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Counterterrorism Enhancement and Department of Homeland Security Authorization Act of 2010
Introduced Jun 24, 2010 · Last action Jul 26, 2010 — Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
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Summary
This legislation is called the Counterterrorism Enhancement and Department of Homeland Security Authorization Act of 2010. Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
Full bill text
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5590 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5590
To strengthen measures to protect the United States from terrorist
attacks and to authorize appropriations for the Department of Homeland
Security for fiscal year 2011, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2010
Mr. King of New York (for himself, Mr. Daniel E. Lungren of California,
Mr. Rogers of Alabama, Mr. McCaul, Mr. Dent, Mr. Bilirakis, Mr. Broun
of Georgia, Mrs. Miller of Michigan, Mr. Olson, Mr. Cao, and Mr.
Austria) introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committees on
Armed Services, Rules, the Judiciary, Energy and Commerce, and
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To strengthen measures to protect the United States from terrorist
attacks and to authorize appropriations for the Department of Homeland
Security for fiscal year 2011, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Counterterrorism
Enhancement and Department of Homeland Security Authorization Act of
2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Definitions.
TITLE I--COUNTERTERRORISM, INTELLIGENCE, AND INFORMATION SHARING
Sec. 101. Prohibition on use of Department of Justice funds to
prosecute individuals detained at Naval
Station, Guantanamo Bay, Cuba, in the
United States.
Sec. 102. Presidential certification.
Sec. 103. Provision of classified files.
Sec. 104. Ensuring the collection of critical intelligence.
Sec. 105. Report on the High Value Detainee Interrogation Group.
Sec. 106. Covert agent identity protection.
Sec. 107. Special Interagency Task Force on Detainee Disposition.
Sec. 108. Threat assessment relating to transfer of Guantanamo
detainees to the United States or its
territories.
Sec. 109. Habeas corpus.
Sec. 110. Violent radicalization and homegrown terrorism prevention.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
TITLE III--CONGRESSIONAL OVERSIGHT
Sec. 301. Congressional oversight.
TITLE IV--BORDER SECURITY
Sec. 401. Strategy to achieve control of the border.
Sec. 402. Maintaining border patrol staffing.
Sec. 403. Border technology and infrastructure.
Sec. 404. Unmanned aerial system deployment.
Sec. 405. Border security on public lands.
Sec. 406. Increase in port of entry inspection personnel.
Sec. 407. Maintaining border inspection expertise.
Sec. 408. Conversion of certain overseas limited appointments.
Sec. 409. Civil air patrol study.
Sec. 410. Implementation of US-VISIT.
Sec. 411. Northern border canine teams.
Sec. 412. Visa security program expansion.
Sec. 413. Visa revocation authority.
Sec. 414. Improved student visa screening and foreign student
monitoring.
TITLE V--ENFORCEMENT AND INVESTIGATIONS
Subtitle A--Border and Immigration Enforcement
Sec. 501. Increase in full-time immigration and customs enforcement
investigators.
Sec. 502. Mandatory detention for aliens apprehended at or between
ports of entry.
Sec. 503. Denial of admission to nationals of countries denying or
delaying acceptance of aliens.
Sec. 504. Alien transfer and reimbursement authority.
Subtitle B--United States Secret Service
Sec. 511. Authorization of the homeland security functions of the
United States Secret Service.
Sec. 512. Report on the United States Secret Service James J. Rowley
Training Center.
Sec. 513. Communications interoperability.
Sec. 514. International field offices.
TITLE VI--TRANSPORTATION SECURITY
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Authorities vested in Assistant Secretary.
Subtitle A--Authorization of Appropriations
Sec. 611. Authorization of appropriations.
Sec. 612. Risk-based system for allocation of resources.
Subtitle B--Aviation Security
Chapter 1--Amendments to Chapter 449
Sec. 621. Screening air cargo and checked baggage.
Sec. 622. Prohibition of advance notice of covert testing to security
screeners.
Sec. 623. Secure verification system for law enforcement officers.
Sec. 624. Ombudsman for Federal Air Marshal Service.
Sec. 625. Federal flight deck officer program enhancements.
Sec. 626. Federal air marshals.
Sec. 627. Assistant Secretary defined.
Sec. 628. TSA and homeland security information sharing.
Sec. 629. Aviation security stakeholder participation.
Sec. 630. General aviation security.
Sec. 631. Security and self-defense training.
Sec. 632. Security screening of individuals with metal implants
traveling in air transportation.
Sec. 633. Prohibition on outsourcing.
Sec. 634. Known air traveler credential.
Sec. 635. Advanced imaging technology.
Chapter 2--Other Matters
Sec. 636. Security risk assessment of airport perimeter access
controls.
Sec. 637. Advanced passenger prescreening system.
Sec. 638. Biometric identifier airport access enhancement demonstration
program.
Sec. 639. Transportation security training programs.
Sec. 640. Deployment of technology approved by science and technology
directorate.
Sec. 641. In-line baggage screening study.
Sec. 642. In-line checked baggage screening systems.
Sec. 643. Inspector General report on certain policies for Federal air
marshals.
Sec. 644. Explosives detection canine teams minimum for aviation
security.
Sec. 645. Assessments and GAO Report of inbound air cargo screening.
Sec. 646. Status of efforts to promote air cargo shipper certification.
Sec. 647. Full and open competition in security background screening
service.
Sec. 648. Trusted passenger/Registered Traveler program.
Sec. 649. Report on cabin crew communication.
Sec. 650. Air cargo crew training.
Sec. 651. Reimbursement for airports that have incurred eligible costs.
Sec. 652. Establishment of appeal and redress process for individuals
wrongly delayed or prohibited from boarding
a flight, or denied a right, benefit, or
privilege.
Sec. 653. Personal protective equipment.
Sec. 654. Security screening for members of the Armed Forces.
Sec. 655. Report on commercial aviation security plans.
Sec. 656. Study on combination of facial and iris recognition.
Sec. 657. Issuance of regulations and security directives using
emergency procedures.
Sec. 658. General aviation negotiated rulemaking.
Subtitle C--Surface Transportation Security
Sec. 661. Sense of Congress regarding securing surface transportation
systems.
Sec. 662. Assistant Secretary defined.
Sec. 663. Surface transportation security inspection program.
Sec. 664. Visible intermodal prevention and response teams.
Sec. 665. Surface Transportation Security stakeholder participation.
Sec. 666. Human capital plan for surface transportation security
personnel.
Sec. 667. Surface transportation security training.
Sec. 668. Improvement of public transportation security assistance.
Sec. 669. International lessons learned for securing passenger rail and
public transportation systems.
Sec. 670. Underwater tunnel security demonstration project.
Sec. 671. Passenger rail security demonstration project.
Sec. 672. Explosives detection canine teams.
Sec. 673. Deputy Assistant Secretary for surface transportation
security.
Sec. 674. Public hearings on security assistance grant program and the
restriction of security improvement
priorities.
Subtitle D--Transportation Security Enhancements
Chapter 1--Security Enhancements
Sec. 681. Report and recommendation for uniform security background
checks.
Sec. 682. Animal-propelled vessels.
Sec. 683. Requirements for issuance of transportation security cards;
access pending issuance; redundant
background checks.
Sec. 684. Harmonizing security card expirations.
Sec. 685. Pipeline security study.
Sec. 686. Transportation Security Administration centralized training
facility.
Chapter 2--SAFE Truckers Act of 2010
Sec. 691. Short title.
Sec. 692. Surface transportation security.
Sec. 693. Conforming amendment.
Sec. 694. Limitation on issuance of HAZMAT licenses.
Sec. 695. Deadlines and effective dates.
Sec. 696. Task force on disqualifying crimes.
TITLE VII--MARITIME SECURITY
Subtitle A--General Provisions
Sec. 701. Authorization of appropriations.
Sec. 702. Authorized levels of military strength and training.
Sec. 703. Admirals and Vice Admirals.
Sec. 704. Coast Guard commissioned officers: compulsory retirement.
Sec. 705. Commissioned officers.
Sec. 706. Administration of Maritime Security.
Sec. 707. Maritime security response teams.
Sec. 708. Maritime safety and security teams.
Sec. 709. Waterside security of certain dangerous cargo.
Sec. 710. Coast Guard vessels and aircraft.
Sec. 711. Laser Training System.
Sec. 712. Coast Guard detection canine team program expansion.
Sec. 713. Maritime biometric identification.
Sec. 714. Review of potential threats.
Sec. 715. Port security pilot.
Sec. 716. Seasonal workers.
Sec. 717. Pilot program for fingerprinting of maritime workers.
Sec. 718. Transportation security cards on vessels.
Sec. 719. International labor study.
Sec. 720. Maritime Security Advisory Committees.
Sec. 721. Seamen's shoreside access.
Sec. 722. Use of force against piracy.
Sec. 723. Agreements.
Sec. 724. Risk-based cargo security program.
Subtitle B--Alien Smuggling and Terrorism Prevention
Sec. 731. Short title.
Sec. 732. Findings.
Sec. 733. Checks against terrorist watchlist.
Sec. 734. Strengthening prosecution and punishment of alien smugglers.
Sec. 735. Maritime law enforcement.
Sec. 736. Amendment to the sentencing guidelines.
TITLE VIII--INFRASTRUCTURE PROTECTION AND CYBERSECURITY
Subtitle A--Federal Protective Service
Sec. 801. Authorization of appropriations for Federal Protective
Service.
Sec. 802. Federal Protective Service authority to carry out basic
security functions.
Sec. 803. Strategic plan requirement.
Sec. 804. Facility security risk assessments.
Sec. 805. Contract guard staff.
Sec. 806. Site inspections.
Sec. 807. Promotion of Federal Protective Service Technology and
Training.
Sec. 808. Prohibited items list.
Sec. 809. Report requirement.
Subtitle B--Chemical Facility Security
Sec. 811. Extension of chemical facilities antiterrorism security
program.
Subtitle C--Office for Bombing Prevention
Sec. 821. Bombing prevention.
Sec. 822. Explosives technology development and transfer.
Sec. 823. GAO study of explosives detection canine teams.
Sec. 824. Report on canine procurement activities.
Subtitle D--Cybersecurity
Sec. 831. Annual cybersecurity threat assessment.
Sec. 832. Cybersecurity research and development.
Sec. 833. National Research Council study of cybersecurity incentives.
Sec. 834. Research on cyber compromise of infrastructure.
Sec. 835. Assessments of emerging cyber threats in telecommunications.
Sec. 836. Department of Homeland Security Cybercrime coordination.
TITLE IX--PREPAREDNESS AND RESPONSE
Sec. 901. Center for Domestic Preparedness.
Sec. 902. Recovery from radiological and nuclear attacks.
Sec. 903. Citizen and community preparedness.
Sec. 904. Metropolitan Medical Response System program.
Sec. 905. Transparency in homeland security grant funding.
Sec. 906. Sense of Congress regarding interoperability.
Sec. 907. Audit of the national level exercise.
Sec. 908. FEMA report to Congress on sourcing and distribution of
disaster response goods and services.
TITLE X--SCIENCE AND TECHNOLOGY
Sec. 1001. Definitions.
Sec. 1002. References.
Subtitle A--Authorization of Appropriations
Sec. 1011. Authorization of appropriations.
Subtitle B--Management and Administration
Sec. 1021. Research prioritization and requirements; professional
development; milestones and feedback.
Sec. 1022. Testing, evaluation, and standards.
Sec. 1023. Peer review.
Sec. 1024. Directorate of Science and Technology strategic plan.
Subtitle C--Directorate of Science and Technology Programs
Sec. 1031. Limitations on research.
Sec. 1032. University-based centers.
Sec. 1033. Review of university-based centers.
Sec. 1034. Dual-use terrorist risks from synthetic genomics.
Sec. 1035. Underwater tunnel security demonstration project.
Sec. 1036. Threats research and development.
Sec. 1037. Maritime domain awareness and maritime security technology
test, evaluation, and transition
capabilities.
Sec. 1038. Rapid biological threat detection and identification.
Sec. 1039. Rural resilience initiative.
Sec. 1040. Homeland Security Science and Technology Fellows Program.
Sec. 1041. Biological threat agent assay equivalency.
Sec. 1042. Study of feasibility and benefit of expanding or
establishing program to create a new
cybersecurity capacity building track at
certain institutions of higher education.
Sec. 1043. Assessment, research, testing, and evaluation of
technologies to mitigate the threat of
small vessel attack.
Sec. 1044. Other transaction authority.
Sec. 1045. National Urban Security Technology Laboratory.
Subtitle D--Domestic Nuclear Detection Office
Sec. 1051. Authorization of appropriations.
Sec. 1052. Domestic Nuclear Detection Office oversight.
Sec. 1053. Strategic plan and funding allocations for global nuclear
detection architecture.
Sec. 1054. Radiation portal monitor alternatives.
Subtitle E--Clarifying Amendments
Sec. 1061. Federally funded research and development centers.
Sec. 1062. Elimination of Homeland Security Institute.
Sec. 1063. GAO study of the implementation of the statutory
relationship between the Department and the
Department of Energy national laboratories.
Subtitle F--Commission on the Protection of Critical Electric and
Electronic Infrastructures
Sec. 1071. Commission on the Protection of Critical Electric and
Electronic Infrastructures.
Subtitle G--Securing the Cities Initiative
Sec. 1081. Securing the Cities Initiative.
TITLE XI--MANAGEMENT IMPROVEMENTS
Sec. 1101. Direct line authority for Chief Operating Officers.
Sec. 1102. Department of Homeland Security headquarters consolidation
project.
Sec. 1103. Acquisition Professional Career Program.
Sec. 1104. Annuitants for acquisition positions.
Sec. 1105. Acquisition Review Board.
Sec. 1106. Office of Inspector General.
Sec. 1107. Establishment of privacy official within each component of
Department of Homeland Security.
Sec. 1108. Homeland Secure Data Network.
Sec. 1109. Congressional access to information.
TITLE XII--MISCELLANEOUS PROVISIONS
Sec. 1201. Immunity for reports of suspected terrorist activity or
suspicious behavior and response.
Sec. 1202. Homeland security biodefense strategy.
Sec. 1203. Civil liability for disclosure of protected security
information.
Sec. 1204. Continuation of authority for Federal Law Enforcement
Training Center to appoint and maintain a
cadre of Federal annuitants.
Sec. 1205. Rural Policing Institute; rural area defined.
Sec. 1206. Chief Veterinary Officer.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cyber.--The term ``cyber'' means--
(A) any process, program, or protocol relating to
the use of the Internet or an Intranet, automatic data
processing or transmission, or telecommunication via
the Internet or an Intranet; and
(B) any matter relating to, or involving the use
of, computers or computer networks.
(2) Cyber attack.--The term ``cyber attack'' means any
unauthorized access or use of a cyber system or network,
whether or not directed against a specific entity or entities,
that--
(A) alters, copies, misappropriates, corrupts,
destroys, disrupts, deletes, damages, prevents,
restricts, or hinders access to a cyber system or
network;
(B) results in the disclosure of private or
confidential information stored on a cyber system or
network;
(C) results in the disclosure of private or
confidential information stored on a cyber system or
network; or
(D) results in theft of data or information.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) International borders.--The term ``international
borders'' means the international boundary lines on both the
northern and southern borders of the United States.
(5) Internet.--The term ``Internet'' has the meaning given
that term by section 4(4) of the High Performance Computing Act
of 1991 (15 U.S.C. 5503(4)).
(6) National critical information systems and network.--The
term ``national critical infrastructure information systems and
networks'' means--
(A) Federal Government information systems and
networks; and
(B) any State, local, or nongovernmental
information systems and networks in the United States
that is designated by the President as national
critical infrastructure information systems and
networks.
(7) National incident.--The term ``national incident''
means an occurrence that actually or potentially jeopardizes
national critical infrastructure information systems and
networks or the information processed, stored, or transmitted
by those systems and networks.
(8) Network.--The term ``network'' has the meaning given
that term by section 4(5) of the High Performance Computing Act
of 1991 (15 U.S.C. 5503(5)).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
TITLE I--COUNTERTERRORISM, INTELLIGENCE, AND INFORMATION SHARING
SEC. 101. PROHIBITION ON USE OF DEPARTMENT OF JUSTICE FUNDS TO
PROSECUTE INDIVIDUALS DETAINED AT NAVAL STATION,
GUANTANAMO BAY, CUBA, IN THE UNITED STATES.
None of the funds made available to the Department of Justice may
be used to prosecute an individual who was detained at Naval Station,
Guantanamo Bay, Cuba, on or after January 22, 2009, in a criminal court
located in the United States or in any territory or possession of the
United States.
SEC. 102. PRESIDENTIAL CERTIFICATION.
(a) Sense of Congress.--It is the sense of Congress that
individuals currently detained at Guantanamo should not be transferred
or released into the sovereign territory of the United States.
(b) Requirements Relating to the Transfer or Release of Individuals
Currently Detained at Guantanamo to Sovereign Territory of United
States.--
(1) Prohibition.--The President or the President's designee
may not transfer or release an individual currently detained at
Guantanamo to any State unless 60 days prior to the transfer or
release the President or the President's designee completes the
requirements in paragraphs (2) and (3).
(2) Governor and state legislature approval.--The
requirement under this paragraph is that--
(A) the President or the President's designee
submits to the Governor and legislature of the State to
which the President intends to transfer or release an
individual currently detained at Guantanamo
certification in writing (together with supporting
documentation and justification) that the individual
does not pose a security risk to the United States; and
(B) after receiving the certification pursuant to
subparagraph (A), the Governor and State legislature of
that State consent to the transfer or release of the
individual covered under this section.
(3) Presidential notification and certification
requirement.--The requirement under this paragraph is that the
President submits to Congress, in writing, the following
information:
(A) The name of any individual to be transferred or
released.
(B) The location and the installation in the United
States where the individual will be transferred or
released.
(C) A justification for why that location was
selected.
(D) The findings of an analysis carried out by the
President describing any risk to the national security
of the United States or the residents of the United
States that is posed by the transfer or release.
(E) A certification that the President has
mitigated any risk described in subparagraph (D).
(F) A certification that the President has
completed the requirements of paragraph (2).
(G) A certification that the President's transfer
or release under paragraph (1) of an individual covered
by this section will not adversely affect the Federal
Government's ability to prosecute individuals covered
under this subsection.
(H) The findings of an analysis carried out by the
President describing any adverse effect such transfer
or release will have on the ability of the Federal
Government to prosecute individuals covered under this
subsection.
(I) A certification that the President's transfer
or release under paragraph (1) of an individual covered
by this subsection will not adversely affect the
Federal Government's ability to detain individuals
covered under this subsection.
(J) The findings of an analysis carried out by the
President describing any adverse affect such transfer
or release will have on the ability of the Federal
Government to detain individuals covered under this
subsection.
(K) A certification that the President's transfer
or release under paragraph (1) of an individual covered
by this subsection will not result in the release of
individuals covered under this subsection into the
United States.
(L) The findings of an analysis carried out by the
President describing how the Federal Government will
ensure the transfer or release described in
subparagraph (K) will not result in the release of
individuals covered under this subsection into the
United States.
(c) Definitions.--For purposes of this section, the terms
``individual currently detained at Guantanamo'' and ``individual
covered by this subsection'' have the meaning given such terms under
section 1(c) of Executive Order 13492.
SEC. 103. PROVISION OF CLASSIFIED FILES.
(a) In General.--The President shall submit to the Committee on
Homeland Security of the House of Representatives copies of all
classified files related to, in whole or in part, every detainee
transferred from the detention center at United States Naval Station,
Guantanamo Bay, Cuba, to the United States or to a foreign country on
or after January 20, 2009.
(b) Timeframe.--
(1) Detainees transferred before date of enactment.--
Information required to be submitted under subsection (a) that
is related to detainees transferred during the period beginning
on January 20, 2009, and ending on the date of the enactment of
this Act shall be submitted to the Committee on Homeland
Security of the House of Representatives by not later than 60
days after such date of enactment.
(2) Detainees transferred after date of enactment.--
Information required to be submitted under subsection (a) that
is related to detainees transferred after the date of the
enactment of this Act shall be submitted to the Committee on
Homeland Security of the House of Representatives every 90 days
after the initial submission of information under paragraph
(1).
(c) Sunset.--The requirements of this section shall terminate on
the date that is 180 days after the date on which the last individual
detained at the detention center United States Naval Station,
Guantanamo Bay, Cuba, is transferred to any location outside of such
Naval Station.
SEC. 104. ENSURING THE COLLECTION OF CRITICAL INTELLIGENCE.
(a) Requirement for Consultation.--
(1) In general.--
(A) Prosecution.--Before any officer or employee of
the Department of Justice institutes any prosecution of
an alien in a United States district court for a
terrorist offense, the Attorney General, Deputy
Attorney General, or Assistant Attorney General for the
Criminal Division, shall consult with the Director of
National Intelligence and the Secretary of Defense
about whether the prosecution should take place in a
United States district court or before a military
commission under chapter 47A of title 10, United States
Code.
(B) Interrogation.--Before any officer or employee
of the Department of Justice engages in any
interrogation of an alien in a criminal investigation
or prosecution of a terrorist offense, the Attorney
General, Deputy Attorney General, or Assistant Attorney
General for the Criminal Division, shall consult with
the Director of National Intelligence, the Director of
the Central Intelligence Agency, the Secretary of
Homeland Security, and the Secretary of Defense about
how to proceed in that interrogation so as to enable
each such official to carry out that official's
responsibilities in a manner consistent with national
security.
(2) Definitions.--In this subsection--
(A) the term ``terrorist offense'' means any
offense for which the defendant could be tried by a
military commission under chapter 47A of title 10,
United States Code; and
(B) the term ``alien'' means any person who is not
a citizen of the United States.
SEC. 105. REPORT ON THE HIGH VALUE DETAINEE INTERROGATION GROUP.
(a) Report.--The Attorney General, in consultation with the
Director of the Central Intelligence Agency, the Director of National
Intelligence, the Secretary of Defense, and the Secretary of Homeland
Security, shall submit to the Chairman and Ranking Minority Member of
the Committee on Homeland Security of the House of Representatives
regular classified reports on the High Value Detainee Interrogation
Group.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the number of occasions on which and the locations
where the High Value Detainee Interrogation Group was deployed;
(2) the interrogation tactics and procedures used by the
High Value Detainee Interrogation Group; and
(3) a description of any analytical intelligence products
produced as a result of the intelligence collected during the
interrogations and operations of the High Value Interrogation
Group.
(c) Timeframe.--The reports required under subsection (a) shall be
submitted not later than 6 months after the date of enactment of this
Act and every 6 months thereafter until December 31, 2016.
SEC. 106. COVERT AGENT IDENTITY PROTECTION.
(a) Investigation.--The Inspectors General of the Department of
Defense and the Central Intelligence Agency shall conduct an
investigation into possible violations of title VI of the National
Security Act of 1947 (50 U.S.C. 421 et seq.) at the Detention Center at
United States Naval Station, Guantanamo Bay, Cuba. The investigation
shall be completed not later than one year after the date of the
enactment of this Act
(b) Report.--Not later than 30 days after the completion of the
investigation under subsection (a), the Inspectors General of the
Department of Defense and the Central Intelligence Agency shall submit
to Congress a report on the findings of the investigation. The report
shall be in unclassified form, but may contain a classified annex.
SEC. 107. SPECIAL INTERAGENCY TASK FORCE ON DETAINEE DISPOSITION.
The Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives all documents and
correspondence, including electronic correspondence, related to the
Secretary's role in the President's Special Interagency Task Force on
Detainee Disposition established pursuant to Executive Order 13493.
SEC. 108. THREAT ASSESSMENT RELATING TO TRANSFER OF GUANTANAMO
DETAINEES TO THE UNITED STATES OR ITS TERRITORIES.
(a) Threat Assessment.--The Secretary of Homeland Security, in
coordination with the heads of related Federal agencies and in
consultation with relevant State, local, and tribal law enforcement
agencies, shall conduct a terrorist threat assessment on the risk posed
by the transfer of any individual who is detained, as of the date of
the enactment of this Act, at the detention center at United States
Naval Station, Guantanamo Bay, Cuba, to the United States or its
territories.
(b) Contents.--The assessment required under subsection (a) shall
include--
(1) an assessment of the effect on homeland security of
such a transfer of any such individual, including whether the
risk of a terrorist attack against a facility or location
housing detainees or hosting civilian trials or military
commissions in the United States or its territories would
increase; and
(2) a determination of the monetary costs associated with
the transfer, detention, and civilian trial or military
commission of any such individual to the United States or its
territories.
(c) Completion and Submission.--The assessment required under
subsection (a) shall be completed and submitted to the Committee on
Homeland Security of the House of Representatives not later than 60
days after the date of the enactment of this Act.
SEC. 109. HABEAS CORPUS.
Section 2241(e)(1) of title 28, United States Code, is amended by
inserting after ``detained by the United States'' the following:
``outside the territory of the United States or of United States Naval
Station, Guantanamo Bay, Cuba, and''.
SEC. 110. VIOLENT RADICALIZATION AND HOMEGROWN TERRORISM PREVENTION.
(a) Prevention of Violent Radicalization and Homegrown Terrorism.--
(1) In general.--Title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361 et seq.) is amended by adding at the end the
following new subtitle:
``Subtitle J--Prevention of Violent Radicalization and Homegrown
Terrorism
``SEC. 899A. DEFINITIONS.
``For purposes of this subtitle:
``(1) Commission.--The term `Commission' means the National
Commission on the Prevention of Violent Radicalization and
Homegrown Terrorism established under section 899C.
``(2) Violent radicalization.--The term `violent
radicalization' means the process of adopting or promoting an
extremist belief system for the purpose of facilitating
ideologically based violence to advance political, religious,
or social change.
``(3) Homegrown terrorism.--The term `homegrown terrorism'
means the use, planned use, or threatened use, of force or
violence by a group or individual born, raised, or based and
operating primarily within the United States or any possession
of the United States to intimidate or coerce the United States
Government, the civilian population of the United States, or
any segment thereof, in furtherance of political or social
objectives.
``(4) Ideologically based violence.--The term
`ideologically based violence' means the use, planned use, or
threatened use of force or violence by a group or individual to
promote the group or individual's political, religious, or
social beliefs.
``SEC. 899B. FINDINGS.
``The Congress finds the following:
``(1) The development and implementation of methods and
processes that can be utilized to prevent violent
radicalization, homegrown terrorism, and ideologically based
violence in the United States is critical to combating domestic
terrorism.
``(2) The promotion of violent radicalization, homegrown
terrorism, and ideologically based violence exists in the
United States and poses a threat to homeland security.
``(3) The Internet has aided in facilitating violent
radicalization, ideologically based violence, and the homegrown
terrorism process in the United States by providing access to
broad and constant streams of terrorist-related propaganda to
United States citizens.
``(4) While the United States must continue its vigilant
efforts to combat international terrorism, it must also
strengthen efforts to combat the threat posed by homegrown
terrorists based and operating within the United States.
``(5) Understanding the motivational factors that lead to
violent radicalization, homegrown terrorism, and ideologically
based violence is a vital step toward eradicating these threats
in the United States.
``(6) Preventing the potential rise of self-radicalized,
unaffiliated terrorists domestically cannot be easily
accomplished solely through traditional Federal intelligence or
law enforcement efforts, and can benefit from the incorporation
of State and local efforts.
``(7) Individuals prone to violent radicalization,
homegrown terrorism, and ideologically based violence span all
races, ethnicities, and religious beliefs, and individuals
should not be targeted based solely on race, ethnicity, or
religion.
``(8) Any measure taken to prevent violent radicalization,
homegrown terrorism, and ideologically based violence and
homegrown terrorism in the United States should not violate the
constitutional rights, civil rights, or civil liberties of
United States citizens or lawful permanent residents.
``(9) Certain governments, including the United Kingdom,
Canada, and Australia have significant experience with
homegrown terrorism and the United States can benefit from
lessons learned by those nations.
``SEC. 899C. NATIONAL COMMISSION ON THE PREVENTION OF VIOLENT
RADICALIZATION AND IDEOLOGICALLY BASED VIOLENCE.
``(a) Establishment.--There is established within the legislative
branch of the Government the National Commission on the Prevention of
Violent Radicalization and Homegrown Terrorism.
``(b) Purpose.--The purposes of the Commission are the following:
``(1) Examine and report upon the facts and causes of
violent radicalization, homegrown terrorism, and ideologically
based violence in the United States, including United States
connections to non-United States persons and networks, violent
radicalization, homegrown terrorism, and ideologically based
violence in prison, individual or `lone wolf' violent
radicalization, homegrown terrorism, and ideologically based
violence, and other faces of the phenomena of violent
radicalization, homegrown terrorism, and ideologically based
violence that the Commission considers important.
``(2) Build upon and bring together the work of other
entities and avoid unnecessary duplication, by reviewing the
findings, conclusions, and recommendations of--
``(A) the Center of Excellence established or
designated under section 899D, and other academic work,
as appropriate;
``(B) Federal, State, local, or tribal studies of,
reviews of, and experiences with violent
radicalization, homegrown terrorism, and ideologically
based violence; and
``(C) foreign government studies of, reviews of,
and experiences with violent radicalization, homegrown
terrorism, and ideologically based violence.
``(c) Composition of Commission.--The Commission shall be composed
of 10 members appointed for the life of the Commission, of whom--
``(1) one member shall be appointed by the President from
among officers or employees of the executive branch and private
citizens of the United States;
``(2) one member shall be appointed by the Secretary;
``(3) one member shall be appointed by the majority leader
of the Senate;
``(4) one member shall be appointed by the minority leader
of the Senate;
``(5) one member shall be appointed by the Speaker of the
House of Representatives;
``(6) one member shall be appointed by the minority leader
of the House of Representatives;
``(7) one member shall be appointed by the Chairman of the
Committee on Homeland Security of the House of Representatives;
``(8) one member shall be appointed by the ranking minority
member of the Committee on Homeland Security of the House of
Representatives;
``(9) one member shall be appointed by the Chairman of the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
``(10) one member shall be appointed by the ranking
minority member of the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(d) Chair and Vice Chair.--The Commission shall elect a Chair and
a Vice Chair from among its members.
``(e) Qualifications.--Individuals shall be selected for
appointment to the Commission solely on the basis of their professional
qualifications, achievements, public stature, experience, and expertise
in relevant fields, including behavioral science, constitutional law,
corrections, counterterrorism, cultural anthropology, education,
information technology, intelligence, juvenile justice, local law
enforcement, organized crime, Islam and other world religions, or
sociology.
``(f) Deadline for Appointment.--All members of the Commission
shall be appointed no later than 60 days after the date of enactment of
this subtitle.
``(g) Quorum and Meetings.--The Commission shall meet and begin the
operations of the Commission not later than 30 days after the date on
which all members have been appointed or, if such meeting cannot be
mutually agreed upon, on a date designated by the Speaker of the House
of Representatives. Each subsequent meeting shall occur upon the call
of the Chair or a majority of its members. A majority of the members of
the Commission shall constitute a quorum, but a lesser number may hold
meetings.
``(h) Authority of Individuals To Act for Commission.--Any member
of the Commission may, if authorized by the Commission, take any action
that the Commission is authorized to take under this Act.
``(i) Powers of Commission.--The powers of the Commission shall be
as follows:
``(1) In general.--
``(A) Hearings and evidence.--The Commission or, on
the authority of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out
this section, hold hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission
considers advisable to carry out its duties.
``(B) Contracting.--The Commission may, to such
extent and in such amounts as are provided in
appropriation Acts, enter into contracts to enable the
Commission to discharge its duties under this section.
``(2) Information from federal agencies.--
``(A) In general.--The Commission may request
directly from any executive department, bureau, agency,
board, commission, office, independent establishment,
or instrumentality of the Government, information,
suggestions, estimates, and statistics for the purposes
of this section. The head of each such department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
practicable and authorized by law, furnish such
information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the
Chair of the Commission, by the chair of any
subcommittee created by a majority of the Commission,
or by any member designated by a majority of the
Commission.
``(B) Receipt, handling, storage, and
dissemination.--The Committee and its staff shall
receive, handle, store, and disseminate information in
a manner consistent with the operative statutes,
regulations, and Executive orders that govern the
handling, storage, and dissemination of such
information at the department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality that responds to the request.
``(j) Assistance From Federal Agencies.--
``(1) General services administration.--The Administrator
of General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
``(2) Other departments and agencies.--In addition to the
assistance required under paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, and staff as they may
determine advisable and as may be authorized by law.
``(k) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
``(l) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
``(m) Public Meetings.--
``(1) In general.--The Commission shall hold public
hearings and meetings to the extent appropriate.
``(2) Protection of information.--Any public hearings of
the Commission shall be conducted in a manner consistent with
the protection of information provided to or developed for or
by the Commission as required by any applicable statute,
regulation, or Executive order including subsection (i)(2)(B).
``(n) Staff of Commission.--
``(1) Appointment and compensation.--The Chair of the
Commission, in consultation with the Vice Chair and in
accordance with rules adopted by the Commission, may appoint
and fix the compensation of a staff director and such other
personnel as may be necessary to enable the Commission to carry
out its functions, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the maximum
rate of pay for GS-15 under the General Schedule.
``(2) Staff expertise.--Individuals shall be selected for
appointment as staff of the Commission on the basis of their
expertise in one or more of the fields referred to in
subsection (e).
``(3) Personnel as federal employees.--
``(A) In general.--The executive director and any
employees of the Commission shall be employees under
section 2105 of title 5, United States Code, for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90
of that title.
``(B) Members of commission.--Subparagraph (A)
shall not be construed to apply to members of the
Commission.
``(4) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and during such detail shall retain the rights,
status, and privileges of his or her regular employment without
interruption.
``(5) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code.
``(6) Emphasis on security clearances.--The Commission
shall make it a priority to hire as employees and retain as
contractors and detailees individuals otherwise authorized by
this section who have active security clearances.
``(o) Commission Personnel Matters.--
``(1) Compensation of members.--Each member of the
Commission who is not an employee of the Government shall be
compensated at a rate not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, for each day during which that member is engaged
in the actual performance of the duties of the Commission.
``(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I
of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
``(3) Travel on armed forces conveyances.--Members and
personnel of the Commission may travel on aircraft, vehicles,
or other conveyances of the Armed Forces of the United States
when such travel is necessary in the performance of a duty of
the Commission, unless the cost of commercial transportation is
less expensive.
``(4) Treatment of service for purposes of retirement
benefits.--A member of the Commission who is an annuitant
otherwise covered by section 8344 or 8468 of title 5, United
States Code, by reason of membership on the Commission shall
not be subject to the provisions of such section with respect
to membership on the Commission.
``(5) Vacancies.--A vacancy on the Commission shall not
affect its powers and shall be filled in the manner in which
the original appointment was made. The appointment of the
replacement member shall be made not later than 60 days after
the date on which the vacancy occurs.
``(p) Security Clearances.--The heads of appropriate departments
and agencies of the executive branch shall cooperate with the
Commission to expeditiously provide Commission members and staff with
appropriate security clearances to the extent possible under applicable
procedures and requirements.
``(q) Reports.--
``(1) Final report.--Not later than 18 months after the
date on which the Commission first meets, the Commission shall
submit to the President and Congress a final report of its
findings and conclusions, legislative recommendations for
immediate and long-term countermeasures to violent
radicalization, homegrown terrorism, and ideologically based
violence, and measures that can be taken to prevent violent
radicalization, homegrown terrorism, and ideologically based
violence from developing and spreading within the United
States, and any final recommendations for any additional grant
programs to support these purposes. The report may also be
accompanied by a classified annex.
``(2) Interim reports.--The Commission shall submit to the
President and Congress--
``(A) by not later than 6 months after the date on
which the Commission first meets, a first interim
report on--
``(i) its findings and conclusions and
legislative recommendations for the purposes
described in paragraph (1); and
``(ii) its recommendations on the
feasibility of a grant program established and
administered by the Secretary for the purpose
of preventing, disrupting, and mitigating the
effects of violent radicalization, homegrown
terrorism, and ideologically based violence
and, if such a program is feasible,
recommendations on how grant funds should be
used and administered; and
``(B) by not later than 6 months after the date on
which the Commission submits the interim report under
subparagraph (A), a second interim report on such
matters.
``(3) Individual or dissenting views.--Each member of the
Commission may include in each report under this subsection the
individual additional or dissenting views of the member.
``(4) Public availability.--The Commission shall release a
public version of each report required under this subsection.
``(r) Availability of Funding.--Amounts made available to the
Commission to carry out this section shall remain available until the
earlier of the expenditure of the amounts or the termination of the
Commission.
``(s) Termination of Commission.--The Commission shall terminate 30
days after the date on which the Commission submits its final report.
``SEC. 899D. CENTER OF EXCELLENCE FOR THE STUDY OF VIOLENT
RADICALIZATION AND HOMEGROWN TERRORISM IN THE UNITED
STATES.
``(a) Establishment.--The Secretary of Homeland Security shall
establish or designate a university-based Center of Excellence for the
Study of Violent Radicalization and Homegrown Terrorism in the United
States (hereinafter referred to as `Center') following the merit-review
processes and procedures and other limitations that have been
previously established for selecting and supporting University Programs
Centers of Excellence. The Center shall assist Federal, State, local,
and tribal homeland security officials through training, education, and
research in preventing violent radicalization and homegrown terrorism
in the United States. In carrying out this section, the Secretary may
choose to either create a new Center designed exclusively for the
purpose stated herein or identify and expand an existing Department of
Homeland Security Center of Excellence so that a working group is
exclusively designated within the existing Center of Excellence to
achieve the purpose set forth in subsection (b).
``(b) Purpose.--It shall be the purpose of the Center to study the
social, criminal, political, psychological, and economic roots of
violent radicalization and homegrown terrorism in the United States and
methods that can be utilized by Federal, State, local, and tribal
homeland security officials to mitigate violent radicalization and
homegrown terrorism.
``(c) Activities.--In carrying out this section, the Center shall--
``(1) contribute to the establishment of training, written
materials, information, analytical assistance, and professional
resources to aid in combating violent radicalization and
homegrown terrorism;
``(2) utilize theories, methods, and data from the social
and behavioral sciences to better understand the origins,
dynamics, and social and psychological aspects of violent
radicalization and homegrown terrorism;
``(3) conduct research on the motivational factors that
lead to violent radicalization and homegrown terrorism; and
``(4) coordinate with other academic institutions studying
the effects of violent radicalization and homegrown terrorism
where appropriate.
``SEC. 899E. PREVENTING VIOLENT RADICALIZATION AND HOMEGROWN TERRORISM
THROUGH INTERNATIONAL COOPERATIVE EFFORTS.
``(a) International Effort.--The Secretary shall, in cooperation
with the Department of State, the Attorney General, and other Federal
Government entities, as appropriate, conduct a survey of methodologies
implemented by foreign nations to prevent violent radicalization and
homegrown terrorism in their respective nations.
``(b) Implementation.--To the extent that methodologies are
permissible under the Constitution, the Secretary shall use the results
of the survey as an aid in developing, in consultation with the
Attorney General, a national policy in the United States on addressing
radicalization and homegrown terrorism.
``(c) Reports to Congress.--The Secretary shall submit a report to
Congress that provides--
``(1) a brief description of the foreign partners
participating in the survey; and
``(2) a description of lessons learned from the results of
the survey and recommendations implemented through this
international outreach.
``SEC. 899F. PROTECTING CIVIL RIGHTS AND CIVIL LIBERTIES WHILE
PREVENTING IDEOLOGICALLY BASED VIOLENCE AND HOMEGROWN
TERRORISM.
``(a) In General.--The Department of Homeland Security's efforts to
prevent ideologically based violence and homegrown terrorism as
described herein shall not violate the constitutional rights, civil
rights, or civil liberties of United States citizens or lawful
permanent residents.
``(b) Commitment to Racial Neutrality.--The Secretary shall ensure
that the activities and operations of the entities created by this
subtitle are in compliance with the Department of Homeland Security's
commitment to racial neutrality.
``(c) Auditing Mechanism.--The Civil Rights and Civil Liberties
Officer of the Department of Homeland Security shall develop and
implement an auditing mechanism to ensure that compliance with this
subtitle does not violate the constitutional rights, civil rights, or
civil liberties of any racial, ethnic, or religious group, and shall
include the results of audits under such mechanism in its annual report
to Congress required under section 705.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by inserting at the end of the
items relating to title VIII the following:
``Subtitle J--Prevention of Violent Radicalization and Homegrown
Terrorism
``Sec. 899A. Definitions.
``Sec. 899B. Findings.
``Sec. 899C. National Commission on the Prevention of Violent
Radicalization and Ideologically Based
Violence.
``Sec. 899D. Center of Excellence for the Study of Violent
Radicalization and Homegrown Terrorism in
the United States.
``Sec. 899E. Preventing violent radicalization and homegrown terrorism
through international cooperative efforts.
``Sec. 899F. Protecting civil rights and civil liberties while
preventing ideologically based violence and
homegrown terrorism.''.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary
$47,474,026,000 for fiscal year 2011 for the necessary expenses of the
Department of Homeland Security.
TITLE III--CONGRESSIONAL OVERSIGHT
SEC. 301. CONGRESSIONAL OVERSIGHT.
(a) Findings.--Congress finds the following:
(1) The National Commission on Terrorist Attacks Upon the
United States (in this section referred to as the ``9/11
Commission'') recommended in its report in 2004 that ``Congress
should create a single, principal point of oversight and review
for homeland security''.
(2) At the time of that recommendation, there were 86
committees and subcommittees exercising oversight of the
Department of Homeland Security. As of the end of the 110th
Congress, there were 108 committees and subcommittees
exercising such oversight.
(3) The 9/11 Commission report further stated that ``so
long as oversight is governed by current congressional rules
and resolutions, we believe the American people will not get
the security they want and need''.
(4) In a 2007 op-ed in the Washington Post, the former
Chairman and Vice Chairman of the 9/11 Commission, Governor
Thomas Kean and Congressman Lee Hamilton, described how
fragmented congressional oversight of the Department of
Homeland Security results in ``a major drain on senior
management and a source of contradictory guidance''.
(5) In a September 2007 letter to House of Representatives
Homeland Security Committee ranking minority member Peter King,
former Homeland Security Secretary Michael Chertoff wrote that
``arguably, the single most important step Congress can take to
improve operational effectiveness at the Department of Homeland
Security at this juncture is to streamline Congressional
oversight of DHS''.
(6) On December 20, 2008, The New York Times published an
editorial entitled ``Wayward Eye on the Homeland'', commenting
on the inability of Congress to consolidate homeland security
jurisdiction, noting that ``This is a comedy that invites fresh
tragedy unless Congressional leaders finally resolve to
streamline down to a few dedicated panels''.
(7) The Commission on Weapons of Mass Destruction
Proliferation and Terrorism (in this section referred to as the
``WMD Commission'') recommended in 2008 that Congress ``reform
its oversight, both structurally and substantively, to better
address intelligence, homeland security, and national security
missions such as the prevention of weapons of mass destruction
proliferation and terrorism''.
(8) The WMD Commission gave Congress an ``F'' on its
Prevention of WMD Proliferation and Terrorism Report Card in
January 2010 for failing to reform Congressional oversight,
noting that ``virtually no progress has been made since
consolidation was first recommended by the 9/11 Commission in
2004''.
(9) On May 19, 2010, the former Chairman and Vice Chairman
of the 9/11 Commission, Governor Thomas Kean and Congressman
Lee Hamilton, testified before the House Committee on Homeland
Security that ``the jurisdictional melee among the scores of
Congressional committees has led to conflicting and
contradictory tasks and mandates for DHS.'' Adding that
``Without taking serious action, we fear this unworkable system
could make the country less safe.''.
(10) The current structure of oversight over homeland
security and bifurcated Congressional jurisdiction has a
deleterious effect on the ability of Congress to provide clear
and consistent guidance to the Department and impedes the
timely enactment of appropriate legislation that will best
ensure the security of our Nation and its citizens.
(b) Sense of Congress Regarding Oversight of Homeland Security.--It
is the sense of Congress that the House of Representatives and the
Senate should fully implement the recommendations of the National
Commission on Terrorist Attacks Upon the United States for creating a
single, principal point of oversight and review for homeland security
by amending House and Senate rules relating to committee jurisdiction.
(c) Amendment to the House Rules Regarding Oversight of Homeland
Security.--Clause 2 of rule XII of the Rules of the House of
Representatives is amended by redesignating paragraph (c) as paragraph
(d) and inserting after paragraph (b) the following:
``(c) The Speaker shall consider the recommendations of the
National Commission on Terrorist Attacks Upon the United States for
consolidating oversight and review of homeland security, and to the
maximum extent feasible, minimize the impact that the referral to
multiple committees of matters under paragraph (a) related to homeland
security and the Department of Homeland Security will have on the
ability of the House of Representatives to provide clear and consistent
guidance to the Department and act on such measures in a timely and
effective manner consistent with those recommendations.''.
TITLE IV--BORDER SECURITY
SEC. 401. STRATEGY TO ACHIEVE CONTROL OF THE BORDER.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional
committees a strategy for gaining effective control of the
international borders of the United States within five years. The
strategy shall include the staffing, technology, infrastructure, and
other appropriate means necessary to achieve such effective control.
SEC. 402. MAINTAINING BORDER PATROL STAFFING.
(a) In General.--For each of fiscal years 2011, 2012, 2013, and
2014, the Secretary of Homeland Security shall maintain a force of not
fewer than 20,000 Border Patrol agents and sufficient support staff for
such agents, including mechanics, administrative support, and
surveillance personnel.
(b) Northern Border.--Of the Border Patrol agents required under
subsection (a), not fewer than 2,500 of such agents shall be assigned
to the northern border.
SEC. 403. BORDER TECHNOLOGY AND INFRASTRUCTURE.
(a) Technology.--The Secretary shall deploy a system of technology
to conduct systematic surveillance, detection, and tracking along the
international land and maritime borders of the United States.
(b) Coordination.--In deploying technology pursuant to subsection
(a), the Secretary shall ensure that the procurement of independent
systems are done in a manner that allows connectivity into a common
operating picture for the United States Border Patrol and other
agencies, as appropriate.
(c) Detection.--The technology deployed pursuant to subsection (a)
shall include the capability to detect low-flying aircraft.
(d) Infrastructure.--The Secretary is authorized to construct
physical fencing and vehicle barriers along the international land
borders of the United States.
SEC. 404. UNMANNED AERIAL SYSTEM DEPLOYMENT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall--
(1) identify not fewer than four strategic sections of the
international land borders of the United States where the
deployment of unmanned aerial system assets would be beneficial
to the Border Patrol in implementing effective control of the
border, in addition any such sections where unmanned aerial
systems have been deployed as of the date of the enactment of
this Act; and
(2) notify the Federal Aviation Administration, the
Committee on Homeland Security of the House of Representatives,
and the Committee on Homeland Security and Governmental Affairs
of the Senate regarding the Department's intent to use national
air space for unmanned aerial system assets in the strategic
sections identified pursuant to paragraph (1).
(b) Deployment Timeline.--Not later than--
(1) one year after the date of the enactment of this Act,
the Secretary shall deploy unmanned aerial system assets to at
least 50 percent of the strategic sections identified pursuant
to subsection (a)(1) of the international land borders of the
United States; and
(2) three years after the date of the enactment of this
Act, the Secretary shall deploy such unmanned aerial system
assets to 100 percent of such strategic sections.
(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 terrorism, narcotics, and other
contraband.
SEC. 405. BORDER SECURITY ON PUBLIC LANDS.
On public lands of the United States, neither the Secretary 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 defined 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 PERSONNEL.
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 ensure that expertise is
maintained in all United States Customs 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 Commissioner of
United States Customs and Border Protection;
(2) the term ``United States Customs and Border
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 Appointments.--
(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 service, the Commissioner may convert an
employee serving under an overseas limited appointment within
U.S. Customs and Border Protection to a permanent appointment
in the competitive service within U.S. Customs and Border
Protection, if--
(A) as of the time of conversion, the employee 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 referred 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 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 conversion,
(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 foreign
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 any dependents)
services and monetary payments--
(I) equivalent to the services and
monetary payments provided to other
Customs and Border Protection employees
in similar positions (and their
dependents) in the same country of
assignment by international agreement,
an exchange of notes, or other
diplomatic policy; and
(II) for which such individual
(including any dependents) was not
eligible 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 competitive service throughout the period
described in paragraph (1)(A). The preceding
sentence shall, in the case of any individual,
be effective as of the first day of 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 appointment 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 capabilities of the Civil Air
Patrol to support the homeland security 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 agencies, and States to support
homeland security missions by--
(1) providing aerial reconnaissance or communications
capabilities for border security;
(2) providing capabilities for a collective response to an
act of terrorism, natural disaster, or other man-made event by
assisting in damage assessment and situational awareness,
conducting search and rescue operations, assisting in
evacuations, 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 restricted 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 Committees on Homeland Security and
Transportation and Infrastructure of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report containing the findings of the review conducted under
subsection (a). The report shall include--
(1) an assessment of the feasibility and cost effectiveness
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 request 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 Committees on Homeland Security and Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
such review and analysis, including any recommendations of the
Secretary for further action that could affect the organization and
administration of the Department of Homeland Security.
SEC. 410. IMPLEMENTATION OF US-VISIT.
(a) Airport and Seaport Exit Implementation.--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 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 capture.--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 enactment of this
Act, the Secretary shall establish canine enforcement teams at the five
busiest northern ports of entry and at other ports of entry as the
Secretary determines necessary.
SEC. 412. VISA SECURITY PROGRAM EXPANSION.
(a) Issuance of Visas at Designated Diplomatic 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 provision 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 designated 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 determines 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 subsection (a), Department of Homeland
Security personnel assigned by the Secretary of Homeland
Security under section 428(i)(1) of the Homeland Security Act
of 2002, as amended by such subsection, have been stationed at
diplomatic and consular posts as determined by the Secretary of
Homeland Security; and
(2) not later than 270 days after the date on which the
Secretary of Homeland Security designates an additional
diplomatic or consular post for personnel under section
428(i)(2) of the Homeland Security Act of 2002, as amended by
subsection (a) of this section, the Department of Homeland
Security personnel assigned to such post have been stationed at
such post.
SEC. 413. VISA REVOCATION AUTHORITY.
(a) Authority of the Secretary of Homeland Security.--Section
428(b) of the Homeland Security Act (6 U.S.C. 236) is amended--
(1) in the matter preceding paragraph (1), by striking
``Notwithstanding'' and inserting ``(1) Authorities of the
secretary of homeland security.--Notwithstanding'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving 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 subparagraph (C);
(5) by inserting after subparagraph (A) the following 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 refusal 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 cancel any other valid visa that is in
such alien's possession.''.
(b) Authority of the Secretary of State.--Section 428(c) of the
Homeland Security Act (6 U.S.C. 236)--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Limitation.--No decision by the Secretary of State to
approve a visa may override a decision by the Secretary of
Homeland Security under subsection (b).''.
SEC. 414. IMPROVED STUDENT VISA SCREENING AND FOREIGN 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 following:
``(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 subparagraph (F), (J),
or (M) of section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) prior to final adjudication, with special emphasis
on determining 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 paragraph (7); and
(2) by inserting after paragraph (4) the following:
``(5) Student and exchange visitor program.----
``(A) In general.--In administering the program
under paragraph (4), the Secretary, not later than
October 1, 2011--
``(i) shall prescribe regulations to
require an institution or exchange visitor
program sponsor participating in such program
to ensure that each covered student or exchange
visitor enrolled at the institution or
attending the exchange visitor program--
``(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;
``(II) is not unobserved for any
period--
``(aa) exceeding 30 days
during any academic term or
program in which the covered
student or exchange visitor is
enrolled; or
``(bb) exceeding 60 days
during any period not described
in item (aa); and
``(III) is reported to the
Department within 10 days of--
``(aa) transferring to
another institution or program;
``(bb) changing academic
majors; or
``(cc) any other changes to
information required to be
maintained 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.
``(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 Nationality
Act (8 U.S.C. 1101(a)(15)).
``(ii) The term `observed' means positively
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 student is enrolled; and
``(B) timely entry of any information required by
paragraph (5) regarding covered students and exchange
visitors enrolled at institutions or exchange program
sponsors.''.
TITLE V--ENFORCEMENT AND INVESTIGATIONS
Subtitle A--Border and Immigration Enforcement
SEC. 501. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT
INVESTIGATORS.
Subject to the availability of appropriations, in each of fiscal
years 2011 through 2014, the Secretary of Homeland 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 APPREHENDED 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 admission
has been made, unless the alien--
(1) is permitted to withdraw an application for admission
under section 235(a)(4) of the Immigration and Nationality Act
(8 U.S.C. 1225(a)(4)) and immediately departs from the United
States pursuant to such section; or
(2) is paroled into the United States by the Secretary of
Homeland Security for urgent humanitarian reasons or
significant public benefit in accordance 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
diplomatic relations.
(3) Discretion.--Nothing in this section shall be construed
as limiting the authority of the Secretary 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 finding of
a credible fear of persecution (as defined in clause (v) of
such section).
SEC. 503. DENIAL OF ADMISSION TO NATIONALS OF COUNTRIES 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,
national, or resident of that country until the country accepts the
alien who was ordered removed.''.
SEC. 504. ALIEN TRANSFER AND REIMBURSEMENT AUTHORITY.
(a) Transfer to Federal Custody.--The Secretary of Homeland
Security shall require appropriate personnel from the Department of
Homeland Security to respond within 24 hours in person to all requests
made by a State, or political subdivision of a State, participating in
the program described in section 287(g) of the Immigration 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 expenses 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 SERVICE JAMES J. ROWLEY
TRAINING CENTER.
Within 240 days after the date of the enactment of this Act, the
Inspector General of the Department of Homeland Security shall provide
to the appropriate congressional committees, including the Committees
on Homeland Security and Appropriations of the House of Representatives
and the Committees on Homeland Security 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 throughput capacity of
the James J. Rowley Training Center.
(3) Maximum Secret Service personnel throughput capacity of
the James J. Rowley Training Center.
(4) An assessment of what departmental components engage in
similar training activities as those conducted at the James J.
Rowley Training Center.
(5) An assessment of the infrastructure enhancements needed
to support the mission and training capabilities of the James
J. Rowley Training Center.
(6) An assessment of the actual and expected total
throughput capacity at the James J. Rowley Training Center,
including outside entity participants.
SEC. 513. COMMUNICATIONS INTEROPERABILITY.
(a) In General.--The Secretary of Homeland Security shall implement
full interoperability of all communications 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 available 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 establish permanent
United States Secret Service international field offices to enhance the
Secret Service's ability to combat counterfeiting of United States
currency.
(c) Selection of Countries.--In selecting countries for the
establishment of field offices under this section, the Secretary
shall--
(1) consult with the Director of the United States Secret
Service; and
(2) give priority to countries that pose the highest 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 Security
Administration Authorization Act''.
SEC. 602. DEFINITIONS.
In this title, the following definitions apply:
(1) Assistant secretary.--The term ``Assistant Secretary''
means Assistant Secretary of Homeland Security (Transportation
Security Administration).
(2) Administration.--The term ``Administration'' means the
Transportation Security Administration.
(3) Aviation security advisory committee.--The term
``Aviation Security Advisory Committee'' means the advisory
committee established by section 44946 of title 49, United
States Code, as added by this Act.
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 control 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 expenses of the Transportation Security
Administration.
SEC. 612. RISK-BASED SYSTEM FOR ALLOCATION OF RESOURCES.
(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, including 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 Security Administration of a
risk-based system for allocating security resources effectively.
(b) Assessments.--The report shall include assessments of the
Transportation Security Administration's progress in--
(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,
vulnerability, 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 security
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 completing them;
(6) establishing a strategy and timeline for effectuating
the Administration's intelligence-driven risk management
approach and documenting the results of the assessment;
(7) optimizing the assignment of uncertainty or confidence
levels to analytic intelligence products related to the
Transportation Security Administration'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 Administration's
risk management framework is implemented;
(B) policies, procedures, and guidance that require
the implementation of the Administration'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 vulnerability of
a cyber attack; and
(B) a description of the risk-based priorities 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 assumptions regarding threats,
vulnerabilities, and consequences made in assessing and
prioritizing risks within and across such modes; and
(B) include the Assistant Secretary's working
definition of the terms ``risk-based'' and ``risk-
informed''.
(d) Format.--The report shall be submitted in classified 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 the passenger who checked
the baggage is aboard the aircraft, is not authorized as an
alternate method of baggage screening where explosive detection
equipment is available unless there are exigent circumstances
as determined by the Assistant Secretary. 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 subsection:
``(l) Prohibition of Advance Notice to Security Screeners of Covert
Testing and Evaluation.--
``(1) In general.--The Assistant Secretary shall ensure
that information concerning a covert test of a transportation
security system to be conducted by a covert testing office, the
Inspector General 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 paragraph (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 contractors
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
Department of Homeland Security, or the
Comptroller General, as the case may be; and
``(B) for the purpose of ensuring the security of
any individual in the vicinity of a site where a covert
test of a transportation security system is being
conducted, an individual conducting the test may
disclose his or her status as an individual conducting
the test to any appropriate 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--
``(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 individual
conducting the test as a potential threat.
``(C) Aviation screening.--Notwithstanding
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 airport
operator by the Federal Security Director for
such airport; and
``(ii) is carried out under an aviation
screening assessment program of the Department
of Homeland Security.
``(D) Use of other personnel.--The Transportation
Security Administration may use employees, officers,
and contractors of the Federal Government (including
military personnel) and employees and officers of State
and local governments to conduct covert tests.
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Appropriate individual.--The term
`appropriate individual', as used with respect to a
covert test of a transportation security 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 completion of a test under
paragraph (2)(A).
``(C) Covert test.--
``(i) In general.--The term `covert test'
means an exercise or activity conducted by a
covert testing office, the Inspector General of
the Department of Homeland Security, or the
Government Accountability 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 employee 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 designated 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 testing office' means an
individual who is an employee of a covert testing
office or a contractor or an employee of a contractor
of a covert testing office.''.
(b) Uniforms.--Section 44935(j) of such title is amended--
(1) by striking ``The Under Secretary'' and inserting 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 ENFORCEMENT OFFICERS.
Section 44917 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Secure Verification System for Law Enforcement 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 ensure that the system developed includes a
biometric component.
``(2) Demonstration.--The Assistant Secretary shall conduct
a demonstration program to test the secure verification system
described in paragraph (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 Security 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 Authorization Act, there is authorized to be
appropriated to carry out this subsection $10,000,000, to
remain available until expended.''.
SEC. 624. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERVICE.
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 Secretary 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
Homeland Security and the Comptroller General.''.
SEC. 625. FEDERAL FLIGHT DECK OFFICER PROGRAM ENHANCEMENTS.
(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, acting through the Assistant Secretary (Transportation
Security Administration)''.
(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 Secretary shall
implement an appropriately sized administrative 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 contract training
facilities, the Assistant Secretary shall
require that field office facilities 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 at no cost for
firearms training and qualification, 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 Federal flight deck officers for
expenses incurred to complete a recurrent and requalifying training
requirement necessary to continue to serve as a Federal flight deck
officer. Eligible expenses under this subsection include ground
transportation, lodging, meals, and ammunition, to complete 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 Program.--
``(1) New employee training.--Not later than 30 days after
the date of enactment of this subsection, the Federal Air
Marshal Service shall require Federal air marshals hired after
such date to complete the criminal investigative training
program 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 subsection, 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 between the mixed basic
police training, the Federal air marshal programs already
completed by the Federal air marshal and the criminal
investigative training provided through the criminal
investigative training 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 appropriated for fiscal year
2011 to carry out this subsection.
``(5) Savings clause.--Nothing in this subsection 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 before section 44933 the
following:
``Sec. 44931. Assistant Secretary defined
``(a) In General.--In this chapter--
``(1) the term `Assistant Secretary' means the Assistant
Secretary (Transportation Security Administration); 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 Security, or the Under
Secretary for Transportation Security shall be deemed to be a
reference to the Assistant Secretary.
``(b) Authorities Vested in Assistant Secretary.--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.''.
(b) Clerical Amendment.--The analysis for such subchapter is
amended by inserting before the item relating 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 ``Managers'' and
inserting ``Directors'';
(2) by striking ``Manager'' each place it appears and
inserting ``Director'';
(3) by striking ``Managers'' each place it appears 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 Security Administration
Authorization Act, the Assistant Secretary shall--
``(1) require an airport security plan to have clear
reporting procedures to provide that the Federal 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;
``(2) require each Federal Security Director of an airport
to meet at least quarterly with law enforcement agencies
serving the airport to discuss incident management protocols;
and
``(3) require each Federal Security Director at an airport
to inform, consult, and coordinate, as appropriate, with the
airport operator in a timely manner on security matters
impacting airport operations and to establish and maintain
operational protocols with airport operators to ensure
coordinated responses to security matters.''.
(b) Conforming Amendments.--
(1) Section 114(f)(6) of title 49, United States Code, is
amended by striking ``Managers'' and inserting ``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.''.
SEC. 629. AVIATION SECURITY STAKEHOLDER PARTICIPATION.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44946. Aviation Security Advisory Committee
``(a) Establishment of Aviation Security Advisory Committee.--
``(1) In general.--The Assistant Secretary shall establish
in the Transportation Security Administration 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 Secretary shall
require the Advisory Committee to develop 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 receive 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 representing not more than 27 member
organizations, including representation of air carriers, all
cargo air transportation, indirect air carriers, labor
organizations representing air carrier employees, aircraft
manufacturers, airport operators, general aviation, and the
aviation technology security industry, including biometrics.
``(2) Appointments.--Members shall be appointed by the
Assistant Secretary, and the Assistant 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 recommendations for air cargo security issues,
including the implementation of the air cargo screening
initiatives proposed by the Transportation Security
Administration to screen air cargo on passenger aircraft in
accordance with established cargo screening mandates.
``(2) Meetings.--The working group shall meet at least
semiannually and provide annual reports to the Assistant
Secretary with recommendations to improve the Administration's
cargo screening 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 Assistant Secretary.
``(4) Reports.--
``(A) In general.--The working group shall prepare
and submit reports to the Assistant Secretary in
accordance with this paragraph that provide cargo
screening mandate implementation recommendations.
``(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 Assistant Secretary, including any
recommendations of the group--
``(i) to reduce redundancies and increase
efficiencies with the screening and inspection
of inbound cargo; and
``(ii) on the potential development of a
fee structure to help sustain cargo screening
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:
``Sec. 44947. General aviation security
``(a) General Aviation Security Grant Program.--
``(1) In general.--The Assistant Secretary shall carry out
a general aviation security grant program to enhance
transportation security at general aviation airports by making
grants to operators of general aviation airports for projects
to enhance perimeter security, airfield security, and terminal
security.
``(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 Assistant Secretary shall develop and
make publically available a list of approved eligible projects
for such grants under paragraph (1) based upon recommendations
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 presumption 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 procedures other than
competitive procedures, the Assistant Secretary shall
submit to Congress a 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 general aviation working group to advise
the Transportation Security Administration regarding
transportation security issues for general aviation facilities,
general aviation aircraft, heliports, and helicopter operations
at general aviation and commercial service airports.
``(2) Meetings.--The working group shall meet at least
semiannually and may convene additional meetings as necessary.
``(3) Membership.--The Assistant Secretary shall appoint
members from the Aviation Security Advisory Committee with
general aviation experience.
``(4) Reports.--
``(A) Submission.--The working group shall submit a
report to the Assistant Secretary with recommendations
on ways to improve security at general aviation
airports.
``(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 general aviation airports to be funded by
grants under subsection (a).
``(C) Subsequent reports.--After submitting the
report, the working group shall continue 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 Transportation 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 subsection may be used for a
congressional earmark as defined 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.''.
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 Authorization Act, the Assistant Secretary shall
provide advanced self-defense training of not less than 5 hours
during each 2-year period for all cabin crewmembers. 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
training 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 end the following: ``The
Assistant Secretary shall establish an oversight program for security
training of cabin crewmembers that includes developing performance
measures and strategic goals for air carriers, and standard protocols
for Transportation Security Administration oversight inspectors, in
accordance with recommendations by the Inspector General of the
Department of Homeland Security and the Comptroller General.''.
SEC. 632. SECURITY SCREENING OF INDIVIDUALS WITH METAL IMPLANTS
TRAVELING IN AIR TRANSPORTATION.
(a) In General.--Section 44903 of title 49, United States Code, is
amended by adding at the end the following:
``(m) Security Screening of Individuals With Metal Implants
Traveling in Air Transportation.--
``(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 Secretary shall submit a plan
to the Committee on Homeland Security of the House of
Representatives for improving security screening procedures for
individuals 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 implants, and benchmarks for
implementing changes to the screening process and the
establishment of a credential or system that incorporates
biometric technology 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 Assistant Secretary shall implement a
program to improve security screening procedures for
individuals with metal implants to limit disruptions in the
screening process while maintaining security, including a
credential or system that incorporates biometric technology or
other applicable technologies to verify the identity of an
individual who has a metal implant.
``(4) Metal implant defined.--In this paragraph, the term
`metal implant' means a metal device or object that has been
surgically implanted or otherwise placed in the body of an
individual, including any metal device used in a hip or knee
replacement, 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 Homeland Security shall submit the plan for
security screening procedures for individuals with metal implants, as
required 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 passenger
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 selectee and no fly lists,
consolidated and integrated terrorist
watchlists, or any list or database derived
from such watchlists for activities related to
aviation security. The Assistant Secretary
shall report to the Committee on Homeland
Security of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate when any non-
governmental 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 paragraph (8); and
(2) by inserting after paragraph (6) the following:
``(7) Known air traveler credential.--Not later than 6
months after the date of enactment of the Transportation
Security Administration Authorization Act, the Assistant
Secretary shall--
``(A) establish a known air traveler credential
that incorporates biometric identifier technology;
``(B) establish a process by which the credential
will be used to verify the identity of 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
traveler credential that is lost, stolen, or no
longer authorized for use;
``(D) begin issuance of the known air traveler
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 Assistant
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 subparagraph (G);
and
(2) by inserting after subparagraph (E) the following:
``(F) Known air traveler.--The term `known air
traveler' means a United States citizen who--
``(i) has received a security clearance
from the Federal Government;
``(ii) is a Federal Aviation Administration
certificated pilot, flight crew member, 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 determines
has appropriate security qualifications for
inclusion under this subparagraph.''.
SEC. 635. ADVANCED IMAGING TECHNOLOGY.
(a) In General.--The Assistant Secretary shall ensure that advanced
imaging technology systems are procured and deployed in a timely manner
in the Nation's 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 alternative results in a comparable level of security.
(c) Risk-Based Deployment.--The Assistant Secretary shall ensure
that advanced imaging technology systems 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 Technology.--Advanced imaging
technology deployed under this section shall meet qualification
standards set by the Transportation Security Administration and shall
be capable of safely and nonintrusively screening a passenger's whole
body.
(e) Information on Advanced Imaging Technology at the Checkpoint.--
Information and pictorials of generic images produced by advanced
imaging technology shall be posted at each commercial airport
checkpoint where advanced imaging technology is deployed. Such
information shall include alternative screening procedures required
under subsection (b). The Assistant Secretary shall ensure that
transportation security administration personnel are available to speak
with passengers 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 Commerce, Science, and Transportation of the Senate, in
conjunction 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 Administration's Office of
Inspections and Office of Security Operations; and
(3) an analysis of the Transportation Security
Administration's personnel model including a detailed breakdown
of personnel required to operate advanced imaging technology
equipment.
(g) International Harmonization.--The Secretary shall work with
foreign nations, foreign civil aviation authorities, international
organizations, and associations including the International Civil
Aviation Organization, to set binding international standards for
passenger checkpoint security at commercial airports worldwide.
(h) Foreign Assistance Authorized.--The Assistant 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 departure 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 exceed compliance)
with applicable International Civil Aviation Organization
standards; and
(3) such assistance is based upon the assessment of the
risks to the security of the United States and the ability of
the airport to otherwise provide adequate security for
passengers and aircraft 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.
CHAPTER 2--OTHER MATTERS
SEC. 636. SECURITY RISK ASSESSMENT OF AIRPORT PERIMETER ACCESS
CONTROLS.
(a) In General.--The Assistant Secretary shall develop 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 commercial service and general aviation airports.
(b) Contents.--The plan shall--
(1) incorporate best practices for enhanced perimeter
access controls;
(2) evaluate and incorporate major findings of all relevant
pilot programs of the Transportation Security Administration;
(3) address recommendations of the Comptroller General on
perimeter access controls;
(4) include a requirement that airports update their
security plans to incorporate the best practices, as
appropriate, based on risk and adapt the best practices to meet
the needs specific to their facilities; and
(5) include an assessment of the role of new and emerging
technologies, including unmanned and autonomous perimeter
security technologies, that could be utilized at both
commercial and general aviation facilities.
SEC. 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 Commerce, Science, and Transportation of the Senate a
report that--
(1) describes the progress made by the Department of
Homeland Security in implementing the advanced passenger
prescreening system;
(2) compares the total number of misidentified passengers
who must undergo secondary screening or have been prevented
from boarding a plane during the 3-month period beginning 90
days before the date of enactment of this Act with the 3-month
period beginning 90 days after such date; and
(3) includes any other relevant recommendations that the
Inspector General of the Department of Homeland Security or the
Comptroller General determines appropriate.
(b) Subsequent Reports.--The Comptroller General shall submit
subsequent reports on the implementation to such Committees every 90
days thereafter until the implementation is complete.
SEC. 638. BIOMETRIC IDENTIFIER AIRPORT ACCESS ENHANCEMENT 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 biometric identifier
and interoperable security systems.
(b) Airports Participating in Program.--The Assistant Secretary
shall select at least 7 airports, including at least 2 large airports,
to participate in the demonstration 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 duration of not
less than 180 days and not more than one year.
(d) Required Elements.--In conducting the demonstration program,
the Assistant Secretary shall--
(1) assess best operational, administrative, and management
practices in creating uniform, standards-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 Secretary determines
appropriate, to identify where the implementation of biometric
identifier systems could benefit security.
(e) Considerations.--In conducting the demonstration program, the
Assistant Secretary shall consider, at a minimum, the following:
(1) Parallel systems.--Existing parallel biometric
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 credentials issued
under section 44903(h)(6) of title 49, United States
Code; and
(C) other credential and biometric identifier
systems used by the Federal Government, as the
Assistant Secretary considers appropriate.
(2) Efforts by transportation security administration.--Any
biometric identifier system or proposals developed by the
Assistant Secretary.
(3) Infrastructure and technical requirements.--The
architecture, modules, interfaces, and transmission of data
needed for airport security operations.
(4) Existing airport systems.--Credentialing and access
control systems in use in secure and sterile areas of airports.
(5) Associated costs.--The costs of implementing uniform,
standards-based, and interoperable biometric identifier systems
at airports, including--
(A) the costs to airport operators, airport
workers, air carriers, and other aviation industry
stakeholders; and
(B) the costs associated with ongoing operations
and maintenance and modifications and enhancements
needed to support changes in physical and electronic
infrastructure.
(6) Information from other sources.--Recommendations,
guidance, and information from other sources, including the
Inspector General of the Department of Homeland Security, the
Comptroller General, the heads of other governmental entities,
organizations representing airport workers, and private
individuals and organizations.
(f) Identification of Best Practices.--In conducting the
demonstration program, the Assistant Secretary 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 acquisition of
biometric identifier credentials.
(6) Development of redress processes for workers.
(g) Consultation.--In conducting the demonstration 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
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, interoperable, 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
report on the results of the demonstration program. The report shall
include possible incentives for airports that voluntarily 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 to be appropriated a total of
$20,000,000 to carry out this section for fiscal year 2011.
SEC. 639. TRANSPORTATION SECURITY TRAINING PROGRAMS.
Not later than one year after the date of enactment of this Act,
the Assistant Secretary shall establish recurring training of
transportation security officers regarding updates to screening
procedures and technologies in response to weaknesses identified in
covert tests at airports. The training shall include--
(1) internal controls for monitoring and documenting
compliance of transportation security officers 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 Assistant
Secretary with regard to training.
SEC. 640. DEPLOYMENT OF TECHNOLOGY APPROVED BY SCIENCE AND TECHNOLOGY
DIRECTORATE.
(a) In General.--The Assistant Secretary, in consultation with the
Directorate of Science and Technology of the Department of Homeland
Security, shall develop and submit to the appropriate committees of
Congress, including the Committee on Homeland Security of the House of
Representatives, a strategic plan for the certification and integration
of technologies for transportation security with high approval or
testing results from the Directorate and the Transportation Security
Laboratory of the Department.
(b) Contents of Strategic Plan.--The strategic plan developed under
subsection (a) shall include--
(1) a cost-benefit analysis to assist in prioritizing
investments in new checkpoint screening technologies that
compare the costs and benefits of screening technologies being
considered for development or acquisition with the costs and
benefits of other viable alternatives;
(2) quantifiable performance measures to assess the extent
to which investments in research, development, and deployment
of checkpoint screening technologies achieve performance goals
for enhancing security 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 checkpoint screening technologies
to airport checkpoints.
(c) Report to Congress.--
(1) In general.--The Assistant Secretary shall submit to
the appropriate committees of Congress, including the Committee
on Homeland Security of the House of Representatives, an annual
report on the status of all technologies that have undergone
testing and evaluation, including technologies that have been
certified by the Department, and any technologies used in a
demonstration program administered by the Administration. The
report shall also specify whether the technology was submitted
by an academic institution, including an institution of higher
education eligible to receive assistance 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 Advisory Committee
and report to the appropriate committees of Congress, including the
Committee on Homeland Security of the House of Representatives, on
deploying optimal baggage screening solutions and replacing baggage
screening equipment nearing the end of its life cycle at commercial
service airports. Specifically, the report shall address the
Administration's plans, estimated costs, and current benchmarks for
replacing explosive detection equipment that is nearing the end of its
life cycle.
SEC. 642. IN-LINE CHECKED BAGGAGE SCREENING SYSTEMS.
(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 baggage for explosives at the Nation's
commercial airports.
(2) Initial deployment of stand-alone EDS machines in
airport lobbies resulted in operational inefficiencies and
security risks as compared to using EDS machines integrated in-
line with airport baggage conveyor systems.
(3) The Administration has acknowledged the advantages of
fully integrating in-line checked baggage EDS systems,
especially at large airports. According 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 investment
required, these systems have not been deployed on a wide-scale
basis. The Administration estimates 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 appropriated for the
installation of in-line explosive detection 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 Commerce, Science, and Transportation of the Senate a
report on the Administration's progress in deploying optimal baggage
screening solutions and replacing aging baggage screening equipment at
the Nation's commercial airports. The report shall also include an
analysis of the Administration's methodology for expending public funds
to deploy in-line explosive detection systems since 2007. The report
shall address, at a minimum--
(1) the Administration's progress in deploying optimal
screening solutions at the Nation's largest commercial
airports, including resources obligated and expended through
fiscal year 2009;
(2) the potential benefits and challenges associated with
the deployment of optimal screening solutions 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 detection and in-line
baggage systems.
SEC. 643. INSPECTOR GENERAL REPORT ON CERTAIN POLICIES FOR FEDERAL AIR
MARSHALS.
Not later than 120 days after the date of enactment of this Act,
the Inspector General of the Department of Homeland Security shall
review the minimum standards and policies regarding rest periods
between deployments and any other standards or policies applicable to
Federal air marshals reporting to duty. After such review, the
Inspector General shall make any recommendations to such standards and
policies the Inspector General considers necessary to ensure an alert
and responsible workforce of Federal air marshals.
SEC. 644. EXPLOSIVES DETECTION CANINE TEAMS MINIMUM 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 increase 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
requirement 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 of air cargo
being exempted from screening under exemptions 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 passenger aircraft and report to the Committee on Homeland
Security in the House of Representatives on the status of
implementation, including the approximate percentage of cargo being
screened, as well as the Administration's methods to verify the
screening system's implementation.''.
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 Representatives 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 promote 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 participation by shippers with robust and mature internal
security 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 background 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 provider of background
screening services and may use the services of other providers
approved by the Assistant 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 Secretary to approve a
background screening service provider.
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 aviation security through risk management at airport
checkpoints through use of a trusted passenger program, commonly
referred to as the Registered Traveler program, established pursuant to
section 109(a)(3) of the Aviation Transportation Security Act (115
Stat. 597), the Assistant 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 perform private
sector background checks as part of their enrollment process
with assurance that the program shall be undertaken in a manner
consistent with constitutional privacy and civil liberties
protections 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 security operations under subsection (a),
the Assistant 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 security
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 Registered Traveler program.
(c) Treatment of Individuals With Top Secret Security Clearances.--
Not later than 180 days after the date of enactment of this Act, the
Assistant Secretary shall establish protocols to--
(1) verify the identity of United States citizens who
participate in the Registered Traveler program and possess a
valid top secret security clearance granted by the Federal
Government; and
(2) allow alternative screening procedures for individuals
described in paragraph (1), including random, risk-based
screening determined necessary to respond to a specific threat
to security identified pursuant to a security threat
assessment.
(d) Rule of Construction.--Nothing in this section 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 between and among
cabin crew and pilot crewmembers, embarked Federal air marshals, and
authorized law enforcement officials, as appropriate.
SEC. 650. AIR CARGO CREW TRAINING.
The Assistant Secretary, in consultation with the Advisory
Committee established under section 44946 of title 49, United States
Code, shall develop a plan for security training for the all-cargo
aviation threats for pilots and, as appropriate, other crewmembers
operating in all-cargo transportation.
SEC. 651. REIMBURSEMENT FOR AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.
(a) Process.--Section 1604(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 481) is
amended to read as follows:
``(2) Airports that have incurred eligible costs.--
``(A) In general.--Not later than 60 days after the
date of enactment of the Transportation Security
Administration Authorization Act, the Assistant
Secretary of Homeland Security (Transportation Security
Administration) shall establish a process for resolving
reimbursement claims for airports that have incurred,
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 reimbursement.--The
process shall allow an airport--
``(i) to submit a claim to the Assistant
Secretary for reimbursement for eligible costs
described in subparagraph (A); and
``(ii) not later than 180 days after date
on which the airport submits the claim, to
receive a determination on the claim and, if
the determination is positive, to be
reimbursed.
``(C) Report.--Not later than 60 days after the
date on which the Assistant Secretary establishes the
process under subparagraph (B), the Assistant Secretary
shall submit to the Committee on Homeland Security of
the House of Representatives a report containing a
description of the process, including a schedule for
the timely reimbursement of airports for which a
positive determination has been made.''.
(b) Reimbursements of Airports for Eligible Costs Reimbursed at
Less Than 90 Percent.--If the Secretary or Assistant Secretary
reimbursed, after August 3, 2007, an airport that incurred an amount
for eligible costs under section 44923 of title 49, United States Code,
that was less than 90 percent of such costs, the Secretary or Assistant
Secretary shall reimburse such airport under such section an amount
equal to the difference for such eligible costs.
SEC. 652. ESTABLISHMENT OF APPEAL AND REDRESS PROCESS FOR INDIVIDUALS
WRONGLY DELAYED 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 PASSENGERS WRONGLY DELAYED
OR PROHIBITED 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 privilege 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 establish in the
Department an Office of Appeals and Redress to implement,
coordinate, and execute the process established by the
Secretary pursuant to subsection (a). The Office shall include
representatives from the TSA and such other offices and
components of the Department as the Secretary determines
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
disseminate 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 request and provided such
additional information as required by the Department to
verify the individual'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--
``(i) except as provided in subparagraph
(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 necessary to resolve
misidentifications and improve 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 domestic air
carriers and foreign air carriers under clause
(i) of subparagraph (A) shall terminate on the
date on which the Federal Government assumes
terrorist watchlist or database screening
functions.
``(ii) Written notification to congress.--
Not later than 15 days after the date on which
the transmission of the Comprehensive Cleared
List to the air carriers referred to in clause
(i) of this subparagraph terminates in
accordance with such clause, the Secretary
shall provide written notification to the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce,
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 understanding with
other Federal, State, local, and tribal agencies or
entities, as necessary, to improve the appeal and
redress process and for other purposes such as to
verify an individual's identity and personally
identifiable information; and
``(B) work with other Federal, State, local, and
tribal agencies or entities that use any terrorist
watchlist or database to ensure, to the greatest extent
practicable, that the Comprehensive Cleared List is
considered when assessing 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 information
of individuals (in this paragraph referred to as `PII')
complete mandatory privacy and security training prior
to being authorized to handle PII;
``(B) ensure that the information maintained under
this subsection is secured by encryption, including
one-way hashing, data anonymization techniques, or such
other equivalent technical security protections as the
Secretary 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;
``(D) ensure that the information maintained under
this subsection is shared or transferred 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 Department
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 maintained 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 terrorist watchlist or
database and the Comprehensive Cleared List to improve
the appeal and redress process and to ensure the most
accurate lists of identifications possible (except that
section 552a of title 5, United States Code, shall not
prohibit the sharing of legal name changes among
Federal agencies and entities 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 Security of the
House of Representatives, and the Committee on
Commerce, Science, and Transportation and the Committee
on Homeland Security 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 redress process
established pursuant to subsection (a); and
``(B) the Department has a significant presence,
provide the written information referred to in
subparagraph (A) and ensure a TSA supervisor who is
trained in such appeal and redress process is available
to provide support to air carrier passengers in need of
guidance concerning such process.
``(7) Report to congress.--Not later than 240 days after
the date of the enactment of this section, 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 Security and
Governmental Affairs of the Senate a report on the status of
information sharing among users at the Department of any
terrorist watchlist or database. The report shall include the
following information:
``(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 authorities that utilize any terrorist
watchlist or database.
``(B) A description of the extent to which such
other Department offices and components are taking into
account the Comprehensive Cleared List.
``(C) Data on the number of individuals who have
sought and successfully obtained redress through the
Office of Appeals and Redress.
``(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 information
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 assessment.
``(c) Terrorist Watchlist or Database Defined.--In this section,
the term `terrorist watchlist or database' means any terrorist
watchlist or database used by the Transportation Security
Administration or any office or component of the Department of Homeland
Security or specified in Homeland Security Presidential Directive-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)--
(A) by redesignating subclauses (II) through (VII)
as subclauses (III) through (VIII), respectively; and
(B) by inserting after subclause (I) the following
new subclause:
``(II) ensure, not later than 30
days after the date of the enactment of
the Counterterrorism Enhancement and
Department of Homeland Security
Authorization Act, that the procedure
established under subclause (I) is
incorporated into the appeals and
redress process established under
section 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 Secretary shall
incorporate the process established pursuant to this
clause into the appeals and redress 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 Secretary 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 chapter 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 prohibited 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 Transportation
Security Administration voluntarily may wear personal
protective equipment during any emergency.
(2) Written guidance.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall establish, coordinate, and disseminate written
guidance to personnel of the Transportation Security
Administration to allow for the voluntary usage of personal
protective equipment.
(b) Definition.--In this section the term ``protective 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 expedited security screening
services for a member of the Armed Forces, and any accompanying
family member, when the member of the Armed Forces is traveling
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 reduce passenger
wait times before entering a security screening
checkpoint;
``(B) establishing standard guidelines for the
screening of military uniform items, including combat
boots; and
``(C) incorporating any new screening protocols
into an existing trusted passenger program, as
established pursuant to section 109(a)(3) of the
Aviation and Transportation Security Act (115 Stat.
613), or into the development of any new credential or
system that incorporates biometric technology and other
applicable technologies to verify the identity of
individuals traveling in air transportation.
``(3) Report to congress.--The Assistant Secretary shall
submit to the appropriate committees of Congress a report on
the implementation of the plan.''.
(b) Effective Date.--Not later than one year after the date of
enactment of this Act, the Assistant Secretary shall establish the plan
required by the amendment made by subsection (a).
SEC. 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, particularly in regards to the commingling
of passengers at the airport; and
(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 combination of facial and
iris recognition to provide a higher probability of success in
identification than either approach on its own and to achieve
transformational advances 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.
SEC. 657. ISSUANCE OF REGULATIONS AND SECURITY DIRECTIVES 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 ``immediately
in order to protect transportation security'' 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 whether to issue,
rescind, or revise a regulation or security directive
under this subsection, the Assistant Secretary shall
consider, as factors in the final determination--
``(i) whether the costs of the regulation
or security directive are excessive in relation
to the enhancement of security the regulation
or security directive will provide;
``(ii) whether the regulation or security
directive will remain effective for more than a
90-day period; and
``(iii) whether the regulation or security
directive will require revision in the
subsequent 90-day period.
``(B) Authority to waive certain requirements.--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 regulation 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, ensure 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 otherwise protected
from public disclosure under law or regulation.''.
(b) Applicability.--The amendment made by subsection (a)(3) shall
apply to a regulation issued under section 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.--Subject to subsection (b),
the Secretary may not issue a rule, interim final rule, or a new
rulemaking intended to address, in whole or in part, the proposed
rulemaking entitled ``Large Aircraft Security Program, Other Aircraft
Operator Security Program, and Airport Operator Security Program (TSA-
2008-0021)'' unless the Secretary--
(1) establishes a negotiated rulemaking committee in
accordance with the requirements for establishing 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) describing in detail its
findings and recommendations.
(b) Rule Exception.--
(1) Urgent threat.--The Secretary may issue a rule
prohibited by subsection (a) if the Secretary 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 determination.--Not later than 30
days after such a rule is issued under this subsection, the
Inspector General of the Department of Homeland Security shall
determine if a credible and urgent threat existed that
necessitated 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 attack and should leverage the investments
and expertise developed from securing our Nation's commercial
air transportation system;
(2) the successes of the Transportation Security
Administration's National Explosives Detection Canine Team
Program has furthered the Transportation Security
Administration's ability to secure our Nation's transportation
systems against terrorist attack by preventing and protecting
against explosives threats;
(3) each weekday approximately 11,300,000 passengers depend
on our Nation's mass transit systems as a means of
transportation;
(4) rail and mass transit systems serve as an enticing
target for terrorists and terrorist organizations, 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 Congress' 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 Nation's economic
stability and the continued functioning 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 terrorist attack
and other security threats to our Nation's rail and mass
transit systems and other modes of surface transportation;
(2) continue expansion of the National Explosives Detection
Canine Team Program, which has proven to be an effective tool
in securing against explosives 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 transportation systems against terrorist attack are
highly trained in both securing those systems against terrorist
attack and professional relations with the traveling public;
and
(4) continue to secure our Nation's mass transit 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
critical 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 following:
``(2) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Homeland Security
(Transportation Security Administration).''.
SEC. 663. SURFACE TRANSPORTATION SECURITY INSPECTION PROGRAM.
(a) Findings.--Congress finds the following:
(1) Surface transportation security inspectors assist
passenger rail stakeholders in identifying security 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 Official legislative text sourced from the public record (cached on CivicsHQ). Display truncated for length.
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. King, Peter T. [R-NY-2]RHouseNY
Cosponsors
- Rep. Austria, Steve [R-OH-7]
- Rep. Bilirakis, Gus M. [R-FL-12]
- Rep. Broun, Paul C. [R-GA-10]
- Rep. Cao, Anh "Joseph" [R-LA-2]
- Rep. Dent, Charles W. [R-PA-15]
- Rep. Lungren, Daniel E. [R-CA-3]
- Rep. McCaul, Michael T. [R-TX-10]
- Rep. Miller, Candice S. [R-MI-10]
- Rep. Olson, Pete [R-TX-22]
- Rep. Rogers, Mike D. [R-AL-3]
Votes
Voting records are not yet available for this bill.