(c) DEFINITION.—In this section, the term ‘‘effective 
control’’ means the ability to detect, identify, and prevent 
unlawful entries into the United States, including entries 
by terrorists and other unlawful aliens, instruments of ter-
rorism, narcotics, and other contraband. 
SEC. 405. BORDER SECURITY ON PUBLIC LANDS. 
On public lands of the United States, neither the Sec-
retary of the Interior nor the Secretary of Agriculture may 
impede, prohibit, or restrict activities of the Secretary of 
Homeland Security to achieve operational control (as de-
fined in section 2(b) of the Secure Fence Act of 2006 (8 
U.S.C. 1701 note; Public Law 109–367)). 
SEC. 406. INCREASE IN PORT OF ENTRY INSPECTION PER-
SONNEL. 
For each of fiscal years 2011, 2012, 2013, and 2014, 
the Secretary of Homeland Security shall, subject to the 
availability of appropriations for such purpose, increase by 
not fewer than 250 the number of Customs and Border 
Protection officers at United States ports of entry over 
the number of such officers at such ports for the preceding 
fiscal year. 
SEC. 407. MAINTAINING BORDER INSPECTION EXPERTISE. 
The Secretary, acting through the Commissioner of 
United States Customs and Border Protection, shall en-
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sure that expertise is maintained in all United States Cus-
toms and Border Protection mission areas. 
SEC. 408. CONVERSION OF CERTAIN OVERSEAS LIMITED 
APPOINTMENTS. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘Commissioner’’ means the Com-
missioner of United States Customs and Border 
Protection; 
(2) the term ‘‘United States Customs and Bor-
der Protection’’ means United States Customs and 
Border Protection of the Department of Homeland 
Security; 
(3) the term ‘‘competitive service’’ has the 
meaning given such term by section 2102 of title 5, 
United States Code; and 
(4) the term ‘‘overseas limited appointment’’ 
means an appointment under— 
(A) subpart B of part 301 of title 5 of the 
Code of Federal Regulations, as in effect on 
January 1, 2008; or 
(B) any similar antecedent or succeeding 
authority, as determined by the Commissioner. 
(b) AUTHORITY TO CONVERT CERTAIN OVERSEAS 
LIMITED
APPOINTMENTS
TO
PERMANENT
APPOINT-
MENTS.— 
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(1) IN GENERAL.—Notwithstanding chapter 33 
of title 5, United States Code, or any other provision 
of law relating to the examination, certification, and 
appointment of individuals in the competitive serv-
ice, the Commissioner may convert an employee 
serving under an overseas limited appointment with-
in U.S. Customs and Border Protection to a perma-
nent appointment in the competitive service within 
U.S. Customs and Border Protection, if— 
(A) as of the time of conversion, the em-
ployee has completed at least 2 years of current 
continuous service under 1 or more overseas 
limited appointments; and 
(B) the employee’s performance has, 
throughout the period of continuous service re-
ferred to in subparagraph (A), been rated at 
least fully successful or the equivalent. 
An employee whose appointment is converted under 
the preceding sentence acquires competitive status 
upon conversion. 
(2) INDEMNIFICATION AND PRIVILEGES.— 
(A) 
INDEMNIFICATION.—The 
United 
States shall, in the case of any individual whose 
appointment is converted under paragraph (1), 
indemnify and hold such individual harmless 
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from any claim arising from any event, act, or 
omission— 
(i) that arises from the exercise of 
such individual’s official duties, including 
by reason of such individual’s residency 
status, in the foreign country in which 
such individual resides at the time of con-
version, 
(ii) for which the individual would not 
have been liable had the individual enjoyed 
the same privileges and immunities in the 
foreign country as an individual who either 
was a permanent employee, or was not a 
permanent resident, in the foreign country 
at the time of the event, act, or omission 
involved, and 
(iii) that occurs before, on, or after 
the date of the enactment of this Act, 
including any claim for taxes owed to the for-
eign country or a subdivision thereof. 
(B) SERVICES AND PAYMENTS.— 
(i) IN GENERAL.—In the case of any 
individual whose appointment is converted 
under paragraph (1), the United States 
shall provide to such individual (including 
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any dependents) services and monetary 
payments— 
(I) equivalent to the services and 
monetary payments provided to other 
Customs and Border Protection em-
ployees in similar positions (and their 
dependents) in the same country of 
assignment by international agree-
ment, an exchange of notes, or other 
diplomatic policy; and 
(II) for which such individual (in-
cluding any dependents) was not eligi-
ble by reason of such individual’s 
overseas limited appointment. 
(ii) 
APPLICABILITY.—Services 
and 
payments under this subparagraph shall be 
provided to an individual (including any 
dependents) to the same extent and in the 
same manner as if such individual had 
held a permanent appointment in the com-
petitive service throughout the period de-
scribed in paragraph (1)(A). The preceding 
sentence shall, in the case of any indi-
vidual, be effective as of the first day of 
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the period described in paragraph (1)(A) 
with respect to such individual. 
(3) GUIDANCE
ON
IMPLEMENTATION.—The 
Commissioner shall implement the conversion of an 
employee serving under an overseas limited appoint-
ment to a permanent appointment in the competitive 
service in a manner that— 
(A) meets the operational needs of the 
U.S. Customs and Border Protection; and 
(B) to the greatest extent practicable, is 
not disruptive to the employees affected under 
this section. 
SEC. 409. CIVIL AIR PATROL STUDY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study of the functions and capabili-
ties of the Civil Air Patrol to support the homeland secu-
rity missions of State, local, and tribal governments and 
the Department of Homeland Security. In conducting the 
study, the Comptroller General shall review the process 
by which the Civil Air Patrol may provide assistance to 
the Secretary of Homeland Security, other Federal agen-
cies, and States to support homeland security missions 
by— 
(1) providing aerial reconnaissance or commu-
nications capabilities for border security; 
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(2) providing capabilities for a collective re-
sponse to an act of terrorism, natural disaster, or 
other man-made event by assisting in damage as-
sessment and situational awareness, conducting 
search and rescue operations, assisting in evacu-
ations, and transporting time-sensitive medical or 
other materials; 
(3) providing assistance in the exercise and 
training of departmental resources responsible for 
the intercept of aviation threats to designated re-
stricted areas; and 
(4) carrying out such other activities as may be 
determined appropriate by the Comptroller General 
in the conduct of this review. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Secretary of Homeland Security, the Com-
mittees on Homeland Security and Transportation and In-
frastructure of the House of Representatives, and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate a report containing the findings of the 
review conducted under subsection (a). The report shall 
include— 
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(1) an assessment of the feasibility and cost ef-
fectiveness of using Civil Air Patrol assets for the 
purposes described in subsection (a); and 
(2) an assessment as to whether the current 
mechanisms for Federal agencies and States to re-
quest support from the Civil Air Patrol are sufficient 
or whether new agreements between relevant Federal 
agencies and the Civil Air Patrol are necessary. 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the date of the receipt of the report required under 
subsection (b), the Secretary of Homeland Security shall 
review and analyze the study and submit to the Commit-
tees on Homeland Security and Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a report on such review and analysis, includ-
ing any recommendations of the Secretary for further ac-
tion that could affect the organization and administration 
of the Department of Homeland Security. 
SEC. 410. IMPLEMENTATION OF US–VISIT. 
(a) AIRPORT
AND SEAPORT EXIT IMPLEMENTA-
TION.—Not later than June 30, 2011, the Secretary of 
Homeland Security shall complete the exit portion of the 
integrated entry and exit data system (commonly referred 
to as the ‘‘United States Visitor and Immigrant Status 
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Indicator Technology system’’ or ‘‘US–VISIT’’) required 
under section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) 
for aliens arriving in or departing from the United States 
at an airport or seaport. 
(b) LAND EXIT IMPLEMENTATION.— 
(1) IN GENERAL.—The Secretary shall develop 
a strategy for implementation of the exit portion of 
such integrated entry and exit data system for aliens 
departing from the United States at a land port of 
entry. The Secretary shall provide the strategy to 
appropriate congressional committees not later than 
December 31, 2011. 
(2) ADDITIONAL
MEASURES
FOR
DATA
CAP-
TURE.—In developing the strategy, the Secretary 
shall consider additional measures to enhance the 
ability of the Department of Homeland Security to 
capture exit data. 
SEC. 411. NORTHERN BORDER CANINE TEAMS. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary shall establish canine en-
forcement teams at the five busiest northern ports of entry 
and at other ports of entry as the Secretary determines 
necessary. 
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SEC. 412. VISA SECURITY PROGRAM EXPANSION. 
(a) ISSUANCE
OF VISAS
AT DESIGNATED DIPLO-
MATIC
AND CONSULAR POSTS.—Section 428(i) of the 
Homeland Security Act of 2002 (6 U.S.C. 236(i)) is 
amended to read as follows: 
‘‘(i) VISA ISSUANCE
AT DESIGNATED CONSULAR 
POSTS AND EMBASSIES.—Notwithstanding any other pro-
vision of law, the Secretary— 
‘‘(1) shall conduct an on-site review of all visa 
applications and supporting documentation before 
adjudication at each of the visa adjudicating posts 
identified as high-risk, and posts subsequently des-
ignated as such, by the Secretary; and 
‘‘(2) is authorized to assign employees of the 
Department to any diplomatic or consular post at 
which visas are issued unless, in the Secretary’s sole 
and unreviewable discretion, the Secretary deter-
mines that such an assignment at a particular post 
would not promote national or homeland security.’’. 
(b) EXPEDITED CLEARANCE AND PLACEMENT OF 
DEPARTMENT OF HOMELAND SECURITY PERSONNEL AT 
DIPLOMATIC AND CONSULAR POSTS.—The Secretary of 
State shall ensure that— 
(1) not later than 270 days after the date of 
the enactment of the amendment made by sub-
section (a), Department of Homeland Security per-
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ing such subparagraphs, as so redesignated, two ems 
to the right; 
(3) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(4) by redesignating subparagraph (B) as sub-
paragraph (C); 
(5) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) may refuse or revoke any visa to any 
alien or class of aliens if the Secretary, or the 
Secretary’s designee, determines that such re-
fusal or revocation is necessary or advisable in 
the security interests of the United States; 
and’’; and 
(6) by adding at the end the following new 
paragraph: 
‘‘(2) EFFECT OF REVOCATION.—The revocation 
of any visa of an alien under paragraph (1)(B) shall 
take effect immediately and shall automatically can-
cel any other valid visa that is in such alien’s posses-
sion.’’. 
(b) AUTHORITY OF THE SECRETARY OF STATE.— 
Section 428(c) of the Homeland Security Act (6 U.S.C. 
236)— 
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(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) LIMITATION.—No decision by the Sec-
retary of State to approve a visa may override a de-
cision by the Secretary of Homeland Security under 
subsection (b).’’. 
SEC. 414. IMPROVED STUDENT VISA SCREENING AND FOR-
EIGN STUDENT MONITORING. 
(a) 
ENHANCED
STUDENT
VISA
BACKGROUND 
CHECKS.—Section 428 of the Homeland Security Act (6 
U.S.C. 236) is amended by adding at the end the fol-
lowing: 
‘‘(j) STUDENT VISAS.—In administering the program 
under this section, not later than 180 days after the date 
of enactment of the Counterterrorism Enhancement and 
Department of Homeland Security Authorization Act of 
2010, the Secretary shall prescribe regulations to require 
employees assigned under subsection (e)(1) to conduct an 
on-site review of all applications for visas under subpara-
graph (F), (J), or (M) of section 101(a)(15) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(15)) prior 
to final adjudication, with special emphasis on deter-
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mining whether applicants are inadmissible under section 
212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)).’’. 
(b) IMPROVED FOREIGN STUDENT MONITORING.— 
Section 442(a) of the Homeland Security Act (6 U.S.C. 
252(a)) is amended— 
(1) by redesignating paragraph (5) as para-
graph (7); and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) STUDENT AND EXCHANGE VISITOR PRO-
GRAM.—— 
‘‘(A) IN GENERAL.—In administering the 
program under paragraph (4), the Secretary, 
not later than October 1, 2011— 
‘‘(i) shall prescribe regulations to re-
quire an institution or exchange visitor 
program sponsor participating in such pro-
gram to ensure that each covered student 
or exchange visitor enrolled at the institu-
tion or attending the exchange visitor pro-
gram— 
‘‘(I) is an active participant in 
the program for which the covered 
student or exchange visitor was issued 
a visa to enter the United States; 
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‘‘(II) is not unobserved for any 
period— 
‘‘(aa) exceeding 30 days 
during any academic term or pro-
gram in which the covered stu-
dent or exchange visitor is en-
rolled; or 
‘‘(bb) exceeding 60 days 
during any period not described 
in item (aa); and 
‘‘(III) is reported to the Depart-
ment within 10 days of— 
‘‘(aa) transferring to an-
other institution or program; 
‘‘(bb) 
changing 
academic 
majors; or 
‘‘(cc) any other changes to 
information required to be main-
tained in the system described in 
paragraph (4); and 
‘‘(ii) notwithstanding clause (i), shall 
require each covered student or exchange 
visitor to be observed at least once every 
60 days. 
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‘‘(B) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) The term ‘covered student’ means 
a student who is a nonimmigrant pursuant 
to subparagraph (F), (J), or (M) of section 
101(a)(15) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)). 
‘‘(ii) The term ‘observed’ means posi-
tively identified by physical or electronic 
means. 
‘‘(6) UPGRADES
TO
SEVIS
OR
EQUIVALENT 
DATA.—The Secretary shall update the program or 
system described in paragraph (4) to incorporate 
new data fields that include— 
‘‘(A) verification that a covered student’s 
performance meets the minimum academic 
standards of the institution in which the stu-
dent is enrolled; and 
‘‘(B) timely entry of any information re-
quired by paragraph (5) regarding covered stu-
dents and exchange visitors enrolled at institu-
tions or exchange program sponsors.’’. 
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TITLE V—ENFORCEMENT AND 
INVESTIGATIONS 
Subtitle A—Border and 
Immigration Enforcement 
SEC. 501. INCREASE IN FULL-TIME IMMIGRATION AND CUS-
TOMS ENFORCEMENT INVESTIGATORS. 
Subject to the availability of appropriations, in each 
of fiscal years 2011 through 2014, the Secretary of Home-
land Security shall increase by not fewer than 800 the 
number of positions for full-time active-duty investigators 
within the Department of Homeland Security above the 
number of such positions for which funds were allotted 
for the preceding fiscal year. 
SEC. 502. MANDATORY DETENTION FOR ALIENS APPRE-
HENDED AT OR BETWEEN PORTS OF ENTRY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, an alien who attempts 
to unlawfully enter the United States and is apprehended 
at a United States port of entry or along the international 
land and maritime borders of the United States shall be 
detained until removed or a final decision granting admis-
sion has been made, unless the alien— 
(1) is permitted to withdraw an application for 
admission under section 235(a)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 
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immediately departs from the United States pursu-
ant to such section; or 
(2) is paroled into the United States by the 
Secretary of Homeland Security for urgent humani-
tarian reasons or significant public benefit in accord-
ance with section 212(d)(5)(A) of such Act (8 
U.S.C. 1182(d)(5)(A)). 
(b) RULES OF CONSTRUCTION.— 
(1) ASYLUM AND REMOVAL.—Nothing in this 
section shall be construed as limiting the right of an 
alien to apply for asylum or for relief or deferral of 
removal based on a fear of persecution. 
(2) TREATMENT
OF
CERTAIN
ALIENS.—The 
mandatory detention requirement of subsection (a) 
shall not apply to any alien who is a native or citizen 
of a country in the Western Hemisphere with whose 
government the United States does not have full dip-
lomatic relations. 
(3) DISCRETION.—Nothing in this section shall 
be construed as limiting the authority of the Sec-
retary of Homeland Security, in the Secretary’s sole 
unreviewable discretion, to determine whether an 
alien described in clause (ii) of section 235(b)(1)(B) 
of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(B)) shall be detained or released after a 
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finding of a credible fear of persecution (as defined 
in clause (v) of such section). 
SEC. 503. DENIAL OF ADMISSION TO NATIONALS OF COUN-
TRIES DENYING OR DELAYING ACCEPTANCE 
OF ALIENS. 
Section 243(d) of the Immigration and Nationality 
Act (8 U.S.C. 1253(d)) is amended to read as follows: 
‘‘(d) DENIAL
OF ADMISSION
TO NATIONALS
OF 
COUNTRY DENYING OR DELAYING ACCEPTING ALIEN.— 
Whenever the Secretary of Homeland Security determines 
that the government of a foreign country has denied or 
unreasonably delayed accepting an alien who is a citizen, 
subject, national, or resident of that country after the 
alien has been ordered removed from the United States, 
the Secretary, after consultation with the Secretary of 
State, may deny admission to any citizen, subject, na-
tional, or resident of that country until the country ac-
cepts the alien who was ordered removed.’’. 
SEC. 504. ALIEN TRANSFER AND REIMBURSEMENT AU-
THORITY. 
(a) TRANSFER TO FEDERAL CUSTODY.—The Sec-
retary of Homeland Security shall require appropriate per-
sonnel from the Department of Homeland Security to re-
spond within 24 hours in person to all requests made by 
a State, or political subdivision of a State, participating 
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in the program described in section 287(g) of the Immi-
gration and Nationality Act (8 U.S.C. 1357(g)) that the 
Secretary take into custody an alien, if the Secretary has 
confirmed that the alien is unlawfully present in the 
United States. 
(b) REIMBURSEMENT OF COSTS.—If the Secretary 
fails to carry out subsection (a), the Secretary shall be 
responsible for the detention costs incurred by the State 
or political subdivision as a result of such failure. 
Subtitle B—United States Secret 
Service 
SEC. 511. AUTHORIZATION OF THE HOMELAND SECURITY 
FUNCTIONS OF THE UNITED STATES SECRET 
SERVICE. 
(a) AUTHORIZATION.—Of the amount authorized in 
section 201, there is authorized to be appropriated 
$1,811,617,000 for fiscal year 2011 for the necessary ex-
penses of the United States Secret Service. 
(b) AUTHORIZED
PERSONNEL
STRENGTH.—The 
United States Secret Service is authorized 7,014 full-time 
equivalent positions for fiscal year 2011. 
SEC. 512. REPORT ON THE UNITED STATES SECRET SERV-
ICE JAMES J. ROWLEY TRAINING CENTER. 
Within 240 days after the date of the enactment of 
this Act, the Inspector General of the Department of 
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Homeland Security shall provide to the appropriate con-
gressional committees, including the Committees on 
Homeland Security and Appropriations of the House of 
Representatives and the Committees on Homeland Secu-
rity and Governmental Affairs and Appropriations of the 
Senate, a report describing the following: 
(1) The mission and training capabilities of the 
United States Secret Service James J. Rowley 
Training Center. 
(2) Current Secret Service personnel through-
put capacity of the James J. Rowley Training Cen-
ter. 
(3) Maximum Secret Service personnel through-
put capacity of the James J. Rowley Training Cen-
ter. 
(4) An assessment of what departmental com-
ponents engage in similar training activities as those 
conducted at the James J. Rowley Training Center. 
(5) An assessment of the infrastructure en-
hancements needed to support the mission and 
training capabilities of the James J. Rowley Train-
ing Center. 
(6) An assessment of the actual and expected 
total throughput capacity at the James J. Rowley 
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Training Center, including outside entity partici-
pants. 
SEC. 513. COMMUNICATIONS INTEROPERABILITY. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall implement full interoperability of all communica-
tions systems used by the United States Secret Service 
and the White House Communications Agency. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized in section 511, $15,000,000 is avail-
able to complete the requirements in subsection (a). 
SEC. 514. INTERNATIONAL FIELD OFFICES. 
(a) CYBERSECURITY.—The Secretary of Homeland 
Security may establish permanent United States Secret 
Service international field offices to enhance cybersecurity 
and the Secret Service’s ability to combat cyber crime. 
(b) ANTI-COUNTERFEITING.—The Secretary may es-
tablish permanent United States Secret Service inter-
national field offices to enhance the Secret Service’s ability 
to combat counterfeiting of United States currency. 
(c) SELECTION OF COUNTRIES.—In selecting coun-
tries for the establishment of field offices under this sec-
tion, the Secretary shall— 
(1) consult with the Director of the United 
States Secret Service; and 
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(2) give priority to countries that pose the high-
est risk for cyber attacks against the United States 
and where the largest amount of counterfeit United 
States currency is produced. 
TITLE VI—TRANSPORTATION 
SECURITY 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Transportation Secu-
rity Administration Authorization Act’’. 
SEC. 602. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means Assistant Secretary of Home-
land Security (Transportation Security Administra-
tion). 
(2) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Transportation Security Adminis-
tration. 
(3) 
AVIATION
SECURITY
ADVISORY
COM-
MITTEE.—The term ‘‘Aviation Security Advisory 
Committee’’ means the advisory committee estab-
lished by section 44946 of title 49, United States 
Code, as added by this Act. 
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SEC. 603. AUTHORITIES VESTED IN ASSISTANT SECRETARY. 
Any authority vested in the Assistant Secretary under 
this title shall be carried out under the direction and con-
trol of the Secretary. 
Subtitle A—Authorization of 
Appropriations 
SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 
Of the amounts authorized in section 201, there are 
authorized 
to 
be 
appropriated 
to 
the 
Secretary 
$8,310,835,000 for fiscal year 2011 for the necessary ex-
penses of the Transportation Security Administration. 
SEC. 612. RISK-BASED SYSTEM FOR ALLOCATION OF RE-
SOURCES. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Assistant Secretary shall 
submit to the appropriate congressional committees, in-
cluding the Committee on Homeland Security of the 
House of Representatives, a report on the status of its 
implementation of recommendations from the Comptroller 
General with respect to the use by the Transportation Se-
curity Administration of a risk-based system for allocating 
security resources effectively. 
(b) ASSESSMENTS.—The report shall include assess-
ments of the Transportation Security Administration’s 
progress in— 
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(1) adopting security goals that define specific 
outcomes, conditions, end points, and performance 
targets; 
(2) conducting comprehensive risk assessments 
for the transportation sector that meet the criteria 
established under Homeland Security Presidential 
Directive–7 in effect as of January 1, 2009, and 
combine individual assessments of threat, vulner-
ability, and consequence; 
(3) analyzing the assessments described in 
paragraph (2) to produce a comparative analysis of 
risk across the entire transportation sector to guide 
current and future investment decisions; 
(4) establishing an approach for gathering data 
on investments by State, local, and private sector se-
curity partners in transportation security; 
(5) establishing a plan and corresponding 
benchmarks for conducting risk assessments for the 
transportation sector that identify the scope of the 
assessments and resource requirements for com-
pleting them; 
(6) establishing a strategy and timeline for ef-
fectuating the Administration’s intelligence-driven 
risk management approach and documenting the re-
sults of the assessment; 
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(7) optimizing the assignment of uncertainty or 
confidence levels to analytic intelligence products re-
lated to the Transportation Security Administra-
tion’s security mission and applying such approach; 
and 
(8) establishing internal controls, including— 
(A) a focal point and clearly defined roles 
and responsibilities for ensuring that the Ad-
ministration’s risk management framework is 
implemented; 
(B) policies, procedures, and guidance that 
require the implementation of the Administra-
tion’s framework and completion of related 
work activities; and 
(C) a system to monitor and improve how 
effectively the framework is being implemented. 
(c) ASSESSMENT AND PRIORITIZATION OF RISKS.— 
(1) IN GENERAL.—Consistent with the risk and 
threat 
assessments 
required 
under 
sections 
114(s)(3)(B) and 44904(c) of title 49, United States 
Code, the report shall include— 
(A) a summary that ranks the risks within 
and across transportation modes, including vul-
nerability of a cyber attack; and 
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(B) a description of the risk-based prior-
ities for securing the transportation sector, both 
within and across modes, in the order that the 
priorities should be addressed. 
(2) METHODS.—The report also shall— 
(A) describe the underlying methodologies 
used to assess risks across and within each 
transportation mode and the basis for any as-
sumptions regarding threats, vulnerabilities, 
and consequences made in assessing and 
prioritizing risks within and across such modes; 
and 
(B) include the Assistant Secretary’s work-
ing definition of the terms ‘‘risk-based’’ and 
‘‘risk-informed’’. 
(d) FORMAT.—The report shall be submitted in clas-
sified or unclassified formats, as appropriate. 
Subtitle B—Aviation Security 
CHAPTER 1—AMENDMENTS TO CHAPTER 
449 
SEC. 621. SCREENING AIR CARGO AND CHECKED BAGGAGE. 
Section 44901(e)(1) of title 49, United States Code, 
is amended to read as follows: 
‘‘(1) A bag match program, ensuring that no 
checked baggage is placed aboard an aircraft unless 
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the passenger who checked the baggage is aboard 
the aircraft, is not authorized as an alternate meth-
od of baggage screening where explosive detection 
equipment is available unless there are exigent cir-
cumstances as determined by the Assistant Sec-
retary. The Assistant Secretary shall report to the 
Committee on Homeland Security of the House of 
Representatives within 90 days of the determination 
that bag match must be used as an alternate method 
of baggage screening.’’. 
SEC. 622. PROHIBITION OF ADVANCE NOTICE OF COVERT 
TESTING TO SECURITY SCREENERS. 
(a) COVERT TESTING.—Section 44935 of title 49, 
United States Code, is amended— 
(1) by redesignating the second subsection (i) 
(as redesignated by section 111(a)(1) of Public Law 
107–71 (115 Stat. 616), relating to accessibility of 
computer-based training facilities) as subsection (k); 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(l) PROHIBITION OF ADVANCE NOTICE TO SECU-
RITY SCREENERS OF COVERT TESTING AND EVALUA-
TION.— 
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‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall ensure that information concerning a covert 
test of a transportation security system to be con-
ducted by a covert testing office, the Inspector Gen-
eral of the Department of Homeland Security, or the 
Government Accountability Office is not provided to 
any individual prior to the completion of the test. 
‘‘(2) 
EXCEPTIONS.—Notwithstanding 
para-
graph (1)— 
‘‘(A) an authorized individual involved in a 
covert test of a transportation security system 
may provide information concerning the covert 
test to— 
‘‘(i) employees, officers, and contrac-
tors of the Federal Government (including 
military personnel); 
‘‘(ii) employees and officers of State 
and local governments; and 
‘‘(iii) law enforcement officials who 
are authorized to receive or directed to be 
provided such information by the Assistant 
Secretary, the Inspector General of the De-
partment of Homeland Security, or the 
Comptroller General, as the case may be; 
and 
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‘‘(B) for the purpose of ensuring the secu-
rity of any individual in the vicinity of a site 
where a covert test of a transportation security 
system is being conducted, an individual con-
ducting the test may disclose his or her status 
as an individual conducting the test to any ap-
propriate individual if a security screener or 
other individual who is not a covered employee 
identifies the individual conducting the test as 
a potential threat. 
‘‘(3) SPECIAL RULES FOR TSA.— 
‘‘(A) MONITORING
AND
SECURITY
OF 
TESTING PERSONNEL.—The head of each covert 
testing office shall ensure that a person or 
group of persons conducting a covert test of a 
transportation security system for the covert 
testing office is accompanied at the site of the 
test by a cover team composed of one or more 
employees of the covert testing office for the 
purpose of monitoring the test and confirming 
the identity of personnel involved in the test 
under subparagraph (B). 
‘‘(B) RESPONSIBILITY OF COVER TEAM.— 
Under this paragraph, a cover team for a covert 
test of a transportation security system shall— 
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‘‘(i) monitor the test; and 
‘‘(ii) for the purpose of ensuring the 
security of any individual in the vicinity of 
a site where the test is being conducted, 
confirm, notwithstanding paragraph (1), 
the identity of any individual conducting 
the test to any appropriate individual if a 
security screener or other individual who is 
not a covered employee identifies the indi-
vidual conducting the test as a potential 
threat. 
‘‘(C) 
AVIATION
SCREENING.—Notwith-
standing subparagraph (A), the Transportation 
Security Administration is not required to have 
a cover team present during a test of the 
screening of persons, carry-on items, or checked 
baggage at an aviation security checkpoint at or 
serving an airport if the test— 
‘‘(i) is approved, in coordination with 
the designated security official for the air-
port operator by the Federal Security Di-
rector for such airport; and 
‘‘(ii) is carried out under an aviation 
screening assessment program of the De-
partment of Homeland Security. 
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‘‘(D) USE
OF
OTHER
PERSONNEL.—The 
Transportation Security Administration may 
use employees, officers, and contractors of the 
Federal Government (including military per-
sonnel) and employees and officers of State and 
local governments to conduct covert tests. 
‘‘(4) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) 
APPROPRIATE
INDIVIDUAL.—The 
term ‘appropriate individual’, as used with re-
spect to a covert test of a transportation secu-
rity system, means any individual that— 
‘‘(i) the individual conducting the test 
determines needs to know his or her status 
as an individual conducting a test under 
paragraph (2)(B); or 
‘‘(ii) the cover team monitoring the 
test under paragraph (3)(B)(i) determines 
needs to know the identity of an individual 
conducting the test. 
‘‘(B) COVERED
EMPLOYEE.—The term 
‘covered employee’ means any individual who 
receives notice of a covert test before the com-
pletion of a test under paragraph (2)(A). 
‘‘(C) COVERT TEST.— 
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‘‘(i) IN GENERAL.—The term ‘covert 
test’ means an exercise or activity con-
ducted by a covert testing office, the In-
spector General of the Department of 
Homeland Security, or the Government Ac-
countability Office to intentionally test, 
compromise, or circumvent transportation 
security systems to identify vulnerabilities 
in such systems. 
‘‘(ii) 
LIMITATION.—Notwithstanding 
clause (i), the term ‘covert test’ does not 
mean an exercise or activity by an em-
ployee or contractor of the Transportation 
Security Administration to test or assess 
compliance with relevant regulations. 
‘‘(D) COVERT TESTING OFFICE.—The term 
‘covert testing office’ means any office of the 
Transportation Security Administration des-
ignated by the Assistant Secretary to conduct 
covert tests of transportation security systems. 
‘‘(E) EMPLOYEE OF A COVERT TESTING 
OFFICE.—The term ‘employee of a covert test-
ing office’ means an individual who is an em-
ployee of a covert testing office or a contractor 
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or an employee of a contractor of a covert test-
ing office.’’. 
(b) UNIFORMS.—Section 44935(j) of such title is 
amended— 
(1) by striking ‘‘The Under Secretary’’ and in-
serting the following: 
‘‘(1) UNIFORM REQUIREMENT.—The Assistant 
Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) ALLOWANCE.—The Assistant Secretary 
may grant a uniform allowance of not less than 
$300 to any individual who screens passengers and 
property pursuant to section 44901.’’. 
SEC. 623. SECURE VERIFICATION SYSTEM FOR LAW EN-
FORCEMENT OFFICERS. 
Section 44917 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(e) SECURE VERIFICATION SYSTEM FOR LAW EN-
FORCEMENT OFFICERS.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall develop a plan for a system to securely verify 
the identity and status of law enforcement officers 
flying while armed. The Assistant Secretary shall en-
sure that the system developed includes a biometric 
component. 
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‘‘(2) DEMONSTRATION.—The Assistant Sec-
retary shall conduct a demonstration program to 
test the secure verification system described in para-
graph (1) before issuing regulations for deployment 
of the system. 
‘‘(3) CONSULTATION.—The Assistant Secretary 
shall consult with the Aviation Security Advisory 
Committee, established under section 44946 of title 
49, United States Code, when developing the system 
and evaluating the demonstration program. 
‘‘(4) REPORT.—The Assistant Secretary shall 
submit a report to the Committee on Homeland Se-
curity of the House of Representatives, evaluating 
the demonstration program of the secure verification 
system required by this section. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
From the amounts authorized under section 611 of 
the Transportation Security Administration Author-
ization Act, there is authorized to be appropriated to 
carry out this subsection $10,000,000, to remain 
available until expended.’’. 
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SEC. 624. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERV-
ICE. 
Section 44917 of title 49, United States Code, as 
amended by section 623 of this Act, is further amended 
by adding at the end the following: 
‘‘(f) OMBUDSMAN.— 
‘‘(1) ESTABLISHMENT.—The Assistant Sec-
retary shall establish in the Federal Air Marshal 
Service an Office of the Ombudsman. 
‘‘(2) APPOINTMENT.—The head of the Office 
shall be the Ombudsman, who shall be appointed by 
the Assistant Secretary. 
‘‘(3) DUTIES.—The Ombudsman shall carry out 
programs and activities to improve morale, training, 
and quality of life issues in the Service, including 
through implementation of the recommendations of 
the Inspector General of the Department of Home-
land Security and the Comptroller General.’’. 
SEC. 625. FEDERAL FLIGHT DECK OFFICER PROGRAM EN-
HANCEMENTS. 
(a) ESTABLISHMENT.—Section 44921(a) of title 49, 
United States Code, is amended by striking the following: 
‘‘The Under Secretary of Transportation for Security’’ 
and inserting ‘‘The Secretary of Homeland Security, act-
ing through the Assistant Secretary (Transportation Secu-
rity Administration)’’. 
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(b) ADMINISTRATORS.—Section 44921(b) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘Under’’ in paragraphs (1), (2), 
(4), (6), and (7); and 
(2) by adding at the end the following: 
‘‘(8) ADMINISTRATORS.—The Assistant Sec-
retary shall implement an appropriately sized admin-
istrative structure to manage the program, including 
overseeing— 
‘‘(A) eligibility and requirement protocols 
administration; and 
‘‘(B) communication with Federal flight 
deck officers.’’. 
(c) TRAINING, SUPERVISION, AND EQUIPMENT.— 
Section 44921(c)(2)(C) of such title is amended by adding 
at the end the following: 
‘‘(iv) USE OF FEDERAL AIR MARSHAL 
SERVICE
FIELD
OFFICE
FACILITIES.—In 
addition to dedicated Government and con-
tract training facilities, the Assistant Sec-
retary shall require that field office facili-
ties of the Federal Air Marshal Service be 
used for the administrative and training 
needs of the program. Such facilities shall 
be available to Federal flight deck officers 
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at no cost for firearms training and quali-
fication, defensive tactics training, and 
program administrative assistance.’’. 
(d) REIMBURSEMENT.—Section 44921 of such title 
is amended by adding at the end the following: 
‘‘(l) 
REIMBURSEMENT.—The 
Secretary, 
acting 
through the Assistant Secretary, shall reimburse all Fed-
eral flight deck officers for expenses incurred to complete 
a recurrent and requalifying training requirement nec-
essary to continue to serve as a Federal flight deck officer. 
Eligible expenses under this subsection include ground 
transportation, lodging, meals, and ammunition, to com-
plete any required training as determined by the Assistant 
Secretary.’’. 
SEC. 626. FEDERAL AIR MARSHALS. 
Section 44917 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(e) CRIMINAL
INVESTIGATIVE
TRAINING
PRO-
GRAM.— 
‘‘(1) NEW
EMPLOYEE
TRAINING.—Not later 
than 30 days after the date of enactment of this 
subsection, the Federal Air Marshal Service shall re-
quire Federal air marshals hired after such date to 
complete the criminal investigative training program 
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at the Federal Law Enforcement Training Center as 
part of basic training for Federal air marshals. 
‘‘(2) EXISTING
EMPLOYEES.—A Federal air 
marshal who has previously completed the criminal 
investigative training program shall not be required 
to repeat such program. 
‘‘(3) ALTERNATIVE TRAINING.—Not later than 
3 years after the date of enactment of this sub-
section, an air marshal hired before such date who 
has not completed the criminal investigative training 
program shall be required to complete a alternative 
training program, as determined by the Director of 
the Federal Law Enforcement Training Center, that 
provides the training necessary to bridge the gap be-
tween the mixed basic police training, the Federal 
air marshal programs already completed by the Fed-
eral air marshal and the criminal investigative train-
ing provided through the criminal investigative train-
ing program. Any such alternative program shall be 
deemed to have met the standards of the criminal 
investigative training program. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
Not less than $3,000,000 is authorized to be appro-
priated for fiscal year 2011 to carry out this sub-
section. 
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‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-
section shall be construed to reclassify Federal air 
marshals as criminal investigators.’’. 
SEC. 627. ASSISTANT SECRETARY DEFINED. 
(a) IN GENERAL.—Subchapter II of chapter 449 of 
title 49, United States Code, is amended by inserting be-
fore section 44933 the following: 
‘‘§ 44931. Assistant Secretary defined 
‘‘(a) IN GENERAL.—In this chapter— 
‘‘(1) the term ‘Assistant Secretary’ means the 
Assistant Secretary (Transportation Security Ad-
ministration); and 
‘‘(2) any reference to the Administrator of the 
Transportation Security Administration, the Under 
Secretary of Transportation for Security, the Under 
Secretary of Transportation for Transportation Se-
curity, or the Under Secretary for Transportation 
Security shall be deemed to be a reference to the As-
sistant Secretary. 
‘‘(b) AUTHORITIES VESTED
IN ASSISTANT SEC-
RETARY.—Any authority vested in the Assistant Secretary 
under this chapter shall be carried out under the direction 
and control of the Secretary of Homeland Security.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by inserting before the item relat-
ing to section 44933 the following: 
‘‘44931. Assistant Secretary defined.’’. 
SEC. 628. TSA AND HOMELAND SECURITY INFORMATION 
SHARING. 
(a) FEDERAL SECURITY DIRECTOR.—Section 44933 
of title 49, United States Code, is amended— 
(1) in the section heading, by striking ‘‘Man-
agers’’ and inserting ‘‘Directors’’; 
(2) by striking ‘‘Manager’’ each place it appears 
and inserting ‘‘Director’’; 
(3) by striking ‘‘Managers’’ each place it ap-
pears and inserting ‘‘Directors’’; and 
(4) by adding at the end the following: 
‘‘(c) INFORMATION SHARING.—Not later than one 
year after the date of enactment of the Transportation Se-
curity Administration Authorization Act, the Assistant 
Secretary shall— 
‘‘(1) require an airport security plan to have 
clear reporting procedures to provide that the Fed-
eral Security Director of the airport is immediately 
notified whenever any Federal, State, or local law 
enforcement personnel are called to an aircraft at a 
gate or on an airfield at the airport to respond to 
any security matter; 
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‘‘(2) require each Federal Security Director of 
an airport to meet at least quarterly with law en-
forcement agencies serving the airport to discuss in-
cident management protocols; and 
‘‘(3) require each Federal Security Director at 
an airport to inform, consult, and coordinate, as ap-
propriate, with the airport operator in a timely man-
ner on security matters impacting airport operations 
and to establish and maintain operational protocols 
with airport operators to ensure coordinated re-
sponses to security matters.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 114(f)(6) of title 49, United States 
Code, is amended by striking ‘‘Managers’’ and in-
serting ‘‘Directors’’. 
(2) Section 44940(a)(1)(F) of title 49, United 
States Code, is amended by striking ‘‘Managers’’ 
and inserting ‘‘Directors’’. 
(c) TECHNICAL AMENDMENT.—The chapter analysis 
for chapter 449 is amended by striking the item relating 
to section 44933 and inserting the following: 
‘‘44933. Federal Security Directors.’’. 
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SEC. 629. AVIATION SECURITY STAKEHOLDER PARTICIPA-
TION. 
(a) IN GENERAL.—Subchapter II of chapter 449 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 44946. Aviation Security Advisory Committee 
‘‘(a) ESTABLISHMENT OF AVIATION SECURITY ADVI-
SORY COMMITTEE.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish in the Transportation Security Ad-
ministration an advisory committee, to be known as 
the Aviation Security Advisory Committee (in this 
chapter referred to as the ‘Advisory Committee’), to 
assist the Assistant Secretary with issues pertaining 
to aviation security, including credentialing. 
‘‘(2) RECOMMENDATIONS.—The Assistant Sec-
retary shall require the Advisory Committee to de-
velop recommendations for improvements to civil 
aviation security methods, equipment, and processes. 
‘‘(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-
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ceive no salary, reimbursement of travel expenses, or 
other compensation from the Federal Government. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) MEMBER ORGANIZATIONS.—The Assistant 
Secretary shall ensure that the Advisory Committee 
is composed of not more than one individual rep-
resenting not more than 27 member organizations, 
including representation of air carriers, all cargo air 
transportation, indirect air carriers, labor organiza-
tions representing air carrier employees, aircraft 
manufacturers, airport operators, general aviation, 
and the aviation technology security industry, in-
cluding biometrics. 
‘‘(2) APPOINTMENTS.—Members shall be ap-
pointed by the Assistant Secretary, and the Assist-
ant Secretary shall have the discretion to review the 
participation 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) AIR CARGO SECURITY WORKING GROUP.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish within the Advisory Committee an air 
cargo security working group to provide rec-
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ommendations for air cargo security issues, includ-
ing the implementation of the air cargo screening 
initiatives proposed by the Transportation Security 
Administration to screen air cargo on passenger air-
craft in accordance with established cargo screening 
mandates. 
‘‘(2) MEETINGS.—The working group shall 
meet at least semiannually and provide annual re-
ports to the Assistant Secretary with recommenda-
tions to improve the Administration’s cargo screen-
ing initiatives established to meet all cargo screening 
mandates set forth in section 44901(g) of title 49, 
United States Code. 
‘‘(3) MEMBERSHIP.—The working group shall 
include members from the Advisory Committee with 
expertise in air cargo operations and representatives 
from other stakeholders as determined by the Assist-
ant Secretary. 
‘‘(4) REPORTS.— 
‘‘(A) IN
GENERAL.—The working group 
shall prepare and submit reports to the Assist-
ant Secretary in accordance with this para-
graph that provide cargo screening mandate im-
plementation recommendations. 
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‘‘(B) SUBMISSION.—Not later than one 
year after the date of enactment of this section 
and on an annual basis thereafter, the working 
group shall submit its first report to the Assist-
ant Secretary, including any recommendations 
of the group— 
‘‘(i) to reduce redundancies and in-
crease efficiencies with the screening and 
inspection of inbound cargo; and 
‘‘(ii) on the potential development of a 
fee structure to help sustain cargo screen-
ing efforts.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘44946. Aviation Security Advisory Committee.’’. 
SEC. 630. GENERAL AVIATION SECURITY. 
(a) IN GENERAL.—Subchapter II of chapter 449 of 
title 49, United States Code, as amended by section 629 
of this Act, is further amended by adding at the end the 
following: 
‘‘§ 44947. General aviation security 
‘‘(a) GENERAL AVIATION SECURITY GRANT PRO-
GRAM.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall carry out a general aviation security grant pro-
gram to enhance transportation security at general 
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aviation airports by making grants to operators of 
general aviation airports for projects to enhance pe-
rimeter security, airfield security, and terminal secu-
rity. 
‘‘(2) ELIGIBLE PROJECTS.—Not later than one 
year after the date of submission of the first report 
of the working group under subsection (b), the As-
sistant Secretary shall develop and make publically 
available a list of approved eligible projects for such 
grants under paragraph (1) based upon rec-
ommendations made by the working group in such 
report. 
‘‘(3) FEDERAL SHARE.—The Federal share of 
the cost of activities for which grants are made 
under this subsection shall be 90 percent. 
‘‘(4) PRESUMPTION OF CONGRESS RELATING TO 
COMPETITIVE PROCEDURES.— 
‘‘(A) PRESUMPTION.—It is the presump-
tion of Congress that grants awarded under 
this section will be awarded using competitive 
procedures based on risk. 
‘‘(B) REPORT
TO
CONGRESS.—If grants 
are awarded under this section using proce-
dures other than competitive procedures, the 
Assistant Secretary shall submit to Congress a 
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report explaining why competitive procedures 
were not used. 
‘‘(b) GENERAL
AVIATION
SECURITY
WORKING 
GROUP.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish, within the Aviation Security Advisory 
Committee established under section 44946, a gen-
eral aviation working group to advise the Transpor-
tation Security Administration regarding transpor-
tation security issues for general aviation facilities, 
general aviation aircraft, heliports, and helicopter 
operations at general aviation and commercial serv-
ice airports. 
‘‘(2) MEETINGS.—The working group shall 
meet at least semiannually and may convene addi-
tional meetings as necessary. 
‘‘(3) MEMBERSHIP.—The Assistant Secretary 
shall appoint members from the Aviation Security 
Advisory Committee with general aviation experi-
ence. 
‘‘(4) REPORTS.— 
‘‘(A) SUBMISSION.—The working group 
shall submit a report to the Assistant Secretary 
with recommendations on ways to improve secu-
rity at general aviation airports. 
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‘‘(B) CONTENTS OF REPORT.—The report 
of the working group submitted to the Assistant 
Secretary under this paragraph shall include 
any recommendations of the working group for 
eligible security enhancement projects at gen-
eral aviation airports to be funded by grants 
under subsection (a). 
‘‘(C) SUBSEQUENT REPORTS.—After sub-
mitting the report, the working group shall con-
tinue to report to the Assistant Secretary on 
general aviation aircraft and airports. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—From 
amounts made available under section 611 of the Trans-
portation Security Administration Authorization Act, 
there is authorized to be appropriated for making grants 
under subsection (a) $20,000,000 for fiscal year 2011. 
None of the funds appropriated pursuant to this sub-
section may be used for a congressional earmark as de-
fined in clause 9d, of Rule XXI of the rules of the House 
of Representatives of the 111th Congress.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is further amended by adding at the end the 
following: 
‘‘44947. General aviation security.’’. 
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SEC. 631. SECURITY AND SELF-DEFENSE TRAINING. 
(a) Section 44918(b) of title 49, United States Code, 
is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) SELF-DEFENSE TRAINING PROGRAM.—Not 
later than 1 year after the date of enactment of the 
Transportation Security Administration Authoriza-
tion Act, the Assistant Secretary shall provide ad-
vanced self-defense training of not less than 5 hours 
during each 2-year period for all cabin crew-
members. The Assistant Secretary shall consult with 
the Advisory Committee established under section 
44946 and cabin crew and air carrier representatives 
in developing a plan for providing self-defense train-
ing in conjunction with existing recurrent training.’’; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) PARTICIPATION.—A crewmember shall not 
be required to engage in any physical contact during 
the training program under this subsection.’’; and 
(3) by striking paragraph (4) and redesignating 
paragraphs (5) through (7) as paragraphs (4) 
through (6), respectively. 
(b) SECURITY TRAINING.—Section 44918(a)(6) of 
title 49, United States Code, is amended by adding at the 
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end the following: ‘‘The Assistant Secretary shall establish 
an oversight program for security training of cabin crew-
members that includes developing performance measures 
and strategic goals for air carriers, and standard protocols 
for Transportation Security Administration oversight in-
spectors, in accordance with recommendations by the In-
spector General of the Department of Homeland Security 
and the Comptroller General.’’. 
SEC. 632. 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 
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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 
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100 
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. 633. 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 
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101 
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. 634. 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 
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102 
known air travelers and allow them expedited 
passenger and carry-on baggage screening; 
‘‘(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 
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103 
(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.’’. 
SEC. 635. ADVANCED IMAGING TECHNOLOGY. 
(a) IN GENERAL.—The Assistant Secretary shall en-
sure that advanced imaging technology systems are pro-
cured and deployed in a timely manner in the Nation’s 
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104 
commercial airports. Such systems may be utilized as a 
primary method of screening aviation passengers. 
(b) ALTERNATIVES
REQUIRED.—Notwithstanding 
subsection (a), the Assistant Secretary shall prescribe for 
alternative screening processes or equipment in lieu of 
screening by advanced imaging technology, if such alter-
native results in a comparable level of security. 
(c) RISK-BASED DEPLOYMENT.—The Assistant Sec-
retary shall ensure that advanced imaging technology sys-
tems are deployed on a risk-based basis and consistent 
with the Transportation Security Administration’s most 
recent strategic plans for passenger checkpoint security. 
(d) DESCRIPTION
OF ADVANCED IMAGING TECH-
NOLOGY.—Advanced imaging technology deployed under 
this section shall meet qualification standards set by the 
Transportation Security Administration and shall be capa-
ble of safely and nonintrusively screening a passenger’s 
whole body. 
(e) INFORMATION ON ADVANCED IMAGING TECH-
NOLOGY
AT
THE CHECKPOINT.—Information and pic-
torials of generic images produced by advanced imaging 
technology shall be posted at each commercial airport 
checkpoint where advanced imaging technology is de-
ployed. Such information shall include alternative screen-
ing procedures required under subsection (b). The Assist-
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105 
ant Secretary shall ensure that transportation security ad-
ministration personnel are available to speak with pas-
sengers regarding advanced imaging technology at each 
commercial airport checkpoint where advanced imaging 
technology is deployed. 
(f) ANNUAL REPORT.—The Assistant Secretary 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, in con-
junction with the Department’s annual budget submission 
to the Congress for fiscal years 2012, 2013, 2014, and 
2015, a report that includes— 
(1) an updated privacy impact assessment of 
advanced imaging technology; 
(2) an analysis of the results of covert testing 
conducted by the Transportation Security Adminis-
tration’s Office of Inspections and Office of Security 
Operations; and 
(3) an analysis of the Transportation Security 
Administration’s personnel model including a de-
tailed breakdown of personnel required to operate 
advanced imaging technology equipment. 
(g) INTERNATIONAL
HARMONIZATION.—The Sec-
retary shall work with foreign nations, foreign civil avia-
tion authorities, international organizations, and associa-
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106 
tions including the International Civil Aviation Organiza-
tion, to set binding international standards for passenger 
checkpoint security at commercial airports worldwide. 
(h) FOREIGN ASSISTANCE AUTHORIZED.—The As-
sistant Secretary may lend, lease, donate, or otherwise 
provide security-related equipment, including advanced 
imaging technology, and provide technical training and 
support, to any foreign airport if— 
(1) the airport serves as a last point of depar-
ture prior to an aircraft’s entry into the United 
States; 
(2) the equipment, training, or support would 
assist in bringing the airport into compliance (or ex-
ceed compliance) with applicable International Civil 
Aviation Organization standards; and 
(3) such assistance is based upon the assess-
ment of the risks to the security of the United 
States and the ability of the airport to otherwise 
provide adequate security for passengers and air-
craft bound for the United States. 
(i) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount appropriated to the Secretary under section 611, 
there is authorized to be appropriated to the Secretary for 
advanced imaging technology systems $250,000,000 for 
fiscal year 2011. 
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107 
CHAPTER 2—OTHER MATTERS 
SEC. 636. 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 
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could be utilized at both commercial and general 
aviation facilities. 
SEC. 637. 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 this Act with the 3-month pe-
riod 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-
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109 
tion to such Committees every 90 days thereafter until the 
implementation is complete. 
SEC. 638. 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. 
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(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 
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(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.—Credential-
ing 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. 
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(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 
of biometric identifier access at airports, including best 
practices for each of the following processes: 
(1) Registration, vetting, and enrollment. 
(2) Issuance. 
(3) Verification and use. 
(4) Expiration and revocation. 
(5) Development of a cost structure for acquisi-
tion of biometric identifier credentials. 
(6) Development of redress processes for work-
ers. 
(g) CONSULTATION.—In conducting the demonstra-
tion program, the Assistant Secretary shall consult with 
the Aviation Security Advisory Committee regarding how 
airports may transition to uniform, standards-based, and 
interoperable biometric identifier systems for airport 
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workers and others with unescorted access to secure or 
sterile areas of an airport. 
(h) EVALUATION.—The Assistant Secretary shall 
conduct an evaluation of the demonstration program to 
specifically assess best operational, administrative, and 
management practices in creating a standard, interoper-
able, biometric identifier access system for all individuals 
with access to secure or sterile areas of commercial service 
airports. 
(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 611, there is authorized 
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to be appropriated a total of $20,000,000 to carry out this 
section for fiscal year 2011. 
SEC. 639. 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. 640. 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 
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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 prioritiz-
ing investments in new checkpoint screening tech-
nologies 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-
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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. 641. 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 
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benchmarks for replacing explosive detection equipment 
that is nearing the end of its life cycle. 
SEC. 642. 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 up-front capital in-
vestment required, these systems have not been de-
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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. 
(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; 
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(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. 643. INSPECTOR GENERAL REPORT ON CERTAIN POLI-
CIES 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 
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necessary to ensure an alert and responsible workforce of 
Federal air marshals. 
SEC. 644. 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. 645. 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 
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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 
until December 31, 2015, the Comptroller General shall 
review the air cargo screening system for inbound pas-
senger 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 screening system’s implementa-
tion.’’. 
SEC. 646. 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-
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ticipation by shippers with robust and mature internal se-
curity programs. 
SEC. 647. 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. 
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SEC. 648. TRUSTED PASSENGER/REGISTERED TRAVELER 
PROGRAM. 
(a) ASSESSMENTS
AND BACKGROUND CHECKS.— 
Subject to paragraph (2) and not later than 120 days 
after the date of enactment of this Act, to enhance avia-
tion security through risk management at airport check-
points through use of a trusted passenger program, com-
monly referred to as the Registered Traveler program, es-
tablished pursuant to section 109(a)(3) of the Aviation 
Transportation Security Act (115 Stat. 597), the Assist-
ant Secretary shall— 
(1) reinstate an initial and continuous security 
threat assessment program as part of the Registered 
Traveler enrollment process; and 
(2) allow Registered Traveler providers to per-
form private sector background checks as part of 
their enrollment process with assurance that the pro-
gram shall be undertaken in a manner consistent 
with constitutional privacy and civil liberties protec-
tions and be subject to approval and oversight by 
the Assistant Secretary. 
(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 
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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 
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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. 649. 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. 650. 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. 
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SEC. 651. 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 
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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. 
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SEC. 652. ESTABLISHMENT OF APPEAL AND REDRESS 
PROCESS FOR INDIVIDUALS WRONGLY DE-
LAYED OR PROHIBITED FROM BOARDING A 
FLIGHT, OR DENIED A RIGHT, BENEFIT, OR 
PRIVILEGE. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 890A. APPEAL AND REDRESS PROCESS FOR PAS-
SENGERS WRONGLY DELAYED OR PROHIB-
ITED FROM BOARDING A FLIGHT, OR DENIED 
A RIGHT, BENEFIT, OR PRIVILEGE. 
‘‘(a) ESTABLISHMENT.—Not later than 30 days after 
the date of the enactment of this section, the Secretary 
shall establish a timely and fair process for individuals 
who believe they were delayed or prohibited from boarding 
a commercial aircraft or denied a right, benefit, or privi-
lege because they were wrongly identified as a threat when 
screened against any terrorist watchlist or database used 
by the Transportation Security Administration (TSA) or 
any office or component of the Department. 
‘‘(b) OFFICE OF APPEALS AND REDRESS.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish in the Department an Office of Appeals and 
Redress to implement, coordinate, and execute the 
process established by the Secretary pursuant to 
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subsection (a). The Office shall include representa-
tives from the TSA and such other offices and com-
ponents of the Department as the Secretary deter-
mines appropriate. 
‘‘(2) COMPREHENSIVE
CLEARED
LIST.—The 
process established by the Secretary pursuant to 
subsection (a) shall include the establishment of a 
method by which the Office, under the direction of 
the Secretary, will maintain and appropriately dis-
seminate a comprehensive list, to be known as the 
‘Comprehensive Cleared List’, of individuals who— 
‘‘(A) were misidentified as an individual on 
any terrorist watchlist or database; 
‘‘(B) completed an approved Department 
of Homeland Security appeal and redress re-
quest and provided such additional information 
as required by the Department to verify the in-
dividual’s identity; and 
‘‘(C) permit the use of their personally 
identifiable information to be shared between 
multiple Departmental components for purposes 
of this section. 
‘‘(3) 
USE
OF
COMPREHENSIVE
CLEARED 
LIST.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
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‘‘(i) except as provided in subpara-
graph (B), transmit to the TSA or any 
other appropriate office or component of 
the Department, other Federal, State, 
local, and tribal entities, and domestic air 
carriers and foreign air carriers that use 
any terrorist watchlist or database, the 
Comprehensive Cleared List and any other 
information the Secretary determines nec-
essary to resolve misidentifications and im-
prove the administration of the advanced 
passenger prescreening system and reduce 
the number of false positives; and 
‘‘(ii) ensure that the Comprehensive 
Cleared List is taken into account by all 
appropriate offices or components of the 
Department when assessing the security 
risk of an individual. 
‘‘(B) TERMINATION.— 
‘‘(i) IN GENERAL.—The transmission 
of the Comprehensive Cleared List to do-
mestic air carriers and foreign air carriers 
under clause (i) of subparagraph (A) shall 
terminate on the date on which the Fed-
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eral Government assumes terrorist watch-
list or database screening functions. 
‘‘(ii) WRITTEN NOTIFICATION TO CON-
GRESS.—Not later than 15 days after the 
date on which the transmission of the 
Comprehensive Cleared List to the air car-
riers referred to in clause (i) of this sub-
paragraph terminates in accordance with 
such clause, the Secretary shall provide 
written notification to the Committee on 
Homeland Security of the House of Rep-
resentatives and the Committee on Com-
merce, Science, and Transportation and 
the Committee on Homeland Security and 
Governmental Affairs of the Senate of such 
termination. 
‘‘(4) 
INTERGOVERNMENTAL
EFFORTS.—The 
Secretary may— 
‘‘(A) enter into memoranda of under-
standing with other Federal, State, local, and 
tribal agencies or entities, as necessary, to im-
prove the appeal and redress process and for 
other purposes such as to verify an individual’s 
identity and personally identifiable information; 
and 
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‘‘(B) work with other Federal, State, local, 
and tribal agencies or entities that use any ter-
rorist watchlist or database to ensure, to the 
greatest extent practicable, that the Com-
prehensive Cleared List is considered when as-
sessing the security risk of an individual. 
‘‘(5) HANDLING OF PERSONALLY IDENTIFIABLE 
INFORMATION.—The Secretary, in conjunction with 
the Chief Privacy Officer of the Department, shall— 
‘‘(A) require that Federal employees of the 
Department handling personally identifiable in-
formation of individuals (in this paragraph re-
ferred to as ‘PII’) complete mandatory privacy 
and security training prior to being authorized 
to handle PII; 
‘‘(B) ensure that the information main-
tained under this subsection is secured by 
encryption, including one-way hashing, data 
anonymization techniques, or such other equiva-
lent technical security protections as the Sec-
retary determines necessary; 
‘‘(C) limit the information collected from 
misidentified passengers or other individuals to 
the minimum amount necessary to resolve an 
appeal and redress request; 
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‘‘(D) ensure that the information main-
tained under this subsection is shared or trans-
ferred via an encrypted data network that has 
been audited to ensure that the anti-hacking 
and other security related software functions 
perform properly and are updated as necessary; 
‘‘(E) ensure that any employee of the De-
partment receiving the information maintained 
under this subsection handles such information 
in accordance with section 552a of title 5, 
United States Code, the Federal Information 
Security Management Act of 2002 (Public Law 
107–296), and other applicable laws; 
‘‘(F) only retain the information main-
tained under this subsection for as long as 
needed to assist the individual traveler in the 
appeal and redress process; 
‘‘(G) engage in cooperative agreements 
with appropriate Federal agencies and entities, 
on a reimbursable basis, to ensure that legal 
name changes are properly reflected in any ter-
rorist watchlist or database and the Com-
prehensive Cleared List to improve the appeal 
and redress process and to ensure the most ac-
curate lists of identifications possible (except 
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that section 552a of title 5, United States 
Code, shall not prohibit the sharing of legal 
name changes among Federal agencies and en-
tities for the purposes of this section); and 
‘‘(H) conduct and publish a privacy impact 
assessment of the appeal and redress process 
established under this section and transmit the 
assessment to the Committee on Homeland Se-
curity of the House of Representatives, and the 
Committee on Commerce, Science, and Trans-
portation and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate. 
‘‘(6) INITIATION
OF
APPEAL
AND
REDRESS 
PROCESS AT AIRPORTS.—At each airport at which— 
‘‘(A) the Department has a presence, the 
Office shall provide written information to air 
carrier passengers to begin the appeal and re-
dress process established pursuant to subsection 
(a); and 
‘‘(B) the Department has a significant 
presence, provide the written information re-
ferred to in subparagraph (A) and ensure a 
TSA supervisor who is trained in such appeal 
and redress process is available to provide sup-
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135 
port to air carrier passengers in need of guid-
ance concerning such process. 
‘‘(7) REPORT TO CONGRESS.—Not later than 
240 days after the date of the enactment of this sec-
tion, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate a re-
port on the status of information sharing among 
users at the Department of any terrorist watchlist or 
database. The report shall include the following in-
formation: 
‘‘(A) A description of the processes and the 
status of the implementation of this section to 
share the Comprehensive Cleared List with 
other Department offices and components and 
other Federal, State, local, and tribal authori-
ties that utilize any terrorist watchlist or data-
base. 
‘‘(B) A description of the extent to which 
such other Department offices and components 
are taking into account the Comprehensive 
Cleared List. 
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‘‘(C) Data on the number of individuals 
who have sought and successfully obtained re-
dress through the Office of Appeals and Re-
dress. 
‘‘(D) Data on the number of individuals 
who have sought and were denied redress 
through the Office of Appeals and Redress. 
‘‘(E) An assessment of what impact infor-
mation sharing of the Comprehensive Cleared 
List has had on misidentifications of individuals 
who have successfully obtained redress through 
the Office of Appeals and Redress. 
‘‘(F) An updated privacy impact assess-
ment. 
‘‘(c) TERRORIST WATCHLIST
OR DATABASE DE-
FINED.—In this section, the term ‘terrorist watchlist or 
database’ means any terrorist watchlist or database used 
by the Transportation Security Administration or any of-
fice or component of the Department of Homeland Secu-
rity or specified in Homeland Security Presidential Direc-
tive–6, in effect as of the date of the enactment of this 
section.’’. 
(b) INCORPORATION OF SECURE FLIGHT.—Section 
44903(j)(2) of title 49, United States Code, is amended— 
(1) in subparagraph (C)(iii)— 
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(A) 
by 
redesignating 
subclauses 
(II) 
through (VII) as subclauses (III) through 
(VIII), respectively; and 
(B) by inserting after subclause (I) the fol-
lowing new subclause: 
‘‘(II) ensure, not later than 30 
days after the date of the enactment 
of the Counterterrorism Enhancement 
and Department of Homeland Secu-
rity Authorization Act, that the proce-
dure established under subclause (I) 
is incorporated into the appeals and 
redress process established under sec-
tion 890A of the Homeland Security 
Act of 2002;’’; 
(2) in subparagraph (E)(iii), by inserting before 
the period at the end the following: ‘‘, in accordance 
with the appeals and redress process established 
under section 890A of the Homeland Security Act of 
2002’’; and 
(3) in subparagraph (G)— 
(A) in clause (i), by adding at the end the 
following new sentence: ‘‘The Assistant Sec-
retary shall incorporate the process established 
pursuant to this clause into the appeals and re-
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138 
dress process established under section 890A of 
the Homeland Security Act of 2002.’’; and 
(B) in clause (ii), by adding at the end the 
following new sentence: ‘‘The Assistant Sec-
retary shall incorporate the record established 
and maintained pursuant to this clause into the 
Comprehensive Cleared List established and 
maintained under such section 890A.’’. 
(c) CONFORMING AMENDMENT.—Title 49, United 
States Code, is amended by striking section 44926 (and 
the item relating to such section in the analysis for chap-
ter 449 of title 49). 
(d) CLERICAL AMENDMENT.—Section 1(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 
amended by inserting after the item relating to section 
890 the following new item: 
‘‘Sec. 890A. Appeal and redress process for passengers wrongly delayed or pro-
hibited from boarding a flight, or denied a right, benefit, or 
privilege.’’. 
SEC. 653. PERSONAL 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 
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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. 
(b) DEFINITION.—In this section the term ‘‘protec-
tive equipment’’ includes surgical masks and N95 masks. 
SEC. 654. 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-
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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). 
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141 
SEC. 655. REPORT ON COMMERCIAL AVIATION SECURITY 
PLANS. 
Not later than one year 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 
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(4) identifies funding sources, including grant 
programs, to implement improved security methods 
at such airports. 
SEC. 656. 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 
10 seconds without impeding the movement of individuals. 
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143 
SEC. 657. 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 As-
sistant 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; 
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‘‘(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 Assistant Secretary may waive any 
requirement for an analysis that estimates the 
number of lives that will be saved by the regula-
tion or security directive or the cost basis for 
carrying out the regulation or security directive 
if the Assistant Secretary determines that it is 
not feasible to make such an estimate.’’; and 
(3) by adding at the end the following: 
‘‘(5) RULEMAKING REQUIRED.—The Assistant 
Secretary shall, to the maximum extent possible, en-
sure that a regulation or security directive issued 
under paragraph (2) that remains effective, with or 
without revision, for a period of more than 180 days 
is subject to a rulemaking pursuant to subchapter II 
of chapter 5 of title 5, except that nothing in this 
paragraph shall require the disclosure of information 
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otherwise protected from public disclosure under law 
or regulation.’’. 
(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. 
SEC. 658. GENERAL AVIATION NEGOTIATED RULEMAKING. 
(a) NEGOTIATED RULEMAKING COMMITTEE.—Sub-
ject to subsection (b), the Secretary may not issue a rule, 
interim final rule, or a new rulemaking intended to ad-
dress, in whole or in part, the proposed rulemaking enti-
tled ‘‘Large Aircraft Security Program, Other Aircraft 
Operator Security Program, and Airport Operator Secu-
rity Program (TSA–2008–0021)’’ unless the Secretary— 
(1) establishes a negotiated rulemaking com-
mittee in accordance with the requirements for es-
tablishing an advisory committee under section 871 
of the Homeland Security Act of 2002 (6 U.S.C. 
451); and 
(2) receives a written report from the advisory 
committee chosen pursuant to paragraph (1) de-
scribing in detail its findings and recommendations. 
(b) RULE EXCEPTION.— 
(1) URGENT
THREAT.—The Secretary may 
issue a rule prohibited by subsection (a) if the Sec-
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retary determines, based on a credible and urgent 
threat, that an emergency exists that necessitates 
the immediate issuance of such a rule to save lives 
or protect property. 
(2) REVIEW
OF
EMERGENCY
DETERMINA-
TION.—Not later than 30 days after such a rule is 
issued under this subsection, the Inspector General 
of the Department of Homeland Security shall deter-
mine if a credible and urgent threat existed that ne-
cessitated issuing an immediate rule and report its 
findings to the Committees on Homeland Security 
and Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
Subtitle C—Surface Transportation 
Security 
SEC. 661. SENSE OF CONGRESS REGARDING SECURING 
SURFACE TRANSPORTATION SYSTEMS. 
(a) FINDINGS.—The Congress finds that— 
(1) the Transportation Security Administration 
is uniquely positioned to lead the efforts to secure 
our Nation’s rail and mass transit systems and other 
modes of surface transportation against terrorist at-
tack and should leverage the investments and exper-
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tise developed from securing our Nation’s commer-
cial air transportation system; 
(2) the successes of the Transportation Security 
Administration’s National Explosives Detection Ca-
nine Team Program has furthered the Transpor-
tation Security Administration’s ability to secure our 
Nation’s transportation systems against terrorist at-
tack by preventing and protecting against explosives 
threats; 
(3) each weekday approximately 11,300,000 
passengers depend on our Nation’s mass transit sys-
tems as a means of transportation; 
(4) rail and mass transit systems serve as an 
enticing target for terrorists and terrorist organiza-
tions, such as Al Qaeda, as evidenced by the March 
11, 2004, attack on the Madrid, Spain, rail system, 
the July 7, 2005, attack on the London, England, 
mass transit system, and the July 11, 2006, and 
November 26, 2008, attacks on the Mumbai, India, 
rail system; 
(5) the Transportation Security Administration 
Authorization Act of 2009, which was passed by the 
House of Representatives on June 4, 2009, in an 
overwhelming and bipartisan manner, expresses Con-
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gress’ commitment to bolstering the security of rail 
and mass transit systems; and 
(6) securing our Nation’s rail and mass transit 
systems against terrorist attack and other security 
threats is essential due to their impact on our Na-
tion’s economic stability and the continued func-
tioning of our national economy. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that the Transportation Security Administration 
should— 
(1) continue to enhance security against ter-
rorist attack and other security threats to our Na-
tion’s rail and mass transit systems and other modes 
of surface transportation; 
(2) continue expansion of the National Explo-
sives Detection Canine Team Program, which has 
proven to be an effective tool in securing against ex-
plosives threats to our Nation’s rail and mass transit 
systems, with particular attention to the application 
of its training standards and the establishment of a 
reliable source of domestically bred canines; 
(3) improve upon the success of the Online 
Learning Center by providing increased person-to- 
person professional development programs to ensure 
those responsible for securing our surface transpor-
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tation systems against terrorist attack are highly 
trained in both securing those systems against ter-
rorist attack and professional relations with the 
traveling public; and 
(4) continue to secure our Nation’s mass tran-
sit and rail systems against terrorist attack and 
other security threats, so as to ensure the security 
of commuters on our Nation’s rail and mass transit 
systems and prevent the disruption of rail lines crit-
ical to our Nation’s economy. 
SEC. 662. 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. 663. SURFACE TRANSPORTATION SECURITY INSPEC-
TION PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
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(1) Surface transportation security inspectors 
assist passenger rail stakeholders in identifying secu-
rity gaps through Baseline Assessment for Security 
Enhancement (‘‘BASE’’) reviews, monitor freight 
rail stakeholder efforts to reduce the risk that toxic 
inhalation hazard shipments pose to high threat 
urban areas through Security Action Item (‘‘SAI’’) 
reviews, and assist in strengthening chain of custody 
security. 
(2) Surface transportation security inspectors 
play a critical role in building and maintaining work-
ing relationships with transit agencies and acting as 
liaisons between such agencies and the Transpor-
tation Security Operations Center, relationships 
which are vital to effective implementation of the 
surface transportation security mission. 
(3) In December 2006, the Transportation Se-
curity Administration shifted from a system in which 
surface transportation security inspectors reported 
to surface-focused supervisors to a system in which 
inspectors report to aviation-focused supervisors in 
the field; a shift which has resulted in a strained 
chain of command, misappropriation of inspectors to 
nonsurface activities, the hiring of senior-level in-
spectors with no surface qualifications, and signifi-
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cant damage to relationships with transit agencies 
and inspector morale. 
(b) SURFACE TRANSPORTATION SECURITY INSPEC-
TION OFFICE.—Section 1304 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1113) is amended— 
(1) by redesignating subsections (c) through (j) 
as subsections (b) through (i), respectively; and 
(2) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) SURFACE TRANSPORTATION SECURITY INSPEC-
TION OFFICE.— 
‘‘(1) ESTABLISHMENT.—The Secretary, acting 
through the Assistant Secretary, shall establish an 
office to be known as the Surface Transportation 
Security Inspection Office (in this section referred to 
as the ‘Office’). 
‘‘(2) MISSION.—The Secretary shall use the Of-
fice to train, employ, and utilize surface transpor-
tation security inspectors to— 
‘‘(A) assist surface transportation carriers, 
operators, owners, entities, and facilities to en-
hance their security against terrorist attacks 
and other security threats; and 
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‘‘(B) assist the Secretary in enforcing ap-
plicable surface transportation security regula-
tions and directives. 
‘‘(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 through 
the efficient and appropriate use of surface 
transportation 
security 
inspectors 
and 
strong working relationships with surface 
transportation security stakeholders. 
‘‘(B) DEPUTY DIRECTOR.—There shall be 
a Deputy Director of the Office, who shall— 
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‘‘(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-
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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.’’. 
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(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 200 additional surface transportation security in-
spectors 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 
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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; 
‘‘(B) an evaluation of whether authorizing 
surface transportation security inspectors to ob-
tain or possess law enforcement qualifications 
or status would enhance the capacity of the Of-
fice to take an active role in the Department’s 
surface transportation security operations; and 
‘‘(C) any other potential functions relating 
to surface transportation security the Secretary 
determines appropriate.’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 
1304 of such Act (6 U.S.C. 1113) is amended by adding 
at the end the following: 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—From 
amounts made available under section 611 of the Trans-
portation Security Administration Authorization Act, 
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there are authorized to be appropriated such sums as may 
be necessary to the Secretary to carry out this section for 
fiscal year 2011.’’. 
(h) CONFORMING AMENDMENT.—Section 1304(b) of 
such Act (6 U.S.C. 1113(b)), as redesignated by sub-
section (b) of this section, is amended by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (d)’’. 
SEC. 664. 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 
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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 611 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 year 2011.’’. 
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SEC. 665. 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-
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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 stakehold-
ers, including those represented on the Ad-
visory 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. 
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‘‘(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-
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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. 
‘‘(2) MEETINGS.—The working group shall 
meet at least semiannually and provide annual re-
ports to the Assistant Secretary with recommenda-
tions to improve the Transportation Security Admin-
istration’s initiatives relating to passenger rail, over- 
the-road bus, and public transportation security, in-
cluding grant, training, inspection, or other relevant 
programs authorized in titles XIII and XIV, and 
subtitle C of title XV of this Act. 
‘‘(3) MEMBERSHIP.—The working group shall 
be composed of members from the Advisory Com-
mittee with expertise in public transportation, over- 
the-road bus, or passenger rail systems and oper-
ations, all appointed by the Assistant Secretary. 
‘‘(4) REPORTS.— 
‘‘(A) IN
GENERAL.—The working group 
shall prepare and submit reports to the Assist-
ant Secretary in accordance with this para-
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graph that provide recommendations as de-
scribed in paragraphs (1) and (2). 
‘‘(B) SUBMISSION.—Not later than one 
year after the date of enactment of the Trans-
portation Security Administration Authorization 
Act, and on an annual basis thereafter, the 
working group shall submit a report on the 
findings and recommendations developed under 
subparagraph (A) to the Assistant Secretary. 
‘‘(e) FREIGHT RAIL SECURITY WORKING GROUP.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish within the Advisory Committee a 
freight rail security working group to provide rec-
ommendations for successful implementation of ini-
tiatives relating to freight rail security proposed by 
the Transportation Security Administration in ac-
cordance with statutory requirements, including rel-
evant grant programs and security training provi-
sions. 
‘‘(2) MEETINGS.—The working group shall 
meet at least semiannually and provide annual re-
ports to the Assistant Secretary with recommenda-
tions to improve the Transportation Security Admin-
istration’s initiatives relating to freight rail security, 
including grant, training, inspection, or other rel-
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evant programs authorized in titles XIII and XV of 
this Act. 
‘‘(3) MEMBERSHIP.—The working group shall 
be composed of members from the Advisory Com-
mittee with expertise in freight rail systems and op-
erations, all appointed by the Assistant Secretary. 
‘‘(4) REPORTS.— 
‘‘(A) IN
GENERAL.—The working group 
shall prepare and submit reports to the Assist-
ant Secretary in accordance with this para-
graph that provide recommendations as de-
scribed in paragraphs (1) and (2). 
‘‘(B) SUBMISSION.—Not later than one 
year after the date of enactment of the Trans-
portation Security Administration Authorization 
Act, and on an annual basis thereafter, the 
working group shall submit a report on the 
findings and recommendations developed under 
subparagraph (A) to the Assistant Secretary.’’. 
(b) CONFORMING AMENDMENT.—Section 1(b) of the 
Implementing Recommendations of the 9/11 Commission 
Act of 2007 (Public Law 110–53) is amended by adding 
at the end of title XIII (Transportation Security Enchant-
ments) the following: 
‘‘Sec. 1311. Transit Security Advisory Committee.’’. 
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SEC. 666. HUMAN CAPITAL PLAN FOR SURFACE TRANSPOR-
TATION SECURITY PERSONNEL. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Assistant Secretary 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a human capital plan for hiring, training, managing, 
and compensating surface transportation security per-
sonnel, including surface transportation security inspec-
tors. 
(b) CONSULTATION.—In developing the human cap-
ital plan, the Assistant Secretary shall consult with the 
chief human capital officer of the Department of Home-
land Security, the Director of the Surface Transportation 
Security Inspection Office, the Inspector General of the 
Department of Homeland Security, and the Comptroller 
General. 
(c) APPROVAL.—Prior to submission, the human cap-
ital plan shall be reviewed and approved by the chief 
human capital officer of the Department of Homeland Se-
curity. 
SEC. 667. SURFACE TRANSPORTATION SECURITY TRAIN-
ING. 
(a) STATUS REPORT.—Not later than 30 days after 
the date of enactment of this Act, the Secretary shall sub-
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mit a report to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate on the status of the Department’s implementation of 
sections 1408, 1517, and 1534 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1137, 1167, and 1184), including detailed time-
frames for development and issuance of the transportation 
security training regulations required under such sections. 
(b) PRIVATE PROVIDERS.—Not later than one year 
after the date of enactment of this Act, the Assistant Sec-
retary shall identify criteria and establish a process for 
approving and maintaining a list of approved private 
third-party providers of security training with whom sur-
face transportation entities may enter into contracts, as 
needed, for the purpose of satisfying security training re-
quirements of the Department of Homeland Security, in-
cluding requirements developed under sections 1408, 
1517, and 1534 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 
1167, and 1184). 
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SEC. 668. IMPROVEMENT OF PUBLIC TRANSPORTATION SE-
CURITY ASSISTANCE. 
(a) IN GENERAL.—Section 1406 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1135; Public Law 110–53) is amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (B), by inserting 
‘‘bollards,’’ after ‘‘including’’; and 
(B) in subparagraph (D), by inserting 
after ‘‘including’’ the following: ‘‘projects for 
the purpose of demonstrating or assessing the 
capability of such systems and’’; 
(2) by redesignating subsections (e) through (k) 
as subsections (f) through (l), respectively; 
(3) by redesignating subsections (l) and (m) as 
subsections (n) and (o), respectively; 
(4) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) PROCEDURE.— 
‘‘(1) TIMELINE.— 
‘‘(A) AVAILABILITY
OF
APPLICATIONS.— 
Applications for grants under this section for a 
grant cycle shall be made available to eligible 
applicants not later than 30 days after the date 
of the enactment of the appropriations Act for 
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the Department of Homeland Security for the 
same fiscal year as the grant cycle. 
‘‘(B) SUBMISSION
OF
APPLICATIONS.—A 
public transportation agency that is eligible for 
a grant under this section shall submit an ap-
plication for a grant not later than 45 days 
after the applications are made available under 
subparagraph (A). 
‘‘(C) ACTION.—The Secretary shall make a 
determination approving or rejecting each appli-
cation submitted under subparagraph (B), no-
tify the applicant of the determination, and im-
mediately commence any additional processes 
required to allow an approved applicant to 
begin to receive grant funds by not later than 
60 days after date on which the Secretary re-
ceives the application. 
‘‘(2) PROHIBITION OF COST-SHARING REQUIRE-
MENT.—No grant under this section may require 
any cost-sharing contribution from the grant recipi-
ent or from any related State or local agency. 
‘‘(3) ANNUAL
REPORT.—Not later than the 
date that is 180 days after the last determination 
made under paragraph (1)(C) for a grant cycle, the 
Secretary shall submit to the Committees on Appro-
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priations and Homeland Security of the House of 
Representatives and the Committees on Appropria-
tions and Homeland Security and Governmental Af-
fairs of the Senate a report that includes a list of 
all grants awarded under this section for that grant 
cycle for which the grant recipient is not, as of such 
date, able to receive grant funds and an explanation 
of why such funds have not yet been released for use 
by the recipient. 
‘‘(4) PERFORMANCE.— 
‘‘(A) DURATION.—The performance period 
for grants made under this section shall be a 
period of time not less than 36 months in dura-
tion. 
‘‘(B) TIMING.—The performance period 
for any grant made under this section shall not 
begin to run until the recipient of the grant has 
been formally notified that funds provided 
under the terms of the grant have been released 
for use by the recipient.’’; 
(5) by inserting after subsection (l), as redesig-
nated by paragraph (2) of this section, the following 
new subsection (m): 
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‘‘(m) ACCESS.—The Secretary shall ensure that, for 
each grant awarded under this section, the Inspector Gen-
eral of the Department is authorized to— 
‘‘(1) examine any records of the grant recipient 
or any contractors or subcontractors with which the 
recipient enters into a contract, or any State or local 
agency, that directly pertain to and involve trans-
actions relating to grants under this section; and 
‘‘(2) interview any officer or employee of the re-
cipient, any contractors or subcontractors with 
which the recipient enters into a contract, or State 
or local agency regarding such transactions.’’; and 
(6) in subsection (o), as redesignated by para-
graph (3) of this section— 
(A) by striking paragraph (1) and insert-
ing the following new paragraph (1): 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary to make grants under 
this section $1,100,000,000 for fiscal year 2011, ex-
cept that not more than 30 percent of such funds 
may be used for operational costs under subsection 
(b)(2) of this section.’’; 
(B) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
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(C) by inserting after paragraph (2) the 
following new paragraph (3): 
‘‘(3) EXCEPTION.—The limitation on the per-
centage of funds that may be used for operational 
costs under paragraph (1) shall not apply to any 
costs involved with or relating to explosives detection 
canine teams acquired or used for the purpose of se-
curing public transportation systems or facilities.’’. 
(b) TECHNICAL ASSISTANCE PILOT PROGRAM.— 
(1) PILOT PROGRAM REQUIRED.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
Assistant Secretary shall conduct and complete 
a pilot program to provide grants to not more 
than 7 public transportation agencies eligible 
for security grants under section 1406 of the 
Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1135; Pub-
lic Law 110–53) for the purpose of obtaining 
external technical support and expertise to as-
sist such agencies in conducting comprehensive 
security risk assessments of public transpor-
tation systems, resources, and facilities. 
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(B) METHODOLOGY.—Not later than 90 
days after the date of the enactment of this 
Act, the Assistant Secretary shall identify— 
(i) a comprehensive risk methodology 
for conducting comprehensive security risk 
assessments using grants made under this 
subsection that accounts for all three ele-
ments of risk, including threat, vulner-
ability, and consequence; and 
(ii) an approved third-party provider 
of technical support and expertise for the 
purpose of providing external assistance to 
grantees in conducting comprehensive se-
curity risk assessments. 
(C) PARTICIPANTS.— 
(i) IN GENERAL.—In selecting public 
transportation agencies to participate in 
the pilot program, the Assistant Secretary 
shall approve eligible agencies based on a 
combination of factors, including risk, 
whether the agency has completed a com-
prehensive security risk assessment re-
ferred to in subparagraph (B)(i) within a 
year preceding the date of enactment of 
this Act, and geographic representation. 
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(ii) PRIOR
EFFORTS.—No eligible 
public transportation agency may be de-
nied participation in the pilot program on 
the grounds that it has applied for other 
grants administered by the Department for 
the purpose of conducting a comprehensive 
security risk assessment. 
(D) PROHIBITIONS.—In carrying out the 
pilot program the Assistant Secretary shall en-
sure that— 
(i) grants awarded under the pilot 
program shall supplement and not replace 
other sources of Federal funding; 
(ii) other sources of Federal funding 
are not taken into consideration when as-
sistance is awarded under the pilot pro-
gram; and 
(iii) no aspect of the pilot program is 
conducted or administered by a component 
of the Department other than the Trans-
portation Security Administration. 
(2) REPORT.—Not later than 180 days after 
the completion of the pilot program, the Assistant 
Secretary shall submit to the Committee on Home-
land Security of the House of Representatives a re-
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port on the results of the pilot program, including 
an analysis of the feasibility and merit of expanding 
the pilot program to a permanent program and any 
recommendations determined appropriate by the As-
sistant Secretary. 
(3) AUTHORIZATION OF APPROPRIATIONS.—Of 
amounts made available pursuant to section 611 for 
fiscal year 2011, $7,000,000 shall be available to the 
Assistant Secretary to carry out this subsection. Any 
amount made available to the Assistant Secretary 
pursuant to this paragraph shall remain available 
until the end of fiscal year 2012. 
(c) REPORT
ON
RECOMMENDATIONS
OF
COMP-
TROLLER GENERAL.— 
(1) REPORT
REQUIRED.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of Homeland Security 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 
report on the status of the Secretary’s implementa-
tion of the recommendations of the Comptroller Gen-
eral with respect to the improvement of the adminis-
tration of security grants under section 1406 of the 
Implementing Recommendations of the 9/11 Com-
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mission Act of 2007 (6 U.S.C. 1135; Public Law 
110–53). 
(2) REVIEW BY INSPECTOR GENERAL.—Before 
the Secretary submits the report required under 
paragraph (1), the report shall be reviewed by the 
Inspector General of the Department of Homeland 
Security. When the Secretary submits the report to 
Congress under paragraph (1), the Secretary shall 
include with the report documentation verifying that 
the report was reviewed by the Inspector General in 
accordance with this paragraph. 
SEC. 669. INTERNATIONAL LESSONS LEARNED FOR SECUR-
ING PASSENGER RAIL AND PUBLIC TRANS-
PORTATION SYSTEMS. 
(a) FINDINGS.—Congress finds that— 
(1) numerous terrorist attacks since September 
11, 2001, have targeted passenger rail or public 
transportation systems; 
(2) nearly 200 people were killed and almost 
2,000 more were injured when terrorists set off 10 
simultaneous explosions on 4 commuter trains in 
Madrid, Spain, on March 11, 2004; 
(3) 50 people were killed and more than 700 in-
jured in successive bombings of 3 transit stations 
and a public bus in London, England, on July 7, 
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2005, and a second attack against 4 similar targets 
on July 21, 2005, failed because of faulty deto-
nators; 
(4) more than 200 people were killed and more 
than 700 injured in simultaneous terrorist bombings 
of commuter trains on the Western Line in the sub-
urbs of Mumbai, India, on July 11, 2006; 
(5) the acts of terrorism in Mumbai, India, on 
November 26, 2008, included commando-style at-
tacks on a major railway station; and 
(6) a disproportionately low amount of atten-
tion and resources have been devoted to surface 
transportation security by the Department of Home-
land Security, including the security of passenger 
rail and public transportation systems, as compared 
with aviation security, which has been the primary 
focus of Federal transportation security efforts gen-
erally, and of the Transportation Security Adminis-
tration in particular. 
(b) STUDY.—The Comptroller General shall conduct 
a study on the efforts undertaken by the Secretary and 
Assistant Secretary, as well as other entities determined 
by the Comptroller General to have made significant ef-
forts, since January 1, 2004, to learn from foreign nations 
that have been targets of terrorist attacks on passenger 
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rail and public transportation systems in an effort to iden-
tify lessons learned from the experience of such nations 
to improve the execution of Department functions to ad-
dress transportation security gaps in the United States. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of enactment of this Act, the Comp-
troller General shall submit to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a report on the re-
sults of the study. The report shall also include an 
analysis of relevant conflicts of law that may affect 
the ability of the Department to apply lessons 
learned. 
(2) 
RECOMMENDATIONS.—The 
Comptroller 
General shall include in the report recommendations 
on how the Department and its components, includ-
ing the Transportation Security Administration, can 
expand efforts to learn from the expertise and the 
security practices of passenger rail and public trans-
portation systems in foreign nations that have expe-
rienced terrorist attacks on such systems. 
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178 
SEC. 670. UNDERWATER TUNNEL SECURITY DEMONSTRA-
TION PROJECT. 
(a) DEMONSTRATION PROJECT.—The Assistant Sec-
retary, in consultation with the Under Secretary for 
Science and Technology, shall conduct a full-scale dem-
onstration project to test and assess the feasibility and 
effectiveness of certain technologies to enhance the secu-
rity of underwater public transportation tunnels against 
terrorist attacks involving the use of improvised explosive 
devices. 
(b) INFLATABLE PLUGS.— 
(1) IN GENERAL.—At least one of the tech-
nologies tested under subsection (a) shall be inflat-
able plugs that may be rapidly deployed to prevent 
flooding of a tunnel. 
(2) FIRST
TECHNOLOGY
TESTED.—Not later 
than 180 days after the date of enactment of this 
Act, the Assistant Secretary shall carry out a dem-
onstration project that tests the effectiveness of 
using inflatable plugs for the purpose described in 
paragraph (1). 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after completion of the demonstration project under this 
section, the Assistant Secretary shall submit a report to 
the appropriate committees of Congress, including the 
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Committee on Homeland Security of the House of Rep-
resentatives, on the results of the demonstration project. 
(d) AUTHORIZATION
OF APPROPRIATION.—Of the 
amounts made available under section 201 for fiscal year 
2011, $8,000,000 shall be available to carry out this sec-
tion. 
SEC. 671. PASSENGER RAIL SECURITY DEMONSTRATION 
PROJECT. 
(a) DEMONSTRATION PROJECT.—The Assistant Sec-
retary, in consultation with the Under Secretary for 
Science and Technology, shall conduct a demonstration 
project in a passenger rail system to test and assess the 
feasibility and effectiveness of technologies to strengthen 
the security of passenger rail systems against terrorist at-
tacks involving the use of improvised explosive devices. 
(b) SECURITY TECHNOLOGIES.—The demonstration 
project under this section shall test and assess tech-
nologies to— 
(1) detect improvised explosive devices on sta-
tion platforms, through the use of foreign object de-
tection programs in conjunction with cameras; and 
(2) defeat improvised explosive devices left on 
rail tracks. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after completion of the demonstration project under this 
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180 
section, the Assistant Secretary shall submit a report to 
the appropriate committees of Congress, including the 
Committee on Homeland Security of the House of Rep-
resentatives, on the results of the demonstration project. 
SEC. 672. EXPLOSIVES DETECTION CANINE TEAMS. 
Section 1307 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A), by striking 
‘‘2010’’ and inserting ‘‘2011’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) ALLOCATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
increase the number of canine teams certified 
by the Transportation Security Administration 
for the purpose of passenger rail and public 
transportation security activities to not less 
than 200 canine teams by the end of fiscal year 
2011. 
‘‘(B) COOPERATIVE
AGREEMENTS.—The 
Secretary shall expand the use of canine teams 
to enhance passenger rail and public transpor-
tation security by entering into cooperative 
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181 
agreements with passenger rail and public 
transportation agencies eligible for security as-
sistance under section 1406 of this Act for the 
purpose of deploying and maintaining canine 
teams to such agencies for use in passenger rail 
or public transportation security activities and 
providing for assistance in an amount not less 
than $75,000 for each canine team deployed, to 
be adjusted by the Secretary for inflation. 
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—From amounts made available under 
section 611 of the Transportation Security Ad-
ministration Authorization Act, there are au-
thorized to be appropriated to the Secretary 
such sums as may be necessary to carry out 
this paragraph for fiscal year 2011.’’; 
(2) in subsection (d)— 
(A) in paragraph (3), by striking ‘‘and’’; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting the following: ‘‘; 
and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) expand the use of canine teams trained to 
detect vapor wave trails in passenger rail and public 
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182 
transportation security environments, as the Sec-
retary, in consultation with the Assistant Secretary, 
determines appropriate.’’; 
(3) in subsection (e), by striking ‘‘, if appro-
priate,’’ and inserting ‘‘, to the extent practicable,’’; 
and 
(4) by striking subsection (f) and inserting the 
following new subsection (f): 
‘‘(f) REPORT.—Not later than one year after the date 
of the enactment of the Transportation Security Adminis-
tration Authorization Act, the Comptroller General shall 
submit to the appropriate congressional committees a re-
port on— 
‘‘(1) utilization of explosives detection canine 
teams to strengthen security in passenger rail and 
public transportation environments; 
‘‘(2) the capacity of the national explosive de-
tection canine team program as a whole to serve 
homeland security; and 
‘‘(3) how the Assistant Secretary could better 
support State and local passenger rail and public 
transportation entities in maintaining certified ca-
nine teams for the life of the canine, including by 
providing financial assistance.’’. 
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183 
SEC. 673. DEPUTY ASSISTANT SECRETARY FOR SURFACE 
TRANSPORTATION SECURITY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Transportation Security Administra-
tion’s capacity to address surface transportation se-
curity would be enhanced significantly by estab-
lishing a position of Deputy Assistant Secretary for 
Surface Transportation Security to lead the Trans-
portation Security Administration’s surface trans-
portation security mission; and 
(2) a Deputy Assistant Secretary for Surface 
Transportation Security could provide the focused 
leadership and resource management necessary to 
implement the policies and programs that are crit-
ical to securing surface transportation modes and 
ensure the effectiveness of the Surface Transpor-
tation Security Inspection Office, security policy and 
grant functions affecting surface transportation 
modes, and the Transit Security Advisory Com-
mittee. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date of enactment of this Act, the Inspec-
tor General of the Department of Homeland Secu-
rity shall submit to the Committee on Homeland Se-
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curity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate a report on the feasibility and 
merit of establishing a Deputy Assistant Secretary 
for Surface Transportation Security in the Trans-
portation Security Administration to reflect the re-
ality of security threats that are faced by all modes 
of transportation in the United States and also 
whether establishing the position of a Deputy Assist-
ant Secretary for Aviation Security would more ef-
fectively streamline or enhance the operational and 
policymaking capabilities of the Transportation Se-
curity Administration for all transportation modes. 
(2) RECOMMENDATIONS.—The Inspector Gen-
eral shall include in the report recommendations 
on— 
(A) the most effective and efficient ways to 
organize offices, functions, personnel, and pro-
grams of the Transportation Security Adminis-
tration under or among all respective Deputy 
Assistant Secretary positions to be created; 
(B) what offices, functions, personnel, and 
programs of the Transportation Security Ad-
ministration would best remain outside of the 
scope of any new Deputy Assistant Secretary 
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