of arrest
status or conviction is in question, the matter will be handled in a
manner that is consistent with current regulations. The pilot program
shall also be carried out in a manner that is consistent with current
regulations governing an investigation of arrest status, correction of
Federal Bureau of Investigation records and notification of
disqualification, and corrective action by the individual who is the
subject of an inquiry.
``(e) Determination and Submission.--If the Administrator determines
that full implementation of the Rap Back Service is feasible and can be
carried out in a manner that is consistent with current regulations for
fingerprint-based criminal history checks, including the rights of
individuals seeking credentials, the Administrator shall submit such
determination, in writing, to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate, together with information on the costs
associated with such implementation, including the costs incurred by
the private sector. In preparing this determination, the Administrator
shall consult with the Chief Civil Rights and Civil Liberties Officer
of the Department to ensure that protocols are in place to align the
period of retention of personally identifiable information and
biometric information, including fingerprints, in the Rap Back Service
with the period in which the individual who is the subject of an
inquiry has a valid credential.
``(f) Credential Security.--By not later than September 30, 2015, the
Administrator shall issue guidance to airports mandating that all
federalized airport badging authorities place an expiration date on
airport credentials commensurate with the period of time during which
an individual is lawfully authorized to work in the United States.
``(g) Aviation Worker Lawful Status.--By not later than December 31,
2015, the Administrator shall review the denial of credentials due to
issues associated with determining an applicant's lawful status in
order to identify airports with specific weaknesses and shall
coordinate with such airports to mutually address such weaknesses, as
appropriate.
``(h) Reports to Congress.--Upon completion of the determinations and
reviews required under this section, the Administrator shall brief the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the results of
such determinations and reviews.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1601 the following new item:
``Sec. 1602. Vetting of aviation workers.''.
(c) Status Update on Rap Back Service Pilot Program.--Not later than
60 days after the date of the enactment of this Act, the Administrator
of the Transportation Security Administration shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the status of plans to conduct a pilot program in
coordination with the Federal Bureau of Investigation of the Rap Back
Service in accordance with subsection (c) of section 1602 of the
Homeland Security Act of 2002, as added by subsection (a) of this
section. The report shall include details on the business, technical,
and resource requirements for the Transportation Security
Administration and pilot program participants, and provide a timeline
and goals for the pilot program.
SEC. 110. AVIATION SECURITY ADVISORY COMMITTEE CONSULTATION.
(a) In General.--The Administrator shall consult, to the extent
practicable, with the Aviation Security Advisory Committee (established
pursuant to section 44946 of title 49 of the United States Code)
regarding any modification to the prohibited item list prior to issuing
a determination about any such modification.
(b) Report on the Transportation Security Oversight Board.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Transportation
Security Oversight Board (established pursuant to section 115 of title
49, United States Code), the Committee on Homeland Security of the
House of Representatives, and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes general information
on how often the Board has met, the current composition of the Board,
and what activities the Board has undertaken, consistent with the
duties specified in subsection (c) of such section. The Secretary may
include in such report recommendations for changes to such section in
consideration of the provisions of section 44946 of title 49, United
States Code.
(c) Technical Correction.--Subparagraph (A) of section 44946(c)(2) of
title 49, United States Code, is amended to read as follows:
``(A) Terms.--The term of each member of the Advisory
Committee shall be two years but may continue until
such time as a successor member begins serving on the
Advisory Committee. A member of the Advisory Committee
may be reappointed.''.
(d) Definition.--In this section, the term ``prohibited item list''
means the list of items passengers are prohibited from carrying as
accessible property or on their persons through passenger screening
checkpoints at airports, into sterile areas at airports, and on board
passenger aircraft, pursuant to section 1540.111 of title 49, Code of
Federal Regulations (as in effect on January 1, 2015).
SEC. 111. PRIVATE CONTRACTOR CANINE EVALUATION AND INTEGRATION PILOT
PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall establish a pilot
program to evaluate the use, effectiveness, and integration of
privately-operated explosives detection canine teams using both the
passenger screening canine and traditional explosives detection canine
methods.
(b) Elements.--The pilot program under subsection (a) shall include
the following elements:
(1) A full-time presence in three Category X, two Category I,
and one Category II airports.
(2) A duration of at least twelve months from the time
private contractor teams are operating at full capacity.
(3) A methodology for evaluating how to integrate private
contractor teams into the checkpoint area to detect explosive
devices missed by mechanical or human error at other points in
the screening process.
(4) Covert testing with inert improvised explosive devices
and accurately recreated explosives odor traces to determine
the relative effectiveness of a full-time canine team in
strengthening checkpoint security.
(c) Quarterly Updates.--The Administrator 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
written updates on the procurement, deployment, and evaluation process
related to the implementation of the pilot program under subsection (a)
for every calendar quarter after the date of the enactment of this Act.
(d) Final Report.--Not later than 90 days after the completion of the
pilot program under subsection (a), the Administrator 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 final report on such pilot program.
(e) Funding.--Out of funds made available to the Office of the
Secretary of Homeland Security, $6,000,000 is authorized to be used to
carry out this section.
SEC. 112. COVERT TESTING AT AIRPORTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act and annually thereafter through 2020, the
Administrator shall conduct covert testing on an on-going basis to test
vulnerabilities and identify weaknesses in the measures used to secure
the aviation system of the United States. The Administrator shall, on a
quarterly basis if practicable, provide to the Inspector General of the
Department such testing results, methodology, and data.
(b) Elements.--In carrying out the covert testing required under
subsection (a), the Administrator shall--
(1) consider security screening and procedures conducted by
TSA;
(2) use available threat information and intelligence to
determine the types and sizes of simulated threat items and
threat item-body location configurations for such covert
testing;
(3) use a risk-based approach to determine the location and
number of such covert testing;
(4) conduct such covert testing without notifying personnel
at airports prior to such covert testing; and
(5) identify reasons for failure when TSA personnel or the
screening equipment used do not identify and resolve any threat
item used during such a covert test.
(c) Independent Review.--The Inspector General of the Department
shall conduct covert testing of the aviation system of the United
States in addition to the covert testing conducted by the Administrator
under subsection (a), as appropriate, and analyze TSA covert testing
results, methodology, and data provided pursuant to such subsection to
determine the sufficiency of TSA covert testing protocols. The
Inspector General shall, as appropriate, compare testing results of any
additional covert testing conducted pursuant to this subsection with
the results of TSA covert testing under subsection (a) to determine
systemic weaknesses in the security of the aviation system of the
United States.
(d) Corrective Action.--Not later than 30 days upon completion of any
covert testing under subsection (a), the Administrator shall make
recommendations and implement corrective actions to mitigate
vulnerabilities identified by such covert testing and shall notify the
Inspector General of the Department of such recommendations and
actions. The Inspector General shall review the extent to which such
recommendations and actions are implemented and the degree to which
such recommendations and actions improve the security of the aviation
system of the United States.
(e) Congressional Notification.--
(1) By the administrator.--Not later than 30 days upon
completion of any covert testing under subsection (a), the
Administrator shall brief the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the
results of such covert testing.
(2) By the inspector general of the department.--The
Inspector General shall brief the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate annually on
the requirements specified in this section.
(f) Rule of Construction.--Nothing in this section may be construed
to prohibit the Administrator or the Inspector General of the
Department from conducting covert testing of the aviation system of the
United States with greater frequency than required under this section.
SEC. 113. TRAINING FOR TRANSPORTATION SECURITY OFFICERS.
The Administrator shall, on a periodic basis, brief the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the status of
efforts to enhance initial and recurrent training of Transportation
Security Officers.
TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS
SEC. 201. SURFACE TRANSPORTATION INSPECTORS.
(a) In General.--Section 1304(d) of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (6 U.S.C. 1113; Public Law 110-53)
is amended--
(1) by inserting ``surface'' after ``relevant''; and
(2) by striking ``, as determined appropriate''.
(b) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and Transportation of
the Senate a report on the efficiency and effectiveness of the
Administration's Surface Transportation Security Inspectors Program
under subsection (d) of section 1304 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113;
Public Law 110-53).
(c) Contents.--The report required under subsection (b) shall include
a review of the following:
(1) The roles and responsibilities of surface transportation
security inspectors.
(2) The extent to which the TSA has used a risk-based,
strategic approach to determine the appropriate number of
surface transportation security inspectors and resource
allocation across field offices.
(3) Whether TSA's surface transportation regulations are
risk-based and whether surface transportation security
inspectors have adequate experience and training to perform
their day-to-day responsibilities.
(4) Feedback from regulated surface transportation industry
stakeholders on the benefit of surface transportation security
inspectors to the overall security of the surface
transportation systems of such stakeholders and the consistency
of regulatory enforcement.
(5) Whether surface transportation security inspectors have
appropriate qualifications to help secure and inspect surface
transportation systems.
(6) Whether TSA measures the effectiveness of surface
transportation security inspectors.
(7) Any overlap between the TSA and the Department of
Transportation as such relates to surface transportation
security inspectors in accordance with section 1310 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1117; Public Law 110-53).
(8) The extent to which surface transportation security
inspectors review and enhance information security practices
and enforce applicable information security regulations and
directives.
(9) Any recommendations relating to the efficiency and
effectiveness of the TSA's surface transportation security
inspectors program.
SEC. 202. INSPECTOR GENERAL AUDIT; TSA OFFICE OF INSPECTION WORKFORCE
CERTIFICATION.
(a) Inspector General Audit.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Inspector General of the Department
shall analyze the data and methods that the Administrator uses
to identify Office of Inspection employees of the
Administration who meet the requirements of sections 8331(20),
8401(17), and 5545a of title 5, United States Code, and provide
the relevant findings to the Administrator, including a finding
on whether such data and methods are adequate and valid.
(2) Prohibition on hiring.--If the Inspector General of the
Department finds that the data and methods referred to in
paragraph (1) are inadequate or invalid, the Administrator may
not hire any new employee to work in the Office of Inspection
of the Administration until--
(A) the Administrator makes a certification described
in subsection (b)(1) to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Inspector General submits to such Committees
a finding, not later than 30 days after the
Administrator makes such certification, that the
Administrator utilized adequate and valid data and
methods to make such certification.
(b) TSA Office of Inspection Workforce Certification.--
(1) In general.--The Administrator shall, by not later than
90 days after the date the Inspector General of the Department
provides its findings to the Assistant Secretary under
subsection (a)(1), document and certify in writing to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and Transportation of
the Senate that only those Office of Inspection employees of
the Administration who meet the requirements of sections
8331(20), 8401(17), and 5545a of title 5, United States Code,
are classified as criminal investigators and are receiving
premium pay and other benefits associated with such
classification.
(2) Employee reclassification.--The Administrator shall
reclassify criminal investigator positions in the Office of
Inspection of the Administration as noncriminal investigator
positions or non-law enforcement positions if the individuals
in such positions do not, or are not expected to, spend an
average of at least 50 percent of their time performing
criminal investigative duties.
(3) Projected cost savings.--
(A) In general.--The Administrator shall estimate the
total long-term cost savings to the Federal Government
resulting from the implementation of paragraph (2), and
provide such estimate to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and
Transportation of the Senate by not later than 180 days
after the date of enactment of this Act.
(B) Contents.--The estimate described in subparagraph
(A) shall identify savings associated with the
positions reclassified under paragraph (2) and include,
among other factors the Administrator considers
appropriate, savings from--
(i) law enforcement training;
(ii) early retirement benefits;
(iii) law enforcement availability and other
premium pay; and
(iv) weapons, vehicles, and communications
devices.
(c) Study.--Not later than 180 days after the date that the
Administrator submits the certification under subsection (b)(1), the
Inspector General of the Department shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate a study--
(1) reviewing the employee requirements, responsibilities,
and benefits of criminal investigators in the Office of
Inspection of the Administration with criminal investigators
employed at agencies adhering to the Office of Personnel
Management employee classification system; and
(2) identifying any inconsistencies and costs implications
for differences between the varying employee requirements,
responsibilities, and benefits.
SEC. 203. REPEAL OF BIENNIAL REPORTING REQUIREMENT FOR THE GOVERNMENT
ACCOUNTABILITY OFFICE RELATING TO THE
TRANSPORTATION SECURITY INFORMATION SHARING PLAN.
Subsection (u) of section 114 of title 49, United States Code, is
amended by--
(1) striking paragraph (7); and
(2) redesignating paragraphs (8) and (9) as paragraphs (7)
and (8), respectively.
SEC. 204. SECURITY TRAINING FOR FRONTLINE TRANSPORTATION WORKERS.
Not later than 90 days after the date of the enactment of the Act,
the Administrator shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report regarding the status of the
implementation of sections 1408 (6 U.S.C. 1137) and 1534 (6 U.S.C.
1184) of the Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53). The Administrator shall include in such
report specific information on the challenges that the Administrator
has encountered since the date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007 with respect to
establishing regulations requiring the provision of basic security
training to public transportation frontline employees and over-the-road
bus frontline employees for preparedness for potential security threats
and conditions.
SEC. 205. FEASIBILITY ASSESSMENT.
Not later than 120 days after the date of the enactment of this Act,
the Administrator shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a feasibility assessment of partnering
with an independent, not-for-profit organization to help provide
venture capital to businesses, particularly small businesses, for
commercialization of innovative homeland security technologies that are
expected to be ready for commercialization in the near term and within
36 months. In conducting such feasibility assessment, the Administrator
shall consider the following:
(1) Establishing an independent, not-for-profit organization,
modeled after the In-Q-tel program, a venture capital
partnership between the private sector and the intelligence
community (as such term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)), to help
businesses, particularly small businesses, commercialize
innovative security-related technologies.
(2) Enhanced engagement, either through the Science and
Technology Directorate of the Department of Homeland Security
or directly, with the In-Q-tel program described in paragraph
(1).
Purpose and Summary
The purpose of H.R. 3584 is to authorize, streamline, and
identify efficiencies within the Transportation Security
Administration, and for other purposes.
Background and Need for Legislation
This bill is based on a number of oversight priorities and
findings by the Subcommittee and serves as part of the
Committee's larger, ongoing effort to reform and authorize the
Department of Homeland Security.
Since the program's inception in 2011, TSA PreCheck has
seen rapid growth in popularity and utilization, and has been
the cornerstone of TSA's risk-based security efforts. While the
program has helped TSA achieve a number of cost and operational
efficiencies, TSA has relied too heavily on alternate forms of
granting passengers expedited PreCheck screening. These
alternate methods, known as Managed Inclusion and Risk
Assessment, have caused confusion among travelers and have come
at the expense of comprehensive efforts by TSA to focus on
expanding full enrollment and converting ``unknown'' passengers
into ``known'' travelers. This bill forces TSA to concentrate
on enrolling more people in the program by coordinating and
leveraging the capabilities and resources of the private sector
in a secure, responsible manner. The bill also requires TSA to
take steps to effectively and robustly market the program and
leverage existing Department of Homeland Security data for
identification purposes, all while working to enhance recurrent
vetting capabilities for those enrolled in the program, in
order to maintain the program's security and integrity. The
bill is based on the Committee's priorities for enhancing risk-
based security at TSA, as well as industry stakeholder
feedback.
In October 2013, TSA began applying PreCheck risk
assessment rules in Secure Flight (watch-list matching) to
identify and increase the percentage of passengers screened
through the PreCheck screening process. TSA's Risk Assessment
program uses its Secure Flight system to identify travelers on
a flight-by-flight basis who may be eligible for expedited
screening by using previously collected information that is
already provided to TSA by the airlines. Passengers who are a
match to a watch-list will continue to receive the appropriate
screening. For all other passengers, the analysis of this data
will determine whether passengers will receive expedited or
standard screening. Just like with MI, travelers who experience
expedited screening through Risk Assessment are not subject to
a criminal history background check. However, in contrast to MI
participants, passengers who are eligible for PreCheck through
Risk Assessment are not required to undergo screening by
passenger screening canine teams or explosives trace detection
technology. This legislation requires TSA to restrict its use
of these alternate methods of diverting passengers into
PreCheck, unless the agency can demonstrate that such methods
have been tested and proven to be effective security tools. In
turn, this will close concerning security vulnerabilities with
the program and prioritize enrollment in the PreCheck program.
In addition, the Department of Homeland Security Inspector
General recently released a report entitled ``TSA Can Improve
Aviation Worker Vetting'' (DHS OIG-15-98) which found that 73
aviation workers with access to secure areas in our nation's
airports had links to terrorism. Some of the issues noted by
the report included policies that prevented the Transportation
Security Administration (TSA) from having access to all the
terrorism category codes in the agency's extract of the
Terrorist Screening Database used to vet employees, and limited
oversight of airport operators performing criminal history and
work authorization checks on the aviation workers. The report
made six recommendations to strengthen the vetting of
credentialed aviation workers. This legislation codifies
several of those recommendations and ensures that TSA has
access to the necessary data to properly vet aviation
employees, strengthen its criminal background check
capabilities, and better-resolve issues of lawful status for
credential applicants. The need for enhanced and robust
employee vetting stems from the threat to aviation posed by
those with access to sensitive and secure areas at airports. A
number of incidents in recent years have highlighted security
gaps in the employee vetting process, including gun and drug
smuggling operations, as well as instances of radicalization of
aviation workers. While there has not yet been a successful
instance of terrorism perpetrated by an aviation worker, the
Committee seeks to close perceived gaps in vetting and
strengthen the overall security of the aviation sector.
The Department of Homeland Security Office of the Inspector
General also recently issued another report entitled ``The
Transportation Security Administration Does Not Properly Manage
Its Airport Screening Equipment Maintenance Program'' (DHS OIG-
15-86) which examined the TSA's airport screening equipment
maintenance program and determined that adequate policies and
procedures had not been implemented. This has resulted in
equipment not being maintained to the specifications required
by the manufacturer. Additionally, TSA did not have adequate
policies to oversee if the routine preventative maintenance was
accomplished resulting in equipment not being ready for
operational use. This could shorten the operational life of
some equipment and incur unnecessary costs to replace it.
Additionally, the equipment, if not properly maintained, has
the potential to be less effective at detecting dangerous
items, which could jeopardize passenger and airline safety.
This legislation codifies the recommendations of the Inspector
General to address these vulnerabilities.
Other provisions of this bill are based on watchdog report
recommendations, stake holder feedback, TSA legislative
proposals, the text of H.R. 2127, H.R. 2750, H.R. 2770 and H.R.
2843, all of which unanimously passed the House in July, as
well as H.R. 3144, and general oversight findings and
priorities, pursuant to the Committee's oversight plan for the
114th Congress.
Hearings
The Committee held no legislative hearings on H.R. 3584.
However the Committee held the following oversight hearings and
received briefings on issues related to the contents of this
legislation:
On March 4, 2015, the Subcommittee on Transportation
Security held a classified Member briefing on air passenger and
baggage screening capabilities. Representatives from the DHS-IG
and the GAO were available to provide an overview of
capabilities and testing efforts and to respond to Member
questions.
On June 2, 2015, the Subcommittee on Transportation
Security held a classified Member briefing on threats to
transportation security. Representatives from TSA were
available to provide an overview of the transportation threat
landscape and respond to Member questions.
On June 16, 2015, the Subcommittee on Transportation
Security held a hearing entitled ``How TSA Can Improve Aviation
Worker Vetting.'' The Subcommittee received testimony from Hon.
John Roth, Inspector General, U.S. Department of Homeland
Security; Ms. Stacey Fitzmaurice, Deputy Assistant
Administrator, Office of Intelligence and Analysis,
Transportation Security Administration, U.S. Department of
Homeland Security; and Ms. Jennifer Grover, Director,
Transportation Security and Coast Guard Issues, Homeland
Security and Justice Team, U.S. Government Accountability
Office.
On September 17, 2015, the Subcommittee on Transportation
Security and the Subcommittee on Counterterrorism and
Intelligence held a joint hearing entitled ``Safeguarding our
Nation's Surface Transportation Systems Against Evolving
Terrorist Threats.'' The Subcommittees received testimony from
Mr. Eddie Mayenschein, Assistant Administrator, Office of
Security Policy and Industry Engagement, Transportation
Security Administration, U.S. Department of Homeland Security;
Ms. Jennifer Grover, Director, Transportation Security and
Coast Guard Issues, Homeland Security and Justice Team, U.S.
Government Accountability Office; Mr. Raymond Diaz, Director of
Security, Metropolitan Transportation Authority (New York); and
Ms. Polly Hanson, Chief of Police, National Railroad Passenger
Corporation (Amtrak).
Committee Consideration
The Committee met on September 30, 2015, to consider
H.R.3584, and ordered the measure to be reported to the House
with a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An en bloc amendment offered by MR. THOMPSON of Mississippi
(#1); was AGREED TO by voice vote.
Consisting of the following amendments:
Page 12, beginning line 6, strike ``not later than 180 days after
the date of the enactment of this Act,''.
At the end of the bill add a new section entitled ``Sec. 205.
Feasibility Assessment.''
An amendment offered by MR. PERRY (#2); was AGREED TO by voice
vote.
At the end of title I, add a new section entitled ``Sec. 112.
Covert Testing at Airports.''
An en bloc amendment offered by MS. JACKSON LEE (#3); was
AGREED TO by voice vote.
Consisting of the following amendments:
At the end of title I, add a new section entitled ``Sec. 112.
Training for Transportation Security Officers.''
Page 33, beginning line 3, insert the following: (8) Any
recommendations relating to the efficiency and effectiveness of the
TSA's surface transportation security inspectors program.
An amendment offered by MR. CLAWSON (#4); was AGREED TO by
voice vote.
Page 18, line 13, insert the following: ``Such report shall also
include information relating to how the Administration may use
efficiencies identified through such efficiency review to provide
funding to reimburse Airports that incurred eligible costs for in-line
baggage screening systems.''
An amendment offered by MR. LANGEVIN (#5); was AGREED TO by
voice vote.
Page 33, beginning line 3, insert the following: (8) The extent to
which surface transportation security inspectors review and enhance
information security practices and enforce applicable information
security regulations and directives.
An amendment offered by MR. THOMPSON (#6); was AGREED TO by
voice vote.
Page 11, line 16, strike ``reducing'' and insert ``assessing''.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R.3584.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3584, the Transportation Security Administration Reform and
Improvement Act of 2015, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 4, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3584, the
Transportation Security Administration Reform and Improvement
Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
H.R. 3584--Transportation Security Administration Reform and
Improvement Act of 2015
Summary: H.R. 3584 would specify a variety of requirements
related primarily to aviation security programs implemented by
the Transportation Security Administration (TSA). The bill
would modify TSA programs for screening air passengers, vetting
certain employees with access to secure areas of airports,
conducting maintenance of screening equipment, and would
require various administrative analyses and reports.
CBO estimates that implementing H.R. 3584 would cost $21
million over the 2016-2020 period, assuming appropriation of
the necessary amounts. Enacting H.R. 3584 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Enacting H.R. 3584 would not increase net direct spending
or on-budget deficits in any of the four consecutive 10-year
periods beginning in 2026.
H.R. 3584 would impose an intergovernmental and private-
sector mandate as defined in the Unfunded Mandates Reform Act
(UMRA) on airport authorities that issue badges to people
authorized to work at airports. Based on information from TSA
and groups representing airport authorities, CBO estimates that
the cost to both public and private airports of complying with
the mandate would be small and well below the annual thresholds
established in UMRA for intergovernmental and private-sector
mandates ($77 million and $154 million, respectively in 2015,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 3584 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................. 13 2 2 2 2 21
Estimated Outlays............................. 7 7 3 2 2 21
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: H.R. 3584 would amend provisions of law
that govern TSA's authority to carry out security-related
activities and would specify new requirements, particularly
related to programs to screen air passengers and oversee other
security measures at airports. According to the agency, many of
the bill's provisions would effectively codify existing
programs, but some provisions would require TSA to undertake
new efforts that would increase federal costs. Such provisions
would direct TSA to:
Expand enrollment in the PreCheck program,
through which air travelers voluntarily apply to be
prescreened using biographic and biometric information
to determine whether they qualify for expedited
screening at airport security checkpoints;
Conduct a pilot program to establish an
automated, biometric-based system to verify the
identity of travelers enrolled in the PreCheck program;
Establish an automated system at all large
hub airports to verify travel documents of passengers
not enrolled in the PreCheck program;
Expand efforts to improve the effectiveness
of the Secure Flight Program, through which TSA
compares air passengers' names to lists of trusted
travelers and watchlists to identify low and high-risk
passengers;
Implement a pilot program to evaluate the
feasibility of contracting with private firms for
explosives-detection services involving canine teams;
and,
Enhance procedures for vetting airport
workers by expanding efforts to share data and
terrorist-related information among federal agencies
responsible for intelligence and law enforcement.
Based on information from TSA about the costs of existing
and similar security-related activities, CBO estimates that
implementing new requirements under H.R. 3584 would cost $21
million over the 2016-2020 period, assuming appropriation of
the necessary amounts. That estimate includes $6 million
specifically authorized for the pilot program related to canine
teams detecting explosives, $5 million in estimated one-time
costs for equipment and other upfront costs associated with
expanding the use of biometric-based screening and the
automated capacity of the Secure Flight program, and $2 million
in increased annual costs over the 2016-2020 period for
additional personal and administrative expenses required to
maintain expanded efforts under the bill.
In addition, CBO expects that the proposed expansion of
TSA's PreCheck program, while largely consistent with current
administrative policy, could involve additional costs by
increasing the number of passengers that apply for prescreening
services under the bill. Because such passengers pay fees to
offset TSA's costs of providing such services, CBO estimates
that any net changes in federal spending related to increased
credentialing activities (which would be subject to provisions
in annual appropriation acts) would not be significant in any
year.
Pay-As-You-Go Consideration: None.
Increase in long term direct spending and deficits: CBO
estimates that enacting H.R. 3584 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
Intergovernmental and private-sector impact: H.R. 3584
would impose an intergovernmental and private-sector mandate as
defined in UMRA on airport authorities that issue badges to
people authorized to work at airports. The bill would require
those authorities to set the expiration of badges for
noncitizen employees to correspond with the employee's
temporary authorization to work in the United States.
Under current law, badges must expire at least every two
years. This bill would require airport authorities to change
practices for the issuance of badges to match the expiration
dates for those employees. According to information from TSA
and groups representing airport authorities, the proportion of
employees with temporary work authorization is small. Because
current law requires the issuing agent to include expiration
dates on the badges, CBO expects that the requirement to align
the expiration date with work authorization would only require
small changes to existing policies and practices.
Consequently, CBO estimates that the additional cost to
both public and private airports of complying with the mandate
would fall well below the annual thresholds established in UMRA
for intergovernmental and private-sector mandates ($77 million
and $154 million, respectively in 2015, adjusted annually for
inflation).
Previous CBO estimates: H.R. 3584 contains several
provisions that are similar to other bills for which CBO has
transmitted estimates. In all cases, our estimates of the
budgetary effects are the same. In particular:
Section 101 of H.R. 3584 is similar to H.R.
2843, the TSA PreCheck Expansion Act, as ordered
reported by the House Committee on Homeland Security on
June 25, 2015, for which CBO transmitted an estimate on
July 17, 2015;
Section 103 of H.R. 3584 is similar to H.R.
2127, the Securing Expedited Screening Act, as ordered
reported by the House Committee on Homeland Security on
June 25, 2015, for which CBO transmitted an estimate on
July 17, 2015;
Section 108 of H.R. 3584 is similar to H.R.
2770, the Keeping our Travelers Safe and Secure Act, as
ordered reported by the House Committee on Homeland
Security on June 25, 2015, for which CBO transmitted an
estimate on July 17, 2015;
Section 109 of H.R. 3584 is similar to H.R.
2750, the Improved Security Vetting for Aviation
Workers Act of 2015, as ordered reported by the House
Committee on Homeland Security on June 25, 2015, for
which CBO transmitted an estimate on July 24, 2015;
Section 110 of H.R. 3584 is similar to H.R.
3144, the Partners for Aviation Security Act, as
ordered reported by the House Committee on Homeland
Security on September 30, 2015, for which CBO
transmitted an estimate on October 16, 2015; and
Section 202 of H.R. 3584 is similar to H.R.
719, the TSA Office of Inspection Accountability Act of
2015, as ordered reported by the Senate Committee on
Commerce, Science, and Transportation on February 26,
2015, for which CBO transmitted an estimate on March
18, 2015.
Estimate prepared by: Federal costs: Megan Carroll, Impact
on state, local, and tribal governments: Melissa Merrell,
Impact on the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 3584 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation authorizes, streamlines, and reforms
certain programs within the Transportation Security
Administration as part of the Committee's broader reform and
improvement effort for the Department of Homeland Security. The
text includes an authorization of TSA's PreCheck program, along
with direction for TSA to implement biometric identification
solutions at checkpoints, and an expansion of the PreCheck
program to include partnerships with the private sector and a
comprehensive marketing strategy. Additionally, H.R. 3584
includes a provision to close security gaps by limiting
PreCheck screening to individuals who have successfully
registered in the program, have been properly vetted, or are
Members of an identified trusted population.
The bill enhances TSA's Secure Flight watchlist matching
program, including requiring TSA to establish mechanisms to
track and resolve the root causes of screening errors at
checkpoints, develop performance metrics for the program, and
provide job-specific privacy training for Secure Flight
employees to protect individuals' personally identifiable
information. In an effort to promote agency efficiency, the
bill also includes a provision directing the Administrator to
conduct an efficiency review focused on eliminating waste and
duplicative efforts within TSA. The bill also authorizes TSA to
donate security screening equipment to overseas airport
operators at last point of departure airports with flights to
the United States, in order to protect U.S. citizens and
national security.
The legislation also requires TSA to develop a process by
which the agency may validate preventative maintenance being
performed on security screening equipment, as well as a review
and assessment by the DHS Inspector General. The bill bolsters
aviation worker vetting by directing TSA to seek additional
data on credential applicants, as well as issue guidance for
inspections of airport badging procedures and initiate a pilot
of the FBI's Rap Back vetting program. Moreover, the bill seeks
to enhance credentialing procedures by ensuring that issuance
and expiration of credentials are commensurate with
individuals' lawful status to work in the United States.
Further, the bill articulates increased involvement and
oversight of the Aviation Security Advisory Committee, the
Transportation Security Oversight Board, and the use of private
sector explosives trace detection canine teams.
H.R. 3584 also includes a surface transportation security
title, which requires the GAO to conduct a review of TSA's
Surface Transportation Security Inspectors Program. This review
is to include an assessment of the roles and responsibilities
of inspectors, whether the program is risk-based and efficient,
the qualifications of the inspectors, feedback from industry
stakeholders, as well as possible overlap between TSA and the
Department of Transportation, as it relates to the program. The
bill requires the review and subsequent reclassification of
employees within TSA's Office of Inspection, as well as
validation of methodology by the DHS Inspector General. Lastly,
the text repeals a biennial reporting requirement for the GAO
and requires TSA to submit a report on the implementation of 9/
11 Act training requirements for frontline surface
transportation employees.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 3584 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3584 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3584 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that bill may be cited as the
``Transportation Security Administration Reform and Improvement
Act of 2015''.
Sec. 2. Definitions
This section defines the terms used in this legislation
including: ``TSA'' and ``Administration'' refer to the
Transportation Security Administration; ``Administrator''
refers to the Administrator of the Transportation Security
Administration. ``Intelligence Community'' is defined pursuant
to the National Security Act of 1947. ``Department'' means the
Department of Homeland Security. ``Secure Flight'' means the
Administration's watchlist matching program.
TITLE I--AVIATION SECURITY
Sec. 101. TSA Precheck
This section directs the Administrator, within 90 days, to
ensure that passenger screening is conducted in a risk-based,
intelligence-driven manner with consideration for privacy and
civil liberties. Further, the Administrator shall operate a
trusted passenger program known as TSA PreCheck. This program
shall provide expedited screening for low-risk passengers and
their accessible property based on a comprehensive and
continuous analysis of various factors, including if
passengers: are members of other DHS trusted traveler programs,
are members of the armed forces or are traveling on military
orders, possess an active security clearance, and are members
of populations designated in a written security assessment as
posing a low risk to aviation security.
Sec. 102. Precheck and general passenger biometric identification.
This section requires the Administrator within one year of
enactment to conduct a pilot project for a secure, automated,
biometric-based system at airports to verify the identity of
passengers who are members of TSA PreCheck. This system must
assess the need for screening personnel to perform travel
document verification, assess the average wait-time of PreCheck
participants, assess overall operating expenses, be integrated
with TSA's watchlist matching program and checkpoint
technologies, and borrow capabilities and policies of the U.S.
Customs and Border Protection's Global Entry Program as
appropriate.
Sec. 103. Limitation; Pre-Check operations maintained; alternate
methods.
This section requires that the Administrator to limit the
access to expedited airport security screening at checkpoints
to passengers who voluntarily submit biographic and biometric
information for a security risk assessment or who are
participants in another registered traveler program of the
Department or who have been identified as being of low risk to
aviation security, such as members of the armed forces or
individuals holding a security clearance. Any alternate methods
of providing expedited screening must reliably and effectively
identify low risk passengers and mitigate known threats to
aviation.
Additionally, this section requires the Administrator, not
later than three months after the date of the enactment of this
Act and annually thereafter, to report to the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the percentage of all passengers who are provided
expedited security screening, and of such passengers so
provided, the percentage who are participants in the PreCheck
program, the percentage who are participants in another trusted
traveler program of the Department, the percentage who are
participants in the PreCheck program due to the Administrator's
issuance of known traveler numbers and for the remaining
percentage of passengers granted access to expedited security
screening in PreCheck security lanes, information on the
percentages attributable to each alternative method utilized by
the Administration to direct passengers to expedited airport
security screening at PreCheck security lanes.
Sec. 104. Secure Flight Program
This section requires the Administrator within 90 days to
develop a process for regularly evaluating the root causes of
screening errors, implement corrective measures to address the
root causes of screening errors occurring at the checkpoint,
develop additional measures to address key performance aspects
related to the Secure Flight program, develop a mechanism to
systematically document the number and causes of Secure Flight
matching errors for the purpose of improving program
performance, provide job-specific privacy refresher training
for Secure Flight staff and develop a mechanism to
comprehensively document and track Secure Flight privacy issues
and decisions to ensure Secure Flight has complete information
for effective oversight of its privacy controls.
Sec. 105. Efficiency Review by TSA
This section requires the Assistant Secretary within 270
days after the enactment to conduct a comprehensive, agency-
wide efficiency review of the Transportation Security Agency to
identify spending reductions and administrative savings by: the
elimination of duplicative or overlapping programs, as well as
the elimination of unnecessary or obsolete rules, regulations,
directives or procedures. In addition, the Assistant Secretary
is required to submit a report to the House Committee on
Homeland Security, Homeland Security and Governmental Affairs;
and Senate Committee on Commerce, Science, and Transportation
within 30 days of the completion of the efficiency review. The
report will also include information relating to how the
Administration may use efficiencies identified through such
efficiency review to provide funding to reimburse Airports that
incurred eligible costs for in-line baggage screening systems.
Sec. 106. Donation of screening equipment to protect the United
States
This section authorizes the Administrator to donate
security-screening equipment to a foreign last point of
departure airport operator if the equipment can be reasonably
expected to mitigate a specific vulnerability to the security
of the United States or American citizens. In addition, this
section requires the administrator not later than 30 days prior
to any donation to provide to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate, a detailed
written explanation of the specific vulnerability to the United
States that will be mitigated with the donation, why the
recipient is unable or unwilling to purchase equipment to
mitigate the threat, an evacuation plan for sensitive
technologies in case of emergency or instability in the country
to which equipment is being donated, how the Administration
will ensure the equipment is used and maintained over the
course of its life by the recipient, and the total dollar value
of the donation.
Sec. 107. Review of sustained security directives
This section requires the Administrator within 90 days of
enactment of this act and annually thereafter, to review the
necessity of any security directive that has been in effect for
longer than one year, and brief the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on any
changes being made to existing security directives as a result
of the review conducted under this section, the specific threat
that is being mitigated by any directive that will remain in
effect, and the planned disposition of the security directive.
Sec. 108. Maintenance of Security-related technology
This section requires the Administrator, within 180 days,
to develop and implement a preventative maintenance validation
process for security-related technology deployed at airports
both for airport personnel and contractors. This process should
include the issuance of guidance and the development of
reporting requirements, as well as penalties for non-compliance
and a review by the Department of Homeland Security Inspector
General.
Sec. 109. Vetting of airport workers.
This section requires the Administrator, in coordination
with the Assistant Secretary for Policy of the Department to
request additional access to data from the Terrorist Identities
Datamart Environment and other databases in order to improve
the vetting of aviation workers by December 31, 2015. This
section also directs the Administrator to issue guidance to
improve auditing procedures for airport badging offices and
authorizes the Administrator to implement a pilot program of
the FBI's Rap Back Service. Additionally, the Administrator is
directed to review the denial of credentials associated with an
individual's lawful status.
Sec. 110. Aviation Security Advisory Committee consultation
This section requires the Administrator, to the extent
practicable, to consult with the Aviation Security Advisory
Committee regarding any modifications to the prohibited items
list prior to issuing a determination about any such
modification. This section also requires the Secretary, within
120 days of enactment, to submit to the Transportation Security
Oversight Board, the House Committee on Homeland Security and
relevant Senate Committees a report that includes general
information on how often the Board has met, the current
composition of the Board, and what activities the Board has
undertaken. This section also amends subparagraph (A) of
section 4946(c)(2) of title 49, in order to allow a member of
the Aviation Security Advisory Committee to serve longer than a
two year term in order to prevent a vacancy before a successor
is appointed.
Sec. 111. Private contractor canine evaluation and Integration Pilot
Program
This section directs the Administrator, within 180 days, to
conduct a pilot program to evaluate the use, effectiveness, and
integration of privately-operated explosives detection canines
teams to supplement existing capabilities for passenger
screening and traditional explosives detection methods. The
pilot is to include covert testing to determine security
effectiveness and is funded by monies made available to the
Office of the Secretary of Homeland Security.
Sec. 112. Covert testing at airports
This section requires TSA to conduct regular covert
testing, not later than one year after the enactment of the
bill and annually thereafter through 2020, of airport security
checkpoints, in order to identify weaknesses and
vulnerabilities in the security apparatus protecting U.S.
aviation systems. These results are to be reported, quarterly
if practicable, to the DHS Inspector General and the Committee
on Homeland Security in the House; Homeland Security and
Governmental Affairs; and Committee on Commerce, Science, and
Transportation. Additionally, the amendment directs TSA to
recommend and implement corrective actions to close security
vulnerabilities identified by the testing.
The Administrator is required, within 30 days of the
completion of the covert testing, to report to the appropriate
committees on the results of the covert testing, as well as,
the DHS Inspector General.
Additionally, this section requires the DHS Inspector
General to conduct its own covert testing, compare its results
to that of the TSA's and report to the House Committee on
Homeland Security; Homeland Security and Governmental Affairs;
and Senate Committee on Commerce, Science, and Transportation
Sec. 113. Training for Transportation Security Officers.
This section requires the Administrator to report to the
Committee on Homeland Security in the House; Homeland Security
and Governmental Affairs; and Senate Committee on Commerce,
Science, and Transportation on a periodic basis on the status
of efforts to enhance initial and recurrent training of
Transportation Security Officers.
TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS
Sec. 201. Surface Transportation Inspectors
This section would require GAO within one year of enactment
to issue a report to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Homeland
Security and Governmental Affairs of the Senate on the
efficiency and effectiveness of the Administration's Surface
Transportation Security Inspectors Program. This report will
also focus on the extent with which the Transportation Security
Inspectors review and enhance information, security practices
and enforce applicable security information, regulations and
directives.
Sec. 202. Inspector General audit; TSA Office of Inspection workforce
certification
This section requires the Inspector General of the
Department of Homeland Security, within 60 days, to analyze the
data and methods used by the Administrator to classify
employees within the Office of Inspection and for the
Administrator to conduct a workforce assessment and subsequent
reclassification of employees within the Office of Inspection,
in accordance with Office of Personnel Management employee
classification regulations. The section also requires the
Administrator to report to Congress on the estimated cost
savings achieved through a workforce realignment within the
Office of Inspection.
Sec. 203. Repeal of biennial reporting requirement for the Government
Accountability Office relating to the Transportation Security
Information sharing plan
This section would repeal a 9/11 Act requirement that
required GAO to report biennially on the satisfaction of
recipients of transportation intelligence reports disseminated
by the Department of Homeland Security.
Sec. 204. Security training for frontline transportation workers
This section requires the Administrator, within 90 days, to
report to the appropriate Congressional Committees on the
status of the implementation of training requirements for
public transportation frontline employees in the 9/11 Act.
Sec. 205. Feasibility assessment
This amendment requires the Administrator, not later than
120 days after the bill's enactment, to conduct an assessment
and submit a report to the House Committee on Homeland
Security, the Senate Committee on Homeland Security and
Governmental Affairs and the Senate Committee on Commerce,
Science and Transportation on the feasibility of establishing a
partnership with an independent, not-for-profit organization to
help provide venture capital to businesses for
commercialization of innovative homeland security technologies
that are expected to be ready for commercialization within 3
years.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 114. Transportation Security Administration
(a) In General.--The Transportation Security Administration
shall be an administration of the Department of Transportation.
(b) Under Secretary.--
(1) Appointment.--The head of the Administration
shall be the Under Secretary of Transportation for
Security. The Under Secretary shall be appointed by the
President, by and with the advice and consent of the
Senate.
(2) Qualifications.--The Under Secretary must--
(A) be a citizen of the United States; and
(B) have experience in a field directly
related to transportation or security.
(3) Term.--The term of office of an individual
appointed as the Under Secretary shall be 5 years.
(c) Limitation on Ownership of Stocks and Bonds.--The Under
Secretary may not own stock in or bonds of a transportation or
security enterprise or an enterprise that makes equipment that
could be used for security purposes.
(d) Functions.--The Under Secretary shall be responsible for
security in all modes of transportation, including--
(1) carrying out chapter 449, relating to civil
aviation security, and related research and development
activities; and
(2) security responsibilities over other modes of
transportation that are exercised by the Department of
Transportation.
(e) Screening Operations.--The Under Secretary shall--
(1) be responsible for day-to-day Federal security
screening operations for passenger air transportation
and intrastate air transportation under sections 44901
and 44935;
(2) develop standards for the hiring and retention of
security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel
to provide security screening at all airports in the
United States where screening is required under section
44901, in consultation with the Secretary of
Transportation and the heads of other appropriate
Federal agencies and departments.
(f) Additional Duties and Powers.--In addition to carrying
out the functions specified in subsections (d) and (e), the
Under Secretary shall--
(1) receive, assess, and distribute intelligence
information related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for
dealing with threats to transportation security;
(4) make other plans related to transportation
security, including coordinating countermeasures with
appropriate departments, agencies, and
instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation
security to the intelligence and law enforcement
communities;
(6) on a day-to-day basis, manage and provide
operational guidance to the field security resources of
the Administration, including Federal Security Managers
as provided by section 44933;
(7) enforce security-related regulations and
requirements;
(8) identify and undertake research and development
activities necessary to enhance transportation
security;
(9) inspect, maintain, and test security facilities,
equipment, and systems;
(10) ensure the adequacy of security measures for the
transportation of cargo;
(11) oversee the implementation, and ensure the
adequacy, of security measures at airports and other
transportation facilities;
(12) require background checks for airport security
screening personnel, individuals with access to secure
areas of airports, and other transportation security
personnel;
(13) work in conjunction with the Administrator of
the Federal Aviation Administration with respect to any
actions or activities that may affect aviation safety
or air carrier operations;
(14) work with the International Civil Aviation
Organization and appropriate aeronautic authorities of
foreign governments under section 44907 to address
security concerns on passenger flights by foreign air
carriers in foreign air transportation; and
(15) carry out such other duties, and exercise such
other powers, relating to transportation security as
the Under Secretary considers appropriate, to the
extent authorized by law.
(g) National Emergency Responsibilities.--
(1) In general.--Subject to the direction and control
of the Secretary, the Under Secretary, during a
national emergency, shall have the following
responsibilities:
(A) To coordinate domestic transportation,
including aviation, rail, and other surface
transportation, and maritime transportation
(including port security).
(B) To coordinate and oversee the
transportation-related responsibilities of
other departments and agencies of the Federal
Government other than the Department of Defense
and the military departments.
(C) To coordinate and provide notice to other
departments and agencies of the Federal
Government, and appropriate agencies of State
and local governments, including departments
and agencies for transportation, law
enforcement, and border control, about threats
to transportation.
(D) To carry out such other duties, and
exercise such other powers, relating to
transportation during a national emergency as
the Secretary shall prescribe.
(2) Authority of other departments and agencies.--The
authority of the Under Secretary under this subsection
shall not supersede the authority of any other
department or agency of the Federal Government under
law with respect to transportation or transportation-
related matters, whether or not during a national
emergency.
(3) Circumstances.--The Secretary shall prescribe the
circumstances constituting a national emergency for
purposes of this subsection.
(h) Management of Security Information.--In consultation with
the Transportation Security Oversight Board, the Under
Secretary shall--
(1) enter into memoranda of understanding with
Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals
identified on Federal agency databases who may pose a
risk to transportation or national security;
(2) establish procedures for notifying the
Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials,
and airport or airline security officers of the
identity of individuals known to pose, or suspected of
posing, a risk of air piracy or terrorism or a threat
to airline or passenger safety;
(3) in consultation with other appropriate Federal
agencies and air carriers, establish policies and
procedures requiring air carriers--
(A) to use information from government
agencies to identify individuals on passenger
lists who may be a threat to civil aviation or
national security; and
(B) if such an individual is identified,
notify appropriate law enforcement agencies,
prevent the individual from boarding an
aircraft, or take other appropriate action with
respect to that individual; and
(4) consider requiring passenger air carriers to
share passenger lists with appropriate Federal agencies
for the purpose of identifying individuals who may pose
a threat to aviation safety or national security.
(i) View of NTSB.--In taking any action under this section
that could affect safety, the Under Secretary shall give great
weight to the timely views of the National Transportation
Safety Board.
(j) Acquisitions.--
(1) In general.--The Under Secretary is authorized--
(A) to acquire (by purchase, lease,
condemnation, or otherwise) such real property,
or any interest therein, within and outside the
continental United States, as the Under
Secretary considers necessary;
(B) to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain such personal
property (including office space and patents),
or any interest therein, within and outside the
continental United States, as the Under
Secretary considers necessary;
(C) to lease to others such real and personal
property and to provide by contract or
otherwise for necessary facilities for the
welfare of its employees and to acquire,
maintain and operate equipment for these
facilities;
(D) to acquire services, including such
personal services as the Secretary determines
necessary, and to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain research and
testing sites and facilities; and
(E) in cooperation with the Administrator of
the Federal Aviation Administration, to utilize
the research and development facilities of the
Federal Aviation Administration.
(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by
the Government of the United States.
(k) Transfers of Funds.--The Under Secretary is authorized to
accept transfers of unobligated balances and unexpended
balances of funds appropriated to other Federal agencies (as
such term is defined in section 551(1) of title 5) to carry out
functions transferred, on or after the date of enactment of the
Aviation and Transportation Security Act, by law to the Under
Secretary.
(l) Regulations.--
(1) In general.--The Under Secretary is authorized to
issue, rescind, and revise such regulations as are
necessary to carry out the functions of the
Administration.
(2) Emergency procedures.--
(A) In general.--Notwithstanding any other
provision of law or executive order (including
an executive order requiring a cost-benefit
analysis), if the Under Secretary determines
that a regulation or security directive must be
issued immediately in order to protect
transportation security, the Under Secretary
shall issue the regulation or security
directive without providing notice or an
opportunity for comment and without prior
approval of the Secretary.
(B) Review by Transportation Security
Oversight Board.--Any regulation or security
directive issued under this paragraph shall be
subject to review by the Transportation
Security Oversight Board established under
section 115. Any regulation or security
directive issued under this paragraph shall
remain effective for a period not to exceed 90
days unless ratified or disapproved by the
Board or rescinded by the Under Secretary.
(3) Factors to consider.--In determining whether to
issue, rescind, or revise a regulation under this
section, the Under Secretary shall consider, as a
factor in the final determination, whether the costs of
the regulation are excessive in relation to the
enhancement of security the regulation will provide.
The Under Secretary may waive requirements for an
analysis that estimates the number of lives that will
be saved by the regulation and the monetary value of
such lives if the Under Secretary determines that it is
not feasible to make such an estimate.
(4) Airworthiness objections by FAA.--
(A) In General.--The Under Secretary shall
not take an aviation security action under this
title if the Administrator of the Federal
Aviation Administration notifies the Under
Secretary that the action could adversely
affect the airworthiness of an aircraft.
(B) Review by Secretary.--Notwithstanding
subparagraph (A), the Under Secretary may take
such an action, after receiving a notification
concerning the action from the Administrator
under subparagraph (A), if the Secretary of
Transportation subsequently approves the
action.
(m) Personnel and Services; Cooperation by Under Secretary.--
(1) Authority of Under Secretary.--In carrying out
the functions of the Administration, the Under
Secretary shall have the same authority as is provided
to the Administrator of the Federal Aviation
Administration under subsections (l) and (m) of section
106.
(2) Authority of agency heads.--The head of a Federal
agency shall have the same authority to provide
services, supplies, equipment, personnel, and
facilities to the Under Secretary as the head has to
provide services, supplies, equipment, personnel, and
facilities to the Administrator of the Federal Aviation
Administration under section 106(m).
(n) Personnel Management System.--The personnel management
system established by the Administrator of the Federal Aviation
Administration under section 40122 shall apply to employees of
the Transportation Security Administration, or, subject to the
requirements of such section, the Under Secretary may make such
modifications to the personnel management system with respect
to such employees as the Under Secretary considers appropriate,
such as adopting aspects of other personnel systems of the
Department of Transportation.
(o) Authority of Inspector General.--The Transportation
Security Administration shall be subject to the Inspector
General Act of 1978 (5 U.S.C. App.) and other laws relating to
the authority of the Inspector General of the Department of
Transportation.
(p) Law enforcement powers.--
(1) In general.--The Under Secretary may designate an
employee of the Transportation Security Administration
or other Federal agency to serve as a law enforcement
officer.
(2) Powers.--While engaged in official duties of the
Administration as required to fulfill the
responsibilities under this section, a law enforcement
officer designated under paragraph (1) may--
(A) carry a firearm;
(B) make an arrest without a warrant for any
offense against the United States committed in
the presence of the officer, or for any felony
cognizable under the laws of the United States
if the officer has probable cause to believe
that the person to be arrested has committed or
is committing the felony; and
(C) seek and execute warrants for arrest or
seizure of evidence issued under the authority
of the United States upon probable cause that a
violation has been committed.
(3) Guidelines on exercise of authority.--The
authority provided by this subsection shall be
exercised in accordance with guidelines prescribed by
the Under Secretary, in consultation with the Attorney
General of the United States, and shall include
adherence to the Attorney General's policy on use of
deadly force.
(4) Revocation or suspension of authority.--The
powers authorized by this subsection may be rescinded
or suspended should the Attorney General determine that
the Under Secretary has not complied with the
guidelines prescribed in paragraph (3) and conveys the
determination in writing to the Secretary of
Transportation and the Under Secretary.
(q) Authority to Exempt.--The Under Secretary may grant an
exemption from a regulation prescribed in carrying out this
section if the Under Secretary determines that the exemption is
in the public interest.
(r) Nondisclosure of Security Activities.--
(1) In general.--Notwithstanding section 552 of title
5, the Under Secretary shall prescribe regulations
prohibiting the disclosure of information obtained or
developed in carrying out security under authority of
the Aviation and Transportation Security Act (Public
Law 107-71) or under chapter 449 of this title if the
Under Secretary decides that disclosing the information
would--
(A) be an unwarranted invasion of personal
privacy;
(B) reveal a trade secret or privileged or
confidential commercial or financial
information; or
(C) be detrimental to the security of
transportation.
(2) Availability of information to Congress-
Paragraph (1) does not authorize information to be
withheld from a committee of Congress authorized to
have the information.
(3) Limitation on transferability of duties- Except
as otherwise provided by law, the Under Secretary may
not transfer a duty or power under this subsection to
another department, agency, or instrumentality of the
United States.
(4) Limitations.--Nothing in this subsection, or any
other provision of law, shall be construed to authorize
the designation of information as sensitive security
information (as defined in section 1520.5 of title 49,
Code of Federal Regulations)--
(A) to conceal a violation of law,
inefficiency, or administrative error;
(B) to prevent embarrassment to a person,
organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of
information that does not require protection in
the interest of transportation security,
including basic scientific research information
not clearly related to transportation security.
(s) Transportation Security Strategic Planning.--
(1) In general.--The Secretary of Homeland Security
shall develop, prepare, implement, and update, as
needed--
(A) a National Strategy for Transportation
Security; and
(B) transportation modal security plans
addressing security risks, including threats,
vulnerabilities, and consequences, for
aviation, railroad, ferry, highway, maritime,
pipeline, public transportation, over-the-road
bus, and other transportation infrastructure
assets.
(2) Role of Secretary of Transportation.--The
Secretary of Homeland Security shall work jointly with
the Secretary of Transportation in developing,
revising, and updating the documents required by
paragraph (1).
(3) Contents of National Strategy for Transportation
Security.--The National Strategy for Transportation
Security shall include the following:
(A) An identification and evaluation of the
transportation assets in the United States
that, in the interests of national security and
commerce, must be protected from attack or
disruption by terrorist or other hostile
forces, including modal security plans for
aviation, bridge and tunnel, commuter rail and
ferry, highway, maritime, pipeline, rail, mass
transit, over-the-road bus, and other public
transportation infrastructure assets that could
be at risk of such an attack or disruption.
(B) The development of risk-based priorities,
based on risk assessments conducted or received
by the Secretary of Homeland Security
(including assessments conducted under the
Implementing Recommendations of the 9/11
Commission Act of 2007 across all
transportation modes and realistic deadlines
for addressing security needs associated with
those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and
cost-effective means of defending those assets
against threats to their security.
(D) A forward-looking strategic plan that
sets forth the agreed upon roles and missions
of Federal, State, regional, local, and tribal
authorities and establishes mechanisms for
encouraging cooperation and participation by
private sector entities, including nonprofit
employee labor organizations, in the
implementation of such plan.
(E) A comprehensive delineation of
prevention, response, and recovery
responsibilities and issues regarding
threatened and executed acts of terrorism
within the United States and threatened and
executed acts of terrorism outside the United
States to the extent such acts affect United
States transportation systems.
(F) A prioritization of research and
development objectives that support
transportation security needs, giving a higher
priority to research and development directed
toward protecting vital transportation assets.
Transportation security research and
development projects shall be based, to the
extent practicable, on such prioritization.
Nothing in the preceding sentence shall be
construed to require the termination of any
research or development project initiated by
the Secretary of Homeland Security or the
Secretary of Transportation before the date of
enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007.
(G) A 3- and 10-year budget for Federal
transportation security programs that will
achieve the priorities of the National Strategy
for Transportation Security.
(H) Methods for linking the individual
transportation modal security plans and the
programs contained therein, and a plan for
addressing the security needs of intermodal
transportation.
(I) Transportation modal security plans
described in paragraph (1)(B), including
operational recovery plans to expedite, to the
maximum extent practicable, the return to
operation of an adversely affected
transportation system following a major
terrorist attack on that system or other
incident. These plans shall be coordinated with
the resumption of trade protocols required
under section 202 of the SAFE Port Act (6
U.S.C. 942) and the National Maritime
Transportation Security Plan required under
section 70103(a) of title 46.
(4) Submissions of plans to Congress.--
(A) Initial strategy.--The Secretary of
Homeland Security shall submit the National
Strategy for Transportation Security, including
the transportation modal security plans,
developed under this subsection to the
appropriate congressional committees not later
than April 1, 2005.
(B) Subsequent versions.--After December 31,
2005, the Secretary of Homeland Security shall
submit the National Strategy for Transportation
Security, including the transportation modal
security plans and any revisions to the
National Strategy for Transportation Security
and the transportation modal security plans, to
appropriate congressional committees not less
frequently than April 1 of each even-numbered
year.
(C) Periodic progress report.--
(i) Requirement for report.--Each
year, in conjunction with the
submission of the budget to Congress
under section 1105(a) of title 31,
United States Code, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees an
assessment of the progress made on
implementing the National Strategy for
Transportation Security, including the
transportation modal security plans.
(ii) Content.--Each progress report
submitted under this subparagraph shall
include, at a minimum, the following:
(I) Recommendations for
improving and implementing the
National Strategy for
Transportation Security and the
transportation modal and
intermodal security plans that
the Secretary of Homeland
Security, in consultation with
the Secretary of
Transportation, considers
appropriate.
(II) An accounting of all
grants for transportation
security, including grants and
contracts for research and
development, awarded by the
Secretary of Homeland Security
in the most recent fiscal year
and a description of how such
grants accomplished the goals
of the National Strategy for
Transportation Security.
(III) An accounting of all--
(aa) funds requested
in the President's
budget submitted
pursuant to section
1105 of title 31 for
the most recent fiscal
year for transportation
security, by mode;
(bb) personnel
working on
transportation security
by mode, including the
number of contractors;
and
(cc) information on
the turnover in the
previous year among
senior staff of the
Department of Homeland
Security, including
component agencies,
working on
transportation security
issues. Such
information shall
include the number of
employees who have
permanently left the
office, agency, or area
in which they worked,
and the amount of time
that they worked for
the Department.
(iii) Written explanation of
transportation security activities not
delineated in the National Strategy for
Transportation Security.--At the end of
each fiscal year, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees a
written explanation of any Federal
transportation security activity that
is inconsistent with the National
Strategy for Transportation Security,
including the amount of funds to be
expended for the activity and the
number of personnel involved.
(D) Classified material.--Any part of the
National Strategy for Transportation Security
or the transportation modal security plans that
involve information that is properly classified
under criteria established by Executive order
shall be submitted to the appropriate
congressional committees separately in a
classified format.
(E) Appropriate congressional committees
defined.--In this subsection, the term
``appropriate congressional committees'' means
the Committee on Transportation and
Infrastructure and the Committee on Homeland
Security of the House of Representatives and
the Committee on Commerce, Science, and
Transportation, the Committee on Homeland
Security and Governmental Affairs, and the
Committee on Banking, Housing, and Urban
Affairs of the Senate.
(5) Priority status.--
(A) In general.--The National Strategy for
Transportation Security shall be the governing
document for Federal transportation security
efforts.
(B) Other plans and reports.--The National
Strategy for Transportation Security shall
include, as an integral part or as an
appendix--
(i) the current National Maritime
Transportation Security Plan under
section 70103 of title 46;
(ii) the report required by section
44938 of this title;
(iii) transportation modal security
plans required under this section;
(iv) the transportation sector
specific plan required under Homeland
Security Presidential Directive-7; and
(v) any other transportation security
plan or report that the Secretary of
Homeland Security determines
appropriate for inclusion.
(6) Coordination.--In carrying out the
responsibilities under this section, the Secretary of
Homeland Security, in coordination with the Secretary
of Transportation, shall consult, as appropriate, with
Federal, State, and local agencies, tribal governments,
private sector entities (including nonprofit employee
labor organizations), institutions of higher learning,
and other entities.
(7) Plan distribution.--The Secretary of Homeland
Security shall make available and appropriately
publicize an unclassified version of the National
Strategy for Transportation Security, including its
component transportation modal security plans, to
Federal, State, regional, local and tribal authorities,
transportation system owners or operators, private
sector stakeholders, including nonprofit employee labor
organizations representing transportation employees,
institutions of higher learning, and other appropriate
entities.
(u) Transportation Security Information Sharing Plan.--
(1) Definitions.--In this subsection:
(A) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' has the meaning given that term in
subsection (t).
(B) Plan.--The term ``Plan'' means the
Transportation Security Information Sharing
Plan established under paragraph (2).
(C) Public and private stakeholders.--The
term ``public and private stakeholders'' means
Federal, State, and local agencies, tribal
governments, and appropriate private entities,
including nonprofit employee labor
organizations representing transportation
employees.
(D) Secretary.--The term ``Secretary'' means
the Secretary of Homeland Security.
(E) Transportation security information.--The
term ``transportation security information''
means information relating to the risks to
transportation modes, including aviation,
public transportation, railroad, ferry,
highway, maritime, pipeline, and over-the-road
bus transportation, and may include specific
and general intelligence products, as
appropriate.
(2) Establishment of plan.--The Secretary of Homeland
Security, in consultation with the program manager of
the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), the Secretary of
Transportation, and public and private stakeholders,
shall establish a Transportation Security Information
Sharing Plan. In establishing the Plan, the Secretary
shall gather input on the development of the Plan from
private and public stakeholders and the program manager
of the information sharing environment established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485).
(3) Purpose of Plan.--The Plan shall promote sharing
of transportation security information between the
Department of Homeland Security and public and private
stakeholders.
(4) Content of Plan.--The Plan shall include--
(A) a description of how intelligence
analysts within the Department of Homeland
Security will coordinate their activities
within the Department and with other Federal,
State, and local agencies, and tribal
governments, including coordination with
existing modal information sharing centers and
the center described in section 1410 of the
Implementing Recommendations of the 9/11
Commission Act of 2007;
(B) the establishment of a point of contact,
which may be a single point of contact within
the Department of Homeland Security, for each
mode of transportation for the sharing of
transportation security information with public
and private stakeholders, including an
explanation and justification to the
appropriate congressional committees if the
point of contact established pursuant to this
subparagraph differs from the agency within the
Department that has the primary authority, or
has been delegated such authority by the
Secretary, to regulate the security of that
transportation mode;
(C) a reasonable deadline by which the Plan
will be implemented; and
(D) a description of resource needs for
fulfilling the Plan.
(5) Coordination with information sharing.--The Plan
shall be--
(A) implemented in coordination, as
appropriate, with the program manager for the
information sharing environment established
under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485); and
(B) consistent with the establishment of the
information sharing environment and any
policies, guidelines, procedures, instructions,
or standards established by the President or
the program manager for the implementation and
management of the information sharing
environment.
(6) Reports to Congress.--
(A) In general.--Not later than 150 days
after the date of enactment of this subsection,
and annually thereafter, the Secretary shall
submit to the appropriate congressional
committees, a report containing the Plan.
(B) Annual report.--Not later than 1 year
after the date of enactment of this subsection,
the Secretary shall submit to the appropriate
congressional committees a report on updates to
and the implementation of the Plan.
[(7) Survey and report.--
[(A) In general.--The Comptroller General of
the United States shall conduct a biennial
survey of the satisfaction of recipients of
transportation intelligence reports
disseminated under the Plan.
[(B) Information sought.--The survey
conducted under subparagraph (A) shall seek
information about the quality, speed,
regularity, and classification of the
transportation security information products
disseminated by the Department of Homeland
Security to public and private stakeholders.
[(C) Report.--Not later than 1 year after the
date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, and every even numbered year thereafter,
the Comptroller General shall submit to the
appropriate congressional committees, a report
on the results of the survey conducted under
subparagraph (A). The Comptroller General shall
also provide a copy of the report to the
Secretary.]
[(8)] (7) Security clearances.--The Secretary shall,
to the greatest extent practicable, take steps to
expedite the security clearances needed for designated
public and private stakeholders to receive and obtain
access to classified information distributed under this
section, as appropriate.
[(9)] (8) Classification of material.--The Secretary,
to the greatest extent practicable, shall provide
designated public and private stakeholders with
transportation security information in an unclassified
format.
(v) Enforcement of Regulations and Orders of the Secretary of
Homeland Security.--
(1) Application of subsection.--
(A) In general.--This subsection applies to
the enforcement of regulations prescribed, and
orders issued, by the Secretary of Homeland
Security under a provision of chapter 701 of
title 46 and under a provision of this title
other than a provision of chapter 449 (in this
subsection referred to as an ``applicable
provision of this title'').
(B) Violations of chapter 449.--The penalties
for violations of regulations prescribed and
orders issued by the Secretary of Homeland
Security under chapter 449 of this title are
provided under chapter 463 of this title.
(C) Nonapplication to certain violations.--
(i) Paragraphs (2) through (5) do not
apply to violations of regulations
prescribed, and orders issued, by the
Secretary of Homeland Security under a
provision of this title--
(I) involving the
transportation of personnel or
shipments of materials by
contractors where the
Department of Defense has
assumed control and
responsibility;
(II) by a member of the armed
forces of the United States
when performing official
duties; or
(III) by a civilian employee
of the Department of Defense
when performing official
duties.
(ii) Violations described in
subclause (I), (II), or (III) of clause
(i) shall be subject to penalties as
determined by the Secretary of Defense
or the Secretary's designee.
(2) Civil penalty.--
(A) In general.--A person is liable to the
United States Government for a civil penalty of
not more than $10,000 for a violation of a
regulation prescribed, or order issued, by the
Secretary of Homeland Security under an
applicable provision of this title.
(B) Repeat violations.--A separate violation
occurs under this paragraph for each day the
violation continues.
(3) Administrative imposition of civil penalties.--
(A) In general.--The Secretary of Homeland
Security may impose a civil penalty for a
violation of a regulation prescribed, or order
issued, under an applicable provision of this
title. The Secretary shall give written notice
of the finding of a violation and the penalty.
(B) Scope of civil action.--In a civil action
to collect a civil penalty imposed by the
Secretary under this subsection, a court may
not re-examine issues of liability or the
amount of the penalty.
(C) Jurisdiction.--The district courts of the
United States shall have exclusive jurisdiction
of civil actions to collect a civil penalty
imposed by the Secretary under this subsection
if--
(i) the amount in controversy is more
than--
(I) $400,000, if the
violation was committed by a
person other than an individual
or small business concern; or
(II) $50,000 if the violation
was committed by an individual
or small business concern;
(ii) the action is in rem or another
action in rem based on the same
violation has been brought; or
(iii) another action has been brought
for an injunction based on the same
violation.
(D) Maximum penalty.--The maximum civil
penalty the Secretary administratively may
impose under this paragraph is--
(i) $400,000, if the violation was
committed by a person other than an
individual or small business concern;
or
(ii) $50,000, if the violation was
committed by an individual or small
business concern.
(E) Notice and opportunity to request
hearing.--Before imposing a penalty under this
section the Secretary shall provide to the
person against whom the penalty is to be
imposed--
(i) written notice of the proposed
penalty; and
(ii) the opportunity to request a
hearing on the proposed penalty, if the
Secretary receives the request not
later than 30 days after the date on
which the person receives notice.
(4) Compromise and setoff.--
(A) The Secretary may compromise the amount
of a civil penalty imposed under this
subsection.
(B) The Government may deduct the amount of a
civil penalty imposed or compromised under this
subsection from amounts it owes the person
liable for the penalty.
(5) Investigations and proceedings.--Chapter 461
shall apply to investigations and proceedings brought
under this subsection to the same extent that it
applies to investigations and proceedings brought with
respect to aviation security duties designated to be
carried out by the Secretary.
(6) Definitions.--In this subsection:
(A) Person.--The term ``person'' does not
include--
(i) the United States Postal Service;
or
(ii) the Department of Defense.
(B) Small business concern.--The term ``small
business concern'' has the meaning given that
term in section 3 of the Small Business Act (15
U.S.C. 632).
(7) Enforcement transparency.--
(A) In general.--Not later than December 31,
2008, and annually thereafter, the Secretary
shall--
(i) provide an annual summary to the
public of all enforcement actions taken
by the Secretary under this subsection;
and
(ii) include in each such summary the
docket number of each enforcement
action, the type of alleged violation,
the penalty or penalties proposed, and
the final assessment amount of each
penalty.
(B) Electronic availability.--Each summary
under this paragraph shall be made available to
the public by electronic means.
(C) Relationship to the Freedom of
Information Act and the Privacy Act.--Nothing
in this subsection shall be construed to
require disclosure of information or records
that are exempt from disclosure under sections
552 or 552a of title 5.
(D) Enforcement guidance.--Not later than 180
days after the enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, the Secretary shall provide a report to
the public describing the enforcement process
established under this subsection.
(w) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Homeland Security for--
(1) railroad security--
(A) $488,000,000 for fiscal year 2008;
(B) $483,000,000 for fiscal year 2009;
(C) $508,000,000 for fiscal year 2010; and
(D) $508,000,000 for fiscal year 2011;
(2) over-the-road bus and trucking security--
(A) $14,000,000 for fiscal year 2008;
(B) $27,000,000 for fiscal year 2009;
(C) $27,000,000 for fiscal year 2010; and
(D) $27,000,000 for fiscal year 2011; and
(3) hazardous material and pipeline security--
(A) $12,000,000 for fiscal year 2008;
(B) $12,000,000 for fiscal year 2009; and
(C) $12,000,000 for fiscal year 2010.
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 449--SECURITY
* * * * * * *
SUBCHAPTER I--REQUIREMENTS
Sec. 44901. Screening passengers and property
(a) In General.--The Under Secretary of Transportation for
Security shall provide for the screening of all passengers and
property, including United States mail, cargo, carry-on and
checked baggage, and other articles, that will be carried
aboard a passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation. In the case of flights and flight segments
originating in the United States, the screening shall take
place before boarding and shall be carried out by a Federal
Government employee (as defined in section 2105 of title 5,
United States Code), except as otherwise provided in section
44919 or 44920 and except for identifying passengers and
baggage for screening under the CAPPS and known shipper
programs and conducting positive bag-match programs.
(b) Supervision of Screening.--All screening of passengers
and property at airports in the United States where screening
is required under this section shall be supervised by uniformed
Federal personnel of the Transportation Security Administration
who shall have the power to order the dismissal of any
individual performing such screening.
(c) Establishment of Screening System for Certain
Passengers.--Not later than December 31, 2017, in accordance
with the requirements of the Transportation Security
Administration Reform and Improvement Act of 2015, the
Administrator of the Transportation Security Administration
shall establish a secure, automated system at all large hub
airports for verifying travel and identity documents of
passengers who are not members of the Administration's risk-
based aviation passenger screening program, known as ``TSA
PreCheck''. Such system shall--
(1) assess the need for security screening personnel
to perform travel document verification for such
passengers, thereby assessing the overall number of
such screening personnel;
(2) assess the average wait time of such passengers;
(3) assess overall operating expenses of the
Administration;
(4) be integrated with the Administration's watch
list matching program; and
(5) be integrated with other checkpoint technologies
to further facilitate risk-based passenger screening at
the checkpoint, to the extent practicable and
consistent with security standards.
[(c)] (d) Checked Baggage.--A system must be in operation to
screen all checked baggage at all airports in the United States
as soon as practicable but not later than the 60th day
following the date of enactment of the Aviation and
Transportation Security Act.
[(d)] (e) Explosives Detection Systems.--
(1) In general.--The Under Secretary of
Transportation for Security shall take all necessary
action to ensure that--
(A) explosives detection systems are deployed
as soon as possible to ensure that all United
States airports described in section 44903(c)
have sufficient explosives detection systems to
screen all checked baggage no later than
December 31, 2002, and that as soon as such
systems are in place at an airport, all checked
baggage at the airport is screened by those
systems; and
(B) all systems deployed under subparagraph
(A) are fully utilized; and
(C) if explosives detection equipment at an
airport is unavailable, all checked baggage is
screened by an alternative means.
(2) Deadline.--
(A) In general.--If, in his discretion or at
the request of an airport, the Under Secretary
of Transportation for Security determines that
the Transportation Security Administration is
not able to deploy explosives detection systems
required to be deployed under paragraph (1) at
all airports where explosives detection systems
are required by December 31, 2002, then with
respect to each airport for which the Under
Secretary makes that determination--
(i) the Under Secretary shall submit
to the Senate Committee on Commerce,
Science, and Transportation and the
House of Representatives Committee on
Transportation and Infrastructure a
detailed plan (which may be submitted
in classified form) for the deployment
of the number of explosives detection
systems at that airport necessary to
meet the requirements of paragraph (1)
as soon as practicable at that airport
but in no event later than December 31,
2003; and
(ii) the Under Secretary shall take
all necessary action to ensure that
alternative means of screening all
checked baggage is implemented until
the requirements of paragraph (1) have
been met.
(B) Criteria for determination.--In making a
determination under subparagraph (A), the Under
Secretary shall take into account--
(i) the nature and extent of the
required modifications to the airport's
terminal buildings, and the technical,
engineering, design and construction
issues;
(ii) the need to ensure that such
installations and modifications are
effective; and
(iii) the feasibility and cost-
effectiveness of deploying explosives
detection systems in the baggage
sorting area or other non-public area
rather than the lobby of an airport
terminal building.
(C) Response.--The Under Secretary shall
respond to the request of an airport under
subparagraph (A) within 14 days of receiving
the request. A denial of request shall create
no right of appeal or judicial review.
(D) Airport effort required.--Each airport
with respect to which the Under Secretary makes
a determination under subparagraph (A) shall--
(i) cooperate fully with the
Transportation Security Administration
with respect to screening checked
baggage and changes to accommodate
explosives detection systems; and
(ii) make security projects a
priority for the obligation or
expenditure of funds made available
under chapter 417 or 471 until
explosives detection systems required
to be deployed under paragraph (1) have
been deployed at that airport.
(3) Reports.--Until the Transportation Security
Administration has met the requirements of paragraph
(1), the Under Secretary shall submit a classified
report every 30 days after the date of enactment of
this Act to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Transportation and Infrastructure
describing the progress made toward meeting such
requirements at each airport.
(4) Preclearance airports.--
(A) In general.--For a flight or flight
segment originating at an airport outside the
United States and traveling to the United
States with respect to which checked baggage
has been screened in accordance with an
aviation security preclearance agreement
between the United States and the country in
which such airport is located, the Assistant
Secretary (Transportation Security
Administration) may, in coordination with U.S.
Customs and Border Protection, determine
whether such baggage must be re-screened in the
United States by an explosives detection system
before such baggage continues on any additional
flight or flight segment.
(B) Aviation security preclearance agreement
defined.--In this paragraph, the term
``aviation security preclearance agreement''
means an agreement that delineates and
implements security standards and protocols
that are determined by the Assistant Secretary,
in coordination with U.S. Customs and Border
Protection, to be comparable to those of the
United States and therefore sufficiently
effective to enable passengers to deplane into
sterile areas of airports in the United States.
(C) Report.--The Assistant Secretary shall
submit to the Committee on Homeland Security of
the House of Representatives, the Committee on
Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland Security
and Governmental Affairs of the Senate an
annual report on the re-screening of baggage
under this paragraph. Each such report shall
include the following for the year covered by
the report:
(i) A list of airports outside the
United States from which a flight or
flight segment traveled to the United
States for which the Assistant
Secretary determined, in accordance
with the authority under subparagraph
(A), that checked baggage was not
required to be re-screened in the
United States by an explosives
detection system before such baggage
continued on an additional flight or
flight segment.
(ii) The amount of Federal savings
generated from the exercise of such
authority.
[(e)] (f) Mandatory Screening Where EDS Not Yet Available.--
As soon as practicable but not later than the 60th day
following the date of enactment of the Aviation and
Transportation Security Act and until the requirements of
subsection (b)(1)(A) are met, the Under Secretary shall require
alternative means for screening any piece of checked baggage
that is not screened by an explosives detection system. Such
alternative means may include 1 or more of the following:
(1) A bag-match program that ensures that no checked
baggage is placed aboard an aircraft unless the
passenger who checked the baggage is aboard the
aircraft.
(2) Manual search.
(3) Search by canine explosives detection units in
combination with other means.
(4) Other means or technology approved by the Under
Secretary.
[(f)] (g) Cargo Deadline.--A system must be in operation to
screen, inspect, or otherwise ensure the security of all cargo
that is to be transported in all-cargo aircraft in air
transportation and intrastate air transportation as soon as
practicable after the date of enactment of the Aviation and
Transportation Security Act.
[(g)] (h) Air Cargo on Passenger Aircraft.--
(1) In general.--Not later than 3 years after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary of
Homeland Security shall establish a system to screen
100 percent of cargo transported on passenger aircraft
operated by an air carrier or foreign air carrier in
air transportation or intrastate air transportation to
ensure the security of all such passenger aircraft
carrying cargo.
(2) Minimum standards.--The system referred to in
paragraph (1) shall require, at a minimum, that
equipment, technology, procedures, personnel, or other
methods approved by the Administrator of the
Transportation Security Administration, are used to
screen cargo carried on passenger aircraft described in
paragraph (1) to provide a level of security
commensurate with the level of security for the
screening of passenger checked baggage as follows:
(A) 50 percent of such cargo is so screened
not later than 18 months after the date of
enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007.
(B) 100 percent of such cargo is so screened
not later than 3 years after such date of
enactment.
(3) Regulations.--
(A) Interim final rule.--The Secretary of
Homeland Security may issue an interim final
rule as a temporary regulation to implement
this subsection without regard to the
provisions of chapter 5 of title 5.
(B) Final rule.--
(i) In general.--If the Secretary
issues an interim final rule under
subparagraph (A), the Secretary shall
issue, not later than one year after
the effective date of the interim final
rule, a final rule as a permanent
regulation to implement this subsection
in accordance with the provisions of
chapter 5 of title 5.
(ii) Failure to act.--If the
Secretary does not issue a final rule
in accordance with clause (i) on or
before the last day of the one-year
period referred to in clause (i), the
Secretary shall submit to the Committee
on Homeland Security of the House of
Representatives, Committee on Commerce,
Science, and Transportation of the
Senate, and the Committee on Homeland
Security and Governmental Affairs of
the Senate a report explaining why the
final rule was not timely issued and
providing an estimate of the earliest
date on which the final rule will be
issued. The Secretary shall submit the
first such report within 10 days after
such last day and submit a report to
the Committees containing updated
information every 30 days thereafter
until the final rule is issued.
(iii) Superceding of interim final
rule.--The final rule issued in
accordance with this subparagraph shall
supersede the interim final rule issued
under subparagraph (A).
(4) Report.--Not later than 1 year after the date of
establishment of the system under paragraph (1), the
Secretary shall submit to the Committees referred to in
paragraph (3)(B)(ii) a report that describes the
system.
(5) Screening defined.--In this subsection the term
``screening'' means a physical examination or non-
intrusive methods of assessing whether cargo poses a
threat to transportation security. Methods of screening
include x-ray systems, explosives detection systems,
explosives trace detection, explosives detection canine
teams certified by the Transportation Security
Administration, or a physical search together with
manifest verification. The Administrator may approve
additional methods to ensure that the cargo does not
pose a threat to transportation security and to assist
in meeting the requirements of this subsection. Such
additional cargo screening methods shall not include
solely performing a review of information about the
contents of cargo or verifying the identity of a
shipper of the cargo that is not performed in
conjunction with other security methods authorized
under this subsection, including whether a known
shipper is registered in the known shipper database.
Such additional cargo screening methods may include a
program to certify the security methods used by
shippers pursuant to paragraphs (1) and (2) and
alternative screening methods pursuant to exemptions
referred to in subsection (b) of section 1602 of the
Implementing Recommendations of the 9/11 Commission Act
of 2007.
[(h)] (i) Deployment of Armed Personnel.--
(1) In general.--The Under Secretary shall order the
deployment of law enforcement personnel authorized to
carry firearms at each airport security screening
location to ensure passenger safety and national
security.
(2) Minimum requirements.--Except at airports
required to enter into agreements under subsection (c),
the Under Secretary shall order the deployment of at
least 1 law enforcement officer at each airport
security screening location. At the 100 largest
airports in the United States, in terms of annual
passenger enplanements for the most recent calendar
year for which data are available, the Under Secretary
shall order the deployment of additional law
enforcement personnel at airport security screening
locations if the Under Secretary determines that the
additional deployment is necessary to ensure passenger
safety and national security.
[(i)] (j) Exemptions and Advising Congress on Regulations.--
The Under Secretary--
(1) may exempt from this section air transportation
operations, except scheduled passenger operations of an
air carrier providing air transportation under a
certificate issued under section 41102 of this title or
a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to be
prescribed under this section at least 30 days before
the effective date of the regulation, unless the Under
Secretary decides an emergency exists requiring the
regulation to become effective in fewer than 30 days
and notifies Congress of that decision.
[(j)] (k) Blast-Resistant Cargo Containers.--
(1) In general.--Before January 1, 2008, the
Administrator of the Transportation Security
Administration shall--
(A) evaluate the results of the blast-
resistant cargo container pilot program that
was initiated before the date of enactment of
this subsection; and
(B) prepare and distribute through the
Aviation Security Advisory Committee to the
appropriate Committees of Congress and air
carriers a report on that evaluation which may
contain nonclassified and classified sections.
(2) Acquisition, maintenance, and replacement.--Upon
completion and consistent with the results of the
evaluation that paragraph (1)(A) requires, the
Administrator shall--
(A) develop and implement a program, as the
Administrator determines appropriate, to
acquire, maintain, and replace blast-resistant
cargo containers;
(B) pay for the program; and
(C) make available blast-resistant cargo
containers to air carriers pursuant to
paragraph (3).
(3) Distribution to air carriers.--The Administrator
shall make available, beginning not later than July 1,
2008, blast-resistant cargo containers to air carriers
for use on a risk managed basis as determined by the
Administrator.
[(k)] (l) General Aviation Airport Security Program.--
(1) In general.--Not later than one year after the
date of enactment of this subsection, the Administrator
of the Transportation Security Administration shall--
(A) develop a standardized threat and
vulnerability assessment program for general
aviation airports (as defined in section
47134(m)); and
(B) implement a program to perform such
assessments on a risk-managed basis at general
aviation airports.
(2) Grant program.--Not later than 6 months after the
date of enactment of this subsection, the Administrator
shall initiate and complete a study of the feasibility
of a program, based on a risk-managed approach, to
provide grants to operators of general aviation
airports (as defined in section 47134(m)) for projects
to upgrade security at such airports. If the
Administrator determines that such a program is
feasible, the Administrator shall establish such a
program.
(3) Application to general aviation aircraft.--Not
later than 180 days after the date of enactment of this
subsection, the Administrator shall develop a risk-
based system under which--
(A) general aviation aircraft, as identified
by the Administrator, in coordination with the
Administrator of the Federal Aviation
Administration, are required to submit
passenger information and advance notification
requirements for United States Customs and
Border Protection before entering United States
airspace; and
(B) such information is checked against
appropriate databases.
(4) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator of
the Transportation Security Administration such sums as
may be necessary to carry out paragraphs (2) and (3).
[(l)] (m) Limitations on Use of Advanced Imaging Technology
for Screening Passengers.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Advanced imaging technology.--The term
``advanced imaging technology''--
(i) means a device used in the
screening of passengers that creates a
visual image of an individual showing
the surface of the skin and revealing
other objects on the body; and
(ii) may include devices using
backscatter x-rays or millimeter waves
and devices referred to as ``whole-body
imaging technology'' or ``body scanning
machines''.
(B) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' means--
(i) the Committee on Commerce,
Science, and Transportation and the
Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Homeland
Security of the House of
Representatives.
(C) Automatic target recognition software.--
The term ``automatic target recognition
software'' means software installed on an
advanced imaging technology that produces a
generic image of the individual being screened
that is the same as the images produced for all
other screened individuals.
(2) Use of advanced imaging technology.--Beginning
June 1, 2012, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall
ensure that any advanced imaging technology used for
the screening of passengers under this section--
(A) is equipped with and employs automatic
target recognition software; and
(B) complies with such other requirements as
the Assistant Secretary determines necessary to
address privacy considerations.
(3) Extension.--
(A) In general.--The Assistant Secretary may
extend the deadline specified in paragraph (2),
if the Assistant Secretary determines that--
(i) an advanced imaging technology
equipped with automatic target
recognition software is not
substantially as effective at screening
passengers as an advanced imaging
technology without such software; or
(ii) additional testing of such
software is necessary.
(B) Duration of extensions.--The Assistant
Secretary may issue one or more extensions
under subparagraph (A). The duration of each
extension may not exceed one year.
(4) Reports.--
(A) In general.--Not later than 60 days after
the deadline specified in paragraph (2), and
not later than 60 days after the date on which
the Assistant Secretary issues any extension
under paragraph (3), the Assistant Secretary
shall submit to the appropriate congressional
committees a report on the implementation of
this subsection.
(B) Elements.--A report submitted under
subparagraph (A) shall include the following:
(i) A description of all matters the
Assistant Secretary considers relevant
to the implementation of the
requirements of this subsection.
(ii) The status of compliance by the
Transportation Security Administration
with such requirements.
(iii) If the Administration is not in
full compliance with such
requirements--
(I) the reasons for the
noncompliance; and
(II) a timeline depicting
when the Assistant Secretary
expects the Administration to
achieve full compliance.
(C) Security classification.--To the greatest
extent practicable, a report prepared under
subparagraph (A) shall be submitted in an
unclassified format. If necessary, the report
may include a classified annex.
* * * * * * *
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
* * * * * * *
Sec. 44946. Aviation Security Advisory Committee
(a) Establishment.--The Assistant Secretary shall establish
within the Transportation Security Administration an aviation
security advisory committee.
(b) Duties.--
(1) In general.--The Assistant Secretary shall
consult the Advisory Committee, as appropriate, on
aviation security matters, including on the
development, refinement, and implementation of
policies, programs, rulemaking, and security directives
pertaining to aviation security, while adhering to
sensitive security guidelines.
(2) Recommendations.--
(A) In general.--The Advisory Committee shall
develop, at the request of the Assistant
Secretary, recommendations for improvements to
aviation security.
(B) Recommendations of subcommittees.--
Recommendations agreed upon by the
subcommittees established under this section
shall be approved by the Advisory Committee
before transmission to the Assistant Secretary.
(3) Periodic reports.--The Advisory Committee shall
periodically submit to the Assistant Secretary--
(A) reports on matters identified by the
Assistant Secretary; and
(B) reports on other matters identified by a
majority of the members of the Advisory
Committee.
(4) Annual report.--The Advisory Committee shall
submit to the Assistant Secretary an annual report
providing information on the activities, findings, and
recommendations of the Advisory Committee, including
its subcommittees, for the preceding year. Not later
than 6 months after the date that the Secretary
receives the annual report, the Secretary shall publish
a public version describing the Advisory Committee's
activities and such related matters as would be
informative to the public consistent with the policy of
section 552(b) of title 5.
(5) Feedback.--Not later than 90 days after receiving
recommendations transmitted by the Advisory Committee
under paragraph (4), the Assistant Secretary shall
respond in writing to the Advisory Committee with
feedback on each of the recommendations, an action plan
to implement any of the recommendations with which the
Assistant Secretary concurs, and a justification for
why any of the recommendations have been rejected.
(6) Congressional notification.--Not later than 30
days after providing written feedback to the Advisory
Committee under paragraph (5), the Assistant Secretary
shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Homeland Security of the House of Representatives on
such feedback, and provide a briefing upon request.
(7) Report to Congress.--Prior to briefing the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Homeland Security of
the House of Representatives under paragraph (6), the
Assistant Secretary shall submit to such committees a
report containing information relating to the
recommendations transmitted by the Advisory Committee
in accordance with paragraph (4).
(c) Membership.--
(1) Appointment.--
(A) In general.--Not later than 180 days
after the date of enactment of the Aviation
Security Stakeholder Participation Act of 2014,
the Assistant Secretary shall appoint the
members of the Advisory Committee.
(B) Composition.--The membership of the
Advisory Committee shall consist of individuals
representing not more than 34 member
organizations. Each organization shall be
represented by 1 individual (or the
individual's designee).
(C) Representation.--The membership of the
Advisory Committee shall include
representatives of air carriers, all- cargo air
transportation, indirect air carriers, labor
organizations representing air carrier
employees, labor organizations representing
transportation security officers, aircraft
manufacturers, airport operators, airport
construction and maintenance contractors, labor
organizations representing employees of airport
construction and maintenance contractors,
general aviation, privacy organizations, the
travel industry, airport-based businesses
(including minority-owned small businesses),
businesses that conduct security screening
operations at airports, aeronautical repair
stations, passenger advocacy groups, the
aviation security technology industry
(including screening technology and
biometrics), victims of terrorist acts against
aviation, and law enforcement and security
experts.
(2) Term of office.--
[(A) Terms.--The term of each member of the
Advisory Committee shall be 2 years. A member
of the Advisory Committee may be reappointed.]
(A) Terms.--The term of each member of the
Advisory Committee shall be two years but may
continue until such time as a successor member
begins serving on the Advisory Committee. A
member of the Advisory Committee may be
reappointed.
(B) Removal.--The Assistant Secretary may
review the participation of a member of the
Advisory Committee and remove such member for
cause at any time.
(3) Prohibition on compensation.--The members of the
Advisory Committee shall not receive pay, allowances,
or benefits from the Government by reason of their
service on the Advisory Committee.
(4) Meetings.--
(A) In general.--The Assistant Secretary
shall require the Advisory Committee to meet at
least semiannually and may convene additional
meetings as necessary.
(B) Public meetings.--At least 1 of the
meetings described in subparagraph (A) shall be
open to the public.
(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at
each meeting.
(5) Member access to sensitive security
information.--Not later than 60 days after the date of
a member's appointment, the Assistant Secretary shall
determine if there is cause for the member to be
restricted from possessing sensitive security
information. Without such cause, and upon the member
voluntarily signing a non-disclosure agreement, the
member may be granted access to sensitive security
information that is relevant to the member's advisory
duties. The member shall protect the sensitive security
information in accordance with part 1520 of title 49,
Code of Federal Regulations.
(6) Chairperson.--A stakeholder representative on the
Advisory Committee who is elected by the appointed
membership of the Advisory Committee shall chair the
Advisory Committee.
(d) Subcommittees.--
(1) Membership.--The Advisory Committee chairperson,
in coordination with the Assistant Secretary, may
establish within the Advisory Committee any
subcommittee that the Assistant Secretary and Advisory
Committee determine to be necessary. The Assistant
Secretary and the Advisory Committee shall create
subcommittees to address aviation security issues,
including the following:
(A) Air cargo security.--The implementation
of the air cargo security programs established
by the Transportation Security Administration
to screen air cargo on passenger aircraft and
all-cargo aircraft in accordance with
established cargo screening mandates.
(B) General aviation.--General aviation
facilities, general aviation aircraft, and
helicopter operations at general aviation and
commercial service airports.
(C) Perimeter and access control.--
Recommendations on airport perimeter security,
exit lane security and technology at commercial
service airports, and access control issues.
(D) Security technology.--Security technology
standards and requirements, including their
harmonization internationally, technology to
screen passengers, passenger baggage, carry-on
baggage, and cargo, and biometric technology.
(2) Risk-based security.--All subcommittees
established by the Advisory Committee chairperson in
coordination with the Assistant Secretary shall
consider risk-based security approaches in the
performance of their functions that weigh the optimum
balance of costs and benefits in transportation
security, including for passenger screening, baggage
screening, air cargo security policies, and general
aviation security matters.
(3) Meetings and reporting.--Each subcommittee shall
meet at least quarterly and submit to the Advisory
Committee for inclusion in the annual report required
under subsection (b)(4) information, including
recommendations, regarding issues within the
subcommittee.
(4) Subcommittee chairs.--Each subcommittee shall be
co-chaired by a Government official and an industry
official.
(e) Subject Matter Experts.--Each subcommittee under this
section shall include subject matter experts with relevant
expertise who are appointed by the respective subcommittee
chairpersons.
(f) Nonapplicability of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee
and its subcommittees.
(g) Definitions.--In this section:
(1) Advisory Committee.--The term ``Advisory
Committee'' means the aviation security advisory
committee established under subsection (a).
(2) Assistant Secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Homeland
Security (Transportation Security Administration).
(3) Perimeter security.--
(A) In general.--The term ``perimeter
security'' means procedures or systems to
monitor, secure, and prevent unauthorized
access to an airport, including its airfield
and terminal.
(B) Inclusions.--The term ``perimeter
security'' includes the fence area surrounding
an airport, access gates, and access controls.
----------
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE XVI--TRANSPORTATION SECURITY
Subtitle A--General Provisions
* * * * * * *
Sec. 1602. Vetting of aviation workers.
Subtitle B--Transportation Security Administration Acquisition
Improvements
* * * * * * *
Subtitle C--Maintenance of Security-Related Technology
Sec. 1621. Maintenance validation and oversight.
* * * * * * *
TITLE XVI--TRANSPORTATION SECURITY
Subtitle A--General Provisions
* * * * * * *
SEC. 1602. VETTING OF AVIATION WORKERS.
(a) In General.--By not later than December 31, 2015, the
Administrator, in coordination with the Assistant Secretary for
Policy of the Department, shall request from the Director of
National Intelligence access to additional data from the
Terrorist Identities Datamart Environment (TIDE) data and any
or other terrorism-related information to improve the
effectiveness of the Administration's credential vetting
program for individuals with unescorted access to sensitive
areas of airports.
(b) Security Inspection.--By not later than December 31,
2015, the Administrator shall issue guidance for Transportation
Security Inspectors to annually review airport badging office
procedures for applicants seeking access to sensitive areas of
airports. Such guidance shall include a comprehensive review of
applicants' Criminal History Records Check (CHRC) and work
authorization documentation during the course of an inspection.
(c) Information Sharing.--By not later than December 31,
2015, the Administrator may conduct a pilot program of the Rap
Back Service, in coordination with the Director of the Federal
Bureau of Investigation, to determine the feasibility of full
implementation of a service through which the Administrator
would be notified of a change in status of an individual
holding a valid credential granting unescorted access to
sensitive areas of airports across eligible Administration-
regulated populations.
(d) Procedures.--The pilot program under subsection (c) shall
evaluate whether information can be narrowly tailored to ensure
that the Administrator only receives notification of a change
with respect to a disqualifying offense under the credential
vetting program under subsection (a), as specified in 49 CFR
1542.209, and in a manner that complies with current
regulations for fingerprint-based criminal history records
checks. The pilot program shall be carried out in a manner so
as to ensure that, in the event that notification is made
through the Rap Back Service of a change but a determination of
arrest status or conviction is in question, the matter will be
handled in a manner that is consistent with current
regulations. The pilot program shall also be carried out in a
manner that is consistent with current regulations governing an
investigation of arrest status, correction of Federal Bureau of
Investigation records and notification of disqualification, and
corrective action by the individual who is the subject of an
inquiry.
(e) Determination and Submission.--If the Administrator
determines that full implementation of the Rap Back Service is
feasible and can be carried out in a manner that is consistent
with current regulations for fingerprint-based criminal history
checks, including the rights of individuals seeking
credentials, the Administrator shall submit such determination,
in writing, to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate, together with information on
the costs associated with such implementation, including the
costs incurred by the private sector. In preparing this
determination, the Administrator shall consult with the Chief
Civil Rights and Civil Liberties Officer of the Department to
ensure that protocols are in place to align the period of
retention of personally identifiable information and biometric
information, including fingerprints, in the Rap Back Service
with the period in which the individual who is the subject of
an inquiry has a valid credential.
(f) Credential Security.--By not later than September 30,
2015, the Administrator shall issue guidance to airports
mandating that all federalized airport badging authorities
place an expiration date on airport credentials commensurate
with the period of time during which an individual is lawfully
authorized to work in the United States.
(g) Aviation Worker Lawful Status.--By not later than
December 31, 2015, the Administrator shall review the denial of
credentials due to issues associated with determining an
applicant's lawful status in order to identify airports with
specific weaknesses and shall coordinate with such airports to
mutually address such weaknesses, as appropriate.
(h) Reports to Congress.--Upon completion of the
determinations and reviews required under this section, the
Administrator shall brief the Committee on Homeland Security
and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate on the results of
such determinations and reviews.
* * * * * * *
Subtitle C--Maintenance of Security-Related Technology
SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.
(a) In General.--Not later than 180 days after the date of
the enactment of this subtitle, the Administrator shall develop
and implement a preventive maintenance validation process for
security-related technology deployed to airports.
(b) Maintenance by Administration Personnel at Airports.--For
maintenance to be carried out by Administration personnel at
airports, the process referred to in subsection (a) shall
include the following:
(1) Guidance to Administration personnel, equipment
maintenance technicians, and other personnel at
airports specifying how to conduct and document
preventive maintenance actions.
(2) Mechanisms for the Administrator to verify
compliance with the guidance issued pursuant to
paragraph (1).
(c) Maintenance by Contractors at Airports.--For maintenance
to be carried out by a contractor at airports, the process
referred to in subsection (a) shall require the following:
(1) Provision of monthly preventive maintenance
schedules to appropriate Administration personnel at
each airport that includes information on each action
to be completed by a contractor.
(2) Notification to appropriate Administration
personnel at each airport when maintenance action is
completed by a contractor.
(3) A process for independent validation by a third
party of contractor maintenance.
(d) Penalties for Noncompliance.--The Administrator shall
require maintenance contracts for security-related technology
deployed to airports to include penalties for noncompliance
when it is determined that either preventive or corrective
maintenance has not been completed according to contractual
requirements and manufacturers' specifications.
* * * * * * *
----------
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
* * * * * * *
TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS
* * * * * * *
SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS
(a) In general.--The Secretary, acting through the
Administrator of the Transportation Security Administration, is
authorized to train, employ, and utilize surface transportation
security inspectors.
(b) Mission.--The Secretary shall use surface transportation
security inspectors to assist surface transportation carriers,
operators, owners, entities, and facilities to enhance their
security against terrorist attack and other security threats
and to assist the Secretary in enforcing applicable surface
transportation security regulations and directives.
(c) Authorities.--Surface transportation security inspectors
employed pursuant to this section shall be authorized such
powers and delegated such responsibilities as the Secretary
determines appropriate, subject to subsection (e).
(d) Requirements.--The Secretary shall require that surface
transportation security inspectors have relevant surface
transportation experience and other security and inspection
qualifications[, as determined appropriate].
(e) Limitations.--
(1) Inspectors.--Surface transportation inspectors
shall be prohibited from issuing fines to public
transportation agencies, as defined in title XIV, for
violations of the Department's regulations or orders
except through the process described in paragraph (2).
(2) Civil penalties.--The Secretary shall be
prohibited from assessing civil penalties against
public transportation agencies, as defined in title
XIV, for violations of the Department's regulations or
orders, except in accordance with the following:
(A) In the case of a public transportation
agency that is found to be in violation of a
regulation or order issued by the Secretary,
the Secretary shall seek correction of the
violation through a written notice to the
public transportation agency and shall give the
public transportation agency reasonable
opportunity to correct the violation or propose
an alternative means of compliance acceptable
to the Secretary.
(B) If the public transportation agency does
not correct the violation or propose an
alternative means of compliance acceptable to
the Secretary within a reasonable time period
that is specified in the written notice, the
Secretary may take any action authorized in
section 114 of title 49, United States Code, as
amended by this Act.
(3) Limitation on secretary.--The Secretary shall not
initiate civil enforcement actions for violations of
administrative and procedural requirements pertaining
to the application for, and expenditure of, funds
awarded under transportation security grant programs
under this Act.
(f) Number of inspectors.--The Secretary shall employ up to a
total of--
(1) 100 surface transportation security inspectors in
fiscal year 2007;
(2) 150 surface transportation security inspectors in
fiscal year 2008;
(3) 175 surface transportation security inspectors in
fiscal year 2009; and
(4) 200 surface transportation security inspectors in
fiscal years 2010 and 2011.
(g) Coordination.--The Secretary shall ensure that the
mission of the surface transportation security inspectors is
consistent with any relevant risk assessments required by this
Act or completed by the Department, the modal plans required
under section 114(t) of title 49, United States Code, the
Memorandum of Understanding between the Department and the
Department of Transportation on Roles and Responsibilities,
dated September 28, 2004, and any and all subsequent annexes to
this Memorandum of Understanding, and other relevant documents
setting forth the Department's transportation security
strategy, as appropriate.
(h) Consultation.--The Secretary shall periodically consult
with the surface transportation entities which are or may be
inspected by the surface transportation security inspectors,
including, as appropriate, railroad carriers, over-the-road bus
operators and terminal owners and operators, motor carriers,
public transportation agencies, owners or operators of
highways, and pipeline operators on--
(1) the inspectors' duties, responsibilities,
authorities, and mission; and
(2) strategies to improve transportation security and
to ensure compliance with transportation security
requirements.
(i) Report.--Not later than September 30, 2008, the
Department of Homeland Security Inspector General shall
transmit a report to the appropriate congressional committees
on the performance and effectiveness of surface transportation
security inspectors, whether there is a need for additional
inspectors, and other recommendations.
(j) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary to carry out this section--
(1) $11,400,000 for fiscal year 2007;
(2) $17,100,000 for fiscal year 2008;
(3) $19,950,000 for fiscal year 2009;
(4) $22,800,000 for fiscal year 2010; and
(5) $22,800,000 for fiscal year 2011.
* * * * * * *