II 111th CONGRESS 2d Session S. 3866 IN THE SENATE OF THE UNITED STATES September 29, 2010 Mr. Carper (for himself and Mr. Brown of Massachusetts) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To standardize training programs of the Transportation Security Administration, to establish an Office of Behavior Analysis in the Transportation Security Administration, to enhance partnerships between the Transportation Security Administration and State and local law enforcement agencies, and for other purposes.
1.
Short title
This Act may be cited as the Aviation Security Innovation & Reform Act of 2010 or the AIR Act of 2010.
2.
Continuing security training
Section 44935 of title 49, United States Code, is amended— (1)by striking Under Secretary of Transportation for Security each place it appears and inserting Assistant Secretary of Homeland Security (Transportation Security Administration); (2)by striking Under Secretary each place it appears and inserting Assistant Secretary; (3)by amending subsection (g) to read as follows: (g)
Training
(1)
Training plan
The Assistant Secretary shall establish and implement a plan for the training of Transportation Security Officers that— (A)to the maximum extent practicable, ensures that the training received by Transportation Security Officers is standardized; and (B)meets the requirements of this subsection. (2)
General training requirements
The plan required by paragraph (1) shall require, at a minimum, that an individual employed as a Transportation Security Officer— (A)receives, before the individual performs any screening functions as a Transportation Security Officer, training in basic security screening skills and in criminal and antiterrorism awareness; (B)completes a program that the Assistant Secretary determines will train individuals to a level of proficiency to adequately perform on the job; (C)successfully completes an up-to-date technical training examination prescribed by the Assistant Secretary; and (D)in the case of a Transportation Security Officer who will be responsible for verifying travel documents, completes up-to-date technical training in document fraud identification, as considered appropriate by the Assistant Secretary. (3)
Equipment-specific training
An individual employed as a Transportation Security Officer may not use any security screening device or equipment in the scope of that individual's employment unless the individual has been trained on that device or equipment and has successfully completed a test on the use of the device or equipment. (4)
Continuing education
The plan required by paragraph (1) shall require an individual employed as a Transportation Security Officer to receive annual training, as considered appropriate by the Assistant Secretary. (5)
Use of other agencies
The Assistant Secretary may enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of Transportation Security Officers. ; (4)by moving subsection (h) 2 ems to the left; and (5)by redesignating the second subsection (i) (relating to accessibility of computer-based training facilities) as subsection (k).
3.
Office of Behavior Analysis
Section 114 of title 49, United States Code, is amended— (1)in subsection (a), by striking Department of Transportation and inserting Department of Homeland Security; (2)by striking Under Secretary of Transportation for Security each place it appears and inserting Assistant Secretary of Homeland Security (Transportation Security Administration); (3)by striking Under Secretary each place it appears and inserting Assistant Secretary; and (4)by inserting after subsection (s) the following: (t)
Office of Behavior Analysis
(1)
Establishment
There is established in the Transportation Security Administration the Office of Behavior Analysis (in this subsection referred to as the Office). (2)
Location
The Office of Behavior Analysis shall be within the Office of Security Operations of the Transportation Security Administration in the Department of Homeland Security and shall be headed by a Transportation Security Administration career employee, who shall be appointed by the Assistant Secretary of Homeland Security (Transportation Security Administration). (3)
Duties
The head of the Office shall be responsible for— (A)advising the Transportation Security Administration and other Federal, State, and local government law enforcement agencies on behavior detection methodologies and best practices; and (B)providing behavior assessment training to law enforcement personnel to facilitate the prevention of terrorist attacks on aviation and mass transportation systems. .
4.
Partnerships with State and local law enforcement agencies with respect to behavior detection activities
(a)
In general
The Assistant Secretary of Homeland Security (Transportation Security Administration) (in this Act referred to as the Assistant Secretary) shall develop and maintain partnerships with State and local law enforcement agencies— (1)to improve the coordination of behavior detection activities; and (2)to deploy Transportation Security Officers of the Transportation Security Administration that specialize in techniques to identify high-risk individuals based on behavior patterns (in this Act referred to as behavior detection officers) to serve as an additional layer of security and to deter acts of terrorism at train and bus stations and other infrastructure facilities. (b)
Collaboration in training and behavior detection activities
In implementing partnerships under subsection (a), the Assistant Secretary shall— (1)coordinate the provision of behavior detection training for State and local law enforcement officers with similar training provided for Transportation Security Officers of the Transportation Security Administration; and (2)provide behavior detection officers with the opportunity to cross-train with State and local law enforcement agencies and other Federal law enforcement agencies that are responsible for protecting critical infrastructure facilities and mass transit systems, as the Assistant Secretary considers appropriate.
5.
Access to information databases
The Assistant Secretary shall— (1)provide a select group of behavior detection officers at Passengers by Observation Techniques airports with an appropriate level of security clearance to access law enforcement and intelligence databases, to assist in verifying a passenger’s identity, and to assist in law enforcement operations; (2)require the Transportation Security Administration's Transportation Security Operations Center to utilize all of the law enforcement and intelligence databases available to the Center when checking passengers that are at the law enforcement official referral level; and (3)standardize and streamline threat-reporting guidelines to allow behavior detection officers or other designated Transportation Security Administration officials to receive information from the Transportation Security Operations Center in a timely manner.
6.
Standardization of policies of the Transportation Security Administration
The Assistant Secretary shall, to the maximum extent practicable, continue to ensure the standardization of the security and personnel procedures of the Transportation Security Administration at airports in the United States, including by— (1)requiring standard operating procedures to be consistently enforced by the Transportation Security Administration at each airport in the United States; (2)standardizing career advancement policies based on merit; and (3)establishing timeframes and milestones for systematically conducting evaluations of the Screening of Passengers by Observation Techniques (SPOT) training program, in order to ensure behavior detection officers possess the knowledge and skills needed to perform their duties.
7.
Deployment of additional security
The Assistant Secretary shall— (1)deploy behavior detection officers to events designated as National Special Security Events by the Secretary of Homeland Security; and (2)deploy Visible Intermodal Prevention and Response teams at passenger rail facilities to enhance security and cross-training opportunities for behavior detection officers.
8.
Employee feedback
The Assistant Secretary shall establish an electronic medium through which security screening personnel and behavior detection officers of the Transportation Security Administration may anonymously submit feedback to the Assistant Secretary regarding— (1)the effectiveness of transportation security programs; and (2)any management issue that such personnel or any such Transportation Security Officer wish to bring to the attention of the Assistant Secretary.