I 

114TH CONGRESS 

1ST SESSION H. R. 3584 

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 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

8 this Act is as follows: 

Sec. 1. Short title; Table of contents. 

Sec. 2. Definitions. 


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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. 

TITLE II—SURFACE TRANSPORTATION SECURITY 

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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATION; TSA.—The terms ‘‘Ad4 ministration’’ and ‘‘TSA’’ mean the Transportation 

5 Security Administration. 

6 (2) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Transpor8 tation Security Administration. 

9 (3) INTELLIGENCE COMMUNITY.—The term 

10 ‘‘intelligence community’’ has the meaning given 

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

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

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

14 means the Department of Homeland Security. 


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

2 Flight’’ means the Administration’s watchlist match3 ing program. 

4 TITLE I—AVIATION SECURITY 

5 SEC. 101. TSA PRECHECK. 

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

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

8 shall— 

9 (1) ensure that all screening of passengers and 

10 their accessible property shall be conducted in a 

11 risk-based, intelligence-driven manner with consider12 ation given to the privacy and civil liberties of such 

13 passengers; and 

14 (2) operate a trusted passenger screening pro15 gram known as ‘‘TSA PreCheck’’ that provides ex16 pedited screening for low-risk passengers and their 

17 accessible property based on a comprehensive and 

18 continuous analysis of factors specified in subsection 

19 (b). 

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

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

22 (1) Whether passengers described in such sub23 section are members of other trusted traveler pro24 grams of the Department. 


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1 (2) Whether such passengers are traveling pur2 suant to subsection (m) of section 44903 of title 49, 

3 United States Code (as established under the Risk4 Based Security for Members of the Armed Forces 

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

6 title (as established under the Helping Heroes Fly 

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

8 title (as established under the Honor Flight Act 

9 (Public Law 113–221)). 

10 (3) Whether such passengers possess an active 

11 security clearance or other credential issued by the 

12 Federal Government for which TSA has conducted 

13 a written threat assessment and determined that 

14 such passengers present a low risk to transportation 

15 or national security. 

16 (4) Whether such passengers are members of a 

17 population for whom TSA has conducted a written 

18 security threat assessment, determined that such 

19 population poses a low risk to transportation or na20 tional security, and has issued such passengers a 

21 known traveler number. 

22 (5) The ability of the Administration to verify 

23 such passengers’ identity and whether such pas24 sengers pose a risk to aviation security. 


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1 (6) Threats to transportation or national secu2 rity as identified by the intelligence community and 

3 law enforcement community. 

4 (c) ENROLLMENT EXPANSION.— 

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

6 the date of the enactment of this Act, the Adminis7 trator shall publish PreCheck application enrollment 

8 standards to add multiple private sector application 

9 capabilities for the TSA PreCheck program to in10 crease the public’s enrollment access to such pro11 gram, including standards that allow the use of se12 cure technologies, including online enrollment, ki13 osks, tablets, or staffed computer stations at which 

14 individuals can apply for entry into such program. 

15 (2) REQUIREMENTS.—Upon publication of the 

16 PreCheck program application enrollment standards 

17 pursuant to paragraph (1), the Administrator 

18 shall— 

19 (A) coordinate with interested parties to 

20 deploy TSA-approved ready-to-market private 

21 sector solutions that meet the TSA PreCheck 

22 application enrollment standards described in 

23 paragraph (1), make available additional 

24 PreCheck enrollment capabilities, and offer seVerDate Sep 11 2014 05:43 Sep 25, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3584.IH H3584

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1 cure online and mobile enrollment opportuni2 ties; 

3 (B) partner with the private sector to col4 lect biographic and biometric identification in5 formation via kiosks, mobile devices, or other 

6 mobile enrollment platforms to reduce the num7 ber of instances in which passengers need to 

8 travel to enrollment centers; 

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

10 or other mobile enrollment platforms referred to 

11 in subparagraph (E) are secure and not vulner12 able to data breaches; 

13 (D) ensure that any biometric and bio14 graphic information is collected in a manner 

15 which is comparable with the National Institute 

16 of Standards and Technology standards and en17 sures privacy and data security protections, in18 cluding that applicants’ personally identifiable 

19 information is collected, retained, used, and 

20 shared in a manner consistent with section 

21 552a of title 5, United States Code (commonly 

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

23 agency regulations; 

24 (E) ensure that an individual who wants to 

25 enroll in the PreCheck program and has started 


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1 an application with a single identification 

2 verification at one location will be able to save 

3 such individual’s application on any kiosk, per4 sonal computer, mobile device, or other mobile 

5 enrollment platform and be able to return with6 in a reasonable time to submit a second identi7 fication verification; and 

8 (F) ensure that any enrollment expansion 

9 using a private sector risk assessment instead 

10 of a fingerprint-based criminal history records 

11 check is determined, by the Secretary of Home12 land Security, to be equivalent to a fingerprint13 based criminal history records check conducted 

14 through the Federal Bureau of Investigation. 

15 (3) MARKETING OF PRECHECK PROGRAM.— 

16 Upon publication of PreCheck program application 

17 enrollment standards pursuant to paragraph (1), the 

18 Administrator shall— 

19 (A) in accordance with such standards, de20 velop and implement— 

21 (i) a process, including an associated 

22 timeframe, for approving private sector 

23 marketing of the TSA PreCheck program; 

24 and 


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1 (ii) a strategy for partnering with the 

2 private sector to encourage enrollment in 

3 such program; and 

4 (B) submit to Congress a report on any 

5 PreCheck fees collected in excess of the costs of 

6 administering such program, including rec7 ommendations for using such amounts to sup8 port marketing of such program under this sub9 section. 

10 (4) IDENTITY VERIFICATION ENHANCEMENT.— 

11 Not later than 90 days after the date of the enact12 ment of this Act, the Administrator shall— 

13 (A) coordinate with the heads of appro14 priate components of the Department to lever15 age Department-held data and technologies to 

16 verify the citizenship of individuals enrolling in 

17 the TSA PreCheck program; and 

18 (B) partner with the private sector to use 

19 advanced biometrics and standards comparable 

20 with National Institute of Standards and Tech21 nology standards to facilitate enrollment in 

22 such program. 

23 (5) PRECHECK LANE OPERATION.—The Admin24 istrator shall— 


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1 (A) ensure that TSA PreCheck screening 

2 lanes are open and available during peak and 

3 high-volume travel times at airports to individ4 uals enrolled in the PreCheck program; and 

5 (B) make every practicable effort to pro6 vide expedited screening at standard screening 

7 lanes during times when PreCheck screening 

8 lanes are closed to individuals enrolled in such 

9 program in order to maintain operational effi10 ciency. 

11 (6) VETTING FOR PRECHECK PARTICIPANTS.— 

12 Not later than 90 days after the date of the enact13 ment of this Act, the Administrator shall initiate an 

14 assessment of the security vulnerabilities in the vet15 ting process for the PreCheck program that includes 

16 an evaluation of whether subjecting PreCheck par17 ticipants to recurrent fingerprint-based criminal his18 tory records checks, in addition to recurrent checks 

19 against the terrorist watchlist, could be done in a 

20 cost-effective manner to strengthen the security of 

21 the PreCheck program. 

22 SEC. 102. PRECHECK AND GENERAL PASSENGER BIOMET23 RIC IDENTIFICATION. 

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

25 date of enactment of this Act, the Administrator shall conVerDate Sep 11 2014 05:43 Sep 25, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3584.IH H3584

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1 duct a pilot project to establish a secure, automated, bio2 metric-based system at airports to verify the identity of 

3 passengers who are members of TSA PreCheck. Such sys4 tem shall— 

5 (1) reduce the need for security screening per6 sonnel to perform travel document verification for 

7 individuals enrolled in TSA PreCheck; 

8 (2) reduce the average wait time of individuals 

9 enrolled in TSA PreCheck; 

10 (3) reduce overall operating expenses of the Ad11 ministration; 

12 (4) be integrated with the Administration’s 

13 watch list and trusted traveler matching program; 

14 (5) be integrated with other checkpoint tech15 nologies to further facilitate risk-based passenger 

16 screening at the checkpoint, to the extent practicable 

17 and consistent with security standards; and 

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

19 Customs and Border Protection’s Global Entry Pro20 gram, as appropriate. 

21 (b) ESTABLISHMENT OF SCREENING SYSTEM FOR

22 CERTAIN PASSENGERS.—Section 44901 of title 49, 

23 United States Code is amended— 

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

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


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1 (2) by inserting after subsection (b) the fol2 lowing new subsection: 

3 ‘‘(c) ESTABLISHMENT OF SCREENING SYSTEM FOR

4 CERTAIN PASSENGERS.—Not later than December 31, 

5 2017, in accordance with the requirements of the Trans6 portation Security Administration Reform and Improve7 ment Act of 2015, the Administrator of the Transpor8 tation Security Administration shall establish a secure, 

9 automated system at all large hub airports for verifying 

10 travel and identity documents of passengers who are not 

11 members of the Administration’s risk-based aviation pas12 senger screening program, known as ‘TSA PreCheck’. 

13 Such system shall— 

14 ‘‘(1) assess the need for security screening per15 sonnel to perform travel document verification for 

16 such passengers, thereby reducing the overall num17 ber of such screening personnel; 

18 ‘‘(2) assess the average wait time of such pas19 sengers; 

20 ‘‘(3) assess overall operating expenses of the 

21 Administration; 

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

23 watch list matching program; and 

24 ‘‘(5) be integrated with other checkpoint tech25 nologies to further facilitate risk-based passenger 


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1 screening at the checkpoint, to the extent practicable 

2 and consistent with security standards.’’. 

3 SEC. 103. LIMITATION; PRECHECK OPERATIONS MAIN4 TAINED; ALTERNATE METHODS. 

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

6 (c), not later than 180 days after the date of the enact7 ment of this Act, the Administrator shall direct that access 

8 to expedited airport security screening at an airport secu9 rity checkpoint be limited to only the following: 

10 (1) A passenger who voluntarily submits bio11 graphic and biometric information for a security risk 

12 assessment and whose application for the PreCheck 

13 program has been approved, or a passenger who is 

14 a participant in another trusted or registered trav15 eler program of the Department. 

16 (2) A passenger traveling pursuant to section 

17 44903 of title 49, United States Code (as estab18 lished under the Risk-Based Security for Members 

19 of the Armed Forces Act (Public Law 112–86)), sec20 tion 44927 of such title (as established under the 

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

22 section 44928 of such title (as established under the 

23 Honor Flight Act (Public Law 113–221)). 

24 (3) A passenger who did not voluntarily submit 

25 biographic and biometric information for a security 


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1 risk assessment but is a member of a population 

2 designated by the Administrator as known and low3 risk and who may be issued a unique, known trav4 eler number by the Administrator determining that 

5 such passenger is a member of a category of trav6 elers designated by the Administrator as known and 

7 low-risk. 

8 (b) PRECHECK OPERATIONS MAINTAINED.—In car9 rying out subsection (a), the Administrator shall ensure 

10 that expedited airport security screening remains available 

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

12 before the date of the enactment of this Act. 

13 (c) FREQUENT FLIERS.—If the Administrator deter14 mines that such is appropriate, the date specified in sub15 section (a) may be extended by up to one year to imple16 ment such subsection with respect to the population of 

17 passengers who did not voluntarily submit biographic and 

18 biometric information for security risk assessments but 

19 who nevertheless receive expedited airport security screen20 ing because such passengers are designated as frequent 

21 fliers by air carriers. If the Administrator uses the author22 ity provided by this subsection, the Administrator shall no23 tify the Committee on Homeland Security of the House 

24 of Representatives and the Committee on Homeland Secu25 rity and Governmental Affairs and the Committee on 


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1 Commerce, Science, and Transportation of the Senate of 

2 such phased-in implementation. 

3 (d) ALTERNATE METHODS.—The Administrator may 

4 provide access to expedited airport security screening to 

5 additional passengers pursuant to an alternate method 

6 upon the submission to the Committee on Homeland Secu7 rity of the House of Representatives and the Committee 

8 on Commerce, Science, and Transportation of the Senate 

9 of an independent assessment of the security effectiveness 

10 of such alternate method that is conducted by an inde11 pendent entity that determines that such alternate method 

12 is designed to— 

13 (1) reliably and effectively identify passengers 

14 who likely pose a low risk to the United States avia15 tion system; 

16 (2) mitigate the likelihood that a passenger who 

17 may pose a security threat to the United States 

18 aviation system is selected for expedited security 

19 screening; and 

20 (3) address known and evolving security risks 

21 to the United States aviation system. 

22 (e) INFORMATION SHARING.—The Administrator 

23 shall provide to the entity conducting the independent as24 sessment under subsection (d) effectiveness testing results 

25 that are consistent with established evaluation design 


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1 practices, as identified by the Comptroller General of the 

2 United States. 

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

4 the date of the enactment of this Act and annually there5 after, the Administrator shall report to the Committee on 

6 Homeland Security of the House of Representatives and 

7 the Committee on Commerce, Science, and Transportation 

8 of the Senate on the percentage of all passengers who are 

9 provided expedited security screening, and of such pas10 sengers so provided, the percentage who are participants 

11 in the PreCheck program (who have voluntarily submitted 

12 biographic and biometric information for security risk as13 sessments), the percentage who are participants in an14 other trusted traveler program of the Department, the 

15 percentage who are participants in the PreCheck program 

16 due to the Administrator’s issuance of known traveler 

17 numbers, and for the remaining percentage of passengers 

18 granted access to expedited security screening in 

19 PreCheck security lanes, information on the percentages 

20 attributable to each alternative method utilized by the Ad21 ministration to direct passengers to expedited airport se22 curity screening at PreCheck security lanes. 

23 (g) RULE OF CONSTRUCTION.—Nothing in this sec24 tion may be construed to— 


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1 (1) authorize or direct the Administrator to re2 duce or limit the availability of expedited security 

3 screening at an airport; or 

4 (2) limit the authority of the Administrator to 

5 use technologies and systems, including passenger 

6 screening canines and explosives trace detection, as 

7 a part of security screening operations. 

8 SEC. 104. SECURE FLIGHT PROGRAM. 

9 Not later than 90 days after the date of the enact10 ment of this Act, the Administrator shall— 

11 (1) develop a process for regularly evaluating 

12 the root causes of screening errors at checkpoints 

13 across airports so that corrective measures are able 

14 to be identified; 

15 (2) implement such corrective measures to ad16 dress the root causes of such screening errors occur17 ring at the checkpoint; 

18 (3) develop additional measures to address key 

19 performance aspects related to the Secure Flight 

20 program goals and ensure that such measures clear21 ly identify activities necessary to achieve progress to22 wards such goals; 

23 (4) develop a mechanism to systematically docu24 ment the number and causes of Secure Flight pro25 gram matching errors for the purpose of improving 


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1 program performance and provide program man2 agers with timely and reliable information; 

3 (5) provide job-specific privacy refresher train4 ing for Secure Flight program staff to further pro5 tect personally identifiable information in the Secure 

6 Flight system program; and 

7 (6) develop a mechanism to comprehensively 

8 document and track key Secure Flight program pri9 vacy issues and decisions to ensure the Secure 

10 Flight program has complete information for effec11 tive oversight of its privacy controls. 

12 SEC. 105. EFFICIENCY REVIEW BY TSA. 

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

14 after the date of the enactment of this Act, the Adminis15 trator shall conduct and complete a comprehensive, agen16 cy-wide efficiency review of the Administration to identify 

17 spending reductions and administrative savings through 

18 the streamlining and any necessary restructuring of agen19 cy divisions to make the Administration more efficient. In 

20 carrying out the review under this section, the Adminis21 trator shall consider each of the following: 

22 (1) The elimination of any duplicative or over23 lapping programs and initiatives that can be stream24 lined. 


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1 (2) The elimination of any unnecessary or obso2 lete rules, regulations, directives, or procedures. 

3 (3) Any other matters the Administrator deter4 mines are appropriate. 

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

6 after the completion of the efficiency review required 

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

8 the Committee on Homeland Security of the House of 

9 Representatives and the Committee on Homeland Security 

10 and Governmental Affairs and the Committee on Com11 merce, Science, and Transportation of the Senate a report 

12 that specifies the results and cost savings expected to be 

13 achieved through such efficiency review. 

14 SEC. 106. DONATION OF SCREENING EQUIPMENT TO PRO15 TECT THE UNITED STATES. 

16 (a) IN GENERAL.—The Administrator is authorized 

17 to donate security screening equipment to a foreign last18 point-of-departure airport operator if such equipment can 

19 be reasonably expected to mitigate a specific vulnerability 

20 to the security of the United States or United States citi21 zens. 

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

23 before any donation of equipment under this section, the 

24 Administrator shall provide to the Committee on Home25 land Security of the House of Representatives and the 


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1 Committee on Homeland Security and Governmental Af2 fairs and the Committee on Commerce, Science, and 

3 Transportation of the Senate a detailed written expla4 nation of— 

5 (1) the specific vulnerability to the United 

6 States that will be mitigated with such donation; 

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

8 unable or unwilling to purchase equipment to miti9 gate such threat; 

10 (3) an evacuation plan for sensitive technologies 

11 in case of emergency or instability in the country to 

12 which such donation is being made; 

13 (4) how the Administration will ensure the 

14 equipment that is being donated is used and main15 tained over the course of its life by the recipient; 

16 and 

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

18 SEC. 107. REVIEW OF SUSTAINED SECURITY DIRECTIVES. 

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

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

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

22 than one year, the Administrator shall review the necessity 

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

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

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


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1 shall brief the Committee on Homeland Security of the 

2 House of Representatives and the Committee on Home3 land Security and Governmental Affairs and the Com4 mittee on Commerce, Science, and Transportation of the 

5 Senate on— 

6 (1) any changes being made to existing security 

7 directives as a result of each such review; 

8 (2) the specific threat that is being mitigated 

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

10 (3) the planned disposition of any such direc11 tive. 

12 SEC. 108. MAINTENANCE OF SECURITY-RELATED TECH13 NOLOGY. 

14 (a) IN GENERAL.—Title XVI of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 561 et seq.) is amended by 

16 adding at the end the following: 

17 ‘‘Subtitle C—Maintenance of 

18 Security-Related Technology 

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

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

21 the date of the enactment of this subtitle, the Adminis22 trator shall develop and implement a preventive mainte23 nance validation process for security-related technology 

24 deployed to airports. 


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1 ‘‘(b) MAINTENANCE BY ADMINISTRATION PER2 SONNEL AT AIRPORTS.—For maintenance to be carried 

3 out by Administration personnel at airports, the process 

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

5 ‘‘(1) Guidance to Administration personnel, 

6 equipment maintenance technicians, and other per7 sonnel at airports specifying how to conduct and 

8 document preventive maintenance actions. 

9 ‘‘(2) Mechanisms for the Administrator to 

10 verify compliance with the guidance issued pursuant 

11 to paragraph (1). 

12 ‘‘(c) MAINTENANCE BY CONTRACTORS AT AIR13 PORTS.—For maintenance to be carried out by a con14 tractor at airports, the process referred to in subsection 

15 (a) shall require the following: 

16 ‘‘(1) Provision of monthly preventive mainte17 nance schedules to appropriate Administration per18 sonnel at each airport that includes information on 

19 each action to be completed by a contractor. 

20 ‘‘(2) Notification to appropriate Administration 

21 personnel at each airport when maintenance action 

22 is completed by a contractor. 

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

24 third party of contractor maintenance. 


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1 ‘‘(d) PENALTIES FOR NONCOMPLIANCE.—The Ad2 ministrator shall require maintenance contracts for secu3 rity-related technology deployed to airports to include pen4 alties for noncompliance when it is determined that either 

5 preventive or corrective maintenance has not been com6 pleted according to contractual requirements and manu7 facturers’ specifications.’’. 

8 (b) INSPECTOR GENERAL ASSESSMENT.—Not later 

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

10 the Inspector General of the Department of Homeland Se11 curity shall assess implementation of the requirements 

12 under section 1621 of the Homeland Security Act of 2002 

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

14 findings and recommendations with respect to the provi15 sion of training to Administration personnel, equipment 

16 maintenance technicians, and other personnel under such 

17 section 1621 and the availability and utilization of equip18 ment maintenance technicians employed by the Adminis19 tration. 

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

21 of the Homeland Security Act of 2002 is amended by in22 serting after the item relating to section 1616 the fol23 lowing: 

‘‘Subtitle C—Maintenance of Security-Related Technology 

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


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1 SEC. 109. VETTING OF AVIATION WORKERS. 

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

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

4 is amended by adding after section 1601 the following new 

5 section: 

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

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

8 2015, the Administrator, in coordination with the Assist9 ant Secretary for Policy of the Department, shall request 

10 from the Director of National Intelligence access to addi11 tional data from the Terrorist Identities Datamart Envi12 ronment (TIDE) data and any or other terrorism-related 

13 information to improve the effectiveness of the Adminis14 tration’s credential vetting program for individuals with 

15 unescorted access to sensitive areas of airports. 

16 ‘‘(b) SECURITY INSPECTION.—By not later than De17 cember 31, 2015, the Administrator shall issue guidance 

18 for Transportation Security Inspectors to annually review 

19 airport badging office procedures for applicants seeking 

20 access to sensitive areas of airports. Such guidance shall 

21 include a comprehensive review of applicants’ Criminal 

22 History Records Check (CHRC) and work authorization 

23 documentation during the course of an inspection. 

24 ‘‘(c) INFORMATION SHARING.—By not later than De25 cember 31, 2015, the Administrator may conduct a pilot 

26 program of the Rap Back Service, in coordination with 


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1 the Director of the Federal Bureau of Investigation, to 

2 determine the feasibility of full implementation of a service 

3 through which the Administrator would be notified of a 

4 change in status of an individual holding a valid credential 

5 granting unescorted access to sensitive areas of airports 

6 across eligible Administration-regulated populations. 

7 ‘‘(d) PROCEDURES.—The pilot program under sub8 section (c) shall evaluate whether information can be nar9 rowly tailored to ensure that the Administrator only re10 ceives notification of a change with respect to a disquali11 fying offense under the credential vetting program under 

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

13 a manner that complies with current regulations for fin14 gerprint-based criminal history records checks. The pilot 

15 program shall be carried out in a manner so as to ensure 

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

17 Rap Back Service of a change but a determination of ar18 rest status or conviction is in question, the matter will be 

19 handled in a manner that is consistent with current regu20 lations. The pilot program shall also be carried out in a 

21 manner that is consistent with current regulations gov22 erning an investigation of arrest status, correction of Fed23 eral Bureau of Investigation records and notification of 

24 disqualification, and corrective action by the individual 

25 who is the subject of an inquiry. 


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1 ‘‘(e) DETERMINATION AND SUBMISSION.—If the Ad2 ministrator determines that full implementation of the 

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

4 a manner that is consistent with current regulations for 

5 fingerprint-based criminal history checks, including the 

6 rights of individuals seeking credentials, the Administrator 

7 shall submit such determination, in writing, to the Com8 mittee on Homeland Security of the House of Representa9 tives and the Committee on Homeland Security and Gov10 ernmental Affairs and the Committee on Commerce, 

11 Science, and Transportation of the Senate, together with 

12 information on the costs associated with such implementa13 tion, including the costs incurred by the private sector. 

14 In preparing this determination, the Administrator shall 

15 consult with the Chief Civil Rights and Civil Liberties Of16 ficer of the Department to ensure that protocols are in 

17 place to align the period of retention of personally identifi18 able information and biometric information, including fin19 gerprints, in the Rap Back Service with the period in 

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

21 a valid credential. 

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

23 September 30, 2015, the Administrator shall issue guid24 ance to airports mandating that all federalized airport 

25 badging authorities place an expiration date on airport 


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1 credentials commensurate with the period of time during 

2 which an individual is lawfully authorized to work in the 

3 United States. 

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

5 later than December 31, 2015, the Administrator shall re6 view the denial of credentials due to issues associated with 

7 determining an applicant’s lawful status in order to iden8 tify airports with specific weaknesses and shall coordinate 

9 with such airports to mutually address such weaknesses, 

10 as appropriate. 

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

12 the determinations and reviews required under this sec13 tion, the Administrator shall brief the Committee on 

14 Homeland Security and the Committee on Transportation 

15 and Infrastructure of the House of Representatives and 

16 the Committee on Homeland Security and Governmental 

17 Affairs and the Committee on Commerce, Science, and 

18 Transportation of the Senate on the results of such deter19 minations and reviews.’’. 

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

21 of the Homeland Security Act of 2002 is amended by in22 serting after the item relating to section 1601 the fol23 lowing new item: 

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

24 (c) STATUS UPDATE ON RAP BACK SERVICE PILOT

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


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1 enactment of this Act, the Administrator of the Transpor2 tation Security Administration shall submit to the Com3 mittee on Homeland Security of the House of Representa4 tives and the Committee on Homeland Security and Gov5 ernmental Affairs and the Committee on Commerce, 

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

7 status of plans to conduct a pilot program in coordination 

8 with the Federal Bureau of Investigation of the Rap Back 

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

10 of the Homeland Security Act of 2002, as added by sub11 section (a) of this section. The report shall include details 

12 on the business, technical, and resource requirements for 

13 the Transportation Security Administration and pilot pro14 gram participants, and provide a timeline and goals for 

15 the pilot program. 

16 SEC. 110. AVIATION SECURITY ADVISORY COMMITTEE CON17 SULTATION. 

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

19 to the extent practicable, with the Aviation Security Advi20 sory Committee (established pursuant to section 44946 of 

21 title 49 of the United States Code) regarding any modi22 fication to the prohibited item list prior to issuing a deter23 mination about any such modification. 

24 (b) REPORT ON THE TRANSPORTATION SECURITY

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


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1 date of the enactment of this Act, the Secretary of Home2 land Security shall submit to the Transportation Security 

3 Oversight Board (established pursuant to section 115 of 

4 title 49, United States Code), the Committee on Home5 land Security of the House of Representatives, and the 

6 Committee on Homeland Security and Governmental Af7 fairs and the Committee on Commerce, Science, and 

8 Transportation of the Senate a report that includes gen9 eral information on how often the Board has met, the cur10 rent composition of the Board, and what activities the 

11 Board has undertaken, consistent with the duties specified 

12 in subsection (c) of such section. The Secretary may in13 clude in such report recommendations for changes to such 

14 section in consideration of the provisions of section 44946 

15 of title 49, United States Code. 

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

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

18 amended to read as follows: 

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

20 of the Advisory Committee shall be two years 

21 but may continue until such time as a successor 

22 member begins serving on the Advisory Com23 mittee. A member of the Advisory Committee 

24 may be reappointed.’’. 


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1 (d) DEFINITION.—In this section, the term ‘‘prohib2 ited item list’’ means the list of items passengers are pro3 hibited from carrying as accessible property or on their 

4 persons through passenger screening checkpoints at air5 ports, into sterile areas at airports, and on board pas6 senger aircraft, pursuant to section 1540.111 of title 49, 

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

8 2015). 

9 SEC. 111. PRIVATE CONTRACTOR CANINE EVALUATION 

10 AND INTEGRATION PILOT PROGRAM. 

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

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

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

14 and integration of privately-operated explosives detection 

15 canine teams using both the passenger screening canine 

16 and traditional explosives detection canine methods. 

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

18 (a) shall include the following elements: 

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

20 two Category I, and one Category II airports. 

21 (2) A duration of at least twelve months from 

22 the time private contractor teams are operating at 

23 full capacity. 

24 (3) A methodology for evaluating how to inte25 grate private contractor teams into the checkpoint 


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1 area to detect explosive devices missed by mechan2 ical or human error at other points in the screening 

3 process. 

4 (4) Covert testing with inert improvised explo5 sive devices and accurately recreated explosives odor 

6 traces to determine the relative effectiveness of a 

7 full-time canine team in strengthening checkpoint 

8 security. 

9 (c) QUARTERLY UPDATES.—The Administrator shall 

10 submit to the Committee on Homeland Security of the 

11 House of Representatives and the Committee on Home12 land Security and Governmental Affairs of the Senate 

13 written updates on the procurement, deployment, and 

14 evaluation process related to the implementation of the 

15 pilot program under subsection (a) for every calendar 

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

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

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

19 the Administrator shall submit to the Committee on 

20 Homeland Security of the House of Representatives and 

21 the Committee on Homeland Security and Governmental 

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

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

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

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


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1 TITLE II—SURFACE 

2 TRANSPORTATION SECURITY 

3 SEC. 201. SURFACE TRANSPORTATION INSPECTORS. 

4 (a) IN GENERAL.—Section 1304(d) of the Imple5 menting Recommendations of the 9/11 Commission Act of 

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

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

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

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

10 after the date of the enactment of this Act, the Comp11 troller General of the United States shall submit to the 

12 Committee on Homeland Security of the House of Rep13 resentatives and the Committee on Homeland Security 

14 and Governmental Affairs and the Committee on Com15 merce, Science, and Transportation of the Senate a report 

16 on the efficiency and effectiveness of the Administration’s 

17 Surface Transportation Security Inspectors Program 

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

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

20 U.S.C. 1113; Public Law 110–53). 

21 (c) CONTENTS.—The report required under sub22 section (b) shall include a review of the following: 

23 (1) The roles and responsibilities of surface 

24 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 RecVerDate Sep 11 2014 05:43 Sep 25, 2015 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3584.IH H3584

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1 ommendations of the 9/11 Commission Act of 2007 

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

3 SEC. 202. INSPECTOR GENERAL AUDIT; TSA OFFICE OF IN4 SPECTION WORKFORCE CERTIFICATION. 

5 (a) INSPECTOR GENERAL AUDIT.— 

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

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

8 General of the Department shall analyze the data 

9 and methods that the Administrator uses to identify 

10 Office of Inspection employees of the Administration 

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

12 8401(17), and 5545a of title 5, United States Code, 

13 and provide the relevant findings to the Adminis14 trator, including a finding on whether such data and 

15 methods are adequate and valid. 

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

17 General of the Department finds that the data and 

18 methods referred to in paragraph (1) are inadequate 

19 or invalid, the Administrator may not hire any new 

20 employee to work in the Office of Inspection of the 

21 Administration until— 

22 (A) the Administrator makes a certifi23 cation described in subsection (b)(1) to the 

24 Committee on Homeland Security of the House 

25 of Representatives and the Committee on 


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1 Homeland Security and Governmental Affairs 

2 and the Committee on Commerce, Science, and 

3 Transportation of the Senate; and 

4 (B) the Inspector General submits to such 

5 Committees a finding, not later than 30 days 

6 after the Administrator makes such certifi7 cation, that the Administrator utilized adequate 

8 and valid data and methods to make such cer9 tification. 

10 (b) TSA OFFICE OF INSPECTION WORKFORCE CER11 TIFICATION.— 

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

13 not later than 90 days after the date the Inspector 

14 General of the Department provides its findings to 

15 the Assistant Secretary under subsection (a)(1), doc16 ument and certify in writing to the Committee on 

17 Homeland Security of the House of Representatives 

18 and the Committee on Homeland Security and Gov19 ernmental Affairs and the Committee on Commerce, 

20 Science, and Transportation of the Senate that only 

21 those Office of Inspection employees of the Adminis22 tration who meet the requirements of sections 

23 8331(20), 8401(17), and 5545a of title 5, United 

24 States Code, are classified as criminal investigators 


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1 and are receiving premium pay and other benefits 

2 associated with such classification. 

3 (2) EMPLOYEE RECLASSIFICATION.—The Ad4 ministrator shall reclassify criminal investigator po5 sitions in the Office of Inspection of the Administra6 tion as noncriminal investigator positions or non-law 

7 enforcement positions if the individuals in such posi8 tions do not, or are not expected to, spend an aver9 age of at least 50 percent of their time performing 

10 criminal investigative duties. 

11 (3) PROJECTED COST SAVINGS.— 

12 (A) IN GENERAL.—The Administrator 

13 shall estimate the total long-term cost savings 

14 to the Federal Government resulting from the 

15 implementation of paragraph (2), and provide 

16 such estimate to the Committee on Homeland 

17 Security of the House of Representatives and 

18 the Committee on Homeland Security and Gov19 ernmental Affairs and the Committee on Com20 merce, Science, and Transportation of the Sen21 ate by not later than 180 days after the date 

22 of enactment of this Act. 

23 (B) CONTENTS.—The estimate described 

24 in subparagraph (A) shall identify savings asso25 ciated with the positions reclassified under 


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1 paragraph (2) and include, among other factors 

2 the Administrator considers appropriate, sav3 ings from— 

4 (i) law enforcement training; 

5 (ii) early retirement benefits; 

6 (iii) law enforcement availability and 

7 other premium pay; and 

8 (iv) weapons, vehicles, and commu9 nications devices. 

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

11 that the Administrator submits the certification under 

12 subsection (b)(1), the Inspector General of the Depart13 ment shall submit to the Committee on Homeland Secu14 rity of the House of Representatives and the Committee 

15 on Homeland Security and Governmental Affairs and the 

16 Committee on Commerce, Science, and Transportation of 

17 the Senate a study— 

18 (1) reviewing the employee requirements, re19 sponsibilities, and benefits of criminal investigators 

20 in the Office of Inspection of the Administration 

21 with criminal investigators employed at agencies ad22 hering to the Office of Personnel Management em23 ployee classification system; and 


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1 (2) identifying any inconsistencies and costs im2 plications for differences between the varying em3 ployee requirements, responsibilities, and benefits. 

4 SEC. 203. REPEAL OF BIENNIAL REPORTING REQUIREMENT 

5 FOR THE GOVERNMENT ACCOUNTABILITY 

6 OFFICE RELATING TO THE TRANSPORTATION 

7 SECURITY INFORMATION SHARING PLAN. 

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

9 States Code, is amended by— 

10 (1) striking paragraph (7); and 

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

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

13 SEC. 204. SECURITY TRAINING FOR FRONTLINE TRANSPOR14 TATION WORKERS. 

15 Not later than 90 days after the date of the enact16 ment of the Act, the Administrator shall submit to the 

17 Committee on Homeland Security of the House of Rep18 resentatives and the Committee on Homeland Security 

19 and Governmental Affairs and the Committee on Com20 merce, Science, and Transportation of the Senate a report 

21 regarding the status of the implementation of sections 

22 1408 (6 U.S.C. 1137) and 1534 (6 U.S.C. 1184) of the 

23 Implementing Recommendations of the 9/11 Commission 

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

25 shall include in such report specific information on the 


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1 challenges that the Administrator has encountered since 

2 the date of the enactment of the Implementing Rec3 ommendations of the 9/11 Commission Act of 2007 with 

4 respect to establishing regulations requiring the provision 

5 of basic security training to public transportation frontline 

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

7 preparedness for potential security threats and conditions. 

Æ 


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