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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3584 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 298
114th CONGRESS
  2d Session
                                H. R. 3584

                          [Report No. 114-396]

    To authorize, streamline, and identify efficiencies within the 
    Transportation Security Administration, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2015

 Mr. Katko (for himself and Mr. McCaul) introduced the following bill; 
        which was referred to the Committee on Homeland Security

                            January 12, 2016

               Additional sponsor: Miss Rice of New York

                            January 12, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 22, 2015]

_______________________________________________________________________

                                 A BILL

 
    To authorize, streamline, and identify efficiencies within the 
    Transportation Security Administration, and for other purposes.

 

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Transportation 
Security Administration Reform and Improvement Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; Table of contents.
Sec. 2. Definitions.

                       TITLE I--AVIATION SECURITY

Sec. 101. TSA PreCheck.
Sec. 102. PreCheck and general passenger biometric identification.
Sec. 103. Limitation; PreCheck operations maintained; Alternate 
                            methods.
Sec. 104. Secure Flight program.
Sec. 105. Efficiency review by TSA.
Sec. 106. Donation of screening equipment to protect the United States.
Sec. 107. Review of sustained security directives.
Sec. 108. Maintenance of security-related technology.
Sec. 109. Vetting of aviation workers.
Sec. 110. Aviation Security Advisory Committee consultation.
Sec. 111. Private contractor canine evaluation and integration pilot 
                            program.
Sec. 112. Covert testing at airports.
Sec. 113. Training for transportation security officers.

      TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS

Sec. 201. Surface Transportation Inspectors.
Sec. 202. Inspector General audit; TSA Office of Inspection workforce 
                            certification.
Sec. 203. Repeal of biennial reporting requirement for the Government 
                            Accountability Office relating to the 
                            Transportation Security Information Sharing 
                            Plan.
Sec. 204. Security training for frontline transportation workers.
Sec. 205. Feasibility assessment.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration; tsa.--The terms ``Administration'' and 
        ``TSA'' mean the Transportation Security Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (4) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (5) Secure flight.--The term ``Secure Flight'' means the 
        Administration's watchlist matching program.

                       TITLE I--AVIATION SECURITY

SEC. 101. TSA PRECHECK.

    (a) TSA PreCheck.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator shall--
            (1) ensure that all screening of passengers and their 
        accessible property shall be conducted in a risk-based, 
        intelligence-driven manner with consideration given to the 
        privacy and civil liberties of such passengers; and
            (2) operate a trusted passenger screening program known as 
        ``TSA PreCheck'' that provides expedited screening for low-risk 
        passengers and their accessible property based on a 
        comprehensive and continuous analysis of factors specified in 
        subsection (b).
    (b) Factors.--Factors referred to in subsection (a)(2) shall 
include the following:
            (1) Whether passengers described in such subsection are 
        members of other trusted traveler programs of the Department.
            (2) Whether such passengers are traveling pursuant to 
        subsection (m) of section 44903 of title 49, United States Code 
        (as established under the Risk-Based Security for Members of 
        the Armed Forces Act (Public Law 112-86)), section 44927 of 
        such title (as established under the Helping Heroes Fly Act 
        (Public Law 113-27)), or section 44928 of such title (as 
        established under the Honor Flight Act (Public Law 113-221)).
            (3) Whether such passengers possess an active security 
        clearance or other credential issued by the Federal Government 
        for which TSA has conducted a written threat assessment and 
        determined that such passengers present a low risk to 
        transportation or national security.
            (4) Whether such passengers are members of a population for 
        whom TSA has conducted a written security threat assessment, 
        determined that such population poses a low risk to 
        transportation or national security, and has issued such 
        passengers a known traveler number.
            (5) The ability of the Administration to verify such 
        passengers' identity and whether such passengers pose a risk to 
        aviation security.
            (6) Threats to transportation or national security as 
        identified by the intelligence community and law enforcement 
        community.
    (c) Enrollment Expansion.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Administrator shall publish 
        PreCheck application enrollment standards to add multiple 
        private sector application capabilities for the TSA PreCheck 
        program to increase the public's enrollment access to such 
        program, including standards that allow the use of secure 
        technologies, including online enrollment, kiosks, tablets, or 
        staffed computer stations at which individuals can apply for 
        entry into such program.
            (2) Requirements.--Upon publication of the PreCheck program 
        application enrollment standards pursuant to paragraph (1), the 
        Administrator shall--
                    (A) coordinate with interested parties to deploy 
                TSA-approved ready-to-market private sector solutions 
                that meet the TSA PreCheck application enrollment 
                standards described in paragraph (1), make available 
                additional PreCheck enrollment capabilities, and offer 
                secure online and mobile enrollment opportunities;
                    (B) partner with the private sector to collect 
                biographic and biometric identification information via 
                kiosks, mobile devices, or other mobile enrollment 
                platforms to reduce the number of instances in which 
                passengers need to travel to enrollment centers;
                    (C) ensure that the kiosks, mobile devices, or 
                other mobile enrollment platforms referred to in 
                subparagraph (E) are secure and not vulnerable to data 
                breaches;
                    (D) ensure that any biometric and biographic 
                information is collected in a manner which is 
                comparable with the National Institute of Standards and 
                Technology standards and ensures privacy and data 
                security protections, including that applicants' 
                personally identifiable information is collected, 
                retained, used, and shared in a manner consistent with 
                section 552a of title 5, United States Code (commonly 
                known as the ``Privacy Act of 1974''), and agency 
                regulations;
                    (E) ensure that an individual who wants to enroll 
                in the PreCheck program and has started an application 
                with a single identification verification at one 
                location will be able to save such individual's 
                application on any kiosk, personal computer, mobile 
                device, or other mobile enrollment platform and be able 
                to return within a reasonable time to submit a second 
                identification verification; and
                    (F) ensure that any enrollment expansion using a 
                private sector risk assessment instead of a 
                fingerprint-based criminal history records check is 
                determined, by the Secretary of Homeland Security, to 
                be equivalent to a fingerprint-based criminal history 
                records check conducted through the Federal Bureau of 
                Investigation.
            (3) Marketing of precheck program.--Upon publication of 
        PreCheck program application enrollment standards pursuant to 
        paragraph (1), the Administrator shall--
                    (A) in accordance with such standards, develop and 
                implement--
                            (i) a process, including an associated 
                        timeframe, for approving private sector 
                        marketing of the TSA PreCheck program; and
                            (ii) a strategy for partnering with the 
                        private sector to encourage enrollment in such 
                        program; and
                    (B) submit to Congress a report on any PreCheck 
                fees collected in excess of the costs of administering 
                such program, including recommendations for using such 
                amounts to support marketing of such program under this 
                subsection.
            (4) Identity verification enhancement.--Not later than 90 
        days after the date of the enactment of this Act, the 
        Administrator shall--
                    (A) coordinate with the heads of appropriate 
                components of the Department to leverage Department-
                held data and technologies to verify the citizenship of 
                individuals enrolling in the TSA PreCheck program; and
                    (B) partner with the private sector to use advanced 
                biometrics and standards comparable with National 
                Institute of Standards and Technology standards to 
                facilitate enrollment in such program.
            (5) Precheck lane operation.--The Administrator shall--
                    (A) ensure that TSA PreCheck screening lanes are 
                open and available during peak and high-volume travel 
                times at airports to individuals enrolled in the 
                PreCheck program; and
                    (B) make every practicable effort to provide 
                expedited screening at standard screening lanes during 
                times when PreCheck screening lanes are closed to 
                individuals enrolled in such program in order to 
                maintain operational efficiency.
            (6) Vetting for precheck participants.--Not later than 90 
        days after the date of the enactment of this Act, the 
        Administrator shall initiate an assessment of the security 
        vulnerabilities in the vetting process for the PreCheck program 
        that includes an evaluation of whether subjecting PreCheck 
        participants to recurrent fingerprint-based criminal history 
        records checks, in addition to recurrent checks against the 
        terrorist watchlist, could be done in a cost-effective manner 
        to strengthen the security of the PreCheck program.

SEC. 102. PRECHECK AND GENERAL PASSENGER BIOMETRIC IDENTIFICATION.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Administrator shall conduct a pilot project 
to establish a secure, automated, biometric-based system at airports to 
verify the identity of passengers who are members of TSA PreCheck. Such 
system shall--
            (1) reduce the need for security screening personnel to 
        perform travel document verification for individuals enrolled 
        in TSA PreCheck;
            (2) reduce the average wait time of individuals enrolled in 
        TSA PreCheck;
            (3) reduce overall operating expenses of the 
        Administration;
            (4) be integrated with the Administration's watch list and 
        trusted traveler matching program;
            (5) be integrated with other checkpoint technologies to 
        further facilitate risk-based passenger screening at the 
        checkpoint, to the extent practicable and consistent with 
        security standards; and
            (6) consider capabilities and policies of U.S. Customs and 
        Border Protection's Global Entry Program, as appropriate.
    (b) Establishment of Screening System for Certain Passengers.--
Section 44901 of title 49, United States Code is amended--
            (1) by redesignating subsections (c) through (l) as 
        subsections (d) through (m), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Establishment of Screening System for Certain Passengers.--
Not later than December 31, 2017, in accordance with the requirements 
of the Transportation Security Administration Reform and Improvement 
Act of 2015, the Administrator of the Transportation Security 
Administration shall establish a secure, automated system at all large 
hub airports for verifying travel and identity documents of passengers 
who are not members of the Administration's risk-based aviation 
passenger screening program, known as `TSA PreCheck'. Such system 
shall--
            ``(1) assess the need for security screening personnel to 
        perform travel document verification for such passengers, 
        thereby assessing the overall number of such screening 
        personnel;
            ``(2) assess the average wait time of such passengers;
            ``(3) assess overall operating expenses of the 
        Administration;
            ``(4) be integrated with the Administration's watch list 
        matching program; and
            ``(5) be integrated with other checkpoint technologies to 
        further facilitate risk-based passenger screening at the 
        checkpoint, to the extent practicable and consistent with 
        security standards.''.

SEC. 103. LIMITATION; PRECHECK OPERATIONS MAINTAINED; ALTERNATE 
              METHODS.

    (a) In General.--Except as provided in subsection (c), the 
Administrator shall direct that access to expedited airport security 
screening at an airport security checkpoint be limited to only the 
following:
            (1) A passenger who voluntarily submits biographic and 
        biometric information for a security risk assessment and whose 
        application for the PreCheck program has been approved, or a 
        passenger who is a participant in another trusted or registered 
        traveler program of the Department.
            (2) A passenger traveling pursuant to section 44903 of 
        title 49, United States Code (as established under the Risk-
        Based Security for Members of the Armed Forces Act (Public Law 
        112-86)), section 44927 of such title (as established under the 
        Helping Heroes Fly Act (Public Law 113-27)), or section 44928 
        of such title (as established under the Honor Flight Act 
        (Public Law 113-221)).
            (3) A passenger who did not voluntarily submit biographic 
        and biometric information for a security risk assessment but is 
        a member of a population designated by the Administrator as 
        known and low-risk and who may be issued a unique, known 
        traveler number by the Administrator determining that such 
        passenger is a member of a category of travelers designated by 
        the Administrator as known and low-risk.
    (b) PreCheck Operations Maintained.--In carrying out subsection 
(a), the Administrator shall ensure that expedited airport security 
screening remains available to passengers at or above the level that 
exists on the day before the date of the enactment of this Act.
    (c) Frequent Fliers.--If the Administrator determines that such is 
appropriate, the implementation of subsection (a) may be delayed by up 
to one year with respect to the population of passengers who did not 
voluntarily submit biographic and biometric information for security 
risk assessments but who nevertheless receive expedited airport 
security screening because such passengers are designated as frequent 
fliers by air carriers. If the Administrator uses the authority 
provided by this subsection, the Administrator shall notify the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate of 
such phased-in implementation.
    (d) Alternate Methods.--The Administrator may provide access to 
expedited airport security screening to additional passengers pursuant 
to an alternate method upon the submission to the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate of an independent assessment 
of the security effectiveness of such alternate method that is 
conducted by an independent entity that determines that such alternate 
method is designed to--
            (1) reliably and effectively identify passengers who likely 
        pose a low risk to the United States aviation system;
            (2) mitigate the likelihood that a passenger who may pose a 
        security threat to the United States aviation system is 
        selected for expedited security screening; and
            (3) address known and evolving security risks to the United 
        States aviation system.
    (e) Information Sharing.--The Administrator shall provide to the 
entity conducting the independent assessment under subsection (d) 
effectiveness testing results that are consistent with established 
evaluation design practices, as identified by the Comptroller General 
of the United States.
    (f) Reporting.--Not later than three months after the date of the 
enactment of this Act and annually thereafter, the Administrator shall 
report to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the percentage of all passengers who 
are provided expedited security screening, and of such passengers so 
provided, the percentage who are participants in the PreCheck program 
(who have voluntarily submitted biographic and biometric information 
for security risk assessments), the percentage who are participants in 
another trusted traveler program of the Department, the percentage who 
are participants in the PreCheck program due to the Administrator's 
issuance of known traveler numbers, and for the remaining percentage of 
passengers granted access to expedited security screening in PreCheck 
security lanes, information on the percentages attributable to each 
alternative method utilized by the Administration to direct passengers 
to expedited airport security screening at PreCheck security lanes.
    (g) Rule of Construction.--Nothing in this section may be construed 
to--
            (1) authorize or direct the Administrator to reduce or 
        limit the availability of expedited security screening at an 
        airport; or
            (2) limit the authority of the Administrator to use 
        technologies and systems, including passenger screening canines 
        and explosives trace detection, as a part of security screening 
        operations.

SEC. 104. SECURE FLIGHT PROGRAM.

    Not later than 90 days after the date of the enactment of this Act, 
the Administrator shall--
            (1) develop a process for regularly evaluating the root 
        causes of screening errors at checkpoints across airports so 
        that corrective measures are able to be identified;
            (2) implement such corrective measures to address the root 
        causes of such screening errors occurring at the checkpoint;
            (3) develop additional measures to address key performance 
        aspects related to the Secure Flight program goals and ensure 
        that such measures clearly identify activities necessary to 
        achieve progress towards such goals;
            (4) develop a mechanism to systematically document the 
        number and causes of Secure Flight program matching errors for 
        the purpose of improving program performance and provide 
        program managers with timely and reliable information;
            (5) provide job-specific privacy refresher training for 
        Secure Flight program staff to further protect personally 
        identifiable information in the Secure Flight system program; 
        and
            (6) develop a mechanism to comprehensively document and 
        track key Secure Flight program privacy issues and decisions to 
        ensure the Secure Flight program has complete information for 
        effective oversight of its privacy controls.

SEC. 105. EFFICIENCY REVIEW BY TSA.

    (a) Review Required.--Not later than 270 days after the date of the 
enactment of this Act, the Administrator shall conduct and complete a 
comprehensive, agency-wide efficiency review of the Administration to 
identify spending reductions and administrative savings through the 
streamlining and any necessary restructuring of agency divisions to 
make the Administration more efficient. In carrying out the review 
under this section, the Administrator shall consider each of the 
following:
            (1) The elimination of any duplicative or overlapping 
        programs and initiatives that can be streamlined.
            (2) The elimination of any unnecessary or obsolete rules, 
        regulations, directives, or procedures.
            (3) Any other matters the Administrator determines are 
        appropriate.
    (b) Report to Congress.--Not later than 30 days after the 
completion of the efficiency review required under subsection (a), the 
Administrator shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report that specifies the results and 
cost savings expected to be achieved through such efficiency review. 
Such report shall also include information relating to how the 
Administration may use efficiencies identified through such efficiency 
review to provide funding to reimburse airports that incurred eligible 
costs for in-line baggage screening systems.

SEC. 106. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED STATES.

    (a) In General.--The Administrator is authorized to donate security 
screening equipment to a foreign last-point-of-departure airport 
operator if such equipment can be reasonably expected to mitigate a 
specific vulnerability to the security of the United States or United 
States citizens.
    (b) Report to Congress.--Not later than 30 days before any donation 
of equipment under this section, the Administrator shall provide to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate a 
detailed written explanation of--
            (1) the specific vulnerability to the United States that 
        will be mitigated with such donation;
            (2) an explanation as to why the recipient is unable or 
        unwilling to purchase equipment to mitigate such threat;
            (3) an evacuation plan for sensitive technologies in case 
        of emergency or instability in the country to which such 
        donation is being made;
            (4) how the Administration will ensure the equipment that 
        is being donated is used and maintained over the course of its 
        life by the recipient; and
            (5) the total dollar value of such donation.

SEC. 107. REVIEW OF SUSTAINED SECURITY DIRECTIVES.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act and annually thereafter, for any security 
directive that has been in effect for longer than one year, the 
Administrator shall review the necessity of such directives, from a 
risk-based perspective.
    (b) Briefing to Congress.--Upon completion of each review pursuant 
to subsection (a), the Administrator shall brief the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate on--
            (1) any changes being made to existing security directives 
        as a result of each such review;
            (2) the specific threat that is being mitigated by any such 
        directive that will remain in effect; and
            (3) the planned disposition of any such directive.

SEC. 108. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.

    (a) In General.--Title XVI of the Homeland Security Act of 2002 (6 
U.S.C. 561 et seq.) is amended by adding at the end the following:

        ``Subtitle C--Maintenance of Security-Related Technology

``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this subtitle, the Administrator shall develop and 
implement a preventive maintenance validation process for security-
related technology deployed to airports.
    ``(b) Maintenance by Administration Personnel at Airports.--For 
maintenance to be carried out by Administration personnel at airports, 
the process referred to in subsection (a) shall include the following:
            ``(1) Guidance to Administration personnel, equipment 
        maintenance technicians, and other personnel at airports 
        specifying how to conduct and document preventive maintenance 
        actions.
            ``(2) Mechanisms for the Administrator to verify compliance 
        with the guidance issued pursuant to paragraph (1).
    ``(c) Maintenance by Contractors at Airports.--For maintenance to 
be carried out by a contractor at airports, the process referred to in 
subsection (a) shall require the following:
            ``(1) Provision of monthly preventive maintenance schedules 
        to appropriate Administration personnel at each airport that 
        includes information on each action to be completed by a 
        contractor.
            ``(2) Notification to appropriate Administration personnel 
        at each airport when maintenance action is completed by a 
        contractor.
            ``(3) A process for independent validation by a third party 
        of contractor maintenance.
    ``(d) Penalties for Noncompliance.--The Administrator shall require 
maintenance contracts for security-related technology deployed to 
airports to include penalties for noncompliance when it is determined 
that either preventive or corrective maintenance has not been completed 
according to contractual requirements and manufacturers' 
specifications.''.
    (b) Inspector General Assessment.--Not later than one year after 
the date of the enactment of this Act, the Inspector General of the 
Department of Homeland Security shall assess implementation of the 
requirements under section 1621 of the Homeland Security Act of 2002 
(as added by subsection (a) of this section), and provide findings and 
recommendations with respect to the provision of training to 
Administration personnel, equipment maintenance technicians, and other 
personnel under such section 1621 and the availability and utilization 
of equipment maintenance technicians employed by the Administration.
    (c) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 1616 the following:

        ``Subtitle C--Maintenance of Security-Related Technology

``Sec. 1621. Maintenance validation and oversight.''.

SEC. 109. VETTING OF AVIATION WORKERS.

    (a) In General.--Subtitle A of title XVI of the Homeland Security 
Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section 
1601 the following new section:

``SEC. 1602. VETTING OF AVIATION WORKERS.

    ``(a) In General.--By not later than December 31, 2015, the 
Administrator, in coordination with the Assistant Secretary for Policy 
of the Department, shall request from the Director of National 
Intelligence access to additional data from the Terrorist Identities 
Datamart Environment (TIDE) data and any or other terrorism-related 
information to improve the effectiveness of the Administration's 
credential vetting program for individuals with unescorted access to 
sensitive areas of airports.
    ``(b) Security Inspection.--By not later than December 31, 2015, 
the Administrator shall issue guidance for Transportation Security 
Inspectors to annually review airport badging office procedures for 
applicants seeking access to sensitive areas of airports. Such guidance 
shall include a comprehensive review of applicants' Criminal History 
Records Check (CHRC) and work authorization documentation during the 
course of an inspection.
    ``(c) Information Sharing.--By not later than December 31, 2015, 
the Administrator may conduct a pilot program of the Rap Back Service, 
in coordination with the Director of the Federal Bureau of 
Investigation, to determine the feasibility of full implementation of a 
service through which the Administrator would be notified of a change 
in status of an individual holding a valid credential granting 
unescorted access to sensitive areas of airports across eligible 
Administration-regulated populations.
    ``(d) Procedures.--The pilot program under subsection (c) shall 
evaluate whether information can be narrowly tailored to ensure that 
the Administrator only receives notification of a change with respect 
to a disqualifying offense under the credential vetting program under 
subsection (a), as specified in 49 CFR 1542.209, and in a manner that 
complies with current regulations for fingerprint-based criminal 
history records checks. The pilot program shall be carried out in a 
manner so as to ensure that, in the event that notification is made 
through the Rap Back Service of a change but a determination of arrest 
status or conviction is in question, the matter will be handled in a 
manner that is consistent with current regulations. The pilot program 
shall also be carried out in a manner that is consistent with current 
regulations governing an investigation of arrest status, correction of 
Federal Bureau of Investigation records and notification of 
disqualification, and corrective action by the individual who is the 
subject of an inquiry.
    ``(e) Determination and Submission.--If the Administrator 
determines that full implementation of the Rap Back Service is feasible 
and can be carried out in a manner that is consistent with current 
regulations for fingerprint-based criminal history checks, including 
the rights of individuals seeking credentials, the Administrator shall 
submit such determination, in writing, to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate, together with information on 
the costs associated with such implementation, including the costs 
incurred by the private sector. In preparing this determination, the 
Administrator shall consult with the Chief Civil Rights and Civil 
Liberties Officer of the Department to ensure that protocols are in 
place to align the period of retention of personally identifiable 
information and biometric information, including fingerprints, in the 
Rap Back Service with the period in which the individual who is the 
subject of an inquiry has a valid credential.
    ``(f) Credential Security.--By not later than September 30, 2015, 
the Administrator shall issue guidance to airports mandating that all 
federalized airport badging authorities place an expiration date on 
airport credentials commensurate with the period of time during which 
an individual is lawfully authorized to work in the United States.
    ``(g) Aviation Worker Lawful Status.--By not later than December 
31, 2015, the Administrator shall review the denial of credentials due 
to issues associated with determining an applicant's lawful status in 
order to identify airports with specific weaknesses and shall 
coordinate with such airports to mutually address such weaknesses, as 
appropriate.
    ``(h) Reports to Congress.--Upon completion of the determinations 
and reviews required under this section, the Administrator shall brief 
the Committee on Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate on the results of 
such determinations and reviews.''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 1601 the following new item:

``Sec. 1602. Vetting of aviation workers.''.
    (c) Status Update on Rap Back Service Pilot Program.--Not later 
than 60 days after the date of the enactment of this Act, the 
Administrator of the Transportation Security Administration shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and Transportation of 
the Senate a report on the status of plans to conduct a pilot program 
in coordination with the Federal Bureau of Investigation of the Rap 
Back Service in accordance with subsection (c) of section 1602 of the 
Homeland Security Act of 2002, as added by subsection (a) of this 
section. The report shall include details on the business, technical, 
and resource requirements for the Transportation Security 
Administration and pilot program participants, and provide a timeline 
and goals for the pilot program.

SEC. 110. AVIATION SECURITY ADVISORY COMMITTEE CONSULTATION.

    (a) In General.--The Administrator shall consult, to the extent 
practicable, with the Aviation Security Advisory Committee (established 
pursuant to section 44946 of title 49 of the United States Code) 
regarding any modification to the prohibited item list prior to issuing 
a determination about any such modification.
    (b) Report on the Transportation Security Oversight Board.--Not 
later than 120 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit to the Transportation 
Security Oversight Board (established pursuant to section 115 of title 
49, United States Code), the Committee on Homeland Security of the 
House of Representatives, and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report that includes general information 
on how often the Board has met, the current composition of the Board, 
and what activities the Board has undertaken, consistent with the 
duties specified in subsection (c) of such section. The Secretary may 
include in such report recommendations for changes to such section in 
consideration of the provisions of section 44946 of title 49, United 
States Code.
    (c) Technical Correction.--Subparagraph (A) of section 44946(c)(2) 
of title 49, United States Code, is amended to read as follows:
                    ``(A) Terms.--The term of each member of the 
                Advisory Committee shall be two years but may continue 
                until such time as a successor member begins serving on 
                the Advisory Committee. A member of the Advisory 
                Committee may be reappointed.''.
    (d) Definition.--In this section, the term ``prohibited item list'' 
means the list of items passengers are prohibited from carrying as 
accessible property or on their persons through passenger screening 
checkpoints at airports, into sterile areas at airports, and on board 
passenger aircraft, pursuant to section 1540.111 of title 49, Code of 
Federal Regulations (as in effect on January 1, 2015).

SEC. 111. PRIVATE CONTRACTOR CANINE EVALUATION AND INTEGRATION PILOT 
              PROGRAM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall establish a pilot 
program to evaluate the use, effectiveness, and integration of 
privately-operated explosives detection canine teams using both the 
passenger screening canine and traditional explosives detection canine 
methods.
    (b) Elements.--The pilot program under subsection (a) shall include 
the following elements:
            (1) A full-time presence in three Category X, two Category 
        I, and one Category II airports.
            (2) A duration of at least twelve months from the time 
        private contractor teams are operating at full capacity.
            (3) A methodology for evaluating how to integrate private 
        contractor teams into the checkpoint area to detect explosive 
        devices missed by mechanical or human error at other points in 
        the screening process.
            (4) Covert testing with inert improvised explosive devices 
        and accurately recreated explosives odor traces to determine 
        the relative effectiveness of a full-time canine team in 
        strengthening checkpoint security.
    (c) Quarterly Updates.--The Administrator shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
written updates on the procurement, deployment, and evaluation process 
related to the implementation of the pilot program under subsection (a) 
for every calendar quarter after the date of the enactment of this Act.
    (d) Final Report.--Not later than 90 days after the completion of 
the pilot program under subsection (a), the Administrator shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a final report on such pilot program.
    (e) Funding.--Out of funds made available to the Office of the 
Secretary of Homeland Security, $6,000,000 is authorized to be used to 
carry out this section.

SEC. 112. COVERT TESTING AT AIRPORTS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act and annually thereafter through 2020, the 
Administrator shall conduct covert testing on an on-going basis to test 
vulnerabilities and identify weaknesses in the measures used to secure 
the aviation system of the United States. The Administrator shall, on a 
quarterly basis if practicable, provide to the Inspector General of the 
Department such testing results, methodology, and data.
    (b) Elements.--In carrying out the covert testing required under 
subsection (a), the Administrator shall--
            (1) consider security screening and procedures conducted by 
        TSA;
            (2) use available threat information and intelligence to 
        determine the types and sizes of simulated threat items and 
        threat item-body location configurations for such covert 
        testing;
            (3) use a risk-based approach to determine the location and 
        number of such covert testing;
            (4) conduct such covert testing without notifying personnel 
        at airports prior to such covert testing; and
            (5) identify reasons for failure when TSA personnel or the 
        screening equipment used do not identify and resolve any threat 
        item used during such a covert test.
    (c) Independent Review.--The Inspector General of the Department 
shall conduct covert testing of the aviation system of the United 
States in addition to the covert testing conducted by the Administrator 
under subsection (a), as appropriate, and analyze TSA covert testing 
results, methodology, and data provided pursuant to such subsection to 
determine the sufficiency of TSA covert testing protocols. The 
Inspector General shall, as appropriate, compare testing results of any 
additional covert testing conducted pursuant to this subsection with 
the results of TSA covert testing under subsection (a) to determine 
systemic weaknesses in the security of the aviation system of the 
United States.
    (d) Corrective Action.--Not later than 30 days upon completion of 
any covert testing under subsection (a), the Administrator shall make 
recommendations and implement corrective actions to mitigate 
vulnerabilities identified by such covert testing and shall notify the 
Inspector General of the Department of such recommendations and 
actions. The Inspector General shall review the extent to which such 
recommendations and actions are implemented and the degree to which 
such recommendations and actions improve the security of the aviation 
system of the United States.
    (e) Congressional Notification.--
            (1) By the administrator.--Not later than 30 days upon 
        completion of any covert testing under subsection (a), the 
        Administrator shall brief the Committee on Homeland Security of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs and the Committee on 
        Commerce, Science, and Transportation of the Senate on the 
        results of such covert testing.
            (2) By the inspector general of the department.--The 
        Inspector General shall brief the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs and the Committee on 
        Commerce, Science, and Transportation of the Senate annually on 
        the requirements specified in this section.
    (f) Rule of Construction.--Nothing in this section may be construed 
to prohibit the Administrator or the Inspector General of the 
Department from conducting covert testing of the aviation system of the 
United States with greater frequency than required under this section.

SEC. 113. TRAINING FOR TRANSPORTATION SECURITY OFFICERS.

    The Administrator shall, on a periodic basis, brief the Committee 
on Homeland Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate on the status of 
efforts to enhance initial and recurrent training of Transportation 
Security Officers.

      TITLE II--SURFACE TRANSPORTATION SECURITY AND OTHER MATTERS

SEC. 201. SURFACE TRANSPORTATION INSPECTORS.

    (a) In General.--Section 1304(d) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113; 
Public Law 110-53) is amended--
            (1) by inserting ``surface'' after ``relevant''; and
            (2) by striking ``, as determined appropriate''.
    (b) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and Transportation of 
the Senate a report on the efficiency and effectiveness of the 
Administration's Surface Transportation Security Inspectors Program 
under subsection (d) of section 1304 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113; 
Public Law 110-53).
    (c) Contents.--The report required under subsection (b) shall 
include a review of the following:
            (1) The roles and responsibilities of surface 
        transportation security inspectors.
            (2) The extent to which the TSA has used a risk-based, 
        strategic approach to determine the appropriate number of 
        surface transportation security inspectors and resource 
        allocation across field offices.
            (3) Whether TSA's surface transportation regulations are 
        risk-based and whether surface transportation security 
        inspectors have adequate experience and training to perform 
        their day-to-day responsibilities.
            (4) Feedback from regulated surface transportation industry 
        stakeholders on the benefit of surface transportation security 
        inspectors to the overall security of the surface 
        transportation systems of such stakeholders and the consistency 
        of regulatory enforcement.
            (5) Whether surface transportation security inspectors have 
        appropriate qualifications to help secure and inspect surface 
        transportation systems.
            (6) Whether TSA measures the effectiveness of surface 
        transportation security inspectors.
            (7) Any overlap between the TSA and the Department of 
        Transportation as such relates to surface transportation 
        security inspectors in accordance with section 1310 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1117; Public Law 110-53).
            (8) The extent to which surface transportation security 
        inspectors review and enhance information security practices 
        and enforce applicable information security regulations and 
        directives.
            (9) Any recommendations relating to the efficiency and 
        effectiveness of the TSA's surface transportation security 
        inspectors program.

SEC. 202. INSPECTOR GENERAL AUDIT; TSA OFFICE OF INSPECTION WORKFORCE 
              CERTIFICATION.

    (a) Inspector General Audit.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Inspector General of the 
        Department shall analyze the data and methods that the 
        Administrator uses to identify Office of Inspection employees 
        of the Administration who meet the requirements of sections 
        8331(20), 8401(17), and 5545a of title 5, United States Code, 
        and provide the relevant findings to the Administrator, 
        including a finding on whether such data and methods are 
        adequate and valid.
            (2) Prohibition on hiring.--If the Inspector General of the 
        Department finds that the data and methods referred to in 
        paragraph (1) are inadequate or invalid, the Administrator may 
        not hire any new employee to work in the Office of Inspection 
        of the Administration until--
                    (A) the Administrator makes a certification 
                described in subsection (b)(1) to the Committee on 
                Homeland Security of the House of Representatives and 
                the Committee on Homeland Security and Governmental 
                Affairs and the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Inspector General submits to such 
                Committees a finding, not later than 30 days after the 
                Administrator makes such certification, that the 
                Administrator utilized adequate and valid data and 
                methods to make such certification.
    (b) TSA Office of Inspection Workforce Certification.--
            (1) In general.--The Administrator shall, by not later than 
        90 days after the date the Inspector General of the Department 
        provides its findings to the Assistant Secretary under 
        subsection (a)(1), document and certify in writing to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate that only those Office of Inspection employees of 
        the Administration who meet the requirements of sections 
        8331(20), 8401(17), and 5545a of title 5, United States Code, 
        are classified as criminal investigators and are receiving 
        premium pay and other benefits associated with such 
        classification.
            (2) Employee reclassification.--The Administrator shall 
        reclassify criminal investigator positions in the Office of 
        Inspection of the Administration as noncriminal investigator 
        positions or non-law enforcement positions if the individuals 
        in such positions do not, or are not expected to, spend an 
        average of at least 50 percent of their time performing 
        criminal investigative duties.
            (3) Projected cost savings.--
                    (A) In general.--The Administrator shall estimate 
                the total long-term cost savings to the Federal 
                Government resulting from the implementation of 
                paragraph (2), and provide such estimate to the 
                Committee on Homeland Security of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs and the Committee on Commerce, 
                Science, and Transportation of the Senate by not later 
                than 180 days after the date of enactment of this Act.
                    (B) Contents.--The estimate described in 
                subparagraph (A) shall identify savings associated with 
                the positions reclassified under paragraph (2) and 
                include, among other factors the Administrator 
                considers appropriate, savings from--
                            (i) law enforcement training;
                            (ii) early retirement benefits;
                            (iii) law enforcement availability and 
                        other premium pay; and
                            (iv) weapons, vehicles, and communications 
                        devices.
    (c) Study.--Not later than 180 days after the date that the 
Administrator submits the certification under subsection (b)(1), the 
Inspector General of the Department shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate a study--
            (1) reviewing the employee requirements, responsibilities, 
        and benefits of criminal investigators in the Office of 
        Inspection of the Administration with criminal investigators 
        employed at agencies adhering to the Office of Personnel 
        Management employee classification system; and
            (2) identifying any inconsistencies and costs implications 
        for differences between the varying employee requirements, 
        responsibilities, and benefits.

SEC. 203. REPEAL OF BIENNIAL REPORTING REQUIREMENT FOR THE GOVERNMENT 
              ACCOUNTABILITY OFFICE RELATING TO THE TRANSPORTATION 
              SECURITY INFORMATION SHARING PLAN.

    Subsection (u) of section 114 of title 49, United States Code, is 
amended by--
            (1) striking paragraph (7); and
            (2) redesignating paragraphs (8) and (9) as paragraphs (7) 
        and (8), respectively.

SEC. 204. SECURITY TRAINING FOR FRONTLINE TRANSPORTATION WORKERS.

    Not later than 90 days after the date of the enactment of the Act, 
the Administrator shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report regarding the status of the 
implementation of sections 1408 (6 U.S.C. 1137) and 1534 (6 U.S.C. 
1184) of the Implementing Recommendations of the 9/11 Commission Act of 
2007 (Public Law 110-53). The Administrator shall include in such 
report specific information on the challenges that the Administrator 
has encountered since the date of the enactment of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 with respect to 
establishing regulations requiring the provision of basic security 
training to public transportation frontline employees and over-the-road 
bus frontline employees for preparedness for potential security threats 
and conditions.

SEC. 205. FEASIBILITY ASSESSMENT.

    Not later than 120 days after the date of the enactment of this 
Act, the Administrator shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate a feasibility assessment of 
partnering with an independent, not-for-profit organization to help 
provide venture capital to businesses, particularly small businesses, 
for commercialization of innovative homeland security technologies that 
are expected to be ready for commercialization in the near term and 
within 36 months. In conducting such feasibility assessment, the 
Administrator shall consider the following:
            (1) Establishing an independent, not-for-profit 
        organization, modeled after the In-Q-tel program, a venture 
        capital partnership between the private sector and the 
        intelligence community (as such term is defined in section 3(4) 
        of the National Security Act of 1947 (50 U.S.C. 3003(4)), to 
        help businesses, particularly small businesses, commercialize 
        innovative security-related technologies.
            (2) Enhanced engagement, either through the Science and 
        Technology Directorate of the Department of Homeland Security 
        or directly, with the In-Q-tel program described in paragraph 
        (1).
                                                 Union Calendar No. 298

114th CONGRESS

  2d Session

                               H. R. 3584

                          [Report No. 114-396]

_______________________________________________________________________

                                 A BILL

    To authorize, streamline, and identify efficiencies within the 
    Transportation Security Administration, and for other purposes.

_______________________________________________________________________

                            January 12, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```