SEC. 212. SECURITY SCREENING OF INDIVIDUALS WITH 
METAL IMPLANTS TRAVELING IN AIR TRANS-
PORTATION. 
(a) IN GENERAL.—Section 44903 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(m) SECURITY SCREENING OF INDIVIDUALS WITH 
METAL
IMPLANTS
TRAVELING
IN
AIR
TRANSPOR-
TATION.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall carry out a program to ensure fair treatment 
in the screening of individuals with metal implants 
traveling in air transportation. 
‘‘(2) PLAN.—Not later than 6 months after the 
date of enactment of the Transportation Security 
Administration Authorization Act, the Assistant Sec-
retary shall submit a plan to the Committee on 
Homeland Security of the House of Representatives 
for improving security screening procedures for indi-
viduals with metal implants to limit disruptions in 
the screening process while maintaining security. 
The plan shall include an analysis of approaches to 
limit such disruptions for individuals with metal im-
plants, and benchmarks for implementing changes to 
the screening process and the establishment of a cre-
dential or system that incorporates biometric tech-
nology and other applicable technologies to verify the 
identity of an individual who has a metal implant. 
‘‘(3) PROGRAM.—Not later than 12 months 
after the date of enactment of the Transportation 
Security Administration Authorization Act, the As-
sistant Secretary shall implement a program to im-
prove security screening procedures for individuals 
with metal implants to limit disruptions in the 
screening process while maintaining security, includ-
ing a credential or system that incorporates biomet-
ric technology or other applicable technologies to 
verify the identity of an individual who has a metal 
implant. 
‘‘(4) METAL IMPLANT DEFINED.—In this para-
graph, the term ‘metal implant’ means a metal de-
vice or object that has been surgically implanted or 
otherwise placed in the body of an individual, includ-
ing any metal device used in a hip or knee replace-
ment, metal plate, metal screw, metal rod inside a 
bone, and other metal orthopedic implants.’’. 
(b) EFFECTIVE DATE.—Not later than 180 days 
after the date of enactment of the Transportation Security 
Administration Authorization Act, the Secretary of Home-
land Security shall submit the plan for security screening 
procedures for individuals with metal implants, as re-
quired by section 44903(m) of title 49, United States 
Code. 
SEC. 213. PROHIBITION ON OUTSOURCING. 
Section 44903(j)(2)(C) of title 49, United States 
Code, is amended by adding at the end the following new 
clause: 
‘‘(v) OUTSOURCING
PROHIBITED.— 
Upon implementation of the advanced pas-
senger prescreening system required by 
this section, the Assistant Secretary shall 
prohibit any non-governmental entity from 
administering the function of comparing 
passenger information to the automatic se-
lectee and no fly lists, consolidated and in-
tegrated terrorist watchlists, or any list or 
database derived from such watchlists for 
activities related to aviation security. The 
Assistant Secretary shall report to the 
Committee on Homeland Security of the 
House of Representatives and the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate when any non-gov-
ernmental entity is authorized access to 
the watchlists described in this clause.’’.
SEC. 214. KNOWN AIR TRAVELER CREDENTIAL. 
(a) ESTABLISHMENT.—Section 44903(h) of title 49, 
United States Code, is amended— 
(1) by redesignating paragraph (7) as para-
graph (8); and 
(2) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) KNOWN
AIR
TRAVELER
CREDENTIAL.— 
Not later than 6 months after the date of enactment 
of the Transportation Security Administration Au-
thorization Act, the Assistant Secretary shall— 
‘‘(A) establish a known air traveler creden-
tial that incorporates biometric identifier tech-
nology; 
‘‘(B) establish a process by which the cre-
dential will be used to verify the identity of 
known air travelers and allow them to bypass 
airport passenger and carry-on baggage screen-
ing; 
‘‘(C) establish procedures— 
‘‘(i) to ensure that only known air 
travelers are issued the known air traveler 
credential; 
‘‘(ii) to resolve failures to enroll, false 
matches, and false nonmatches relating to
use of the known air traveler credential; 
and 
‘‘(iii) to invalidate any known air trav-
eler credential that is lost, stolen, or no 
longer authorized for use; 
‘‘(D) begin issuance of the known air trav-
eler credential to each known air traveler that 
applies for a credential; and 
‘‘(E) take such other actions with respect 
to the known air traveler credential as the As-
sistant Secretary considers appropriate.’’. 
(b) KNOWN
AIR
TRAVELER
DEFINED.—Section 
44903(h)(8) of such title (as redesignated by subsection 
(a) of this section) is amended— 
(1) by redesignating subparagraph (F) as sub-
paragraph (G); and 
(2) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) KNOWN AIR TRAVELER.—The term 
‘known air traveler’ means a United States cit-
izen who— 
‘‘(i) has received a security clearance 
from the Federal Government;
‘‘(ii) is a Federal Aviation Adminis-
tration certificated pilot, flight crew mem-
ber, or cabin crew member; 
‘‘(iii) is a Federal, State, local, tribal, 
or territorial government law enforcement 
officer not covered by paragraph (6); 
‘‘(iv) is a member of the armed forces 
(as defined by section 101 of title 10) who 
has received a security clearance from the 
Federal Government; or 
‘‘(v) the Assistant Secretary deter-
mines has appropriate security qualifica-
tions for inclusion under this subpara-
graph.’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out the amendments made by this sec-
tion. 
SEC. 215. LIMITATIONS ON USE OF WHOLE-BODY IMAGING 
TECHNOLOGY FOR AIRCRAFT PASSENGER 
SCREENING. 
Section 44901 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(l) LIMITATIONS ON USE OF WHOLE-BODY IMAG-
ING TECHNOLOGY FOR SCREENING PASSENGERS.—
‘‘(1) IN GENERAL.—The Assistant Secretary of 
Homeland Security (Transportation Security Admin-
istration) shall ensure that whole-body imaging tech-
nology is used for the screening of passengers under 
this section only in accordance with this subsection. 
‘‘(2) PROHIBITION
ON
USE
FOR
ROUTINE 
SCREENING.—Whole-body imaging technology may 
not be used as the sole or primary method of screen-
ing a passenger under this section. Whole-body im-
aging technology may not be used to screen a pas-
senger under this section unless another method of 
screening, such as metal detection, demonstrates 
cause for preventing such passenger from boarding 
an aircraft. 
‘‘(3) PROVISION
OF
INFORMATION.—A pas-
senger for whom screening by whole-body imaging 
technology is permissible under paragraph (2) shall 
be provided information on the operation of such 
technology, on the image generated by such tech-
nology, on privacy policies relating to such tech-
nology, and on the right to request a pat-down 
search under paragraph (4) prior to the utilization 
of such technology with respect to such passenger. 
‘‘(4) PAT-DOWN SEARCH OPTION.—A passenger 
for whom screening by whole-body imaging tech-
‘‘(A) PAT-DOWN SEARCH.—The term ‘pat- 
down search’ means a physical inspection of the 
body of an aircraft passenger conducted in ac-
cordance with the Transportation Security Ad-
ministration’s standard operating procedure as 
described in the Transportation Security Ad-
ministration’s official training manual. 
‘‘(B) 
WHOLE-BODY
IMAGING
TECH-
NOLOGY.—The term ‘whole-body imaging tech-
nology’ means a device, including a device using 
backscatter x-rays or millimeter waves, used to 
detect objects carried on individuals and that 
creates a visual image of the individual’s full 
body, showing the surface of the skin and re-
vealing objects that are on the body.’’. 
Subtitle B—Other Matters 
SEC. 221. SECURITY RISK ASSESSMENT OF AIRPORT PERIM-
ETER ACCESS CONTROLS. 
(a) IN GENERAL.—The Assistant Secretary shall de-
velop a strategic risk-based plan to improve transportation 
security at airports that includes best practices to make 
airport perimeter access controls more secure at all com-
mercial service and general aviation airports. 
(b) CONTENTS.—The plan shall—
(1) incorporate best practices for enhanced pe-
rimeter access controls; 
(2) evaluate and incorporate major findings of 
all relevant pilot programs of the Transportation Se-
curity Administration; 
(3) address recommendations of the Comp-
troller General on perimeter access controls; 
(4) include a requirement that airports update 
their security plans to incorporate the best practices, 
as appropriate, based on risk and adapt the best 
practices to meet the needs specific to their facilities; 
and 
(5) include an assessment of the role of new 
and emerging technologies, including unmanned and 
autonomous perimeter security technologies, that 
could be utilized at both commercial and general 
aviation facilities. 
SEC. 222. ADVANCED PASSENGER PRESCREENING SYSTEM. 
(a) INITIAL REPORT.—Not later than 90 days after 
the date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
that—
(1) describes the progress made by the Depart-
ment of Homeland Security in implementing the ad-
vanced passenger prescreening system; 
(2) compares the total number of misidentified 
passengers who must undergo secondary screening 
or have been prevented from boarding a plane dur-
ing the 3-month period beginning 90 days before the 
date of enactment of the Transportation Security 
Administration Authorization Act with the 3-month 
period beginning 90 days after such date; and 
(3) includes any other relevant recommenda-
tions that the Inspector General of the Department 
of Homeland Security or the Comptroller General 
determines appropriate. 
(b) SUBSEQUENT REPORTS.—The Comptroller Gen-
eral shall submit subsequent reports on the implementa-
tion to such Committees every 90 days thereafter until the 
implementation is complete. 
SEC. 223. BIOMETRIC IDENTIFIER AIRPORT ACCESS EN-
HANCEMENT DEMONSTRATION PROGRAM. 
(a) IN GENERAL.—The Assistant Secretary shall 
carry out a demonstration program under which biometric 
identifier access systems for individuals with unescorted 
access to secure or sterile areas of an airport, including 
airport employees and flight crews, are evaluated for the
purposes of enhancing transportation security at airports 
and to determine how airports can implement uniform bio-
metric identifier and interoperable security systems. 
(b) AIRPORTS PARTICIPATING IN PROGRAM.—The 
Assistant Secretary shall select at least 7 airports, includ-
ing at least 2 large airports, to participate in the dem-
onstration program. 
(c) INITIATION AND DURATION OF PROGRAM.— 
(1) DEADLINE FOR INITIATION.—The Assistant 
Secretary shall conduct the demonstration program 
not later than one year after the date of enactment 
of this Act. 
(2) DURATION.—The program shall have a du-
ration of not less than 180 days and not more than 
one year. 
(d) REQUIRED ELEMENTS.—In conducting the dem-
onstration program, the Assistant Secretary shall— 
(1) assess best operational, administrative, and 
management practices in creating uniform, stand-
ards-based, and interoperable biometric identifier 
systems for all individuals with access to secure or 
sterile areas of commercial service airports; and 
(2) conduct a risk-based analysis of the selected 
airports and other airports, as the Assistant Sec-
retary determines appropriate, to identify where the
implementation of biometric identifier systems could 
benefit security. 
(e) CONSIDERATIONS.—In conducting the demonstra-
tion program, the Assistant Secretary shall consider, at 
a minimum, the following: 
(1) PARALLEL SYSTEMS.—Existing parallel bio-
metric transportation security systems applicable to 
workers with unescorted access to transportation 
systems, including— 
(A) transportation worker identification 
credentials issued under section 70105 of title 
46, United States Code; 
(B) armed law enforcement travel creden-
tials issued under section 44903(h)(6) of title 
49, United States Code; and 
(C) other credential and biometric identi-
fier systems used by the Federal Government, 
as the Assistant Secretary considers appro-
priate. 
(2) EFFORTS BY TRANSPORTATION SECURITY 
ADMINISTRATION.—Any biometric identifier system 
or proposals developed by the Assistant Secretary. 
(3) INFRASTRUCTURE
AND
TECHNICAL
RE-
QUIREMENTS.—The architecture, modules, inter-
faces, and transmission of data needed for airport 
security operations. 
(4) 
EXISTING
AIRPORT
SYSTEMS.— 
Credentialing and access control systems in use in 
secure and sterile areas of airports. 
(5) ASSOCIATED COSTS.—The costs of imple-
menting uniform, standards-based, and interoperable 
biometric identifier systems at airports, including— 
(A) the costs to airport operators, airport 
workers, air carriers, and other aviation indus-
try stakeholders; and 
(B) the costs associated with ongoing oper-
ations and maintenance and modifications and 
enhancements needed to support changes in 
physical and electronic infrastructure. 
(6) INFORMATION
FROM
OTHER
SOURCES.— 
Recommendations, guidance, and information from 
other sources, including the Inspector General of the 
Department of Homeland Security, the Comptroller 
General, the heads of other governmental entities, 
organizations representing airport workers, and pri-
vate individuals and organizations. 
(f) IDENTIFICATION OF BEST PRACTICES.—In con-
ducting the demonstration program, the Assistant Sec-
retary shall identify best practices for the administration
(i) REPORT TO CONGRESS.—Not later than 180 days 
after the last day of that demonstration program ends, 
the Assistant Secretary shall submit to the appropriate 
congressional committees, including the Committee on 
Homeland Security of the House of Representatives, a re-
port on the results of the demonstration program. The re-
port shall include possible incentives for airports that vol-
untarily seek to implement uniform, standards-based, and 
interoperable biometric identifier systems. 
(j) BIOMETRIC IDENTIFIER SYSTEM DEFINED.—In 
this section, the term ‘‘biometric identifier system’’ means 
a system that uses biometric identifier information to 
match individuals and confirm identity for transportation 
security and other purposes. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—From 
amounts authorized under section 101, there is authorized 
to be appropriated a total of $20,000,000 to carry out this 
section for fiscal years 2010 and 2011. 
SEC. 224. TRANSPORTATION SECURITY TRAINING PRO-
GRAMS. 
Not later than one year after the date of enactment 
of this Act, the Assistant Secretary shall establish recur-
ring training of transportation security officers regarding 
updates to screening procedures and technologies in re-
sponse to weaknesses identified in covert tests at airports. 
The training shall include— 
(1) internal controls for monitoring and docu-
menting compliance of transportation security offi-
cers with training requirements; 
(2) the availability of high-speed Internet and 
Intranet connectivity to all airport training facilities 
of the Administration; and 
(3) such other matters as identified by the As-
sistant Secretary with regard to training. 
SEC. 225. DEPLOYMENT OF TECHNOLOGY APPROVED BY 
SCIENCE AND TECHNOLOGY DIRECTORATE. 
(a) IN GENERAL.—The Assistant Secretary, in con-
sultation with the Directorate of Science and Technology 
of the Department of Homeland Security, shall develop 
and submit to the appropriate committees of Congress, in-
cluding the Committee on Homeland Security of the 
House of Representatives, a strategic plan for the certifi-
cation and integration of technologies for transportation 
security with high approval or testing results from the Di-
rectorate and the Transportation Security Laboratory of 
the Department. 
(b) CONTENTS OF STRATEGIC PLAN.—The strategic 
plan developed under subsection (a) shall include—
(1) 
a 
cost-benefit 
analysis 
to 
assist 
in 
prioritizing investments in new checkpoint screening 
technologies that compare the costs and benefits of 
screening technologies being considered for develop-
ment or acquisition with the costs and benefits of 
other viable alternatives; 
(2) quantifiable performance measures to assess 
the extent to which investments in research, develop-
ment, and deployment of checkpoint screening tech-
nologies achieve performance goals for enhancing se-
curity at airport passenger checkpoints; and 
(3) a method to ensure that operational tests 
and evaluations have been successfully completed in 
an operational environment before deploying check-
point screening technologies to airport checkpoints. 
(c) REPORT TO CONGRESS.— 
(1) IN
GENERAL.—The Assistant Secretary 
shall submit to the appropriate committees of Con-
gress, including the Committee on Homeland Secu-
rity of the House of Representatives, an annual re-
port on the status of all technologies that have un-
dergone testing and evaluation, including tech-
nologies that have been certified by the Department, 
and any technologies used in a demonstration pro-
gram administered by the Administration. The re-
port shall also specify whether the technology was 
submitted by an academic institution, including an 
institution of higher education eligible to receive as-
sistance under title III or V of the Higher Education 
Act of 1965 (20 U.S.C. 1051 et seq. and 1101 et 
seq.) 
(2) FIRST REPORT.—The first report submitted 
under this subsection shall assess such technologies 
for a period of not less than 2 years. 
SEC. 226. IN-LINE BAGGAGE SCREENING STUDY. 
The Assistant Secretary shall consult with the Advi-
sory Committee and report to the appropriate committees 
of Congress, including the Committee on Homeland Secu-
rity of the House of Representatives, on deploying optimal 
baggage screening solutions and replacing baggage screen-
ing equipment nearing the end of its life cycle at commer-
cial service airports. Specifically, the report shall address 
the Administration’s plans, estimated costs, and current 
benchmarks for replacing explosive detection equipment 
that is nearing the end of its life cycle. 
SEC. 227. IN-LINE CHECKED BAGGAGE SCREENING SYS-
TEMS. 
(a) FINDINGS.—Congress finds the following: 
(1) Since its inception, the Administration has 
procured and installed over 2,000 explosive detection
systems (referred to in this section as ‘‘EDS’’) and 
8,000 explosive trace detection (referred to in this 
section as ‘‘ETD’’) systems to screen checked bag-
gage for explosives at the Nation’s commercial air-
ports. 
(2) Initial deployment of stand-alone EDS ma-
chines in airport lobbies resulted in operational inef-
ficiencies and security risks as compared to using 
EDS machines integrated in-line with airport bag-
gage conveyor systems. 
(3) The Administration has acknowledged the 
advantages of fully integrating in-line checked bag-
gage EDS systems, especially at large airports. Ac-
cording to the Administration, in-line EDS systems 
have proven to be cost-effective and more accurate 
at detecting dangerous items. 
(4) As a result of the large upfront capital in-
vestment required, these systems have not been de-
ployed on a wide-scale basis. The Administration es-
timates that installing and operating the optimal 
checked baggage screening systems could potentially 
cost more than $20,000,000,000 over 20 years. 
(5) Nearly $2,000,000,000 has been appro-
priated for the installation of in-line explosive detec-
tion systems, including necessary baggage handling 
system improvements, since 2007. 
(6) Despite substantial funding, the Adminis-
tration has made limited progress in deploying opti-
mal screening solutions, including in-line systems, to 
250 airports identified in its February 2006 stra-
tegic planning framework. 
(b) GAO REPORT.—The Comptroller General shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the Administration’s progress in deploying optimal bag-
gage screening solutions and replacing aging baggage 
screening equipment at the Nation’s commercial airports. 
The report shall also include an analysis of the Adminis-
tration’s methodology for expending public funds to deploy 
in-line explosive detection systems since 2007. The report 
shall address, at a minimum— 
(1) the Administration’s progress in deploying 
optimal screening solutions at the Nation’s largest 
commercial airports, including resources obligated 
and expended through fiscal year 2009; 
(2) the potential benefits and challenges associ-
ated with the deployment of optimal screening solu-
tions at the Nation’s commercial airports; and
(3) the Administration’s plans, estimated costs, 
and current milestones for replacing EDS machines 
that are nearing the end of their estimated useful 
product lives. 
(c) UPDATES REQUIRED.—Not later than 6 months 
after submitting the report required in subsection (b) and 
every 6 months thereafter until the funds appropriated for 
such systems are expended, the Comptroller General shall 
provide the Committee on Homeland Security of the 
House of Representatives an update regarding its analysis 
of the Administration’s expenditures for explosive detec-
tion and in-line baggage systems. 
SEC. 228. IG REPORT ON CERTAIN POLICIES FOR FEDERAL 
AIR MARSHALS. 
Not later than 120 days after the date of enactment 
of this Act, the Inspector General of the Department of 
Homeland Security shall review the minimum standards 
and policies regarding rest periods between deployments 
and any other standards or policies applicable to Federal 
air marshals reporting to duty. After such review, the In-
spector General shall make any recommendations to such 
standards and policies the Inspector General considers 
necessary to ensure an alert and responsible workforce of 
Federal air marshals.
SEC. 229. EXPLOSIVES DETECTION CANINE TEAMS MIN-
IMUM FOR AVIATION SECURITY. 
(a) AVIATION SECURITY.—The Assistant Secretary 
shall ensure that the number of explosives detection canine 
teams for aviation security is not less than 250 through 
fiscal year 2011. 
(b) CARGO SCREENING.—The Secretary shall in-
crease the number of canine detection teams, as of the 
date of enactment of this Act, deployed for the purpose 
of meeting the 100 percent air cargo screening require-
ment set forth in section 44901(g) of title 49, United 
States Code, by not less than 100 canine teams through 
fiscal year 2011. 
SEC. 230. ASSESSMENTS AND GAO REPORT OF INBOUND 
AIR CARGO SCREENING. 
Section 1602 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (121 Stat. 478) is 
amended by inserting at the end the following: 
‘‘(c) ASSESSMENT
OF
INBOUND
COMPLIANCE.— 
Upon establishment of the inbound air cargo screening 
system, the Assistant Secretary shall submit a report to 
the Committee on Homeland Security in the House of 
Representatives on the impact, rationale, and percentage 
of air cargo being exempted from screening under exemp-
tions granted under section 44901(i)(1) of title 49, United 
States Code.
‘‘(d) GAO REPORT.—Not later than 120 days after 
the date of enactment of this Act and quarterly thereafter, 
the Comptroller General shall review the air cargo screen-
ing system for inbound passenger aircraft and report to 
the Committee on Homeland Security in the House of 
Representatives on the status of implementation, including 
the approximate percentage of cargo being screened, as 
well as the Administration’s methods to verify the screen-
ing system’s implementation.’’. 
SEC. 231. STATUS OF EFFORTS TO PROMOTE AIR CARGO 
SHIPPER CERTIFICATION. 
Not later than 180 days after the date of enactment 
of this Act, the Assistant Secretary shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the status 
of the implementation of the Administration’s plan to pro-
mote a program to certify the screening methods used by 
shippers in a timely manner, in accordance with section 
44901(g) of title 49, United States Code, including par-
ticipation by shippers with robust and mature internal se-
curity programs.
SEC. 232. FULL AND OPEN COMPETITION IN SECURITY 
BACKGROUND SCREENING SERVICE. 
Not later than 9 months after the date of enactment 
of this section, the Secretary shall publish in the Federal 
Register a notice that the selection process for security 
background screening services for persons requiring back-
ground screening in the aviation industry is subject to full 
and open competition. The notice shall include— 
(1) a statement that airports and other affected 
entities are not required to use a single service pro-
vider of background screening services and may use 
the services of other providers approved by the As-
sistant Secretary; 
(2) any requirements for disposal of personally 
identifiable information by the approved provider by 
a date certain; and 
(3) information on all technical specifications 
and other criteria required by the Assistant Sec-
retary to approve a background screening service 
provider. 
SEC. 233. TRUSTED PASSENGER/REGISTERED TRAVELER 
PROGRAM. 
(a) ASSESSMENTS AND BACKGROUND CHECKS.— 
(1) IN
GENERAL.—Subject to paragraph (2) 
and not later than 120 days after the date of enact-
ment of this Act, to enhance aviation security
through risk management at airport checkpoints 
through use of a trusted passenger program, com-
monly referred to as the Registered Traveler pro-
gram, established pursuant to section 109(a)(3) of 
the Aviation Transportation Security Act (115 Stat. 
597), the Assistant Secretary shall— 
(A) reinstate an initial and continuous se-
curity threat assessment program as part of the 
Registered Traveler enrollment process; and 
(B) allow Registered Traveler providers to 
perform private sector background checks as 
part of their enrollment process with assurance 
that the program shall be undertaken in a man-
ner consistent with constitutional privacy and 
civil liberties protections and be subject to ap-
proval and oversight by the Assistant Secretary. 
(2) REQUIREMENTS.—The Assistant Secretary 
shall not reinstate the threat assessment component 
of the Registered Traveler program or allow certain 
background checks unless the Assistant Secretary— 
(A) determines that the Registered Trav-
eler program, in accordance with this sub-
section, is integrated into risk-based aviation 
security operations; and
(B) expedites checkpoint screening, as ap-
propriate, for Registered Traveler members who 
have been subjected to a security threat assess-
ment and the private sector background check 
under this subsection. 
(b) NOTIFICATION.— 
(1) CONTENTS.—Not later than 180 days after 
the date of enactment of this Act, if the Assistant 
Secretary determines that the Registered Traveler 
program can be integrated into risk-based aviation 
security operations under subsection (a), the Assist-
ant Secretary shall report to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate regarding— 
(A) the level of risk reduction provided by 
carrying out section (a); and 
(B) how the Registered Traveler program 
has been integrated into risk-based aviation se-
curity operations. 
(2) CHANGES
TO
PROTOCOL.—The Assistant 
Secretary shall also set forth what changes to the 
program, including screening protocols, have been 
implemented to realize the full potential of the Reg-
istered Traveler program.
(c) TREATMENT OF INDIVIDUALS WITH TOP SECRET 
SECURITY CLEARANCES.—Not later than 180 days after 
the date of enactment of this Act, the Assistant Secretary 
shall establish protocols to— 
(1) verify the identity of United States citizens 
who participate in the Registered Traveler program 
and possess a valid top secret security clearance 
granted by the Federal Government; and 
(2) allow alternative screening procedures for 
individuals described in paragraph (1), including 
random, risk-based screening determined necessary 
to respond to a specific threat to security identified 
pursuant to a security threat assessment. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to authorize any nongovernmental 
entity to perform vetting against the terrorist screening 
database maintained by the Administration. 
SEC. 234. REPORT ON CABIN CREW COMMUNICATION. 
Not later than one year after the date of enactment 
of this Act, the Assistant Secretary, in consultation with 
the Advisory Committee established under section 44946 
of title 49, United States Code, shall prepare a report that 
assesses technologies and includes standards for the use 
of wireless devices to enhance transportation security on 
aircraft for the purpose of ensuring communication be-
tween and among cabin crew and pilot crewmembers, em-
barked Federal air marshals, and authorized law enforce-
ment officials, as appropriate. 
SEC. 235. AIR CARGO CREW TRAINING. 
The Assistant Secretary, in consultation with the Ad-
visory Committee established under section 44946 of title 
49, United States Code, shall develop a plan for security 
training for the all-cargo aviation threats for pilots and, 
as appropriate, other crewmembers operating in all-cargo 
transportation. 
SEC. 236. REIMBURSEMENT FOR AIRPORTS THAT HAVE IN-
CURRED ELIGIBLE COSTS. 
(a) PROCESS.—Section 1604(b)(2) of the Imple-
menting Recommendations of the 9/11 Commission Act of 
2007 (121 Stat. 481) is amended to read as follows: 
‘‘(2) AIRPORTS THAT HAVE INCURRED ELIGI-
BLE COSTS.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date of enactment of the Trans-
portation Security Administration Authorization 
Act, the Assistant Secretary of Homeland Secu-
rity (Transportation Security Administration) 
shall establish a process for resolving reim-
bursement claims for airports that have in-
curred, before the date of enactment of this
Act, eligible costs associated with development 
of partial or completed in-line baggage systems. 
‘‘(B) PROCESS
FOR
RECEIVING
REIM-
BURSEMENT.—The process shall allow an air-
port— 
‘‘(i) to submit a claim to the Assistant 
Secretary for reimbursement for eligible 
costs described in subparagraph (A); and 
‘‘(ii) not later than 180 days after 
date on which the airport submits the 
claim, to receive a determination on the 
claim and, if the determination is positive, 
to be reimbursed. 
‘‘(C) REPORT.—Not later than 60 days 
after the date on which the Assistant Secretary 
establishes the process under subparagraph (B), 
the Assistant Secretary shall submit to the 
Committee on Homeland Security of the House 
of Representatives a report containing a de-
scription of the process, including a schedule 
for the timely reimbursement of airports for 
which a positive determination has been 
made.’’. 
(b) REIMBURSEMENTS OF AIRPORTS FOR ELIGIBLE 
COSTS REIMBURSED AT LESS THAN 90 PERCENT.—If the
Secretary or Assistant Secretary reimbursed, after August 
3, 2007, an airport that incurred an amount for eligible 
costs under section 44923 of title 49, United States Code, 
that was less than 90 percent of such costs, the Secretary 
or Assistant Secretary shall reimburse such airport under 
such section an amount equal to the difference for such 
eligible costs. 
SEC. 237. REPORT ON WHOLE BODY IMAGING TECH-
NOLOGY. 
Upon completion of the ongoing whole body imaging 
technology pilot, the Assistant Secretary shall submit a 
report to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on the 
results of the pilot, including how privacy protections were 
integrated. 
SEC. 238. PROTECTIVE EQUIPMENT. 
(a) USE OF PERSONAL PROTECTIVE EQUIPMENT.— 
(1) IN GENERAL.—Any personnel of the Trans-
portation Security Administration voluntarily may 
wear personal protective equipment during any 
emergency. 
(2) WRITTEN GUIDANCE.—Not later than 90 
days after the date of enactment of this Act, the 
Secretary of Homeland Security shall establish, co-
ordinate, and disseminate written guidance to per-
sonnel of the Transportation Security Administra-
tion to allow for the voluntary usage of personal pro-
tective equipment. 
(3) DEFINITION.—In this subsection, the term 
‘‘personal protective equipment’’ includes surgical 
and N95 masks, gloves, and hand sanitizer. 
(b) DEFINITION.—In this section the term ‘‘protec-
tive equipment’’ includes surgical masks and N95 masks. 
SEC. 239. SECURITY SCREENING FOR MEMBERS OF THE 
ARMED FORCES. 
(a) IN GENERAL.—Section 44903 of title 49, United 
States Code (as amended by this Act), is further amended 
by adding at the end the following: 
‘‘(n) SECURITY SCREENING FOR MEMBERS OF THE 
ARMED FORCES.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall develop and implement a plan to provide expe-
dited security screening services for a member of the 
Armed Forces, and any accompanying family mem-
ber, when the member of the Armed Forces is trav-
eling on official orders while in uniform through a 
primary airport (as defined by section 47102). 
‘‘(2) PROTOCOLS.—In developing the plan, the 
Assistant Secretary shall consider—
‘‘(A) leveraging existing security screening 
models used by airports and air carriers to re-
duce passenger wait times before entering a se-
curity screening checkpoint; 
‘‘(B) establishing standard guidelines for 
the screening of military uniform items, includ-
ing combat boots; and 
‘‘(C) incorporating any new screening pro-
tocols into an existing trusted passenger pro-
gram, as established pursuant to section 
109(a)(3) of the Aviation and Transportation 
Security Act (115 Stat. 613), or into the devel-
opment of any new credential or system that in-
corporates biometric technology and other appli-
cable technologies to verify the identity of indi-
viduals traveling in air transportation. 
‘‘(3) REPORT
TO
CONGRESS.—The Assistant 
Secretary shall submit to the appropriate committees 
of Congress a report on the implementation of the 
plan.’’. 
(b) EFFECTIVE DATE.—Not later than one year after 
the date of enactment of this Act, the Assistant Secretary 
shall establish the plan required by the amendment made 
by subsection (a).
SEC. 240. REPORT ON COMPLAINTS AND CLAIMS FOR LOSS 
OF PROPERTY FROM PASSENGER BAGGAGE. 
Not later than six months after the date of enactment 
of this Act, the Assistant Secretary shall report to the 
Committee on Homeland Security of the House of Rep-
resentatives on complaints and claims received by the Ad-
ministration for loss of property with respect to passenger 
baggage screened by the Administration, including— 
(1) the number of such claims that are out-
standing; 
(2) the total value of property alleged in such 
outstanding claims to be missing; 
(3) an estimate of the amount of time that will 
be required to resolve all such outstanding claims; 
(4) the amount of Administration resources 
that will be devoted to resolving such outstanding 
claims, including the number of personnel and fund-
ing; and 
(5) efforts that the Administration is making or 
is planning to make to address passenger grievances 
regarding such losses, enhance passenger property 
security, and provide effective oversight of baggage 
screeners and other Administration personnel who 
come in contact with passenger property.
SEC. 241. REPORT ON CERTAIN SECURITY PLAN. 
Not later than 90 days after the date of enactment 
of this Act, the Assistant Secretary shall submit a report 
to the appropriate committees of Congress that— 
(1) reviews whether the most recent security 
plans developed by the commercial aviation airports 
in the United States territories meet the security 
concerns described in guidelines and other official 
documents issued by the Transportation Security 
Administration pertaining to parts 1544 and 1546 
of title 49, Code of Federal Regulations, particularly 
with regard to the commingling of passengers; 
(2) makes recommendations regarding best 
practices supported by the Transportation Security 
Administration and any adequate alternatives that 
address the problems or benefits of commingling 
passengers at such airports to satisfy the concerns 
described in paragraph (1); 
(3) reviews the potential costs of implementing 
the preferred and alternative methods to address the 
Administration concerns regarding parts 1544 and 
1546 of title 49, Code of Federal Regulations, par-
ticularly in regards to the commingling of pas-
sengers at the airport; and
(4) identifies funding sources, including grant 
programs, to implement improved security methods 
at such airports. 
SEC. 242. STUDY ON COMBINATION OF FACIAL AND IRIS 
RECOGNITION. 
(a) STUDY REQUIRED.—The Assistant Secretary 
shall carry out a study on the use of the combination of 
facial and iris recognition to rapidly identify individuals 
in security checkpoint lines. Such study shall focus on— 
(1) increased accuracy of facial recognition; 
(2) enhancement of existing iris recognition 
technology; and 
(3) establishment of integrated face and iris 
features for accurate identification of individuals. 
(b) PURPOSE OF STUDY.—The purpose of the study 
required by subsection (a) is to facilitate the use of a com-
bination of facial and iris recognition to provide a higher 
probability of success in identification than either ap-
proach on its own and to achieve transformational ad-
vances in the flexibility, authenticity, and overall capability 
of integrated biometric detectors and satisfy one of major 
issues with war against terrorists. The operational goal 
of the study should be to provide the capability to non- 
intrusively collect biometrics (face image, iris) in less than
ten seconds without impeding the movement of individ-
uals. 
SEC. 243. ISSUANCE OF REGULATIONS AND SECURITY DI-
RECTIVES USING EMERGENCY PROCEDURES. 
(a) IN GENERAL.—Section 114(l) of title 49, United 
States Code, is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A) by striking ‘‘im-
mediately in order to protect transportation se-
curity’’ and inserting ‘‘in order to respond to an 
imminent threat of finite duration’’; and 
(B) in subparagraph (B) by inserting ‘‘to 
determine if the regulation or security directive 
is needed to respond to an imminent threat of 
finite duration’’ before the period at the end of 
the first sentence; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) FACTORS TO CONSIDER.— 
‘‘(A) IN GENERAL.—In determining wheth-
er to issue, rescind, or revise a regulation or se-
curity directive under this subsection, the 
Under Secretary shall consider, as factors in 
the final determination—
‘‘(i) whether the costs of the regula-
tion or security directive are excessive in 
relation to the enhancement of security the 
regulation or security directive will provide; 
‘‘(ii) whether the regulation or secu-
rity directive will remain effective for more 
than a 90-day period; and 
‘‘(iii) whether the regulation or secu-
rity directive will require revision in the 
subsequent 90-day period. 
‘‘(B) AUTHORITY TO WAIVE CERTAIN RE-
QUIREMENTS.—For purposes of subparagraph 
(A)(i), the Under Secretary may waive require-
ments for an analysis that estimates the num-
ber of lives that will be saved by the regulation 
or security directive and the monetary value of 
such lives if the Under Secretary determines 
that it is not feasible to make such an esti-
mate.’’; and 
(3) by adding at the end the following: 
‘‘(5) RULEMAKING REQUIRED.—Any regulation 
or security directive issued under paragraph (2) that 
remains effective, with or without revision, for a pe-
riod of more than 180 days shall be subject to a
rulemaking pursuant to subchapter II of chapter 5 
of title 5.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a)(3) shall apply to a regulation issued under sec-
tion 114(l)(2) of title 49, United States Code, before, on, 
or after the date of enactment of this Act. 
TITLE III—SURFACE 
TRANSPORTATION SECURITY 
SEC. 301. ASSISTANT SECRETARY DEFINED. 
Section 1301 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1111) is 
amended— 
(1) by redesignating paragraphs (2) through 
(6) as paragraphs (3) through (7), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary of 
Homeland Security (Transportation Security Admin-
istration).’’. 
SEC. 302. SURFACE TRANSPORTATION SECURITY INSPEC-
TION PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) Surface transportation security inspectors 
assist passenger rail stakeholders in identifying secu-
‘‘(3) OFFICERS.— 
‘‘(A) DIRECTOR.—The head of the Office 
shall be the Director, who shall— 
‘‘(i) oversee and coordinate the activi-
ties of the Office, including all officers and 
any corresponding surface transportation 
modes in which the Office carries out such 
activities, and the surface transportation 
security inspectors who assist in such ac-
tivities; and 
‘‘(ii) act as the primary point of con-
tact between the Office and other entities 
that support the Department’s surface 
transportation security mission to ensure 
efficient and appropriate use of surface 
transportation 
security 
inspectors 
and 
maintain strong working relationships with 
surface 
transportation 
security 
stake-
holders. 
‘‘(B) DEPUTY DIRECTOR.—There shall be 
a Deputy Director of the Office, who shall— 
‘‘(i) assist the Director in carrying out 
the responsibilities of the Director under 
this subsection; and
‘‘(ii) serve as acting Director in the 
absence of the Director and during any va-
cancy in the office of Director. 
‘‘(4) APPOINTMENT.— 
‘‘(A) IN
GENERAL.—The Director and 
Deputy Director shall be responsible on a full- 
time basis for the duties and responsibilities de-
scribed in this subsection. 
‘‘(B) CLASSIFICATION.—The position of 
Director shall be considered a position in the 
Senior Executive Service as defined in section 
2101a of title 5, United States Code, and the 
position of Deputy Director shall be considered 
a position classified at grade GS–15 of the Gen-
eral Schedule. 
‘‘(5) LIMITATION.—No person shall serve as an 
officer under subsection (a)(3) while serving in any 
other position in the Federal Government. 
‘‘(6) FIELD OFFICES.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish primary and secondary field of-
fices in the United States to be staffed by sur-
face transportation security inspectors in the 
course of carrying out their duties under this 
section.
‘‘(B) DESIGNATION.—The locations for, 
and designation as ‘primary’ or ‘secondary’ of, 
such field offices shall be determined in a man-
ner that is consistent with the Department’s 
risk-based approach to carrying out its home-
land security mission. 
‘‘(C) COMMAND STRUCTURE.— 
‘‘(i) PRIMARY FIELD OFFICES.—Each 
primary field office shall be led by a chief 
surface transportation security inspector, 
who has significant experience with surface 
transportation systems, facilities, and oper-
ations and shall report directly to the Di-
rector. 
‘‘(ii) SECONDARY
FIELD
OFFICES.— 
Each secondary field office shall be led by 
a senior surface transportation security in-
spector, who shall report directly to the 
chief surface transportation security in-
spector of a geographically appropriate pri-
mary field office, as determined by the Di-
rector. 
‘‘(D) PERSONNEL.—Not later than 18 
months after the date of enactment of the
Transportation Security Administration Author-
ization Act, field offices shall be staffed with— 
‘‘(i) not fewer than 7 surface trans-
portation security inspectors, including one 
chief surface transportation security in-
spector, at every primary field office; and 
‘‘(ii) not fewer than 5 surface trans-
portation security inspectors, including one 
senior surface transportation security in-
spector, at every secondary field office.’’. 
(c) NUMBER OF INSPECTORS.—Section 1304(e) of 
such Act (6 U.S.C. 1113(e)), as redesignated by sub-
section (b) of this section, is amended to read as follows: 
‘‘(e) NUMBER OF INSPECTORS.—Subject to the avail-
ability of appropriations, the Secretary shall hire not fewer 
than— 
‘‘(1) 200 additional surface transportation secu-
rity inspectors in fiscal year 2010; and 
‘‘(2) 100 additional surface transportation secu-
rity inspectors in fiscal year 2011.’’. 
(d) COORDINATION.—Section 1304(f) of such Act (6 
U.S.C. 1113(f)), as redesignated by subsection (b) of this 
section, is amended by striking ‘‘114(t)’’ and inserting 
‘‘114(s)’’.
(e) REPORT.—Section 1304(h) of such Act (6 U.S.C. 
1113(h)), as redesignated by subsection (b) of this section, 
is amended by striking ‘‘2008’’ and inserting ‘‘2011’’. 
(f) PLAN.—Section 1304(i) of such Act (6 U.S.C. 
1113(i)), as redesignated by subsection (b) of this section, 
is amended to read as follows: 
‘‘(i) PLAN.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Transportation 
Security Administration Authorization Act, the Sec-
retary shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a plan for expanding the duties 
and leveraging the expertise of surface transpor-
tation security inspectors to further support the De-
partment’s surface transportation security mission. 
‘‘(2) CONTENTS.—The plan shall include— 
‘‘(A) an analysis of how surface transpor-
tation security inspectors could be used to con-
duct oversight activities with respect to surface 
transportation security projects funded by rel-
evant grant programs administered by the De-
partment;
SEC. 303. VISIBLE INTERMODAL PREVENTION AND RE-
SPONSE TEAMS. 
Section 1303 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is 
amended— 
(1) in subsection (a) by striking ‘‘Administrator 
of the Transportation Security Administration,’’ and 
inserting ‘‘Assistant Secretary,’’; 
(2) in subsection (a)(4) by striking ‘‘team,’’ and 
inserting ‘‘team as to specific locations and times 
within their facilities at which VIPR teams should 
be deployed to maximize the effectiveness of such de-
ployment and other matters,’’; and 
(3) by striking subsection (b) and inserting the 
following: 
‘‘(b) PERFORMANCE MEASURES.—Not later than one 
year after the date of enactment of the Transportation Se-
curity Administration Authorization Act, the Secretary 
shall develop and implement a system of qualitative per-
formance 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 listed in subsection 
(a)(4) may submit feedback on VIPR team operations in-
volving their systems or facilities.
‘‘(c) PLAN.—Not later than one year after the date 
of enactment of the Transportation Security Administra-
tion Authorization Act, the Secretary shall develop and 
implement a plan for ensuring the interoperability of com-
munications among all participating VIPR team compo-
nents as designated under subsection (a)(1) and between 
VIPR teams and any relevant transportation entities as 
designated in subsection (a)(4) whose systems or facilities 
are involved in VIPR team operations, including an anal-
ysis of the costs and resources required to carry out the 
plan. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—From 
amounts made available under section 101 of the Trans-
portation Security Administration Authorization Act, 
there are authorized to be appropriated to the Secretary 
to carry out this section such sums as may be necessary 
for fiscal years 2010 and 2011.’’. 
SEC. 304. SURFACE TRANSPORTATION SECURITY STAKE-
HOLDER PARTICIPATION. 
(a) IN GENERAL.—Title XIII of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1111 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE. 
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish in the Transportation Security Ad-
ministration an advisory committee, to be known as 
the Transit Security Advisory Committee (in this 
section referred to as the ‘Advisory Committee’), to 
assist the Assistant Secretary with issues pertaining 
to surface transportation security. 
‘‘(2) RECOMMENDATIONS.— 
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary shall require the Advisory Committee to 
develop recommendations for improvements to 
surface transportation security planning, meth-
ods, equipment, and processes. 
‘‘(B) PRIORITY
ISSUES.—Not later than 
one year after the date of enactment of the 
Transportation Security Administration Author-
ization Act, the Advisory Committee shall sub-
mit to the Assistant Secretary recommendations 
on— 
‘‘(i) improving homeland security in-
formation sharing between components of 
the Department of Homeland Security and 
surface 
transportation 
security 
stake-
holders, including those represented on the 
Advisory Committee; and
‘‘(ii) streamlining or consolidating re-
dundant security background checks re-
quired by the Department under relevant 
statutes governing surface transportation 
security, as well as redundant security 
background checks required by States 
where there is no legitimate homeland se-
curity basis for requiring such checks. 
‘‘(3) MEETINGS.—The Assistant Secretary shall 
require the Advisory Committee to meet at least 
semiannually and may convene additional meetings 
as necessary. 
‘‘(4) UNPAID
POSITION.—Advisory Committee 
Members shall serve at their own expense and re-
ceive no salary, reimbursement for travel expenses, 
or other compensation from the Federal Govern-
ment. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall ensure that the Advisory Committee is com-
posed of not more than one individual representing 
not more than 27 member organizations, including 
representatives from public transportation agencies, 
passenger rail agencies or operators, railroad car-
riers, motor carriers, owners or operators of high-
ways, over-the-road bus operators and terminal own-
ers and operators, pipeline operators, labor organiza-
tions representing employees of such entities, and 
the surface transportation security technology indus-
try. 
‘‘(2) APPOINTMENTS.—Members shall be ap-
pointed by the Assistant Secretary and the Assistant 
Secretary shall have the discretion to review the par-
ticipation of any Advisory Committee member and 
remove for cause at any time. 
‘‘(c) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Advisory Committee under this section. 
‘‘(d) PASSENGER
CARRIER
SECURITY
WORKING 
GROUP.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish within the Advisory Committee a pas-
senger carrier security working group to provide rec-
ommendations for successful implementation of ini-
tiatives relating to passenger rail, over-the-road bus, 
and public transportation security proposed by the 
Transportation Security Administration in accord-
ance with statutory requirements, including relevant 
grant programs and security training provisions.