“(w) Authorization of Appropriations.—There are authorized to be appropriated to the Transportation Security Administration for salaries, operations, and maintenance of the Administration—
“(1) $7,849,247,000 for fiscal year 2019;
“(2) $7,888,494,000 for fiscal year 2020; and
“(3) $7,917,936,000 for fiscal year 2021.”
“(b) Leadership.—
“(1) Head of transportation security administration.—
“(A) Appointment.—The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the ‘Administrator’). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
“(B) Qualifications.—The Administrator must—
“(i) be a citizen of the United States; and
“(ii) have experience in a field directly related to transportation or security.
“(C) Term.—Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving.
“(2) Deputy administrator.—
“(A) Appointment.—There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President.
“(B) Vacancy.—The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator.
“(C) Qualifications.—The Deputy Administrator must—
“(i) be a citizen of the United States; and
“(ii) have experience in a field directly related to transportation or security.
“(3) Chief counsel.—
“(A) Appointment.—There is established in the Transportation Security Administration a Chief Counsel, who shall advise the Administrator and other senior officials on all legal matters relating to the responsibilities, functions, and management of the Transportation Security Administration.
“(B) Qualifications.—The Chief Counsel must be a citizen of the United States.”
; and
“(6) Annual report on plan.—The Secretary of Homeland Security shall annually submit to the appropriate congressional committees a report containing the Plan.”
; and
“(w) Leadership and Organization.—
“(1) In general.—For each of the areas described in paragraph (2), the Administrator of the Transportation Security Administration shall appoint at least 1 individual who shall—
“(A) report directly to the Administrator or the Administrator’s designated direct report; and
“(B) be responsible and accountable for that area.
“(2) Areas described.—The areas described in this paragraph are as follows:
“(A) Aviation security operations and training, including risk-based, adaptive security—
“(i) focused on airport checkpoint and baggage screening operations;
“(ii) workforce training and development programs; and
“(iii) ensuring compliance with aviation security law, including regulations, and other specialized programs designed to secure air transportation.
“(B) Surface transportation security operations and training, including risk-based, adaptive security—
“(i) focused on accomplishing security systems assessments;
“(ii) reviewing and prioritizing projects for appropriated surface transportation security grants;
“(iii) operator compliance with surface transportation security law, including regulations, and voluntary industry standards; and
“(iv) workforce training and development programs, and other specialized programs designed to secure surface transportation.
“(C) Transportation industry engagement and planning, including the development, interpretation, promotion, and oversight of a unified effort regarding risk-based, risk-reducing security policies and plans (including strategic planning for future contingencies and security challenges) between government and transportation stakeholders, including airports, domestic and international airlines, general aviation, air cargo, mass transit and passenger rail, freight rail, pipeline, highway and motor carriers, and maritime.
“(D) International strategy and operations, including agency efforts to work with international partners to secure the global transportation network.
“(E) Trusted and registered traveler programs, including the management and marketing of the agency’s trusted traveler initiatives, including the PreCheck Program, and coordination with trusted traveler programs of other Department of Homeland Security agencies and the private sector.
“(F) Technology acquisition and deployment, including the oversight, development, testing, evaluation, acquisition, deployment, and maintenance of security technology and other acquisition programs.
“(G) Inspection and compliance, including the integrity, efficiency and effectiveness of the agency’s workforce, operations, and programs through objective audits, covert testing, inspections, criminal investigations, and regulatory compliance.
“(H) Civil rights, liberties, and traveler engagement, including ensuring that agency employees and the traveling public are treated in a fair and lawful manner consistent with Federal laws and regulations protecting privacy and prohibiting discrimination and reprisal.
“(I) Legislative and public affairs, including communication and engagement with internal and external audiences in a timely, accurate, and transparent manner, and development and implementation of strategies within the agency to achieve congressional approval or authorization of agency programs and policies.
“(3) Notification.—The Administrator shall submit to the appropriate committees of Congress—
“(A) not later than 180 days after the date of enactment of the TSA Modernization Act, a list of the names of the individuals appointed under paragraph (1); and
“(B) an update of the list not later than 5 days after any new individual is appointed under paragraph (1).”
“(ii) received after September 11, 2001, by a Federal air marshal or criminal investigator (as defined in section 5545a(a)(2)) of the Transportation Security Administration, subject to all restrictions and earning limitations imposed on criminal investigators receiving such pay under section 5545a, including the premium pay limitations under section 5547;”
“(2) Meritorious executive or distinguished executive rank awards.—Notwithstanding section 40122(g)(2) of this title, the applicable sections of title 5 shall apply to the Transportation Security Administration personnel management system, except that—
“(A) for purposes of applying such provisions to the personnel management system—
“(i) the term ‘agency’ means the Department of Homeland Security;
“(ii) the term ‘senior executive’ means a Transportation Security Administration executive serving on a Transportation Security Executive Service appointment;
“(iii) the term ‘career appointee’ means a Transportation Security Administration executive serving on a career Transportation Security Executive Service appointment; and
“(iv) The term ‘senior career employee’ means a Transportation Security Administration employee covered by the Transportation Security Administration Core Compensation System at the L or M pay band;
“(B) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system; and
“(C) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system.
“(3) Definition of applicable sections of title 5.—In this subsection, the term ‘applicable sections of title 5’ means—
“(A) subsections (b), (c) and (d) of section 4507 of title 5; and
“(B) subsections (b) and (c) of section 4507a of title 5.”
“SEC. 1617. DIVERSIFIED SECURITY TECHNOLOGY INDUSTRY MARKETPLACE.
“(a) In General.—Not later than 120 days after the date of enactment of the TSA Modernization Act, the Administrator shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a strategy to promote a diverse security technology industry marketplace upon which the Administrator can rely to acquire advanced transportation security technologies or capabilities, including by increased participation of small business innovators.
“(b) Contents.—The strategy required under subsection (a) shall include the following:
“(1) Information on how existing Administration solicitation, testing, evaluation, piloting, acquisition, and procurement processes impact the Administrator’s ability to acquire from the security technology industry marketplace, including small business innovators that have not previously provided technology to the Administration, innovative technologies or capabilities with the potential to enhance transportation security.
“(2) Specific actions that the Administrator will take, including modifications to the processes described in paragraph (1), to foster diversification within the security technology industry marketplace.
“(3) Projected timelines for implementing the actions described in paragraph (2).
“(4) Plans for how the Administrator could, to the extent practicable, assist a small business innovator periodically during such processes, including when such an innovator lacks adequate resources to participate in such processes, to facilitate an advanced transportation security technology or capability being developed and acquired by the Administrator.
“(5) An assessment of the feasibility of partnering with an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code to provide venture capital to businesses, particularly small business innovators, for commercialization of innovative transportation security technologies that are expected to be ready for commercialization in the near term and within 36 months.
“(c) Feasibility Assessment.—In conducting the feasibility assessment under subsection (b)(5), the Administrator shall consider the following:
“(1) Establishing an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code as a venture capital partnership between the private sector and the intelligence community to help businesses, particularly small business innovators, commercialize innovative security-related technologies.
“(2) Enhanced engagement through the Science and Technology Directorate of the Department of Homeland Security.
“(d) Rule of Construction.—Nothing in this section may be construed as requiring changes to the Transportation Security Administration standards for security technology.
“(e) Definitions.—In this section:
“(1) Intelligence community.—The term ‘intelligence community’ has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
“(2) Small business concern.—The term ‘small business concern’ has the meaning described under section 3 of the Small Business Act (15 U.S.C. 632).
“(3) Small business innovator.—The term ‘small business innovator’ means a small business concern that has an advanced transportation security technology or capability.”
“1617. Diversified security technology industry marketplace.”.
“(3) information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted.”
; and
“(h) Additional Update Requirements.—Updates and reports under subsection (g) shall—
“(1) be prepared in consultation with—
“(A) the persons described in subsection (b); and
“(B) the Surface Transportation Security Advisory Committee established under section 404; and
“(2) include—
“(A) information relating to technology investments by the Transportation Security Administration and the private sector that the Department supports with research, development, testing, and evaluation for aviation, including air cargo, and surface transportation security;
“(B) information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted;
“(C) information relating to equipment of the Transportation Security Administration that is in operation after the end of the life-cycle of the equipment specified by the manufacturer of the equipment; and
“(D) to the extent practicable, a classified addendum to report sensitive transportation security risks and associated capability gaps that would be best addressed by security-related technology described in subparagraph (A).”
“(i) Notice of Covered Changes to Plan.—
“(1) Notice required.—The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives notice of any covered change to the Plan not later than 90 days after the date that the covered change is made.
“(2) Definition of covered change.—In this subsection, the term ‘covered change’ means—
“(A) an increase or decrease in the dollar amount allocated to the procurement of a technology; or
“(B) an increase or decrease in the number of a technology.”
“Subtitle C— Maintenance of Security-related Technology
“SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.
“(a) In General.—Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall develop and implement a preventive maintenance validation process for security-related technology deployed to airports.
“(b) Maintenance by Administration Personnel at Airports.—For maintenance to be carried out by Administration personnel at airports, the process referred to in subsection (a) shall include the following:
“(1) Guidance to Administration personnel at airports specifying how to conduct and document preventive maintenance actions.
“(2) Mechanisms for the Administrator to verify compliance with the guidance issued pursuant to paragraph (1).
“(c) Maintenance by Contractors at Airports.—For maintenance to be carried by a contractor at airports, the process referred to in subsection (a) shall require the following:
“(1) Provision of monthly preventative maintenance schedules to appropriate Administration personnel at each airport that includes information on each action to be completed by contractor.
“(2) Notification to appropriate Administration personnel at each airport when maintenance action is completed by a contractor.
“(3) A process for independent validation by a third party of contractor maintenance.
“(d) Penalties for Noncompliance.—The Administrator shall require maintenance for any contracts entered into 60 days after the date of enactment of the TSA Modernization Act or later for security-related technology deployed to airports to include penalties for noncompliance when it is determined that either preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers’ specifications.”
“Subtitle C— Maintenance of Security-related Technology
“1621. Maintenance validation and oversight.”.
Ҥ 44919. PreCheck Program
“(a) In General.—The Administrator of the Transportation Security Administration shall continue to administer the PreCheck Program in accordance with section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note).
“(b) Expansion.—Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall enter into an agreement, using other transaction authority under section 114(m) of this title, with at least 2 private sector entities to increase the methods and capabilities available for the public to enroll in the PreCheck Program.
“(c) Minimum Capability Requirements.—At least 1 agreement under subsection (b) shall include the following capabilities:
“(1) Start-to-finish secure online or mobile enrollment capability.
“(2) Vetting of an applicant by means other than biometrics, such as a risk assessment, if—
“(A) such means—
“(i) are evaluated and certified by the Secretary of Homeland Security;
“(ii) meet the definition of a qualified anti-terrorism technology under section 865 of the Homeland Security Act of 2002 (6 U.S.C. 444); and
“(iii) are determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and
“(B) with regard to private sector risk assessments, the Secretary has certified that reasonable procedures are in place with regard to the accuracy, relevancy, and proper utilization of information employed in such risk assessments.
“(d) Additional Capability Requirements.—At least 1 agreement under subsection (b) shall include the following capabilities:
“(1) Start-to-finish secure online or mobile enrollment capability.
“(2) Vetting of an applicant by means of biometrics if the collection—
“(A) is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology;
“(B) protects privacy and data security, including that any personally identifiable information is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States Code (commonly known as ‘Privacy Act of 1974’), and with agency regulations;
“(C) is evaluated and certified by the Secretary of Homeland Security; and
“(D) is determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history.
“(e) Target Enrollment.—Subject to subsections (b), (c), and (d), the Administrator shall take actions to expand the total number of individuals enrolled in the PreCheck Program as follows:
“(1) 7,000,000 passengers before October 1, 2019.
“(2) 10,000,000 passengers before October 1, 2020.
“(3) 15,000,000 passengers before October 1, 2021.
“(f) Marketing of PreCheck Program.—Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall—
“(1) enter into at least 2 agreements, using other transaction authority under section 114(m) of this title, to market the PreCheck Program; and
“(2) implement a long-term strategy for partnering with the private sector to encourage enrollment in such program.
“(g) Identity Verification Enhancement.—The Administrator shall—
“(1) coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the identity and citizenship of individuals enrolling in the PreCheck Program;
“(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program; and
“(3) consider leveraging the existing resources and abilities of airports to collect fingerprints for use in background checks to expedite identity verification.
“(h) PreCheck Program Lanes Operation.—The Administrator shall—
“(1) ensure that PreCheck Program screening lanes are open and available during peak and high-volume travel times at appropriate airports to individuals enrolled in the PreCheck Program; and
“(2) make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are closed to individuals enrolled in the program in order to maintain operational efficiency.
“(i) Eligibility of Members of the Armed Forces for Expedited Security Screening.—
“(1) In general.—Subject to paragraph (3), an individual specified in paragraph (2) is eligible for expedited security screening under the PreCheck Program.
“(2) Individuals specified.—An individual specified in this subsection is any of the following:
“(A) A member of the Armed Forces, including a member of a reserve component or the National Guard.
“(B) A cadet or midshipman of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
“(C) A family member of an individual specified in subparagraph (A) or (B) who is younger than 12 years old and accompanying the individual.
“(3) Implementation.—The eligibility of an individual specified in paragraph (2) for expedited security screening under the PreCheck Program is subject to such policies and procedures as the Administrator may prescribe to carry out this subsection, in consultation with the Secretary of Defense and, with respect to the United States Coast Guard, the Commandant of the United States Coast Guard.
“(j) Vetting for PreCheck Program Participants.—The Administrator shall initiate an assessment to identify any security vulnerabilities in the vetting process for the PreCheck Program, including determining whether subjecting PreCheck Program participants to recurrent fingerprint-based criminal history records checks, in addition to recurrent checks against the terrorist watchlist, could be done in a cost-effective manner to strengthen the security of the PreCheck Program.
“(k) Assurance of Separate Program.—In carrying out this section, the Administrator shall ensure that the additional private sector application capabilities under subsections (b), (c), and (d) are undertaken in addition to any other related TSA program, initiative, or procurement, including the Universal Enrollment Services program.
“(l) Expenditure of Funds.—Any Federal funds expended by the Administrator to expand PreCheck Program enrollment shall be expended in a manner that includes the requirements of this section.”
“44919. PreCheck Program.”.
“(3) Offsetting collections.—Beginning on October 1, 2027, fees collected under subsection (a)(1) for any fiscal year shall be credited as offsetting collections to appropriations made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended.”
“(h) Third Party Canine Teams for Air Cargo Security.—
“(1) In general.—In order to enhance the screening of air cargo and ensure that third party explosives detection canine assets are leveraged for such purpose, the Administrator shall, not later than 180 days after the date of enactment of the TSA Modernization Act—
“(A) develop and issue standards for the use of such third party explosives detection canine assets for the primary screening of air cargo;
“(B) develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards established by the Administrator under subparagraph (A);
“(C) ensure that entities qualified to certify canine assets shall be independent from entities that will train and provide canines to end users of such canine assets;
“(D) establish a system of Transportation Security Administration audits of the process developed under subparagraph (B); and
“(E) provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers.
“(2) Implementation.—Beginning on the date that the development of the process under paragraph (1)(B) is complete, the Administrator shall—
“(A) facilitate the deployment of such assets that meet the certification standards of the Administration, as determined by the Administrator;
“(B) make such standards available to vendors seeking to train and deploy third party explosives detection canine assets; and
“(C) ensure that all costs for the training and certification of canines, and for the use of supplied canines, are borne by private industry and not the Federal Government.
“(3) Definitions.—In this subsection:
“(A) Air carrier.—The term ‘air carrier’ has the meaning given the term in section 40102 of title 49, United States Code.
“(B) Foreign air carrier.—The term ‘foreign air carrier’ has the meaning given the term in section 40102 of title 49, United States Code.
“(C) Third party explosives detection canine asset.—The term ‘third party explosives detection canine asset’ means any explosives detection canine or handler not owned or employed, respectively, by the Transportation Security Administration.”
Ҥ 44947. Air cargo security division
“(a) Establishment.—Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall establish an air cargo security division to carry out and engage with stakeholders regarding the implementation of air cargo security programs established by the Administration.
“(b) Leadership; Staffing.—The air cargo security division established pursuant to subsection (a) shall be headed by an individual in the executive service within the TSA and be staffed by not fewer than 4 full-time equivalents, including the head of the division.
“(c) Staffing.—The Administrator of the Transportation Security Administration shall staff the air cargo security division with existing TSA personnel.”
“44947. Air cargo security division.”.
“(a) In General.—An airport operator may submit to the Administrator of the Transportation Security Administration an application to carry out the screening of passengers and property at the airport under section 44901 by personnel of a qualified private screening company pursuant to a contract entered into with the Transportation Security Administration.”
“(1) In general.—Not later than 60 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Administrator shall approve or deny the application.”
; and
“(2) Contracts.—The Administrator shall, to the extent practicable, enter into a contract with a private screening company from the list provided under paragraph (1) for the provision of screening at the airport not later than 120 days after the date of approval of an application submitted by the airport operator under subsection (a) if—”
; and
“(C) the selected qualified private screening company offered contract price is equal to or less than the cost to the Federal Government to provide screening services at the airport.”
; and
“(2) undertake covert testing and remedial training support for employees of private screening companies providing screening at airports.”
“(h) Evaluation of Screening Company Proposals for Award.—
“(1) In general.—Except as provided in paragraph (2), notwithstanding any other provision of law, including title 48 of the Code of Federal Regulations and the Federal Advisory Committee Act (5 U.S.C. App.), an airport operator that has applied and been approved to have security screening services carried out by a qualified private screening company under contract with the Administrator may nominate to the head of the contracting activity an individual to participate in the evaluation of proposals for the award of such contract.
“(2) Participation on a proposal evaluation committee.—Any participation on a proposal evaluation committee under paragraph (1) shall be conducted in accordance with chapter 21 of title 41.
“(i) Innovative Screening Approaches and Technologies.—The Administrator shall encourage an airport operator to whom screening services are provided under this section to recommend to the Administrator innovative screening approaches and technologies. Upon receipt of any such recommendations, the Administrator shall review and, if appropriate, test, conduct a pilot project, and, if appropriate, deploy such approaches and technologies.”
“(l) Initial and Recurring Training.—
“(1) In general.—The Administrator shall establish a training program for new security screening personnel located at the Transportation Security Administration Academy.
“(2) Recurring training.—
“(A) In general.—Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall establish recurring training for security screening personnel regarding updates to screening procedures and technologies, including, in response to weaknesses identified in covert tests at airports—
“(i) methods to identify the verification of false or fraudulent travel documents; and
“(ii) training on emerging threats.
“(B) Contents.—The training under subparagraph (A) shall include—
“(i) internal controls for monitoring and documenting compliance of transportation security officers with such training requirements; and
“(ii) such other matters as identified by the Administrator with regard to such training.”
Ҥ 44929. Donation of screening equipment to protect the United States
“(a) In General.—Subject to subsection (b), the Administrator is authorized to donate security screening equipment to a foreign last point of departure airport operator if such equipment can be reasonably expected to mitigate a specific vulnerability to the security of the United States or United States citizens.
“(b) Conditions.—Before donating any security screening equipment to a foreign last point of departure airport operator the Administrator shall—
“(1) ensure that the screening equipment has been restored to commercially available settings;
“(2) ensure that no TSA-specific security standards or algorithms exist on the screening equipment; and
“(3) verify that the appropriate officials have an adequate system—
“(A) to properly maintain and operate the screening equipment; and
“(B) to document and track any removal or disposal of the screening equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.
“(c) Reports.—Not later than 30 days before any donation of security screening equipment under subsection (a), the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a detailed written explanation of the following:
“(1) The specific vulnerability to the United States or United States citizens that will be mitigated by such donation.
“(2) An explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability.
“(3) An evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made.
“(4) How the Administrator will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient.
“(5) The total dollar value of such donation.
“(6) How the appropriate officials will document and track any removal or disposal of the screening equipment by the recipient to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.”
; and
“44929. Donation of screening equipment to protect the United States.”.
“(9) shall require the Federal Air Marshal Service to utilize a risk-based strategy when allocating resources between international and domestic flight coverage, including when initially setting its annual target numbers of average daily international and domestic flights to cover;
“(10) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support domestic allocation decisions;
“(11) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support international allocation decisions; and
“(12) shall ensure that the seating arrangements of Federal air marshals on aircraft are determined in a manner that is risk-based and most capable of responding to current threats to aviation security.”
“(I) In general.—The training of”
“(II) Access to training facilities.—The Administrator shall designate additional firearms training facilities located in various regions of the United States for Federal flight deck officers for recurrent and requalifying training relative to the number of such facilities available on the day before such date of enactment.”
“(I) In general.—The Administrator shall”
“(II) Use of facilities for requalification.—The Administrator shall allow a Federal flight deck officer to requalify to carry a firearm under the program through training at a Transportation Security Administration-approved firearms training facility utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration.”
; and
“(iv) Periodic review.—The Administrator shall periodically review requalification training intervals and assess whether it is appropriate and sufficient to adjust the time between each requalification training to facilitate continued participation in the program under this section while still maintaining effectiveness of the training, and update the training requirements as appropriate.”
“(D) Training review.—Not later than 2 years after the date of enactment of the TSA Modernization Act, and biennially thereafter, the Administrator shall review training facilities and training requirements for initial and recurrent training for Federal flight deck officers and evaluate how training requirements, including the length of training, could be streamlined while maintaining the effectiveness of the training, and update the training requirements as appropriate.”
“(1) In general.—Pilots participating”
; and
“(2) Facilitation of training.—An air carrier shall permit a pilot seeking to be deputized as a Federal flight deck officer or a Federal flight deck officer to take a reasonable amount of leave to participate in initial, recurrent, or requalification training, as applicable, for the program. Leave required under this paragraph may be provided without compensation.”
“(4) Consistency with federal air marshal program.—The Administrator shall harmonize, to the extent practicable and in a manner that does not jeopardize existing Federal air marshal agreements, the policies relating to the carriage of firearms on international flights by Federal flight deck officers with the policies of the Federal air marshal program for carrying firearms on such flights and carrying out the duties of a Federal flight deck officer, notwithstanding Annex 17 of the International Civil Aviation Organization.”
“(A) In general.—A pilot is”
; and
“(B) Consistency with requirements for certain medical certificates.—In establishing standards under subparagraph (A)(ii), the Administrator may not establish medical or physical standards for a pilot to become a Federal flight deck officer that are inconsistent with or more stringent than the requirements of the Federal Aviation Administration for the issuance of the required airman medical certificate under part 67 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling).”
“(5) Transfer from inactive to active status.—In accordance with any applicable Transportation Security Administration appeals processes, a pilot deputized as a Federal flight deck officer who moves to inactive status may return to active status upon successful completion of a recurrent training program administered within program guidelines.”
“(l) Definitions.—In this section:
“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Transportation Security Administration.
“(2) Air transportation.—The term ‘air transportation’ includes all-cargo air transportation.
“(3) Firearms training facility.—The term ‘firearms training facility’ means a private or government-owned gun range approved by the Administrator to provide recurrent or requalification training, as applicable, for the program, utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration.
“(4) Pilot.—The term ‘pilot’ means an individual who has final authority and responsibility for the operation and safety of the flight or any other flight deck crew member.”
; and
“(b) Performance Measures.—Not later than 1 year after the date of enactment of the TSA Modernization Act, the Administrator 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 referred to in subsection (a)(4) may submit feedback on VIPR team operations involving their systems or facilities.
“(c) Plan.—Not later than 1 year after the date of the enactment of the TSA Modernization Act, the Administrator shall develop and implement a plan for ensuring the interoperability of communications among VIPR team participants and between VIPR teams and any transportation entities with systems or facilities that are involved in VIPR team operations. Such plan shall include an analysis of the costs and resources required to carry out such plan.”
“SEC. 404. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.
“(a) Establishment.—The Administrator of the Transportation Security Administration (referred to in this section as ‘Administrator’) shall establish within the Transportation Security Administration the Surface Transportation Security Advisory Committee (referred to in this section as the ‘Advisory Committee’).
“(b) Duties.—
“(1) In general.—The Advisory Committee may advise, consult with, report to, and make recommendations to the Administrator on surface transportation security matters, including the development, refinement, and implementation of policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.
“(2) Risk-based security.—The Advisory Committee shall consider risk-based security approaches in the performance of its duties.
“(c) Membership.—
“(1) Composition.—The Advisory Committee shall be composed of—
“(A) voting members appointed by the Administrator under paragraph (2); and
“(B) nonvoting members, serving in an advisory capacity, who shall be designated by—
“(i) the Transportation Security Administration;
“(ii) the Department of Transportation;
“(iii) the Coast Guard; and
“(iv) such other Federal department or agency as the Administrator considers appropriate.
“(2) Appointment.—The Administrator shall appoint voting members from among stakeholders representing each mode of surface transportation, such as passenger rail, freight rail, mass transit, pipelines, highways, over-the-road bus, school bus industry, and trucking, including representatives from—
“(A) associations representing such modes of surface transportation;
“(B) labor organizations representing such modes of surface transportation;
“(C) groups representing the users of such modes of surface transportation, including asset manufacturers, as appropriate;
“(D) relevant law enforcement, first responders, and security experts; and
“(E) such other groups as the Administrator considers appropriate.
“(3) Chairperson.—The Advisory Committee shall select a chairperson from among its voting members.
“(4) Term of office.—
“(A) Terms.—
“(i) In general.—The term of each voting member of the Advisory Committee shall be 2 years, but a voting member may continue to serve until the Administrator appoints a successor.
“(ii) Reappointment.—A voting member of the Advisory Committee may be reappointed.
“(B) Removal.—
“(i) In general.—The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time.
“(ii) Access to information.—The Administrator may remove any member of the Advisory Committee that the Administrator determines should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.
“(5) Prohibition on compensation.—The members of the Advisory Committee shall not receive any compensation from the Government by reason of their service on the Advisory Committee.
“(6) Meetings.—
“(A) In general.—The Administrator shall require the Advisory Committee to meet at least semiannually in person or through web conferencing and may convene additional meetings as necessary.
“(B) Public meetings.—At least 1 of the meetings of the Advisory Committee each year shall be—
“(i) announced in the Federal Register;
“(ii) announced on a public website; and
“(iii) open to the public.
“(C) Attendance.—The Advisory Committee shall maintain a record of the persons present at each meeting.
“(D) Minutes.—
“(i) In general.—Unless otherwise prohibited by other Federal law, minutes of the meetings shall be published on the public website under subsection (e)(5).
“(ii) Protection of classified and sensitive information.—The Advisory Committee may redact or summarize, as necessary, minutes of the meetings to protect classified or other sensitive information in accordance with law.
“(7) Voting member access to classified and sensitive security information.—
“(A) Determinations.—Not later than 60 days after the date on which a voting member is appointed to the Advisory Committee and before that voting member may be granted any access to classified information or sensitive security information, the Administrator shall determine if the voting member should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.
“(B) Access.—
“(i) Sensitive security information.—If a voting member is not restricted from reviewing, discussing, or possessing sensitive security information under subparagraph (A) and voluntarily signs a nondisclosure agreement, the voting member may be granted access to sensitive security information that is relevant to the voting member’s service on the Advisory Committee.
“(ii) Classified information.—Access to classified materials shall be managed in accordance with Executive Order 13526 of December 29, 2009 (75 Fed. Reg. 707), or any subsequent corresponding Executive order.
“(C) Protections.—
“(i) Sensitive security information.—Voting members shall protect sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.
“(ii) Classified information.—Voting members shall protect classified information in accordance with the applicable requirements for the particular level of classification.
“(8) Joint committee meetings.—The Advisory Committee may meet with 1 or more of the following advisory committees to discuss multimodal security issues and other security-related issues of common concern:
“(A) Aviation Security Advisory Committee established under section 44946 of title 49, United States Code.
“(B) Maritime Security Advisory Committee established under section 70112 of title 46, United States Code.
“(C) Railroad Safety Advisory Committee established by the Federal Railroad Administration.
“(9) Subject matter experts.—The Advisory Committee may request the assistance of subject matter experts with expertise related to the jurisdiction of the Advisory Committee.
“(d) Reports.—
“(1) Periodic reports.—The Advisory Committee shall periodically submit reports to the Administrator on matters requested by the Administrator or by a majority of the members of the Advisory Committee.
“(2) Annual report.—
“(A) Submission.—The Advisory Committee shall submit to the Administrator and the appropriate congressional committees an annual report that provides information on the activities, findings, and recommendations of the Advisory Committee during the preceding year.
“(B) Publication.—Not later than 6 months after the date that the Administrator receives an annual report under subparagraph (A), the Administrator shall publish a public version of the report, in accordance with section 552a(b) of title 5, United States Code.
“(e) Administration Response.—
“(1) Consideration.—The Administrator shall consider the information, advice, and recommendations of the Advisory Committee in formulating policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.
“(2) Feedback.—Not later than 90 days after the date that the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2), the Administrator shall submit to the Advisory Committee written feedback on the recommendation, including—
“(A) if the Administrator agrees with the recommendation, a plan describing the actions that the Administrator has taken, will take, or recommends that the head of another Federal department or agency take to implement the recommendation; or
“(B) if the Administrator disagrees with the recommendation, a justification for that determination.
“(3) Notices.—Not later than 30 days after the date the Administrator submits feedback under paragraph (2), the Administrator shall—
“(A) notify the appropriate congressional committees of the feedback, including the determination under subparagraph (A) or subparagraph (B) of that paragraph, as applicable; and
“(B) provide the appropriate congressional committees with a briefing upon request.
“(4) Updates.—Not later than 90 days after the date the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2) that the Administrator agrees with, and quarterly thereafter until the recommendation is fully implemented, the Administrator shall submit a report to the appropriate congressional committees or post on the public website under paragraph (5) an update on the status of the recommendation.
“(5) Website.—The Administrator shall maintain a public website that—
“(A) lists the members of the Advisory Committee; and
“(B) provides the contact information for the Advisory Committee.
“(f) Nonapplicability of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any subcommittee established under this section.”
“Sec. 404. Surface Transportation Security Advisory Committee.”.
“(I) for improvements to passenger verification systems;
“(J) for improvements to employee and contractor verification systems, including identity verification technology; or
“(K) for improvements to the security of Amtrak computer systems, including cybersecurity assessments and programs.”
“(A) “the Secretary of Homeland Security”;”
“(B) the individual holds a valid transportation security card issued under section 70105 of title 46.”
“SEC. 44948. NATIONAL DEPLOYMENT OFFICE.
“(a) Establishment.—There is established within the Transportation Security Administration a National Deployment Office, to be headed by an individual with supervisory experience. Such individual shall be designated by the Administrator of the Transportation Security Administration.
“(b) Duties.—The individual designated as the head of the National Deployment Office shall be responsible for the following:
“(1) Maintaining a National Deployment Force within the Transportation Security Administration, including transportation security officers, supervisory transportation security officers and lead transportation security officers, to provide the Administration with rapid and efficient response capabilities and augment the Department of Homeland Security’s homeland security operations to mitigate and reduce risk, including for the following:
“(A) Airports temporarily requiring additional security personnel due to an emergency, seasonal demands, hiring shortfalls, severe weather conditions, passenger volume mitigation, equipment support, or other reasons.
“(B) Special events requiring enhanced security including National Special Security Events, as determined by the Secretary of Homeland Security.
“(C) Response in the aftermath of any manmade disaster, including any terrorist attack.
“(D) Other such situations, as determined by the Administrator.
“(2) Educating transportation security officers regarding how to participate in the Administration’s National Deployment Force.
“(3) Recruiting officers to serve on the National Deployment Force, in accordance with a staffing model to be developed by the Administrator.
“(4) Approving 1-year appointments for officers to serve on the National Deployment Force, with an option to extend upon officer request and with the approval of the appropriate Federal Security Director.
“(5) Training officers to serve on the National Deployment Force.”
“44948. National Deployment Office.”.
“(15) establish and maintain a National Deployment Office as required under section 44948 of this title; and”
“(c) Information Sharing.—Not later than 1 year after the date of the enactment of the TSA Modernization Act, the Administrator shall—
“(1) require each Federal Security Director of an airport to meet at least quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each such airport to discuss incident management protocols, including the resolution of screening anomalies at passenger screening checkpoints; and
“(2) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with such airport operators to ensure coordinated responses to security matters.”
“(g) Duties and Powers of Administrator.—The Administrator shall carry out the following:
“(1) Duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in the following:
“(A) Section 308(b).
“(B) Subsections (c) and (d) of section 1132.
“(C) Sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and 40114(a).
“(D) Chapter 445, except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515.
“(E) Chapter 447, except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723.
“(F) Chapter 451.
“(G) Chapter 453.
“(H) Section 46104.
“(I) Subsections (d) and (h)(2) of section 46301 and sections 46303(c), 46304 through 46308, 46310, 46311, and 46313 through 46316.
“(J) Chapter 465.
“(K) Sections 47504(b) (related to flight procedures), 47508(a), and 48107.
“(2) Additional duties and powers prescribed by the Secretary of Transportation.”
“40119. [Reserved].”.
“(3) Regulations.—The Secretary of Homeland Security shall issue a final rule as a permanent regulation to implement this subsection in accordance with the provisions of chapter 5 of title 5.”
“(2) Law enforcement personnel.—The term ‘law enforcement personnel’ means individuals—”
; and
“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Transportation Security Administration.”
“(1) In general.—The Administrator shall periodically recommend to airport operators commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons.”
“(d) Security and Research and Development Activities.—
“(1) In general.—The Administrator shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security.
“(2) Disclosure.—
“(A) In general.—Notwithstanding section 552 of title 5, the Administrator shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Homeland Security decides disclosing the information would—
“(i) be an unwarranted invasion of personal privacy;
“(ii) reveal a trade secret or privileged or confidential commercial or financial information; or
“(iii) be detrimental to transportation safety.
“(B) Information to congress.—Subparagraph (A) does not authorize information to be withheld from a committee of Congress authorized to have the information.
“(C) Rule of construction.—Nothing in subparagraph (A) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)—
“(i) to conceal a violation of law, inefficiency, or administrative error;
“(ii) to prevent embarrassment to a person, organization, or agency;
“(iii) to restrain competition; or
“(iv) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
“(D) Privacy act.—Section 552a of title 5 shall not apply to disclosures that the Administrator of the Transportation Security Administration may make from the systems of records of the Transportation Security Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.
“(3) Transfers of duties and powers prohibited.—Except as otherwise provided by law, the Administrator may not transfer a duty or power under this section to another department, agency, or instrumentality of the United States Government.
“(e) Definition of Administrator.—In this section, the term ‘Administrator’ means the Administrator of the Transportation Security Administration.”
“(i) Definition of Administrator.—In this section, the term ‘Administrator’ means the Administrator of the Transportation Security Administration.”
“(l) Definition of Administrator.—In this section, the term ‘Administrator’ means the Administrator of the Transportation Security Administration.”
“(f) Definition of Administrator.—In this section, the term ‘Administrator’ means the Administrator of the Transportation Security Administration.”
“(2) Determination of costs.—
“(A) In general.—The amount of the costs under paragraph (1) shall be determined by the Administrator of the Transportation Security Administration and shall not be subject to judicial review.
“(B) Definition of federal law enforcement personnel.—For purposes of paragraph (1)(A), the term ‘Federal law enforcement personnel’ includes State and local law enforcement officers who are deputized under section 44922.”
“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Transportation Security Administration.”
“46503. Repealed.”.
“483. Aviation security funding 48301”.
Ҥ 44931. Authority to exempt
“The Secretary of Homeland Security may grant an exemption from a regulation prescribed in carrying out sections 44901, 44903, 44906, 44909(c), and 44935–44937 of this title when the Secretary decides the exemption is in the public interest.
Ҥ 44932. Administrative
“(a) General Authority.—The Secretary of Homeland Security or the Administrator of the Transportation Security Administration may take action the Secretary or the Administrator considers necessary to carry out this chapter and chapters 461, 463, and 465 of this title, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.
“(b) Indemnification.—The Administrator of the Transportation Security Administration may indemnify an officer or employee of the Transportation Security Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.”
“44931. Authority to exempt.
“44932. Administrative.”.