USC Subchapter II

USC Subchapter II
in effect

6 U.S.C. § 1111 Definitions

For purposes of this subchapter, the following terms apply: (1) Appropriate congressional committeesThe term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives. (2) DepartmentThe term “Department” means the Department of Homeland Security. (3) SecretaryThe term “Secretary” means the Secretary of Homeland Security. (4) StateThe term “State” means any one of the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (5) TerrorismThe term “terrorism” has the meaning that term has in section 101 of this title. (6) United StatesThe term “United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.

6 U.S.C. § 1112 Authorization of Visible Intermodal Prevention and Response teams

(a) In generalThe Secretary, acting through the Administrator of the Transportation Security Administration, may develop Visible Intermodal Prevention and Response (referred to in this section as “VIPR”) teams to augment the security of any mode of transportation at any location within the United States. In forming a VIPR team, the Secretary—(1) may use any asset of the Department, including Federal air marshals, surface transportation security inspectors, canine detection teams, and advanced screening technology; (2) may determine when a VIPR team shall be deployed, as well as the duration of the deployment; (3) shall, prior to and during the deployment, consult with local security and law enforcement officials in the jurisdiction where the VIPR team is or will be deployed, to develop and agree upon the appropriate operational protocols and provide relevant information about the mission of the VIPR team, as appropriate; (4) shall, prior to and during the deployment, consult with all transportation entities directly affected by the deployment of a VIPR team as to specific locations and times within the facilities of such entities at which VIPR teams are to be deployed to maximize the effectiveness of such deployment, as appropriate, including railroad carriers, air carriers, airport owners, over-the-road bus operators and terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, port operators and facility owners, vessel owners and operators and pipeline operators; and (5) shall require, as appropriate based on risk, in the case of a VIPR team deployed to an airport, that the VIPR team conduct operations—(A) in the sterile area and any other areas to which only individuals issued security credentials have unescorted access; and (B) in nonsterile areas. (b) Performance measuresNot later than 1 year after October 5, 2018, the Administrator shall develop and implement a system of qualitative performance measures and objectives by which to assess the roles, activities, and effectiveness of VIPR team operations on an ongoing basis, including a mechanism through which the transportation entities referred to in subsection (a)(4) may submit feedback on VIPR team operations involving their systems or facilities. (c) PlanNot later than 1 year after October 5, 2018, the Administrator shall develop and implement a plan for ensuring the interoperability of communications among VIPR team participants and between VIPR teams and any transportation entities with systems or facilities that are involved in VIPR team operations. Such plan shall include an analysis of the costs and resources required to carry out such plan.

6 U.S.C. § 1113 Surface transportation security inspectors

(a) In generalThe Secretary, acting through the Administrator of the Transportation Security Administration, is authorized to train, employ, and utilize surface transportation security inspectors. (b) MissionThe Secretary shall use surface transportation security inspectors to assist surface transportation carriers, operators, owners, entities, and facilities to enhance their security against terrorist attack and other security threats and to assist the Secretary in enforcing applicable surface transportation security regulations and directives. (c) AuthoritiesSurface transportation security inspectors employed pursuant to this section shall be authorized such powers and delegated such responsibilities as the Secretary determines appropriate, subject to subsection (e). (d) RequirementsThe Secretary shall require that surface transportation security inspectors have relevant transportation experience and other security and inspection qualifications, as determined appropriate. (e) Limitations(1) InspectorsSurface transportation inspectors shall be prohibited from issuing fines to public transportation agencies, as defined in subchapter III, for violations of the Department’s regulations or orders except through the process described in paragraph (2). (2) Civil penaltiesThe Secretary shall be prohibited from assessing civil penalties against public transportation agencies, as defined in subchapter III, for violations of the Department’s regulations or orders, except in accordance with the following:(A) In the case of a public transportation agency that is found to be in violation of a regulation or order issued by the Secretary, the Secretary shall seek correction of the violation through a written notice to the public transportation agency and shall give the public transportation agency reasonable opportunity to correct the violation or propose an alternative means of compliance acceptable to the Secretary. (B) If the public transportation agency does not correct the violation or propose an alternative means of compliance acceptable to the Secretary within a reasonable time period that is specified in the written notice, the Secretary may take any action authorized in section 114 of title 49. (3) Limitation on SecretaryThe Secretary shall not initiate civil enforcement actions for violations of administrative and procedural requirements pertaining to the application for, and expenditure of, funds awarded under transportation security grant programs under this Act. (f) Number of inspectorsThe Secretary shall employ up to a total of—(1) 100 surface transportation security inspectors in fiscal year 2007; (2) 150 surface transportation security inspectors in fiscal year 2008; (3) 175 surface transportation security inspectors in fiscal year 2009; and (4) 200 surface transportation security inspectors in fiscal years 2010 and 2011. (g) CoordinationThe Secretary shall ensure that the mission of the surface transportation security inspectors is consistent with any relevant risk assessments required by this Act or completed by the Department, the modal plans required under section 114(t) 11 See References in Text note below. of title 49, the Memorandum of Understanding between the Department and the Department of Transportation on Roles and Responsibilities, dated September 28, 2004, and any and all subsequent annexes to this Memorandum of Understanding, and other relevant documents setting forth the Department’s transportation security strategy, as appropriate. (h) ConsultationThe Secretary shall periodically consult with the surface transportation entities which are or may be inspected by the surface transportation security inspectors, including, as appropriate, railroad carriers, over-the-road bus operators and terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, and pipeline operators on—(1) the inspectors’ duties, responsibilities, authorities, and mission; and (2) strategies to improve transportation security and to ensure compliance with transportation security requirements. (i) ReportNot later than September 30, 2008, the Department of Homeland Security Inspector General shall transmit a report to the appropriate congressional committees on the performance and effectiveness of surface transportation security inspectors, whether there is a need for additional inspectors, and other recommendations. (j) Authorization of appropriationsThere are authorized to be appropriated to the Secretary to carry out this section—(1) $11,400,000 for fiscal year 2007; (2) $17,100,000 for fiscal year 2008; (3) $19,950,000 for fiscal year 2009; (4) $22,800,000 for fiscal year 2010; and (5) $22,800,000 for fiscal year 2011.

6 U.S.C. § 1114 Surface transportation security technology information sharing

(a) In general(1) Information sharingThe Secretary, in consultation with the Secretary of Transportation, shall establish a program to provide appropriate information that the Department has gathered or developed on the performance, use, and testing of technologies that may be used to enhance railroad, public transportation, and surface transportation security to surface transportation entities, including railroad carriers, over-the-road bus operators and terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, pipeline operators, and State, local, and tribal governments that provide security assistance to such entities. (2) Designation of qualified antiterrorism technologiesThe Secretary shall include in such information provided in paragraph (1) whether the technology is designated as a qualified antiterrorism technology under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (Public Law 107–296) [6 U.S.C. 441 et seq.], as appropriate. (b) PurposeThe purpose of the program is to assist eligible grant recipients under this Act and others, as appropriate, to purchase and use the best technology and equipment available to meet the security needs of the Nation’s surface transportation system. (c) CoordinationThe Secretary shall ensure that the program established under this section makes use of and is consistent with other Department technology testing, information sharing, evaluation, and standards-setting programs, as appropriate.

6 U.S.C. § 1115 TSA personnel limitations

Any statutory limitation on the number of employees in the Transportation Security Administration does not apply to employees carrying out this chapter.

6 U.S.C. § 1116 National explosives detection canine team training program

(a) DefinitionsFor purposes of this section, the term “explosives detection canine team” means a canine and a canine handler that are trained to detect explosives, radiological materials, chemical, nuclear or biological weapons, or other threats as defined by the Secretary. (b) In general(1) Increased capacityNot later than 180 days after August 3, 2007, the Secretary of Homeland Security shall—(A) begin to increase the number of explosives detection canine teams certified by the Transportation Security Administration for the purposes of transportation-related security by up to 200 canine teams annually by the end of 2010; and (B) encourage State, local, and tribal governments and private owners of high-risk transportation facilities to strengthen security through the use of highly trained explosives detection canine teams. (2) Explosives detection canine teamsThe Secretary of Homeland Security shall increase the number of explosives detection canine teams by—(A) using the Transportation Security Administration’s National Explosives Detection Canine Team Training Center, including expanding and upgrading existing facilities, procuring and breeding additional canines, and increasing staffing and oversight commensurate with the increased training and deployment capabilities; (B) partnering with other Federal, State, or local agencies, nonprofit organizations, universities, or the private sector to increase the training capacity for canine detection teams; (C) procuring explosives detection canines trained by nonprofit organizations, universities, or the private sector provided they are trained in a manner consistent with the standards and requirements developed pursuant to subsection (c) or other criteria developed by the Secretary; or (D) a combination of subparagraphs (A), (B), and (C), as appropriate. (c) Standards for explosives detection canine teams(1) In generalBased on the feasibility in meeting the ongoing demand for quality explosives detection canine teams, the Secretary shall establish criteria, including canine training curricula, performance standards, and other requirements approved by the Transportation Security Administration necessary to ensure that explosives detection canine teams trained by nonprofit organizations, universities, and private sector entities are adequately trained and maintained. (2) ExpansionIn developing and implementing such curriculum, performance standards, and other requirements, the Secretary shall—(A) coordinate with key stakeholders, including international, Federal, State, and local officials, and private sector and academic entities to develop best practice guidelines for such a standardized program, as appropriate; (B) require that explosives detection canine teams trained by nonprofit organizations, universities, or private sector entities that are used or made available by the Secretary be trained consistent with specific training criteria developed by the Secretary; and (C) review the status of the private sector programs on at least an annual basis to ensure compliance with training curricula, performance standards, and other requirements. (d) DeploymentThe Secretary shall—(1) use the additional explosives detection canine teams as part of the Department’s efforts to strengthen security across the Nation’s transportation network, and may use the canine teams on a more limited basis to support other homeland security missions, as determined appropriate by the Secretary; (2) make available explosives detection canine teams to all modes of transportation, for high-risk areas or to address specific threats, on an as-needed basis and as otherwise determined appropriate by the Secretary; (3) encourage, but not require, any transportation facility or system to deploy TSA-certified explosives detection canine teams developed under this section; and (4) consider specific needs and training requirements for explosives detection canine teams to be deployed across the Nation’s transportation network, including in venues of multiple modes of transportation, as appropriate. (e) Canine procurementThe Secretary, acting through the Administrator of the Transportation Security Administration, shall work to ensure that explosives detection canine teams are procured as efficiently as possible and at the best price, while maintaining the needed level of quality, including, if appropriate, through increased domestic breeding. (f) StudyNot later than 1 year after August 3, 2007, the Comptroller General shall report to the appropriate congressional committees on the utilization of explosives detection canine teams to strengthen security and the capacity of the national explosive detection canine team program. (g) AuthorizationThere are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section for fiscal years 2007 through 2011. (h) Third party canine teams for air cargo security(1) In generalIn order to enhance the screening of air cargo and ensure that third party explosives detection canine assets are leveraged for such purpose, the Administrator shall, not later than 180 days after October 5, 2018—(A) develop and issue standards for the use of such third party explosives detection canine assets for the primary screening of air cargo; (B) develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards established by the Administrator under subparagraph (A); (C) ensure that entities qualified to certify canine assets shall be independent from entities that will train and provide canines to end users of such canine assets; (D) establish a system of Transportation Security Administration audits of the process developed under subparagraph (B); and (E) provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers. (2) ImplementationBeginning on the date that the development of the process under paragraph (1)(B) is complete, the Administrator shall—(A) facilitate the deployment of such assets that meet the certification standards of the Administration, as determined by the Administrator; (B) make such standards available to vendors seeking to train and deploy third party explosives detection canine assets; and (C) ensure that all costs for the training and certification of canines, and for the use of supplied canines, are borne by private industry and not the Federal Government. (3) DefinitionsIn this subsection:(A) Air carrierThe term “air carrier” has the meaning given the term in section 40102 of title 49. (B) Foreign air carrierThe term “foreign air carrier” has the meaning given the term in section 40102 of title 49. (C) Third party explosives detection canine assetThe term “third party explosives detection canine asset” means any explosives detection canine or handler not owned or employed, respectively, by the Transportation Security Administration.

6 U.S.C. § 1117 Roles of the Department of Homeland Security and the Department of Transportation

The Secretary of Homeland Security is the principal Federal official responsible for transportation security. The roles and responsibilities of the Department of Homeland Security and the Department of Transportation in carrying out this chapter are the roles and responsibilities of such Departments pursuant to the Aviation and Transportation Security Act (Public Law 107–71); the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458); the National Infrastructure Protection Plan required by Homeland Security Presidential Directive–7; The 11 So in original. Probably should not be capitalized. Homeland Security Act of 2002 [6 U.S.C. 101 et seq.]; The 1 National Response Plan; Executive Order No. 13416: Strengthening Surface Transportation Security, dated December 5, 2006; the Memorandum of Understanding between the Department and the Department of Transportation on Roles and Responsibilities, dated September 28, 2004, and any and all subsequent annexes to this Memorandum of Understanding; and any other relevant agreements between the two Departments.

6 U.S.C. § 1118 Biometrics expansion

(a) In generalThe Administrator and the Commissioner of U.S. Customs and Border Protection shall consult with each other on the deployment of biometric technologies. (b) Rule of constructionNothing in this section shall be construed to permit the Commissioner of U.S. Customs and Border Protection to facilitate or expand the deployment of biometric technologies, or otherwise collect, use, or retain biometrics, not authorized by any provision of or amendment made by the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3638) or the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53; 121 Stat. 266). (c) Report requiredNot later than 270 days after October 5, 2018, the Secretary shall submit to the appropriate committees of Congress, and to any Member of Congress upon the request of that Member, a report that includes specific assessments from the Administrator and the Commissioner of U.S. Customs and Border Protection with respect to the following:(1) The operational and security impact of using biometric technology to identify travelers. (2) The potential effects on privacy of the expansion of the use of biometric technology under paragraph (1), including methods proposed or implemented to mitigate any risks to privacy identified by the Administrator or the Commissioner related to the active or passive collection of biometric data. (3) Methods to analyze and address any matching performance errors related to race, gender, or age identified by the Administrator with respect to the use of biometric technology, including the deployment of facial recognition technology; 11 So in original. The semicolon probably should be a period. (4) With respect to the biometric entry-exit program, the following:(A) Assessments of—(i) the error rates, including the rates of false positives and false negatives, and accuracy of biometric technologies; (ii) the effects of biometric technologies, to ensure that such technologies do not unduly burden categories of travelers, such as a certain race, gender, or nationality; (iii) the extent to which and how biometric technologies could address instances of travelers to the United States overstaying their visas, including—(I) an estimate of how often biometric matches are contained in an existing database; (II) an estimate of the rate at which travelers using fraudulent credentials identifications are accurately rejected; and (III) an assessment of what percentage of the detection of fraudulent identifications could have been accomplished using conventional methods; (iv) the effects on privacy of the use of biometric technologies, including methods to mitigate any risks to privacy identified by the Administrator or the Commissioner of U.S. Customs and Border Protection related to the active or passive collection of biometric data; and (v) the number of individuals who stay in the United States after the expiration of their visas each year. (B) A description of—(i) all audits performed to assess—(I) error rates in the use of biometric technologies; or (II) whether the use of biometric technologies and error rates in the use of such technologies disproportionately affect a certain race, gender, or nationality; and (ii) the results of the audits described in clause (i). (C) A description of the process by which domestic travelers are able to opt-out of scanning using biometric technologies. (D) A description of—(i) what traveler data is collected through scanning using biometric technologies, what agencies have access to such data, and how long the agencies possess such data; (ii) specific actions that the Department and other relevant Federal departments and agencies take to safeguard such data; and (iii) a short-term goal for the prompt deletion of the data of individual United States citizens after such data is used to verify traveler identities. (d) Publication of assessmentsThe Secretary, the Administrator, and the Commissioner shall, if practicable, publish a public version of the assessment required by subsection (c)(2) on the Internet website of the TSA and of the U.S. Customs and Border Protection.

6 U.S.C. § 1119 Voluntary use of credentialing

(a) In generalAn applicable individual who is subject to credentialing or a background investigation may satisfy that requirement by obtaining a valid transportation security card. (b) Issuance of cardsThe Secretary of Homeland Security—(1) shall expand the transportation security card program, consistent with section 70105 of title 46, to allow an applicable individual who is subject to credentialing or a background investigation to apply for a transportation security card; and (2) may charge reasonable fees, in accordance with section 469(a) of this title, for providing the necessary credentialing and background investigation. (c) VettingThe Administrator shall develop and implement a plan to utilize, in addition to any background check required for initial issue, the Federal Bureau of Investigation’s Rap Back Service and other vetting tools as appropriate, including the No-Fly and Selectee lists, to get immediate notification of any criminal activity relating to any person with a valid transportation security card. (d) DefinitionsIn this section:(1) Applicable individual who is subject to credentialing or a background investigationThe term “applicable individual who is subject to credentialing or a background investigation” means only an individual who—(A) because of employment is regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard and is required to have a background records check to obtain a hazardous materials endorsement on a commercial driver’s license issued by a State under section 5103a of title 49; or (B) is required to have a credential and background records check under section 622(d)(2) 11 See References in Text note below. of this title at a facility with activities that are regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard. (2) Valid transportation security cardThe term “valid transportation security card” means a transportation security card that is—(A) issued under section 70105 of title 46; (B) not expired; (C) shows 22 So in original. no signs of tampering; and (D) bears 2 a photograph of the individual representing such card.

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