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H.R. 2200 (111th): Transportation Security Administration Authorization Act
- Introduced:
- Apr 30, 2009 (111th Congress, 2009–2010)
- Sponsor:
- Rep. Sheila Jackson Lee [D-TX18]
- Status:
- Died (Passed House)
The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.
Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
6/4/2009.
Title
I
-
Authorization of Appropriations
Section
101
-
Authorizes appropriations to the Secretary of Homeland Security (Secretary) for the Transportation Security Administration (TSA) for FY2010- FY2011.
Section
102
-
Directs the Assistant Secretary of Homeland Security (TSA) (Assistant Secretary) to: (1) report to the appropriate congressional committees on TSA use of a risk-based system for allocating security resources effectively; and (2) include in such report an assessment and prioritization of risks within and across transportation modes, including vulnerability to a cyber attack.
Title
II
-
Aviation Security
Subtitle
A
-
Amendments to Chapter 449
Section
201
-
Directs the Assistant Secretary to establish a risk-based system to verify that all cargo transported on inbound domestic and foreign passenger aircraft to the United States is screened for explosives. Eliminates the bag match program (under which no checked baggage is placed aboard an aircraft unless the passenger who checked the baggage is aboard the aircraft) as an alternate method of baggage screening where explosive detection equipment is available, unless there are exigent circumstances.
Section
202
-
Requires the Assistant Secretary to make sure that advance notice of a covert test of a transportation security system is not provided to any individual (including any security screener) before completion of the test, except for certain federal, state, or local employees and officers and law enforcement officials. Sets forth requirements for the conduct of covert testing. Authorizes the Assistant Secretary to grant a uniform allowance of not less than $300 to a security screener.
Section
203
-
Requires the Assistant Secretary to: (1) develop a plan for a system to verify the identity and status of law enforcement officers flying armed; and (2) conduct a demonstration program to test the system. Authorizes appropriations.
Section
204
-
Requires the Assistant Secretary to establish in the Federal Air Marshal Service an Office of the Ombudsman to carry out programs to improve morale, training, and quality of life issues in the Service.
Section
205
-
Specifies that the Secretary, acting through the Assistant Secretary, shall establish and oversee the federal flight deck officer program under which volunteer pilots of air carriers are deputized as federal law enforcement officers to defend their flight decks against acts of criminal violence or air piracy. Sets forth certain program administration and training requirements, including that training take place at Federal Air Marshal Service facilities.
Section
206
-
Shifts from the Under Secretary to the Assistant Secretary the responsibility for issuing regulations establishing security standards for foreign and domestic repair stations that perform maintenance on U.S. aircraft.
Section
208
-
Directs the Assistant Secretary to require airport security plans to have clear reporting procedures for sharing information among federal, state, and local law enforcement personnel and airport Federal Security Directors.
Section
209
-
Directs the Assistant Secretary to establish in the TSA an Aviation Security Advisory Committee, including an air cargo and general aviation security working groups.
Section
210
-
Directs the Assistant Secretary to carry out a general aviation security grant program for projects to improve perimeter, airfield, and terminal security. Authorizes appropriations.
Section
211
-
Requires the Assistant Secretary to: (1) provide advanced self-defense training of at least five hours every two years for all cabin crewmembers of an aircraft; and (2) plan and carry out a security screening program for individuals with metal implants to limit air travel disruptions.
Section
213
-
Requires the Assistant Secretary, upon implementation of an advanced passenger prescreening system, to prohibit the outsourcing to non-governmental personnel of the security functions of comparing passenger information to the automatic selectee and no fly lists, integrated terrorist watchlists, or any other database derived from such watchlists.
Section
214
-
Requires the Assistant Secretary to:
(1) establish a known air traveler credential that incorporates biometric identifier technology to verify the identity of known air travelers and allow them to bypass airport passenger and carry-on baggage screening;
(2) establish procedures that ensure proper issuance of such credentials and resolve false matches and nonmatches; and
(3) begin issuance of the known air traveler credential to each known air traveler that applies for one.
Defines "known air traveler" to mean a U.S. citizen who:
(1) has received a federal government security clearance;
(2) is an FAA pilot, flight crew member, or cabin crew member;
(3) is a federal, state, local, tribal, or territorial government law enforcement officer;
(4) is an Armed Forces member with a security clearance; or
(4) the Assistant Secretary determines has appropriate security qualifications.
Authorizes appropriations.
Section
215
-
Directs the Assistant Secretary to ensure that whole-body imaging technology is used for the screening of passengers only in accordance with specified requirements.
Prohibits the use of whole-body imaging technology as the sole or primary method of screening aircraft passengers.
Allows its use only if another method of screening, such as metal detection, demonstrates cause for preventing a passenger from boarding an aircraft.
Requires that passengers:
(1) be provided information on the operation of such technology and specified related matters, including privacy policies and the right to request a pat-down search; and
(2) be offered such a pat-down search in lieu of such screening.
Prohibits the storage, transfer, sharing, or copying in any form of an image of a passenger generated by whole-body imaging technology after a boarding determination is made.
Subtitle
B
-
Other Matters
Section
221
-
Requires the Assistant Secretary to develop a strategic risk-based plan to improve airport transportation security that includes best practices to make airport perimeter access controls more secure.
Section
222
-
Directs the Comptroller General to report to Congress on progress made by the Department of Homeland Security (DHS) to implement the advanced passenger prescreening system.
Section
223
-
Requires the Assistant Secretary to carry out a demonstration program to evaluate biometric identifier airport access systems for individuals (including airport employees and flight crews) with unescorted access to secure or sterile airport areas. Authorizes appropriations for FY2010-FY2011.
Section
224
-
Requires the Assistant Secretary to: (1) establish training programs to update transportation security officers on screening procedures and technologies in response to weaknesses identified in covert tests at airports; and (2) develop, and submit to Congress, a strategic plan for the certification and integration of transportation security technologies with high approval or testing results from the DHS Directorate of Science and Technology and the Transportation Security Laboratory.
Section
226
-
Directs: (1) the Assistant Secretary to report to Congress on deployment of optimal in-line baggage screening solutions and replacement of aging equipment (including explosive detection equipment) at commercial service airports; and (2) the Comptroller General to report to Congress on DHS progress in deploying and replacing such equipment.
Section
228
-
Directs the DHS Inspector General (IG) to: (1) review minimum standards and policies governing federal air marshal rest periods between deployments; and (2) make recommendations to ensure an alert and responsible federal air marshals workforce.
Section
229
-
Directs: (1) the Assistant Secretary to ensure that the number of explosives detection canine teams for aviation security is not less than 250 through FY2011; and (2) the Secretary to increase the number of such teams by at least 100 through FY2011.
Section
230
-
Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to require: (1) the Assistant Secretary, upon establishment of the inbound air cargo screening system, to report to Congress on the impact, rationale, and percentage of cargo exempted from screening; and (2) the Comptroller General to review quarterly, and report to Congress, on the inbound air cargo screening system.
Section
231
-
Requires the Assistant Secretary to report to Congress on the status of the TSA plan to implement a program to certify shipper's methods for screening air cargo on passenger aircraft.
Section
232
-
Directs the Secretary to give notice in the Federal Register that the selection process for security background screening services for aviation personnel requiring background screening is subject to open competition.
Section
233
-
Requires the Assistant Secretary, in order to enhance aviation security through use of the Registered Traveler (trusted passenger program), and subject to certain conditions, to reinstate a security threat assessment program and allow Registered Traveler providers to perform private sector background checks as part of the Registered Traveler enrollment process.
Section
234
-
Directs the Assistant Secretary to:
(1) prepare a report that assesses technologies and includes standards for the use of wireless devices to enhance aircraft security and communication between cabin crew and pilot crewmembers, embarked federal air marshals, and authorized law enforcement officials;
(2) develop an air cargo crew security training plan for pilots and other crewmembers;
(3) establish a process for resolving reimbursement claims for airports that have incurred eligible costs for development of partial or completed in-line baggage systems before enactment of this Act, as well as reimburse airports that have incurred less than 90% of such costs after August 3, 2007, in an amount equal to the difference for such eligible costs; and
(4) report to Congress on the results of the completed whole body imaging technology pilot, including how privacy protections were integrated.
Section
238
-
Permits TSA personnel to wear voluntarily personal protective equipment during an emergency. Requires the Secretary of DHS to establish and give written guidance to such personnel on the usage of the equipment.
Section
239
-
Requires the Assistant Secretary to:
(1) develop and implement a plan for expedited security screening services for uniformed Armed Forces members, and their families, traveling through an airport;
(2) report to Congress on complaints and claims received by the TSA on loss of passenger baggage property;
(3) report to Congress on whether security plans developed by U.S. commercial airports meet TSA guidelines, particularly with regard to the commingling of passengers; and
(4) study the use of the combination of facial and iris recognition to identify individuals in security checkpoint lines.
Requires the Assistant Secretary to issue regulations or security directives that are needed to respond to imminent threats of finite duration without providing notice or an opportunity for comment and prior approval of the Secretary. Subjects such regulations or directives to review by the Transportation Security Oversight Board to determine if they are needed to respond to such threats.
Title
III
-
Surface Transportation Security
Section
302
-
Directs the Secretary, acting through the Assistant Secretary, to establish: (1) the Surface Transportation Security Inspection Office; and (2) field offices staffed by surface transportation security inspectors. Requires the Secretary to: (1) hire additional inspectors for FY2010 and FY2011; and (2) submit to Congress a plan for expanding the duties and leveraging the expertise of inspectors to support the DHS surface transportation security mission. Authorizes appropriations.
Section
303
-
Directs the Secretary to develop and implement: (1) performance measures and objectives by which to assess the roles, activities, and effectiveness of Visible Intermodal Prevention and Response (VIPR) team operations; and (2) a plan to ensure the interoperability of communications among VIPR team components
Section
304
-
Directs the Assistant Secretary to establish in the TSA a Transit Security Advisory Committee, including a passenger carrier security working group and a freight rail security working group.
Section
305
-
Requires the Assistant Secretary to submit to specified congressional committees a human capital plan for hiring, training, managing, and compensating surface transportation security personnel.
Section
306
-
Requires the Secretary to report to Congress on the status of DHS implementation of certain requirements of the Implementing Recommendations of the 9/11 Commission Act of 2007, including detailed timeframes for development and issuance of surface transportation security training regulations.
Section
307
-
Revises procedural requirements for the public transportation security assistance grants program.
Requires the Secretary to ensure that the DHS IG has authorized access to records and other documents relating to grant recipients, contractors, and subcontractors.
Authorizes appropriations for FY2010-FY2011. Requires the Assistant Secretary to conduct a pilot program to provide security grants to up to seven public transportation agencies to obtain external technical support and expertise to assist them in conducting security risk assessments of public transportation systems.
Directs the Secretary to report to Congress on the status of the Secretary's implementation of the Comptroller General's recommendations to improve the administration of such grants.
Section
308
-
Directs the Comptroller General to study and report to Congress on DHS efforts to learn from foreign nations that have been targets of terrorist attacks on passenger rail and public transportation systems in an effort to identify international lessons learned to improve the execution of DHS functions to address transportation security gaps in the United States.
Section
309
-
Directs the Assistant Secretary to conduct an underwater tunnel security demonstration project. Authorizes appropriations for FY2010.
Section
310
-
Directs the Assistant Secretary to conduct a passenger rail security demonstration project to test and assess the feasibility and effectiveness of technologies to strengthen the security of passenger rail systems against terrorist attacks involving the use of improvised explosive devices.
Section
311
-
Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to direct the Secretary to increase to at least 200 by the end of FY2011 the number of explosives detection canine teams certified by the TSA for passenger rail and public transportation security activities.
Authorizes appropriations for FY2010-FY2011. Directs:
(1) the Secretary to expand the use of canine teams to detect vapor wave trails in passenger rail and public transportation security environments; and
(2) the Comptroller General to report to Congress on the use of explosives detection canine teams to strengthen security in such environments.
Section
312
-
Expresses the sense of Congress on the feasibility of establishing in the TSA a position of Deputy Assistant Secretary for Surface Transportation Security. Requires the DHS IG to report to specified congressional committees on the feasibility and merit of establishing such a position.
Section
313
-
Directs the Assistant Secretary to conduct public hearings and report to Congress on the administration of the security assistance grant program.
Title
IV
-
Transportation Security Enhancements
Subtitle
A
-
Security Enhancements
Section
401
-
Directs the Comptroller General to report to Congress on security background checks under state and federal transportation security programs and whether they should be limited and made uniform.
Section
402
-
Prohibits the Secretary from requiring an individual to hold a transportation security card, or be accompanied by another individual who holds such a card, if he or she: (1) has been issued a license, certificate of registry, or merchant mariner's document; (2) is not allowed unescorted access to a secure area of a vessel or facility; and (3) is engaged in the operation of a live animal-propelled vessel.
Section
403
-
Revises requirements for the issuance of transportation security cards. Allows applicants escorted access to restricted areas pending issuance or reissuance of a card. Requires the Secretary to: (1) respond to an initial transportation security card application, or review an appeal or waiver request, within 30 days after its receipt; and (2) develop a process to permit an individual approved for a transportation security card to receive it at the individual's place of residence.
Directs the Secretary to prohibit state or local governments from requiring separate security background checks for card applicants.
Section
404
-
Authorizes the Secretary to extend for up to one year the expiration of a transportation security card so as to align the expiration with the expiration of a license, certificate of registry, or merchant mariner document.
Section
405
-
Requires the Assistant Secretary, in coordination with the Terrorist Screening Center, to include detainees from the Naval Station in Guantanamo Bay, Cuba, on the No Fly List, unless the President certifies to Congress that they do not pose a threat to the United States or its allies.
Section
406
-
Directs the Comptroller General to study and report to Congress on pipeline security.
Section
407
-
Directs the Secretary to study and report to specified congressional committees on the feasibility of establishing a TSA centralized training center for advanced security training.
Subtitle
B
-
SAFE Truckers Act of 2009
Screening Applied Fairly and Equitably to Truckers Act of 2009 or the SAFE Truckers Act of 2009 -
Section
432
-
Amends the Homeland Security Act 2002 to require the Secretary to:
(1) define security sensitive materials; and
(2) prohibit an individual from operating a motor vehicle in commerce while transporting such material, unless the motor vehicle operator holds a valid transportation security card issued by the Secretary. Directs the Secretary to prohibit a person (shipper) from offering a security sensitive material for transportation by motor vehicle, or causing the transportation of such material by motor vehicle, unless the motor vehicle operator holds a valid transportation security card.
Sets forth requirements for the fingerprinting of individuals applying for a transportation security card.
Authorizes appropriations.
Sets forth civil penalties for persons who violate the requirements of this Act. Directs the Secretary to prohibit a motor vehicle registered in Mexico or Canada from transporting security sensitive material in U.S. commerce until the operator of the motor vehicle has undergone a security background records check similar to that required for U.S. Commercial motor vehicle operators to transport security sensitive materials in U.S. Commerce
Section
434
-
Repeals a certain limitation on the issuance of licenses to transport hazardous materials (hazmat licenses).
Section
435
-
Requires the Secretary, by May 31, 2010, to begin to issue transportation security cards to commercial motor vehicle operators who seek to transport security sensitive materials.
Section
436
-
Requires the Secretary to: (1) establish a task force to review certain lists of crimes disqualifying individuals from certain transportation-related employment; and (2) assess whether such lists are accurate indicators of a terrorism security risk.
House Republican Conference Summary
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
This summary can be found at http://www.gop.gov/bill/111/1/hr2200.
Background
This legislation was reported by the Committee on Homeland Security by a vote of 22-0 on May 14, 2009. Although the bill was reported favorably, one Republican voted "present" and several GOP Members voiced concerns about moving forward before the Senate confirms an Assistant Secretary for TSA. It should also be noted that neither the TSA nor the Department of Homeland Security participated in the negotiation of the legislation, and the Administration has requested that the House delay consideration of the bill.
The Transportation Security Administration was created following the September 11, 2001, terrorist attacks by the Aviation and Transportation Security Act. The agency has never been subject to an authorization bill. The authorization contained in H.R. 2200 is $65 million over the President's budget request for Fiscal Year 2010, and the 2011 authorization levels represent a 6 percent increase over 2010.
Summary
H.R. 2200 authorizes $7.6 billion for the Transportation Security Administration (TSA) in Fiscal Year 2010 and $8.1 billion in Fiscal Year 2011. The bill also includes policy changes related to cargo and passenger screening, flight crew training, and surface transportation inspectors. The following are the highlights:
Aviation Security: H.R. 2200 extends TSA's deadline to establish a system to verify screening of all air cargo on in-bound foreign passenger flights by two years and addresses redundant inspections by multiple agencies of cargo on in-bound passenger aircraft. The bill also prohibits employees or contractors of TSA, DHS, GAO, or other federal agencies from "tipping off"-providing notice-of information concerning a covert test or evaluation of transportation security. The bill also establishes a TSA training program for transportation security officers to update them on new screening procedures and technologies.
H.R. 2200 requires TSA to develop a biometric verification system to verify the identity and status of law enforcement officers flying while armed and authorizes up to $10 million for this system. The legislation establishes an Ombudsman for the Federal Air Marshal Service to review and implement recommendations by GAO to improve morale, training, and quality of life of these Marshals.
The bill authorizes $10 million for Fiscal Years 2010 and 2011 for a grant program for measures to improve security at general aviation airports. TSA would be required to develop a risk-based plan that identifies best practices for airport perimeter access controls at commercial service and general aviation airports.
Biometrics: The bill requires the Secretary to carry out a demonstration program to evaluate biometric identifier access systems for individuals with access to secure areas of an airport. $20 million is authorized to carry out this program in Fiscal Years 2010 and 2011.
Canines: H.R. 2200 increases the number of explosives detection canine teams devoted to surface transportation to 200 by the end of 2011. The bill authorizes $75,000 for each canine team deployed to transportation agencies eligible for assistance. H.R. 2200 also extends the authorization of this program. Additionally, the bill provides that not less than 250 canine teams be used for aviation security through 2011, though currently there are 549 canine teams dedicated to aviation-related screening.
Prohibition on Outsourcing: The bill prohibits the TSA from outsourcing the terrorist watch list, "no fly" list, and selectee list verifications to non-governmental entities.
Surface Transportation Security: H.R. 2200 establishes a Surface Transportation Security Inspection Office to oversee surface transportation security officers and increases the number of these inspectors by 300 over two years.
Demonstration Projects: The bill requires TSA to conduct emonstration projects to test and assess technologies for securing underwater tunnels and passenger rail systems from a terrorist attack involving improvised explosive devices.
SAFE Truckers: The bill allows less-stringent background checks for truck drivers who do not carry security sensitive materials. Currently, truck drivers who do not carry these dangerous materials may be disqualified from jobs because they are subject to the same checks as drivers who transport "hazardous materials" which include soft drink syrups and paint.
Cost
The Congressional Budget Office (CBO) estimates that implementing H.R. 2200 would increase net discretionary spending by $3 billion in 2010 and $11.4 billion over five years, assuming appropriation of authorized amounts.
House Democratic Caucus Summary
The House Democratic Caucus does not provide summaries of bills.
So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.
We’ll be looking for a source of summaries from the other side in the meanwhile.
The bill contains the following citations to other parts of U.S. law:
Slip Laws
Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.
- Public Law 107-71:
S. 1447 (107th): Aviation and Transportation Security Act - Public Law 110-53
United States Code
The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)
- Title 1: GENERAL PROVISIONS
- Chapter 1: RULES OF CONSTRUCTION
- Section 1: Words denoting number, gender, and so forth
- Title 5: GOVERNMENT ORGANIZATION AND EMPLOYEES
- Part III: EMPLOYEES
- Subpart A: General Provisions
- Chapter 21: DEFINITIONS
- Section 2101a: The Senior Executive Service
- Title 6: DOMESTIC SECURITY
- Chapter 1: HOMELAND SECURITY ORGANIZATION
- Section 101: Definitions
- Chapter 4: TRANSPORTATION SECURITY
- Subchapter II: TRANSPORTATION SECURITY ENHANCEMENTS
- Section 1111: Definitions
- Section 1112: Authorization of Visible Intermodal Prevention and Response teams
- Section 1113: Surface transportation security inspectors
- Section 1116: National explosives detection canine team training program
- Subchapter III: PUBLIC TRANSPORTATION SECURITY
- Section 1135: Public transportation security assistance
- Section 1137: Public transportation security training program
- Subchapter IV: SURFACE TRANSPORTATION SECURITY
- Part A: General Provisions
- Section 1151: Definitions
- Part B: Railroad Security
- Section 1167: Railroad security training program
- Part C: Over-the-Road Bus and Trucking Security
- Section 1184: Over-the-road bus security training program
- Title 20: EDUCATION
- Chapter 28: HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
- Subchapter III: INSTITUTIONAL AID
- Section 1051: Findings and purpose
- Subchapter V: DEVELOPING INSTITUTIONS
- Part A: Hispanic-Serving Institutions
- Section 1101: Findings; purpose; and program authority
- Title 46: SHIPPING
- Subtitle VII: Security and Drug Enforcement
- Chapter 701: PORT SECURITY
- Subchapter I: GENERAL
- Section 70105: Transportation security cards
- Title 49: TRANSPORTATION
- Subtitle I: DEPARTMENT OF TRANSPORTATION
- Chapter 1: ORGANIZATION
- Section 114: Transportation Security Administration
- Subtitle III: GENERAL AND INTERMODAL PROGRAMS
- Chapter 51: TRANSPORTATION OF HAZARDOUS MATERIAL
- Section 5102: Definitions
- Section 5103a: Limitation on issuance of hazmat licenses
- Subtitle VII: AVIATION PROGRAMS
- Part A: AIR COMMERCE AND SAFETY
- Subpart iii: safety
- Chapter 449: SECURITY
- Subchapter I: REQUIREMENTS
- Section 44901: Screening passengers and property
- Section 44903: Air transportation security
- Section 44904: Domestic air transportation system security
- Section 44917: Deployment of Federal air marshals
- Section 44918: Crew training
- Section 44921: Federal flight deck officer program
- Section 44923: Airport security improvement projects
- Section 44924: Repair station security
- Subchapter II: ADMINISTRATION AND PERSONNEL
- Section 44933: Federal Security Managers
- Section 44935: Employment standards and training
- Section 44940: Security service fee
- Other Citations
- 49 U.S.C. 44946
Statutes at Large
The United States Statutes at Large is the compilation of all laws enacted by Congress.
- 115 Stat. 597
- 115 Stat. 613
- 115 Stat. 616
- 116 Stat. 2135
- 121 Stat. 478
- 121 Stat. 481
Other Citations
- 49 U.S.C. Chapter 449
- 49 U.S.C. Chapter 51