[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5909 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 5909

_______________________________________________________________________

                                 AN ACT


 
   To amend the Aviation and Transportation Security Act to prohibit 
advance notice to certain individuals, including security screeners, of 
  covert testing of security screening procedures for the purpose of 
 enhancing transportation security at airports, 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 ``Catching Operational Vulnerabilities 
by Ensuring Random Testing Act of 2008'' or the ``COVERT Act of 2008''.

SEC. 2. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY 
              SCREENERS.

    Section 111 of the Aviation and Transportation Security Act (Public 
Law 107-71; 49 U.S.C. 44935 note) is amended--
            (1) by striking the section enumerator and heading and 
        inserting the following:

``SEC. 111. TRAINING, EMPLOYMENT, AND TESTING OF SECURITY SCREENING 
              PERSONNEL.''; AND

            (2) by adding at the end the following:
    ``(e) Prohibition of Advance Notice to Security Screeners of Covert 
Testing and Evaluation.--
            ``(1) In general.--The Secretary of Homeland Security 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 individual may provide information 
                concerning a covert test of a transportation security 
                system to employees, officers, and contractors of the 
                Federal Government (including military personnel); 
                employees and officers of State and local governments; 
                and law enforcement officials, who are authorized to 
                receive or directed to be provided such information by 
                the Assistant Secretary of Homeland Security 
                (Transportation Security Administration), the Inspector 
                General of the Department of Homeland Security, or the 
                Comptroller General of the United States, 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 the transportation security 
        administration.--
                    ``(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 comprised 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 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) Impact study and report on covert testing 
        procedures.--
                    ``(A) Impact study.--The Secretary of Homeland 
                Security shall conduct a study of the impact of the 
                implementation of this subsection on the Department of 
                Homeland Security's efforts to improve transportation 
                security.
                    ``(B) Requirements.--The study under subparagraph 
                (A) shall include an assessment of--
                            ``(i) the impact of the implementation of 
                        this subsection on personnel of the Department 
                        of Homeland Security;
                            ``(ii) the impact of such implementation on 
                        information sharing within the Department;
                            ``(iii) best practices for integrating the 
                        topic of covert testing into existing training 
                        and testing programs for personnel of the 
                        Department; and
                            ``(iv) the effectiveness of covert testing 
                        as a method to improve security.
                    ``(C) Report.--Not later than 270 days after the 
                date of the enactment of this subsection, the Secretary 
                shall submit to the Committee on Homeland Security of 
                the House of Representatives and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate a report that contains--
                            ``(i) the results of the study under 
                        subparagraph (A);
                            ``(ii) recommendations for changes to the 
                        training of personnel of the Department that 
                        are necessary to ensure compliance with the 
                        requirements of this subsection; and
                            ``(iii) recommendations to improve the 
                        effectiveness of the implementation of this 
                        subsection.
            ``(5) Definitions.--For purposes of 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 regulations under title 49 of the Code of 
                        Federal Regulations.
                    ``(D) Covert testing office.--The term `covert 
                testing office' means any office of the Transportation 
                Security Administration designated by the Assistant 
                Secretary of Homeland Security (Transportation Security 
                Administration) 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.''.

            Passed the House of Representatives June 18, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 5909

_______________________________________________________________________

                                 AN ACT

   To amend the Aviation and Transportation Security Act to prohibit 
advance notice to certain individuals, including security screeners, of 
  covert testing of security screening procedures for the purpose of 
 enhancing transportation security at airports, and for other purposes.