I 

111TH CONGRESS 

1ST SESSION H. R. 2464 

To amend title 49, United States Code, to prohibit advance notice to certain 

individuals, including security screeners, of covert testing of security 

screening procedures for the purpose of enhancing transportation security 

at airports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2009 

Mrs. LOWEY introduced the following bill; which was referred to the 

Committee on Homeland Security 

A BILL 

To amend title 49, United States Code, to prohibit advance 

notice to certain individuals, including security screeners, 

of covert testing of security screening procedures for 

the purpose of enhancing transportation security at airports, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Catching Operational 

5 Vulnerabilities by Ensuring Random Testing Act of 2009’’ 

6 or the ‘‘COVERT Act of 2009’’. 


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1 SEC. 2. PROHIBITION OF ADVANCE NOTICE OF COVERT 

2 TESTING TO SECURITY SCREENERS. 

3 Section 44935 of title 49, United States Code, is 

4 amended— 

5 (1) by redesignating the second subsection (i), 

6 relating to accessibility of computer-based training 

7 facilities, as subsection (k); and 

8 (2) by adding at the end the following: 

9 ‘‘(l) PROHIBITION OF ADVANCE NOTICE TO SECU10 RITY SCREENERS OF COVERT TESTING AND EVALUA11 TION.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

13 Security shall ensure that information concerning a 

14 covert test of a transportation security system to be 

15 conducted by a covert testing office, the Inspector 

16 General of the Department of Homeland Security, or 

17 the Government Accountability Office is not pro18 vided to any individual prior to the completion of the 

19 test. 

20 ‘‘(2) EXCEPTIONS.—Notwithstanding para21 graph (1)— 

22 ‘‘(A) an individual may provide informa23 tion concerning a covert test of a transportation 

24 security system to employees, officers, and con25 tractors of the Federal Government (including 

26 military personnel); employees and officers of 


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1 State and local governments; and law enforce2 ment officials, who are authorized to receive or 

3 directed to be provided such information by the 

4 Assistant Secretary of Homeland Security 

5 (Transportation Security Administration), the 

6 Inspector General of the Department of Home7 land Security, or the Comptroller General of the 

8 United States, as the case may be; and 

9 ‘‘(B) for the purpose of ensuring the secu10 rity of any individual in the vicinity of a site 

11 where a covert test of a transportation security 

12 system is being conducted, an individual con13 ducting the test may disclose his or her status 

14 as an individual conducting the test to any ap15 propriate individual if a security screener or 

16 other individual who is not a covered employee 

17 identifies the individual conducting the test as 

18 a potential threat. 

19 ‘‘(3) SPECIAL RULES FOR THE TRANSPOR20 TATION SECURITY ADMINISTRATION.— 

21 ‘‘(A) MONITORING AND SECURITY OF

22 TESTING PERSONNEL.—The head of each covert 

23 testing office shall ensure that a person or 

24 group of persons conducting a covert test of a 

25 transportation security system for the covert 


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1 testing office is accompanied at the site of the 

2 test by a cover team comprised of one or more 

3 employees of the covert testing office for the 

4 purpose of monitoring the test and confirming 

5 the identity of personnel involved in the test 

6 under subparagraph (B). 

7 ‘‘(B) RESPONSIBILITY OF COVER TEAM.— 

8 Under this paragraph, a cover team for a covert 

9 test of a transportation security system shall— 

10 ‘‘(i) monitor the test; and 

11 ‘‘(ii) for the purpose of ensuring the 

12 security of any individual in the vicinity of 

13 a site where the test is being conducted, 

14 confirm, notwithstanding paragraph (1), 

15 the identity of any individual conducting 

16 the test to any appropriate individual if a 

17 security screener or other individual who is 

18 not a covered employee identifies the indi19 vidual conducting the test as a potential 

20 threat. 

21 ‘‘(C) AVIATION SCREENING.—Notwith22 standing subparagraph (A), the Transportation 

23 Security Administration is not required to have 

24 a cover team present during a test of the 

25 screening of persons, carry-on items, or checked 


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1 baggage at an aviation security checkpoint at or 

2 serving an airport if the test— 

3 ‘‘(i) is approved by the Federal Secu4 rity Director for such airport; and 

5 ‘‘(ii) is carried out under an aviation 

6 screening assessment program of the De7 partment of Homeland Security. 

8 ‘‘(D) USE OF OTHER PERSONNEL.—The 

9 Transportation Security Administration may 

10 use employees, officers, and contractors of the 

11 Federal Government (including military per12 sonnel) and employees and officers of State and 

13 local governments to conduct covert tests. 

14 ‘‘(4) IMPACT STUDY AND REPORT ON COVERT

15 TESTING PROCEDURES.— 

16 ‘‘(A) IMPACT STUDY.—The Secretary of 

17 Homeland Security shall conduct a study of the 

18 impact of the implementation of this subsection 

19 on the Department of Homeland Security’s ef20 forts to improve transportation security. 

21 ‘‘(B) REQUIREMENTS.—The study under 

22 subparagraph (A) shall include an assessment 

23 of— 


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1 ‘‘(i) the impact of the implementation 

2 of this subsection on personnel of the De3 partment of Homeland Security; 

4 ‘‘(ii) the impact of such implementa5 tion on information sharing within the De6 partment; 

7 ‘‘(iii) best practices for integrating the 

8 topic of covert testing into existing training 

9 and testing programs for personnel of the 

10 Department; and 

11 ‘‘(iv) the effectiveness of covert testing 

12 as a method to improve security. 

13 ‘‘(C) REPORT.—Not later than 270 days 

14 after the date of enactment of this subsection, 

15 the Secretary shall submit to the Committee on 

16 Homeland Security of the House of Representa17 tives and the Committee on Homeland Security 

18 and Governmental Affairs of the Senate a re19 port that contains— 

20 ‘‘(i) the results of the study under 

21 subparagraph (A); 

22 ‘‘(ii) recommendations for changes to 

23 the training of personnel of the Depart24 ment that are necessary to ensure compliVerDate Nov 24 2008 06:41 May 19, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2464.IH H2464

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1 ance with the requirements of this sub2 section; and 

3 ‘‘(iii) recommendations to improve the 

4 effectiveness of the implementation of this 

5 subsection. 

6 ‘‘(5) DEFINITIONS.—For purposes of this sub7 section, the following definitions apply: 

8 ‘‘(A) APPROPRIATE INDIVIDUAL.—The 

9 term ‘appropriate individual’, as used with re10 spect to a covert test of a transportation secu11 rity system, means any individual that— 

12 ‘‘(i) the individual conducting the test 

13 determines needs to know his or her status 

14 as an individual conducting a test under 

15 paragraph (2)(B); or 

16 ‘‘(ii) the cover team monitoring the 

17 test under paragraph (3)(B)(i) determines 

18 needs to know the identity of an individual 

19 conducting the test. 

20 ‘‘(B) COVERED EMPLOYEE.—The term 

21 ‘covered employee’ means any individual who 

22 receives notice of a covert test before the com23 pletion of a test under paragraph (2)(A). 

24 ‘‘(C) COVERT TEST.— 


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1 ‘‘(i) IN GENERAL.—The term ‘covert 

2 test’ means an exercise or activity con3 ducted by a covert testing office, the In4 spector General of the Department of 

5 Homeland Security, or the Government Ac6 countability Office to intentionally test, 

7 compromise, or circumvent transportation 

8 security systems to identify vulnerabilities 

9 in such systems. 

10 ‘‘(ii) LIMITATION.—Notwithstanding 

11 clause (i), the term ‘covert test’ does not 

12 mean an exercise or activity by an em13 ployee or contractor of the Transportation 

14 Security Administration to test or assess 

15 compliance with regulations under title 49, 

16 Code of Federal Regulations. 

17 ‘‘(D) COVERT TESTING OFFICE.—The term 

18 ‘covert testing office’ means any office of the 

19 Transportation Security Administration des20 ignated by the Assistant Secretary of Homeland 

21 Security (Transportation Security Administra22 tion) to conduct covert tests of transportation 

23 security systems. 

24 ‘‘(E) EMPLOYEE OF A COVERT TESTING

25 OFFICE.—The term ‘employee of a covert testVerDate Nov 24 2008 06:41 May 19, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2464.IH H2464

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1 ing office’ means an individual who is an em2 ployee of a covert testing office or a contractor 

3 or an employee of a contractor of a covert test4 ing office.’’. 

Æ 


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