Pub. L. 110-53, tit. XVI, sec. 1615
LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.
SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.(a) In General.—Section 44903(h)(6) of title 49, United States Code, is amended to read as follows:121 STAT. 487 “(6) Use of biometric technology for armed law enforcement travel.—“(A) In general.—Not later than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Attorney General, shall—“(i) implement this section by publication in the Federal Register; and“(ii) establish a national registered armed law enforcement program, that shall be federally managed, for law enforcement officers needing to be armed when traveling by commercial aircraft.“(B) Program requirements.—The program shall—“(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;“(ii) establish a system for law enforcement officers who need to be armed when traveling by commercial aircraft on a regular basis and for those who need to be armed during temporary travel assignments;“(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;“(iv) apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and“(v) establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board a commercial aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer.“(C) Procedures.—In establishing the program, the Secretary shall develop procedures—“(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed and the reason is within the scope of the duties of such officer;“(ii) to preserve the anonymity of the armed law enforcement officer;“(iii) to resolve failures to enroll, false matches, and false nonmatches relating to the use of the law enforcement travel credential or system;“(iv) to determine the method of issuance of the biometric credential to law enforcement officers needing to be armed when traveling by commercial aircraft;“(v) to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use;“(vi) to coordinate the program with the Federal Air Marshal Service, including the force multiplier program of the Service; and“(vii) to implement a phased approach to launching the program, addressing the immediate needs of the 121 STAT. 488 relevant Federal agent population before expanding to other law enforcement populations.”.(b) Report.—(1) In general.—Not later than 180 days after implementing the national registered armed law enforcement program required by section 44903(h)(6) of title 49, United States Code, the Secretary of Homeland Security shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a report. If the Secretary has not implemented the program within 180 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees within 180 days explaining the reasons for the failure to implement the program within the time required by that section and a further report within each successive 90-day period until the program is implemented explaining the reasons for such further delays in implementation until the program is functioning.(2) Classified format.—The Secretary may submit each report required by this subsection in classified format.