[House Report 115-37]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-37
======================================================================
TSA ADMINISTRATOR MODERNIZATION ACT OF 2017
_______
March 15, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 1309]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1309) to streamline the office and term of the
Administrator of the Transportation Security Administration,
and for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
The purpose of H.R. 1309 is to update the office and term
of the Administrator of the Transportation Security
Administration (TSA) to conform with current policy. H.R. 1309,
the ``TSA Administrator Modernization Act of 2017,'' re-
establishes the official position, level, and term of the TSA
Administrator. It also adds the Administrator as an officer of
the Department of Homeland Security (DHS) and ensures that the
Administrator's level and pay rate are appropriate for an
Assistant Secretary. Additionally, this bill updates Federal
statute to reflect current policy by clarifying that TSA is a
component of DHS and ensuring that the Administrator has the
appropriate title, as well as the 5-year term originally
intended by Congress.
Background and Need for Legislation
The TSA was originally created in 2001 as part of the
Department of Transportation (DOT). However, when TSA and its
functions were transferred from DOT to DHS via the Homeland
Security Act of 2002, the Administrator's position and 5-year
term officially terminated. Since the Administrator's position
and term did not transfer, DHS has been using one of the
available Assistant Secretary positions for the Administrator.
This creates problems with transparency and consistency.
Since 2015, five different people have served as the TSA
Administrator-both as appointees and as acting administrators.
Additionally, Administrator Neffenger offered his resignation
to President Trump in January 2017 after less than 2 years of
service, since the 5-year term was no longer in effect. This
bill addresses these issues and gaps by re-establishing the
Administrator's position, level, and term, which will ensure
more consistent leadership at TSA.
Hearings
The Committee did not hold any legislative hearings on H.R.
1309 in the 115th Congress. However, this legislation was
informed by a Subcommittee on Transportation and Protective
Security Subcommittee hearing on February 2, 2017, entitled
``The Future of the Transportation Security Administration.''
The Subcommittee received testimony from Mr. Roger Dow, CEO,
U.S. Travel Association; Ms. Nina Brooks, Head of Security,
Airports Council International; and Mr. J. David Cox, National
President, American Federation of Government Employees.
Committee Consideration
The Committee met on March 8, 2017, to consider H.R. 1309,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 1309.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
1309, the TSA Administrator Modernization Act of 2017, would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 13, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1309 the TSA
Administrator Modernization Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 1309--TSA Administrator Modernization Act of 2017
H.R. 1309 would amend current law to specify the term of
the Administrator of the Transportation Security Administration
(TSA) and clarify other details regarding that position within
the Department of Homeland Security (DHS).
According to DHS, the proposed changes to current law would
codify longstanding policy regarding the role and position of
the TSA Administrator within DHS; as a result, CBO estimates
that enacting the bill would not affect federal spending.
Enacting H.R. 1309 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1309 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 1309 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 1309 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation ensures that the Administrator of the
Transportation Security Administration (TSA), and TSA in
general, is able to effectively carry out the proper
responsibilities within the Department by clarifying the role,
title, and term of the office.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1309 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 1309 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1309 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``TSA Administrator Modernization Act of 2017''.
Sec. 2. Amendments to the Homeland Security Act of 2002 and Title 5,
United States Code
This section amends the Homeland Security Act of 2002 by
reducing from 12 to 11 the number of Assistant Secretaries
available under subparagraph (I) of paragraph (1) of section
103(a), and by adding the Administrator of the Transportation
Security Administration as an officer of DHS under paragraph
(1) of section 103(a).
Additionally, this section amends Section 5315 of Title 5
of the United States Code to include the TSA Administrator as a
position to which Level IV of the Executive Schedule applies.
Sec. 3. Amendments to Title 49, United States Code
This section amends Section 114 of Title 49 of the United
States Code by striking references to the Department of
Transportation, Secretary of Transportation, and Under
Secretary of Transportation for Security and replacing them
with references to the Department of Homeland Security,
Secretary of Homeland Security, and Administrator of the
Transportation Security Administration, as appropriate.
This section also amends Section 114 of Title 49 of the
United States Code by replacing ``Federal Security Managers''
with ``Federal Security Directors'' in subparagraph (6) of
subsection (f), and inserting ``air carriers or'' before
``foreign air carriers'' in subparagraph (14) of subsection
(f).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--
(1) In general.--Except as provided under paragraph (2),
there are the following officers, appointed by the President,
by and with the advice and consent of the Senate:
(A) A Deputy Secretary of Homeland Security, who
shall be the Secretary's first assistant for purposes
of subchapter III of chapter 33 of title 5, United
States Code.
(B) An Under Secretary for Science and Technology.
(C) A Commissioner of U.S. Customs and Border
Protection.
(D) An Administrator of the Federal Emergency
Management Agency.
(E) A Director of the Bureau of Citizenship and
Immigration Services.
(F) An Under Secretary for Management, who shall be
first assistant to the Deputy Secretary of Homeland
Security for purposes of subchapter III of chapter 33
of title 5, United States Code.
(G) A Director of U.S. Immigration and Customs
Enforcement.
(H) An Under Secretary responsible for overseeing
critical infrastructure protection, cybersecurity, and
other related programs of the Department.
(I) Not more than [12] 11 Assistant Secretaries.
(J) A General Counsel, who shall be the chief legal
officer of the Department.
(K) An Under Secretary for Strategy, Policy, and
Plans.
(L) An Administrator of the Transportation
Security Administration, in accordance with
section 114 of title 49, United States Code.
(2) Assistant secretaries.--If any of the Assistant
Secretaries referred to under paragraph (1)(I) is
designated to be the Assistant Secretary for Health
Affairs, the Assistant Secretary for Legislative
Affairs, or the Assistant Secretary for Public Affairs,
that Assistant Secretary shall be appointed by the
President without the advice and consent of the Senate.
(b) Inspector General.--There shall be in the Department an
Office of Inspector General and an Inspector General at the
head of such office, as provided in the Inspector General Act
of 1978 (5 U.S.C. App.).
(c) Commandant of the Coast Guard.--To assist the Secretary
in the performance of the Secretary's functions, there is a
Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code, and who
shall report directly to the Secretary. In addition to such
duties as may be provided in this Act and as assigned to the
Commandant by the Secretary, the duties of the Commandant shall
include those required by section 2 of title 14, United States
Code.
(d) Other Officers.--To assist the Secretary in the
performance of the Secretary's functions, there are the
following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) An Officer for Civil Rights and Civil Liberties.
(4) A Director for Domestic Nuclear Detection.
(5) Any Director of a Joint Task Force under section
708.
(e) Chief Financial Officer.--There shall be in the
Department a Chief Financial Officer, as provided in chapter 9
of title 31, United States Code.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for the official's
office or prescribed by the Secretary.
(g) Vacancies.--
(1) Absence, disability, or vacancy of secretary or
deputy secretary.--Notwithstanding chapter 33 of title
5, United States Code, the Under Secretary for
Management shall serve as the Acting Secretary if by
reason of absence, disability, or vacancy in office,
neither the Secretary nor Deputy Secretary is available
to exercise the duties of the Office of the Secretary.
(2) Further order of succession.--Notwithstanding
chapter 33 of title 5, United States Code, the
Secretary may designate such other officers of the
Department in further order of succession to serve as
Acting Secretary.
(3) Notification of vacancies.--The Secretary shall
notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives of
any vacancies that require notification under sections
3345 through 3349d of title 5, United States Code
(commonly known as the ``Federal Vacancies Reform Act
of 1998'').
* * * * * * *
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TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
Assistant Administrators, Agency for International
Development (6).
Regional Assistant Administrators, Agency for
International Development (4).
Assistant Secretaries of Agriculture (3).
Assistant Secretaries of Commerce (11).
Assistant Secretaries of Defense (14).
Assistant Secretaries of the Air Force (4).
Assistant Secretaries of the Army (5).
Assistant Secretaries of the Navy (4).
Assistant Secretaries of Health and Human Services
(6).
Assistant Secretaries of the Interior (6).
Assistant Attorneys General (11).
Assistant Secretaries of Labor (10), one of whom
shall be the Assistant Secretary of Labor for Veterans'
Employment and Training.
Administrator, Wage and Hour Division, Department of
Labor.
Assistant Secretaries of State (24) and 4 other State
Department officials to be appointed by the President,
by and with the advice and consent of the Senate.
Assistant Secretaries of the Treasury (10).
Members, United States International Trade Commission
(5).
Assistant Secretaries of Education (10).
General Counsel, Department of Education.
Director of Civil Defense, Department of the Army.
Deputy Director of the Office of Emergency Planning.
Deputy Director of the Office of Science and
Technology.
Deputy Director of the Peace Corps.
Assistant Directors of the Office of Management and
Budget (3).
General Counsel of the Department of Agriculture.
General Counsel of the Department of Commerce.
General Counsel of the Department of Defense.
General Counsel of the Department of Health and Human
Services.
Solicitor of the Department of the Interior.
Solicitor of the Department of Labor.
General Counsel of the National Labor Relations
Board.
General Counsel of the Department of the Treasury.
First Vice President of the Export-Import Bank of
Washington.
Members, Council of Economic Advisers.
Members, Board of Directors of the Export-Import Bank
of Washington.
Members, Federal Communications Commission.
Member, Board of Directors of the Federal Deposit
Insurance Corporation.
Directors, Federal Housing Finance Board.
Members, Federal Energy Regulatory Commission.
Members, Federal Trade Commission.
Members, Surface Transportation Board.
Members, National Labor Relations Board.
Members, Securities and Exchange Commission.
Members, Merit Systems Protection Board.
Members, Federal Maritime Commission.
Members, National Mediation Board.
Members, Railroad Retirement Board.
Director of Selective Service.
Associate Director of the Federal Bureau of
Investigation, Department of Justice.
Members, Equal Employment Opportunity Commission (4).
Director, Community Relations Service.
Members, National Transportation Safety Board.
General Counsel, Department of Transportation.
Deputy Administrator, Federal Aviation
Administration.
Assistant Secretaries of Transportation (5).
Deputy Federal Highway Administrator.
Administrator of the Saint Lawrence Seaway
Development Corporation.
Assistant Secretary for Science, Smithsonian
Institution.
Assistant Secretary for History and Art, Smithsonian
Institution.
Deputy Administrator of the Small Business
Administration.
Assistant Secretaries of Housing and Urban
Development (8).
General Counsel of the Department of Housing and
Urban Development.
Commissioner of Interama.
Federal Insurance Administrator, Federal Emergency
Management Agency.
Executive Vice President, Overseas Private Investment
Corporation.
Members, National Credit Union Administration Board
(2).
Members, Postal Regulatory Commission (4).
Members, Occupational Safety and Health Review
Commission.
Deputy Under Secretaries of the Treasury (or
Assistant Secretaries of the Treasury) (2).
Members, Consumer Product Safety Commission (4).
Members, Commodity Futures Trading Commission.
Director of Nuclear Reactor Regulation, Nuclear
Regulatory Commission.
Director of Nuclear Material Safety and Safeguards,
Nuclear Regulatory Commission.
Director of Nuclear Regulatory Research, Nuclear
Regulatory Commission.
Executive Director for Operations, Nuclear Regulatory
Commission.
President, Government National Mortgage Association,
Department of Housing and Urban Development.
Assistant Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Deputy Administrator of the National Oceanic and
Atmospheric Administration.
Director, Bureau of Prisons, Department of Justice.
Assistant Secretaries of Energy (8).
General Counsel of the Department of Energy.
Administrator, Economic Regulatory Administration,
Department of Energy.
Administrator, Energy Information Administration,
Department of Energy.
Director, Office of Indian Energy Policy and
Programs, Department of Energy.
Director, Office of Science, Department of Energy.
Assistant Secretary of Labor for Mine Safety and
Health.
Members, Federal Mine Safety and Health Review
Commission.
President, National Consumer Cooperative Bank.
Special Counsel of the Merit Systems Protection
Board.
Chairman, Federal Labor Relations Authority.
Assistant Secretaries, Department of Homeland
Security.
General Counsel, Department of Homeland Security.
Officer for Civil Rights and Civil Liberties,
Department of Homeland Security.
Chief Financial Officer, Department of Homeland
Security.
Chief Information Officer, Department of Homeland
Security.
Deputy Director, Institute for Scientific and
Technological Cooperation.
Director of the National Institute of Justice.
Director of the Bureau of Justice Statistics.
Chief Counsel for Advocacy, Small Business
Administration.
Assistant Administrator for Toxic Substances,
Environmental Protection Agency.
Assistant Administrator, Office of Solid Waste,
Environmental Protection Agency.
Assistant Administrators, Environmental Protection
Agency (8).
Director of Operational Test and Evaluation,
Department of Defense.
Director of Cost Assessment and Program Evaluation,
Department of Defense.
Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State.
Ambassadors at Large.
Assistant Secretary of Commerce and Director General
of the United States and Foreign Commercial Service.
Assistant Secretaries, Department of Veterans Affairs
(7).
General Counsel, Department of Veterans Affairs.
Commissioner of Food and Drugs, Department of Health
and Human Services
Chairman, Board of Veterans' Appeals.
Administrator, Office of Juvenile Justice and
Delinquency Prevention.
Director, United States Marshals Service.
Chairman, United States Parole Commission.
Director, Bureau of the Census, Department of
Commerce.
Director of the Institute of Museum and Library
Services.
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and
Human Services.
Chief Financial Officer, Department of Housing and
Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of
Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans
Affairs.
Chief Financial Officer, Environmental Protection
Agency.
Chief Financial Officer, National Aeronautics and
Space Administration.
Commissioner, Office of Navajo and Hopi Indian
Relocation.
Principal Deputy Under Secretary of Defense for
Policy.
Principal Deputy Under Secretary of Defense for
Personnel and Readiness.
Principal Deputy Under Secretary of Defense
(Comptroller).
Principal Deputy Under Secretary of Defense for
Intelligence.
General Counsel of the Department of the Army.
General Counsel of the Department of the Navy.
General Counsel of the Department of the Air Force.
Liaison for Community and Junior Colleges, Department
of Education.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau.
The Commissioner of Labor Statistics, Department of
Labor.
Administrator, Rural Utilities Service, Department of
Agriculture.
Chief Information Officer, Department of Agriculture.
Chief Information Officer, Department of Commerce.
Chief Information Officer, Department of Defense
(unless the official designated as the Chief
Information Officer of the Department of Defense is an
official listed under section 5312, 5313, or 5314 of
this title).
Chief Information Officer, Department of Education.
Chief Information Officer, Department of Energy.
Chief Information Officer, Department of Health and
Human Services.
Chief Information Officer, Department of Housing and
Urban Development.
Chief Information Officer, Department of the
Interior.
Chief Information Officer, Department of Justice.
Chief Information Officer, Department of Labor.
Chief Information Officer, Department of State.
Chief Information Officer, Department of
Transportation.
Chief Information Officer, Department of the
Treasury.
Chief Information Officer, Department of Veterans
Affairs.
Chief Information Officer, Environmental Protection
Agency.
Chief Information Officer, National Aeronautics and
Space Administration.
Chief Information Officer, Agency for International
Development.
Chief Information Officer, Federal Emergency
Management Agency.
Chief Information Officer, General Services
Administration.
Chief Information Officer, National Science
Foundation.
Chief Information Officer, Nuclear Regulatory Agency.
Chief Information Officer, Office of Personnel
Management.
Chief Information Officer, Small Business
Administration.
Chief Information Officer of the Intelligence
Community.
General Counsel of the Central Intelligence Agency.
Principal Deputy Administrator, National Nuclear
Security Administration.
Additional Deputy Administrators of the National
Nuclear Security Administration (3), but if the Deputy
Administrator for Naval Reactors is an officer of the
Navy on active duty, (2).
Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States
Patent and Trademark Office.
General Counsel of the Office of the Director of
National Intelligence.
Chief Medical Officer, Department of Homeland
Security.
Administrator of the Transportation Security
Administration, Department of Homeland Security.
* * * * * * *
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TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 114. Transportation Security Administration
(a) In General.--The Transportation Security Administration
shall be an administration of the [Department of
Transportation] Department of Homeland Security.
(b) [Under Secretary] Administrator._
(1) Appointment.--The head of the Administration
shall be the [Under Secretary of Transportation for
Security] Administrator of the Transportation Security
Administration. The [Under Secretary] Administrator
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) Qualifications.--The [Under Secretary]
Administrator must--
(A) be a citizen of the United States; and
(B) have experience in a field directly
related to transportation or security.
(3) Term.--The term of office of an individual
appointed as the [Under Secretary] Administrator shall
be 5 years.
(c) Limitation on Ownership of Stocks and Bonds.--The [Under
Secretary] Administrator may not own stock in or bonds of a
transportation or security enterprise or an enterprise that
makes equipment that could be used for security purposes.
(d) Functions.--The [Under Secretary] Administrator shall be
responsible for security in all modes of transportation,
including--
(1) carrying out chapter 449, relating to civil
aviation security, and related research and development
activities; and
(2) security responsibilities over other modes of
transportation that are exercised by the Department of
Transportation.
(e) Screening Operations.--The [Under Secretary]
Administrator shall--
(1) be responsible for day-to-day Federal security
screening operations for passenger air transportation
and intrastate air transportation under sections 44901
and 44935;
(2) develop standards for the hiring and retention of
security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel
to provide security screening at all airports in the
United States where screening is required under section
44901, in consultation with the [Secretary of
Transportation] Secretary of Homeland Security and the
heads of other appropriate Federal agencies and
departments.
(f) Additional Duties and Powers.--In addition to carrying
out the functions specified in subsections (d) and (e), the
[Under Secretary] Administrator shall--
(1) receive, assess, and distribute intelligence
information related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for
dealing with threats to transportation security;
(4) make other plans related to transportation
security, including coordinating countermeasures with
appropriate departments, agencies, and
instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation
security to the intelligence and law enforcement
communities;
(6) on a day-to-day basis, manage and provide
operational guidance to the field security resources of
the Administration, including [Federal Security
Managers] Federal Security Directors as provided by
section 44933;
(7) enforce security-related regulations and
requirements;
(8) identify and undertake research and development
activities necessary to enhance transportation
security;
(9) inspect, maintain, and test security facilities,
equipment, and systems;
(10) ensure the adequacy of security measures for the
transportation of cargo;
(11) oversee the implementation, and ensure the
adequacy, of security measures at airports and other
transportation facilities;
(12) require background checks for airport security
screening personnel, individuals with access to secure
areas of airports, and other transportation security
personnel;
(13) work in conjunction with the Administrator of
the Federal Aviation Administration with respect to any
actions or activities that may affect aviation safety
or air carrier operations;
(14) work with the International Civil Aviation
Organization and appropriate aeronautic authorities of
foreign governments under section 44907 to address
security concerns on passenger flights by air carriers
or foreign air carriers in foreign air transportation;
and
(15) carry out such other duties, and exercise such
other powers, relating to transportation security as
the [Under Secretary] Administrator considers
appropriate, to the extent authorized by law.
(g) National Emergency Responsibilities.--
(1) In general.--Subject to the direction and control
of [the Secretary] the Secretary of Homeland Security,
the [Under Secretary] Administrator, during a national
emergency, shall have the following responsibilities:
(A) To coordinate domestic transportation,
including aviation, rail, and other surface
transportation, and maritime transportation
(including port security).
(B) To coordinate and oversee the
transportation-related responsibilities of
other departments and agencies of the Federal
Government other than the Department of Defense
and the military departments.
(C) To coordinate and provide notice to other
departments and agencies of the Federal
Government, and appropriate agencies of State
and local governments, including departments
and agencies for transportation, law
enforcement, and border control, about threats
to transportation.
(D) To carry out such other duties, and
exercise such other powers, relating to
transportation during a national emergency as
[the Secretary] the Secretary of Homeland
Security shall prescribe.
(2) Authority of other departments and agencies.--The
authority of the [Under Secretary] Administrator under
this subsection shall not supersede the authority of
any other department or agency of the Federal
Government under law with respect to transportation or
transportation-related matters, whether or not during a
national emergency.
(3) Circumstances.--[The Secretary] The Secretary of
Homeland Security shall prescribe the circumstances
constituting a national emergency for purposes of this
subsection.
(h) Management of Security Information.--In consultation with
the Transportation Security Oversight Board, the [Under
Secretary] Administrator shall--
(1) enter into memoranda of understanding with
Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals
identified on Federal agency databases who may pose a
risk to transportation or national security;
(2) establish procedures for notifying the
Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials,
and airport or airline security officers of the
identity of individuals known to pose, or suspected of
posing, a risk of air piracy or terrorism or a threat
to airline or passenger safety;
(3) in consultation with other appropriate Federal
agencies and air carriers, establish policies and
procedures requiring air carriers--
(A) to use information from government
agencies to identify individuals on passenger
lists who may be a threat to civil aviation or
national security; and
(B) if such an individual is identified,
notify appropriate law enforcement agencies,
prevent the individual from boarding an
aircraft, or take other appropriate action with
respect to that individual; and
(4) consider requiring passenger air carriers to
share passenger lists with appropriate Federal agencies
for the purpose of identifying individuals who may pose
a threat to aviation safety or national security.
(i) View of NTSB.--In taking any action under this section
that could affect safety, the [Under Secretary] Administrator
shall give great weight to the timely views of the National
Transportation Safety Board.
(j) Acquisitions.--
(1) In general.--The [Under Secretary] Administrator
is authorized--
(A) to acquire (by purchase, lease,
condemnation, or otherwise) such real property,
or any interest therein, within and outside the
continental United States, as the [Under
Secretary] Administrator considers necessary;
(B) to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain such personal
property (including office space and patents),
or any interest therein, within and outside the
continental United States, as the [Under
Secretary] Administrator considers necessary;
(C) to lease to others such real and personal
property and to provide by contract or
otherwise for necessary facilities for the
welfare of its employees and to acquire,
maintain and operate equipment for these
facilities;
(D) to acquire services, including such
personal services as [the Secretary] the
Secretary of Homeland Security determines
necessary, and to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain research and
testing sites and facilities; and
(E) in cooperation with the Administrator of
the Federal Aviation Administration, to utilize
the research and development facilities of the
Federal Aviation Administration.
(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by
the Government of the United States.
(k) Transfers of Funds.--The [Under Secretary] Administrator
is authorized to accept transfers of unobligated balances and
unexpended balances of funds appropriated to other Federal
agencies (as such term is defined in section 551(1) of title 5)
to carry out functions transferred, on or after the date of
enactment of the Aviation and Transportation Security Act, by
law to the [Under Secretary] Administrator.
(l) Regulations.--
(1) In general.--The [Under Secretary] Administrator
is authorized to issue, rescind, and revise such
regulations as are necessary to carry out the functions
of the Administration.
(2) Emergency procedures.--
(A) In general.--Notwithstanding any other
provision of law or executive order (including
an executive order requiring a cost-benefit
analysis), if the [Under Secretary]
Administrator determines that a regulation or
security directive must be issued immediately
in order to protect transportation security,
the [Under Secretary] Administrator shall issue
the regulation or security directive without
providing notice or an opportunity for comment
and without prior approval of [the Secretary]
the Secretary of Homeland Security.
(B) Review by Transportation Security
Oversight Board.--Any regulation or security
directive issued under this paragraph shall be
subject to review by the Transportation
Security Oversight Board established under
section 115. Any regulation or security
directive issued under this paragraph shall
remain effective for a period not to exceed 90
days unless ratified or disapproved by the
Board or rescinded by the [Under Secretary]
Administrator.
(3) Factors to consider.--In determining whether to
issue, rescind, or revise a regulation under this
section, the [Under Secretary] Administrator shall
consider, as a factor in the final determination,
whether the costs of the regulation are excessive in
relation to the enhancement of security the regulation
will provide. The [Under Secretary] Administrator may
waive requirements for an analysis that estimates the
number of lives that will be saved by the regulation
and the monetary value of such lives if the [Under
Secretary] Administrator determines that it is not
feasible to make such an estimate.
(4) Airworthiness objections by FAA.--
(A) In General.--The [Under Secretary]
Administrator shall not take an aviation
security action under this title if the
Administrator of the Federal Aviation
Administration notifies the [Under Secretary]
Administrator that the action could adversely
affect the airworthiness of an aircraft.
(B) Review by Secretary.--Notwithstanding
subparagraph (A), the [Under Secretary]
Administrator may take such an action, after
receiving a notification concerning the action
from [the Administrator under subparagraph (A)]
the Administrator of the Federal Aviation
Administration under subparagraph (A), if the
Secretary of Transportation subsequently
approves the action.
(m) Personnel and Services; Cooperation by [Under Secretary]
Administrator._
(1) Authority of [Under Secretary] administrator._In
carrying out the functions of the Administration, the
[Under Secretary] Administrator shall have the same
authority as is provided to the Administrator of the
Federal Aviation Administration under subsections (l)
and (m) of section 106.
(2) Authority of agency heads.--The head of a Federal
agency shall have the same authority to provide
services, supplies, equipment, personnel, and
facilities to the [Under Secretary] Administrator as
the head has to provide services, supplies, equipment,
personnel, and facilities to the Administrator of the
Federal Aviation Administration under section 106(m).
(n) Personnel Management System.--The personnel management
system established by the Administrator of the Federal Aviation
Administration under section 40122 shall apply to employees of
the Transportation Security Administration, or, subject to the
requirements of such section, the [Under Secretary]
Administrator may make such modifications to the personnel
management system with respect to such employees as the [Under
Secretary] Administrator considers appropriate, such as
adopting aspects of other personnel systems of the [Department
of Transportation] Department of Homeland Security.
(o) Authority of Inspector General.--The Transportation
Security Administration shall be subject to the Inspector
General Act of 1978 (5 U.S.C. App.) and other laws relating to
the authority of the Inspector General of the [Department of
Transportation] Department of Homeland Security.
(p) Law enforcement powers.--
(1) In general.--The [Under Secretary] Administrator
may designate an employee of the Transportation
Security Administration or other Federal agency to
serve as a law enforcement officer.
(2) Powers.--While engaged in official duties of the
Administration as required to fulfill the
responsibilities under this section, a law enforcement
officer designated under paragraph (1) may--
(A) carry a firearm;
(B) make an arrest without a warrant for any
offense against the United States committed in
the presence of the officer, or for any felony
cognizable under the laws of the United States
if the officer has probable cause to believe
that the person to be arrested has committed or
is committing the felony; and
(C) seek and execute warrants for arrest or
seizure of evidence issued under the authority
of the United States upon probable cause that a
violation has been committed.
(3) Guidelines on exercise of authority.--The
authority provided by this subsection shall be
exercised in accordance with guidelines prescribed by
the [Under Secretary] Administrator, in consultation
with the Attorney General of the United States, and
shall include adherence to the Attorney General's
policy on use of deadly force.
(4) Revocation or suspension of authority.--The
powers authorized by this subsection may be rescinded
or suspended should the Attorney General determine that
the [Under Secretary] Administrator has not complied
with the guidelines prescribed in paragraph (3) and
conveys the determination in writing to the [Secretary
of Transportation] Secretary of Homeland Security and
the [Under Secretary] Administrator.
(q) Authority to Exempt.--The [Under Secretary] Administrator
may grant an exemption from a regulation prescribed in carrying
out this section if the [Under Secretary] Administrator
determines that the exemption is in the public interest.
(r) Nondisclosure of Security Activities.--
(1) In general.--Notwithstanding section 552 of title
5, the [Under Secretary] Administrator shall prescribe
regulations prohibiting the disclosure of information
obtained or developed in carrying out security under
authority of the Aviation and Transportation Security
Act (Public Law 107-71) or under chapter 449 of this
title if the [Under Secretary] Administrator decides
that disclosing the information would--
(A) be an unwarranted invasion of personal
privacy;
(B) reveal a trade secret or privileged or
confidential commercial or financial
information; or
(C) be detrimental to the security of
transportation.
(2) Availability of information to Congress-
Paragraph (1) does not authorize information to be
withheld from a committee of Congress authorized to
have the information.
(3) Limitation on transferability of duties- Except
as otherwise provided by law, the [Under Secretary]
Administrator may not transfer a duty or power under
this subsection to another department, agency, or
instrumentality of the United States.
(4) Limitations.--Nothing in this subsection, or any
other provision of law, shall be construed to authorize
the designation of information as sensitive security
information (as defined in section 1520.5 of title 49,
Code of Federal Regulations)--
(A) to conceal a violation of law,
inefficiency, or administrative error;
(B) to prevent embarrassment to a person,
organization, or agency;
(C) to restrain competition; or
(D) 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.
(s) Transportation Security Strategic Planning.--
(1) In general.--The Secretary of Homeland Security
shall develop, prepare, implement, and update, as
needed--
(A) a National Strategy for Transportation
Security; and
(B) transportation modal security plans
addressing security risks, including threats,
vulnerabilities, and consequences, for
aviation, railroad, ferry, highway, maritime,
pipeline, public transportation, over-the-road
bus, and other transportation infrastructure
assets.
(2) Role of Secretary of Transportation.--The
Secretary of Homeland Security shall work jointly with
the Secretary of Transportation in developing,
revising, and updating the documents required by
paragraph (1).
(3) Contents of National Strategy for Transportation
Security.--The National Strategy for Transportation
Security shall include the following:
(A) An identification and evaluation of the
transportation assets in the United States
that, in the interests of national security and
commerce, must be protected from attack or
disruption by terrorist or other hostile
forces, including modal security plans for
aviation, bridge and tunnel, commuter rail and
ferry, highway, maritime, pipeline, rail, mass
transit, over-the-road bus, and other public
transportation infrastructure assets that could
be at risk of such an attack or disruption.
(B) The development of risk-based priorities,
based on risk assessments conducted or received
by the Secretary of Homeland Security
(including assessments conducted under the
Implementing Recommendations of the 9/11
Commission Act of 2007 across all
transportation modes and realistic deadlines
for addressing security needs associated with
those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and
cost-effective means of defending those assets
against threats to their security.
(D) A forward-looking strategic plan that
sets forth the agreed upon roles and missions
of Federal, State, regional, local, and tribal
authorities and establishes mechanisms for
encouraging cooperation and participation by
private sector entities, including nonprofit
employee labor organizations, in the
implementation of such plan.
(E) A comprehensive delineation of
prevention, response, and recovery
responsibilities and issues regarding
threatened and executed acts of terrorism
within the United States and threatened and
executed acts of terrorism outside the United
States to the extent such acts affect United
States transportation systems.
(F) A prioritization of research and
development objectives that support
transportation security needs, giving a higher
priority to research and development directed
toward protecting vital transportation assets.
Transportation security research and
development projects shall be based, to the
extent practicable, on such prioritization.
Nothing in the preceding sentence shall be
construed to require the termination of any
research or development project initiated by
the Secretary of Homeland Security or the
Secretary of Transportation before the date of
enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007.
(G) A 3- and 10-year budget for Federal
transportation security programs that will
achieve the priorities of the National Strategy
for Transportation Security.
(H) Methods for linking the individual
transportation modal security plans and the
programs contained therein, and a plan for
addressing the security needs of intermodal
transportation.
(I) Transportation modal security plans
described in paragraph (1)(B), including
operational recovery plans to expedite, to the
maximum extent practicable, the return to
operation of an adversely affected
transportation system following a major
terrorist attack on that system or other
incident. These plans shall be coordinated with
the resumption of trade protocols required
under section 202 of the SAFE Port Act (6
U.S.C. 942) and the National Maritime
Transportation Security Plan required under
section 70103(a) of title 46.
(4) Submissions of plans to Congress.--
(A) Initial strategy.--The Secretary of
Homeland Security shall submit the National
Strategy for Transportation Security, including
the transportation modal security plans,
developed under this subsection to the
appropriate congressional committees not later
than April 1, 2005.
(B) Subsequent versions.--After December 31,
2005, the Secretary of Homeland Security shall
submit the National Strategy for Transportation
Security, including the transportation modal
security plans and any revisions to the
National Strategy for Transportation Security
and the transportation modal security plans, to
appropriate congressional committees not less
frequently than April 1 of each even-numbered
year.
(C) Periodic progress report.--
(i) Requirement for report.--Each
year, in conjunction with the
submission of the budget to Congress
under section 1105(a) of title 31,
United States Code, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees an
assessment of the progress made on
implementing the National Strategy for
Transportation Security, including the
transportation modal security plans.
(ii) Content.--Each progress report
submitted under this subparagraph shall
include, at a minimum, the following:
(I) Recommendations for
improving and implementing the
National Strategy for
Transportation Security and the
transportation modal and
intermodal security plans that
the Secretary of Homeland
Security, in consultation with
the Secretary of
Transportation, considers
appropriate.
(II) An accounting of all
grants for transportation
security, including grants and
contracts for research and
development, awarded by the
Secretary of Homeland Security
in the most recent fiscal year
and a description of how such
grants accomplished the goals
of the National Strategy for
Transportation Security.
(III) An accounting of all--
(aa) funds requested
in the President's
budget submitted
pursuant to section
1105 of title 31 for
the most recent fiscal
year for transportation
security, by mode;
(bb) personnel
working on
transportation security
by mode, including the
number of contractors;
and
(cc) information on
the turnover in the
previous year among
senior staff of the
Department of Homeland
Security, including
component agencies,
working on
transportation security
issues. Such
information shall
include the number of
employees who have
permanently left the
office, agency, or area
in which they worked,
and the amount of time
that they worked for
the Department.
(iii) Written explanation of
transportation security activities not
delineated in the National Strategy for
Transportation Security.--At the end of
each fiscal year, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees a
written explanation of any Federal
transportation security activity that
is inconsistent with the National
Strategy for Transportation Security,
including the amount of funds to be
expended for the activity and the
number of personnel involved.
(D) Classified material.--Any part of the
National Strategy for Transportation Security
or the transportation modal security plans that
involve information that is properly classified
under criteria established by Executive order
shall be submitted to the appropriate
congressional committees separately in a
classified format.
(E) Appropriate congressional committees
defined.--In this subsection, the term
``appropriate congressional committees'' means
the Committee on Transportation and
Infrastructure and the Committee on Homeland
Security of the House of Representatives and
the Committee on Commerce, Science, and
Transportation, the Committee on Homeland
Security and Governmental Affairs, and the
Committee on Banking, Housing, and Urban
Affairs of the Senate.
(5) Priority status.--
(A) In general.--The National Strategy for
Transportation Security shall be the governing
document for Federal transportation security
efforts.
(B) Other plans and reports.--The National
Strategy for Transportation Security shall
include, as an integral part or as an
appendix--
(i) the current National Maritime
Transportation Security Plan under
section 70103 of title 46;
(ii) the report required by section
44938 of this title;
(iii) transportation modal security
plans required under this section;
(iv) the transportation sector
specific plan required under Homeland
Security Presidential Directive-7; and
(v) any other transportation security
plan or report that the Secretary of
Homeland Security determines
appropriate for inclusion.
(6) Coordination.--In carrying out the
responsibilities under this section, the Secretary of
Homeland Security, in coordination with the Secretary
of Transportation, shall consult, as appropriate, with
Federal, State, and local agencies, tribal governments,
private sector entities (including nonprofit employee
labor organizations), institutions of higher learning,
and other entities.
(7) Plan distribution.--The Secretary of Homeland
Security shall make available and appropriately
publicize an unclassified version of the National
Strategy for Transportation Security, including its
component transportation modal security plans, to
Federal, State, regional, local and tribal authorities,
transportation system owners or operators, private
sector stakeholders, including nonprofit employee labor
organizations representing transportation employees,
institutions of higher learning, and other appropriate
entities.
(u) Transportation Security Information Sharing Plan.--
(1) Definitions.--In this subsection:
(A) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' has the meaning given that term in
subsection (s)(4)(E).
(B) Plan.--The term ``Plan'' means the
Transportation Security Information Sharing
Plan established under paragraph (2).
(C) Public and private stakeholders.--The
term ``public and private stakeholders'' means
Federal, State, and local agencies, tribal
governments, and appropriate private entities,
including nonprofit employee labor
organizations representing transportation
employees.
(D) Secretary.--The term ``Secretary'' means
the Secretary of Homeland Security.
(E) Transportation security information.--The
term ``transportation security information''
means information relating to the risks to
transportation modes, including aviation,
public transportation, railroad, ferry,
highway, maritime, pipeline, and over-the-road
bus transportation, and may include specific
and general intelligence products, as
appropriate.
(2) Establishment of plan.--The Secretary of Homeland
Security, in consultation with the program manager of
the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), the Secretary of
Transportation, and public and private stakeholders,
shall establish a Transportation Security Information
Sharing Plan. In establishing the Plan, the Secretary
shall gather input on the development of the Plan from
private and public stakeholders and the program manager
of the information sharing environment established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485).
(3) Purpose of Plan.--The Plan shall promote sharing
of transportation security information between the
Department of Homeland Security and public and private
stakeholders.
(4) Content of Plan.--The Plan shall include--
(A) a description of how intelligence
analysts within the Department of Homeland
Security will coordinate their activities
within the Department and with other Federal,
State, and local agencies, and tribal
governments, including coordination with
existing modal information sharing centers and
the center described in section 1410 of the
Implementing Recommendations of the 9/11
Commission Act of 2007;
(B) the establishment of a point of contact,
which may be a single point of contact within
the Department of Homeland Security, for each
mode of transportation for the sharing of
transportation security information with public
and private stakeholders, including an
explanation and justification to the
appropriate congressional committees if the
point of contact established pursuant to this
subparagraph differs from the agency within the
Department that has the primary authority, or
has been delegated such authority by the
Secretary, to regulate the security of that
transportation mode;
(C) a reasonable deadline by which the Plan
will be implemented; and
(D) a description of resource needs for
fulfilling the Plan.
(5) Coordination with information sharing.--The Plan
shall be--
(A) implemented in coordination, as
appropriate, with the program manager for the
information sharing environment established
under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485); and
(B) consistent with the establishment of the
information sharing environment and any
policies, guidelines, procedures, instructions,
or standards established by the President or
the program manager for the implementation and
management of the information sharing
environment.
(6) Reports to Congress.--
(A) In general.--Not later than 150 days
after the date of enactment of this subsection,
and annually thereafter, the Secretary shall
submit to the appropriate congressional
committees, a report containing the Plan.
(B) Annual report.--Not later than 1 year
after the date of enactment of this subsection,
the Secretary shall submit to the appropriate
congressional committees a report on updates to
and the implementation of the Plan.
(7) Security clearances.--The Secretary shall, to the
greatest extent practicable, take steps to expedite the
security clearances needed for designated public and
private stakeholders to receive and obtain access to
classified information distributed under this section,
as appropriate.
(8) Classification of material.--The Secretary, to
the greatest extent practicable, shall provide
designated public and private stakeholders with
transportation security information in an unclassified
format.
(v) Enforcement of Regulations and Orders of the Secretary of
Homeland Security.--
(1) Application of subsection.--
(A) In general.--This subsection applies to
the enforcement of regulations prescribed, and
orders issued, by the Secretary of Homeland
Security under a provision of chapter 701 of
title 46 and under a provision of this title
other than a provision of chapter 449 (in this
subsection referred to as an ``applicable
provision of this title'').
(B) Violations of chapter 449.--The penalties
for violations of regulations prescribed and
orders issued by the Secretary of Homeland
Security under chapter 449 of this title are
provided under chapter 463 of this title.
(C) Nonapplication to certain violations.--
(i) Paragraphs (2) through (5) do not
apply to violations of regulations
prescribed, and orders issued, by the
Secretary of Homeland Security under a
provision of this title--
(I) involving the
transportation of personnel or
shipments of materials by
contractors where the
Department of Defense has
assumed control and
responsibility;
(II) by a member of the armed
forces of the United States
when performing official
duties; or
(III) by a civilian employee
of the Department of Defense
when performing official
duties.
(ii) Violations described in
subclause (I), (II), or (III) of clause
(i) shall be subject to penalties as
determined by the Secretary of Defense
or the Secretary's designee.
(2) Civil penalty.--
(A) In general.--A person is liable to the
United States Government for a civil penalty of
not more than $10,000 for a violation of a
regulation prescribed, or order issued, by the
Secretary of Homeland Security under an
applicable provision of this title.
(B) Repeat violations.--A separate violation
occurs under this paragraph for each day the
violation continues.
(3) Administrative imposition of civil penalties.--
(A) In general.--The Secretary of Homeland
Security may impose a civil penalty for a
violation of a regulation prescribed, or order
issued, under an applicable provision of this
title. The Secretary shall give written notice
of the finding of a violation and the penalty.
(B) Scope of civil action.--In a civil action
to collect a civil penalty imposed by the
Secretary under this subsection, a court may
not re-examine issues of liability or the
amount of the penalty.
(C) Jurisdiction.--The district courts of the
United States shall have exclusive jurisdiction
of civil actions to collect a civil penalty
imposed by the Secretary under this subsection
if--
(i) the amount in controversy is more
than--
(I) $400,000, if the
violation was committed by a
person other than an individual
or small business concern; or
(II) $50,000 if the violation
was committed by an individual
or small business concern;
(ii) the action is in rem or another
action in rem based on the same
violation has been brought; or
(iii) another action has been brought
for an injunction based on the same
violation.
(D) Maximum penalty.--The maximum civil
penalty the Secretary administratively may
impose under this paragraph is--
(i) $400,000, if the violation was
committed by a person other than an
individual or small business concern;
or
(ii) $50,000, if the violation was
committed by an individual or small
business concern.
(E) Notice and opportunity to request
hearing.--Before imposing a penalty under this
section the Secretary shall provide to the
person against whom the penalty is to be
imposed--
(i) written notice of the proposed
penalty; and
(ii) the opportunity to request a
hearing on the proposed penalty, if the
Secretary receives the request not
later than 30 days after the date on
which the person receives notice.
(4) Compromise and setoff.--
(A) The Secretary may compromise the amount
of a civil penalty imposed under this
subsection.
(B) The Government may deduct the amount of a
civil penalty imposed or compromised under this
subsection from amounts it owes the person
liable for the penalty.
(5) Investigations and proceedings.--Chapter 461
shall apply to investigations and proceedings brought
under this subsection to the same extent that it
applies to investigations and proceedings brought with
respect to aviation security duties designated to be
carried out by the Secretary.
(6) Definitions.--In this subsection:
(A) Person.--The term ``person'' does not
include--
(i) the United States Postal Service;
or
(ii) the Department of Defense.
(B) Small business concern.--The term ``small
business concern'' has the meaning given that
term in section 3 of the Small Business Act (15
U.S.C. 632).
(7) Enforcement transparency.--
(A) In general.--Not later than December 31,
2008, and annually thereafter, the Secretary
shall--
(i) provide an annual summary to the
public of all enforcement actions taken
by the Secretary under this subsection;
and
(ii) include in each such summary the
docket number of each enforcement
action, the type of alleged violation,
the penalty or penalties proposed, and
the final assessment amount of each
penalty.
(B) Electronic availability.--Each summary
under this paragraph shall be made available to
the public by electronic means.
(C) Relationship to the Freedom of
Information Act and the Privacy Act.--Nothing
in this subsection shall be construed to
require disclosure of information or records
that are exempt from disclosure under sections
552 or 552a of title 5.
(D) Enforcement guidance.--Not later than 180
days after the enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, the Secretary shall provide a report to
the public describing the enforcement process
established under this subsection.
(w) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Homeland Security for--
(1) railroad security--
(A) $488,000,000 for fiscal year 2008;
(B) $483,000,000 for fiscal year 2009;
(C) $508,000,000 for fiscal year 2010; and
(D) $508,000,000 for fiscal year 2011;
(2) over-the-road bus and trucking security--
(A) $14,000,000 for fiscal year 2008;
(B) $27,000,000 for fiscal year 2009;
(C) $27,000,000 for fiscal year 2010; and
(D) $27,000,000 for fiscal year 2011; and
(3) hazardous material and pipeline security--
(A) $12,000,000 for fiscal year 2008;
(B) $12,000,000 for fiscal year 2009; and
(C) $12,000,000 for fiscal year 2010.
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