IB 

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] 


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A BILL 

To authorize, streamline, and identify efficiencies within the 

Transportation Security Administration, and for other 

purposes. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Transportation Security Administration Reform and Im6 provement Act of 2015’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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. 

9 SEC. 2. DEFINITIONS. 

10 In this Act: 


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1 (1) ADMINISTRATION; TSA.—The terms ‘‘Admin2 istration’’ and ‘‘TSA’’ mean the Transportation Secu3 rity Administration. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Transpor6 tation Security Administration. 

7 (3) INTELLIGENCE COMMUNITY.—The term ‘‘in8 telligence community’’ has the meaning given such 

9 term in section 3(4) of the National Security Act of 

10 1947 (50 U.S.C. 3003(4)). 

11 (4) DEPARTMENT.—The term ‘‘Department’’ 

12 means the Department of Homeland Security. 

13 (5) SECURE FLIGHT.—The term ‘‘Secure Flight’’ 

14 means the Administration’s watchlist matching pro15 gram. 

16 TITLE I—AVIATION SECURITY 

17 SEC. 101. TSA PRECHECK. 

18 (a) TSA PRECHECK.—Not later than 90 days after 

19 the date of the enactment of this Act, the Administrator 

20 shall— 

21 (1) ensure that all screening of passengers and 

22 their accessible property shall be conducted in a risk23 based, intelligence-driven manner with consideration 

24 given to the privacy and civil liberties of such pas25 sengers; and 


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1 (2) operate a trusted passenger screening pro2 gram known as ‘‘TSA PreCheck’’ that provides expe3 dited screening for low-risk passengers and their ac4 cessible property based on a comprehensive and con5 tinuous analysis of factors specified in subsection (b). 

6 (b) FACTORS.—Factors referred to in subsection (a)(2) 

7 shall include the following: 

8 (1) Whether passengers described in such sub9 section are members of other trusted traveler pro10 grams of the Department. 

11 (2) Whether such passengers are traveling pursu12 ant to subsection (m) of section 44903 of title 49, 

13 United States Code (as established under the Risk14 Based Security for Members of the Armed Forces Act 

15 (Public Law 112–86)), section 44927 of such title (as 

16 established under the Helping Heroes Fly Act (Public 

17 Law 113–27)), or section 44928 of such title (as es18 tablished under the Honor Flight Act (Public Law 

19 113–221)). 

20 (3) Whether such passengers possess an active se21 curity clearance or other credential issued by the Fed22 eral Government for which TSA has conducted a 

23 written threat assessment and determined that such 

24 passengers present a low risk to transportation or na25 tional security. 


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1 (4) Whether such passengers are members of a 

2 population for whom TSA has conducted a written se3 curity threat assessment, determined that such popu4 lation poses a low risk to transportation or national 

5 security, and has issued such passengers a known 

6 traveler number. 

7 (5) The ability of the Administration to verify 

8 such passengers’ identity and whether such passengers 

9 pose a risk to aviation security. 

10 (6) Threats to transportation or national secu11 rity as identified by the intelligence community and 

12 law enforcement community. 

13 (c) ENROLLMENT EXPANSION.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of the enactment of this Act, the Adminis16 trator shall publish PreCheck application enrollment 

17 standards to add multiple private sector application 

18 capabilities for the TSA PreCheck program to in19 crease the public’s enrollment access to such program, 

20 including standards that allow the use of secure tech21 nologies, including online enrollment, kiosks, tablets, 

22 or staffed computer stations at which individuals can 

23 apply for entry into such program. 


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1 (2) REQUIREMENTS.—Upon publication of the 

2 PreCheck program application enrollment standards 

3 pursuant to paragraph (1), the Administrator shall— 

4 (A) coordinate with interested parties to de5 ploy TSA-approved ready-to-market private sec6 tor solutions that meet the TSA PreCheck appli7 cation enrollment standards described in para8 graph (1), make available additional PreCheck 

9 enrollment capabilities, and offer secure online 

10 and mobile enrollment opportunities; 

11 (B) partner with the private sector to collect 

12 biographic and biometric identification informa13 tion via kiosks, mobile devices, or other mobile 

14 enrollment platforms to reduce the number of in15 stances in which passengers need to travel to en16 rollment centers; 

17 (C) ensure that the kiosks, mobile devices, or 

18 other mobile enrollment platforms referred to in 

19 subparagraph (E) are secure and not vulnerable 

20 to data breaches; 

21 (D) ensure that any biometric and bio22 graphic information is collected in a manner 

23 which is comparable with the National Institute 

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1 cluding that applicants’ personally identifiable 

2 information is collected, retained, used, and 

3 shared in a manner consistent with section 552a 

4 of title 5, United States Code (commonly known 

5 as the ‘‘Privacy Act of 1974’’), and agency regu6 lations; 

7 (E) ensure that an individual who wants to 

8 enroll in the PreCheck program and has started 

9 an application with a single identification 

10 verification at one location will be able to save 

11 such individual’s application on any kiosk, per12 sonal computer, mobile device, or other mobile 

13 enrollment platform and be able to return within 

14 a reasonable time to submit a second identifica15 tion verification; and 

16 (F) ensure that any enrollment expansion 

17 using a private sector risk assessment instead of 

18 a fingerprint-based criminal history records 

19 check is determined, by the Secretary of Home20 land Security, to be equivalent to a fingerprint21 based criminal history records check conducted 

22 through the Federal Bureau of Investigation. 

23 (3) MARKETING OF PRECHECK PROGRAM.—Upon 

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1 ment standards pursuant to paragraph (1), the Ad2 ministrator shall— 

3 (A) in accordance with such standards, de4 velop and implement— 

5 (i) a process, including an associated 

6 timeframe, for approving private sector 

7 marketing of the TSA PreCheck program; 

8 and 

9 (ii) a strategy for partnering with the 

10 private sector to encourage enrollment in 

11 such program; and 

12 (B) submit to Congress a report on any 

13 PreCheck fees collected in excess of the costs of 

14 administering such program, including rec15 ommendations for using such amounts to sup16 port marketing of such program under this sub17 section. 

18 (4) IDENTITY VERIFICATION ENHANCEMENT.— 

19 Not later than 90 days after the date of the enactment 

20 of this Act, the Administrator shall— 

21 (A) coordinate with the heads of appro22 priate components of the Department to leverage 

23 Department-held data and technologies to verify 

24 the citizenship of individuals enrolling in the 

25 TSA PreCheck program; and 


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1 (B) partner with the private sector to use 

2 advanced biometrics and standards comparable 

3 with National Institute of Standards and Tech4 nology standards to facilitate enrollment in such 

5 program. 

6 (5) PRECHECK LANE OPERATION.—The Adminis7 trator shall— 

8 (A) ensure that TSA PreCheck screening 

9 lanes are open and available during peak and 

10 high-volume travel times at airports to individ11 uals enrolled in the PreCheck program; and 

12 (B) make every practicable effort to provide 

13 expedited screening at standard screening lanes 

14 during times when PreCheck screening lanes are 

15 closed to individuals enrolled in such program in 

16 order to maintain operational efficiency. 

17 (6) VETTING FOR PRECHECK PARTICIPANTS.— 

18 Not later than 90 days after the date of the enactment 

19 of this Act, the Administrator shall initiate an assess20 ment of the security vulnerabilities in the vetting 

21 process for the PreCheck program that includes an 

22 evaluation of whether subjecting PreCheck partici23 pants to recurrent fingerprint-based criminal history 

24 records checks, in addition to recurrent checks against 

25 the terrorist watchlist, could be done in a cost-effective 


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1 manner to strengthen the security of the PreCheck 

2 program. 

3 SEC. 102. PRECHECK AND GENERAL PASSENGER BIOMET4 RIC IDENTIFICATION. 

5 (a) IN GENERAL.—Not later than one year after the 

6 date of enactment of this Act, the Administrator shall con7 duct a pilot project to establish a secure, automated, biomet8 ric-based system at airports to verify the identity of pas9 sengers who are members of TSA PreCheck. Such system 

10 shall— 

11 (1) reduce the need for security screening per12 sonnel to perform travel document verification for in13 dividuals enrolled in TSA PreCheck; 

14 (2) reduce the average wait time of individuals 

15 enrolled in TSA PreCheck; 

16 (3) reduce overall operating expenses of the Ad17 ministration; 

18 (4) be integrated with the Administration’s 

19 watch list and trusted traveler matching program; 

20 (5) be integrated with other checkpoint tech21 nologies to further facilitate risk-based passenger 

22 screening at the checkpoint, to the extent practicable 

23 and consistent with security standards; and 


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1 (6) consider capabilities and policies of U.S. 

2 Customs and Border Protection’s Global Entry Pro3 gram, as appropriate. 

4 (b) ESTABLISHMENT OF SCREENING SYSTEM FOR

5 CERTAIN PASSENGERS.—Section 44901 of title 49, United 

6 States Code is amended— 

7 (1) by redesignating subsections (c) through (l) 

8 as subsections (d) through (m), respectively; and 

9 (2) by inserting after subsection (b) the following 

10 new subsection: 

11 ‘‘(c) ESTABLISHMENT OF SCREENING SYSTEM FOR

12 CERTAIN PASSENGERS.—Not later than December 31, 2017, 

13 in accordance with the requirements of the Transportation 

14 Security Administration Reform and Improvement Act of 

15 2015, the Administrator of the Transportation Security Ad16 ministration shall establish a secure, automated system at 

17 all large hub airports for verifying travel and identity docu18 ments of passengers who are not members of the Adminis19 tration’s risk-based aviation passenger screening program, 

20 known as ‘TSA PreCheck’. Such system shall— 

21 ‘‘(1) assess the need for security screening per22 sonnel to perform travel document verification for 

23 such passengers, thereby assessing the overall number 

24 of such screening personnel; 


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1 ‘‘(2) assess the average wait time of such pas2 sengers; 

3 ‘‘(3) assess overall operating expenses of the Ad4 ministration; 

5 ‘‘(4) be integrated with the Administration’s 

6 watch list matching program; and 

7 ‘‘(5) be integrated with other checkpoint tech8 nologies to further facilitate risk-based passenger 

9 screening at the checkpoint, to the extent practicable 

10 and consistent with security standards.’’. 

11 SEC. 103. LIMITATION; PRECHECK OPERATIONS MAIN12 TAINED; ALTERNATE METHODS. 

13 (a) IN GENERAL.—Except as provided in subsection 

14 (c), the Administrator shall direct that access to expedited 

15 airport security screening at an airport security checkpoint 

16 be limited to only the following: 

17 (1) A passenger who voluntarily submits bio18 graphic and biometric information for a security risk 

19 assessment and whose application for the PreCheck 

20 program has been approved, or a passenger who is a 

21 participant in another trusted or registered traveler 

22 program of the Department. 

23 (2) A passenger traveling pursuant to section 

24 44903 of title 49, United States Code (as established 

25 under the Risk-Based Security for Members of the 


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1 Armed Forces Act (Public Law 112–86)), section 

2 44927 of such title (as established under the Helping 

3 Heroes Fly Act (Public Law 113–27)), or section 

4 44928 of such title (as established under the Honor 

5 Flight Act (Public Law 113–221)). 

6 (3) A passenger who did not voluntarily submit 

7 biographic and biometric information for a security 

8 risk assessment but is a member of a population des9 ignated by the Administrator as known and low-risk 

10 and who may be issued a unique, known traveler 

11 number by the Administrator determining that such 

12 passenger is a member of a category of travelers des13 ignated by the Administrator as known and low-risk. 

14 (b) PRECHECK OPERATIONS MAINTAINED.—In car15 rying out subsection (a), the Administrator shall ensure 

16 that expedited airport security screening remains available 

17 to passengers at or above the level that exists on the day 

18 before the date of the enactment of this Act. 

19 (c) FREQUENT FLIERS.—If the Administrator deter20 mines that such is appropriate, the implementation of sub21 section (a) may be delayed by up to one year with respect 

22 to the population of passengers who did not voluntarily sub23 mit biographic and biometric information for security risk 

24 assessments but who nevertheless receive expedited airport 

25 security screening because such passengers are designated 


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1 as frequent fliers by air carriers. If the Administrator uses 

2 the authority provided by this subsection, the Administrator 

3 shall notify the Committee on Homeland Security of the 

4 House of Representatives and the Committee on Homeland 

5 Security and Governmental Affairs and the Committee on 

6 Commerce, Science, and Transportation of the Senate of 

7 such phased-in implementation. 

8 (d) ALTERNATE METHODS.—The Administrator may 

9 provide access to expedited airport security screening to ad10 ditional passengers pursuant to an alternate method upon 

11 the submission to the Committee on Homeland Security of 

12 the House of Representatives and the Committee on Com13 merce, Science, and Transportation of the Senate of an 

14 independent assessment of the security effectiveness of such 

15 alternate method that is conducted by an independent enti16 ty that determines that such alternate method is designed 

17 to— 

18 (1) reliably and effectively identify passengers 

19 who likely pose a low risk to the United States avia20 tion system; 

21 (2) mitigate the likelihood that a passenger who 

22 may pose a security threat to the United States avia23 tion system is selected for expedited security screen24 ing; and 


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1 (3) address known and evolving security risks to 

2 the United States aviation system. 

3 (e) INFORMATION SHARING.—The Administrator shall 

4 provide to the entity conducting the independent assessment 

5 under subsection (d) effectiveness testing results that are 

6 consistent with established evaluation design practices, as 

7 identified by the Comptroller General of the United States. 

8 (f) REPORTING.—Not later than three months after the 

9 date of the enactment of this Act and annually thereafter, 

10 the Administrator shall report to the Committee on Home11 land Security of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate on the percentage of all passengers who are provided 

14 expedited security screening, and of such passengers so pro15 vided, the percentage who are participants in the PreCheck 

16 program (who have voluntarily submitted biographic and 

17 biometric information for security risk assessments), the 

18 percentage who are participants in another trusted traveler 

19 program of the Department, the percentage who are partici20 pants in the PreCheck program due to the Administrator’s 

21 issuance of known traveler numbers, and for the remaining 

22 percentage of passengers granted access to expedited security 

23 screening in PreCheck security lanes, information on the 

24 percentages attributable to each alternative method utilized 


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1 by the Administration to direct passengers to expedited air2 port security screening at PreCheck security lanes. 

3 (g) RULE OF CONSTRUCTION.—Nothing in this section 

4 may be construed to— 

5 (1) authorize or direct the Administrator to re6 duce or limit the availability of expedited security 

7 screening at an airport; or 

8 (2) limit the authority of the Administrator to 

9 use technologies and systems, including passenger 

10 screening canines and explosives trace detection, as a 

11 part of security screening operations. 

12 SEC. 104. SECURE FLIGHT PROGRAM. 

13 Not later than 90 days after the date of the enactment 

14 of this Act, the Administrator shall— 

15 (1) develop a process for regularly evaluating the 

16 root causes of screening errors at checkpoints across 

17 airports so that corrective measures are able to be 

18 identified; 

19 (2) implement such corrective measures to ad20 dress the root causes of such screening errors occur21 ring at the checkpoint; 

22 (3) develop additional measures to address key 

23 performance aspects related to the Secure Flight pro24 gram goals and ensure that such measures clearly 


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1 identify activities necessary to achieve progress to2 wards such goals; 

3 (4) develop a mechanism to systematically docu4 ment the number and causes of Secure Flight pro5 gram matching errors for the purpose of improving 

6 program performance and provide program managers 

7 with timely and reliable information; 

8 (5) provide job-specific privacy refresher train9 ing for Secure Flight program staff to further protect 

10 personally identifiable information in the Secure 

11 Flight system program; and 

12 (6) develop a mechanism to comprehensively doc13 ument and track key Secure Flight program privacy 

14 issues and decisions to ensure the Secure Flight pro15 gram has complete information for effective oversight 

16 of its privacy controls. 

17 SEC. 105. EFFICIENCY REVIEW BY TSA. 

18 (a) REVIEW REQUIRED.—Not later than 270 days 

19 after the date of the enactment of this Act, the Adminis20 trator shall conduct and complete a comprehensive, agency21 wide efficiency review of the Administration to identify 

22 spending reductions and administrative savings through the 

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1 rying out the review under this section, the Administrator 

2 shall consider each of the following: 

3 (1) The elimination of any duplicative or over4 lapping programs and initiatives that can be stream5 lined. 

6 (2) The elimination of any unnecessary or obso7 lete rules, regulations, directives, or procedures. 

8 (3) Any other matters the Administrator deter9 mines are appropriate. 

10 (b) REPORT TO CONGRESS.—Not later than 30 days 

11 after the completion of the efficiency review required under 

12 subsection (a), the Administrator shall submit to the Com13 mittee on Homeland Security of the House of Representa14 tives and the Committee on Homeland Security and Gov15 ernmental Affairs and the Committee on Commerce, 

16 Science, and Transportation of the Senate a report that 

17 specifies the results and cost savings expected to be achieved 

18 through such efficiency review. Such report shall also in19 clude information relating to how the Administration may 

20 use efficiencies identified through such efficiency review to 

21 provide funding to reimburse airports that incurred eligible 

22 costs for in-line baggage screening systems. 


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1 SEC. 106. DONATION OF SCREENING EQUIPMENT TO PRO2 TECT THE UNITED STATES. 

3 (a) IN GENERAL.—The Administrator is authorized to 

4 donate security screening equipment to a foreign last-point5 of-departure airport operator if such equipment can be rea6 sonably expected to mitigate a specific vulnerability to the 

7 security of the United States or United States citizens. 

8 (b) REPORT TO CONGRESS.—Not later than 30 days 

9 before any donation of equipment under this section, the 

10 Administrator shall provide to the Committee on Homeland 

11 Security of the House of Representatives and the Committee 

12 on Homeland Security and Governmental Affairs and the 

13 Committee on Commerce, Science, and Transportation of 

14 the Senate a detailed written explanation of— 

15 (1) the specific vulnerability to the United States 

16 that will be mitigated with such donation; 

17 (2) an explanation as to why the recipient is un18 able or unwilling to purchase equipment to mitigate 

19 such threat; 

20 (3) an evacuation plan for sensitive technologies 

21 in case of emergency or instability in the country to 

22 which such donation is being made; 

23 (4) how the Administration will ensure the 

24 equipment that is being donated is used and main25 tained over the course of its life by the recipient; and 

26 (5) the total dollar value of such donation. 


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1 SEC. 107. REVIEW OF SUSTAINED SECURITY DIRECTIVES. 

2 (a) IN GENERAL.—Not later than 90 days after the 

3 date of the enactment of this Act and annually thereafter, 

4 for any security directive that has been in effect for longer 

5 than one year, the Administrator shall review the necessity 

6 of such directives, from a risk-based perspective. 

7 (b) BRIEFING TO CONGRESS.—Upon completion of 

8 each review pursuant to subsection (a), the Administrator 

9 shall brief the Committee on Homeland Security of the 

10 House of Representatives and the Committee on Homeland 

11 Security and Governmental Affairs and the Committee on 

12 Commerce, Science, and Transportation of the Senate on— 

13 (1) any changes being made to existing security 

14 directives as a result of each such review; 

15 (2) the specific threat that is being mitigated by 

16 any such directive that will remain in effect; and 

17 (3) the planned disposition of any such directive. 

18 SEC. 108. MAINTENANCE OF SECURITY-RELATED TECH19 NOLOGY. 

20 (a) IN GENERAL.—Title XVI of the Homeland Secu21 rity Act of 2002 (6 U.S.C. 561 et seq.) is amended by add22 ing at the end the following: 


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1 ‘‘Subtitle C—Maintenance of 

2 Security-Related Technology 

3 ‘‘SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT. 

4 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this subtitle, the Administrator 

6 shall develop and implement a preventive maintenance val7 idation process for security-related technology deployed to 

8 airports. 

9 ‘‘(b) MAINTENANCE BY ADMINISTRATION PERSONNEL

10 AT AIRPORTS.—For maintenance to be carried out by Ad11 ministration personnel at airports, the process referred to 

12 in subsection (a) shall include the following: 

13 ‘‘(1) Guidance to Administration personnel, 

14 equipment maintenance technicians, and other per15 sonnel at airports specifying how to conduct and doc16 ument preventive maintenance actions. 

17 ‘‘(2) Mechanisms for the Administrator to verify 

18 compliance with the guidance issued pursuant to 

19 paragraph (1). 

20 ‘‘(c) MAINTENANCE BY CONTRACTORS AT AIRPORTS.— 

21 For maintenance to be carried out by a contractor at air22 ports, the process referred to in subsection (a) shall require 

23 the following: 

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1 sonnel at each airport that includes information on 

2 each action to be completed by a contractor. 

3 ‘‘(2) Notification to appropriate Administration 

4 personnel at each airport when maintenance action is 

5 completed by a contractor. 

6 ‘‘(3) A process for independent validation by a 

7 third party of contractor maintenance. 

8 ‘‘(d) PENALTIES FOR NONCOMPLIANCE.—The Admin9 istrator shall require maintenance contracts for security-re10 lated technology deployed to airports to include penalties 

11 for noncompliance when it is determined that either preven12 tive or corrective maintenance has not been completed ac13 cording to contractual requirements and manufacturers’ 

14 specifications.’’. 

15 (b) INSPECTOR GENERAL ASSESSMENT.—Not later 

16 than one year after the date of the enactment of this Act, 

17 the Inspector General of the Department of Homeland Secu18 rity shall assess implementation of the requirements under 

19 section 1621 of the Homeland Security Act of 2002 (as 

20 added by subsection (a) of this section), and provide find21 ings and recommendations with respect to the provision of 

22 training to Administration personnel, equipment mainte23 nance technicians, and other personnel under such section 

24 1621 and the availability and utilization of equipment 

25 maintenance technicians employed by the Administration. 


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1 (c) CLERICAL AMENDMENT.—The table of contents of 

2 the Homeland Security Act of 2002 is amended by inserting 

3 after the item relating to section 1616 the following: 

‘‘Subtitle C—Maintenance of Security-Related Technology 

‘‘Sec. 1621. Maintenance validation and oversight.’’. 

4 SEC. 109. VETTING OF AVIATION WORKERS. 

5 (a) IN GENERAL.—Subtitle A of title XVI of the Home6 land Security Act of 2002 (6 U.S.C. 561 et seq.) is amended 

7 by adding after section 1601 the following new section: 

8 ‘‘SEC. 1602. VETTING OF AVIATION WORKERS. 

9 ‘‘(a) IN GENERAL.—By not later than December 31, 

10 2015, the Administrator, in coordination with the Assistant 

11 Secretary for Policy of the Department, shall request from 

12 the Director of National Intelligence access to additional 

13 data from the Terrorist Identities Datamart Environment 

14 (TIDE) data and any or other terrorism-related informa15 tion to improve the effectiveness of the Administration’s cre16 dential vetting program for individuals with unescorted ac17 cess to sensitive areas of airports. 

18 ‘‘(b) SECURITY INSPECTION.—By not later than De19 cember 31, 2015, the Administrator shall issue guidance for 

20 Transportation Security Inspectors to annually review air21 port badging office procedures for applicants seeking access 

22 to sensitive areas of airports. Such guidance shall include 

23 a comprehensive review of applicants’ Criminal History 


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1 Records Check (CHRC) and work authorization documenta2 tion during the course of an inspection. 

3 ‘‘(c) INFORMATION SHARING.—By not later than De4 cember 31, 2015, the Administrator may conduct a pilot 

5 program of the Rap Back Service, in coordination with the 

6 Director of the Federal Bureau of Investigation, to deter7 mine the feasibility of full implementation of a service 

8 through which the Administrator would be notified of a 

9 change in status of an individual holding a valid credential 

10 granting unescorted access to sensitive areas of airports 

11 across eligible Administration-regulated populations. 

12 ‘‘(d) PROCEDURES.—The pilot program under sub13 section (c) shall evaluate whether information can be nar14 rowly tailored to ensure that the Administrator only re15 ceives notification of a change with respect to a disquali16 fying offense under the credential vetting program under 

17 subsection (a), as specified in 49 CFR 1542.209, and in 

18 a manner that complies with current regulations for finger19 print-based criminal history records checks. The pilot pro20 gram shall be carried out in a manner so as to ensure that, 

21 in the event that notification is made through the Rap Back 

22 Service of a change but a determination of arrest status 

23 or conviction is in question, the matter will be handled in 

24 a manner that is consistent with current regulations. The 

25 pilot program shall also be carried out in a manner that 


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1 is consistent with current regulations governing an inves2 tigation of arrest status, correction of Federal Bureau of 

3 Investigation records and notification of disqualification, 

4 and corrective action by the individual who is the subject 

5 of an inquiry. 

6 ‘‘(e) DETERMINATION AND SUBMISSION.—If the Ad7 ministrator determines that full implementation of the Rap 

8 Back Service is feasible and can be carried out in a manner 

9 that is consistent with current regulations for fingerprint10 based criminal history checks, including the rights of indi11 viduals seeking credentials, the Administrator shall submit 

12 such determination, in writing, to the Committee on Home13 land Security of the House of Representatives and the Com14 mittee on Homeland Security and Governmental Affairs 

15 and the Committee on Commerce, Science, and Transpor16 tation of the Senate, together with information on the costs 

17 associated with such implementation, including the costs 

18 incurred by the private sector. In preparing this determina19 tion, the Administrator shall consult with the Chief Civil 

20 Rights and Civil Liberties Officer of the Department to en21 sure that protocols are in place to align the period of reten22 tion of personally identifiable information and biometric 

23 information, including fingerprints, in the Rap Back Serv24 ice with the period in which the individual who is the sub25 ject of an inquiry has a valid credential. 


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1 ‘‘(f) CREDENTIAL SECURITY.—By not later than Sep2 tember 30, 2015, the Administrator shall issue guidance to 

3 airports mandating that all federalized airport badging au4 thorities place an expiration date on airport credentials 

5 commensurate with the period of time during which an in6 dividual is lawfully authorized to work in the United 

7 States. 

8 ‘‘(g) AVIATION WORKER LAWFUL STATUS.—By not 

9 later than December 31, 2015, the Administrator shall re10 view the denial of credentials due to issues associated with 

11 determining an applicant’s lawful status in order to iden12 tify airports with specific weaknesses and shall coordinate 

13 with such airports to mutually address such weaknesses, as 

14 appropriate. 

15 ‘‘(h) REPORTS TO CONGRESS.—Upon completion of 

16 the determinations and reviews required under this section, 

17 the Administrator shall brief the Committee on Homeland 

18 Security and the Committee on Transportation and Infra19 structure of the House of Representatives and the Committee 

20 on Homeland Security and Governmental Affairs and the 

21 Committee on Commerce, Science, and Transportation of 

22 the Senate on the results of such determinations and re23 views.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents of 

25 the Homeland Security Act of 2002 is amended by inserting 


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1 after the item relating to section 1601 the following new 

2 item: 

‘‘Sec. 1602. Vetting of aviation workers.’’. 

3 (c) STATUS UPDATE ON RAP BACK SERVICE PILOT

4 PROGRAM.—Not later than 60 days after the date of the 

5 enactment of this Act, the Administrator of the Transpor6 tation Security Administration shall submit to the Com7 mittee on Homeland Security of the House of Representa8 tives and the Committee on Homeland Security and Gov9 ernmental Affairs and the Committee on Commerce, 

10 Science, and Transportation of the Senate a report on the 

11 status of plans to conduct a pilot program in coordination 

12 with the Federal Bureau of Investigation of the Rap Back 

13 Service in accordance with subsection (c) of section 1602 

14 of the Homeland Security Act of 2002, as added by sub15 section (a) of this section. The report shall include details 

16 on the business, technical, and resource requirements for the 

17 Transportation Security Administration and pilot pro18 gram participants, and provide a timeline and goals for 

19 the pilot program. 

20 SEC. 110. AVIATION SECURITY ADVISORY COMMITTEE CON21 SULTATION. 

22 (a) IN GENERAL.—The Administrator shall consult, to 

23 the extent practicable, with the Aviation Security Advisory 

24 Committee (established pursuant to section 44946 of title 

25 49 of the United States Code) regarding any modification 


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1 to the prohibited item list prior to issuing a determination 

2 about any such modification. 

3 (b) REPORT ON THE TRANSPORTATION SECURITY

4 OVERSIGHT BOARD.—Not later than 120 days after the 

5 date of the enactment of this Act, the Secretary of Homeland 

6 Security shall submit to the Transportation Security Over7 sight Board (established pursuant to section 115 of title 49, 

8 United States Code), the Committee on Homeland Security 

9 of the House of Representatives, and the Committee on 

10 Homeland Security and Governmental Affairs and the 

11 Committee on Commerce, Science, and Transportation of 

12 the Senate a report that includes general information on 

13 how often the Board has met, the current composition of 

14 the Board, and what activities the Board has undertaken, 

15 consistent with the duties specified in subsection (c) of such 

16 section. The Secretary may include in such report rec17 ommendations for changes to such section in consideration 

18 of the provisions of section 44946 of title 49, United States 

19 Code. 

20 (c) TECHNICAL CORRECTION.—Subparagraph (A) of 

21 section 44946(c)(2) of title 49, United States Code, is 

22 amended to read as follows: 

23 ‘‘(A) TERMS.—The term of each member of 

24 the Advisory Committee shall be two years but 

25 may continue until such time as a successor 


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1 member begins serving on the Advisory Com2 mittee. A member of the Advisory Committee 

3 may be reappointed.’’. 

4 (d) DEFINITION.—In this section, the term ‘‘prohibited 

5 item list’’ means the list of items passengers are prohibited 

6 from carrying as accessible property or on their persons 

7 through passenger screening checkpoints at airports, into 

8 sterile areas at airports, and on board passenger aircraft, 

9 pursuant to section 1540.111 of title 49, Code of Federal 

10 Regulations (as in effect on January 1, 2015). 

11 SEC. 111. PRIVATE CONTRACTOR CANINE EVALUATION AND 

12 INTEGRATION PILOT PROGRAM. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this Act, the Administrator shall 

15 establish a pilot program to evaluate the use, effectiveness, 

16 and integration of privately-operated explosives detection 

17 canine teams using both the passenger screening canine and 

18 traditional explosives detection canine methods. 

19 (b) ELEMENTS.—The pilot program under subsection 

20 (a) shall include the following elements: 

21 (1) A full-time presence in three Category X, two 

22 Category I, and one Category II airports. 

23 (2) A duration of at least twelve months from the 

24 time private contractor teams are operating at full 

25 capacity. 


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1 (3) A methodology for evaluating how to inte2 grate private contractor teams into the checkpoint 

3 area to detect explosive devices missed by mechanical 

4 or human error at other points in the screening proc5 ess. 

6 (4) Covert testing with inert improvised explo7 sive devices and accurately recreated explosives odor 

8 traces to determine the relative effectiveness of a full9 time canine team in strengthening checkpoint secu10 rity. 

11 (c) QUARTERLY UPDATES.—The Administrator shall 

12 submit to the Committee on Homeland Security of the 

13 House of Representatives and the Committee on Homeland 

14 Security and Governmental Affairs of the Senate written 

15 updates on the procurement, deployment, and evaluation 

16 process related to the implementation of the pilot program 

17 under subsection (a) for every calendar quarter after the 

18 date of the enactment of this Act. 

19 (d) FINAL REPORT.—Not later than 90 days after the 

20 completion of the pilot program under subsection (a), the 

21 Administrator shall submit to the Committee on Homeland 

22 Security of the House of Representatives and the Committee 

23 on Homeland Security and Governmental Affairs of the 

24 Senate a final report on such pilot program. 


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1 (e) FUNDING.—Out of funds made available to the Of2 fice of the Secretary of Homeland Security, $6,000,000 is 

3 authorized to be used to carry out this section. 

4 SEC. 112. COVERT TESTING AT AIRPORTS. 

5 (a) IN GENERAL.—Not later than one year after the 

6 date of the enactment of this Act and annually thereafter 

7 through 2020, the Administrator shall conduct covert test8 ing on an on-going basis to test vulnerabilities and identify 

9 weaknesses in the measures used to secure the aviation sys10 tem of the United States. The Administrator shall, on a 

11 quarterly basis if practicable, provide to the Inspector Gen12 eral of the Department such testing results, methodology, 

13 and data. 

14 (b) ELEMENTS.—In carrying out the covert testing re15 quired under subsection (a), the Administrator shall— 

16 (1) consider security screening and procedures 

17 conducted by TSA; 

18 (2) use available threat information and intel19 ligence to determine the types and sizes of simulated 

20 threat items and threat item-body location configura21 tions for such covert testing; 

22 (3) use a risk-based approach to determine the 

23 location and number of such covert testing; 

24 (4) conduct such covert testing without notifying 

25 personnel at airports prior to such covert testing; and 


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1 (5) identify reasons for failure when TSA per2 sonnel or the screening equipment used do not iden3 tify and resolve any threat item used during such a 

4 covert test. 

5 (c) INDEPENDENT REVIEW.—The Inspector General of 

6 the Department shall conduct covert testing of the aviation 

7 system of the United States in addition to the covert testing 

8 conducted by the Administrator under subsection (a), as ap9 propriate, and analyze TSA covert testing results, method10 ology, and data provided pursuant to such subsection to de11 termine the sufficiency of TSA covert testing protocols. The 

12 Inspector General shall, as appropriate, compare testing re13 sults of any additional covert testing conducted pursuant 

14 to this subsection with the results of TSA covert testing 

15 under subsection (a) to determine systemic weaknesses in 

16 the security of the aviation system of the United States. 

17 (d) CORRECTIVE ACTION.—Not later than 30 days 

18 upon completion of any covert testing under subsection (a), 

19 the Administrator shall make recommendations and imple20 ment corrective actions to mitigate vulnerabilities identified 

21 by such covert testing and shall notify the Inspector General 

22 of the Department of such recommendations and actions. 

23 The Inspector General shall review the extent to which such 

24 recommendations and actions are implemented and the deVerDate Sep 11 2014 20:41 Jan 12, 2016 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H3584.RH H3584

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1 gree to which such recommendations and actions improve 

2 the security of the aviation system of the United States. 

3 (e) CONGRESSIONAL NOTIFICATION.— 

4 (1) BY THE ADMINISTRATOR.—Not later than 30 

5 days upon completion of any covert testing under sub6 section (a), the Administrator shall brief the Com7 mittee on Homeland Security of the House of Rep8 resentatives and the Committee on Homeland Secu9 rity and Governmental Affairs and the Committee on 

10 Commerce, Science, and Transportation of the Senate 

11 on the results of such covert testing. 

12 (2) BY THE INSPECTOR GENERAL OF THE DE13 PARTMENT.—The Inspector General shall brief the 

14 Committee on Homeland Security of the House of 

15 Representatives and the Committee on Homeland Se16 curity and Governmental Affairs and the Committee 

17 on Commerce, Science, and Transportation of the 

18 Senate annually on the requirements specified in this 

19 section. 

20 (f) RULE OF CONSTRUCTION.—Nothing in this section 

21 may be construed to prohibit the Administrator or the In22 spector General of the Department from conducting covert 

23 testing of the aviation system of the United States with 

24 greater frequency than required under this section. 


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1 SEC. 113. TRAINING FOR TRANSPORTATION SECURITY OF2 FICERS. 

3 The Administrator shall, on a periodic basis, brief the 

4 Committee on Homeland Security of the House of Rep5 resentatives and the Committee on Homeland Security and 

6 Governmental Affairs and the Committee on Commerce, 

7 Science, and Transportation of the Senate on the status of 

8 efforts to enhance initial and recurrent training of Trans9 portation Security Officers. 

10 TITLE II—SURFACE TRANSPOR11 TATION SECURITY AND 

12 OTHER MATTERS 

13 SEC. 201. SURFACE TRANSPORTATION INSPECTORS. 

14 (a) IN GENERAL.—Section 1304(d) of the Imple15 menting Recommendations of the 9/11 Commission Act of 

16 2007 (6 U.S.C. 1113; Public Law 110–53) is amended— 

17 (1) by inserting ‘‘surface’’ after ‘‘relevant’’; and 

18 (2) by striking ‘‘, as determined appropriate’’. 

19 (b) REPORT TO CONGRESS.—Not later than one year 

20 after the date of the enactment of this Act, the Comptroller 

21 General of the United States shall submit to the Committee 

22 on Homeland Security of the House of Representatives and 

23 the Committee on Homeland Security and Governmental 

24 Affairs and the Committee on Commerce, Science, and 

25 Transportation of the Senate a report on the efficiency and 

26 effectiveness of the Administration’s Surface Transportation 


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1 Security Inspectors Program under subsection (d) of section 

2 1304 of the Implementing Recommendations of the 9/11 

3 Commission Act of 2007 (6 U.S.C. 1113; Public Law 110– 

4 53). 

5 (c) CONTENTS.—The report required under subsection 

6 (b) shall include a review of the following: 

7 (1) The roles and responsibilities of surface 

8 transportation security inspectors. 

9 (2) The extent to which the TSA has used a risk10 based, strategic approach to determine the appro11 priate number of surface transportation security in12 spectors and resource allocation across field offices. 

13 (3) Whether TSA’s surface transportation regula14 tions are risk-based and whether surface transpor15 tation security inspectors have adequate experience 

16 and training to perform their day-to-day responsibil17 ities. 

18 (4) Feedback from regulated surface transpor19 tation industry stakeholders on the benefit of surface 

20 transportation security inspectors to the overall secu21 rity of the surface transportation systems of such 

22 stakeholders and the consistency of regulatory enforce23 ment. 


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1 (5) Whether surface transportation security in2 spectors have appropriate qualifications to help secure 

3 and inspect surface transportation systems. 

4 (6) Whether TSA measures the effectiveness of 

5 surface transportation security inspectors. 

6 (7) Any overlap between the TSA and the De7 partment of Transportation as such relates to surface 

8 transportation security inspectors in accordance with 

9 section 1310 of the Implementing Recommendations 

10 of the 9/11 Commission Act of 2007 (6 U.S.C. 1117; 

11 Public Law 110–53). 

12 (8) The extent to which surface transportation 

13 security inspectors review and enhance information 

14 security practices and enforce applicable information 

15 security regulations and directives. 

16 (9) Any recommendations relating to the effi17 ciency and effectiveness of the TSA’s surface transpor18 tation security inspectors program. 

19 SEC. 202. INSPECTOR GENERAL AUDIT; TSA OFFICE OF IN20 SPECTION WORKFORCE CERTIFICATION. 

21 (a) INSPECTOR GENERAL AUDIT.— 

22 (1) IN GENERAL.—Not later than 60 days after 

23 the date of the enactment of this Act, the Inspector 

24 General of the Department shall analyze the data and 

25 methods that the Administrator uses to identify Office 


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1 of Inspection employees of the Administration who 

2 meet the requirements of sections 8331(20), 8401(17), 

3 and 5545a of title 5, United States Code, and provide 

4 the relevant findings to the Administrator, including 

5 a finding on whether such data and methods are ade6 quate and valid. 

7 (2) PROHIBITION ON HIRING.—If the Inspector 

8 General of the Department finds that the data and 

9 methods referred to in paragraph (1) are inadequate 

10 or invalid, the Administrator may not hire any new 

11 employee to work in the Office of Inspection of the 

12 Administration until— 

13 (A) the Administrator makes a certification 

14 described in subsection (b)(1) to the Committee 

15 on Homeland Security of the House of Rep16 resentatives and the Committee on Homeland Se17 curity and Governmental Affairs and the Com18 mittee on Commerce, Science, and Transpor19 tation of the Senate; and 

20 (B) the Inspector General submits to such 

21 Committees a finding, not later than 30 days 

22 after the Administrator makes such certification, 

23 that the Administrator utilized adequate and 

24 valid data and methods to make such certifi25 cation. 


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1 (b) TSA OFFICE OF INSPECTION WORKFORCE CER2 TIFICATION.— 

3 (1) IN GENERAL.—The Administrator shall, by 

4 not later than 90 days after the date the Inspector 

5 General of the Department provides its findings to the 

6 Assistant Secretary under subsection (a)(1), document 

7 and certify in writing to the Committee on Homeland 

8 Security of the House of Representatives and the 

9 Committee on Homeland Security and Governmental 

10 Affairs and the Committee on Commerce, Science, 

11 and Transportation of the Senate that only those Of12 fice of Inspection employees of the Administration 

13 who meet the requirements of sections 8331(20), 

14 8401(17), and 5545a of title 5, United States Code, 

15 are classified as criminal investigators and are re16 ceiving premium pay and other benefits associated 

17 with such classification. 

18 (2) EMPLOYEE RECLASSIFICATION.—The Admin19 istrator shall reclassify criminal investigator posi20 tions in the Office of Inspection of the Administration 

21 as noncriminal investigator positions or non-law en22 forcement positions if the individuals in such posi23 tions do not, or are not expected to, spend an average 

24 of at least 50 percent of their time performing crimi25 nal investigative duties. 


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1 (3) PROJECTED COST SAVINGS.— 

2 (A) IN GENERAL.—The Administrator shall 

3 estimate the total long-term cost savings to the 

4 Federal Government resulting from the imple5 mentation of paragraph (2), and provide such 

6 estimate to the Committee on Homeland Security 

7 of the House of Representatives and the Com8 mittee on Homeland Security and Governmental 

9 Affairs and the Committee on Commerce, 

10 Science, and Transportation of the Senate by not 

11 later than 180 days after the date of enactment 

12 of this Act. 

13 (B) CONTENTS.—The estimate described in 

14 subparagraph (A) shall identify savings associ15 ated with the positions reclassified under para16 graph (2) and include, among other factors the 

17 Administrator considers appropriate, savings 

18 from— 

19 (i) law enforcement training; 

20 (ii) early retirement benefits; 

21 (iii) law enforcement availability and 

22 other premium pay; and 

23 (iv) weapons, vehicles, and commu24 nications devices. 


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1 (c) STUDY.—Not later than 180 days after the date 

2 that the Administrator submits the certification under sub3 section (b)(1), the Inspector General of the Department shall 

4 submit to the Committee on Homeland Security of the 

5 House of Representatives and the Committee on Homeland 

6 Security and Governmental Affairs and the Committee on 

7 Commerce, Science, and Transportation of the Senate a 

8 study— 

9 (1) reviewing the employee requirements, respon10 sibilities, and benefits of criminal investigators in the 

11 Office of Inspection of the Administration with crimi12 nal investigators employed at agencies adhering to the 

13 Office of Personnel Management employee classifica14 tion system; and 

15 (2) identifying any inconsistencies and costs im16 plications for differences between the varying em17 ployee requirements, responsibilities, and benefits. 

18 SEC. 203. REPEAL OF BIENNIAL REPORTING REQUIREMENT 

19 FOR THE GOVERNMENT ACCOUNTABILITY OF20 FICE RELATING TO THE TRANSPORTATION 

21 SECURITY INFORMATION SHARING PLAN. 

22 Subsection (u) of section 114 of title 49, United States 

23 Code, is amended by— 

24 (1) striking paragraph (7); and 


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1 (2) redesignating paragraphs (8) and (9) as 

2 paragraphs (7) and (8), respectively. 

3 SEC. 204. SECURITY TRAINING FOR FRONTLINE TRANSPOR4 TATION WORKERS. 

5 Not later than 90 days after the date of the enactment 

6 of the Act, the Administrator shall submit to the Committee 

7 on Homeland Security of the House of Representatives and 

8 the Committee on Homeland Security and Governmental 

9 Affairs and the Committee on Commerce, Science, and 

10 Transportation of the Senate a report regarding the status 

11 of the implementation of sections 1408 (6 U.S.C. 1137) and 

12 1534 (6 U.S.C. 1184) of the Implementing Recommenda13 tions of the 9/11 Commission Act of 2007 (Public Law 110– 

14 53). The Administrator shall include in such report specific 

15 information on the challenges that the Administrator has 

16 encountered since the date of the enactment of the Imple17 menting Recommendations of the 9/11 Commission Act of 

18 2007 with respect to establishing regulations requiring the 

19 provision of basic security training to public transportation 

20 frontline employees and over-the-road bus frontline employ21 ees for preparedness for potential security threats and con22 ditions. 

23 SEC. 205. FEASIBILITY ASSESSMENT. 

24 Not later than 120 days after the date of the enactment 

25 of this Act, the Administrator shall submit to the Committee 


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1 on Homeland Security of the House of Representatives and 

2 the Committee on Homeland Security and Governmental 

3 Affairs and the Committee on Commerce, Science, and 

4 Transportation of the Senate a feasibility assessment of 

5 partnering with an independent, not-for-profit organization 

6 to help provide venture capital to businesses, particularly 

7 small businesses, for commercialization of innovative home8 land security technologies that are expected to be ready for 

9 commercialization in the near term and within 36 months. 

10 In conducting such feasibility assessment, the Adminis11 trator shall consider the following: 

12 (1) Establishing an independent, not-for-profit 

13 organization, modeled after the In-Q-tel program, a 

14 venture capital partnership between the private sector 

15 and the intelligence community (as such term is de16 fined in section 3(4) of the National Security Act of 

17 1947 (50 U.S.C. 3003(4)), to help businesses, particu18 larly small businesses, commercialize innovative secu19 rity-related technologies. 

20 (2) Enhanced engagement, either through the 

21 Science and Technology Directorate of the Depart22 ment of Homeland Security or directly, with the In23 Q-tel program described in paragraph (1). 


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Union Calendar No. 298 

114TH CONGRESS 

2D SESSION H. R. 3584 

[Report No. 114–396] 

A BILL 

To authorize, streamline, and identify efficiencies 

tion, and for other purposes. within the Transportation Security AdministraJANUARY 12, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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