[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1092 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1092

    To address aviation security in the United States by bolstering 
passenger and air cargo screening procedures, to ensure that purchases 
of screening technologies are thoroughly evaluated for the best return 
     on investment of the taxpayer's money, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2011

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 address aviation security in the United States by bolstering 
passenger and air cargo screening procedures, to ensure that purchases 
of screening technologies are thoroughly evaluated for the best return 
     on investment of the taxpayer's money, 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.

    This Act may be cited as the ``Aviation Security Innovation & 
Reform Act of 2011'' or the ``AIR Act of 2011''.

SEC. 2. 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.--To the extent and in the manner determined 
        to be appropriate by the Assistant Secretary, 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 detection training to law 
                enforcement personnel to facilitate the prevention of 
                terrorist attacks on aviation and mass transportation 
                systems.''.

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

SEC. 4. PARTNERSHIPS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES, 
              INTERNATIONAL GOVERNMENTS, AND THE PRIVATE SECTOR.

    (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 to improve the 
coordination of behavior detection activities.
    (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.
    (c) Study on Real-Time Information Sharing.--
            (1) In general.--The Secretary of Homeland Security shall 
        conduct a study on the feasibility of creating an Aviation 
        Sharing Analysis Center (in this Act referred to as ``ASAC'') 
        to provide real-time information sharing relating to threats to 
        the aviation sector.
            (2) Scope.--The Secretary shall study the feasibility of 
        providing information sharing and analysis on a formal and 
        informal basis among public and private sector entities in a 
        manner that ensures a better understanding of security problems 
        in the aviation sector, better communication of critical 
        infrastructure information, and better prevention, detection, 
        and mitigation of security threats related to critical aviation 
        infrastructure.
            (3) Reports.--The Secretary shall submit a report to 
        Congress not later than 180 days after the date of the 
        enactment of this Act on the results of the study conducted 
        under this subsection.
    (d) International Cooperation.--The Secretary of Homeland Security 
shall continue to advocate for international cooperation in the 
development of international aviation security standards, using both 
bilateral and multilateral approaches by working with foreign 
governments and organizations to strengthen security while promoting 
travel and protecting travelers' rights.

SEC. 5. ACCESS TO INFORMATION DATABASES.

    The Assistant Secretary shall--
            (1) 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 whose behavior warrants 
        intervention by a law enforcement official; and
            (2) standardize and streamline threat-reporting guidelines 
        to allow behavior detection officers or other designated 
        Transportation Security Administration officials to receive 
        information from the Transportation Security Operations Center 
        in a timely manner.

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

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

SEC. 7. DEPLOYMENT OF ADDITIONAL SECURITY.

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

SEC. 8. EMPLOYEE FEEDBACK.

    The Assistant Secretary shall establish an electronic medium 
through which Transportation Security Officers 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 may wish to 
        bring to the attention of the Assistant Secretary.

SEC. 9. AIR CARGO SECURITY.

    The Assistant Secretary shall develop and implement a system to 
verify the accuracy of air carrier screening data to determine the 
level of compliance with the congressionally mandated 100-percent air 
cargo screening requirements specified in section 232 of the SAFE Port 
Act (6 U.S.C. 982).

SEC. 10. EFFECTIVENESS AND EFFICIENCY OF SCREENING TECHNOLOGIES.

    (a) In General.--The Assistant Secretary shall develop a technology 
implementation plan that establishes how screening technologies will be 
integrated into overall aviation security systems at airports. As part 
of the plan, the Assistant Secretary shall--
            (1) perform an internal study and evaluation of passenger 
        and cargo screening technologies and equipment before entering 
        into any contract to purchase a new technology; and
            (2) ensure that all passenger and cargo screening 
        technology and equipment can be upgraded and easily integrated 
        with other technologies.
    (b) Special Requirements.--Before deploying any passenger or 
screening technology or equipment that is designed to detect explosive 
compounds, the Assistant Secretary shall ensure that the technology and 
equipment can detect all explosive compounds that are known and 
characterized, such as pentaerythritol tetranitrate (PETN) and acetone 
peroxide (TATP).
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, and for each of the 5 years thereafter, the Assistant 
Secretary shall report to Congress on the actions the Assistant 
Secretary is taking to address--
            (1) the recommendations included in Department of Homeland 
        Security's April 2011 Science and Technology Directorate study 
        on the Transportation Security Administration's behavior 
        detection (commonly referred to as ``SPOT'');
            (2) the recommendations included in the Government 
        Accounting Office's May 2010 SPOT report; and
            (3) any additional steps the Assistant Secretary has taken, 
        or is considering taking, to ensure that the behavior analysis 
        program is a cost-effective and valid counterterrorism 
        screening tool.

SEC. 11. FREQUENT TRAVELER PROGRAM.

    The Secretary of Homeland Security shall explore expanding access 
to international trusted traveler programs for international passengers 
entering the United States by looking at other domestic and foreign 
government trusted traveler programs and identifying the best 
practices. The Secretary shall also take the lead in establishing a 
multinational network of streamlined entry procedures for low-risk 
travelers. The Assistant Secretary shall report to Congress not later 
than 1 year after the date of the enactment of this Act with 
recommendations for changes in law that may be necessary to streamline 
entry procedures.

SEC. 12. AIRPORT INFRASTRUCTURE.

    In carrying out this Act, the Assistant Secretary shall work with 
each airport and offsite airport-related facility to continue to obtain 
sufficient physical space for Transportation Security Officers to work 
or train when not performing screening duty and report to Congress not 
later than 1 year after the date of the enactment of this Act on the 
status of the effort to obtain such space.

SEC. 13. AVIATION ADVISORY PANEL.

    (a) In General.--To assist in carrying out the provisions of this 
Act, the Assistant Secretary shall establish an independent panel of 
experts comprised of leaders from State and local governments, first 
responder communities, the private sector, and academia, with 
appropriate security clearances to review Transportation Security 
Administration aviation security programs, including passenger 
screening programs, checked baggage screening programs, and air cargo 
screening programs--
            (1) to assess the risk each program is designed to 
        mitigate; and
            (2) to develop metrics for measuring the progress of each 
        program in lessening that risk.
    (b) Report.--Not later than 90 days after completing a review of 
each program described in subsection (a), the Assistant Secretary shall 
submit to Congress a copy of the report completed by the panel of 
experts under subsection (a) and an action plan with defined milestones 
for addressing the findings and recommendations of the panel.
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