H.R. 3584 — what changed
Transportation Security Administration Reform and Improvement Act of 2015
From Reported in House to Engrossed in House. 8 sections amended between Reported in House and Engrossed in House.
Sec. 102 PreCheck and general passenger biometric identification
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In general— Not later than one 1 year after the date of enactment of this Act, the Administrator shall conduct a pilot project to establish a secure, automated, biometric-based system at airports to verify the identity of passengers who are members of TSA PreCheck. Such system shall—
reduce the need for security screening personnel to perform travel document verification for individuals enrolled in TSA PreCheck;
reduce the average wait time of individuals enrolled in TSA PreCheck;
reduce overall operating expenses of the Administration;
be integrated with the Administration’s watch list and trusted traveler matching program;
be integrated with other checkpoint technologies to further facilitate risk-based passenger screening at the checkpoint, to the extent practicable and consistent with security standards; and
consider capabilities and policies of U.S. Customs and Border Protection’s Global Entry Program, as appropriate.
Establishment of screening system for certain passengers— Section 44901 of title 49, United States Code is amended—
by redesignating subsections (c) through (l) as subsections (d) through (m), respectively; and
by inserting after subsection (b) the following new subsection:
“(c) Establishment of screening system for certain passengers—Not later than December 31, 2017, in accordance with the requirements of the Transportation Security Administration Reform and Improvement Act of 2015, the Administrator of the Transportation Security Administration shall establish a secure, automated system at all large hub airports for verifying travel and identity documents of passengers who are not members of the Administration’s risk-based aviation passenger screening program, known as “TSA PreCheck”. Such system shall—
“(1) assess the need for security screening personnel to perform travel document verification for such passengers, thereby assessing the overall number of such screening personnel;
“(2) assess the average wait time of such passengers;
“(3) assess overall operating expenses of the Administration;
“(4) be integrated with the Administration’s watch list matching program; and
“(5) be integrated with other checkpoint technologies to further facilitate risk-based passenger screening at the checkpoint, to the extent practicable and consistent with security standards.”
Sec. 103 Limitation; PreCheck operations maintained; Alternate methods
In general— Except as provided in subsection (c), the Administrator shall direct that access to expedited airport security screening at an airport security checkpoint be limited to only the following:
A passenger who voluntarily submits biographic and biometric information for a security risk assessment and whose application for the PreCheck program has been approved, or a passenger who is a participant in another trusted or registered traveler program of the Department.
A passenger traveling pursuant to section 44903 of title 49, United States Code (as established under the Risk-Based Security for Members of the Armed Forces Act (Public Law 112–86)), section 44927 of such title (as established under the Helping Heroes Fly Act (Public Law 113–27)), or section 44928 of such title (as established under the Honor Flight Act (Public Law 113–221)).
A passenger who did not voluntarily submit biographic and biometric information for a security risk assessment but is a member of a population designated by the Administrator as known and low-risk and who may be issued a unique, known traveler number by the Administrator determining that such passenger is a member of a category of travelers designated by the Administrator as known and low-risk.
PreCheck operations maintained— In carrying out subsection (a), the Administrator shall ensure that expedited airport security screening remains available to passengers at or above the level that exists on the day before the date of the enactment of this Act.
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Frequent fliers— If the Administrator determines that such is appropriate, the implementation of subsection (a) may be delayed by up to one 1 year with respect to the population of passengers who did not voluntarily submit biographic and biometric information for security risk assessments but who nevertheless receive expedited airport security screening because such passengers are designated as frequent fliers by air carriers. If the Administrator uses the authority provided by this subsection, the Administrator shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate of such phased-in implementation.
Alternate methods— The Administrator may provide access to expedited airport security screening to additional passengers pursuant to an alternate method upon the submission to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of an independent assessment of the security effectiveness of such alternate method that is conducted by an independent entity that determines that such alternate method is designed to—
reliably and effectively identify passengers who likely pose a low risk to the United States aviation system;
mitigate the likelihood that a passenger who may pose a security threat to the United States aviation system is selected for expedited security screening; and
address known and evolving security risks to the United States aviation system.
Information sharing— The Administrator shall provide to the entity conducting the independent assessment under subsection (d) effectiveness testing results that are consistent with established evaluation design practices, as identified by the Comptroller General of the United States.
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Reporting— Not later than three 3 months after the date of the enactment of this Act and annually thereafter, the Administrator shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the percentage of all passengers who are provided expedited security screening, and of such passengers so provided, the percentage who are participants in the PreCheck program (who have voluntarily submitted biographic and biometric information for security risk assessments), the percentage who are participants in another trusted traveler program of the Department, the percentage who are participants in the PreCheck program due to the Administrator’s issuance of known traveler numbers, and for the remaining percentage of passengers granted access to expedited security screening in PreCheck security lanes, information on the percentages attributable to each alternative method utilized by the Administration to direct passengers to expedited airport security screening at PreCheck security lanes.
Rule of construction— Nothing in this section may be construed to—
authorize or direct the Administrator to reduce or limit the availability of expedited security screening at an airport; or
limit the authority of the Administrator to use technologies and systems, including passenger screening canines and explosives trace detection, as a part of security screening operations.
Sec. 107 Review of sustained security directives
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In general— Not later than 90 days after the date of the enactment of this Act and annually thereafter, for any security directive that has been in effect for longer than one 1 year, the Administrator shall review the necessity of such directives, from a risk-based perspective.
Briefing to Congress— Upon completion of each review pursuant to subsection (a), the Administrator shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on—
any changes being made to existing security directives as a result of each such review;
the specific threat that is being mitigated by any such directive that will remain in effect; and
the planned disposition of any such directive.
Sec. 108 Maintenance of security-related technology
In general— Title XVI of the Homeland Security Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding at the end the following:
“C Maintenance of Security-Related Technology
“1621. Maintenance validation and oversight
“(a) In general—Not later than 180 days after the date of the enactment of this subtitle, the Administrator shall develop and implement a preventive maintenance validation process for security-related technology deployed to airports.
“(b) Maintenance by Administration personnel at airports—For maintenance to be carried out by Administration personnel at airports, the process referred to in subsection (a) shall include the following:
“(1) Guidance to Administration personnel, equipment maintenance technicians, and other personnel at airports specifying how to conduct and document preventive maintenance actions.
“(2) Mechanisms for the Administrator to verify compliance with the guidance issued pursuant to paragraph (1).
“(c) Maintenance by contractors at airports—For maintenance to be carried out by a contractor at airports, the process referred to in subsection (a) shall require the following:
“(1) Provision of monthly preventive maintenance schedules to appropriate Administration personnel at each airport that includes information on each action to be completed by a contractor.
“(2) Notification to appropriate Administration personnel at each airport when maintenance action is completed by a contractor.
“(3) A process for independent validation by a third party of contractor maintenance.
“(d) Penalties for noncompliance—The Administrator shall require maintenance contracts for security-related technology deployed to airports to include penalties for noncompliance when it is determined that either preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers’ specifications.”
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Inspector General assessment— Not later than one 1 year after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall assess implementation of the requirements under section 1621 of the Homeland Security Act of 2002 (as added by subsection (a) of this section), and provide findings and recommendations with respect to the provision of training to Administration personnel, equipment maintenance technicians, and other personnel under such section 1621 and the availability and utilization of equipment maintenance technicians employed by the Administration.
Clerical amendment— The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1616 the following:
Sec. 110 Aviation Security Advisory Committee consultation
In general— The Administrator shall consult, to the extent practicable, with the Aviation Security Advisory Committee (established pursuant to section 44946 of title 49 of the United States Code) regarding any modification to the prohibited item list prior to issuing a determination about any such modification.
Report on the Transportation Security Oversight Board— Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Transportation Security Oversight Board (established pursuant to section 115 of title 49, United States Code), the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report that includes general information on how often the Board has met, the current composition of the Board, and what activities the Board has undertaken, consistent with the duties specified in subsection (c) of such section. The Secretary may include in such report recommendations for changes to such section in consideration of the provisions of section 44946 of title 49, United States Code.
Technical correction— Subparagraph (A) of section 44946(c)(2) of title 49, United States Code, is amended to read as follows:
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“(A) Terms—The term of each member of the Advisory Committee shall be two 2 years but may continue until such time as a successor member begins serving on the Advisory Committee. A member of the Advisory Committee may be reappointed.”
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
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.
Elements— The pilot program under subsection (a) shall include the following elements:
A full-time presence in three Category X, two Category I, and one Category II airports.
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A duration of at least twelve 12 months from the time private contractor teams are operating at full capacity.
A methodology for evaluating how to integrate private contractor teams into the checkpoint area to detect explosive devices missed by mechanical or human error at other points in the screening process.
Covert testing with inert improvised explosive devices and accurately recreated explosives odor traces to determine the relative effectiveness of a full-time canine team in strengthening checkpoint security.
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.
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.
Funding— Out of funds made available to the Office of the Secretary of Homeland Security, $6,000,000 is authorized to be used to carry out this section.
Sec. 112 Covert testing at airports
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In general— Not later than one 1 year after the date of the enactment of this Act and annually thereafter through 2020, the Administrator shall conduct covert testing on an on-going ongoing basis to test vulnerabilities and identify weaknesses in the measures used to secure the aviation system of the United States. The Administrator shall, on a quarterly basis if practicable, provide to the Inspector General of the Department such testing results, methodology, and data.
Elements— In carrying out the covert testing required under subsection (a), the Administrator shall—
consider security screening and procedures conducted by TSA;
use available threat information and intelligence to determine the types and sizes of simulated threat items and threat item-body location configurations for such covert testing;
use a risk-based approach to determine the location and number of such covert testing;
conduct such covert testing without notifying personnel at airports prior to such covert testing; and
identify reasons for failure when TSA personnel or the screening equipment used do not identify and resolve any threat item used during such a covert test.
Independent review— The Inspector General of the Department shall conduct covert testing of the aviation system of the United States in addition to the covert testing conducted by the Administrator under subsection (a), as appropriate, and analyze TSA covert testing results, methodology, and data provided pursuant to such subsection to determine the sufficiency of TSA covert testing protocols. The Inspector General shall, as appropriate, compare testing results of any additional covert testing conducted pursuant to this subsection with the results of TSA covert testing under subsection (a) to determine systemic weaknesses in the security of the aviation system of the United States.
Corrective action— Not later than 30 days upon completion of any covert testing under subsection (a), the Administrator shall make recommendations and implement corrective actions to mitigate vulnerabilities identified by such covert testing and shall notify the Inspector General of the Department of such recommendations and actions. The Inspector General shall review the extent to which such recommendations and actions are implemented and the degree to which such recommendations and actions improve the security of the aviation system of the United States.
Congressional notification—
By the Administrator— Not later than 30 days upon completion of any covert testing under subsection (a), the Administrator shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the results of such covert testing.
By the Inspector General of the Department— The Inspector General shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate annually on the requirements specified in this section.
Rule of construction— Nothing in this section may be construed to prohibit the Administrator or the Inspector General of the Department from conducting covert testing of the aviation system of the United States with greater frequency than required under this section.
Sec. 201 Surface Transportation Inspectors
In general— Section 1304(d) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113; Public Law 110–53) is amended—
by inserting “surface” after “relevant”; and
by striking “, as determined appropriate”.
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Report to Congress— Not later than one 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report on the efficiency and effectiveness of the Administration’s Surface Transportation Security Inspectors Program under subsection (d) of section 1304 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113; Public Law 110–53).
Contents— The report required under subsection (b) shall include a review of the following:
The roles and responsibilities of surface transportation security inspectors.
The extent to which the TSA has used a risk-based, strategic approach to determine the appropriate number of surface transportation security inspectors and resource allocation across field offices.
Whether TSA’s surface transportation regulations are risk-based and whether surface transportation security inspectors have adequate experience and training to perform their day-to-day responsibilities.
Feedback from regulated surface transportation industry stakeholders on the benefit of surface transportation security inspectors to the overall security of the surface transportation systems of such stakeholders and the consistency of regulatory enforcement.
Whether surface transportation security inspectors have appropriate qualifications to help secure and inspect surface transportation systems.
Whether TSA measures the effectiveness of surface transportation security inspectors.
Any overlap between the TSA and the Department of Transportation as such relates to surface transportation security inspectors in accordance with section 1310 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1117; Public Law 110–53).
The extent to which surface transportation security inspectors review and enhance information security practices and enforce applicable information security regulations and directives.
Any recommendations relating to the efficiency and effectiveness of the TSA’s surface transportation security inspectors program.