[House Report 115-917] [From the U.S. Government Publishing Office] 115th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 115-917 ====================================================================== TSA NATIONAL DEPLOYMENT FORCE ACT _______ September 4, 2018.--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. 6461] [Including cost estimate of the Congressional Budget Office] The Committee on Homeland Security, to whom was referred the bill (H.R. 6461) to amend title 49, United States Code, to establish in the Transportation Security Administration a National Deployment Office, 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.............................................. 2 Background and Need for Legislation.............................. 2 Hearings......................................................... 2 Committee Consideration.......................................... 2 Committee Votes.................................................. 2 Committee Oversight Findings..................................... 2 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..................................... 5 Applicability to Legislative Branch.............................. 5 Section-by-Section Analysis of the Legislation................... 5 Changes in Existing Law Made by the Bill, as Reported............ 6 Purpose and Summary H.R. 6461 codifies and authorizes the National Deployment Force (NDF) within the Transportation Security Administration (TSA). The bill establishes the National Deployment Office and tasks it with managing the NDF, recruiting Transportation Security Officers (TSOs) to participate, and training the TSOs who join the NDF. Finally, H.R. 6461 requires TSA to provide Congress with an annual report on the NDF, including its activities, collaboration with other Department of Homeland Security components, staffing, and recruitment and training activities. Background and Need for Legislation TSA's National Deployment Force (NDF) is a rapid response force of Transportation Security Officers (TSOs) and other TSA employees, based at airports around the country, who can be deployed around the country in support of homeland security operations. TSOs on the NDF typically serve one-year terms. Examples of situations where the NDF has been or could be deployed include National Special Security Events and the aftermath of natural disasters or terrorist attacks. The NDF has also been used to support airports across that country that have experienced hiring shortfalls or require additional personnel due to seasonal demands. H.R. 6461 codifies the NDF to ensure TSA maintains its important rapid response and security capabilities. Hearings The Committee did not hold a legislative hearing on H.R. 6461. However, the Committee held a hearing with Department officials on November 8, 2017, to discuss TSA's role in keeping our transportation systems secure. The Subcommittee on Transportation and Protective Security also held a hearing on April 12, 2018 entitled ``Examining the President's FY 2019 Budget Request for the Transportation Security Administration''. Testimony was heard from David P. Pekoske, Administrator, Transportation Security Administration, Department of Homeland Security; and public witnesses. Committee Consideration The Committee met on July 24, 2018, to consider H.R. 6461, and ordered the measure to be reported to the House with a favorable recommendation, without amendment, by unanimous consent. 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. 6461. 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. 6461, the TSA National Deployment Force Act, 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, August 31, 2018. 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. 6459, the TSA Opportunities to Pursue Expanded Networks for Business Act, and H.R. 6461, the TSA National Deployment Force Act. If you wish further details on these estimates, we will be pleased to provide them. The CBO staff contact is Megan Carroll. Sincerely, Keith Hall, Director. Enclosure. Transportation Security Administration Legislation On July 24, the House Committee on Homeland Security ordered two bills to be reported related to activities of the Transportation Security Administration (TSA):H.R. 6459, the TSA Opportunities to Pursue Expanded Networks for Business Act, would require the agency to develop a strategy for diversifying and encouraging participation of small businesses in the marketplace through which TSA acquires security-related technologies; and H.R. 6461, the TSA National Deployment Force Act, would establish an office responsible for deploying TSA personnel to provide additional security at airports and other locations and to respond to manmade disasters and other situations. Using information from the TSA regarding the costs of similar activities, CBO estimates that neither of those bills would lead to additional federal spending of more then $500,000 annually. (Such spending would be subject to appropriation.) Neither H.R. 6459 nor H.R. 6461 would affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply for either bill. Neither bill would increase net direct spending or on- budget deficits in any of the four consecutive 10-year periods beginning in 2029, CBO estimates. H.R. 6459 and H.R. 6461 contain no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. The CBO staff contact for this estimate is Megan Carroll. The estimate was reviewed by Leo Lex, 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. 6461 contains the following general performance goals and objectives, including outcome related goals and objectives authorized. This legislation establishes a National Deployment Office within the Transportation Security Administration to create and maintain a National Deployment Force, comprised of TSA employees, to be utilized in times of emergency or excessive demand. This bill's goals will be assessed by directing the Administrator of the TSA to submit a report regarding the activities of the National Deployment Office to the Committee on Homeland Security of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate, not later than one year after the date of the enactment of this legislation and annually thereafter for five years. Duplicative Federal Programs Pursuant to clause 3(c) of rule XIII, the Committee finds that H.R. 6461 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. 6461 does not preempt any State, local, or Tribal law. Disclosure of Directed Rule Makings The Committee estimates that H.R. 6461 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 National Deployment Force Act''. Sec. 2. National Deployment Office This section establishes a National Deployment Office (NDO) within the Transportation Security Administration. The head of the National Deployment Office shall be responsible for maintaining a National Deployment Force (NDF) comprised of Transportation Security Officers, who will provide the TSA with rapid and efficient response capabilities. The NDO shall augment homeland security operations, including in the following situations: airports temporarily requiring additional security personnel due to an emergency, seasonal demands, hiring shortfalls, severe weather conditions, passenger volume mitigation, equipment support or other reasons; special events requiring enhanced security determined by the Secretary of Homeland Security, including National Special Security events; response in the aftermath of any manmade disaster, including terrorist attack; and other situations determined by the TSA Administrator. In addition to maintaining the NDF, the head of the NDO is also responsible for educating transportation security officers on ways to participate in the National Deployment Force, recruiting officers to serve on the NDF in accordance with the staffing model developed by the TSA, and selecting and training the officers that serve on the NDF. Sec. 3. Conforming amendment This section makes conforming changes to the United States code. Sec. 4. Career development This section allows for service in the National Deployment Force to serve as a positive factor when evaluating applicants for promotions within TSA. Sec. 5. Annual report This section requires TSA to submit a report to Congress, no later than one year after the enactment of this Act, on the activities of the National Deployment Office and the National Deployment Force. The report will include: when, where, why, how many, and for how long the National Deployment Force was deployed over the past year; the costs associated with the deployments; a description of collaboration between the National Deployment Office and other components of the Department of Homeland Security, other Federal agencies, and State and local transportation security stakeholders; the size of the National Deployment Force; and information on recruitment, appointment, and training activities of the National Deployment Force. 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 italic, and existing law in which no change is proposed is shown in roman): 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. (b) Under Secretary.-- (1) Appointment.--The head of the Administration shall be the Under Secretary of Transportation for Security. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications.--The Under Secretary 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 shall be 5 years. (c) Limitation on Ownership of Stocks and Bonds.--The Under Secretary 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 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 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 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 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 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 foreign air carriers in foreign air transportation; [and] (15) establish and maintain a National Deployment Office as required under section 44947 of this title; and [(15)] (16) carry out such other duties, and exercise such other powers, relating to transportation security as the Under Secretary 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 Under Secretary, 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 shall prescribe. (2) Authority of other departments and agencies.--The authority of the Under Secretary 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 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 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 shall give great weight to the timely views of the National Transportation Safety Board. (j) Acquisitions.-- (1) In general.--The Under Secretary 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 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 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 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 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. (l) Regulations.-- (1) In general.--The Under Secretary 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 determines that a regulation or security directive must be issued immediately in order to protect transportation security, the Under Secretary shall issue the regulation or security directive without providing notice or an opportunity for comment and without prior approval of the Secretary. (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. (3) Factors to consider.--In determining whether to issue, rescind, or revise a regulation under this section, the Under Secretary 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 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 determines that it is not feasible to make such an estimate. (4) Airworthiness objections by FAA.-- (A) In General.--The Under Secretary shall not take an aviation security action under this title if the Administrator of the Federal Aviation Administration notifies the Under Secretary that the action could adversely affect the airworthiness of an aircraft. (B) Review by Secretary.--Notwithstanding subparagraph (A), the Under Secretary may take such an action, after receiving a notification concerning the action from the Administrator under subparagraph (A), if the Secretary of Transportation subsequently approves the action. (m) Personnel and Services; Cooperation by Under Secretary.-- (1) Authority of Under Secretary.--In carrying out the functions of the Administration, the Under Secretary 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 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 may make such modifications to the personnel management system with respect to such employees as the Under Secretary considers appropriate, such as adopting aspects of other personnel systems of the Department of Transportation. (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. (p) Law enforcement powers.-- (1) In general.--The Under Secretary 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, 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 has not complied with the guidelines prescribed in paragraph (3) and conveys the determination in writing to the Secretary of Transportation and the Under Secretary. (q) Authority to Exempt.--The Under Secretary may grant an exemption from a regulation prescribed in carrying out this section if the Under Secretary 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 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 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 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. * * * * * * * SUBTITLE VII--AVIATION PROGRAMS * * * * * * * PART A--AIR COMMERCE AND SAFETY * * * * * * * SUBPART III--SAFETY * * * * * * * CHAPTER 449--SECURITY SUBCHAPTER I--REQUIREMENTS Sec. 44901. Screening passengers and property. * * * * * * * SUBCHAPTER II--ADMINISTRATION AND PERSONNEL * * * * * * * 44947. National Deployment Office. * * * * * * * SUBCHAPTER II--ADMINISTRATION AND PERSONNEL * * * * * * * Sec. 44947. National Deployment Office (a) Establishment.--There is established within the Transportation Security Administration a National Deployment Office, to be headed by an individual with supervisory experience. Such individual shall be designated by the Administrator of the Transportation Security Administration. (b) Duties.--The individual designated as the head of the National Deployment Office shall be responsible for the following: (1) Maintaining a National Deployment Force within the Transportation Security Administration that is comprised of transportation security officers, including supervisory transportation security officers and lead transportation security officers, to provide the Administration with rapid and efficient response capabilities and augment the Department of Homeland Security's homeland security operations to mitigate and reduce risk, including for the following: (A) Airports temporarily requiring additional security personnel due to an emergency, seasonal demands, hiring shortfalls, severe weather conditions, passenger volume mitigation, equipment support, or other reasons. (B) Special events requiring enhanced security including National Special Security Events, as determined by the Secretary of Homeland Security. (C) Response in the aftermath of any manmade disaster, including any terrorist attack. (D) Other such situations, as determined by the Administrator. (2) Educating transportation security officers regarding how to participate in the Administration's National Deployment Force. (3) Recruiting officers to serve on the National Deployment Force, in accordance with a staffing model to be developed by the Administrator. (4) Approving one-year appointments for officers to serve on the National Deployment Force, with an option to extend upon officer request and with the approval of the appropriate Federal Security Director. (5) Training officers to serve on the National Deployment Force. * * * * * * * [all]