Transportation Security Transparency Improvement Act

I 116TH CONGRESS 2D SESSION H. R. 5670 To improve the understanding and clarity of Transportation Security Administration policies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 24, 2020 Mr. BISHOP of North Carolina introduced the following bill; which was referred to the Committee on Homeland Security A BILL 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Transportation Secu- 4 rity Transparency Improvement Act’’. 5 SEC. 2. SENSITIVE SECURITY INFORMATION; INTER- 6 NATIONAL AVIATION SECURITY. 7 (a) SENSITIVE SECURITY INFORMATION.— 8 (1) IN GENERAL.—Not later than 90 days after 9 the date of the enactment of this Act, the Adminis- 10 VerDate Sep 11 2014 23:42 Jan 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5670.IH H5670 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 5670 IH trator of the Transportation Security Administration 1 (TSA) shall— 2 (A) ensure clear and consistent designation 3 of ‘‘Sensitive Security Information’’, including 4 reasonable security justifications for such des- 5 ignation; 6 (B) develop and implement a schedule to 7 regularly review and update, as necessary, TSA 8 Sensitive Security Information Identification 9 guidelines; 10 (C) develop a tracking mechanism for all 11 Sensitive Security Information redaction and 12 designation challenges; 13 (D) document justifications for changes in 14 position regarding Sensitive Security Informa- 15 tion redactions and designations, and make 16 such changes accessible to TSA personnel for 17 use with relevant stakeholders, including air 18 carriers, airport operators, surface transpor- 19 tation operators, and State and local law en- 20 forcement, as necessary; and 21 (E) ensure that TSA personnel are ade- 22 quately trained on appropriate designation poli- 23 cies. 24 VerDate Sep 11 2014 23:42 Jan 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5670.IH H5670 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 5670 IH (2) STAKEHOLDER OUTREACH.—Not later than 1 180 days after the date of the enactment of this Act, 2 the Administrator of the Transportation Security 3 Administration (TSA) shall conduct outreach to rel- 4 evant stakeholders described in paragraph (1)(D) 5 that regularly are granted access to Sensitive Secu- 6 rity Information to raise awareness of the TSA’s 7 policies and guidelines governing the designation and 8 use of Sensitive Security Information. 9 (b) INTERNATIONAL AVIATION SECURITY.— 10 (1) IN GENERAL.—Not later than 60 days after 11 the date of the enactment of this Act, the Adminis- 12 trator of the Transportation Security Administration 13 shall develop and implement guidelines with respect 14 to last point of departure airports to— 15 (A) ensure the inclusion, as appropriate, of 16 air carriers and other transportation security 17 stakeholders in the development and implemen- 18 tation of security directives and emergency 19 amendments; 20 (B) document input provided by air car- 21 riers and other transportation security stake- 22 holders during the security directive and emer- 23 gency amendment, development, and implemen- 24 tation processes; 25 VerDate Sep 11 2014 23:42 Jan 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5670.IH H5670 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 5670 IH (C) define a process, including time 1 frames, and with the inclusion of feedback from 2 air carriers and other transportation security 3 stakeholders, for cancelling or incorporating se- 4 curity directives and emergency amendments 5 into security programs; 6 (D) conduct engagement with foreign part- 7 ners on the implementation of security direc- 8 tives and emergency amendments, as appro- 9 priate, including recognition if existing security 10 measures at a last point of departure airport 11 are found to provide commensurate security as 12 intended by potential new security directives 13 and emergency amendments; and 14 (E) ensure that new security directives and 15 emergency amendments are focused on defined 16 security outcomes. 17 (2) BRIEFING TO CONGRESS.—Not later than 18 90 days after the date of the enactment of this Act, 19 the Administrator of the Transportation Security 20 Administration shall brief the Committee on Home- 21 land Security of the House of Representatives and 22 the Committee on Commerce, Science, and Trans- 23 portation of the Senate on the guidelines described 24 in paragraph (1). 25 VerDate Sep 11 2014 20:16 Jan 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5670.IH H5670 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 5670 IH (3) DECISIONS NOT SUBJECT TO JUDICIAL RE- 1 VIEW.—Notwithstanding any other provision of law, 2 any action of the Administrator of the Transpor- 3 tation Security Administration under paragraph (1) 4 is not subject to judicial review. 5 Æ VerDate Sep 11 2014 23:42 Jan 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H5670.IH H5670 kjohnson on DSK79L0C42PROD with BILLS