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H.R. 1871: Transportation Security Transparency Improvement Act


The text of the bill below is as of Jul 16, 2021 (Preprint (Suspension)).


I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                            H. R. 1871
                                                                              To improve the understanding and clarity of Transportation Security
                                                                                       Administration policies, and for other purposes.




                                                                                    IN THE HOUSE OF REPRESENTATIVES
                                                                                                       MARCH 12, 2021
                                                                         Mr. BISHOP of North Carolina (for himself and Mr. KATKO) introduced the
                                                                         following bill; which was referred to the Committee on Homeland Security




                                                                                                                 A BILL
                                                                        To improve the understanding and clarity of Transportation
                                                                         Security Administration policies, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3    SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Transportation Secu-
                                                                         5 rity Transparency Improvement Act’’.
                                                                         6    SEC.         2.     SENSITIVE             SECURITY               INFORMATION;               INTER-

                                                                         7                             NATIONAL AVIATION SECURITY.

                                                                         8              (a) SENSITIVE SECURITY INFORMATION.—
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                                                                         9                       (1) IN       GENERAL.—Not                    later than 90 days after
                                                                       10               the date of the enactment of this Act, the Adminis-



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2 1 trator of the Transportation Security Administration 2 (TSA) shall— 3 (A) ensure clear and consistent designation 4 of ‘‘Sensitive Security Information’’, including 5 reasonable security justifications for such des- 6 ignation; 7 (B) develop and implement a schedule to 8 regularly review and update, as necessary, TSA 9 Sensitive Security Information Identification 10 guidelines; 11 (C) develop a tracking mechanism for all 12 Sensitive Security Information redaction and 13 designation challenges; 14 (D) document justifications for changes in 15 position regarding Sensitive Security Informa- 16 tion redactions and designations, and make 17 such changes accessible to TSA personnel for 18 use with relevant stakeholders, including air 19 carriers, airport operators, surface transpor- 20 tation operators, and State and local law en- 21 forcement, as necessary; and 22 (E) ensure that TSA personnel are ade- 23 quately trained on appropriate designation poli- pamtmann on DSKBC07HB2PROD with BILLS 24 cies. •HR 1871 IH VerDate Sep 11 2014 21:11 May 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.IH H1871
3 1 (2) STAKEHOLDER OUTREACH.—Not later than 2 180 days after the date of the enactment of this Act, 3 the Administrator of the Transportation Security 4 Administration (TSA) shall conduct outreach to rel- 5 evant stakeholders described in paragraph (1)(D) 6 that regularly are granted access to Sensitive Secu- 7 rity Information to raise awareness of the TSA’s 8 policies and guidelines governing the designation and 9 use of Sensitive Security Information. 10 (b) INTERNATIONAL AVIATION SECURITY.— 11 (1) IN GENERAL.—Not later than 60 days after 12 the date of the enactment of this Act, the Adminis- 13 trator of the Transportation Security Administration 14 shall develop and implement guidelines with respect 15 to last point of departure airports to— 16 (A) ensure the inclusion, as appropriate, of 17 air carriers and other transportation security 18 stakeholders in the development and implemen- 19 tation of security directives and emergency 20 amendments; 21 (B) document input provided by air car- 22 riers and other transportation security stake- 23 holders during the security directive and emer- pamtmann on DSKBC07HB2PROD with BILLS 24 gency amendment, development, and implemen- 25 tation processes; •HR 1871 IH VerDate Sep 11 2014 21:11 May 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.IH H1871
4 1 (C) define a process, including time 2 frames, and with the inclusion of feedback from 3 air carriers and other transportation security 4 stakeholders, for cancelling or incorporating se- 5 curity directives and emergency amendments 6 into security programs; 7 (D) conduct engagement with foreign part- 8 ners on the implementation of security direc- 9 tives and emergency amendments, as appro- 10 priate, including recognition if existing security 11 measures at a last point of departure airport 12 are found to provide commensurate security as 13 intended by potential new security directives 14 and emergency amendments; and 15 (E) ensure that new security directives and 16 emergency amendments are focused on defined 17 security outcomes. 18 (2) BRIEFING TO CONGRESS.—Not later than 19 90 days after the date of the enactment of this Act, 20 the Administrator of the Transportation Security 21 Administration shall brief the Committee on Home- 22 land Security of the House of Representatives and 23 the Committee on Commerce, Science, and Trans- pamtmann on DSKBC07HB2PROD with BILLS 24 portation of the Senate on the guidelines described 25 in paragraph (1). •HR 1871 IH VerDate Sep 11 2014 21:11 May 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.IH H1871
5 1 (3) DECISIONS NOT SUBJECT TO JUDICIAL RE- 2 VIEW.—Notwithstanding any other provision of law, 3 any action of the Administrator of the Transpor- 4 tation Security Administration under paragraph (1) 5 is not subject to judicial review. Æ pamtmann on DSKBC07HB2PROD with BILLS •HR 1871 IH VerDate Sep 11 2014 21:11 May 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1871.IH H1871