Transportation Security Transparency Improvement Act

IIB 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:28 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.RFS H1871 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 1871 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Transportation Secu- 2 rity Transparency Improvement Act’’. 3 SEC. 2. SENSITIVE SECURITY INFORMATION; INTER- 4 NATIONAL AVIATION SECURITY. 5 (a) SENSITIVE SECURITY INFORMATION.— 6 (1) IN GENERAL.—Not later than 90 days after 7 the date of the enactment of this Act, the Adminis- 8 trator of the Transportation Security Administration 9 (TSA) shall— 10 (A) ensure clear and consistent designation 11 of ‘‘Sensitive Security Information’’, including 12 reasonable security justifications for such des- 13 ignation; 14 (B) develop and implement a schedule to 15 regularly review and update, as necessary, TSA 16 Sensitive Security Information Identification 17 guidelines; 18 (C) develop a tracking mechanism for all 19 Sensitive Security Information redaction and 20 designation challenges; 21 (D) document justifications for changes in 22 position regarding Sensitive Security Informa- 23 tion redactions and designations, and make 24 such changes accessible to TSA personnel for 25 use with relevant stakeholders, including air 26 VerDate Sep 11 2014 01:28 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.RFS H1871 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 1871 RFS carriers, airport operators, surface transpor- 1 tation operators, and State and local law en- 2 forcement, as necessary; and 3 (E) ensure that TSA personnel are ade- 4 quately trained on appropriate designation poli- 5 cies. 6 (2) STAKEHOLDER OUTREACH.—Not later than 7 180 days after the date of the enactment of this Act, 8 the Administrator of the Transportation Security 9 Administration (TSA) shall conduct outreach to rel- 10 evant stakeholders described in paragraph (1)(D) 11 that regularly are granted access to Sensitive Secu- 12 rity Information to raise awareness of the TSA’s 13 policies and guidelines governing the designation and 14 use of Sensitive Security Information. 15 (b) INTERNATIONAL AVIATION SECURITY.— 16 (1) IN GENERAL.—Not later than 60 days after 17 the date of the enactment of this Act, the Adminis- 18 trator of the Transportation Security Administration 19 shall develop and implement guidelines with respect 20 to last point of departure airports to— 21 (A) ensure the inclusion, as appropriate, of 22 air carriers and other transportation security 23 stakeholders in the development and implemen- 24 VerDate Sep 11 2014 01:28 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.RFS H1871 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 1871 RFS tation of security directives and emergency 1 amendments; 2 (B) document input provided by air car- 3 riers and other transportation security stake- 4 holders during the security directive and emer- 5 gency amendment, development, and implemen- 6 tation processes; 7 (C) define a process, including time 8 frames, and with the inclusion of feedback from 9 air carriers and other transportation security 10 stakeholders, for cancelling or incorporating se- 11 curity directives and emergency amendments 12 into security programs; 13 (D) conduct engagement with foreign part- 14 ners on the implementation of security direc- 15 tives and emergency amendments, as appro- 16 priate, including recognition if existing security 17 measures at a last point of departure airport 18 are found to provide commensurate security as 19 intended by potential new security directives 20 and emergency amendments; and 21 (E) ensure that new security directives and 22 emergency amendments are focused on defined 23 security outcomes. 24 VerDate Sep 11 2014 01:28 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.RFS H1871 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 1871 RFS (2) BRIEFING TO CONGRESS.—Not later than 1 90 days after the date of the enactment of this Act, 2 the Administrator of the Transportation Security 3 Administration shall brief the Committee on Home- 4 land Security of the House of Representatives and 5 the Committee on Commerce, Science, and Trans- 6 portation of the Senate on the guidelines described 7 in paragraph (1). 8 (3) DECISIONS NOT SUBJECT TO JUDICIAL RE- 9 VIEW.—Notwithstanding any other provision of law, 10 any action of the Administrator of the Transpor- 11 tation Security Administration under paragraph (1) 12 is not subject to judicial review. 13 Passed the House of Representatives July 20, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 01:28 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1871.RFS H1871 pbinns on DSKJLVW7X2PROD with BILLS