§ 114. Transportation Security Administration

Pub. L. 115–254, div. K, title I, § 1931, Oct. 5, 2018, 132 Stat. 3569, provided that: “(a) Definitions.—In this section:“(1) Public and private stakeholders.—The term ‘public and private stakeholders’ has the meaning given the term in section 114(t)(1)(C) of title 49, United States Code. “(2) Surface transportation asset.—The term ‘surface transportation asset’ includes—“(A) facilities, equipment, or systems used to provide transportation services by—“(i) a public transportation agency (as the term is defined in section 1402 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1131)); “(ii) a railroad carrier (as the term is defined in section 20102 of title 49, United States Code); [or] “(iii) an owner or operator of— “(I) an entity offering scheduled, fixed-route transportation services by over-the road bus (as the term is defined in section 1501 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1151)); or “(II) a bus terminal; or “(B) other transportation facilities, equipment, or systems, as determined by the Secretary. “(b) Public Area Security Working Group.—“(1) Working group.—The Administrator, in coordination with the National Protection and Programs Directorate, shall establish a working group to promote collaborative engagement between the TSA and public and private stakeholders to develop non-binding recommendations for enhancing security in public areas of transportation facilities (including facilities that are surface transportation assets), including recommendations regarding the following:“(A) Information sharing and interoperable communication capabilities among the TSA and public and private stakeholders with respect to terrorist or other threats. “(B) Coordinated incident response procedures. “(C) The prevention of terrorist attacks and other incidents through strategic planning, security training, exercises and drills, law enforcement patrols, worker vetting, and suspicious activity reporting. “(D) Infrastructure protection through effective construction design barriers and installation of advanced surveillance and other security technologies. “(2) Annual report.—“(A) In general.—Not later than 1 year after the date the working group is established under paragraph (1), the Administrator shall submit to the appropriate committee of Congress [probably should be “appropriate committees of Congress”] a report, covering the 12-month period preceding the date of the report, on—“(i) the organization of the working group; “(ii) the activities of the working group; “(iii) the participation of the TSA and public and private stakeholders in the activities of the working group; [and] “(iv) the findings of the working group, including any recommendations. “(B) Publication.—The Administrator may publish a public version of such report that describes the activities of the working group and such related matters as would be informative to the public, consistent with section 552(b) of title 5, United States Code. “(3) Nonapplicability of faca.—The Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] shall not apply to the working group established under subsection (a) [probably should be “paragraph (1)”] or any subcommittee thereof. “(c) Technical Assistance.—“(1) In general.—The Secretary shall—“(A) inform owners and operators of surface transportation assets about the availability of technical assistance, including vulnerability assessment tools and cybersecurity guidelines, to help protect and enhance the resilience of public areas of such assets; and “(B) upon request, and subject to the availability of appropriations, provide such technical assistance to owners and operators of surface transportation assets. “(2) Best practices.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], and periodically thereafter, the Secretary shall publish on the Department website and widely disseminate, as appropriate, current best practices for protecting and enhancing the resilience of public areas of transportation facilities (including facilities that are surface transportation assets), including associated frameworks or templates for implementation. “(d) Review.—“(1) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator shall—“(A) review of [sic] regulations, directives, policies, and procedures issued by the Administrator regarding the transportation of a firearm and ammunition; and “(B) submit to the appropriate committees of Congress a report on the findings of the review under subparagraph (A), including, as appropriate, information on any plans to modify any regulation, directive, policy, or procedure based on the review. “(2) Consultation.—In preparing the report under paragraph (1), the Administrator shall consult with—“(A) ASAC; “(B) the Surface Transportation Security Advisory Committee under section 404 of the Homeland Security Act of 2002 [6 U.S.C. 204]; and “(C) appropriate public and private stakeholders.”

[For definitions of terms used in section 1931 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Public Area Best Practices

Pub. L. 115–254, div. K, title I, § 1932, Oct. 5, 2018, 132 Stat. 3571, provided that: “(a) In General.—The Administrator shall, in accordance with law and as received or developed, periodically submit information, on any best practices developed by the TSA or appropriate transportation stakeholders related to protecting the public spaces of transportation infrastructure from emerging threats, to the following:“(1) Federal Security Directors at airports. “(2) Appropriate security directors for other modes of transportation. “(3) Other appropriate transportation security stakeholders. “(b) Information Sharing.—The Administrator shall, in accordance with law—“(1) in coordination with the Office of the Director of National Intelligence and industry partners, implement improvements to the Air Domain Intelligence and Analysis Center to encourage increased participation from stakeholders and enhance government and industry security information sharing on transportation security threats, including on cybersecurity threat awareness; “(2) expand and improve the City and Airport Threat Assessment or similar program to public and private stakeholders to capture, quantify, communicate, and apply applicable intelligence to inform transportation infrastructure mitigation measures, such as—“(A) quantifying levels of risk by airport that can be used to determine risk-based security mitigation measures at each location; and “(B) determining random and surge employee inspection operations based on changing levels of risk; “(3) continue to disseminate Transportation Intelligence Notes, tear-lines, and related intelligence products to appropriate transportation security stakeholders on a regular basis; and “(4) continue to conduct both regular routine and threat-specific classified briefings between the TSA and appropriate transportation sector stakeholders on an individual or group basis to provide greater information sharing between public and private sectors. “(c) Mass Notification.—The Administrator shall encourage security stakeholders to utilize mass notification systems, including the Integrated Public Alert Warning System of the Federal Emergency Management Agency and social media platforms, to disseminate information to transportation community employees, travelers, and the general public, as appropriate. “(d) Public Awareness Programs.—The Secretary, in coordination with the Administrator, shall expand public programs of the Department of Homeland Security and the TSA that increase security threat awareness, education, and training to include transportation network public area employees, including airport and transportation vendors, local hotels, cab and limousine companies, ridesharing companies, cleaning companies, gas station attendants, cargo operators, and general aviation members.”

[For definitions of terms used in section 1932 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Surface Transportation Security Assessment and Implementation of Risk-Based Strategy

Pub. L. 115–254, div. K, title I, § 1964, Oct. 5, 2018, 132 Stat. 3604, provided that: “(a) Security Assessment.—“(1) In general.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall complete an assessment of the vulnerabilities of and risks to surface transportation systems. “(2) Considerations.—In conducting the security assessment under paragraph (1), the Administrator shall, at a minimum—“(A) consider appropriate intelligence; “(B) consider security breaches and attacks at domestic and international surface transportation facilities; “(C) consider the vulnerabilities and risks associated with specific modes of surface transportation; “(D) evaluate the vetting and security training of—“(i) employees in surface transportation; and “(ii) other individuals with access to sensitive or secure areas of surface transportation networks; and “(E) consider input from—“(i) representatives of different modes of surface transportation; “(ii) representatives of critical infrastructure entities; “(iii) the Transportation Systems Sector Coordinating Council; and “(iv) the heads of other relevant Federal departments or agencies. “(b) Risk-based Surface Transportation Security Strategy.—“(1) In general.—Not later than 180 days after the date the security assessment under subsection (a) is complete, the Administrator shall use the results of the assessment—“(A) to develop and implement a cross-cutting, risk-based surface transportation security strategy that includes—“(i) all surface transportation modes; “(ii) a mitigating strategy that aligns with each vulnerability and risk identified in subsection (a); “(iii) a planning process to inform resource allocation; “(iv) priorities, milestones, and performance metrics to measure the effectiveness of the risk-based surface transportation security strategy; and “(v) processes for sharing relevant and timely intelligence threat information with appropriate stakeholders; “(B) to develop a management oversight strategy that—“(i) identifies the parties responsible for the implementation, management, and oversight of the risk-based surface transportation security strategy; and “(ii) includes a plan for implementing the risk-based surface transportation security strategy; and “(C) to modify the risk-based budget and resource allocations, in accordance with section 1965(c) [set out as a note below], for the Transportation Security Administration. “(2) Coordinated approach.—In developing and implementing the risk-based surface transportation security strategy under paragraph (1), the Administrator shall coordinate with the heads of other relevant Federal departments or agencies, and stakeholders, as appropriate—“(A) to evaluate existing surface transportation security programs, policies, and initiatives, including the explosives detection canine teams, for consistency with the risk-based security strategy and, to the extent practicable, avoid any unnecessary duplication of effort; “(B) to determine the extent to which stakeholder security programs, policies, and initiatives address the vulnerabilities and risks to surface transportation systems identified in subsection (a); and “(C) subject to subparagraph (B), to mitigate each vulnerability and risk to surface transportation systems identified in subsection (a). “(c) Report.—“(1) In general.—Not later than 180 days after the date the security assessment under subsection (a) is complete, the Administrator shall submit to the appropriate committees of Congress and the Inspector General of the Department a report that—“(A) describes the process used to complete the security assessment; “(B) describes the process used to develop the risk-based security strategy; “(C) describes the risk-based security strategy; “(D) includes the management oversight strategy; “(E) includes—“(i) the findings of the security assessment; “(ii) a description of the actions recommended or taken by the Administrator to mitigate the vulnerabilities and risks identified in subsection (a), including interagency coordination; “(iii) any recommendations for improving the coordinated approach to mitigating vulnerabilities and risks to surface transportation systems; and “(iv) any recommended changes to the National Infrastructure Protection Plan, the modal annexes to such plan, or relevant surface transportation security programs, policies, or initiatives; and “(F) may contain a classified annex. “(2) Protections.—In preparing the report, the Administrator shall take appropriate actions to safeguard information described by section 552(b) of title 5, United States Code, or protected from disclosure by any other law of the United States. “(d) Updates.—Not less frequently than semiannually, the Administrator shall report to or brief the appropriate committees of Congress on the vulnerabilities of and risks to surface transportation systems and how those vulnerabilities and risks affect the risk-based security strategy.”

[For definitions of terms used in section 1964 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Risk-Based Budgeting and Resource Allocation

Pub. L. 115–254, div. K, title I, § 1965, Oct. 5, 2018, 132 Stat. 3606, provided that: “(a) Report.—In conjunction with the submission of the Department’s annual budget request to the Office of Management and Budget, the Administrator shall submit to the appropriate committees of Congress a report that describes a risk-based budget and resource allocation plan for surface transportation sectors, within and across modes, that—“(1) reflects the risk-based surface transportation security strategy under section 1964(b) [set out as a note above]; and “(2) is organized by appropriations account, program, project, and initiative. “(b) Budget Transparency.—In submitting the annual budget of the United States Government under section 1105 of title 31, United States Code, the President shall clearly distinguish the resources requested for surface transportation security from the resources requested for aviation security. “(c) Resource Reallocation.—“(1) In general.—Not later than 15 days after the date on which the Transportation Security Administration allocates any resources or personnel, including personnel sharing, detailing, or assignment, or the use of facilities, technology systems, or vetting resources, for a nontransportation security purpose or National Special Security Event (as defined in section 2001 of Homeland Security Act of 2002 (6 U.S.C. 601)), the Secretary shall provide the notification described in paragraph (2) to the appropriate committees of Congress. “(2) Notification.—A notification described in this paragraph shall include—“(A) the reason for and a justification of the resource or personnel allocation; “(B) the expected end date of the resource or personnel allocation; and “(C) the projected cost to the Transportation Security Administration of the personnel or resource allocation. “(d) 5-year Capital Investment Plan.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], 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 a 5-year capital investment plan, consistent with the 5-year technology investment plan under section 1611 of title XVI of the Homeland Security Act of 2002 [6 U.S.C. 563], as amended by section 3 of the Transportation Security Acquisition Reform Act (Public Law 113–245; 128 Stat. 2871).”

[For definitions of terms used in section 1965 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Transparency

Pub. L. 115–254, div. K, title I, § 1967, Oct. 5, 2018, 132 Stat. 3607, provided that: “(a) Regulations.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], and every 180 days thereafter, the Administrator [of the Transportation Security Administration] shall publish on a public website information regarding the status of each regulation relating to surface transportation security that is directed by law to be issued and that has not been issued if not less than 2 years have passed since the date of enactment of the law. “(2) Contents.—The information published under paragraph (1) shall include—“(A) an updated rulemaking schedule for the outstanding regulation; “(B) current staff allocations; “(C) data collection or research relating to the development of the rulemaking; “(D) current efforts, if any, with security experts, advisory committees, and other stakeholders; and “(E) other relevant details associated with the development of the rulemaking that impact the progress of the rulemaking. “(b) Inspector General Review.—Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter until all of the requirements under titles XIII [6 U.S.C. 1111 et seq.], XIV [6 U.S.C. 1131 et seq.], and XV [6 U.S.C. 1151 et seq.] of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) and under this title [see Tables for classification] have been fully implemented, the Inspector General of the Department shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a report that—“(1) identifies the requirements under such titles of that Act and under this title that have not been fully implemented; “(2) describes what, if any, additional action is necessary; and “(3) includes recommendations regarding whether any of the requirements under such titles of that Act or this title should be amended or repealed.”

TSA Counterterrorism Asset Deployment

Pub. L. 115–254, div. K, title I, § 1968(a), Oct. 5, 2018, 132 Stat. 3608, provided that: “(1) In general.—If the Administrator [of the Transportation Security Administration] deploys any counterterrorism personnel or resource, such as explosive detection sweeps, random bag inspections, or patrols by Visible Intermodal Prevention and Response teams, to enhance security at a transportation system or transportation facility for a period of not less than 180 consecutive days, the Administrator shall provide sufficient notification to the system or facility operator, as applicable, not less than 14 days prior to terminating the deployment. “(2) Exception.—This subsection shall not apply if the Administrator—“(A) determines there is an urgent security need for the personnel or resource described in paragraph (1); and “(B) notifies the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] of the determination under subparagraph (A).”

Best Practices To Secure Against Vehicle-Based Attacks

Pub. L. 115–254, div. K, title I, § 1982, Oct. 5, 2018, 132 Stat. 3620, provided that: “Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall disseminate best practices to public and private stakeholders regarding how to enhance transportation security against the threat of a vehicle-based terrorist attack.”

Risk Scenarios

Pub. L. 115–254, div. K, title I, § 1986, Oct. 5, 2018, 132 Stat. 3621, provided that: “(a) In General.—The Administrator shall annually develop, consistent with the transportation modal security plans required under section 114(s) of title 49, United States Code, risk-based priorities based on risk assessments conducted or received by the Secretary across all transportation modes that consider threats, vulnerabilities, and consequences. “(b) Scenarios.—The Administrator shall ensure that the risk-based priorities identified under subsection (a) are informed by an analysis of terrorist attack scenarios for each transportation mode, including cyber-attack scenarios and intelligence and open source information about current and evolving threats. “(c) Report.—Not later than 120 days after the date that annual risk-based priorities are developed under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that includes the following:“(1) Copies of the risk assessments for each transportation mode. “(2) A summary that ranks the risks within and across modes. “(3) A description of the risk-based priorities for securing the transportation sector that identifies and prioritizes the greatest security needs of such transportation sector, both across and within modes, in the order that such priorities should be addressed. “(4) Information on 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 each such mode and across modes. “(d) Classification.—The information provided under subsection (c) may be submitted in a classified format or unclassified format, as the Administrator considers appropriate.”

[For definitions of terms used in section 1986 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Integrated and Unified Operations Centers

Pub. L. 115–254, div. K, title I, § 1987, Oct. 5, 2018, 132 Stat. 3622, provided that: “(a) Framework.—Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator, in consultation with the heads of other appropriate offices or components of the Department, shall make available to public and private stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes, as determined appropriate by the Administrator. “(b) Report.—Not later than 1 year after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress regarding the establishment and activities of integrated and unified operations centers at transportation facilities at which the TSA has a presence.”

[For definitions of terms used in section 1987 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Information Sharing and Cybersecurity

Pub. L. 115–254, div. K, title I, § 1989, Oct. 5, 2018, 132 Stat. 3624, provided that: “(a) Federal Security Directors.— [Amended section 44933 of this title.] “(b) Plan to Improve Information Sharing.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall develop a plan to improve intelligence information sharing with State and local transportation entities that includes best practices to ensure that the information shared is actionable, useful, and not redundant. “(2) Contents.—The plan required under paragraph (1) shall include the following:“(A) The incorporation of best practices for information sharing. “(B) The identification of areas of overlap and redundancy. “(C) An evaluation and incorporation of stakeholder input in the development of such plan. “(D) The integration of any recommendations of the Comptroller General of the United States on information sharing. “(3) Solicitation.—The Administrator shall solicit on an annual basis input from appropriate stakeholders, including State and local transportation entities, on the quality and quantity of intelligence received by such stakeholders relating to information sharing. “(c) Best Practices Sharing.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall establish a mechanism to share with State and local transportation entities best practices from across the law enforcement spectrum, including Federal, State, local, and tribal entities, that relate to employee training, employee professional development, technology development and deployment, hardening tactics, and passenger and employee awareness programs. “(2) Consultation.—The Administrator shall solicit and incorporate stakeholder input—“(A) in developing the mechanism for sharing best practices as required under paragraph (1); and “(B) not less frequently than annually on the quality and quantity of information such stakeholders receive through the mechanism established under such paragraph. “(d) Cybersecurity.—“(1) In general.—The Administrator, in consultation with the Secretary, shall—“(A) not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], implement the Framework for Improving Critical Infrastructure Cybersecurity (referred to in this section as the ‘Framework’ developed by the National Institute of Standards and Technology, and any update to such Framework under section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272), to manage the agency’s cybersecurity risks; and “(B) evaluate, on a periodic basis, but not less often than biennially, the use of the Framework under subparagraph (A). “(2) Cybersecurity enhancements to aviation security activities.—The Secretary, in consultation with the Secretary of Transportation, shall, upon request, conduct cybersecurity vulnerability assessments for airports and air carriers. “(3) TSA trusted traveler and credentialing program cyber evaluation.—“(A) Evaluation required.—Not later than 120 days after the date of enactment of this Act, the Secretary shall—“(i) evaluate the cybersecurity of TSA trusted traveler and credentialing programs that contain personal information of specific individuals or information that identifies specific individuals, including the Transportation Worker Identification Credential and PreCheck programs; “(ii) identify any cybersecurity risks under the programs described in clause (i); and “(iii) develop remediation plans to address the cybersecurity risks identified under clause (ii). “(B) Submission to congress.—Not later than 30 days after the date the evaluation under subparagraph (A) is complete, the Secretary shall submit to the appropriate committees of Congress information relating to such evaluation, including any cybersecurity vulnerabilities identified and remediation plans to address such vulnerabilities. Such submission shall be provided in a classified form. “(4) Definitions.—In this subsection, the terms ‘cybersecurity risk’ and ‘incident’ have the meanings given the terms in section 227 [now section 2209] of the Homeland Security Act of 2002 (6 U.S.C. 148) [now 6 U.S.C. 659; see 6 U.S.C. 650].”

[For definitions of terms used in section 1989 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Safeguarding and Disposal of Personal Information of Registered Traveler Program Participants

Pub. L. 114–4, title V, § 536, Mar. 4, 2015, 129 Stat. 67, provided that: “(a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler or successor program of the Transportation Security Administration shall hereafter safeguard and dispose of such information in accordance with the requirements in—“(1) the National Institute for Standards and Technology Special Publication 800–30, entitled ‘Risk Management Guide for Information Technology Systems’; “(2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled ‘Recommended Security Controls for Federal Information Systems and Organizations’; and “(3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the ‘Administrator’). “(b) The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall hereafter be known as the ‘Sponsoring Entity’. “(c) The Administrator shall hereafter require any company covered by subsection (a) to provide, not later than 30 days after the date of enactment of this Act [Mar. 4, 2015], to the Sponsoring Entity written certification that the procedures used by the company to safeguard and dispose of information are in compliance with the requirements under subsection (a). Such certification shall include a description of the procedures used by the company to comply with such requirements.”

Registered Traveler Programs and Biometrically-Secure Cards

Pub. L. 110–161, div. E, title V, § 571, Dec. 26, 2007, 121 Stat. 2093, provided that: “Effective no later than ninety days after the date of enactment of this Act [Dec. 26, 2007], the Transportation Security Administration shall permit approved members of Registered Traveler programs to satisfy fully the required identity verification procedures at security screening checkpoints by presenting a biometrically-secure Registered Traveler card in lieu of the government-issued photo identification document required of non-participants: Provided, That if their identity is not confirmed biometrically, the standard identity and screening procedures will apply: Provided further, That if the Assistant Secretary (Transportation Security Administration) determines this is a threat to civil aviation, then the Assistant Secretary (Transportation Security Administration) shall notify the Committees on Appropriations of the Senate and House of Representatives five days in advance of such determination and require Registered Travelers to present government-issued photo identification documents in conjunction with a biometrically-secure Registered Traveler card.”

Congressional Oversight of Security Assurance for Public and Private Stakeholders

Pub. L. 110–53, title XII, § 1203(b), Aug. 3, 2007, 121 Stat. 385, as amended by Pub. L. 115–254, div. K, title I, § 1904(b)(2), Oct. 5, 2018, 132 Stat. 3545, provided that: “(1) In general.—Except as provided in paragraph (2), the Secretary [of Homeland Security] shall provide a semiannual report to the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives that includes—“(A) the number of public and private stakeholders who were provided with each report; “(B) a description of the measures the Secretary has taken to ensure proper treatment and security for any classified information to be shared with the public and private stakeholders under the Plan; and “(C) an explanation of the reason for the denial of transportation security information to any stakeholder who had previously received such information. “(2) No report required if no changes in stakeholders.—The Secretary is not required to provide a semiannual report under paragraph (1) if no stakeholders have been added to or removed from the group of persons with whom transportation security information is shared under the plan [probably should be “Plan”] since the end of the period covered by the last preceding semiannual report.”

Specialized Training

Pub. L. 110–53, title XVI, § 1611, Aug. 3, 2007, 121 Stat. 485, provided that: “The Administrator of the Transportation Security Administration shall provide advanced training to transportation security officers for the development of specialized security skills, including behavior observation and analysis, explosives detection, and document examination, in order to enhance the effectiveness of layered transportation security measures.”

Inapplicability of Personnel Limitations After Fiscal Year 2007

Pub. L. 110–53, title XVI, § 1612, Aug. 3, 2007, 121 Stat. 485, provided that: “(a) In General.—Notwithstanding any provision of law, any statutory limitation on the number of employees in the Transportation Security Administration, before or after its transfer to the Department of Homeland Security from the Department of Transportation, does not apply after fiscal year 2007. “(b) Aviation Security.—Notwithstanding any provision of law imposing a limitation on the recruiting or hiring of personnel into the Transportation Security Administration to a maximum number of permanent positions, the Secretary of Homeland Security shall recruit and hire such personnel into the Administration as may be necessary—“(1) to provide appropriate levels of aviation security; and “(2) to accomplish that goal in such a manner that the average aviation security-related delay experienced by airline passengers is reduced to a level of less than 10 minutes.”

Lease of Property to Transportation Security Administration Employees

Pub. L. 109–90, title V, § 514, Oct. 18, 2005, 119 Stat. 2084, provided that: “Notwithstanding section 3302 of title 31, United States Code, for fiscal year 2006 and thereafter, the Administrator of the Transportation Security Administration may impose a reasonable charge for the lease of real and personal property to Transportation Security Administration employees and for use by Transportation Security Administration employees and may credit amounts received to the appropriation or fund initially charged for operating and maintaining the property, which amounts shall be available, without fiscal year limitation, for expenditure for property management, operation, protection, construction, repair, alteration, and related activities.”

Similar provisions were contained in the following prior appropriation act:

Pub. L. 108–334, title V, § 516, Oct. 18, 2004, 118 Stat. 1318.

Acquisition Management System of the Transportation Security Administration

Pub. L. 109–90, title V, § 515, Oct. 18, 2005, 119 Stat. 2084, provided that: “For fiscal year 2006 and thereafter, the acquisition management system of the Transportation Security Administration shall apply to the acquisition of services, as well as equipment, supplies, and materials.”

Similar provisions were contained in the following prior appropriation act:

Pub. L. 108–334, title V, § 517, Oct. 18, 2004, 118 Stat. 1318.

Registered Traveler Program Fee

Pub. L. 109–90, title V, § 540, Oct. 18, 2005, 119 Stat. 2088, provided that: “For fiscal year 2006 and thereafter, notwithstanding section 553 of title 5, United States Code, the Secretary of Homeland Security shall impose a fee for any registered traveler program undertaken by the Department of Homeland Security by notice in the Federal Register, and may modify the fee from time to time by notice in the Federal Register: Provided, That such fees shall not exceed the aggregate costs associated with the program and shall be credited to the Transportation Security Administration registered traveler fee account, to be available until expended.”

Enhanced Security Measures

Pub. L. 107–71, title I, § 109, Nov. 19, 2001, 115 Stat. 613, as amended by Pub. L. 107–296, title XIV, § 1403(b), Nov. 25, 2002, 116 Stat. 2306, provided that: “(a) In General.—The Under Secretary of Transportation for Security [now the Administrator of the Transportation Security Administration] may take the following actions:“(1) Require effective 911 emergency call capability for telephones serving passenger aircraft and passenger trains. “(2) Establish a uniform system of identification for all State and local law enforcement personnel for use in obtaining permission to carry weapons in aircraft cabins and in obtaining access to a secured area of an airport, if otherwise authorized to carry such weapons. “(3) Establish requirements to implement trusted passenger programs and use available technologies to expedite the security screening of passengers who participate in such programs, thereby allowing security screening personnel to focus on those passengers who should be subject to more extensive screening. “(4) In consultation with the Commissioner of the Food and Drug Administration, develop alternative security procedures under which a medical product to be transported on a flight of an air carrier would not be subject to an inspection that would irreversibly damage the product. “(5) Provide for the use of technologies, including wireless and wire line data technologies, to enable the private and secure communication of threats to aid in the screening of passengers and other individuals on airport property who are identified on any State or Federal security-related data base for the purpose of having an integrated response coordination of various authorized airport security forces. “(6) In consultation with the Administrator of the Federal Aviation Administration, consider whether to require all pilot licenses to incorporate a photograph of the license holder and appropriate biometric imprints. “(7) Provide for the use of voice stress analysis, biometric, or other technologies to prevent a person who might pose a danger to air safety or security from boarding the aircraft of an air carrier or foreign air carrier in air transportation or intrastate air transportation. “(8) Provide for the use of technology that will permit enhanced instant communications and information between airborne passenger aircraft and appropriate individuals or facilities on the ground. “(9) Require that air carriers provide flight attendants with a discreet, hands-free, wireless method of communicating with the pilots. “(b) Report.—Not later than 6 months after the date of enactment of this Act [Nov. 19, 2001], and annually thereafter until the Under Secretary [now the Administrator of the Transportation Security Administration] has implemented or decided not to take each of the actions specified in subsection (a), the Under Secretary shall transmit to Congress a report on the progress of the Under Secretary in evaluating and taking such actions, including any legislative recommendations that the Under Secretary may have for enhancing transportation security.”

[For definitions of terms used in section 109 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]