[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1871 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 1871
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2021
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To improve the understanding and clarity of Transportation Security
Administration policies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Security Transparency
Improvement Act''.
SEC. 2. SENSITIVE SECURITY INFORMATION; INTERNATIONAL AVIATION
SECURITY.
(a) Sensitive Security Information.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall--
(A) ensure clear and consistent designation of
``Sensitive Security Information'', including
reasonable security justifications for such
designation;
(B) develop and implement a schedule to regularly
review and update, as necessary, TSA Sensitive Security
Information Identification guidelines;
(C) develop a tracking mechanism for all Sensitive
Security Information redaction and designation
challenges;
(D) document justifications for changes in position
regarding Sensitive Security Information redactions and
designations, and make such changes accessible to TSA
personnel for use with relevant stakeholders, including
air carriers, airport operators, surface transportation
operators, and State and local law enforcement, as
necessary; and
(E) ensure that TSA personnel are adequately
trained on appropriate designation policies.
(2) Stakeholder outreach.--Not later than 180 days after
the date of the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall conduct
outreach to relevant stakeholders described in paragraph (1)(D)
that regularly are granted access to Sensitive Security
Information to raise awareness of the TSA's policies and
guidelines governing the designation and use of Sensitive
Security Information.
(b) International Aviation Security.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall develop and
implement guidelines with respect to last point of departure
airports to--
(A) ensure the inclusion, as appropriate, of air
carriers and other transportation security stakeholders
in the development and implementation of security
directives and emergency amendments;
(B) document input provided by air carriers and
other transportation security stakeholders during the
security directive and emergency amendment,
development, and implementation processes;
(C) define a process, including time frames, and
with the inclusion of feedback from air carriers and
other transportation security stakeholders, for
cancelling or incorporating security directives and
emergency amendments into security programs;
(D) conduct engagement with foreign partners on the
implementation of security directives and emergency
amendments, as appropriate, including recognition if
existing security measures at a last point of departure
airport are found to provide commensurate security as
intended by potential new security directives and
emergency amendments; and
(E) ensure that new security directives and
emergency amendments are focused on defined security
outcomes.
(2) Briefing to congress.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the
Transportation Security Administration shall brief the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate on the guidelines described in paragraph (1).
(3) Decisions not subject to judicial review.--
Notwithstanding any other provision of law, any action of the
Administrator of the Transportation Security Administration
under paragraph (1) is not subject to judicial review.
Passed the House of Representatives July 20, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.