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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Aviation Security Innovation &
Reform Act of 2010'' or the ''AIR Act of 2010''.

SEC. 2. CONTINUING SECURITY TRAINING.

Section 44935 of title 49, United States Code, is amended--
(1) by striking ''Under Secretary of Transportation for
Security'' each place it appears and inserting ''Assistant
Secretary of Homeland Security (Transportation Security
Administration)'';
(2) by striking ''Under Secretary'' each place it appears
and inserting ''Assistant Secretary'';
(3) by amending subsection (g) to read as follows:
''(g) Training.--
''(1) Training plan.--The Assistant Secretary shall
establish and implement a plan for the training of
Transportation Security Officers that--
''(A) to the maximum extent practicable, ensures
that the training received by Transportation Security
Officers is standardized; and
''(B) meets the requirements of this subsection.
''(2) General training requirements.--The plan required by
paragraph (1) shall require, at a minimum, that an individual
employed as a Transportation Security Officer--
''(A) receives, before the individual performs any
screening functions as a Transportation Security
Officer, training in basic security screening skills
and in criminal and antiterrorism awareness;
''(B) completes a program that the Assistant
Secretary determines will train individuals to a level
of proficiency to adequately perform on the job;
''(C) successfully completes an up-to-date
technical training examination prescribed by the
Assistant Secretary; and
''(D) in the case of a Transportation Security
Officer who will be responsible for verifying travel
documents, completes up-to-date technical training in
document fraud identification, as considered
appropriate by the Assistant Secretary.
''(3) Equipment-specific training.--An individual employed
as a Transportation Security Officer may not use any security
screening device or equipment in the scope of that individual's
employment unless the individual has been trained on that
device or equipment and has successfully completed a test on
the use of the device or equipment.
''(4) Continuing education.--The plan required by paragraph
(1) shall require an individual employed as a Transportation
Security Officer to receive annual training, as considered
appropriate by the Assistant Secretary.
''(5) Use of other agencies.--The Assistant Secretary may
enter into a memorandum of understanding or other arrangement
with any other Federal agency or department with appropriate
law enforcement responsibilities, to provide personnel,
resources, or other forms of assistance in the training of
Transportation Security Officers.'';
(4) by moving subsection (h) 2 ems to the left; and
(5) by redesignating the second subsection (i) (relating to
accessibility of computer-based training facilities) as
subsection (k).

SEC. 3. OFFICE OF BEHAVIOR ANALYSIS.

Section 114 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ''Department of
Transportation'' and inserting ''Department of Homeland
Security'';
(2) by striking ''Under Secretary of Transportation for
Security'' each place it appears and inserting ''Assistant
Secretary of Homeland Security (Transportation Security
Administration)'';
(3) by striking ''Under Secretary'' each place it appears
and inserting ''Assistant Secretary''; and
(4) by inserting after subsection (s) the following:
''(t) Office of Behavior Analysis.--
''(1) Establishment.--There is established in the
Transportation Security Administration the Office of Behavior
Analysis (in this subsection referred to as the 'Office').
''(2) Location.--The Office of Behavior Analysis shall be
within the Office of Security Operations of the Transportation
Security Administration in the Department of Homeland Security
and shall be headed by a Transportation Security Administration
career employee, who shall be appointed by the Assistant
Secretary of Homeland Security (Transportation Security
Administration).
''(3) Duties.--The head of the Office shall be responsible
for--
''(A) advising the Transportation Security
Administration and other Federal, State, and local
government law enforcement agencies on behavior
detection methodologies and best practices; and
''(B) providing behavior assessment training to law
enforcement personnel to facilitate the prevention of
terrorist attacks on aviation and mass transportation
systems.''.

SEC. 4. PARTNERSHIPS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES WITH
RESPECT TO BEHAVIOR DETECTION ACTIVITIES.

(a) In General.--The Assistant Secretary of Homeland Security
(Transportation Security Administration) (in this Act referred to as
the ''Assistant Secretary'') shall develop and maintain partnerships
with State and local law enforcement agencies--
(1) to improve the coordination of behavior detection
activities; and
(2) to deploy Transportation Security Officers of the
Transportation Security Administration that specialize in
techniques to identify high-risk individuals based on behavior
patterns (in this Act referred to as ''behavior detection
officers'') to serve as an additional layer of security and to
deter acts of terrorism at train and bus stations and other
infrastructure facilities.
(b) Collaboration in Training and Behavior Detection Activities.--
In implementing partnerships under subsection (a), the Assistant
Secretary shall--
(1) coordinate the provision of behavior detection training
for State and local law enforcement officers with similar
training provided for Transportation Security Officers of the
Transportation Security Administration; and
(2) provide behavior detection officers with the
opportunity to cross-train with State and local law enforcement
agencies and other Federal law enforcement agencies that are
responsible for protecting critical infrastructure facilities
and mass transit systems, as the Assistant Secretary considers
appropriate.

SEC. 5. ACCESS TO INFORMATION DATABASES.

The Assistant Secretary shall--
(1) provide a select group of behavior detection officers
at Passengers by Observation Techniques airports with an
appropriate level of security clearance to access law
enforcement and intelligence databases, to assist in verifying
a passenger's identity, and to assist in law enforcement
operations;
(2) require the Transportation Security Administration's
Transportation Security Operations Center to utilize all of the
law enforcement and intelligence databases available to the
Center when checking passengers that are at the law enforcement
official referral level; and
(3) standardize and streamline threat-reporting guidelines
to allow behavior detection officers or other designated
Transportation Security Administration officials to receive
information from the Transportation Security Operations Center
in a timely manner.

SEC. 6. STANDARDIZATION OF POLICIES OF THE TRANSPORTATION SECURITY
ADMINISTRATION.

The Assistant Secretary shall, to the maximum extent practicable,
continue to ensure the standardization of the security and personnel
procedures of the Transportation Security Administration at airports in
the United States, including by--
(1) requiring standard operating procedures to be
consistently enforced by the Transportation Security
Administration at each airport in the United States;
(2) standardizing career advancement policies based on
merit; and
(3) establishing timeframes and milestones for
systematically conducting evaluations of the Screening of
Passengers by Observation Techniques (SPOT) training program,
in order to ensure behavior detection officers possess the
knowledge and skills needed to perform their duties.

SEC. 7. DEPLOYMENT OF ADDITIONAL SECURITY.

The Assistant Secretary shall--
(1) deploy behavior detection officers to events designated
as National Special Security Events by the Secretary of
Homeland Security; and
(2) deploy Visible Intermodal Prevention and Response teams
at passenger rail facilities to enhance security and cross-
training opportunities for behavior detection officers.

SEC. 8. EMPLOYEE FEEDBACK.

The Assistant Secretary shall establish an electronic medium
through which security screening personnel and behavior detection
officers of the Transportation Security Administration may anonymously
submit feedback to the Assistant Secretary regarding--
(1) the effectiveness of transportation security programs;
and
(2) any management issue that such personnel or any such
Transportation Security Officer wish to bring to the attention
of the Assistant Secretary.
Aviation Security Innovation & Reform Act of 2010 or AIR Act of 2010 - Directs the Assistant Secretary of Homeland Security (Assistant Secretary) (Transportation Security Administration [TSA]) to prescribe employment standards for air carrier personnel and airport security personnel. (Under current law, the Under Secretary of Transportation for Security (Department of Transportation [DOT]) is required to prescribe such standards.)

Revises security screening personnel training plan requirements to require the Assistant Secretary to establish a training plan for TSA Transportation Security Officers (TSOs) that: (1) ensures that TSO training is standardized; and (2) meets certain other requirements, including that each TSO receives training in basic security screening skills and criminal and antiterrorism awareness.

Places the TSA, headed by the Assistant Secretary, under the administration of the Department of Homeland Security (DHS). (Effectively updates federal law to reflect the transfer of the TSA from DOT to DHS in March, 2003.)

Establishes in the TSA the Office of Behavior Analysis, which shall provide behavior assessment training to TSA and other federal, state, and local government law enforcement personnel.

Requires the Assistant Secretary to develop partnerships with state and local law enforcement agencies to: (1) improve coordination of behavior detection activities; and (2) deploy TSOs specializing in techniques to identify high-risk individuals based on behavior patterns (behavior detection officers) to serve as an additional layer of security and to deter terrorism at train and bus stations and other infrastructure facilities.

Directs the Assistant Secretary to: (1) provide a select group of behavior detection officers at Passengers by Observation Techniques airports with an appropriate level of security clearance to access law enforcement and intelligence databases, assist in verifying a passenger's identity, and assist in law enforcement operations; (2) require the TSA Transportation Security Operations Center to use all of the law enforcement and intelligence databases available when checking passengers at the law enforcement official referral level; and (3) standardize and streamline threat-reporting guidelines to allow behavior detection officers or other designated TSA officials to receive Center information in a timely manner.

Directs the Assistant Secretary to continue the standardization of TSA security and personnel procedures at U.S. airports.

Requires the Assistant Secretary to deploy: (1) behavior detection officers to National Special Security Events designated by the DHS Secretary; and (2) Visible Intermodal Prevention and Response teams at passenger rail facilities to enhance security and cross-training opportunities for behavior detection officers.

Directs the Assistant Secretary to establish an electronic medium through which TSOs and behavior detection officers may anonymously submit feedback regarding TSA transportation security programs or management issues.