114TH CONGRESS 

2D SESSION H. R. 3584 

AN ACT 

To authorize, streamline, and identify efficiencies within the 

Transportation Security Administration, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Transportation Security Administration Reform and Im4 provement Act of 2015’’. 

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

6 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. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATION; TSA.—The terms ‘‘Ad10 ministration’’ and ‘‘TSA’’ mean the Transportation 

11 Security Administration. 
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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Transpor3 tation Security Administration. 

4 (3) INTELLIGENCE COMMUNITY.—The term 

5 ‘‘intelligence community’’ has the meaning given 

6 such term in section 3(4) of the National Security 

7 Act of 1947 (50 U.S.C. 3003(4)). 

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

9 means the Department of Homeland Security. 

10 (5) SECURE FLIGHT.—The term ‘‘Secure 

11 Flight’’ means the Administration’s watchlist match12 ing program. 

13 TITLE I—AVIATION SECURITY 

14 SEC. 101. TSA PRECHECK. 

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

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

17 shall— 

18 (1) ensure that all screening of passengers and 

19 their accessible property shall be conducted in a 

20 risk-based, intelligence-driven manner with consider21 ation given to the privacy and civil liberties of such 

22 passengers; and 

23 (2) operate a trusted passenger screening pro24 gram known as ‘‘TSA PreCheck’’ that provides ex25 pedited screening for low-risk passengers and their 
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1 accessible property based on a comprehensive and 

2 continuous analysis of factors specified in subsection 

3 (b). 

4 (b) FACTORS.—Factors referred to in subsection 

5 (a)(2) shall include the following: 

6 (1) Whether passengers described in such sub7 section are members of other trusted traveler pro8 grams of the Department. 

9 (2) Whether such passengers are traveling pur10 suant to subsection (m) of section 44903 of title 49, 

11 United States Code (as established under the Risk12 Based Security for Members of the Armed Forces 

13 Act (Public Law 112–86)), section 44927 of such 

14 title (as established under the Helping Heroes Fly 

15 Act (Public Law 113–27)), or section 44928 of such 

16 title (as established under the Honor Flight Act 

17 (Public Law 113–221)). 

18 (3) Whether such passengers possess an active 

19 security clearance or other credential issued by the 

20 Federal Government for which TSA has conducted 

21 a written threat assessment and determined that 

22 such passengers present a low risk to transportation 

23 or national security. 

24 (4) Whether such passengers are members of a 

25 population for whom TSA has conducted a written 
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1 security threat assessment, determined that such 

2 population poses a low risk to transportation or na3 tional security, and has issued such passengers a 

4 known traveler number. 

5 (5) The ability of the Administration to verify 

6 such passengers’ identity and whether such pas7 sengers pose a risk to aviation security. 

8 (6) Threats to transportation or national secu9 rity as identified by the intelligence community and 

10 law enforcement community. 

11 (c) ENROLLMENT EXPANSION.— 

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

13 the date of the enactment of this Act, the Adminis14 trator shall publish PreCheck application enrollment 

15 standards to add multiple private sector application 

16 capabilities for the TSA PreCheck program to in17 crease the public’s enrollment access to such pro18 gram, including standards that allow the use of se19 cure technologies, including online enrollment, ki20 osks, tablets, or staffed computer stations at which 

21 individuals can apply for entry into such program. 

22 (2) REQUIREMENTS.—Upon publication of the 

23 PreCheck program application enrollment standards 

24 pursuant to paragraph (1), the Administrator 

25 shall— 
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1 (A) coordinate with interested parties to 

2 deploy TSA-approved ready-to-market private 

3 sector solutions that meet the TSA PreCheck 

4 application enrollment standards described in 

5 paragraph (1), make available additional 

6 PreCheck enrollment capabilities, and offer se7 cure online and mobile enrollment opportuni8 ties; 

9 (B) partner with the private sector to col10 lect biographic and biometric identification in11 formation via kiosks, mobile devices, or other 

12 mobile enrollment platforms to reduce the num13 ber of instances in which passengers need to 

14 travel to enrollment centers; 

15 (C) ensure that the kiosks, mobile devices, 

16 or other mobile enrollment platforms referred to 

17 in subparagraph (E) are secure and not vulner18 able to data breaches; 

19 (D) ensure that any biometric and bio20 graphic information is collected in a manner 

21 which is comparable with the National Institute 

22 of Standards and Technology standards and en23 sures privacy and data security protections, in24 cluding that applicants’ personally identifiable 

25 information is collected, retained, used, and 
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1 shared in a manner consistent with section 

2 552a of title 5, United States Code (commonly 

3 known as the ‘‘Privacy Act of 1974’’), and 

4 agency regulations; 

5 (E) ensure that an individual who wants to 

6 enroll in the PreCheck program and has started 

7 an application with a single identification 

8 verification at one location will be able to save 

9 such individual’s application on any kiosk, per10 sonal computer, mobile device, or other mobile 

11 enrollment platform and be able to return with12 in a reasonable time to submit a second identi13 fication verification; and 

14 (F) ensure that any enrollment expansion 

15 using a private sector risk assessment instead 

16 of a fingerprint-based criminal history records 

17 check is determined, by the Secretary of Home18 land Security, to be equivalent to a fingerprint19 based criminal history records check conducted 

20 through the Federal Bureau of Investigation. 

21 (3) MARKETING OF PRECHECK PROGRAM.— 

22 Upon publication of PreCheck program application 

23 enrollment standards pursuant to paragraph (1), the 

24 Administrator shall— 
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1 (A) in accordance with such standards, de2 velop and implement— 

3 (i) a process, including an associated 

4 timeframe, for approving private sector 

5 marketing of the TSA PreCheck program; 

6 and 

7 (ii) a strategy for partnering with the 

8 private sector to encourage enrollment in 

9 such program; and 

10 (B) submit to Congress a report on any 

11 PreCheck fees collected in excess of the costs of 

12 administering such program, including rec13 ommendations for using such amounts to sup14 port marketing of such program under this sub15 section. 

16 (4) IDENTITY VERIFICATION ENHANCEMENT.— 

17 Not later than 90 days after the date of the enact18 ment of this Act, the Administrator shall— 

19 (A) coordinate with the heads of appro20 priate components of the Department to lever21 age Department-held data and technologies to 

22 verify the citizenship of individuals enrolling in 

23 the TSA PreCheck program; and 

24 (B) partner with the private sector to use 

25 advanced biometrics and standards comparable 
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1 with National Institute of Standards and Tech2 nology standards to facilitate enrollment in 

3 such program. 

4 (5) PRECHECK LANE OPERATION.—The Admin5 istrator shall— 

6 (A) ensure that TSA PreCheck screening 

7 lanes are open and available during peak and 

8 high-volume travel times at airports to individ9 uals enrolled in the PreCheck program; and 

10 (B) make every practicable effort to pro11 vide expedited screening at standard screening 

12 lanes during times when PreCheck screening 

13 lanes are closed to individuals enrolled in such 

14 program in order to maintain operational effi15 ciency. 

16 (6) VETTING FOR PRECHECK PARTICIPANTS.— 

17 Not later than 90 days after the date of the enact18 ment of this Act, the Administrator shall initiate an 

19 assessment of the security vulnerabilities in the vet20 ting process for the PreCheck program that includes 

21 an evaluation of whether subjecting PreCheck par22 ticipants to recurrent fingerprint-based criminal his23 tory records checks, in addition to recurrent checks 

24 against the terrorist watchlist, could be done in a 
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1 cost-effective manner to strengthen the security of 

2 the PreCheck program. 

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

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, the Administrator shall con7 duct a pilot project to establish a secure, automated, bio8 metric-based system at airports to verify the identity of 

9 passengers who are members of TSA PreCheck. Such sys10 tem shall— 

11 (1) reduce the need for security screening per12 sonnel to perform travel document verification for 

13 individuals 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, 

6 United 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 fol10 lowing new subsection: 

11 ‘‘(c) ESTABLISHMENT OF SCREENING SYSTEM FOR

12 CERTAIN PASSENGERS.—Not later than December 31, 

13 2017, in accordance with the requirements of the Trans14 portation Security Administration Reform and Improve15 ment Act of 2015, the Administrator of the Transpor16 tation Security Administration shall establish a secure, 

17 automated system at all large hub airports for verifying 

18 travel and identity documents of passengers who are not 

19 members of the Administration’s risk-based aviation pas20 senger screening program, known as ‘TSA PreCheck’. 

21 Such system shall— 

22 ‘‘(1) assess the need for security screening per23 sonnel to perform travel document verification for 

24 such passengers, thereby assessing the overall num25 ber 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 

4 Administration; 

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 check16 point 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 

21 a participant in another trusted or registered trav22 eler program of the Department. 

23 (2) A passenger traveling pursuant to section 

24 44903 of title 49, United States Code (as estab25 lished under the Risk-Based Security for Members 
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1 of the Armed Forces Act (Public Law 112–86)), sec2 tion 44927 of such title (as established under the 

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

4 section 44928 of such title (as established under the 

5 Honor 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 

9 designated by the Administrator as known and low10 risk and who may be issued a unique, known trav11 eler number by the Administrator determining that 

12 such passenger is a member of a category of trav13 elers designated by the Administrator as known and 

14 low-risk. 

15 (b) PRECHECK OPERATIONS MAINTAINED.—In car16 rying out subsection (a), the Administrator shall ensure 

17 that expedited airport security screening remains available 

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

19 before the date of the enactment of this Act. 

20 (c) FREQUENT FLIERS.—If the Administrator deter21 mines that such is appropriate, the implementation of sub22 section (a) may be delayed by up to 1 year with respect 

23 to the population of passengers who did not voluntarily 

24 submit biographic and biometric information for security 

25 risk assessments but who nevertheless receive expedited 
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1 airport security screening because such passengers are 

2 designated as frequent fliers by air carriers. If the Admin3 istrator uses the authority provided by this subsection, the 

4 Administrator shall notify the Committee on Homeland 

5 Security of the House of Representatives and the Com6 mittee on Homeland Security and Governmental Affairs 

7 and the Committee on Commerce, Science, and Transpor8 tation of the Senate of such phased-in implementation. 

9 (d) ALTERNATE METHODS.—The Administrator may 

10 provide access to expedited airport security screening to 

11 additional passengers pursuant to an alternate method 

12 upon the submission to the Committee on Homeland Secu13 rity of the House of Representatives and the Committee 

14 on Commerce, Science, and Transportation of the Senate 

15 of an independent assessment of the security effectiveness 

16 of such alternate method that is conducted by an inde17 pendent entity that determines that such alternate method 

18 is designed to— 

19 (1) reliably and effectively identify passengers 

20 who likely pose a low risk to the United States avia21 tion system; 

22 (2) mitigate the likelihood that a passenger who 

23 may pose a security threat to the United States 

24 aviation system is selected for expedited security 

25 screening; and 
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1 (3) address known and evolving security risks 

2 to the United States aviation system. 

3 (e) INFORMATION SHARING.—The Administrator 

4 shall provide to the entity conducting the independent as5 sessment under subsection (d) effectiveness testing results 

6 that are consistent with established evaluation design 

7 practices, as identified by the Comptroller General of the 

8 United States. 

9 (f) REPORTING.—Not later than 3 months after the 

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

11 the Administrator shall report to the Committee on Home12 land Security of the House of Representatives and the 

13 Committee on Commerce, Science, and Transportation of 

14 the Senate on the percentage of all passengers who are 

15 provided expedited security screening, and of such pas16 sengers so provided, the percentage who are participants 

17 in the PreCheck program (who have voluntarily submitted 

18 biographic and biometric information for security risk as19 sessments), the percentage who are participants in an20 other trusted traveler program of the Department, the 

21 percentage who are participants in the PreCheck program 

22 due to the Administrator’s issuance of known traveler 

23 numbers, and for the remaining percentage of passengers 

24 granted access to expedited security screening in 

25 PreCheck security lanes, information on the percentages 
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1 attributable to each alternative method utilized by the Ad2 ministration to direct passengers to expedited airport se3 curity screening at PreCheck security lanes. 

4 (g) RULE OF CONSTRUCTION.—Nothing in this sec5 tion may be construed to— 

6 (1) authorize or direct the Administrator to re7 duce or limit the availability of expedited security 

8 screening at an airport; or 

9 (2) limit the authority of the Administrator to 

10 use technologies and systems, including passenger 

11 screening canines and explosives trace detection, as 

12 a part of security screening operations. 

13 SEC. 104. SECURE FLIGHT PROGRAM. 

14 Not later than 90 days after the date of the enact15 ment of this Act, the Administrator shall— 

16 (1) develop a process for regularly evaluating 

17 the root causes of screening errors at checkpoints 

18 across airports so that corrective measures are able 

19 to be identified; 

20 (2) implement such corrective measures to ad21 dress the root causes of such screening errors occur22 ring at the checkpoint; 

23 (3) develop additional measures to address key 

24 performance aspects related to the Secure Flight 

25 program goals and ensure that such measures clear-
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1 ly 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 man7 agers with timely and reliable information; 

8 (5) provide job-specific privacy refresher train9 ing for Secure Flight program staff to further pro10 tect personally identifiable information in the Secure 

11 Flight system program; and 

12 (6) develop a mechanism to comprehensively 

13 document and track key Secure Flight program pri14 vacy issues and decisions to ensure the Secure 

15 Flight program has complete information for effec16 tive oversight 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, agen21 cy-wide efficiency review of the Administration to identify 

22 spending reductions and administrative savings through 

23 the streamlining and any necessary restructuring of agen24 cy divisions to make the Administration more efficient. In 
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1 carrying out the review under this section, the Adminis2 trator 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 

12 under subsection (a), the Administrator shall submit to 

13 the Committee on Homeland Security of the House of 

14 Representatives and the Committee on Homeland Security 

15 and Governmental Affairs and the Committee on Com16 merce, Science, and Transportation of the Senate a report 

17 that specifies the results and cost savings expected to be 

18 achieved through such efficiency review. Such report shall 

19 also include information relating to how the Administra20 tion may use efficiencies identified through such efficiency 

21 review to provide funding to reimburse airports that in22 curred eligible 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 

4 to donate security screening equipment to a foreign last5 point-of-departure airport operator if such equipment can 

6 be reasonably expected to mitigate a specific vulnerability 

7 to the security of the United States or United States citi8 zens. 

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

10 before any donation of equipment under this section, the 

11 Administrator shall provide to the Committee on Home12 land Security of the House of Representatives and the 

13 Committee on Homeland Security and Governmental Af14 fairs and the Committee on Commerce, Science, and 

15 Transportation of the Senate a detailed written expla16 nation of— 

17 (1) the specific vulnerability to the United 

18 States that will be mitigated with such donation; 

19 (2) an explanation as to why the recipient is 

20 unable or unwilling to purchase equipment to miti21 gate such threat; 

22 (3) an evacuation plan for sensitive technologies 

23 in case of emergency or instability in the country to 

24 which such donation is being made; 

25 (4) how the Administration will ensure the 

26 equipment that is being donated is used and main-
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1 tained over the course of its life by the recipient; 

2 and 

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

4 SEC. 107. REVIEW OF SUSTAINED SECURITY DIRECTIVES. 

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

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

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

8 than 1 year, the Administrator shall review the necessity 

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

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

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

12 shall brief the Committee on Homeland Security of the 

13 House of Representatives and the Committee on Home14 land Security and Governmental Affairs and the Com15 mittee on Commerce, Science, and Transportation of the 

16 Senate on— 

17 (1) any changes being made to existing security 

18 directives as a result of each such review; 

19 (2) the specific threat that is being mitigated 

20 by any such directive that will remain in effect; and 

21 (3) the planned disposition of any such direc22 tive. 
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1 SEC. 108. MAINTENANCE OF SECURITY-RELATED TECH2 NOLOGY. 

3 (a) IN GENERAL.—Title XVI of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 561 et seq.) is amended by 

5 adding at the end the following: 

6 ‘‘Subtitle C—Maintenance of 

7 Security-Related Technology 

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

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

10 the date of the enactment of this subtitle, the Adminis11 trator shall develop and implement a preventive mainte12 nance validation process for security-related technology 

13 deployed to airports. 

14 ‘‘(b) MAINTENANCE BY ADMINISTRATION PER15 SONNEL AT AIRPORTS.—For maintenance to be carried 

16 out by Administration personnel at airports, the process 

17 referred to in subsection (a) shall include the following: 

18 ‘‘(1) Guidance to Administration personnel, 

19 equipment maintenance technicians, and other per20 sonnel at airports specifying how to conduct and 

21 document preventive maintenance actions. 

22 ‘‘(2) Mechanisms for the Administrator to 

23 verify compliance with the guidance issued pursuant 

24 to paragraph (1). 

25 ‘‘(c) MAINTENANCE BY CONTRACTORS AT AIR26 PORTS.—For maintenance to be carried out by a con-
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1 tractor at airports, the process referred to in subsection 

2 (a) shall require the following: 

3 ‘‘(1) Provision of monthly preventive mainte4 nance schedules to appropriate Administration per5 sonnel at each airport that includes information on 

6 each action to be completed by a contractor. 

7 ‘‘(2) Notification to appropriate Administration 

8 personnel at each airport when maintenance action 

9 is completed by a contractor. 

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

11 third party of contractor maintenance. 

12 ‘‘(d) PENALTIES FOR NONCOMPLIANCE.—The Ad13 ministrator shall require maintenance contracts for secu14 rity-related technology deployed to airports to include pen15 alties for noncompliance when it is determined that either 

16 preventive or corrective maintenance has not been com17 pleted according to contractual requirements and manu18 facturers’ specifications.’’. 

19 (b) INSPECTOR GENERAL ASSESSMENT.—Not later 

20 than 1 year after the date of the enactment of this Act, 

21 the Inspector General of the Department of Homeland Se22 curity shall assess implementation of the requirements 

23 under section 1621 of the Homeland Security Act of 2002 

24 (as added by subsection (a) of this section), and provide 

25 findings and recommendations with respect to the provi-
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1 sion of training to Administration personnel, equipment 

2 maintenance technicians, and other personnel under such 

3 section 1621 and the availability and utilization of equip4 ment maintenance technicians employed by the Adminis5 tration. 

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

7 of the Homeland Security Act of 2002 is amended by in8 serting after the item relating to section 1616 the fol9 lowing: 

‘‘Subtitle C—Maintenance of Security-Related Technology 

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

10 SEC. 109. VETTING OF AVIATION WORKERS. 

11 (a) IN GENERAL.—Subtitle A of title XVI of the 

12 Homeland Security Act of 2002 (6 U.S.C. 561 et seq.) 

13 is amended by adding after section 1601 the following new 

14 section: 

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

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

17 2015, the Administrator, in coordination with the Assist18 ant Secretary for Policy of the Department, shall request 

19 from the Director of National Intelligence access to addi20 tional data from the Terrorist Identities Datamart Envi21 ronment (TIDE) data and any or other terrorism-related 

22 information to improve the effectiveness of the Adminis23 tration’s credential vetting program for individuals with 

24 unescorted access to sensitive areas of airports. 
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1 ‘‘(b) SECURITY INSPECTION.—By not later than De2 cember 31, 2015, the Administrator shall issue guidance 

3 for Transportation Security Inspectors to annually review 

4 airport badging office procedures for applicants seeking 

5 access to sensitive areas of airports. Such guidance shall 

6 include a comprehensive review of applicants’ Criminal 

7 History Records Check (CHRC) and work authorization 

8 documentation during the course of an inspection. 

9 ‘‘(c) INFORMATION SHARING.—By not later than De10 cember 31, 2015, the Administrator may conduct a pilot 

11 program of the Rap Back Service, in coordination with 

12 the Director of the Federal Bureau of Investigation, to 

13 determine the feasibility of full implementation of a service 

14 through which the Administrator would be notified of a 

15 change in status of an individual holding a valid credential 

16 granting unescorted access to sensitive areas of airports 

17 across eligible Administration-regulated populations. 

18 ‘‘(d) PROCEDURES.—The pilot program under sub19 section (c) shall evaluate whether information can be nar20 rowly tailored to ensure that the Administrator only re21 ceives notification of a change with respect to a disquali22 fying offense under the credential vetting program under 

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

24 a manner that complies with current regulations for fin25 gerprint-based criminal history records checks. The pilot 
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1 program shall be carried out in a manner so as to ensure 

2 that, in the event that notification is made through the 

3 Rap Back Service of a change but a determination of ar4 rest status or conviction is in question, the matter will be 

5 handled in a manner that is consistent with current regu6 lations. The pilot program shall also be carried out in a 

7 manner that is consistent with current regulations gov8 erning an investigation of arrest status, correction of Fed9 eral Bureau of Investigation records and notification of 

10 disqualification, and corrective action by the individual 

11 who is the subject of an inquiry. 

12 ‘‘(e) DETERMINATION AND SUBMISSION.—If the Ad13 ministrator determines that full implementation of the 

14 Rap Back Service is feasible and can be carried out in 

15 a manner that is consistent with current regulations for 

16 fingerprint-based criminal history checks, including the 

17 rights of individuals seeking credentials, the Administrator 

18 shall submit such determination, in writing, to the Com19 mittee on Homeland Security of the House of Representa20 tives and the Committee on Homeland Security and Gov21 ernmental Affairs and the Committee on Commerce, 

22 Science, and Transportation of the Senate, together with 

23 information on the costs associated with such implementa24 tion, including the costs incurred by the private sector. 

25 In preparing this determination, the Administrator shall 
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1 consult with the Chief Civil Rights and Civil Liberties Of2 ficer of the Department to ensure that protocols are in 

3 place to align the period of retention of personally identifi4 able information and biometric information, including fin5 gerprints, in the Rap Back Service with the period in 

6 which the individual who is the subject of an inquiry has 

7 a valid credential. 

8 ‘‘(f) CREDENTIAL SECURITY.—By not later than 

9 September 30, 2015, the Administrator shall issue guid10 ance to airports mandating that all federalized airport 

11 badging authorities place an expiration date on airport 

12 credentials commensurate with the period of time during 

13 which an individual is lawfully authorized to work in the 

14 United States. 

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

16 later than December 31, 2015, the Administrator shall re17 view the denial of credentials due to issues associated with 

18 determining an applicant’s lawful status in order to iden19 tify airports with specific weaknesses and shall coordinate 

20 with such airports to mutually address such weaknesses, 

21 as appropriate. 

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

23 the determinations and reviews required under this sec24 tion, the Administrator shall brief the Committee on 

25 Homeland Security and the Committee on Transportation 
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1 and Infrastructure 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 on the results of such deter5 minations and reviews.’’. 

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

7 of the Homeland Security Act of 2002 is amended by in8 serting after the item relating to section 1601 the fol9 lowing new item: 

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

10 (c) STATUS UPDATE ON RAP BACK SERVICE PILOT

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

12 enactment of this Act, the Administrator of the Transpor13 tation Security Administration shall submit to the Com14 mittee on Homeland Security of the House of Representa15 tives and the Committee on Homeland Security and Gov16 ernmental Affairs and the Committee on Commerce, 

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

18 status of plans to conduct a pilot program in coordination 

19 with the Federal Bureau of Investigation of the Rap Back 

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

21 of the Homeland Security Act of 2002, as added by sub22 section (a) of this section. The report shall include details 

23 on the business, technical, and resource requirements for 

24 the Transportation Security Administration and pilot pro-
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1 gram participants, and provide a timeline and goals for 

2 the pilot program. 

3 SEC. 110. AVIATION SECURITY ADVISORY COMMITTEE CON4 SULTATION. 

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

6 to the extent practicable, with the Aviation Security Advi7 sory Committee (established pursuant to section 44946 of 

8 title 49 of the United States Code) regarding any modi9 fication to the prohibited item list prior to issuing a deter10 mination about any such modification. 

11 (b) REPORT ON THE TRANSPORTATION SECURITY

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

13 date of the enactment of this Act, the Secretary of Home14 land Security shall submit to the Transportation Security 

15 Oversight Board (established pursuant to section 115 of 

16 title 49, United States Code), the Committee on Home17 land Security of the House of Representatives, and the 

18 Committee on Homeland Security and Governmental Af19 fairs and the Committee on Commerce, Science, and 

20 Transportation of the Senate a report that includes gen21 eral information on how often the Board has met, the cur22 rent composition of the Board, and what activities the 

23 Board has undertaken, consistent with the duties specified 

24 in subsection (c) of such section. The Secretary may in25 clude in such report recommendations for changes to such 
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1 section in consideration of the provisions of section 44946 

2 of title 49, United States Code. 

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

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

5 amended to read as follows: 

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

7 of the Advisory Committee shall be 2 years but 

8 may continue until such time as a successor 

9 member begins serving on the Advisory Com10 mittee. A member of the Advisory Committee 

11 may be reappointed.’’. 

12 (d) DEFINITION.—In this section, the term ‘‘prohib13 ited item list’’ means the list of items passengers are pro14 hibited from carrying as accessible property or on their 

15 persons through passenger screening checkpoints at air16 ports, into sterile areas at airports, and on board pas17 senger aircraft, pursuant to section 1540.111 of title 49, 

18 Code of Federal Regulations (as in effect on January 1, 

19 2015). 

20 SEC. 111. PRIVATE CONTRACTOR CANINE EVALUATION 

21 AND INTEGRATION PILOT PROGRAM. 

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

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

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

25 and integration of privately-operated explosives detection 
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1 canine teams using both the passenger screening canine 

2 and traditional explosives detection canine methods. 

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

4 (a) shall include the following elements: 

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

6 two Category I, and one Category II airports. 

7 (2) A duration of at least 12 months from the 

8 time private contractor teams are operating at full 

9 capacity. 

10 (3) A methodology for evaluating how to inte11 grate private contractor teams into the checkpoint 

12 area to detect explosive devices missed by mechan13 ical or human error at other points in the screening 

14 process. 

15 (4) Covert testing with inert improvised explo16 sive devices and accurately recreated explosives odor 

17 traces to determine the relative effectiveness of a 

18 full-time canine team in strengthening checkpoint 

19 security. 

20 (c) QUARTERLY UPDATES.—The Administrator shall 

21 submit to the Committee on Homeland Security of the 

22 House of Representatives and the Committee on Home23 land Security and Governmental Affairs of the Senate 

24 written updates on the procurement, deployment, and 

25 evaluation process related to the implementation of the 
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1 pilot program under subsection (a) for every calendar 

2 quarter after the date of the enactment of this Act. 

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

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

5 the Administrator shall submit to the Committee on 

6 Homeland Security of the House of Representatives and 

7 the Committee on Homeland Security and Governmental 

8 Affairs of the Senate a final report on such pilot program. 

9 (e) FUNDING.—Out of funds made available to the 

10 Office of the Secretary of Homeland Security, $6,000,000 

11 is authorized to be used to carry out this section. 

12 SEC. 112. COVERT TESTING AT AIRPORTS. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of the enactment of this Act and annually thereafter 

15 through 2020, the Administrator shall conduct covert test16 ing on an ongoing basis to test vulnerabilities and identify 

17 weaknesses in the measures used to secure the aviation 

18 system of the United States. The Administrator shall, on 

19 a quarterly basis if practicable, provide to the Inspector 

20 General of the Department such testing results, method21 ology, and data. 

22 (b) ELEMENTS.—In carrying out the covert testing 

23 required under subsection (a), the Administrator shall— 

24 (1) consider security screening and procedures 

25 conducted by TSA; 
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1 (2) use available threat information and intel2 ligence to determine the types and sizes of simulated 

3 threat items and threat item-body location configu4 rations for such covert testing; 

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

6 location and number of such covert testing; 

7 (4) conduct such covert testing without noti8 fying personnel at airports prior to such covert test9 ing; and 

10 (5) identify reasons for failure when TSA per11 sonnel or the screening equipment used do not iden12 tify and resolve any threat item used during such a 

13 covert test. 

14 (c) INDEPENDENT REVIEW.—The Inspector General 

15 of the Department shall conduct covert testing of the avia16 tion system of the United States in addition to the covert 

17 testing conducted by the Administrator under subsection 

18 (a), as appropriate, and analyze TSA covert testing re19 sults, methodology, and data provided pursuant to such 

20 subsection to determine the sufficiency of TSA covert test21 ing protocols. The Inspector General shall, as appropriate, 

22 compare testing results of any additional covert testing 

23 conducted pursuant to this subsection with the results of 

24 TSA covert testing under subsection (a) to determine sys-
33 

•HR 3584 EH

1 temic weaknesses in the security of the aviation system 

2 of the United States. 

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

4 upon completion of any covert testing under subsection 

5 (a), the Administrator shall make recommendations and 

6 implement corrective actions to mitigate vulnerabilities 

7 identified by such covert testing and shall notify the In8 spector General of the Department of such recommenda9 tions and actions. The Inspector General shall review the 

10 extent to which such recommendations and actions are im11 plemented and the degree to which such recommendations 

12 and actions improve the security of the aviation system 

13 of the United States. 

14 (e) CONGRESSIONAL NOTIFICATION.— 

15 (1) BY THE ADMINISTRATOR.—Not later than 

16 30 days upon completion of any covert testing under 

17 subsection (a), the Administrator shall brief the 

18 Committee on Homeland Security of the House of 

19 Representatives and the Committee on Homeland 

20 Security and Governmental Affairs and the Com21 mittee on Commerce, Science, and Transportation of 

22 the Senate on the results of such covert testing. 

23 (2) BY THE INSPECTOR GENERAL OF THE DE24 PARTMENT.—The Inspector General shall brief the 

25 Committee on Homeland Security of the House of 
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1 Representatives and the Committee on Homeland 

2 Security and Governmental Affairs and the Com3 mittee on Commerce, Science, and Transportation of 

4 the Senate annually on the requirements specified in 

5 this section. 

6 (f) RULE OF CONSTRUCTION.—Nothing in this sec7 tion may be construed to prohibit the Administrator or 

8 the Inspector General of the Department from conducting 

9 covert testing of the aviation system of the United States 

10 with greater frequency than required under this section. 

11 SEC. 113. TRAINING FOR TRANSPORTATION SECURITY OF12 FICERS. 

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

14 Committee on Homeland Security of the House of Rep15 resentatives and the Committee on Homeland Security 

16 and Governmental Affairs and the Committee on Com17 merce, Science, and Transportation of the Senate on the 

18 status of efforts to enhance initial and recurrent training 

19 of Transportation Security Officers. 
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1 TITLE II—SURFACE TRANSPOR2 TATION SECURITY AND 

3 OTHER MATTERS 

4 SEC. 201. SURFACE TRANSPORTATION INSPECTORS. 

5 (a) IN GENERAL.—Section 1304(d) of the Imple6 menting Recommendations of the 9/11 Commission Act of 

7 2007 (6 U.S.C. 1113; Public Law 110–53) is amended— 

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

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

10 (b) REPORT TO CONGRESS.—Not later than 1 year 

11 after the date of the enactment of this Act, the Comp12 troller General of the United States shall submit to the 

13 Committee on Homeland Security of the House of Rep14 resentatives and the Committee on Homeland Security 

15 and Governmental Affairs and the Committee on Com16 merce, Science, and Transportation of the Senate a report 

17 on the efficiency and effectiveness of the Administration’s 

18 Surface Transportation Security Inspectors Program 

19 under subsection (d) of section 1304 of the Implementing 

20 Recommendations of the 9/11 Commission Act of 2007 (6 

21 U.S.C. 1113; Public Law 110–53). 

22 (c) CONTENTS.—The report required under sub23 section (b) shall include a review of the following: 

24 (1) The roles and responsibilities of surface 

25 transportation security inspectors. 
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1 (2) The extent to which the TSA has used a 

2 risk-based, strategic approach to determine the ap3 propriate number of surface transportation security 

4 inspectors and resource allocation across field of5 fices. 

6 (3) Whether TSA’s surface transportation regu7 lations are risk-based and whether surface transpor8 tation security inspectors have adequate experience 

9 and training to perform their day-to-day responsibil10 ities. 

11 (4) Feedback from regulated surface transpor12 tation industry stakeholders on the benefit of surface 

13 transportation security inspectors to the overall se14 curity of the surface transportation systems of such 

15 stakeholders and the consistency of regulatory en16 forcement. 

17 (5) Whether surface transportation security in18 spectors have appropriate qualifications to help se19 cure and inspect surface transportation systems. 

20 (6) Whether TSA measures the effectiveness of 

21 surface transportation security inspectors. 

22 (7) Any overlap between the TSA and the De23 partment of Transportation as such relates to sur24 face transportation security inspectors in accordance 

25 with section 1310 of the Implementing Rec-
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•HR 3584 EH

1 ommendations of the 9/11 Commission Act of 2007 

2 (6 U.S.C. 1117; Public Law 110–53). 

3 (8) The extent to which surface transportation 

4 security inspectors review and enhance information 

5 security practices and enforce applicable information 

6 security regulations and directives. 

7 (9) Any recommendations relating to the effi8 ciency and effectiveness of the TSA’s surface trans9 portation security inspectors program. 

10 SEC. 202. INSPECTOR GENERAL AUDIT; TSA OFFICE OF IN11 SPECTION WORKFORCE CERTIFICATION. 

12 (a) INSPECTOR GENERAL AUDIT.— 

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

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

15 General of the Department shall analyze the data 

16 and methods that the Administrator uses to identify 

17 Office of Inspection employees of the Administration 

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

19 8401(17), and 5545a of title 5, United States Code, 

20 and provide the relevant findings to the Adminis21 trator, including a finding on whether such data and 

22 methods are adequate and valid. 

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

24 General of the Department finds that the data and 

25 methods referred to in paragraph (1) are inadequate 
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1 or invalid, the Administrator may not hire any new 

2 employee to work in the Office of Inspection of the 

3 Administration until— 

4 (A) the Administrator makes a certifi5 cation described in subsection (b)(1) to the 

6 Committee on Homeland Security of the House 

7 of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs 

9 and the Committee on Commerce, Science, and 

10 Transportation of the Senate; and 

11 (B) the Inspector General submits to such 

12 Committees a finding, not later than 30 days 

13 after the Administrator makes such certifi14 cation, that the Administrator utilized adequate 

15 and valid data and methods to make such cer16 tification. 

17 (b) TSA OFFICE OF INSPECTION WORKFORCE CER18 TIFICATION.— 

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

20 not later than 90 days after the date the Inspector 

21 General of the Department provides its findings to 

22 the Assistant Secretary under subsection (a)(1), doc23 ument and certify in writing to the Committee on 

24 Homeland Security of the House of Representatives 

25 and the Committee on Homeland Security and Gov-
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•HR 3584 EH

1 ernmental Affairs and the Committee on Commerce, 

2 Science, and Transportation of the Senate that only 

3 those Office of Inspection employees of the Adminis4 tration who meet the requirements of sections 

5 8331(20), 8401(17), and 5545a of title 5, United 

6 States Code, are classified as criminal investigators 

7 and are receiving premium pay and other benefits 

8 associated with such classification. 

9 (2) EMPLOYEE RECLASSIFICATION.—The Ad10 ministrator shall reclassify criminal investigator po11 sitions in the Office of Inspection of the Administra12 tion as noncriminal investigator positions or non-law 

13 enforcement positions if the individuals in such posi14 tions do not, or are not expected to, spend an aver15 age of at least 50 percent of their time performing 

16 criminal investigative duties. 

17 (3) PROJECTED COST SAVINGS.— 

18 (A) IN GENERAL.—The Administrator 

19 shall estimate the total long-term cost savings 

20 to the Federal Government resulting from the 

21 implementation of paragraph (2), and provide 

22 such estimate to the Committee on Homeland 

23 Security of the House of Representatives and 

24 the Committee on Homeland Security and Gov25 ernmental Affairs and the Committee on Com-
40 

•HR 3584 EH

1 merce, Science, and Transportation of the Sen2 ate by not later than 180 days after the date 

3 of enactment of this Act. 

4 (B) CONTENTS.—The estimate described 

5 in subparagraph (A) shall identify savings asso6 ciated with the positions reclassified under 

7 paragraph (2) and include, among other factors 

8 the Administrator considers appropriate, sav9 ings from— 

10 (i) law enforcement training; 

11 (ii) early retirement benefits; 

12 (iii) law enforcement availability and 

13 other premium pay; and 

14 (iv) weapons, vehicles, and commu15 nications devices. 

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

17 that the Administrator submits the certification under 

18 subsection (b)(1), the Inspector General of the Depart19 ment shall submit to the Committee on Homeland Secu20 rity of the House of Representatives and the Committee 

21 on Homeland Security and Governmental Affairs and the 

22 Committee on Commerce, Science, and Transportation of 

23 the Senate a study— 

24 (1) reviewing the employee requirements, re25 sponsibilities, and benefits of criminal investigators 
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1 in the Office of Inspection of the Administration 

2 with criminal investigators employed at agencies ad3 hering to the Office of Personnel Management em4 ployee classification system; and 

5 (2) identifying any inconsistencies and costs im6 plications for differences between the varying em7 ployee requirements, responsibilities, and benefits. 

8 SEC. 203. REPEAL OF BIENNIAL REPORTING REQUIREMENT 

9 FOR THE GOVERNMENT ACCOUNTABILITY 

10 OFFICE RELATING TO THE TRANSPORTATION 

11 SECURITY INFORMATION SHARING PLAN. 

12 Subsection (u) of section 114 of title 49, United 

13 States Code, is amended by— 

14 (1) striking paragraph (7); and 

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

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

17 SEC. 204. SECURITY TRAINING FOR FRONTLINE TRANSPOR18 TATION WORKERS. 

19 Not later than 90 days after the date of the enact20 ment of the Act, the Administrator shall submit to the 

21 Committee on Homeland Security of the House of Rep22 resentatives and the Committee on Homeland Security 

23 and Governmental Affairs and the Committee on Com24 merce, Science, and Transportation of the Senate a report 

25 regarding the status of the implementation of sections 
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1 1408 (6 U.S.C. 1137) and 1534 (6 U.S.C. 1184) of the 

2 Implementing Recommendations of the 9/11 Commission 

3 Act of 2007 (Public Law 110–53). The Administrator 

4 shall include in such report specific information on the 

5 challenges that the Administrator has encountered since 

6 the date of the enactment of the Implementing Rec7 ommendations of the 9/11 Commission Act of 2007 with 

8 respect to establishing regulations requiring the provision 

9 of basic security training to public transportation frontline 

10 employees and over-the-road bus frontline employees for 

11 preparedness for potential security threats and conditions. 

12 SEC. 205. FEASIBILITY ASSESSMENT. 

13 Not later than 120 days after the date of the enact14 ment of this Act, the Administrator shall submit to the 

15 Committee on Homeland Security of the House of Rep16 resentatives and the Committee on Homeland Security 

17 and Governmental Affairs and the Committee on Com18 merce, Science, and Transportation of the Senate a feasi19 bility assessment of partnering with an independent, not20 for-profit organization to help provide venture capital to 

21 businesses, particularly small businesses, for commer22 cialization of innovative homeland security technologies 

23 that are expected to be ready for commercialization in the 

24 near term and within 36 months. In conducting such feasi-
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1 bility assessment, the Administrator shall consider the fol2 lowing: 

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

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

5 venture capital partnership between the private sec6 tor and the intelligence community (as such term is 

7 defined in section 3(4) of the National Security Act 

8 of 1947 (50 U.S.C. 3003(4)), to help businesses, 

9 particularly small businesses, commercialize innova10 tive security-related technologies. 

11 (2) Enhanced engagement, either through the 

12 Science and Technology Directorate of the Depart13 ment of Homeland Security or directly, with the In14 Q-tel program described in paragraph (1). 

Passed the House of Representatives February 23, 

2016. 

Attest: 

Clerk. 
114TH CONGRESS 

2D SESSION H. R. 3584 

AN ACT 

To authorize, streamline, and identify efficiencies 

tion, and for other purposes. within the Transportation Security Administra-