[Congressional Record Volume 162, Number 28 (Tuesday, February 23, 2016)]
[House]
[Pages H824-H830]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION SECURITY ADMINISTRATION REFORM AND IMPROVEMENT ACT OF
2015
Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3584) to authorize, streamline, and identify efficiencies within
the Transportation Security Administration, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3584
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
[[Page H825]]
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;
[[Page H826]]
(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
[[Page H827]]
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
[[Page H828]]
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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Katko) and the gentlewoman from New Jersey (Mrs. Watson
Coleman) each will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KATKO. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days within which to revise and extend their remarks and
include any extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 3584, the
Transportation Security Administration Reform and Improvement Act.
This critical bipartisan piece of legislation ensures several
congressional oversight priorities for the Transportation Security
Administration are addressed, including the authorization of the
PreCheck program, the advancement of risk-based security initiatives,
the enhancement of aviation worker vetting, and the improvement of
airport screening technologies.
H.R. 3584 also takes numerous steps toward augmenting the
effectiveness and efficiency of various TSA security programs within
both the surface and aviation transportation sectors, and it requires
the administrator to conduct an efficiency review of the entire agency.
[[Page H829]]
Since assuming the chairmanship of the Subcommittee on Transportation
Security at the beginning of this Congress, I have worked tirelessly
with my colleagues to conduct rigorous oversight of this troubled
agency. This bill is a direct result of our bipartisan efforts, and I
am pleased to stand before you and have the House consider this
important legislation.
If signed into law, this legislation will make a direct impact on the
safety and security of the traveling public and America's
transportation systems. In an era of pronounced and evolving threats to
the homeland, Congress must not wait to act in the best interests of
transportation security.
Further, the often misdirected nature of the TSA requires that we, as
legislators and overseers, fulfill our obligation to reform this
fledgling agency into an intelligence-driven organization.
When I came to Congress, I pledged to my constituents that I would
work hard to deliver results. I am proud of all the work the Committee
on Homeland Security has done over the past year. I am honored to have
the privilege to sponsor so many pieces of legislation that are helping
to keep our country safe.
I would like to thank Ranking Member Rice and Ranking Member Thompson
for their time and attention to this important piece of legislation. I
would also like to thank the gentleman from Texas (Mr. McCaul), the
chairman of the full committee, for his continued support of the
subcommittee's oversight efforts and for ensuring important pieces of
legislation, such as H.R. 3584, are considered on the House floor.
The Committee on Homeland Security's legislative results under the
leadership of Chairman McCaul and Ranking Member Thompson are proof
that, by working together in a bipartisan fashion, not only can we
improve the security of our country, but we can demonstrate to the
American people that Congress can actually work together and deliver
results.
I urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may
consume, and I rise in support of H.R. 3584, the Transportation
Security Administration Reform and Improvement Act of 2015.
Mr. Speaker, I am pleased that H.R. 3584 includes language authored
by Ranking Member Bennie Thompson to direct TSA to move away from how
it identifies low-risk passengers for expedited airport screening.
In recent years, both the Department of Homeland Security's inspector
general and the comptroller general have been very critical about the
security risks of the so-called managed inclusion process. In response,
Ranking Member Thompson introduced the Securing Expedited Screening
Act, which was included in this measure.
We all have an interest in TSA effectively managing airport
screening. Ensuring that a robust known-traveler program for low-risk
travelers is built into TSA's concept of screening operations just
makes sense.
That is why I support the expansion of the PreCheck program, under
which expedited screening is provided to travelers who have been fully
vetted prior to arriving at the airport.
I am pleased that H.R. 3584 includes provisions to expand the
public's enrollment in the PreCheck program by, among other things,
coordinating with the private sector to deploy TSA-approved online and
mobile enrollment centers.
Another key to the effective management of airport screening is the
maintenance of the security equipment. I am pleased that H.R. 3584
includes language authored by Representative Rice, the ranking member
of the Subcommittee on Transportation Security, to ensure that TSA puts
in place systems to ensure that when it comes to security-related
technologies at our Nation's airports, timely maintenance is done and
documented.
According to the DHS inspector general, without proper maintenance
and documentation thereof, the TSA could possibly have to resort to
using alternate screening methods, which could lead to the traveling
public being less safe.
H.R. 3584 also includes language adopted in the full committee to
help businesses, particularly small businesses, to be able to create
innovative security technologies through public-private partnerships.
{time} 1615
Over the years, we have seen the limitations of various security
technologies in use at our airports. It is crucial that innovators
continue to push the envelope in terms of detection and mitigation
capabilities.
Finally, as the Representative of a jurisdiction that relies heavily
on mass transit, I am pleased that the bill seeks to ensure that
frontline workers in our transportation sectors have the training
needed to react in worst-case scenarios. The thwarted terrorist attack
on a train traveling from Amsterdam to Paris last year underscores that
mass transit continues to be a terrorist target.
Mr. Speaker, these are only a few of the examples of provisions
within this bill that will help to improve TSA operations and bolster
the security of the American people. I urge support for this measure.
I want to close by noting the bipartisan work that went into this
legislation. There is still much to be done in the transportation
security space, but the legislation before us represents a step in the
right direction to address issues within the surface and aviation
transportation sectors.
Mr. Speaker, I yield back the balance of my time.
Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the issues addressed in H.R. 3584 are of vital concern
to the safety of our Nation's security, and it is imperative that we
send this bill to the Senate today. Congress cannot afford to wait to
address critical issues that help advance and improve our security. I
urge my colleagues to support the bill.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise to speak on H.R. 3584, the
Transportation Security Administration Reform and Improvement Act,
which would authorize, streamline, and identify efficiencies within the
Transportation Security Administration.
As a Senior Member of the Homeland Security Committee, I served as
chair of this subcommittee and continue to support its work to improve
transportation security.
I currently serve as the Ranking Member on the House Judiciary
Committee's Subcommittee on Crime, Terrorism, Homeland Security, and
Investigations.
The work of the TSA is a front line Department of Homeland Security
and it is not easy--it can in fact be very dangerous.
Like many of my Colleagues, I recall the shooting incident at LAX
last year that killed Gerardo Hernandez, who became the first TSA
officer killed in the line of duty; and the machete attack at the Louis
Armstrong New Orleans International Airport earlier this year that
resulted in injuries to Senior Transportation Security Officer Carol
Richel.
Each day, TSA processes an average of 1.7 million passengers at more
than 450 airports across the nation.
In 2012, TSA screened 637,582,122 passengers.
The Bush Intercontinental and the William P. Hobby Airports are
essential hubs for domestic and international air travel for Houston
and the region:
Nearly 40 million passengers traveled through Bush Intercontinental
Airport (IAH) and an additional 10 million traveled through William P.
Hobby (HOU).
More than 650 daily departures occur at IAH.
IAH is the 11th busiest airport in the U.S. for total passenger
traffic.
IAH has 12 all-cargo airlines handling more than 419,205 metric tons
of cargo in 2012.
I believe that Congress has not done all that it could to make
employees' work easier--Sequestration, a government shutdown, and a
delay in fully funding the Department of Homeland Security was not in
the security interest of the nation.
Reports issued by the Government Accountability Office (GAO) and
Department of Homeland Security Office of Inspector General (OIG) have
identified shortcomings within the Agency, raising questions how
effectively TSA is fulfilling its mission.
Allegations about mismanagement, wasteful procedures, retaliation
against whistleblowers, low morale, and security gaps within the Agency
are causes for concern.
Other issues related to inconsistent requirements between what is
written and what employees are told is essential for them to
successfully meet the agency's standards for good performance needs
work.
[[Page H830]]
The need for attention to TSA administrative procedures and due
process within the agency to backstop decisions regarding reprimands or
negative actions toward employees can be an essential step in
addressing some morale issues that are related to uncertainty regarding
the successful performance of duties.
In other words, the same conduct by persons holding the same level of
responsibility or positions within an airport results in the same
positive or negative outcome.
TSA is charged with: The protection of America's transportation
systems; monitoring the movement of people and supplies during their
use of our transportation systems; and ensuring the effectiveness and
integrity of government agencies.
H.R. 3584, directs the TSA to: ensure that all screening of
passengers and their accessible property will be done in a risk-based,
intelligence-driven manner with consideration given to the privacy and
civil liberties of such passengers; and operate the ``TSA PreCheck''
program in a manner that provides expedited screening for low-risk
passengers and their accessible property based on a comprehensive and
continuous analysis of factors.
More needs to be done to support the men and women working on the
front lines of our nation's domestic security and that includes those
who work at the TSA.
I will continue to seek out opportunities to promote the mission of
the TSA and role that TSA professionals fill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Katko) that the House suspend the rules
and pass the bill, H.R. 3584, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________