H.R. 3584 — what changed
Transportation Security Administration Reform and Improvement Act of 2015
From Introduced in House to Reported in House. 4 sections amended and 3 added between Introduced in House and Reported in House.
Sec. 102 PreCheck and general passenger biometric identification
In general— Not later than one year after the date of enactment of this Act, the Administrator shall conduct a pilot project to establish a secure, automated, biometric-based system at airports to verify the identity of passengers who are members of TSA PreCheck. Such system shall—
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—
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“(1) assess the need for security screening personnel to perform travel document verification for such passengers, thereby reducing 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
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In general— Except as provided in subsection (c), not later than 180 days after the date of the enactment of this Act, 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 date specified in implementation of subsection (a) may be extended delayed by up to one year to implement such subsection 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.
Reporting— Not later than three months after the date of the enactment of this Act and annually thereafter, the Administrator shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the percentage of all passengers who are provided expedited security screening, and of such passengers so provided, the percentage who are participants in the PreCheck program (who have voluntarily submitted biographic and biometric information for security risk assessments), the percentage who are participants in another trusted traveler program of the Department, the percentage who are participants in the PreCheck program due to the Administrator’s issuance of known traveler numbers, and for the remaining percentage of passengers granted access to expedited security screening in PreCheck security lanes, information on the percentages attributable to each alternative method utilized by the Administration to direct passengers to expedited airport security screening at PreCheck security lanes.
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. 105 Efficiency review by TSA
Review required— Not later than 270 days after the date of the enactment of this Act, the Administrator shall conduct and complete a comprehensive, agency-wide efficiency review of the Administration to identify spending reductions and administrative savings through the streamlining and any necessary restructuring of agency divisions to make the Administration more efficient. In carrying out the review under this section, the Administrator shall consider each of the following:
The elimination of any duplicative or overlapping programs and initiatives that can be streamlined.
The elimination of any unnecessary or obsolete rules, regulations, directives, or procedures.
Any other matters the Administrator determines are appropriate.
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Report to Congress— Not later than 30 days after the completion of the efficiency review required under subsection (a), the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report that specifies the results and cost savings expected to be achieved through such efficiency review.review. Such report shall also include information relating to how the Administration may use efficiencies identified through such efficiency review to provide funding to reimburse airports that incurred eligible costs for in-line baggage screening systems.
Sec. 112 Covert testing at airports
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In general— Not later than one year after the date of the enactment of this Act and annually thereafter through 2020, the Administrator shall conduct covert testing on an on-going basis to test vulnerabilities and identify weaknesses in the measures used to secure the aviation system of the United States. The Administrator shall, on a quarterly basis if practicable, provide to the Inspector General of the Department such testing results, methodology, and data.
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Elements— In carrying out the covert testing required under subsection (a), the Administrator shall—
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consider security screening and procedures conducted by TSA;
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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;
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use a risk-based approach to determine the location and number of such covert testing;
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conduct such covert testing without notifying personnel at airports prior to such covert testing; and
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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.
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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.
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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.
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Congressional notification—
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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.
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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.
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Rule of construction— Nothing in this section may be construed to prohibit the Administrator or the Inspector General of the Department from conducting covert testing of the aviation system of the United States with greater frequency than required under this section.
Sec. 113 Training for Transportation Security Officers
addedadded The Administrator shall, on a periodic basis, brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the status of efforts to enhance initial and recurrent training of Transportation Security Officers.
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”.
Report to Congress— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report on the efficiency and effectiveness of the Administration’s Surface Transportation Security Inspectors Program under subsection (d) of section 1304 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113; Public Law 110–53).
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).
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The extent to which surface transportation security inspectors review and enhance information security practices and enforce applicable information security regulations and directives.
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Any recommendations relating to the efficiency and effectiveness of the TSA’s surface transportation security inspectors program.
Sec. 205 Feasibility assessment
addedadded Not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a feasibility assessment of partnering with an independent, not-for-profit organization to help provide venture capital to businesses, particularly small businesses, for commercialization of innovative homeland security technologies that are expected to be ready for commercialization in the near term and within 36 months. In conducting such feasibility assessment, the Administrator shall consider the following:
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Establishing an independent, not-for-profit organization, modeled after the In-Q-tel program, a venture capital partnership between the private sector and the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)), to help businesses, particularly small businesses, commercialize innovative security-related technologies.
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Enhanced engagement, either through the Science and Technology Directorate of the Department of Homeland Security or directly, with the In-Q-tel program described in paragraph (1).