[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3584 Reported in House (RH)]
<DOC>
Union Calendar No. 298
114th CONGRESS
2d Session
H. R. 3584
[Report No. 114-396]
To authorize, streamline, and identify efficiencies within the
Transportation Security Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2015
Mr. Katko (for himself and Mr. McCaul) introduced the following bill;
which was referred to the Committee on Homeland Security
January 12, 2016
Additional sponsor: Miss Rice of New York
January 12, 2016
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
September 22, 2015]
_______________________________________________________________________
A BILL
To authorize, streamline, and identify efficiencies within the
Transportation Security Administration, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transportation
Security Administration Reform and Improvement Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; Table of contents.
Sec. 2. Definitions.
TITLE I--AVIATION SECURITY
Sec. 101. TSA PreCheck.
Sec. 102. PreCheck and general passenger biometric identification.
Sec. 103. Limitation; PreCheck operations maintained; Alternate
methods.
Sec. 104. Secure Flight program.
Sec. 105. Efficiency review by TSA.
Sec. 106. Donation of screening equipment to protect the United States.
Sec. 107. Review of sustained security directives.
Sec. 108. Maintenance of security-related technology.
Sec. 109. Vetting of aviation workers.
Sec. 110. Aviation Security Advisory Committee consultation.
Sec. 111. Private contractor canine evaluation and integration pilot
program.
Sec. 112. Covert testing at airports.
Sec. 113. Training for transportation security officers.
TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS
Sec. 201. Surface Transportation Inspectors.
Sec. 202. Inspector General audit; TSA Office of Inspection workforce
certification.
Sec. 203. Repeal of biennial reporting requirement for the Government
Accountability Office relating to the
Transportation Security Information Sharing
Plan.
Sec. 204. Security training for frontline transportation workers.
Sec. 205. Feasibility assessment.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration; tsa.--The terms ``Administration'' and
``TSA'' mean the Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Secure flight.--The term ``Secure Flight'' means the
Administration's watchlist matching program.
TITLE I--AVIATION SECURITY
SEC. 101. TSA PRECHECK.
(a) TSA PreCheck.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall--
(1) ensure that all screening of passengers and their
accessible property shall be conducted in a risk-based,
intelligence-driven manner with consideration given to the
privacy and civil liberties of such passengers; and
(2) operate a trusted passenger screening program known as
``TSA PreCheck'' that provides expedited screening for low-risk
passengers and their accessible property based on a
comprehensive and continuous analysis of factors specified in
subsection (b).
(b) Factors.--Factors referred to in subsection (a)(2) shall
include the following:
(1) Whether passengers described in such subsection are
members of other trusted traveler programs of the Department.
(2) Whether such passengers are traveling pursuant to
subsection (m) of section 44903 of title 49, United States Code
(as established under the Risk-Based Security for Members of
the Armed Forces Act (Public Law 112-86)), section 44927 of
such title (as established under the Helping Heroes Fly Act
(Public Law 113-27)), or section 44928 of such title (as
established under the Honor Flight Act (Public Law 113-221)).
(3) Whether such passengers possess an active security
clearance or other credential issued by the Federal Government
for which TSA has conducted a written threat assessment and
determined that such passengers present a low risk to
transportation or national security.
(4) Whether such passengers are members of a population for
whom TSA has conducted a written security threat assessment,
determined that such population poses a low risk to
transportation or national security, and has issued such
passengers a known traveler number.
(5) The ability of the Administration to verify such
passengers' identity and whether such passengers pose a risk to
aviation security.
(6) Threats to transportation or national security as
identified by the intelligence community and law enforcement
community.
(c) Enrollment Expansion.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall publish
PreCheck application enrollment standards to add multiple
private sector application capabilities for the TSA PreCheck
program to increase the public's enrollment access to such
program, including standards that allow the use of secure
technologies, including online enrollment, kiosks, tablets, or
staffed computer stations at which individuals can apply for
entry into such program.
(2) Requirements.--Upon publication of the PreCheck program
application enrollment standards pursuant to paragraph (1), the
Administrator shall--
(A) coordinate with interested parties to deploy
TSA-approved ready-to-market private sector solutions
that meet the TSA PreCheck application enrollment
standards described in paragraph (1), make available
additional PreCheck enrollment capabilities, and offer
secure online and mobile enrollment opportunities;
(B) partner with the private sector to collect
biographic and biometric identification information via
kiosks, mobile devices, or other mobile enrollment
platforms to reduce the number of instances in which
passengers need to travel to enrollment centers;
(C) ensure that the kiosks, mobile devices, or
other mobile enrollment platforms referred to in
subparagraph (E) are secure and not vulnerable to data
breaches;
(D) ensure that any biometric and biographic
information is collected in a manner which is
comparable with the National Institute of Standards and
Technology standards and ensures privacy and data
security protections, including that applicants'
personally identifiable information is collected,
retained, used, and shared in a manner consistent with
section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974''), and agency
regulations;
(E) ensure that an individual who wants to enroll
in the PreCheck program and has started an application
with a single identification verification at one
location will be able to save such individual's
application on any kiosk, personal computer, mobile
device, or other mobile enrollment platform and be able
to return within a reasonable time to submit a second
identification verification; and
(F) ensure that any enrollment expansion using a
private sector risk assessment instead of a
fingerprint-based criminal history records check is
determined, by the Secretary of Homeland Security, to
be equivalent to a fingerprint-based criminal history
records check conducted through the Federal Bureau of
Investigation.
(3) Marketing of precheck program.--Upon publication of
PreCheck program application enrollment standards pursuant to
paragraph (1), the Administrator shall--
(A) in accordance with such standards, develop and
implement--
(i) a process, including an associated
timeframe, for approving private sector
marketing of the TSA PreCheck program; and
(ii) a strategy for partnering with the
private sector to encourage enrollment in such
program; and
(B) submit to Congress a report on any PreCheck
fees collected in excess of the costs of administering
such program, including recommendations for using such
amounts to support marketing of such program under this
subsection.
(4) Identity verification enhancement.--Not later than 90
days after the date of the enactment of this Act, the
Administrator shall--
(A) coordinate with the heads of appropriate
components of the Department to leverage Department-
held data and technologies to verify the citizenship of
individuals enrolling in the TSA PreCheck program; and
(B) partner with the private sector to use advanced
biometrics and standards comparable with National
Institute of Standards and Technology standards to
facilitate enrollment in such program.
(5) Precheck lane operation.--The Administrator shall--
(A) ensure that TSA PreCheck screening lanes are
open and available during peak and high-volume travel
times at airports to individuals enrolled in the
PreCheck program; and
(B) make every practicable effort to provide
expedited screening at standard screening lanes during
times when PreCheck screening lanes are closed to
individuals enrolled in such program in order to
maintain operational efficiency.
(6) Vetting for precheck participants.--Not later than 90
days after the date of the enactment of this Act, the
Administrator shall initiate an assessment of the security
vulnerabilities in the vetting process for the PreCheck program
that includes an evaluation of whether subjecting PreCheck
participants to recurrent fingerprint-based criminal history
records checks, in addition to recurrent checks against the
terrorist watchlist, could be done in a cost-effective manner
to strengthen the security of the PreCheck program.
SEC. 102. PRECHECK AND GENERAL PASSENGER BIOMETRIC IDENTIFICATION.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator shall conduct a pilot project
to establish a secure, automated, biometric-based system at airports to
verify the identity of passengers who are members of TSA PreCheck. Such
system shall--
(1) reduce the need for security screening personnel to
perform travel document verification for individuals enrolled
in TSA PreCheck;
(2) reduce the average wait time of individuals enrolled in
TSA PreCheck;
(3) reduce overall operating expenses of the
Administration;
(4) be integrated with the Administration's watch list and
trusted traveler matching program;
(5) be integrated with other checkpoint technologies to
further facilitate risk-based passenger screening at the
checkpoint, to the extent practicable and consistent with
security standards; and
(6) consider capabilities and policies of U.S. Customs and
Border Protection's Global Entry Program, as appropriate.
(b) Establishment of Screening System for Certain Passengers.--
Section 44901 of title 49, United States Code is amended--
(1) by redesignating subsections (c) through (l) as
subsections (d) through (m), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Establishment of Screening System for Certain Passengers.--
Not later than December 31, 2017, in accordance with the requirements
of the Transportation Security Administration Reform and Improvement
Act of 2015, the Administrator of the Transportation Security
Administration shall establish a secure, automated system at all large
hub airports for verifying travel and identity documents of passengers
who are not members of the Administration's risk-based aviation
passenger screening program, known as `TSA PreCheck'. Such system
shall--
``(1) assess the need for security screening personnel to
perform travel document verification for such passengers,
thereby assessing the overall number of such screening
personnel;
``(2) assess the average wait time of such passengers;
``(3) assess overall operating expenses of the
Administration;
``(4) be integrated with the Administration's watch list
matching program; and
``(5) be integrated with other checkpoint technologies to
further facilitate risk-based passenger screening at the
checkpoint, to the extent practicable and consistent with
security standards.''.
SEC. 103. LIMITATION; PRECHECK OPERATIONS MAINTAINED; ALTERNATE
METHODS.
(a) In General.--Except as provided in subsection (c), the
Administrator shall direct that access to expedited airport security
screening at an airport security checkpoint be limited to only the
following:
(1) A passenger who voluntarily submits biographic and
biometric information for a security risk assessment and whose
application for the PreCheck program has been approved, or a
passenger who is a participant in another trusted or registered
traveler program of the Department.
(2) A passenger traveling pursuant to section 44903 of
title 49, United States Code (as established under the Risk-
Based Security for Members of the Armed Forces Act (Public Law
112-86)), section 44927 of such title (as established under the
Helping Heroes Fly Act (Public Law 113-27)), or section 44928
of such title (as established under the Honor Flight Act
(Public Law 113-221)).
(3) A passenger who did not voluntarily submit biographic
and biometric information for a security risk assessment but is
a member of a population designated by the Administrator as
known and low-risk and who may be issued a unique, known
traveler number by the Administrator determining that such
passenger is a member of a category of travelers designated by
the Administrator as known and low-risk.
(b) PreCheck Operations Maintained.--In carrying out subsection
(a), the Administrator shall ensure that expedited airport security
screening remains available to passengers at or above the level that
exists on the day before the date of the enactment of this Act.
(c) Frequent Fliers.--If the Administrator determines that such is
appropriate, the implementation of subsection (a) may be delayed by up
to one year with respect to the population of passengers who did not
voluntarily submit biographic and biometric information for security
risk assessments but who nevertheless receive expedited airport
security screening because such passengers are designated as frequent
fliers by air carriers. If the Administrator uses the authority
provided by this subsection, the Administrator shall notify the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate of
such phased-in implementation.
(d) Alternate Methods.--The Administrator may provide access to
expedited airport security screening to additional passengers pursuant
to an alternate method upon the submission to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of an independent assessment
of the security effectiveness of such alternate method that is
conducted by an independent entity that determines that such alternate
method is designed to--
(1) reliably and effectively identify passengers who likely
pose a low risk to the United States aviation system;
(2) mitigate the likelihood that a passenger who may pose a
security threat to the United States aviation system is
selected for expedited security screening; and
(3) address known and evolving security risks to the United
States aviation system.
(e) Information Sharing.--The Administrator shall provide to the
entity conducting the independent assessment under subsection (d)
effectiveness testing results that are consistent with established
evaluation design practices, as identified by the Comptroller General
of the United States.
(f) Reporting.--Not later than three months after the date of the
enactment of this Act and annually thereafter, the Administrator shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the percentage of all passengers who
are provided expedited security screening, and of such passengers so
provided, the percentage who are participants in the PreCheck program
(who have voluntarily submitted biographic and biometric information
for security risk assessments), the percentage who are participants in
another trusted traveler program of the Department, the percentage who
are participants in the PreCheck program due to the Administrator's
issuance of known traveler numbers, and for the remaining percentage of
passengers granted access to expedited security screening in PreCheck
security lanes, information on the percentages attributable to each
alternative method utilized by the Administration to direct passengers
to expedited airport security screening at PreCheck security lanes.
(g) Rule of Construction.--Nothing in this section may be construed
to--
(1) authorize or direct the Administrator to reduce or
limit the availability of expedited security screening at an
airport; or
(2) limit the authority of the Administrator to use
technologies and systems, including passenger screening canines
and explosives trace detection, as a part of security screening
operations.
SEC. 104. SECURE FLIGHT PROGRAM.
Not later than 90 days after the date of the enactment of this Act,
the Administrator shall--
(1) develop a process for regularly evaluating the root
causes of screening errors at checkpoints across airports so
that corrective measures are able to be identified;
(2) implement such corrective measures to address the root
causes of such screening errors occurring at the checkpoint;
(3) develop additional measures to address key performance
aspects related to the Secure Flight program goals and ensure
that such measures clearly identify activities necessary to
achieve progress towards such goals;
(4) develop a mechanism to systematically document the
number and causes of Secure Flight program matching errors for
the purpose of improving program performance and provide
program managers with timely and reliable information;
(5) provide job-specific privacy refresher training for
Secure Flight program staff to further protect personally
identifiable information in the Secure Flight system program;
and
(6) develop a mechanism to comprehensively document and
track key Secure Flight program privacy issues and decisions to
ensure the Secure Flight program has complete information for
effective oversight of its privacy controls.
SEC. 105. EFFICIENCY REVIEW BY TSA.
(a) Review Required.--Not later than 270 days after the date of the
enactment of this Act, the Administrator shall conduct and complete a
comprehensive, agency-wide efficiency review of the Administration to
identify spending reductions and administrative savings through the
streamlining and any necessary restructuring of agency divisions to
make the Administration more efficient. In carrying out the review
under this section, the Administrator shall consider each of the
following:
(1) The elimination of any duplicative or overlapping
programs and initiatives that can be streamlined.
(2) The elimination of any unnecessary or obsolete rules,
regulations, directives, or procedures.
(3) Any other matters the Administrator determines are
appropriate.
(b) Report to Congress.--Not later than 30 days after the
completion of the efficiency review required under subsection (a), the
Administrator shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report that specifies the results and
cost savings expected to be achieved through such efficiency review.
Such report shall also include information relating to how the
Administration may use efficiencies identified through such efficiency
review to provide funding to reimburse airports that incurred eligible
costs for in-line baggage screening systems.
SEC. 106. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED STATES.
(a) In General.--The Administrator is authorized to donate security
screening equipment to a foreign last-point-of-departure airport
operator if such equipment can be reasonably expected to mitigate a
specific vulnerability to the security of the United States or United
States citizens.
(b) Report to Congress.--Not later than 30 days before any donation
of equipment under this section, the Administrator shall provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
detailed written explanation of--
(1) the specific vulnerability to the United States that
will be mitigated with such donation;
(2) an explanation as to why the recipient is unable or
unwilling to purchase equipment to mitigate such threat;
(3) an evacuation plan for sensitive technologies in case
of emergency or instability in the country to which such
donation is being made;
(4) how the Administration will ensure the equipment that
is being donated is used and maintained over the course of its
life by the recipient; and
(5) the total dollar value of such donation.
SEC. 107. REVIEW OF SUSTAINED SECURITY DIRECTIVES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, for any security
directive that has been in effect for longer than one year, the
Administrator shall review the necessity of such directives, from a
risk-based perspective.
(b) Briefing to Congress.--Upon completion of each review pursuant
to subsection (a), the Administrator shall brief the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on--
(1) any changes being made to existing security directives
as a result of each such review;
(2) the specific threat that is being mitigated by any such
directive that will remain in effect; and
(3) the planned disposition of any such directive.
SEC. 108. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.
(a) In General.--Title XVI of the Homeland Security Act of 2002 (6
U.S.C. 561 et seq.) is amended by adding at the end the following:
``Subtitle C--Maintenance of Security-Related Technology
``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.
``(a) In General.--Not later than 180 days after the date of the
enactment of this subtitle, the Administrator shall develop and
implement a preventive maintenance validation process for security-
related technology deployed to airports.
``(b) Maintenance by Administration Personnel at Airports.--For
maintenance to be carried out by Administration personnel at airports,
the process referred to in subsection (a) shall include the following:
``(1) Guidance to Administration personnel, equipment
maintenance technicians, and other personnel at airports
specifying how to conduct and document preventive maintenance
actions.
``(2) Mechanisms for the Administrator to verify compliance
with the guidance issued pursuant to paragraph (1).
``(c) Maintenance by Contractors at Airports.--For maintenance to
be carried out by a contractor at airports, the process referred to in
subsection (a) shall require the following:
``(1) Provision of monthly preventive maintenance schedules
to appropriate Administration personnel at each airport that
includes information on each action to be completed by a
contractor.
``(2) Notification to appropriate Administration personnel
at each airport when maintenance action is completed by a
contractor.
``(3) A process for independent validation by a third party
of contractor maintenance.
``(d) Penalties for Noncompliance.--The Administrator shall require
maintenance contracts for security-related technology deployed to
airports to include penalties for noncompliance when it is determined
that either preventive or corrective maintenance has not been completed
according to contractual requirements and manufacturers'
specifications.''.
(b) Inspector General Assessment.--Not later than one year after
the date of the enactment of this Act, the Inspector General of the
Department of Homeland Security shall assess implementation of the
requirements under section 1621 of the Homeland Security Act of 2002
(as added by subsection (a) of this section), and provide findings and
recommendations with respect to the provision of training to
Administration personnel, equipment maintenance technicians, and other
personnel under such section 1621 and the availability and utilization
of equipment maintenance technicians employed by the Administration.
(c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1616 the following:
``Subtitle C--Maintenance of Security-Related Technology
``Sec. 1621. Maintenance validation and oversight.''.
SEC. 109. VETTING OF AVIATION WORKERS.
(a) In General.--Subtitle A of title XVI of the Homeland Security
Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section
1601 the following new section:
``SEC. 1602. VETTING OF AVIATION WORKERS.
``(a) In General.--By not later than December 31, 2015, the
Administrator, in coordination with the Assistant Secretary for Policy
of the Department, shall request from the Director of National
Intelligence access to additional data from the Terrorist Identities
Datamart Environment (TIDE) data and any or other terrorism-related
information to improve the effectiveness of the Administration's
credential vetting program for individuals with unescorted access to
sensitive areas of airports.
``(b) Security Inspection.--By not later than December 31, 2015,
the Administrator shall issue guidance for Transportation Security
Inspectors to annually review airport badging office procedures for
applicants seeking access to sensitive areas of airports. Such guidance
shall include a comprehensive review of applicants' Criminal History
Records Check (CHRC) and work authorization documentation during the
course of an inspection.
``(c) Information Sharing.--By not later than December 31, 2015,
the Administrator may conduct a pilot program of the Rap Back Service,
in coordination with the Director of the Federal Bureau of
Investigation, to determine the feasibility of full implementation of a
service through which the Administrator would be notified of a change
in status of an individual holding a valid credential granting
unescorted access to sensitive areas of airports across eligible
Administration-regulated populations.
``(d) Procedures.--The pilot program under subsection (c) shall
evaluate whether information can be narrowly tailored to ensure that
the Administrator only receives notification of a change with respect
to a disqualifying offense under the credential vetting program under
subsection (a), as specified in 49 CFR 1542.209, and in a manner that
complies with current regulations for fingerprint-based criminal
history records checks. The pilot program shall be carried out in a
manner so as to ensure that, in the event that notification is made
through the Rap Back Service of a change but a determination of arrest
status or conviction is in question, the matter will be handled in a
manner that is consistent with current regulations. The pilot program
shall also be carried out in a manner that is consistent with current
regulations governing an investigation of arrest status, correction of
Federal Bureau of Investigation records and notification of
disqualification, and corrective action by the individual who is the
subject of an inquiry.
``(e) Determination and Submission.--If the Administrator
determines that full implementation of the Rap Back Service is feasible
and can be carried out in a manner that is consistent with current
regulations for fingerprint-based criminal history checks, including
the rights of individuals seeking credentials, the Administrator shall
submit such determination, in writing, to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate, together with information on
the costs associated with such implementation, including the costs
incurred by the private sector. In preparing this determination, the
Administrator shall consult with the Chief Civil Rights and Civil
Liberties Officer of the Department to ensure that protocols are in
place to align the period of retention of personally identifiable
information and biometric information, including fingerprints, in the
Rap Back Service with the period in which the individual who is the
subject of an inquiry has a valid credential.
``(f) Credential Security.--By not later than September 30, 2015,
the Administrator shall issue guidance to airports mandating that all
federalized airport badging authorities place an expiration date on
airport credentials commensurate with the period of time during which
an individual is lawfully authorized to work in the United States.
``(g) Aviation Worker Lawful Status.--By not later than December
31, 2015, the Administrator shall review the denial of credentials due
to issues associated with determining an applicant's lawful status in
order to identify airports with specific weaknesses and shall
coordinate with such airports to mutually address such weaknesses, as
appropriate.
``(h) Reports to Congress.--Upon completion of the determinations
and reviews required under this section, the Administrator shall brief
the Committee on Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the results of
such determinations and reviews.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1601 the following new item:
``Sec. 1602. Vetting of aviation workers.''.
(c) Status Update on Rap Back Service Pilot Program.--Not later
than 60 days after the date of the enactment of this Act, the
Administrator of the Transportation Security Administration shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and Transportation of
the Senate a report on the status of plans to conduct a pilot program
in coordination with the Federal Bureau of Investigation of the Rap
Back Service in accordance with subsection (c) of section 1602 of the
Homeland Security Act of 2002, as added by subsection (a) of this
section. The report shall include details on the business, technical,
and resource requirements for the Transportation Security
Administration and pilot program participants, and provide a timeline
and goals for the pilot program.
SEC. 110. AVIATION SECURITY ADVISORY COMMITTEE CONSULTATION.
(a) In General.--The Administrator shall consult, to the extent
practicable, with the Aviation Security Advisory Committee (established
pursuant to section 44946 of title 49 of the United States Code)
regarding any modification to the prohibited item list prior to issuing
a determination about any such modification.
(b) Report on the Transportation Security Oversight Board.--Not
later than 120 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Transportation
Security Oversight Board (established pursuant to section 115 of title
49, United States Code), the Committee on Homeland Security of the
House of Representatives, and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes general information
on how often the Board has met, the current composition of the Board,
and what activities the Board has undertaken, consistent with the
duties specified in subsection (c) of such section. The Secretary may
include in such report recommendations for changes to such section in
consideration of the provisions of section 44946 of title 49, United
States Code.
(c) Technical Correction.--Subparagraph (A) of section 44946(c)(2)
of title 49, United States Code, is amended to read as follows:
``(A) Terms.--The term of each member of the
Advisory Committee shall be two years but may continue
until such time as a successor member begins serving on
the Advisory Committee. A member of the Advisory
Committee may be reappointed.''.
(d) Definition.--In this section, the term ``prohibited item list''
means the list of items passengers are prohibited from carrying as
accessible property or on their persons through passenger screening
checkpoints at airports, into sterile areas at airports, and on board
passenger aircraft, pursuant to section 1540.111 of title 49, Code of
Federal Regulations (as in effect on January 1, 2015).
SEC. 111. PRIVATE CONTRACTOR CANINE EVALUATION AND INTEGRATION PILOT
PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall establish a pilot
program to evaluate the use, effectiveness, and integration of
privately-operated explosives detection canine teams using both the
passenger screening canine and traditional explosives detection canine
methods.
(b) Elements.--The pilot program under subsection (a) shall include
the following elements:
(1) A full-time presence in three Category X, two Category
I, and one Category II airports.
(2) A duration of at least twelve months from the time
private contractor teams are operating at full capacity.
(3) A methodology for evaluating how to integrate private
contractor teams into the checkpoint area to detect explosive
devices missed by mechanical or human error at other points in
the screening process.
(4) Covert testing with inert improvised explosive devices
and accurately recreated explosives odor traces to determine
the relative effectiveness of a full-time canine team in
strengthening checkpoint security.
(c) Quarterly Updates.--The Administrator 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
written updates on the procurement, deployment, and evaluation process
related to the implementation of the pilot program under subsection (a)
for every calendar quarter after the date of the enactment of this Act.
(d) Final Report.--Not later than 90 days after the completion of
the pilot program under subsection (a), the Administrator 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 final report on such pilot program.
(e) Funding.--Out of funds made available to the Office of the
Secretary of Homeland Security, $6,000,000 is authorized to be used to
carry out this section.
SEC. 112. COVERT TESTING AT AIRPORTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act and annually thereafter through 2020, the
Administrator shall conduct covert testing on an on-going basis to test
vulnerabilities and identify weaknesses in the measures used to secure
the aviation system of the United States. The Administrator shall, on a
quarterly basis if practicable, provide to the Inspector General of the
Department such testing results, methodology, and data.
(b) Elements.--In carrying out the covert testing required under
subsection (a), the Administrator shall--
(1) consider security screening and procedures conducted by
TSA;
(2) use available threat information and intelligence to
determine the types and sizes of simulated threat items and
threat item-body location configurations for such covert
testing;
(3) use a risk-based approach to determine the location and
number of such covert testing;
(4) conduct such covert testing without notifying personnel
at airports prior to such covert testing; and
(5) identify reasons for failure when TSA personnel or the
screening equipment used do not identify and resolve any threat
item used during such a covert test.
(c) Independent Review.--The Inspector General of the Department
shall conduct covert testing of the aviation system of the United
States in addition to the covert testing conducted by the Administrator
under subsection (a), as appropriate, and analyze TSA covert testing
results, methodology, and data provided pursuant to such subsection to
determine the sufficiency of TSA covert testing protocols. The
Inspector General shall, as appropriate, compare testing results of any
additional covert testing conducted pursuant to this subsection with
the results of TSA covert testing under subsection (a) to determine
systemic weaknesses in the security of the aviation system of the
United States.
(d) Corrective Action.--Not later than 30 days upon completion of
any covert testing under subsection (a), the Administrator shall make
recommendations and implement corrective actions to mitigate
vulnerabilities identified by such covert testing and shall notify the
Inspector General of the Department of such recommendations and
actions. The Inspector General shall review the extent to which such
recommendations and actions are implemented and the degree to which
such recommendations and actions improve the security of the aviation
system of the United States.
(e) Congressional Notification.--
(1) By the administrator.--Not later than 30 days upon
completion of any covert testing under subsection (a), the
Administrator shall brief the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the
results of such covert testing.
(2) By the inspector general of the department.--The
Inspector General shall brief the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate annually on
the requirements specified in this section.
(f) Rule of Construction.--Nothing in this section may be construed
to prohibit the Administrator or the Inspector General of the
Department from conducting covert testing of the aviation system of the
United States with greater frequency than required under this section.
SEC. 113. TRAINING FOR TRANSPORTATION SECURITY OFFICERS.
The Administrator shall, on a periodic basis, brief the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the status of
efforts to enhance initial and recurrent training of Transportation
Security Officers.
TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS
SEC. 201. SURFACE TRANSPORTATION INSPECTORS.
(a) In General.--Section 1304(d) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113;
Public Law 110-53) is amended--
(1) by inserting ``surface'' after ``relevant''; and
(2) by striking ``, as determined appropriate''.
(b) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and Transportation of
the Senate a report on the efficiency and effectiveness of the
Administration's Surface Transportation Security Inspectors Program
under subsection (d) of section 1304 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113;
Public Law 110-53).
(c) Contents.--The report required under subsection (b) shall
include a review of the following:
(1) The roles and responsibilities of surface
transportation security inspectors.
(2) The extent to which the TSA has used a risk-based,
strategic approach to determine the appropriate number of
surface transportation security inspectors and resource
allocation across field offices.
(3) Whether TSA's surface transportation regulations are
risk-based and whether surface transportation security
inspectors have adequate experience and training to perform
their day-to-day responsibilities.
(4) Feedback from regulated surface transportation industry
stakeholders on the benefit of surface transportation security
inspectors to the overall security of the surface
transportation systems of such stakeholders and the consistency
of regulatory enforcement.
(5) Whether surface transportation security inspectors have
appropriate qualifications to help secure and inspect surface
transportation systems.
(6) Whether TSA measures the effectiveness of surface
transportation security inspectors.
(7) Any overlap between the TSA and the Department of
Transportation as such relates to surface transportation
security inspectors in accordance with section 1310 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1117; Public Law 110-53).
(8) The extent to which surface transportation security
inspectors review and enhance information security practices
and enforce applicable information security regulations and
directives.
(9) Any recommendations relating to the efficiency and
effectiveness of the TSA's surface transportation security
inspectors program.
SEC. 202. INSPECTOR GENERAL AUDIT; TSA OFFICE OF INSPECTION WORKFORCE
CERTIFICATION.
(a) Inspector General Audit.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Inspector General of the
Department shall analyze the data and methods that the
Administrator uses to identify Office of Inspection employees
of the Administration who meet the requirements of sections
8331(20), 8401(17), and 5545a of title 5, United States Code,
and provide the relevant findings to the Administrator,
including a finding on whether such data and methods are
adequate and valid.
(2) Prohibition on hiring.--If the Inspector General of the
Department finds that the data and methods referred to in
paragraph (1) are inadequate or invalid, the Administrator may
not hire any new employee to work in the Office of Inspection
of the Administration until--
(A) the Administrator makes a certification
described in subsection (b)(1) to the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Inspector General submits to such
Committees a finding, not later than 30 days after the
Administrator makes such certification, that the
Administrator utilized adequate and valid data and
methods to make such certification.
(b) TSA Office of Inspection Workforce Certification.--
(1) In general.--The Administrator shall, by not later than
90 days after the date the Inspector General of the Department
provides its findings to the Assistant Secretary under
subsection (a)(1), document and certify in writing to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and Transportation of
the Senate that only those Office of Inspection employees of
the Administration who meet the requirements of sections
8331(20), 8401(17), and 5545a of title 5, United States Code,
are classified as criminal investigators and are receiving
premium pay and other benefits associated with such
classification.
(2) Employee reclassification.--The Administrator shall
reclassify criminal investigator positions in the Office of
Inspection of the Administration as noncriminal investigator
positions or non-law enforcement positions if the individuals
in such positions do not, or are not expected to, spend an
average of at least 50 percent of their time performing
criminal investigative duties.
(3) Projected cost savings.--
(A) In general.--The Administrator shall estimate
the total long-term cost savings to the Federal
Government resulting from the implementation of
paragraph (2), and provide such estimate to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate by not later
than 180 days after the date of enactment of this Act.
(B) Contents.--The estimate described in
subparagraph (A) shall identify savings associated with
the positions reclassified under paragraph (2) and
include, among other factors the Administrator
considers appropriate, savings from--
(i) law enforcement training;
(ii) early retirement benefits;
(iii) law enforcement availability and
other premium pay; and
(iv) weapons, vehicles, and communications
devices.
(c) Study.--Not later than 180 days after the date that the
Administrator submits the certification under subsection (b)(1), the
Inspector General of the Department shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate a study--
(1) reviewing the employee requirements, responsibilities,
and benefits of criminal investigators in the Office of
Inspection of the Administration with criminal investigators
employed at agencies adhering to the Office of Personnel
Management employee classification system; and
(2) identifying any inconsistencies and costs implications
for differences between the varying employee requirements,
responsibilities, and benefits.
SEC. 203. REPEAL OF BIENNIAL REPORTING REQUIREMENT FOR THE GOVERNMENT
ACCOUNTABILITY OFFICE RELATING TO THE TRANSPORTATION
SECURITY INFORMATION SHARING PLAN.
Subsection (u) of section 114 of title 49, United States Code, is
amended by--
(1) striking paragraph (7); and
(2) redesignating paragraphs (8) and (9) as paragraphs (7)
and (8), respectively.
SEC. 204. SECURITY TRAINING FOR FRONTLINE TRANSPORTATION WORKERS.
Not later than 90 days after the date of the enactment of the Act,
the Administrator shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report regarding the status of the
implementation of sections 1408 (6 U.S.C. 1137) and 1534 (6 U.S.C.
1184) of the Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53). The Administrator shall include in such
report specific information on the challenges that the Administrator
has encountered since the date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007 with respect to
establishing regulations requiring the provision of basic security
training to public transportation frontline employees and over-the-road
bus frontline employees for preparedness for potential security threats
and conditions.
SEC. 205. FEASIBILITY ASSESSMENT.
Not later than 120 days after the date of the enactment of this
Act, the Administrator shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate a feasibility assessment of
partnering with an independent, not-for-profit organization to help
provide venture capital to businesses, particularly small businesses,
for commercialization of innovative homeland security technologies that
are expected to be ready for commercialization in the near term and
within 36 months. In conducting such feasibility assessment, the
Administrator shall consider the following:
(1) Establishing an independent, not-for-profit
organization, modeled after the In-Q-tel program, a venture
capital partnership between the private sector and the
intelligence community (as such term is defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)), to
help businesses, particularly small businesses, commercialize
innovative security-related technologies.
(2) Enhanced engagement, either through the Science and
Technology Directorate of the Department of Homeland Security
or directly, with the In-Q-tel program described in paragraph
(1).
Union Calendar No. 298
114th CONGRESS
2d Session
H. R. 3584
[Report No. 114-396]
_______________________________________________________________________
A BILL
To authorize, streamline, and identify efficiencies within the
Transportation Security Administration, and for other purposes.
_______________________________________________________________________
January 12, 2016
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed