< Back to H.R. 2200 (111th Congress, 2009–2010)

Text of the Transportation Security Administration Authorization Act

This bill was introduced in a previous session of Congress and was passed by the House on June 4, 2009 but was never passed by the Senate. The text of the bill below is as of Jun 8, 2009 (Referred to Senate Committee).

Source: GPO

IIB

111th CONGRESS

1st Session

H. R. 2200

IN THE SENATE OF THE UNITED STATES

June 8, 2009

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

AN ACT

To authorize the Transportation Security Administration’s programs relating to the provision of transportation security, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Transportation Security Administration Authorization Act.

(b)

Table of contents

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Authorities vested in Assistant Secretary.

Title I—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Sec. 102. Risk-based system for allocation of resources.

Title II—Aviation Security

Subtitle A—Amendments to Chapter 449

Sec. 201. Screening air cargo and checked baggage.

Sec. 202. Prohibition of advance notice of covert testing to security screeners.

Sec. 203. Secure verification system for law enforcement officers.

Sec. 204. Ombudsman for Federal Air Marshal Service.

Sec. 205. Federal flight deck officer program enhancements.

Sec. 206. Repair stations.

Sec. 207. Assistant Secretary defined.

Sec. 208. TSA and homeland security information sharing.

Sec. 209. Aviation security stakeholder participation.

Sec. 210. General aviation security.

Sec. 211. Security and self-defense training.

Sec. 212. Security screening of individuals with metal implants traveling in air transportation.

Sec. 213. Prohibition on outsourcing.

Sec. 214. Known air traveler credential.

Sec. 215. Limitations on use of whole-body imaging technology for aircraft passenger screening.

Subtitle B—Other Matters

Sec. 221. Security risk assessment of airport perimeter access controls.

Sec. 222. Advanced passenger prescreening system.

Sec. 223. Biometric identifier airport access enhancement demonstration program.

Sec. 224. Transportation security training programs.

Sec. 225. Deployment of technology approved by science and technology directorate.

Sec. 226. In-line baggage screening study.

Sec. 227. In-line checked baggage screening systems.

Sec. 228. IG report on certain policies for Federal air marshals.

Sec. 229. Explosives detection canine teams minimum for aviation security.

Sec. 230. Assessments and GAO Report of inbound air cargo screening.

Sec. 231. Status of efforts to promote air cargo shipper certification.

Sec. 232. Full and open competition in security background screening service.

Sec. 233. Trusted passenger/Registered Traveler program.

Sec. 234. Report on cabin crew communication.

Sec. 235. Air cargo crew training.

Sec. 236. Reimbursement for airports that have incurred eligible costs.

Sec. 237. Report on whole body imaging technology.

Sec. 238. Protective equipment.

Sec. 239. Security screening for members of the Armed Forces.

Sec. 240. Report on complaints and claims for loss of property from passenger baggage.

Sec. 241. Report on certain security plan.

Sec. 242. Study on combination of facial and iris recognition.

Sec. 243. Issuance of regulations and security directives using emergency procedures.

Title III—Surface Transportation Security

Sec. 301. Assistant Secretary defined.

Sec. 302. Surface transportation security inspection program.

Sec. 303. Visible intermodal prevention and response teams.

Sec. 304. Surface Transportation Security stakeholder participation.

Sec. 305. Human capital plan for surface transportation security personnel.

Sec. 306. Surface transportation security training.

Sec. 307. Improvement of public transportation security assistance.

Sec. 308. International lessons learned for securing passenger rail and public transportation systems.

Sec. 309. Underwater tunnel security demonstration project.

Sec. 310. Passenger rail security demonstration project.

Sec. 311. Explosives detection canine teams.

Sec. 312. Deputy Assistant Secretary for surface transportation security.

Sec. 313. Public hearings on security assistance grant program and the restriction of security improvement priorities.

Title IV—Transportation Security Enhancements

Subtitle A—Security Enhancements

Sec. 401. Report and recommendation for uniform security background checks.

Sec. 402. Animal-propelled vessels.

Sec. 403. Requirements for issuance of transportation security cards; access pending issuance; redundant background checks.

Sec. 404. Harmonizing security card expirations.

Sec. 405. Securing aviation from extreme terrorist threats.

Sec. 406. Pipeline security study.

Sec. 407. Transportation security administration centralized training facility.

Subtitle B—SAFE Truckers Act of 2009

Sec. 431. Short title.

Sec. 432. Surface transportation security.

Sec. 433. Conforming amendment.

Sec. 434. Limitation on issuance of hazmat licenses.

Sec. 435. Deadlines and effective dates.

Sec. 436. Task force on disqualifying crimes.

2.

Definitions

In this Act, the following definitions apply:

(1)

Assistant Secretary

The term Assistant Secretary means Assistant Secretary of Homeland Security (Transportation Security Administration).

(2)

Administration

The term Administration means the Transportation Security Administration.

(3)

Aviation Security Advisory Committee

The term Aviation Security Advisory Committee means the advisory committee established by section 44946 of title 49, United States Code, as added by this Act.

(4)

Secretary

The term Secretary means the Secretary of Homeland Security.

3.

Authorities vested in Assistant Secretary

Any authority vested in the Assistant Secretary under this Act shall be carried out under the direction and control of the Secretary.

I

Authorization of Appropriations

101.

Authorization of appropriations

There are authorized to be appropriated to the Secretary $7,604,561,000 for fiscal year 2010 and $8,060,835,000 for fiscal year 2011 for the necessary expenses of the Transportation Security Administration for such fiscal years.

102.

Risk-based system for allocation of resources

(a)

Report

Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall submit to the appropriate congressional committees, including the Committee on Homeland Security of the House of Representatives, a report on the status of its implementation of recommendations from the Comptroller General with respect to the use by the Transportation Security Administration of a risk-based system for allocating security resources effectively.

(b)

Assessments

The report shall include assessments of the Transportation Security Administration’s progress in—

(1)

adopting security goals that define specific outcomes, conditions, end points, and performance targets;

(2)

conducting comprehensive risk assessments for the transportation sector that meet the criteria established under Homeland Security Presidential Directive-7 in effect as of January 1, 2009, and combine individual assessments of threat, vulnerability, and consequence;

(3)

analyzing the assessments described in paragraph (2) to produce a comparative analysis of risk across the entire transportation sector to guide current and future investment decisions;

(4)

establishing an approach for gathering data on investments by State, local, and private sector security partners in transportation security;

(5)

establishing a plan and corresponding benchmarks for conducting risk assessments for the transportation sector that identify the scope of the assessments and resource requirements for completing them;

(6)

working with the Department of Homeland Security to effectuate the Administration’s risk management approach by establishing a plan and timeframe for assessing the appropriateness of the Administration’s intelligence-driven risk management approach for managing risk at the Administration and documenting the results of the assessment once completed;

(7)

determining the best approach for assigning uncertainty or confidence levels to analytic intelligence products related to the Transportation Security Administration’s security mission and applying such approach; and

(8)

establishing internal controls, including—

(A)

a focal point and clearly defined roles and responsibilities for ensuring that the Administration’s risk management framework is implemented;

(B)

policies, procedures, and guidance that require the implementation of the Administration’s framework and completion of related work activities; and

(C)

a system to monitor and improve how effectively the framework is being implemented.

(c)

Assessment and prioritization of risks

(1)

In general

Consistent with the risk and threat assessments required under sections 114(s)(3)(B) and 44904(c) of title 49, United States Code, the report shall include—

(A)

a summary that ranks the risks within and across transportation modes, including vulnerability of a cyber attack; and

(B)

a description of the risk-based priorities for securing the transportation sector, both within and across modes, in the order that the priorities should be addressed.

(2)

Methods

The report also shall—

(A)

describe the underlying methodologies used to assess risks across and within each transportation mode and the basis for any assumptions regarding threats, vulnerabilities, and consequences made in assessing and prioritizing risks within and across such modes; and

(B)

include the Assistant Secretary’s working definition of the terms risk-based and risk-informed.

(d)

Format

The report shall be submitted in classified or unclassified formats, as appropriate.

II

Aviation Security

A

Amendments to Chapter 449

201.

Screening air cargo and checked baggage

(a)

Inbound air cargo on passenger aircraft

Section 44901(g) of title 49, United States Code, is amended—

(1)

by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(2)

by inserting after paragraph (2) the following:

(3)

Inbound air cargo on passenger aircraft

Not later than 2 years after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall establish a system to verify that all cargo transported on passenger aircraft operated by an air carrier or foreign air carrier inbound to the United States be screened for explosives. The system shall include a risk assessment for inbound air cargo on passenger and all air cargo airplanes, and the Assistant Secretary shall use this assessment to address vulnerabilities in cargo screening. The Assistant Secretary shall identify redundancies in inbound cargo inspection on passenger aircraft by agencies and address these to ensure that all cargo is screened without subjecting carriers to multiple inspections by different agencies.

.

(b)

Mandatory screening where EDS is not yet available

Section 44901(e)(1) of title 49, United States Code, is amended to read as follows:

(1)

A bag match program, ensuring that no checked baggage is placed aboard an aircraft unless the passenger who checked the baggage is aboard the aircraft, is not authorized as an alternate method of baggage screening where explosive detection equipment is available unless there are exigent circumstances as determined by the Assistant Secretary. The Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives within 90 days of the determination that bag match must be used as an alternate method of baggage screening.

.

202.

Prohibition of advance notice of covert testing to security screeners

(a)

Covert testing

Section 44935 of title 49, United States Code, is amended—

(1)

by redesignating the second subsection (i) (as redesignated by section 111(a)(1) of Public Law 107–71 (115 Stat. 616), relating to accessibility of computer-based training facilities) as subsection (k); and

(2)

by adding at the end the following new subsection:

(l)

Prohibition of advance notice to security screeners of covert testing and evaluation

(1)

In general

The Assistant Secretary shall ensure that information concerning a covert test of a transportation security system to be conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office is not provided to any individual prior to the completion of the test.

(2)

Exceptions

Notwithstanding paragraph (1)—

(A)

an authorized individual involved in a covert test of a transportation security system may provide information concerning the covert test to—

(i)

employees, officers, and contractors of the Federal Government (including military personnel);

(ii)

employees and officers of State and local governments; and

(iii)

law enforcement officials who are authorized to receive or directed to be provided such information by the Assistant Secretary, the Inspector General of the Department of Homeland Security, or the Comptroller General, as the case may be; and

(B)

for the purpose of ensuring the security of any individual in the vicinity of a site where a covert test of a transportation security system is being conducted, an individual conducting the test may disclose his or her status as an individual conducting the test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting the test as a potential threat.

(3)

Special rules for TSA

(A)

Monitoring and security of testing personnel

The head of each covert testing office shall ensure that a person or group of persons conducting a covert test of a transportation security system for the covert testing office is accompanied at the site of the test by a cover team composed of one or more employees of the covert testing office for the purpose of monitoring the test and confirming the identity of personnel involved in the test under subparagraph (B).

(B)

Responsibility of cover team

Under this paragraph, a cover team for a covert test of a transportation security system shall—

(i)

monitor the test; and

(ii)

for the purpose of ensuring the security of any individual in the vicinity of a site where the test is being conducted, confirm, notwithstanding paragraph (1), the identity of any individual conducting the test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting the test as a potential threat.

(C)

Aviation screening

Notwithstanding subparagraph (A), the Transportation Security Administration is not required to have a cover team present during a test of the screening of persons, carry-on items, or checked baggage at an aviation security checkpoint at or serving an airport if the test—

(i)

is approved, in coordination with the designated security official for the airport operator by the Federal Security Director for such airport; and

(ii)

is carried out under an aviation screening assessment program of the Department of Homeland Security.

(D)

Use of Other Personnel

The Transportation Security Administration may use employees, officers, and contractors of the Federal Government (including military personnel) and employees and officers of State and local governments to conduct covert tests.

(4)

Definitions

In this subsection, the following definitions apply:

(A)

Appropriate individual

The term appropriate individual, as used with respect to a covert test of a transportation security system, means any individual that—

(i)

the individual conducting the test determines needs to know his or her status as an individual conducting a test under paragraph (2)(B); or

(ii)

the cover team monitoring the test under paragraph (3)(B)(i) determines needs to know the identity of an individual conducting the test.

(B)

Covered employee

The term covered employee means any individual who receives notice of a covert test before the completion of a test under paragraph (2)(A).

(C)

Covert test

(i)

In general

The term covert test means an exercise or activity conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office to intentionally test, compromise, or circumvent transportation security systems to identify vulnerabilities in such systems.

(ii)

Limitation

Notwithstanding clause (i), the term covert test does not mean an exercise or activity by an employee or contractor of the Transportation Security Administration to test or assess compliance with relevant regulations.

(D)

Covert testing office

The term covert testing office means any office of the Transportation Security Administration designated by the Assistant Secretary to conduct covert tests of transportation security systems.

(E)

Employee of a covert testing office

The term employee of a covert testing office means an individual who is an employee of a covert testing office or a contractor or an employee of a contractor of a covert testing office.

.

(b)

Uniforms

Section 44935(j) of such title is amended—

(1)

by striking The Under Secretary and inserting the following:

(1)

Uniform requirement

The Assistant Secretary

; and

(2)

by adding at the end the following:

(2)

Allowance

The Assistant Secretary may grant a uniform allowance of not less than $300 to any individual who screens passengers and property pursuant to section 44901.

.

203.

Secure verification system for law enforcement officers

Section 44917 of title 49, United States Code, is amended by adding at the end the following:

(e)

Secure verification system for law enforcement officers

(1)

In general

The Assistant Secretary shall develop a plan for a system to securely verify the identity and status of law enforcement officers flying while armed. The Assistant Secretary shall ensure that the system developed includes a biometric component.

(2)

Demonstration

The Assistant Secretary shall conduct a demonstration program to test the secure verification system described in paragraph (1) before issuing regulations for deployment of the system.

(3)

Consultation

The Assistant Secretary shall consult with the Aviation Security Advisory Committee, established under section 44946 of title 49, United States Code, when developing the system and evaluating the demonstration program.

(4)

Report

The Assistant Secretary shall submit a report to the Committee on Homeland Security of the House of Representatives, evaluating the demonstration program of the secure verification system required by this section.

(5)

Authorization of Appropriations

From the amounts authorized under section 101 of the Transportation Security Administration Authorization Act, there is authorized to be appropriated to carry out this subsection $10,000,000, to remain available until expended.

.

204.

Ombudsman for Federal Air Marshal Service

Section 44917 of title 49, United States Code, as amended by section 203 of this Act, is further amended by adding at the end the following:

(f)

Ombudsman

(1)

Establishment

The Assistant Secretary shall establish in the Federal Air Marshal Service an Office of the Ombudsman.

(2)

Appointment

The head of the Office shall be the Ombudsman, who shall be appointed by the Assistant Secretary.

(3)

Duties

The Ombudsman shall carry out programs and activities to improve morale, training, and quality of life issues in the Service, including through implementation of the recommendations of the Inspector General of the Department of Homeland Security and the Comptroller General.

.

205.

Federal flight deck officer program enhancements

(a)

Establishment

Section 44921(a) of title 49, United States Code, is amended by striking the following: The Under Secretary of Transportation for Security and inserting The Secretary of Homeland Security, acting through the Assistant Secretary of Transportation Security.

(b)

Administrators

Section 44921(b) of title 49, United States Code, is amended—

(1)

by striking Under in paragraphs (1), (2), (4), (6), and (7); and

(2)

by adding at the end the following:

(8)

Administrators

The Assistant Secretary shall implement an appropriately sized administrative structure to manage the program, including overseeing—

(A)

eligibility and requirement protocols administration; and

(B)

communication with Federal flight deck officers.

.

(c)

Training, supervision, and equipment

Section 44921(c)(2)(C) of such title is amended by adding at the end the following:

(iv)

Use of Federal Air Marshal Service field office facilities

In addition to dedicated Government and contract training facilities, the Assistant Secretary shall require that field office facilities of the Federal Air Marshal Service be used for the administrative and training needs of the program. Such facilities shall be available to Federal flight deck officers at no cost for firearms training and qualification, defensive tactics training, and program administrative assistance.

.

(d)

Reimbursement

Section 44921 of such title is amended by adding at the end the following:

(l)

Reimbursement

The Secretary, acting through the Assistant Secretary, shall reimburse all Federal flight deck officers for expenses incurred to complete a recurrent and requalifying training requirement necessary to continue to serve as a Federal flight deck officer. Eligible expenses under this subsection include ground transportation, lodging, meals, and ammunition, to complete any required training as determined by the Assistant Secretary.

.

206.

Repair stations

Section 44924(f) of title 49, United States Code, is amended to read as follows:

(f)

Regulations

The Assistant Secretary shall issue regulations establishing security standards for foreign and domestic repair stations performing maintenance for aircraft used to provide air transportation and shall ensure that comparable security standards apply to maintenance work performed by employees of repair stations certified under part 121 of title 14, Code of Federal Regulations, and maintenance work performed by employees of repair stations certified under part 145 of such title.

.

207.

Assistant Secretary defined

(a)

In general

Subchapter II of chapter 449 of title 49, United States Code, is amended by inserting before section 44933 the following:

44931.

Assistant Secretary defined

(a)

In general

In this chapter—

(1)

the term Assistant Secretary means the Assistant Secretary of Homeland Security (Transportation Security Administration); and

(2)

any reference to the Administrator of the Transportation Security Administration, the Under Secretary of Transportation for Security, the Under Secretary of Transportation for Transportation Security, or the Under Secretary for Transportation Security shall be deemed to be a reference to the Assistant Secretary.

(b)

Authorities vested in Assistant Secretary

Any authority vested in the Assistant Secretary under this chapter shall be carried out under the direction and control of the Secretary of Homeland Security.

.

(b)

Clerical amendment

The analysis for such subchapter is amended by inserting before the item relating to section 44933 the following:

44931. Assistant Secretary defined.

.

208.

TSA and homeland security information sharing

(a)

Federal security director

Section 44933 of title 49, United States Code, is amended—

(1)

in the section heading, by striking Managers and inserting Directors;

(2)

by striking Manager each place it appears and inserting Director;

(3)

by striking Managers each place it appears and inserting Directors; and

(4)

by adding at the end the following:

(c)

Information sharing

Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall—

(1)

require an airport security plan to have clear reporting procedures to provide that the Federal Security Director of the airport is immediately notified whenever any Federal, State, or local law enforcement personnel are called to an aircraft at a gate or on an airfield at the airport to respond to any security matter;

(2)

require each Federal Security Director of an airport to meet at least quarterly with law enforcement agencies serving the airport to discuss incident management protocols; and

(3)

require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the airport operator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with airport operators to ensure coordinated responses to security matters.

.

(b)

Conforming amendments

(1)

Section 114(f)(6) of title 49, United States Code, is amended by striking Managers and inserting Directors.

(2)

Section 44940(a)(1)(F) of title 49, United States Code, is amended by striking Managers and inserting Directors.

(c)

Technical amendment

The chapter analysis for chapter 449 is amended by striking the item relating to section 44933 and inserting the following:

44933. Federal Security Directors.

.

209.

Aviation security stakeholder participation

(a)

In general

Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following:

44946.

Aviation Security Advisory Committee

(a)

Establishment of Aviation Security Advisory Committee

(1)

In general

The Assistant Secretary shall establish in the Transportation Security Administration an advisory committee, to be known as the Aviation Security Advisory Committee (in this chapter referred to as the Advisory Committee), to assist the Assistant Secretary with issues pertaining to aviation security, including credentialing.

(2)

Recommendations

The Assistant Secretary shall require the Advisory Committee to develop recommendations for improvements to civil aviation security methods, equipment, and processes.

(3)

Meetings

The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.

(4)

Unpaid position

Advisory Committee members shall serve at their own expense and receive no salary, reimbursement of travel expenses, or other compensation from the Federal Government.

(b)

Membership

(1)

Member organizations

The Assistant Secretary shall ensure that the Advisory Committee is composed of not more than one individual representing not more than 27 member organizations, including representation of air carriers, all cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, aircraft manufacturers, airport operators, general aviation, and the aviation technology security industry, including biometrics.

(2)

Appointments

Members shall be appointed by the Assistant Secretary, and the Assistant Secretary shall have the discretion to review the participation of any Advisory Committee member and remove for cause at any time.

(c)

Nonapplicability of FACA

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee under this section.

(d)

Air cargo security working group

(1)

In general

The Assistant Secretary shall establish within the Advisory Committee an air cargo security working group to provide recommendations for air cargo security issues, including the implementation of the air cargo screening initiatives proposed by the Transportation Security Administration to screen air cargo on passenger aircraft in accordance with established cargo screening mandates.

(2)

Meetings

The working group shall meet at least semiannually and provide annual reports to the Assistant Secretary with recommendations to improve the Administration’s cargo screening initiatives established to meet all cargo screening mandates set forth in section 44901(g) of title 49, United States Code.

(3)

Membership

The working group shall include members from the Advisory Committee with expertise in air cargo operations and representatives from other stakeholders as determined by the Assistant Secretary.

(4)

Reports

(A)

In general

The working group shall prepare and submit reports to the Assistant Secretary in accordance with this paragraph that provide cargo screening mandate implementation recommendations.

(B)

Submission

Not later than one year after the date of enactment of this section and on an annual basis thereafter, the working group shall submit its first report to the Assistant Secretary, including any recommendations of the group—

(i)

to reduce redundancies and increase efficiencies with the screening and inspection of inbound cargo; and

(ii)

on the potential development of a fee structure to help sustain cargo screening efforts.

.

(b)

Clerical amendment

The analysis for such subchapter is amended by adding at the end the following:

44946. Aviation Security Advisory Committee.

.

210.

General aviation security

(a)

In general

Subchapter II of chapter 449 of title 49, United States Code, as amended by section 209 of this Act, is further amended by adding at the end the following:

44947.

General aviation security

(a)

General aviation security grant program

(1)

In general

The Assistant Secretary shall carry out a general aviation security grant program to enhance transportation security at general aviation airports by making grants to operators of general aviation airports for projects to enhance perimeter security, airfield security, and terminal security.

(2)

Eligible projects

Not later than one year after the date of submission of the first report of the working group under subsection (b), the Assistant Secretary shall develop and make publically available a list of approved eligible projects for such grants under paragraph (1) based upon recommendations made by the working group in such report.

(3)

Federal share

The Federal share of the cost of activities for which grants are made under this subsection shall be 90 percent.

(4)

Presumption of Congress relating to competitive procedures

(A)

Presumption

It is the presumption of Congress that grants awarded under this section will be awarded using competitive procedures based on risk.

(B)

Report to Congress

If grants are awarded under this section using procedures other than competitive procedures, the Assistant Secretary shall submit to Congress a report explaining why competitive procedures were not used.

(b)

General aviation security working group

(1)

In general

The Assistant Secretary shall establish, within the Aviation Security Advisory Committee established under section 44946, a general aviation working group to advise the Transportation Security Administration regarding transportation security issues for general aviation facilities, general aviation aircraft, heliports, and helicopter operations at general aviation and commercial service airports.

(2)

Meetings

The working group shall meet at least semiannually and may convene additional meetings as necessary.

(3)

Membership

The Assistant Secretary shall appoint members from the Aviation Security Advisory Committee with general aviation experience.

(4)

Reports

(A)

Submission

The working group shall submit a report to the Assistant Secretary with recommendations on ways to improve security at general aviation airports.

(B)

Contents of report

The report of the working group submitted to the Assistant Secretary under this paragraph shall include any recommendations of the working group for eligible security enhancement projects at general aviation airports to be funded by grants under subsection (a).

(C)

Subsequent reports

After submitting the report, the working group shall continue to report to the Assistant Secretary on general aviation aircraft and airports.

(c)

Authorization of Appropriations

From amounts made available under section 101 of the Transportation Security Administration Authorization Act, there is authorized to be appropriated for making grants under subsection (a) $10,000,000 for each of fiscal years 2010 and 2011. None of the funds appropriated pursuant to this subsection may be used for a congressional earmark as defined in clause 9d, of Rule XXI of the rules of the House of Representatives of the 111th Congress.

.

(b)

Clerical amendment

The analysis for such subchapter is further amended by adding at the end the following:

44947. General aviation security.

.

211.

Security and self-defense training

(a)

Section 44918(b) of title 49, United States Code, is amended—

(1)

by striking paragraph (1) and inserting the following:

(1)

Self-defense training program

Not later than 1 year after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall provide advanced self-defense training of not less than 5 hours during each 2-year period for all cabin crewmembers. The Assistant Secretary shall consult with the Advisory Committee, established under section 44946. and cabin crew and air carrier representatives in developing a plan for providing self-defense training in conjunction with existing recurrent training.

;

(2)

by striking paragraph (3) and inserting the following:

(3)

Participation

A crewmember shall not be required to engage in any physical contact during the training program under this subsection.

; and

(3)

by striking paragraph (4) and redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively.

(b)

Security training

Section 44918(a)(6) of title 49, United States Code, is amended by adding at the end the following: The Assistant Secretary shall establish an oversight program for security training of cabin crewmembers that includes developing performance measures and strategic goals for air carriers, and standard protocols for Transportation Security Administration oversight inspectors, in accordance with recommendations by the Inspector General of the Department of Homeland Security and the Comptroller General..

212.

Security screening of individuals with metal implants traveling in air transportation

(a)

In general

Section 44903 of title 49, United States Code, is amended by adding at the end the following:

(m)

Security screening of individuals with metal implants traveling in air transportation

(1)

In general

The Assistant Secretary shall carry out a program to ensure fair treatment in the screening of individuals with metal implants traveling in air transportation.

(2)

Plan

Not later than 6 months after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall submit a plan to the Committee on Homeland Security of the House of Representatives for improving security screening procedures for individuals with metal implants to limit disruptions in the screening process while maintaining security. The plan shall include an analysis of approaches to limit such disruptions for individuals with metal implants, and benchmarks for implementing changes to the screening process and the establishment of a credential or system that incorporates biometric technology and other applicable technologies to verify the identity of an individual who has a metal implant.

(3)

Program

Not later than 12 months after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall implement a program to improve security screening procedures for individuals with metal implants to limit disruptions in the screening process while maintaining security, including a credential or system that incorporates biometric technology or other applicable technologies to verify the identity of an individual who has a metal implant.

(4)

Metal implant defined

In this paragraph, the term ‘metal implant’ means a metal device or object that has been surgically implanted or otherwise placed in the body of an individual, including any metal device used in a hip or knee replacement, metal plate, metal screw, metal rod inside a bone, and other metal orthopedic implants.

.

(b)

Effective date

Not later than 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary of Homeland Security shall submit the plan for security screening procedures for individuals with metal implants, as required by section 44903(m) of title 49, United States Code.

213.

Prohibition on outsourcing

Section 44903(j)(2)(C) of title 49, United States Code, is amended by adding at the end the following new clause:

(v)

Outsourcing prohibited

Upon implementation of the advanced passenger prescreening system required by this section, the Assistant Secretary shall prohibit any non-governmental entity from administering the function of comparing passenger information to the automatic selectee and no fly lists, consolidated and integrated terrorist watchlists, or any list or database derived from such watchlists for activities related to aviation security. The Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate when any non-governmental entity is authorized access to the watchlists described in this clause.

.

214.

Known air traveler credential

(a)

Establishment

Section 44903(h) of title 49, United States Code, is amended—

(1)

by redesignating paragraph (7) as paragraph (8); and

(2)

by inserting after paragraph (6) the following:

(7)

Known air traveler credential

Not later than 6 months after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall—

(A)

establish a known air traveler credential that incorporates biometric identifier technology;

(B)

establish a process by which the credential will be used to verify the identity of known air travelers and allow them to bypass airport passenger and carry-on baggage screening;

(C)

establish procedures—

(i)

to ensure that only known air travelers are issued the known air traveler credential;

(ii)

to resolve failures to enroll, false matches, and false nonmatches relating to use of the known air traveler credential; and

(iii)

to invalidate any known air traveler credential that is lost, stolen, or no longer authorized for use;

(D)

begin issuance of the known air traveler credential to each known air traveler that applies for a credential; and

(E)

take such other actions with respect to the known air traveler credential as the Assistant Secretary considers appropriate.

.

(b)

Known air traveler defined

Section 44903(h)(8) of such title (as redesignated by subsection (a) of this section) is amended—

(1)

by redesignating subparagraph (F) as subparagraph (G); and

(2)

by inserting after subparagraph (E) the following:

(F)

Known air traveler

The term known air traveler means a United States citizen who—

(i)

has received a security clearance from the Federal Government;

(ii)

is a Federal Aviation Administration certificated pilot, flight crew member, or cabin crew member;

(iii)

is a Federal, State, local, tribal, or territorial government law enforcement officer not covered by paragraph (6);

(iv)

is a member of the armed forces (as defined by section 101 of title 10) who has received a security clearance from the Federal Government; or

(v)

the Assistant Secretary determines has appropriate security qualifications for inclusion under this subparagraph.

.

(c)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by this section.

215.

Limitations on use of whole-body imaging technology for aircraft passenger screening

Section 44901 of title 49, United States Code, is amended by adding at the end the following:

(l)

Limitations on use of whole-body imaging technology for screening passengers

(1)

In general

The Assistant Secretary of Homeland Security (Transportation Security Administration) shall ensure that whole-body imaging technology is used for the screening of passengers under this section only in accordance with this subsection.

(2)

Prohibition on use for routine screening

Whole-body imaging technology may not be used as the sole or primary method of screening a passenger under this section. Whole-body imaging technology may not be used to screen a passenger under this section unless another method of screening, such as metal detection, demonstrates cause for preventing such passenger from boarding an aircraft.

(3)

Provision of information

A passenger for whom screening by whole-body imaging technology is permissible under paragraph (2) shall be provided information on the operation of such technology, on the image generated by such technology, on privacy policies relating to such technology, and on the right to request a pat-down search under paragraph (4) prior to the utilization of such technology with respect to such passenger.

(4)

Pat-down search option

A passenger for whom screening by whole-body imaging technology is permissible under paragraph (2) shall be offered a pat-down search in lieu of such screening.

(5)

Prohibition on use of images

An image of a passenger generated by whole-body imaging technology may not be stored, transferred, shared, or copied in any form after the boarding determination with respect to such passenger is made.

(6)

Report

Not later than one year after the date of enactment of this section, and annually thereafter, the Assistant Secretary shall submit to Congress a report containing information on the implementation of this subsection, on the number of passengers for whom screening by whole-body imaging technology was permissible under paragraph (2) as a percentage of all screened passengers, on the number of passengers who chose a pat-down search when presented the offer under paragraph (4) as a percentage of all passengers presented such offer, on privacy protection measures taken with respect to whole-body imaging technology, on privacy violations that occurred with respect to such technology, and on the effectiveness of such technology.

(7)

Definitions

In this subsection, the following definitions apply:

(A)

Pat-down search

The term pat-down search means a physical inspection of the body of an aircraft passenger conducted in accordance with the Transportation Security Administration’s standard operating procedure as described in the Transportation Security Administration’s official training manual.

(B)

Whole-body imaging technology

The term whole-body imaging technology means a device, including a device using backscatter x-rays or millimeter waves, used to detect objects carried on individuals and that creates a visual image of the individual’s full body, showing the surface of the skin and revealing objects that are on the body.

.

B

Other Matters

221.

Security risk assessment of airport perimeter access controls

(a)

In general

The Assistant Secretary shall develop a strategic risk-based plan to improve transportation security at airports that includes best practices to make airport perimeter access controls more secure at all commercial service and general aviation airports.

(b)

Contents

The plan shall—

(1)

incorporate best practices for enhanced perimeter access controls;

(2)

evaluate and incorporate major findings of all relevant pilot programs of the Transportation Security Administration;

(3)

address recommendations of the Comptroller General on perimeter access controls;

(4)

include a requirement that airports update their security plans to incorporate the best practices, as appropriate, based on risk and adapt the best practices to meet the needs specific to their facilities; and

(5)

include an assessment of the role of new and emerging technologies, including unmanned and autonomous perimeter security technologies, that could be utilized at both commercial and general aviation facilities.

222.

Advanced passenger prescreening system

(a)

Initial report

Not later than 90 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—

(1)

describes the progress made by the Department of Homeland Security in implementing the advanced passenger prescreening system;

(2)

compares the total number of misidentified passengers who must undergo secondary screening or have been prevented from boarding a plane during the 3-month period beginning 90 days before the date of enactment of the Transportation Security Administration Authorization Act with the 3-month period beginning 90 days after such date; and

(3)

includes any other relevant recommendations that the Inspector General of the Department of Homeland Security or the Comptroller General determines appropriate.

(b)

Subsequent reports

The Comptroller General shall submit subsequent reports on the implementation to such Committees every 90 days thereafter until the implementation is complete.

223.

Biometric identifier airport access enhancement demonstration program

(a)

In general

The Assistant Secretary shall carry out a demonstration program under which biometric identifier access systems for individuals with unescorted access to secure or sterile areas of an airport, including airport employees and flight crews, are evaluated for the purposes of enhancing transportation security at airports and to determine how airports can implement uniform biometric identifier and interoperable security systems.

(b)

Airports participating in program

The Assistant Secretary shall select at least 7 airports, including at least 2 large airports, to participate in the demonstration program.

(c)

Initiation and duration of program

(1)

Deadline for initiation

The Assistant Secretary shall conduct the demonstration program not later than one year after the date of enactment of this Act.

(2)

Duration

The program shall have a duration of not less than 180 days and not more than one year.

(d)

Required elements

In conducting the demonstration program, the Assistant Secretary shall—

(1)

assess best operational, administrative, and management practices in creating uniform, standards-based, and interoperable biometric identifier systems for all individuals with access to secure or sterile areas of commercial service airports; and

(2)

conduct a risk-based analysis of the selected airports and other airports, as the Assistant Secretary determines appropriate, to identify where the implementation of biometric identifier systems could benefit security.

(e)

Considerations

In conducting the demonstration program, the Assistant Secretary shall consider, at a minimum, the following:

(1)

Parallel systems

Existing parallel biometric transportation security systems applicable to workers with unescorted access to transportation systems, including—

(A)

transportation worker identification credentials issued under section 70105 of title 46, United States Code;

(B)

armed law enforcement travel credentials issued under section 44903(h)(6) of title 49, United States Code; and

(C)

other credential and biometric identifier systems used by the Federal Government, as the Assistant Secretary considers appropriate.

(2)

Efforts by Transportation Security Administration

Any biometric identifier system or proposals developed by the Assistant Secretary.

(3)

Infrastructure and technical requirements

The architecture, modules, interfaces, and transmission of data needed for airport security operations.

(4)

Existing airport systems

Credentialing and access control systems in use in secure and sterile areas of airports.

(5)

Associated costs

The costs of implementing uniform, standards-based, and interoperable biometric identifier systems at airports, including—

(A)

the costs to airport operators, airport workers, air carriers, and other aviation industry stakeholders; and

(B)

the costs associated with ongoing operations and maintenance and modifications and enhancements needed to support changes in physical and electronic infrastructure.

(6)

Information from other sources

Recommendations, guidance, and information from other sources, including the Inspector General of the Department of Homeland Security, the Comptroller General, the heads of other governmental entities, organizations representing airport workers, and private individuals and organizations.

(f)

Identification of best practices

In conducting the demonstration program, the Assistant Secretary shall identify best practices for the administration of biometric identifier access at airports, including best practices for each of the following processes:

(1)

Registration, vetting, and enrollment.

(2)

Issuance.

(3)

Verification and use.

(4)

Expiration and revocation.

(5)

Development of a cost structure for acquisition of biometric identifier credentials.

(6)

Development of redress processes for workers.

(g)

Consultation

In conducting the demonstration program, the Assistant Secretary shall consult with the Aviation Security Advisory Committee regarding how airports may transition to uniform, standards-based, and interoperable biometric identifier systems for airport workers and others with unescorted access to secure or sterile areas of an airport.

(h)

Evaluation

The Assistant Secretary shall conduct an evaluation of the demonstration program to specifically assess best operational, administrative, and management practices in creating a standard, interoperable, biometric identifier access system for all individuals with access to secure or sterile areas of commercial service airports.

(i)

Report to Congress

Not later than 180 days after the last day of that demonstration program ends, the Assistant Secretary shall submit to the appropriate congressional committees, including the Committee on Homeland Security of the House of Representatives, a report on the results of the demonstration program. The report shall include possible incentives for airports that voluntarily seek to implement uniform, standards-based, and interoperable biometric identifier systems.

(j)

Biometric identifier system defined

In this section, the term biometric identifier system means a system that uses biometric identifier information to match individuals and confirm identity for transportation security and other purposes.

(k)

Authorization of appropriations

From amounts authorized under section 101, there is authorized to be appropriated a total of $20,000,000 to carry out this section for fiscal years 2010 and 2011.

224.

Transportation security training programs

Not later than one year after the date of enactment of this Act, the Assistant Secretary shall establish recurring training of transportation security officers regarding updates to screening procedures and technologies in response to weaknesses identified in covert tests at airports. The training shall include—

(1)

internal controls for monitoring and documenting compliance of transportation security officers with training requirements;

(2)

the availability of high-speed Internet and Intranet connectivity to all airport training facilities of the Administration; and

(3)

such other matters as identified by the Assistant Secretary with regard to training.

225.

Deployment of technology approved by science and technology directorate

(a)

In general

The Assistant Secretary, in consultation with the Directorate of Science and Technology of the Department of Homeland Security, shall develop and submit to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, a strategic plan for the certification and integration of technologies for transportation security with high approval or testing results from the Directorate and the Transportation Security Laboratory of the Department.

(b)

Contents of strategic plan

The strategic plan developed under subsection (a) shall include—

(1)

a cost-benefit analysis to assist in prioritizing investments in new checkpoint screening technologies that compare the costs and benefits of screening technologies being considered for development or acquisition with the costs and benefits of other viable alternatives;

(2)

quantifiable performance measures to assess the extent to which investments in research, development, and deployment of checkpoint screening technologies achieve performance goals for enhancing security at airport passenger checkpoints; and

(3)

a method to ensure that operational tests and evaluations have been successfully completed in an operational environment before deploying checkpoint screening technologies to airport checkpoints.

(c)

Report to Congress

(1)

In general

The Assistant Secretary shall submit to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, an annual report on the status of all technologies that have undergone testing and evaluation, including technologies that have been certified by the Department, and any technologies used in a demonstration program administered by the Administration. The report shall also specify whether the technology was submitted by an academic institution, including an institution of higher education eligible to receive assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq. and 1101 et seq.)

(2)

First report

The first report submitted under this subsection shall assess such technologies for a period of not less than 2 years.

226.

In-line baggage screening study

The Assistant Secretary shall consult with the Advisory Committee and report to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, on deploying optimal baggage screening solutions and replacing baggage screening equipment nearing the end of its life cycle at commercial service airports. Specifically, the report shall address the Administration’s plans, estimated costs, and current benchmarks for replacing explosive detection equipment that is nearing the end of its life cycle.

227.

In-line checked baggage screening systems

(a)

Findings

Congress finds the following:

(1)

Since its inception, the Administration has procured and installed over 2,000 explosive detection systems (referred to in this section as EDS) and 8,000 explosive trace detection (referred to in this section as ETD) systems to screen checked baggage for explosives at the Nation’s commercial airports.

(2)

Initial deployment of stand-alone EDS machines in airport lobbies resulted in operational inefficiencies and security risks as compared to using EDS machines integrated in-line with airport baggage conveyor systems.

(3)

The Administration has acknowledged the advantages of fully integrating in-line checked baggage EDS systems, especially at large airports. According to the Administration, in-line EDS systems have proven to be cost-effective and more accurate at detecting dangerous items.

(4)

As a result of the large upfront capital investment required, these systems have not been deployed on a wide-scale basis. The Administration estimates that installing and operating the optimal checked baggage screening systems could potentially cost more than $20,000,000,000 over 20 years.

(5)

Nearly $2,000,000,000 has been appropriated for the installation of in-line explosive detection systems, including necessary baggage handling system improvements, since 2007.

(6)

Despite substantial funding, the Administration has made limited progress in deploying optimal screening solutions, including in-line systems, to 250 airports identified in its February 2006 strategic planning framework.

(b)

GAO report

The Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the Administration’s progress in deploying optimal baggage screening solutions and replacing aging baggage screening equipment at the Nation’s commercial airports. The report shall also include an analysis of the Administration’s methodology for expending public funds to deploy in-line explosive detection systems since 2007. The report shall address, at a minimum—

(1)

the Administration’s progress in deploying optimal screening solutions at the Nation’s largest commercial airports, including resources obligated and expended through fiscal year 2009;

(2)

the potential benefits and challenges associated with the deployment of optimal screening solutions at the Nation’s commercial airports; and

(3)

the Administration’s plans, estimated costs, and current milestones for replacing EDS machines that are nearing the end of their estimated useful product lives.

(c)

Updates required

Not later than 6 months after submitting the report required in subsection (b) and every 6 months thereafter until the funds appropriated for such systems are expended, the Comptroller General shall provide the Committee on Homeland Security of the House of Representatives an update regarding its analysis of the Administration’s expenditures for explosive detection and in-line baggage systems.

228.

IG report on certain policies for Federal air marshals

Not later than 120 days after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall review the minimum standards and policies regarding rest periods between deployments and any other standards or policies applicable to Federal air marshals reporting to duty. After such review, the Inspector General shall make any recommendations to such standards and policies the Inspector General considers necessary to ensure an alert and responsible workforce of Federal air marshals.

229.

Explosives detection canine teams minimum for aviation security

(a)

Aviation security

The Assistant Secretary shall ensure that the number of explosives detection canine teams for aviation security is not less than 250 through fiscal year 2011.

(b)

Cargo screening

The Secretary shall increase the number of canine detection teams, as of the date of enactment of this Act, deployed for the purpose of meeting the 100 percent air cargo screening requirement set forth in section 44901(g) of title 49, United States Code, by not less than 100 canine teams through fiscal year 2011.

230.

Assessments and GAO Report of inbound air cargo screening

Section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 478) is amended by inserting at the end the following:

(c)

Assessment of inbound compliance

Upon establishment of the inbound air cargo screening system, the Assistant Secretary shall submit a report to the Committee on Homeland Security in the House of Representatives on the impact, rationale, and percentage of air cargo being exempted from screening under exemptions granted under section 44901(i)(1) of title 49, United States Code.

(d)

GAO report

Not later than 120 days after the date of enactment of this Act and quarterly thereafter, the Comptroller General shall review the air cargo screening system for inbound passenger aircraft and report to the Committee on Homeland Security in the House of Representatives on the status of implementation, including the approximate percentage of cargo being screened, as well as the Administration’s methods to verify the screening system’s implementation.

.

231.

Status of efforts to promote air cargo shipper certification

Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of the Administration’s plan to promote a program to certify the screening methods used by shippers in a timely manner, in accordance with section 44901(g) of title 49, United States Code, including participation by shippers with robust and mature internal security programs.

232.

Full and open competition in security background screening service

Not later than 9 months after the date of enactment of this section, the Secretary shall publish in the Federal Register a notice that the selection process for security background screening services for persons requiring background screening in the aviation industry is subject to full and open competition. The notice shall include—

(1)

a statement that airports and other affected entities are not required to use a single service provider of background screening services and may use the services of other providers approved by the Assistant Secretary;

(2)

any requirements for disposal of personally identifiable information by the approved provider by a date certain; and

(3)

information on all technical specifications and other criteria required by the Assistant Secretary to approve a background screening service provider.

233.

Trusted passenger/Registered Traveler program

(a)

Assessments and background checks

(1)

In general

Subject to paragraph (2) and not later than 120 days after the date of enactment of this Act, to enhance aviation security through risk management at airport checkpoints through use of a trusted passenger program, commonly referred to as the Registered Traveler program, established pursuant to section 109(a)(3) of the Aviation Transportation Security Act (115 Stat. 597), the Assistant Secretary shall—

(A)

reinstate an initial and continuous security threat assessment program as part of the Registered Traveler enrollment process; and

(B)

allow Registered Traveler providers to perform private sector background checks as part of their enrollment process with assurance that the program shall be undertaken in a manner consistent with constitutional privacy and civil liberties protections and be subject to approval and oversight by the Assistant Secretary.

(2)

Requirements

The Assistant Secretary shall not reinstate the threat assessment component of the Registered Traveler program or allow certain background checks unless the Assistant Secretary—

(A)

determines that the Registered Traveler program, in accordance with this subsection, is integrated into risk-based aviation security operations; and

(B)

expedites checkpoint screening, as appropriate, for Registered Traveler members who have been subjected to a security threat assessment and the private sector background check under this subsection.

(b)

Notification

(1)

Contents

Not later than 180 days after the date of enactment of this Act, if the Assistant Secretary determines that the Registered Traveler program can be integrated into risk-based aviation security operations under subsection (a), the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding—

(A)

the level of risk reduction provided by carrying out section (a); and

(B)

how the Registered Traveler program has been integrated into risk-based aviation security operations.

(2)

Changes to protocol

The Assistant Secretary shall also set forth what changes to the program, including screening protocols, have been implemented to realize the full potential of the Registered Traveler program.

(c)

Treatment of individuals with top secret security clearances

Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish protocols to—

(1)

verify the identity of United States citizens who participate in the Registered Traveler program and possess a valid top secret security clearance granted by the Federal Government; and

(2)

allow alternative screening procedures for individuals described in paragraph (1), including random, risk-based screening determined necessary to respond to a specific threat to security identified pursuant to a security threat assessment.

(d)

Rule of construction

Nothing in this section shall be construed to authorize any nongovernmental entity to perform vetting against the terrorist screening database maintained by the Administration.

234.

Report on cabin crew communication

Not later than one year after the date of enactment of this Act, the Assistant Secretary, in consultation with the Advisory Committee established under section 44946 of title 49, United States Code, shall prepare a report that assesses technologies and includes standards for the use of wireless devices to enhance transportation security on aircraft for the purpose of ensuring communication between and among cabin crew and pilot crewmembers, embarked Federal air marshals, and authorized law enforcement officials, as appropriate.

235.

Air cargo crew training

The Assistant Secretary, in consultation with the Advisory Committee established under section 44946 of title 49, United States Code, shall develop a plan for security training for the all-cargo aviation threats for pilots and, as appropriate, other crewmembers operating in all-cargo transportation.

236.

Reimbursement for airports that have incurred eligible costs

(a)

Process

Section 1604(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 481) is amended to read as follows:

(2)

Airports that have incurred eligible costs

(A)

In general

Not later than 60 days after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a process for resolving reimbursement claims for airports that have incurred, before the date of enactment of this Act, eligible costs associated with development of partial or completed in-line baggage systems.

(B)

Process for receiving reimbursement

The process shall allow an airport—

(i)

to submit a claim to the Assistant Secretary for reimbursement for eligible costs described in subparagraph (A); and

(ii)

not later than 180 days after date on which the airport submits the claim, to receive a determination on the claim and, if the determination is positive, to be reimbursed.

(C)

Report

Not later than 60 days after the date on which the Assistant Secretary establishes the process under subparagraph (B), the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report containing a description of the process, including a schedule for the timely reimbursement of airports for which a positive determination has been made.

.

(b)

Reimbursements of airports for eligible costs reimbursed at less than 90 percent

If the Secretary or Assistant Secretary reimbursed, after August 3, 2007, an airport that incurred an amount for eligible costs under section 44923 of title 49, United States Code, that was less than 90 percent of such costs, the Secretary or Assistant Secretary shall reimburse such airport under such section an amount equal to the difference for such eligible costs.

237.

Report on whole body imaging technology

Upon completion of the ongoing whole body imaging technology pilot, the Assistant Secretary shall submit a 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 results of the pilot, including how privacy protections were integrated.

238.

Protective equipment

(a)

Use of personal protective equipment

(1)

In general

Any personnel of the Transportation Security Administration voluntarily may wear personal protective equipment during any emergency.

(2)

Written guidance

Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish, coordinate, and disseminate written guidance to personnel of the Transportation Security Administration to allow for the voluntary usage of personal protective equipment.

(3)

Definition

In this subsection, the term personal protective equipment includes surgical and N95 masks, gloves, and hand sanitizer.

(b)

Definition

In this section the term protective equipment includes surgical masks and N95 masks.

239.

Security screening for members of the Armed Forces

(a)

In general

Section 44903 of title 49, United States Code (as amended by this Act), is further amended by adding at the end the following:

(n)

Security screening for members of the Armed Forces

(1)

In general

The Assistant Secretary shall develop and implement a plan to provide expedited security screening services for a member of the Armed Forces, and any accompanying family member, when the member of the Armed Forces is traveling on official orders while in uniform through a primary airport (as defined by section 47102).

(2)

Protocols

In developing the plan, the Assistant Secretary shall consider—

(A)

leveraging existing security screening models used by airports and air carriers to reduce passenger wait times before entering a security screening checkpoint;

(B)

establishing standard guidelines for the screening of military uniform items, including combat boots; and

(C)

incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act (115 Stat. 613), or into the development of any new credential or system that incorporates biometric technology and other applicable technologies to verify the identity of individuals traveling in air transportation.

(3)

Report to Congress

The Assistant Secretary shall submit to the appropriate committees of Congress a report on the implementation of the plan.

.

(b)

Effective date

Not later than one year after the date of enactment of this Act, the Assistant Secretary shall establish the plan required by the amendment made by subsection (a).

240.

Report on complaints and claims for loss of property from passenger baggage

Not later than six months after the date of enactment of this Act, the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives on complaints and claims received by the Administration for loss of property with respect to passenger baggage screened by the Administration, including—

(1)

the number of such claims that are outstanding;

(2)

the total value of property alleged in such outstanding claims to be missing;

(3)

an estimate of the amount of time that will be required to resolve all such outstanding claims;

(4)

the amount of Administration resources that will be devoted to resolving such outstanding claims, including the number of personnel and funding; and

(5)

efforts that the Administration is making or is planning to make to address passenger grievances regarding such losses, enhance passenger property security, and provide effective oversight of baggage screeners and other Administration personnel who come in contact with passenger property.

241.

Report on certain security plan

Not later than 90 days after the date of enactment of this Act, the Assistant Secretary shall submit a report to the appropriate committees of Congress that—

(1)

reviews whether the most recent security plans developed by the commercial aviation airports in the United States territories meet the security concerns described in guidelines and other official documents issued by the Transportation Security Administration pertaining to parts 1544 and 1546 of title 49, Code of Federal Regulations, particularly with regard to the commingling of passengers;

(2)

makes recommendations regarding best practices supported by the Transportation Security Administration and any adequate alternatives that address the problems or benefits of commingling passengers at such airports to satisfy the concerns described in paragraph (1);

(3)

reviews the potential costs of implementing the preferred and alternative methods to address the Administration concerns regarding parts 1544 and 1546 of title 49, Code of Federal Regulations, particularly in regards to the commingling of passengers at the airport; and

(4)

identifies funding sources, including grant programs, to implement improved security methods at such airports.

242.

Study on combination of facial and iris recognition

(a)

Study required

The Assistant Secretary shall carry out a study on the use of the combination of facial and iris recognition to rapidly identify individuals in security checkpoint lines. Such study shall focus on—

(1)

increased accuracy of facial recognition;

(2)

enhancement of existing iris recognition technology; and

(3)

establishment of integrated face and iris features for accurate identification of individuals.

(b)

Purpose of study

The purpose of the study required by subsection (a) is to facilitate the use of a combination of facial and iris recognition to provide a higher probability of success in identification than either approach on its own and to achieve transformational advances in the flexibility, authenticity, and overall capability of integrated biometric detectors and satisfy one of major issues with war against terrorists. The operational goal of the study should be to provide the capability to non-intrusively collect biometrics (face image, iris) in less than ten seconds without impeding the movement of individuals.

243.

Issuance of regulations and security directives using emergency procedures

(a)

In general

Section 114(l) of title 49, United States Code, is amended—

(1)

in paragraph (2)—

(A)

in subparagraph (A) by striking immediately in order to protect transportation security and inserting in order to respond to an imminent threat of finite duration; and

(B)

in subparagraph (B) by inserting to determine if the regulation or security directive is needed to respond to an imminent threat of finite duration before the period at the end of the first sentence;

(2)

by striking paragraph (3) and inserting the following:

(3)

Factors to consider

(A)

In general

In determining whether to issue, rescind, or revise a regulation or security directive under this subsection, the Under Secretary shall consider, as factors in the final determination—

(i)

whether the costs of the regulation or security directive are excessive in relation to the enhancement of security the regulation or security directive will provide;

(ii)

whether the regulation or security directive will remain effective for more than a 90-day period; and

(iii)

whether the regulation or security directive will require revision in the subsequent 90-day period.

(B)

Authority to waive certain requirements

For purposes of subparagraph (A)(i), the Under Secretary may waive requirements for an analysis that estimates the number of lives that will be saved by the regulation or security directive and the monetary value of such lives if the Under Secretary determines that it is not feasible to make such an estimate.

; and

(3)

by adding at the end the following:

(5)

Rulemaking required

Any regulation or security directive issued under paragraph (2) that remains effective, with or without revision, for a period of more than 180 days shall be subject to a rulemaking pursuant to subchapter II of chapter 5 of title 5.

.

(b)

Applicability

The amendment made by subsection (a)(3) shall apply to a regulation issued under section 114(l)(2) of title 49, United States Code, before, on, or after the date of enactment of this Act.

III

Surface Transportation Security

301.

Assistant Secretary defined

Section 1301 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111) is amended—

(1)

by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and

(2)

by inserting after paragraph (1) the following:

(2)

Assistant Secretary

The term Assistant Secretary means the Assistant Secretary of Homeland Security (Transportation Security Administration).

.

302.

Surface transportation security inspection program

(a)

Findings

Congress finds the following:

(1)

Surface transportation security inspectors assist passenger rail stakeholders in identifying security gaps through Baseline Assessment for Security Enhancement (BASE) reviews, monitor freight rail stakeholder efforts to reduce the risk that toxic inhalation hazard shipments pose to high threat urban areas through Security Action Item (SAI) reviews, and assist in strengthening chain of custody security.

(2)

Surface transportation security inspectors play a critical role in building and maintaining working relationships with transit agencies and acting as liaisons between such agencies and the Transportation Security Operations Center, relationships which are vital to effective implementation of the surface transportation security mission.

(3)

In December 2006, the Transportation Security Administration shifted from a system in which surface transportation security inspectors reported to surface-focused supervisors to a system in which inspectors report to aviation-focused supervisors in the field; a shift which has resulted in a strained chain of command, misappropriation of inspectors to nonsurface activities, the hiring of senior-level inspectors with no surface qualifications, and significant damage to relationships with transit agencies and inspector morale.

(b)

Surface Transportation Security Inspection Office

Section 1304 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113) is amended—

(1)

by redesignating subsections (c) through (j) as subsections (b) through (i), respectively; and

(2)

by striking subsections (a) and (b) and inserting the following:

(a)

Surface Transportation Security Inspection Office

(1)

Establishment

The Secretary, acting through the Assistant Secretary, shall establish an office to be known as the Surface Transportation Security Inspection Office (in this section referred to as the Office).

(2)

Mission

The Secretary shall use the Office to train, employ, and utilize surface transportation security inspectors to—

(A)

assist surface transportation carriers, operators, owners, entities, and facilities to enhance their security against terrorist attacks and other security threats; and

(B)

assist the Secretary in enforcing applicable surface transportation security regulations and directives.

(3)

Officers

(A)

Director

The head of the Office shall be the Director, who shall—

(i)

oversee and coordinate the activities of the Office, including all officers and any corresponding surface transportation modes in which the Office carries out such activities, and the surface transportation security inspectors who assist in such activities; and

(ii)

act as the primary point of contact between the Office and other entities that support the Department’s surface transportation security mission to ensure efficient and appropriate use of surface transportation security inspectors and maintain strong working relationships with surface transportation security stakeholders.

(B)

Deputy Director

There shall be a Deputy Director of the Office, who shall—

(i)

assist the Director in carrying out the responsibilities of the Director under this subsection; and

(ii)

serve as acting Director in the absence of the Director and during any vacancy in the office of Director.

(4)

Appointment

(A)

In general

The Director and Deputy Director shall be responsible on a full-time basis for the duties and responsibilities described in this subsection.

(B)

Classification

The position of Director shall be considered a position in the Senior Executive Service as defined in section 2101a of title 5, United States Code, and the position of Deputy Director shall be considered a position classified at grade GS–15 of the General Schedule.

(5)

Limitation

No person shall serve as an officer under subsection (a)(3) while serving in any other position in the Federal Government.

(6)

Field Offices

(A)

Establishment

The Secretary shall establish primary and secondary field offices in the United States to be staffed by surface transportation security inspectors in the course of carrying out their duties under this section.

(B)

Designation

The locations for, and designation as primary or secondary of, such field offices shall be determined in a manner that is consistent with the Department’s risk-based approach to carrying out its homeland security mission.

(C)

Command structure

(i)

Primary field offices

Each primary field office shall be led by a chief surface transportation security inspector, who has significant experience with surface transportation systems, facilities, and operations and shall report directly to the Director.

(ii)

Secondary field offices

Each secondary field office shall be led by a senior surface transportation security inspector, who shall report directly to the chief surface transportation security inspector of a geographically appropriate primary field office, as determined by the Director.

(D)

Personnel

Not later than 18 months after the date of enactment of the Transportation Security Administration Authorization Act, field offices shall be staffed with—

(i)

not fewer than 7 surface transportation security inspectors, including one chief surface transportation security inspector, at every primary field office; and

(ii)

not fewer than 5 surface transportation security inspectors, including one senior surface transportation security inspector, at every secondary field office.

.

(c)

Number of Inspectors

Section 1304(e) of such Act (6 U.S.C. 1113(e)), as redesignated by subsection (b) of this section, is amended to read as follows:

(e)

Number of Inspectors

Subject to the availability of appropriations, the Secretary shall hire not fewer than—

(1)

200 additional surface transportation security inspectors in fiscal year 2010; and

(2)

100 additional surface transportation security inspectors in fiscal year 2011.

.

(d)

Coordination

Section 1304(f) of such Act (6 U.S.C. 1113(f)), as redesignated by subsection (b) of this section, is amended by striking 114(t) and inserting 114(s).

(e)

Report

Section 1304(h) of such Act (6 U.S.C. 1113(h)), as redesignated by subsection (b) of this section, is amended by striking 2008 and inserting 2011.

(f)

Plan

Section 1304(i) of such Act (6 U.S.C. 1113(i)), as redesignated by subsection (b) of this section, is amended to read as follows:

(i)

Plan

(1)

In general

Not later than 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for expanding the duties and leveraging the expertise of surface transportation security inspectors to further support the Department’s surface transportation security mission.

(2)

Contents

The plan shall include—

(A)

an analysis of how surface transportation security inspectors could be used to conduct oversight activities with respect to surface transportation security projects funded by relevant grant programs administered by the Department;

(B)

an evaluation of whether authorizing surface transportation security inspectors to obtain or possess law enforcement qualifications or status would enhance the capacity of the Office to take an active role in the Department’s surface transportation security operations; and

(C)

any other potential functions relating to surface transportation security the Secretary determines appropriate.

.

(g)

Authorization of appropriations

Section 1304 of such Act (6 U.S.C. 1113) is amended by adding at the end the following:

(j)

Authorization of appropriations

From amounts made available under section 101 of the Transportation Security Administration Authorization Act, there are authorized to be appropriated such sums as may be necessary to the Secretary to carry out this section for fiscal years 2010 and 2011.

.

(h)

Conforming amendment

Section 1304(b) of such Act (6 U.S.C. 1113(b)), as redesignated by subsection (b) of this section, is amended by striking subsection (e) and inserting subsection (d).

303.

Visible intermodal prevention and response teams

Section 1303 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is amended—

(1)

in subsection (a) by striking Administrator of the Transportation Security Administration, and inserting Assistant Secretary,;

(2)

in subsection (a)(4) by striking team, and inserting team as to specific locations and times within their facilities at which VIPR teams should be deployed to maximize the effectiveness of such deployment and other matters,; and

(3)

by striking subsection (b) and inserting the following:

(b)

Performance measures

Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall develop and implement a system of qualitative performance measures and objectives by which to assess the roles, activities, and effectiveness of VIPR team operations on an ongoing basis, including a mechanism through which the transportation entities listed in subsection (a)(4) may submit feedback on VIPR team operations involving their systems or facilities.

(c)

Plan

Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall develop and implement a plan for ensuring the interoperability of communications among all participating VIPR team components as designated under subsection (a)(1) and between VIPR teams and any relevant transportation entities as designated in subsection (a)(4) whose systems or facilities are involved in VIPR team operations, including an analysis of the costs and resources required to carry out the plan.

(d)

Authorization of Appropriations

From amounts made available under section 101 of the Transportation Security Administration Authorization Act, there are authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for fiscal years 2010 and 2011.

.

304.

Surface Transportation Security stakeholder participation

(a)

In general

Title XIII of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) is amended by adding at the end the following:

1311.

Transit Security Advisory Committee

(a)

Establishment

(1)

In general

The Assistant Secretary shall establish in the Transportation Security Administration an advisory committee, to be known as the Transit Security Advisory Committee (in this section referred to as the Advisory Committee), to assist the Assistant Secretary with issues pertaining to surface transportation security.

(2)

Recommendations

(A)

In general

The Assistant Secretary shall require the Advisory Committee to develop recommendations for improvements to surface transportation security planning, methods, equipment, and processes.

(B)

Priority issues

Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Advisory Committee shall submit to the Assistant Secretary recommendations on—

(i)

improving homeland security information sharing between components of the Department of Homeland Security and surface transportation security stakeholders, including those represented on the Advisory Committee; and

(ii)

streamlining or consolidating redundant security background checks required by the Department under relevant statutes governing surface transportation security, as well as redundant security background checks required by States where there is no legitimate homeland security basis for requiring such checks.

(3)

Meetings

The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.

(4)

Unpaid position

Advisory Committee Members shall serve at their own expense and receive no salary, reimbursement for travel expenses, or other compensation from the Federal Government.

(b)

Membership

(1)

In general

The Assistant Secretary shall ensure that the Advisory Committee is composed of not more than one individual representing not more than 27 member organizations, including representatives from public transportation agencies, passenger rail agencies or operators, railroad carriers, motor carriers, owners or operators of highways, over-the-road bus operators and terminal owners and operators, pipeline operators, labor organizations representing employees of such entities, and the surface transportation security technology industry.

(2)

Appointments

Members shall be appointed by the Assistant Secretary and the Assistant Secretary shall have the discretion to review the participation of any Advisory Committee member and remove for cause at any time.

(c)

Nonapplicability of FACA

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee under this section.

(d)

Passenger carrier security working group

(1)

In general

The Assistant Secretary shall establish within the Advisory Committee a passenger carrier security working group to provide recommendations for successful implementation of initiatives relating to passenger rail, over-the-road bus, and public transportation security proposed by the Transportation Security Administration in accordance with statutory requirements, including relevant grant programs and security training provisions.

(2)

Meetings

The working group shall meet at least semiannually and provide annual reports to the Assistant Secretary with recommendations to improve the Transportation Security Administration’s initiatives relating to passenger rail, over-the-road bus, and public transportation security, including grant, training, inspection, or other relevant programs authorized in titles XIII and XIV, and subtitle C of title XV of this Act.

(3)

Membership

The working group shall be composed of members from the Advisory Committee with expertise in public transportation, over-the-road bus, or passenger rail systems and operations, all appointed by the Assistant Secretary.

(4)

Reports

(A)

In general

The working group shall prepare and submit reports to the Assistant Secretary in accordance with this paragraph that provide recommendations as described in paragraphs (1) and (2).

(B)

Submission

Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, and on an annual basis thereafter, the working group shall submit a report on the findings and recommendations developed under subparagraph (A) to the Assistant Secretary.

(e)

Freight rail security working group

(1)

In general

The Assistant Secretary shall establish within the Advisory Committee a freight rail security working group to provide recommendations for successful implementation of initiatives relating to freight rail security proposed by the Transportation Security Administration in accordance with statutory requirements, including relevant grant programs and security training provisions.

(2)

Meetings

The working group shall meet at least semiannually and provide annual reports to the Assistant Secretary with recommendations to improve the Transportation Security Administration’s initiatives relating to freight rail security, including grant, training, inspection, or other relevant programs authorized in titles XIII and XV of this Act.

(3)

Membership

The working group shall be composed of members from the Advisory Committee with expertise in freight rail systems and operations, all appointed by the Assistant Secretary.

(4)

Reports

(A)

In general

The working group shall prepare and submit reports to the Assistant Secretary in accordance with this paragraph that provide recommendations as described in paragraphs (1) and (2).

(B)

Submission

Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, and on an annual basis thereafter, the working group shall submit a report on the findings and recommendations developed under subparagraph (A) to the Assistant Secretary.

.

(b)

Conforming amendment

Section 1(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53) is amended by adding at the end of title XIII (Transportation Security Enchantments) the following:

Sec. 1311. Transit Security Advisory Committee.

.

305.

Human capital plan for surface transportation security personnel

(a)

In general

Not later than one year after the date of enactment of this Act, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a human capital plan for hiring, training, managing, and compensating surface transportation security personnel, including surface transportation security inspectors.

(b)

Consultation

In developing the human capital plan, the Assistant Secretary shall consult with the chief human capital officer of the Department of Homeland Security, the Director of the Surface Transportation Security Inspection Office, the Inspector General of the Department of Homeland Security, and the Comptroller General.

(c)

Approval

Prior to submission, the human capital plan shall be reviewed and approved by the chief human capital officer of the Department of Homeland Security.

306.

Surface transportation security training

(a)

Status Report

Not later than 30 days after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the status of the Department’s implementation of sections 1408, 1517, and 1534 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184), including detailed timeframes for development and issuance of the transportation security training regulations required under such sections.

(b)

Private providers

Not later than one year after the date of enactment of this Act, the Assistant Secretary shall identify criteria and establish a process for approving and maintaining a list of approved private third-party providers of security training with whom surface transportation entities may enter into contracts, as needed, for the purpose of satisfying security training requirements of the Department of Homeland Security, including requirements developed under sections 1408, 1517, and 1534 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184), in accordance with section 103 of this Act.

307.

Improvement of public transportation security assistance

(a)

In general

Section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53) is amended—

(1)

in subsection (b)(1)—

(A)

in subparagraph (B), by inserting bollards, after including; and

(B)

in subparagraph (D), by inserting after including the following: projects for the purpose of demonstrating or assessing the capability of such systems and;

(2)

by redesignating subsections (e) through (k) as subsections (f) through (l), respectively;

(3)

by redesignating subsections (l) and (m) as subsections (n) and (o), respectively;

(4)

by inserting after subsection (d) the following new subsection (e):

(e)

Procedure

(1)

Timeline

(A)

Availability of applications

Applications for grants under this section for a grant cycle shall be made available to eligible applicants not later than 30 days after the date of the enactment of the appropriations Act for the Department of Homeland Security for the same fiscal year as the grant cycle.

(B)

Submission of applications

A public transportation agency that is eligible for a grant under this section shall submit an application for a grant not later than 45 days after the applications are made available under subparagraph (A).

(C)

Action

The Secretary shall make a determination approving or rejecting each application submitted under subparagraph (B), notify the applicant of the determination, and immediately commence any additional processes required to allow an approved applicant to begin to receive grant funds by not later than 60 days after date on which the Secretary receives the application.

(2)

Prohibition of cost-sharing requirement

No grant under this section may require any cost-sharing contribution from the grant recipient or from any related State or local agency.

(3)

Annual report

Not later than the date that is 180 days after the last determination made under paragraph (1)(C) for a grant cycle, the Secretary shall submit to the Committees on Appropriations and Homeland Security of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report that includes a list of all grant awarded under this section for that grant cycle for which the grant recipient is not, as of such date, able to receive grant funds and an explanation of why such funds have not yet been released for use by the recipient.

(4)

Performance

(A)

Duration

The performance period for grants made under this section shall be a period of time not less than 36 months in duration.

(B)

Timing

The performance period for any grant made under this section shall not begin to run until the recipient of the grant has been formally notified that funds provided under the terms of the grant have been released for use by the recipient.

;

(5)

by inserting after subsection (l), as redesignated by paragraph (2) of this section, the following new subsection (m):

(m)

Access

The Secretary shall ensure that, for each grant awarded under this section, the Inspector General of the Department is authorized to—

(1)

examine any records of the grant recipient or any contractors or subcontractors with which the recipient enters into a contract, or any State or local agency, that directly pertain to and involve transactions relating to grants under this section; and

(2)

interview any officer or employee of the recipient, any contractors or subcontractors with which the recipient enters into a contract, or State or local agency regarding such transactions.

; and

(6)

in subsection (o), as redesignated by paragraph (3) of this section—

(A)

by striking paragraph (1) and inserting the following new paragraph (1):

(1)

In general

There is authorized to be appropriated to the Secretary to make grants under this section—

(A)

$900,000,000 for fiscal year 2010, except that not more than 30 percent of such funds may be used for operational costs under subsection (b)(2) of this section; and

(B)

$1,100,000,000 for fiscal year 2011, except that not more than 30 percent of such funds may be used for operational costs under subsection (b)(2) of this section.

;

(B)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(C)

by inserting after paragraph (2) the following new paragraph (3):

(3)

Exception

The limitation on the percentage of funds that may be used for operational costs under paragraph (1) shall not apply to any costs involved with or relating to explosives detection canine teams acquired or used for the purpose of securing public transportation systems or facilities.

.

(b)

Technical assistance pilot program

(1)

Pilot program required

(A)

In general

Not later than one year after the date of the enactment of this Act, the Assistant Secretary shall conduct and complete a pilot program to provide grants to not more than 7 public transportation agencies eligible for security grants under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53) for the purpose of obtaining external technical support and expertise to assist such agencies in conducting comprehensive security risk assessments of public transportation systems, resources, and facilities.

(B)

Methodology

Not later than 60 days after the date of the enactment of this Act, the Assistant Secretary shall identify—

(i)

a comprehensive risk methodology for conducting comprehensive security risk assessments using grants made under this subsection that accounts for all three elements of risk, including threat, vulnerability, and consequence; and

(ii)

an approved third-party provider of technical support and expertise for the purpose of providing external assistance to grantees in conducting comprehensive security risk assessments.

(C)

Participants

(i)

In general

In selecting public transportation agencies to participate in the pilot program, the Assistant Secretary shall approve eligible agencies based on a combination of factors, including risk, whether the agency has completed a comprehensive security risk assessment referred to in subparagraph (B)(i) within a year preceding the date of enactment of this Act, and geographic representation.

(ii)

Prior efforts

No eligible public transportation agency may be denied participation in the pilot program on the grounds that it has applied for other grants administered by the Department for the purpose of conducting a comprehensive security risk assessment.

(D)

Prohibitions

In carrying out the pilot program the Assistant Secretary shall ensure that—

(i)

grants awarded under the pilot program shall supplement and not replace other sources of Federal funding;

(ii)

other sources of Federal funding are not taken into consideration when assistance is awarded under the pilot program; and

(iii)

no aspect of the pilot program is conducted or administered by a component of the Department other than the Transportation Security Administration.

(2)

Report

Not later than 180 days after the completion of the pilot program, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report on the results of the pilot program, including an analysis of the feasibility and merit of expanding the pilot program to a permanent program and any recommendations determined appropriate by the Assistant Secretary.

(3)

Authorization of appropriations

Of amounts made available pursuant to section 101 for fiscal year 2010, $7,000,000 shall be available to the Assistant Secretary to carry out this subsection. Any amount made available to the Assistant Secretary pursuant to this paragraph shall remain available until the end of fiscal year 2011.

(c)

Report on recommendations of Comptroller General

(1)

Report required

Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of the Secretary’s implementation of the recommendations of the Comptroller General with respect to the improvement of the administration of security grants under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53).

(2)

Review by Inspector General

Before the Secretary submits the report required under paragraph (1), the report shall be reviewed by the Inspector General of the Department of Homeland Security. When the Secretary submits the report to Congress under paragraph (1), the Secretary shall include with the report documentation verifying that the report was reviewed by the Inspector General in accordance with this paragraph.

308.

International lessons learned for securing passenger rail and public transportation systems

(a)

Findings

Congress finds that—

(1)

numerous terrorist attacks since September 11, 2001, have targeted passenger rail or public transportation systems;

(2)

nearly 200 people were killed and almost 2,000 more were injured when terrorists set off 10 simultaneous explosions on 4 commuter trains in Madrid, Spain, on March 11, 2004;

(3)

50 people were killed and more than 700 injured in successive bombings of 3 transit stations and a public bus in London, England, on July 7, 2005, and a second attack against 4 similar targets on July 21, 2005, failed because of faulty detonators;

(4)

more than 200 people were killed and more than 700 injured in simultaneous terrorist bombings of commuter trains on the Western Line in the suburbs of Mamba, India, on July 11, 2006;

(5)

the acts of terrorism in Mamba, India, on November 26, 2008, included commando-style attacks on a major railway station; and

(6)

a disproportionately low amount of attention and resources have been devoted to surface transportation security by the Department of Homeland Security, including the security of passenger rail and public transportation systems, as compared with aviation security, which has been the primary focus of Federal transportation security efforts generally, and of the Transportation Security Administration in particular.

(b)

Study

The Comptroller General shall conduct a study on the efforts undertaken by the Secretary and Assistant Secretary, as well as other entities determined by the Comptroller General to have made significant efforts, since January 1, 2004, to learn from foreign nations that have been targets of terrorist attacks on passenger rail and public transportation systems in an effort to identify lessons learned from the experience of such nations to improve the execution of Department functions to address transportation security gaps in the United States.

(c)

Report

(1)

In general

Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the study. The report shall also include an analysis of relevant legal differences that may affect the ability of the Department to apply lessons learned.

(2)

Recommendations

The Comptroller General shall include in the report recommendations on how the Department and its components, including the Transportation Security Administration, can expand efforts to learn from the expertise and the security practices of passenger rail and public transportation systems in foreign nations that have experienced terrorist attacks on such systems.

309.

Underwater tunnel security demonstration project

(a)

Demonstration project

The Assistant Secretary, in consultation with the Under Secretary for Science and Technology, shall conduct a full-scale demonstration project to test and assess the feasibility and effectiveness of certain technologies to enhance the security of underwater public transportation tunnels against terrorist attacks involving the use of improvised explosive devices.

(b)

Inflatable plugs

(1)

In general

At least one of the technologies tested under subsection (a) shall be inflatable plugs that may be rapidly deployed to prevent flooding of a tunnel.

(2)

First technology tested

Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall carry out a demonstration project that tests the effectiveness of using inflatable plugs for the purpose described in paragraph (1).

(c)

Report to congress

Not later than 180 days after completion of the demonstration project under this section, the Assistant Secretary shall submit a report to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, on the results of the demonstration project.

(d)

Authorization of appropriation

Of the amounts made available under section 101 for fiscal year 2010, $8,000,000 shall be available to carry out this section.

310.

Passenger rail security demonstration project

(a)

Demonstration project

The Assistant Secretary, in consultation with the Under Secretary for Science and Technology, shall conduct a demonstration project in a passenger rail system to test and assess the feasibility and effectiveness of technologies to strengthen the security of passenger rail systems against terrorist attacks involving the use of improvised explosive devices.

(b)

Security technologies

The demonstration project under this section shall test and assess technologies to—

(1)

detect improvised explosive devices on station platforms, through the use of foreign object detection programs in conjunction with cameras; and

(2)

defeat improvised explosive devices left on rail tracks.

(c)

Report to Congress

Not later than 180 days after completion of the demonstration project under this section, the Assistant Secretary shall submit a report to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, on the results of the demonstration project.

311.

Explosives detection canine teams

Section 1307 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)(A), by striking 2010 and inserting 2011; and

(B)

by adding at the end the following new paragraph:

(3)

Allocation

(A)

In general

The Secretary shall increase the number of canine teams certified by the Transportation Security Administration for the purpose of passenger rail and public transportation security activities to not less than 200 canine teams by the end of fiscal year 2011.

(B)

Cooperative agreements

The Secretary shall expand the use of canine teams to enhance passenger rail and public transportation security by entering into cooperative agreements with passenger rail and public transportation agencies eligible for security assistance under section 1406 of this Act for the purpose of deploying and maintaining canine teams to such agencies for use in passenger rail or public transportation security activities and providing for assistance in an amount not less than $75,000 for each canine team deployed, to be adjusted by the Secretary for inflation.

(C)

Authorization of appropriations

From amounts made available under section 101 of the Transportation Security Administration Authorization Act, there are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this paragraph for fiscal years 2010 and 2011.

;

(2)

in subsection (d)—

(A)

in paragraph (3), by striking and;

(B)

in paragraph (4), by striking the period at the end and inserting the following: ; and; and

(C)

by adding at the end the following new paragraph:

(5)

expand the use of canine teams trained to detect vapor wave trails in passenger rail and public transportation security environments, as the Secretary, in consultation with the Assistant Secretary, determines appropriate.

;

(3)

in subsection (e), by striking , if appropriate, and inserting , to the extent practicable,; and

(4)

by striking subsection (f) and inserting the following new subsection (f):

(f)

Report

Not later than one year after the date of the enactment of the Transportation Security Administration Authorization Act, the Comptroller General shall submit to the appropriate congressional committees a report on—

(1)

utilization of explosives detection canine teams to strengthen security in passenger rail and public transportation environments;

(2)

the capacity of the national explosive detection canine team program as a whole; and

(3)

how the Assistant Secretary could better support State and local passenger rail and public transportation entities in maintaining certified canine teams for the life of the canine, including by providing financial assistance.

.

312.

Deputy Assistant Secretary for surface transportation security

(a)

Sense of Congress

It is the sense of Congress that—

(1)

the Transportation Security Administration’s capacity to address surface transportation security would be enhanced significantly by establishing a position of Deputy Assistant Secretary for Surface Transportation Security to lead the Transportation Security Administration’s surface transportation security mission; and

(2)

a Deputy Assistant Secretary for Surface Transportation Security could provide the focused leadership and resource management necessary to implement the policies and programs that are critical to securing surface transportation modes and ensure the effectiveness of the Surface Transportation Security Inspection Office, security policy and grant functions affecting surface transportation modes, and the Transit Security Advisory Committee.

(b)

Report

(1)

In general

Not later than 270 days after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the feasibility and merit of establishing a Deputy Assistant Secretary for Surface Transportation Security in the Transportation Security Administration to reflect the reality of security threats that are faced by all modes of transportation in the United States and also whether establishing the position of a Deputy Assistant Secretary for Aviation Security would more effectively streamline or enhance the operational and policymaking capabilities of the Transportation Security Administration for all transportation modes.

(2)

Recommendations

The Inspector General shall include in the report recommendations on—

(A)

the most effective and efficient ways to organize offices, functions, personnel, and programs of the Transportation Security Administration under or among all respective Deputy Assistant Secretary positions to be created;

(B)

what offices, functions, personnel, and programs of the Transportation Security Administration would best remain outside of the scope of any new Deputy Assistant Secretary positions in order that such offices, functions, personnel, and programs maintain the status of reporting directly to the Assistant Secretary; and

(C)

any other relevant matters, as the Inspector General determines appropriate.

313.

Public hearings on security assistance grant program and the restriction of security improvement priorities

(a)

Public hearings

Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall conduct public hearings on the administration of the security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135). The Assistant Secretary shall—

(1)

solicit information and input from the 5 urban areas that receive the largest amount of grant funds under such section, including recipients providing mass transportation and passenger rail services; and

(2)

solicit feedback from such recipients on whether current allowable uses of grant funds under the regulations or guidance implementing the grant program are sufficient to address security improvement priorities identified by transit agencies.

(b)

Report to Congress

The Assistant Secretary shall submit to the Committees on Appropriations and Homeland Security of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report on the findings of the public hearings conducted under paragraph (1). The report shall include—

(1)

the Assistant Secretary’s determinations with respect to the extent to which security improvement priorities identified by transit agencies are not met by the regulations or guidance implementing the grant program; and

(2)

how such regulations or guidance should be changed to accommodate such priorities, or the Assistant Secretary’s justification for not addressing such priorities with the grant program.

IV

Transportation Security Enhancements

A

Security Enhancements

401.

Report and recommendation for uniform security background checks

Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives a report that contains—

(1)

a review of background checks and forms of identification required under State and local transportation security programs;

(2)

a determination as to whether the background checks and forms of identification required under such programs duplicate or conflict with Federal programs; and

(3)

recommendations on limiting the number of background checks and forms of identification required under such programs to reduce or eliminate duplication with Federal programs.

402.

Animal-propelled vessels

Notwithstanding section 70105 of title 46, United States Code, the Secretary shall not require an individual to hold a transportation security card, or be accompanied by another individual who holds such a card if—

(1)

the individual has been issued a license, certificate of registry, or merchant mariner’s document under part E of subtitle II of title 46, United States Code;

(2)

the individual is not allowed unescorted access to a secure area designated in a vessel or facility security plan approved by the Secretary; and

(3)

the individual is engaged in the operation of a live animal-propelled vessel.

403.

Requirements for issuance of transportation security cards; access pending issuance; redundant background checks

Section 70105 of title 46, United States Code, is amended by adding at the end the following new subsections:

(n)

Escorting

The Secretary shall coordinate with owners and operators subject to this section to allow any individual who has a pending application for a transportation security card under this section or is waiting for reissuance of such card, including any individual whose card has been lost or stolen, and who needs to perform work in a secure or restricted area to have access to such area for that purpose through escorting of such individual in accordance with subsection (a)(1)(B) by another individual who holds a transportation security card.

(o)

Processing time

The Secretary shall review an initial transportation security card application and respond to the applicant, as appropriate, including the mailing of an Initial Determination of Threat Assessment letter, within 30 days after receipt of the initial application. The Secretary shall, to the greatest extent practicable, review appeal and waiver requests submitted by a transportation security card applicant, and send a written decision or request for additional information required for the appeal or waiver determination, within 30 days after receipt of the applicant’s appeal or waiver written request. For an applicant that is required to submit additional information for an appeal or waiver determination, the Secretary shall send a written decision, to the greatest extent practicable, within 30 days after receipt of all requested information.

(p)

Receipt of cards

Within 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall develop a process to permit an individual approved for a transportation security card under this section to receive the card at the individual’s place of residence.

(q)

Fingerprinting

The Secretary shall establish procedures providing for an individual who is required to be fingerprinted for purposes of this section to be fingerprinted at facilities operated by or under contract with an agency of the Department of the Secretary that engages in fingerprinting the public for transportation security or other security purposes.

(r)

Redundant background checks

The Secretary shall prohibit a State or political subdivision thereof from requiring a separate security background check for any purpose for which a transportation security card is issued under this section. The Secretary may waive the application of this subsection with respect to a State or political subdivision thereof if the State or political subdivision demonstrates a compelling homeland security reason that a separate security background check is necessary.

.

404.

Harmonizing security card expirations

Section 70105(b) of title 46, United States Code, is amended by adding at the end the following new paragraph:

(6)

The Secretary may extend for up to one year the expiration of a biometric transportation security card required by this section to align the expiration with the expiration of a license, certificate of registry, or merchant mariner document required under chapter 71 or 73.

.

405.

Securing aviation from extreme terrorist threats

(a)

Findings

Congress finds the following:

(1)

In 2001, Congress gave the Assistant Secretary, Transportation Security Administration, the task to develop policies, strategies, and plans for dealing with threats to transportation security. The individuals currently held at the Naval Station, Guantanamo Bay, Cuba, were detained during armed conflict and pose a serious and continuing threat to the transportation security interests of the United States and its allies.

(2)

Terrorists, including Khalid Sheikh Mohammad, the admitted mastermind of the September 11, 2001 terrorist attacks, have clearly demonstrated their desire and intent to use airplanes as weapons to kill innocent Americans. The August 2006 liquid explosive plot to take down 10 commercial airliners over the United States is positive proof that air transportation continues to be a target.

(3)

In light of al Qaeda’s propensity to conduct aviation-related attacks and the fact that, according to the Department of Defense, at least 74 former Guantanamo Bay detainees once considered non-threatening are recidivists to terrorism, restrictions on the air travel of former detainees are necessary to protect the public from future attacks.

(4)

Therefore, individuals who are or have been detained at Guantanamo should not be allowed to fly commercially in the United States and should be added to the Transportation Security Administration’s No Fly List, until the President certifies that each individual detainee poses no threat to the United States, its citizens, or its allies.

(b)

Prohibition of detainee use of commercial aviation

Section 44903(j)(2)(C) of title 49, United States Code, as amended by section 213 of the bill, is further amended by adding at the end the following:

(vi)

Inclusion of detainees on no fly list

The Assistant Secretary, in coordination with the Terrorist Screening Center, shall include on the No Fly List any individual who was a detainee held at the Naval Station, Guantanamo Bay, Cuba, unless the President certifies in writing to Congress that the detainee poses no threat to the United States, its citizens, or its allies. For purposes of this clause, the term ‘detainee’ means an individual in the custody or under the physical control of the United States as a result of armed conflict.

.

406.

Pipeline security study

(a)

Study

The Comptroller General shall conduct a study regarding the roles and responsibilities of the Department of Homeland Security and the Department of Transportation with respect to pipeline security. The study shall address whether—

(1)

the Annex to the Memorandum of Understanding executed on August 9, 2006, between the Department of Homeland Security and the Department of Transportation adequately delineates strategic and operational responsibilities for pipeline security, including whether it is clear which Department is responsible for—

(A)

protecting against intentional pipeline breaches;

(B)

responding to intentional pipeline breaches; and

(C)

planning to recover from the effects of intentional pipeline breaches;

(2)

the respective roles and responsibilities of each Department are adequately conveyed to relevant stakeholders and to the public; and

(3)

the processes and procedures for determining whether a particular pipeline breach is a terrorist incident are clear and effective.

(b)

Report on study

Not later than 180 days after the date of enactment of this section, the Comptroller General shall submit to the Committee on Homeland Security in the House of Representatives a report containing the findings of the study conducted under subsection (a).

(c)

Report to congress

Not later than 90 days after the issuance of the report regarding the study conducted pursuant to this section, the Secretary of Homeland Security shall review and analyze the study and submit to the Committee on Homeland Security of the House of Representatives a report on such review and analysis, including any recommendations for—

(1)

changes to the Annex to the Memorandum of Understanding described in subsection (a)(1); and

(2)

other improvements to pipeline security activities at the Department of Homeland Security.

407.

Transportation security administration centralized training facility

(a)

Study

The Secretary of Homeland Security shall carry out a study on the feasibility of establishing a centralized training center for advanced security training provided by the Transportation Security Administration for the purpose of enhancing aviation security.

(b)

Considerations

In conducting the study, the Secretary shall take into consideration the benefits, costs, equipment, personnel needs, and building requirements for establishing such a training center and if the benefits of establishing the center are an efficient use of resources for training transportation security officers.

(c)

Report

Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding the results of the study.

B

SAFE Truckers Act of 2009

431.

Short title

This subtitle may be cited as the Screening Applied Fairly and Equitably to Truckers Act of 2009 or the SAFE Truckers Act of 2009.

432.

Surface transportation security

(a)

In general

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:

XXI

Surface Transportation Security

2101.

Transportation of security sensitive materials

(a)

Security sensitive materials

Not later than 120 days after the date of enactment of this section, the Secretary shall issue final regulations, after notice and comment, defining security sensitive materials for the purposes of this title.

(b)

Motor vehicle operators

The Secretary shall prohibit an individual from operating a motor vehicle in commerce while transporting a security sensitive material unless the individual holds a valid transportation security card issued by the Secretary under section 70105 of title 46, United States Code.

(c)

Shippers

The Secretary shall prohibit a person from—

(1)

offering a security sensitive material for transportation by motor vehicle in commerce; or

(2)

causing a security sensitive material to be transported by motor vehicle in commerce,

unless the motor vehicle operator transporting the security sensitive material holds a valid transportation security card issued by the Secretary under section 70105 of title 46, United States Code.
2102.

Enrollment locations

(a)

Fingerprinting locations

The Secretary shall—

(1)

work with appropriate entities to ensure that fingerprinting locations for individuals applying for a transportation security card under section 70105 of title 46, United States Code, have flexible operating hours; and

(2)

permit an individual applying for such transportation security card to utilize a fingerprinting location outside of the individual’s State of residence to the greatest extent practicable.

(b)

Receipt and activation of cards

The Secretary shall develop guidelines and procedures to permit an individual to receive a transportation security card under section 70105 of title 46, United States Code, at the individual’s place of residence and to activate the card at any enrollment center.

(c)

Number of Locations

The Secretary shall develop and implement a plan—

(1)

to offer individuals applying for a transportation security card under section 70105 of title 46, United States Code, the maximum number of fingerprinting locations practicable across diverse geographic regions; and

(2)

to conduct outreach to appropriate stakeholders, including owners, operators, and relevant entities (and labor organizations representing employees of such owners, operators, and entities), to keep the stakeholders informed of the timeframe and locations for the opening of additional fingerprinting locations.

(d)

Authorization

There are authorized to be appropriated such sums as may be necessary to carry out this section.

2103.

Authority to ensure compliance

(a)

In general

The Secretary is authorized to ensure compliance with this title.

(b)

Memorandum of understanding

The Secretary may enter into a memorandum of understanding with the Secretary of Transportation to ensure compliance with section 2101.

2104.

Civil penalties

A person that violates this title or a regulation or order issued under this title is liable to the United States Government pursuant to the Secretary’s authority under section 114(v) of title 49, United States Code.

2105.

Commercial motor vehicle operators registered to operate in Mexico or Canada

The Secretary shall prohibit a commercial motor vehicle operator licensed to operate in Mexico or Canada from operating a commercial motor vehicle transporting a security sensitive material in commerce in the United States until the operator has been subjected to, and not disqualified as a result of, a security background records check by a Federal agency that the Secretary determines is similar to the security background records check required for commercial motor vehicle operators in the United States transporting security sensitive materials in commerce.

2106.

Other security background checks

The Secretary shall determine that an individual applying for a transportation security card under section 70105 of title 46, United States Code, has met the background check requirements for such card if the individual was subjected to, and not disqualified as a result of, a security background records check by a Federal agency that the Secretary determines is equivalent to or more stringent than the background check requirements for such card.

2107.

Redundant background checks

(a)

In general

After the date of enactment of this title, the Secretary shall prohibit a State or political subdivision thereof from requiring a separate security background check of an individual seeking to transport hazardous materials.

(b)

Waivers

The Secretary may waive the application of subsection (a) with respect to a State or political subdivision thereof if the State or political subdivision demonstrates a compelling homeland security reason that a separate security background check is necessary to ensure the secure transportation of hazardous materials in the State or political subdivision.

(c)

Limitation on statutory construction

Nothing in this section shall limit the authority of a State to ensure that an individual has the requisite knowledge and skills to safely transport hazardous materials in commerce.

2108.

Transition

(a)

Treatment of individuals receiving prior hazardous materials endorsements

The Secretary shall treat an individual who has obtained a hazardous materials endorsement in accordance with section 1572 of title 49, Code of Federal Regulations, before the date of enactment of this title, as having met the background check requirements of a transportation security card under section 70105 of title 46, United States Code, subject to reissuance or expiration dates of the hazardous materials endorsement.

(b)

Reduction in fees

The Secretary shall reduce, to the greatest extent practicable, any fees associated with obtaining a transportation security card under section 70105 of title 46, United Sates Code, for any individual referred to in subsection (a).

2109.

Savings clause

Nothing in this title shall be construed as affecting the authority of the Secretary of Transportation to regulate hazardous materials under chapter 51 of title 49, United States Code.

2110.

Definitions

In this title, the following definitions apply:

(1)

Commerce

The term commerce means trade or transportation in the jurisdiction of the United States—

(A)

between a place in a State and a place outside of the State; or

(B)

that affects trade or transportation between a place in a State and a place outside of the State.

(2)

Hazardous material

The term hazardous material has the meaning given that term in section 5102 of title 49, United States Code.

(3)

Person

The term person, in addition to its meaning under section 1 of title 1, United States Code—

(A)

includes a government, Indian tribe, or authority of a government or tribe offering security sensitive material for transportation in commerce or transporting security sensitive material to further a commercial enterprise; but

(B)

does not include—

(i)

the United States Postal Service; and

(ii)

in section 2104, a department, agency, or instrumentality of the Government.

(4)

Security sensitive material

The term security sensitive material has the meaning given that term in section 1501 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1151).

(5)

Transports; transportation

The term transports or transportation means the movement of property and loading, unloading, or storage incidental to such movement.

.

433.

Conforming amendment

The table of contents contained in section 1(b) of the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding at the end the following:

Title XXI—Surface Transportation Security

Sec. 2101. Transportation of security sensitive materials.

Sec. 2102. Enrollment locations.

Sec. 2103. Authority to ensure compliance.

Sec. 2104. Civil penalties.

Sec. 2105. Commercial motor vehicle operators registered to operate in Mexico or Canada.

Sec. 2106. Other security background checks.

Sec. 2107. Redundant background checks.

Sec. 2108. Transition.

Sec. 2109. Savings clause.

Sec. 2110. Definitions.

.

434.

Limitation on issuance of hazmat licenses

Section 5103a of title 49, United States Code, and the item relating to that section in the analysis for chapter 51 of such title, are repealed.

435.

Deadlines and effective dates

(a)

Issuance of transportation security cards

Not later than May 31, 2010, the Secretary shall begin issuance of transportation security cards under section 70105 of title 46, United States Code, to individuals who seek to operate a motor vehicle in commerce while transporting security sensitive materials.

(b)

Effective date of prohibitions

The prohibitions contained in sections 2101 and 2106 of the Homeland Security Act of 2002 (as added by this subtitle) shall take effect on the date that is 3 years after the date of enactment of this Act.

(c)

Effective date of section 434 amendments

The amendments made by section 434 of this Act shall take effect on the date that is 3 years after the date of enactment of this Act.

436.

Task force on disqualifying crimes

(a)

Establishment

The Secretary shall establish a task force to review the lists of crimes that disqualify individuals from transportation-related employment under current regulations of the Transportation Security Administration and assess whether such lists of crimes are accurate indicators of a terrorism security risk.

(b)

Membership

The task force shall be composed of representatives of appropriate industries, including labor unions representing employees of such industries, Federal agencies, and other appropriate entities, as determined by the Secretary.

(c)

Report

Not later than 180 days after the date of enactment of this Act, the task force shall submit to the Secretary and the Committee on Homeland Security of the House of Representatives a report containing the results of the review, including recommendations for a common list of disqualifying crimes and the rationale for the inclusion of each crime on the list.

Passed the House of Representatives June 4, 2009.

Lorraine C. Miller,

Clerk