Records Check (CHRC) and work authorization documenta-
tion during the course of an inspection. 
‘‘(c) INFORMATION SHARING.—By not later than De-
cember 31, 2015, the Administrator may conduct a pilot 
program of the Rap Back Service, in coordination with the 
Director of the Federal Bureau of Investigation, to deter-
mine the feasibility of full implementation of a service 
through which the Administrator would be notified of a 
change in status of an individual holding a valid credential 
granting unescorted access to sensitive areas of airports 
across eligible Administration-regulated populations. 
‘‘(d) PROCEDURES.—The pilot program under sub-
section (c) shall evaluate whether information can be nar-
rowly tailored to ensure that the Administrator only re-
ceives notification of a change with respect to a disquali-
fying offense under the credential vetting program under 
subsection (a), as specified in 49 CFR 1542.209, and in 
a manner that complies with current regulations for finger-
print-based criminal history records checks. The pilot pro-
gram shall be carried out in a manner so as to ensure that, 
in the event that notification is made through the Rap Back 
Service of a change but a determination of arrest status 
or conviction is in question, the matter will be handled in 
a manner that is consistent with current regulations. The 
pilot program shall also be carried out in a manner that 
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is consistent with current regulations governing an inves-
tigation of arrest status, correction of Federal Bureau of 
Investigation records and notification of disqualification, 
and corrective action by the individual who is the subject 
of an inquiry. 
‘‘(e) DETERMINATION AND SUBMISSION.—If the Ad-
ministrator determines that full implementation of the Rap 
Back Service is feasible and can be carried out in a manner 
that is consistent with current regulations for fingerprint- 
based criminal history checks, including the rights of indi-
viduals seeking credentials, the Administrator shall submit 
such determination, in writing, to the Committee on Home-
land Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate, together with information on the costs 
associated with such implementation, including the costs 
incurred by the private sector. In preparing this determina-
tion, the Administrator shall consult with the Chief Civil 
Rights and Civil Liberties Officer of the Department to en-
sure that protocols are in place to align the period of reten-
tion of personally identifiable information and biometric 
information, including fingerprints, in the Rap Back Serv-
ice with the period in which the individual who is the sub-
ject of an inquiry has a valid credential. 
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‘‘(f) CREDENTIAL SECURITY.—By not later than Sep-
tember 30, 2015, the Administrator shall issue guidance to 
airports mandating that all federalized airport badging au-
thorities place an expiration date on airport credentials 
commensurate with the period of time during which an in-
dividual is lawfully authorized to work in the United 
States. 
‘‘(g) AVIATION WORKER LAWFUL STATUS.—By not 
later than December 31, 2015, the Administrator shall re-
view the denial of credentials due to issues associated with 
determining an applicant’s lawful status in order to iden-
tify airports with specific weaknesses and shall coordinate 
with such airports to mutually address such weaknesses, as 
appropriate. 
‘‘(h) REPORTS TO CONGRESS.—Upon completion of 
the determinations and reviews required under this section, 
the Administrator shall brief the Committee on Homeland 
Security and the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of 
the Senate on the results of such determinations and re-
views.’’. 
(b) CLERICAL AMENDMENT.—The table of contents of 
the Homeland Security Act of 2002 is amended by inserting 
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after the item relating to section 1601 the following new 
item: 
‘‘Sec. 1602. Vetting of aviation workers.’’. 
(c) STATUS UPDATE ON RAP BACK SERVICE PILOT 
PROGRAM.—Not later than 60 days after the date of the 
enactment of this Act, the Administrator of the Transpor-
tation Security Administration shall submit to the Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
status of plans to conduct a pilot program in coordination 
with the Federal Bureau of Investigation of the Rap Back 
Service in accordance with subsection (c) of section 1602 
of the Homeland Security Act of 2002, as added by sub-
section (a) of this section. The report shall include details 
on the business, technical, and resource requirements for the 
Transportation Security Administration and pilot pro-
gram participants, and provide a timeline and goals for 
the pilot program. 
SEC. 110. AVIATION SECURITY ADVISORY COMMITTEE CON-
SULTATION. 
(a) IN GENERAL.—The Administrator shall consult, to 
the extent practicable, with the Aviation Security Advisory 
Committee (established pursuant to section 44946 of title 
49 of the United States Code) regarding any modification 
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to the prohibited item list prior to issuing a determination 
about any such modification. 
(b) REPORT
ON
THE TRANSPORTATION SECURITY 
OVERSIGHT BOARD.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the Transportation Security Over-
sight Board (established pursuant to section 115 of title 49, 
United States Code), the Committee on Homeland Security 
of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report that includes general information on 
how often the Board has met, the current composition of 
the Board, and what activities the Board has undertaken, 
consistent with the duties specified in subsection (c) of such 
section. The Secretary may include in such report rec-
ommendations for changes to such section in consideration 
of the provisions of section 44946 of title 49, United States 
Code. 
(c) TECHNICAL CORRECTION.—Subparagraph (A) of 
section 44946(c)(2) of title 49, United States Code, is 
amended to read as follows: 
‘‘(A) TERMS.—The term of each member of 
the Advisory Committee shall be two years but 
may continue until such time as a successor 
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member begins serving on the Advisory Com-
mittee. A member of the Advisory Committee 
may be reappointed.’’. 
(d) DEFINITION.—In this section, the term ‘‘prohibited 
item list’’ means the list of items passengers are prohibited 
from carrying as accessible property or on their persons 
through passenger screening checkpoints at airports, into 
sterile areas at airports, and on board passenger aircraft, 
pursuant to section 1540.111 of title 49, Code of Federal 
Regulations (as in effect on January 1, 2015). 
SEC. 111. PRIVATE CONTRACTOR CANINE EVALUATION AND 
INTEGRATION PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator shall 
establish a pilot program to evaluate the use, effectiveness, 
and integration of privately-operated explosives detection 
canine teams using both the passenger screening canine and 
traditional explosives detection canine methods. 
(b) ELEMENTS.—The pilot program under subsection 
(a) shall include the following elements: 
(1) A full-time presence in three Category X, two 
Category I, and one Category II airports. 
(2) A duration of at least twelve months from the 
time private contractor teams are operating at full 
capacity. 
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(3) A methodology for evaluating how to inte-
grate private contractor teams into the checkpoint 
area to detect explosive devices missed by mechanical 
or human error at other points in the screening proc-
ess. 
(4) Covert testing with inert improvised explo-
sive devices and accurately recreated explosives odor 
traces to determine the relative effectiveness of a full- 
time canine team in strengthening checkpoint secu-
rity. 
(c) QUARTERLY UPDATES.—The Administrator shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate written 
updates on the procurement, deployment, and evaluation 
process related to the implementation of the pilot program 
under subsection (a) for every calendar quarter after the 
date of the enactment of this Act. 
(d) FINAL REPORT.—Not later than 90 days after the 
completion of the pilot program under subsection (a), the 
Administrator shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a final report on such pilot program. 
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(e) FUNDING.—Out of funds made available to the Of-
fice of the Secretary of Homeland Security, $6,000,000 is 
authorized to be used to carry out this section. 
SEC. 112. COVERT TESTING AT AIRPORTS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act and annually thereafter 
through 2020, the Administrator shall conduct covert test-
ing on an on-going basis to test vulnerabilities and identify 
weaknesses in the measures used to secure the aviation sys-
tem of the United States. The Administrator shall, on a 
quarterly basis if practicable, provide to the Inspector Gen-
eral of the Department such testing results, methodology, 
and data. 
(b) ELEMENTS.—In carrying out the covert testing re-
quired under subsection (a), the Administrator shall— 
(1) consider security screening and procedures 
conducted by TSA; 
(2) use available threat information and intel-
ligence to determine the types and sizes of simulated 
threat items and threat item-body location configura-
tions for such covert testing; 
(3) use a risk-based approach to determine the 
location and number of such covert testing; 
(4) conduct such covert testing without notifying 
personnel at airports prior to such covert testing; and 
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(5) identify reasons for failure when TSA per-
sonnel or the screening equipment used do not iden-
tify and resolve any threat item used during such a 
covert test. 
(c) INDEPENDENT REVIEW.—The Inspector General of 
the Department shall conduct covert testing of the aviation 
system of the United States in addition to the covert testing 
conducted by the Administrator under subsection (a), as ap-
propriate, and analyze TSA covert testing results, method-
ology, and data provided pursuant to such subsection to de-
termine the sufficiency of TSA covert testing protocols. The 
Inspector General shall, as appropriate, compare testing re-
sults of any additional covert testing conducted pursuant 
to this subsection with the results of TSA covert testing 
under subsection (a) to determine systemic weaknesses in 
the security of the aviation system of the United States. 
(d) CORRECTIVE ACTION.—Not later than 30 days 
upon completion of any covert testing under subsection (a), 
the Administrator shall make recommendations and imple-
ment corrective actions to mitigate vulnerabilities identified 
by such covert testing and shall notify the Inspector General 
of the Department of such recommendations and actions. 
The Inspector General shall review the extent to which such 
recommendations and actions are implemented and the de-
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gree to which such recommendations and actions improve 
the security of the aviation system of the United States. 
(e) CONGRESSIONAL NOTIFICATION.— 
(1) BY THE ADMINISTRATOR.—Not later than 30 
days upon completion of any covert testing under sub-
section (a), the Administrator shall brief the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate 
on the results of such covert testing. 
(2) BY THE INSPECTOR GENERAL OF THE DE-
PARTMENT.—The Inspector General shall brief the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs and the Committee 
on Commerce, Science, and Transportation of the 
Senate annually on the requirements specified in this 
section. 
(f) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed to prohibit the Administrator or the In-
spector General of the Department from conducting covert 
testing of the aviation system of the United States with 
greater frequency than required under this section. 
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SEC. 113. TRAINING FOR TRANSPORTATION SECURITY OF-
FICERS. 
The Administrator shall, on a periodic basis, brief the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate on the status of 
efforts to enhance initial and recurrent training of Trans-
portation Security Officers. 
TITLE II—SURFACE TRANSPOR-
TATION 
SECURITY 
AND 
OTHER MATTERS 
SEC. 201. SURFACE TRANSPORTATION INSPECTORS. 
(a) IN GENERAL.—Section 1304(d) of the Imple-
menting Recommendations of the 9/11 Commission Act of 
2007 (6 U.S.C. 1113; Public Law 110–53) is amended— 
(1) by inserting ‘‘surface’’ after ‘‘relevant’’; and 
(2) by striking ‘‘, as determined appropriate’’. 
(b) REPORT TO CONGRESS.—Not later than one year 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the Committee 
on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the efficiency and 
effectiveness of the Administration’s Surface Transportation 
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Security Inspectors Program under subsection (d) of section 
1304 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1113; Public Law 110– 
53). 
(c) CONTENTS.—The report required under subsection 
(b) shall include a review of the following: 
(1) The roles and responsibilities of surface 
transportation security inspectors. 
(2) The extent to which the TSA has used a risk- 
based, strategic approach to determine the appro-
priate number of surface transportation security in-
spectors and resource allocation across field offices. 
(3) Whether TSA’s surface transportation regula-
tions are risk-based and whether surface transpor-
tation security inspectors have adequate experience 
and training to perform their day-to-day responsibil-
ities. 
(4) Feedback from regulated surface transpor-
tation industry stakeholders on the benefit of surface 
transportation security inspectors to the overall secu-
rity of the surface transportation systems of such 
stakeholders and the consistency of regulatory enforce-
ment. 
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(5) Whether surface transportation security in-
spectors have appropriate qualifications to help secure 
and inspect surface transportation systems. 
(6) Whether TSA measures the effectiveness of 
surface transportation security inspectors. 
(7) Any overlap between the TSA and the De-
partment of Transportation as such relates to surface 
transportation security inspectors in accordance with 
section 1310 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1117; 
Public Law 110–53). 
(8) The extent to which surface transportation 
security inspectors review and enhance information 
security practices and enforce applicable information 
security regulations and directives. 
(9) Any recommendations relating to the effi-
ciency and effectiveness of the TSA’s surface transpor-
tation security inspectors program. 
SEC. 202. INSPECTOR GENERAL AUDIT; TSA OFFICE OF IN-
SPECTION WORKFORCE CERTIFICATION. 
(a) INSPECTOR GENERAL AUDIT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Inspector 
General of the Department shall analyze the data and 
methods that the Administrator uses to identify Office 
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of Inspection employees of the Administration who 
meet the requirements of sections 8331(20), 8401(17), 
and 5545a of title 5, United States Code, and provide 
the relevant findings to the Administrator, including 
a finding on whether such data and methods are ade-
quate and valid. 
(2) PROHIBITION ON HIRING.—If the Inspector 
General of the Department finds that the data and 
methods referred to in paragraph (1) are inadequate 
or invalid, the Administrator may not hire any new 
employee to work in the Office of Inspection of the 
Administration until— 
(A) the Administrator makes a certification 
described in subsection (b)(1) to the Committee 
on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Se-
curity and Governmental Affairs and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate; and 
(B) the Inspector General submits to such 
Committees a finding, not later than 30 days 
after the Administrator makes such certification, 
that the Administrator utilized adequate and 
valid data and methods to make such certifi-
cation. 
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(b) TSA OFFICE OF INSPECTION WORKFORCE CER-
TIFICATION.— 
(1) IN GENERAL.—The Administrator shall, by 
not later than 90 days after the date the Inspector 
General of the Department provides its findings to the 
Assistant Secretary under subsection (a)(1), document 
and certify in writing to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, 
and Transportation of the Senate that only those Of-
fice of Inspection employees of the Administration 
who meet the requirements of sections 8331(20), 
8401(17), and 5545a of title 5, United States Code, 
are classified as criminal investigators and are re-
ceiving premium pay and other benefits associated 
with such classification. 
(2) EMPLOYEE RECLASSIFICATION.—The Admin-
istrator shall reclassify criminal investigator posi-
tions in the Office of Inspection of the Administration 
as noncriminal investigator positions or non-law en-
forcement positions if the individuals in such posi-
tions do not, or are not expected to, spend an average 
of at least 50 percent of their time performing crimi-
nal investigative duties. 
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(3) PROJECTED COST SAVINGS.— 
(A) IN GENERAL.—The Administrator shall 
estimate the total long-term cost savings to the 
Federal Government resulting from the imple-
mentation of paragraph (2), and provide such 
estimate to the Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate by not 
later than 180 days after the date of enactment 
of this Act. 
(B) CONTENTS.—The estimate described in 
subparagraph (A) shall identify savings associ-
ated with the positions reclassified under para-
graph (2) and include, among other factors the 
Administrator considers appropriate, savings 
from— 
(i) law enforcement training; 
(ii) early retirement benefits; 
(iii) law enforcement availability and 
other premium pay; and 
(iv) weapons, vehicles, and commu-
nications devices. 
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(c) STUDY.—Not later than 180 days after the date 
that the Administrator submits the certification under sub-
section (b)(1), the Inspector General of the Department shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate a 
study— 
(1) reviewing the employee requirements, respon-
sibilities, and benefits of criminal investigators in the 
Office of Inspection of the Administration with crimi-
nal investigators employed at agencies adhering to the 
Office of Personnel Management employee classifica-
tion system; and 
(2) identifying any inconsistencies and costs im-
plications for differences between the varying em-
ployee requirements, responsibilities, and benefits. 
SEC. 203. REPEAL OF BIENNIAL REPORTING REQUIREMENT 
FOR THE GOVERNMENT ACCOUNTABILITY OF-
FICE RELATING TO THE TRANSPORTATION 
SECURITY INFORMATION SHARING PLAN. 
Subsection (u) of section 114 of title 49, United States 
Code, is amended by— 
(1) striking paragraph (7); and 
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(2) redesignating paragraphs (8) and (9) as 
paragraphs (7) and (8), respectively. 
SEC. 204. SECURITY TRAINING FOR FRONTLINE TRANSPOR-
TATION WORKERS. 
Not later than 90 days after the date of the enactment 
of the Act, the Administrator shall submit to the Committee 
on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report regarding the status 
of the implementation of sections 1408 (6 U.S.C. 1137) and 
1534 (6 U.S.C. 1184) of the Implementing Recommenda-
tions of the 9/11 Commission Act of 2007 (Public Law 110– 
53). The Administrator shall include in such report specific 
information on the challenges that the Administrator has 
encountered since the date of the enactment of the Imple-
menting Recommendations of the 9/11 Commission Act of 
2007 with respect to establishing regulations requiring the 
provision of basic security training to public transportation 
frontline employees and over-the-road bus frontline employ-
ees for preparedness for potential security threats and con-
ditions. 
SEC. 205. FEASIBILITY ASSESSMENT. 
Not later than 120 days after the date of the enactment 
of this Act, the Administrator shall submit to the Committee 
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on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a feasibility assessment of 
partnering with an independent, not-for-profit organization 
to help provide venture capital to businesses, particularly 
small businesses, for commercialization of innovative home-
land security technologies that are expected to be ready for 
commercialization in the near term and within 36 months. 
In conducting such feasibility assessment, the Adminis-
trator shall consider the following: 
(1) Establishing an independent, not-for-profit 
organization, modeled after the In-Q-tel program, a 
venture capital partnership between the private sector 
and the intelligence community (as such term is de-
fined in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 3003(4)), to help businesses, particu-
larly small businesses, commercialize innovative secu-
rity-related technologies. 
(2) Enhanced engagement, either through the 
Science and Technology Directorate of the Depart-
ment of Homeland Security or directly, with the In- 
Q-tel program described in paragraph (1). 
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Union Calendar No. 298 
114TH CONGRESS 
2D SESSION 
H. R. 3584 
[Report No. 114–396] 
A BILL 
To authorize, streamline, and identify efficiencies 
within the Transportation Security Administra-
tion, and for other purposes. 
JANUARY 12, 2016 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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