Transportation Security Administration Authorization Act

On June 4th, the House passed the Transportation Security Administration Authorization Act, H.R. 2200.

Keeping the American people safe is the number-one priority of Congress, and providing resources for the Transportation Security Administration (TSA) – which is responsible for the security of all modes of transportation – is a key component in keeping the American people safe. This bill is part of an overall effort by the Committee on Homeland Security to reauthorize the programs of the Department of Homeland Security (DHS) this year – better matching resources to vulnerabilities throughout our homeland security effort.

This bill is the first reauthorization of TSA since it was created in the Aviation and Transportation Security Act of 2001 (PL 107-71).  (In 2002, TSA was moved into DHS when the Department was created.) The bill authorizes $7.6 billion in FY 2010 and $8.1 billion in FY 2011 for the activities of TSA, including key increases over FY 2009 funding.

Ever since TSA was created in 2001, its focus has been on aviation security.  A key aspect of this legislation is beginning to put surface transportation security on an equal footing with aviation security – with key surface transportation security enhancements.     

Since the attacks of 9/11, events have shown that surface transportation systems are highly vulnerable targets for terrorist attacks.  The terrorist bombings of the commuter trains in Madrid in March 2004 and the London subway and bus systems in July 2005 – killing 191 and 52 people, respectively, and injuring hundreds more – highlight the need for enhanced security for surface transportation. 

This legislation also includes airport security enhancements, security training enhancements, additional resources for explosive detection canine teams, and programs for the development of new security technologies. 

Following is a summary of some of the bill’s key provisions.

Enhancements for Surface Transportation Security

• Triples the funding for surface transportation security from the FY 2009 funding level.
• Authorizes an additional 200 surface transportation security inspectors for FY 2010 and an additional 100 inspectors for FY 2011.
• Establishes the Surface Transportation Security Inspection Office within TSA to train and manage inspectors to conduct and assist with security activities in surface transportation systems.
• Creates a Transit Security Advisory Committee to facilitate stakeholder input to TSA on surface transportation security policy.
• Requires assessments of the effectiveness of technologies to improve tunnel and rail security.
• Increases the number of TSA-certified explosive detection canine teams deployed to protect surface transportation assets to 200 teams by the end of FY 2011.

Enhancements for Aviation Security

• Directs TSA to establish a system for verifying that all air cargo on inbound foreign passenger flights is properly screened.
• Directs TSA to develop a strategic, risk-based plan to enhance security of airport perimeter access controls.
• Prohibits Federal employees and contractors from providing advance notice of covert testing to security screeners.
• Authorizes TSA to reimburse airports for certain security-related expenses.
• Requires the Secretary of Homeland Security to create a general aviation working group to provide feedback and recommendations regarding general aviation concerns.
• Creates a $10 million grant program for improving security measures at general aviation airports based on recommendations from the working group.

Enhancements for Security Training and Performance

• Requires DHS to report on its progress in issuing long overdue regulations for security training in surface transportation modes.
• Directs TSA to develop a process and criteria for approving private third-party providers of security training for use by surface transportation entities that do not provide such training in-house.
• Requires flight attendants to complete five hours of TSA-administered self defense training.
• Establishes a security training program for pilots and other crew operating all-cargo planes.
• Authorizes standing resources for the administration of the Federal Flight Deck Officer program and requires additional training sites for recurring training.
• Creates an Ombudsman for the Federal Air Marshal Service.

Research and Development

• Requires the Secretary of Homeland Security to develop a strategic plan for the certification and integration of transportation security technologies.
• Authorizes new programs to demonstrate the use of biometric technologies in verifying the identities of flight crews, certain airport workers, and law enforcement officers.

Other Provisions

• Requires a report on the use of whole-body imaging technology.
• Extends, by two years (from August 2010 to August 2012), the deadline for putting a system in place for 100% screening of air cargo that originates overseas.  That cargo will still be subject to 100% screening by 2010 as it moves point-to-point through our domestic aviation security system. 
• Requires a review of the TSA’s Registered Traveler Program, which is managed by private industry and promises faster lines at airports in exchange for customers who submit to background checks and pay fees.
• Directs TSA to consult with port owners and operators to give workers waiting on Transportation Worker Identification Credential cards access to secure areas.
• Places a ban on the hiring of private entities to compare passenger information to the no-fly and terrorism watch lists.