SEC. 3001. Short Title.
This title may be cited as the “Aviation Security Act of 2016”.
Title III — Aviation Security
TITLE III Aviation Security
SEC. 3002. Definitions.
In this title:
Administrator.— The term “Administrator” means the Administrator of the Transportation Security Administration.
Department.— The term “Department” means the Department of Homeland Security.
Precheck program.— The term “PreCheck Program” means the trusted traveler program implemented by the Transportation Security Administration under section 109(a)(3) of the Aviation and Transportation Security Act (Public Law 107–71; 49 U.S.C. 114 note).
TSA.— The term “TSA” means the Transportation Security Administration.
Subtitle A TSA PreCheck Expansion
SEC. 3101. Precheck Program Authorization.
The Administrator shall continue to administer the PreCheck Program.
SEC. 3102. Precheck Program Enrollment Expansion.
In General.— Not later than 90 days after the date of enactment of this Act, the Administrator shall publish PreCheck Program enrollment standards that add multiple private sector application capabilities for the PreCheck Program to increase the public’s enrollment access to the program, including standards that allow the use of secure technologies, including online enrollment, kiosks, tablets, or staffed laptop stations at which individuals can apply for entry into the program.
Requirements.— Upon publication of the PreCheck Program enrollment standards under subsection (a), the Administrator shall—
coordinate with interested parties—
to deploy TSA-approved ready-to-market private sector solutions that meet the PreCheck Program enrollment standards under such subsection;
to make available additional PreCheck Program enrollment capabilities; and
to offer secure online and mobile enrollment opportunities;
partner with the private sector to collect biographic and biometric identification information via kiosks, mobile devices, or other mobile enrollment platforms to increase enrollment flexibility and minimize the amount of travel to enrollment centers for applicants;
ensure that any information, including biographic information, is collected in a manner that—
is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology; and
protects privacy and data security, including that any personally identifiable information is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States Code (commonly known as “Privacy Act of 1974”), and with agency regulations;
ensure that the enrollment process is streamlined and flexible to allow an individual to provide additional information to complete enrollment and verify identity;
ensure that any enrollment expansion using a private sector risk assessment instead of a fingerprint-based criminal history records check is evaluated and certified by the Secretary of Homeland Security, and verified by the Government Accountability Office or a federally funded research and development center after award to be equivalent to a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to the effectiveness of identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and
ensure that the Secretary has certified that reasonable procedures are in place with regard to the accuracy, relevancy, and proper utilization of information employed in private sector risk assessments.
Marketing of PreCheck Program.— Upon publication of PreCheck Program enrollment standards under subsection (a), the Administrator shall—
in accordance with such standards, develop and implement—
a continual process, including an associated timeframe, for approving private sector marketing of the PreCheck Program; and
a long-term strategy for partnering with the private sector to encourage enrollment in such program;
submit to Congress, at the end of each fiscal year, a report on any PreCheck Program application fees collected in excess of the costs of administering the program, including to assess the feasibility of the program, for such fiscal year, and recommendations for using such fees to support marketing of the program.
Identity Verification Enhancement.— Not later than 120 days after the date of enactment of this Act, the Administrator shall—
coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the citizenship of individuals enrolling in the PreCheck Program;
partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program; and
consider leveraging the existing resources and abilities of airports to conduct fingerprint and background checks to expedite identity verification.
PreCheck Program Lanes Operation.— The Administrator shall—
ensure that PreCheck Program screening lanes are open and available during peak and high-volume travel times at appropriate airports to individuals enrolled in the PreCheck Program; and
make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are closed to individuals enrolled in the program in order to maintain operational efficiency.
Vetting for PreCheck Program Participants.— Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate an assessment to identify any security vulnerabilities in the vetting process for the PreCheck Program, including determining whether subjecting PreCheck Program participants to recurrent fingerprint-based criminal history records checks, in addition to recurrent checks against the terrorist watchlist, could be done in a cost-effective manner to strengthen the security of the PreCheck Program.
Subtitle B Securing Aviation From Foreign Entry Points and Guarding Airports Through Enhanced Security
SEC. 3201. Last Point of Departure Airport Security Assessment.
In General.— Not later than 180 days after the date of enactment of this Act, the Administrator shall conduct a comprehensive security risk assessment of all last point of departure airports with nonstop flights to the United States.
Contents.— The security risk assessment required under subsection (a) shall include consideration of the following:
The level of coordination and cooperation between the TSA and the foreign government of the country in which the last point of departure airport with nonstop flights to the United States is located.
The intelligence and threat mitigation capabilities of the country in which such airport is located.
The number of known or suspected terrorists annually transiting through such airport.
The degree to which the foreign government of the country in which such airport is located mandates, encourages, or prohibits the collection, analysis, and sharing of passenger name records.
The passenger security screening practices, capabilities, and capacity of such airport.
The security vetting undergone by aviation workers at such airport.
The access controls utilized by such airport to limit to authorized personnel access to secure and sterile areas of such airports.
SEC. 3202. Security Coordination Enhancement Plan.
In General.— Not later than 240 days after the date of enactment of this Act, the Administrator shall submit to Congress and the Government Accountability Office a plan—
to enhance and bolster security collaboration, coordination, and information sharing relating to securing international-inbound aviation between the United States and domestic and foreign partners, including U.S. Customs and Border Protection, foreign government entities, passenger air carriers, cargo air carriers, and United States Government entities, in order to enhance security capabilities at foreign airports, including airports that may not have nonstop flights to the United States but are nonetheless determined by the Administrator to be high risk; and
that includes an assessment of the ability of the TSA to enter into a mutual agreement with a foreign government entity that permits TSA representatives to conduct without prior notice inspections of foreign airports.
GAO Review.— Not later than 180 days after the submission of the plan required under subsection (a), the Comptroller General of the United States shall review the efforts, capabilities, and effectiveness of the TSA to enhance security capabilities at foreign airports and determine if the implementation of such efforts and capabilities effectively secures international-inbound aviation.
SEC. 3203. Workforce Assessment.
Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to Congress a comprehensive workforce assessment of all TSA personnel within the Office of Global Strategies of the TSA or whose primary professional duties contribute to the TSA’s global efforts to secure transportation security, including a review of whether such personnel are assigned in a risk-based, intelligence-driven manner.
SEC. 3204. Donation of Screening Equipment to Protect the United States.
In General.— The Administrator is authorized to donate security screening equipment to a foreign last point of departure airport operator if such equipment can be reasonably expected to mitigate a specific vulnerability to the security of the United States or United States citizens.
Report.— Not later than 30 days before any donation of security screening equipment pursuant to subsection (a), the Administrator shall provide 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 detailed written explanation of the following:
The specific vulnerability to the United States or United States citizens that will be mitigated by such donation.
An explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability.
An evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made.
How the Administrator will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient.
The total dollar value of such donation.
SEC. 3205. National Cargo Security Program.
In General.— The Administrator may evaluate foreign countries’ air cargo security programs to determine whether such programs provide a level of security commensurate with the level of security required by United States air cargo security programs.
Approval and Recognition.—
In general.— If the Administrator determines that a foreign country’s air cargo security program evaluated under subsection (a) provides a level of security commensurate with the level of security required by United States air cargo security programs, the Administrator shall approve and officially recognize such foreign country’s air cargo security program.
Effect of approval and recognition.— If the Administrator approves and officially recognizes pursuant to paragraph (1) a foreign country’s air cargo security program, an aircraft transporting cargo that is departing such foreign country shall not be required to adhere to United States air cargo security programs that would otherwise be applicable.
Revocation and Suspension.—
In general.— If the Administrator determines at any time that a foreign country’s air cargo security program approved and officially recognized under subsection (b) no longer provides a level of security commensurate with the level of security required by United States air cargo security programs, the Administrator may revoke or temporarily suspend such approval and official recognition until such time as the Administrator determines that such foreign country’s cargo security programs provide a level of security commensurate with the level of security required by such United States air cargo security programs.
Notification.— If the Administrator revokes or suspends pursuant to paragraph (1) a foreign country’s air cargo security program, the Administrator shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after such revocation or suspension.
Application.— This section shall apply irrespective of whether cargo is transported on an aircraft of an air carrier, a foreign air carrier, a cargo carrier, or a foreign cargo carrier.
SEC. 3206. International Training and Capacity Development.
In General.— The Administrator shall establish an international training and capacity development program to train the appropriate authorities of foreign governments in air transportation security.
Contents of Training.— If the Administrator determines that a foreign government would benefit from training and capacity development assistance pursuant to subsection (a), the Administrator may provide to the appropriate authorities of such foreign government technical assistance and training programs to strengthen aviation security in managerial, operational, and technical areas, including—
active shooter scenarios;
incident response;
use of canines;
mitigation of insider threats;
perimeter security;
operation and maintenance of security screening technology; and
recurrent related training and exercises.
Subtitle C Checkpoint Optimization and Efficiency
SEC. 3301. Sense of Congress.
It is the sense of Congress that airport checkpoint wait times should not take priority over the security of the aviation system of the United States.
SEC. 3302. Enhanced Staffing Allocation Model.
In General.— Not later than 30 days after the date of the enactment of this Act, the Administrator shall complete an assessment of the TSA’s staffing allocation model to determine the necessary staffing positions at all airports in the United States at which the TSA operates passenger checkpoints.
Appropriate Staffing.— The staffing allocation model described in subsection (a) shall be based on necessary staffing levels to maintain minimal passenger wait times and maximum security effectiveness.
Additional Resources.— In assessing necessary staffing for minimal passenger wait times and maximum security effectiveness referred to in subsection (b), the Administrator shall include the use of canine explosives detection teams and technology to assist screeners conducting security checks.
Transparency.— The Administrator shall share with aviation security stakeholders the staffing allocation model described in subsection (a), as appropriate.
Exchange of Information.— The Administrator shall require each Federal Security Director to engage on a regular basis with the appropriate aviation security stakeholders to exchange information regarding airport operations, including security operations.
GAO Review.— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall review the staffing allocation model described in subsection (a) and 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 results of such review.
SEC. 3303. Effective Utilization of Staffing Resources.
In General.— To the greatest extent practicable, the Administrator shall direct that Transportation Security Officers with appropriate certifications and training are assigned to passenger and baggage security screening functions and that other TSA personnel who may not have certification and training to screen passengers or baggage are utilized for tasks not directly related to security screening, including restocking bins and providing instructions and support to passengers in security lines.
Assessment and Reassignment.— The Administrator shall conduct an assessment of headquarters personnel and reassign appropriate personnel to assist with airport security screening activities on a permanent or temporary basis, as appropriate.
SEC. 3304. Tsa Staffing and Resource Allocation.
In General.— Not later than 30 days after the date of the enactment of this Act, the Administrator shall take the following actions:
Utilize the TSA’s Behavior Detection Officers for passenger and baggage security screening, including the verification of traveler documents, particularly at designated PreCheck Program lanes to ensure that such lanes are operational for use and maximum efficiency.
Make every practicable effort to grant additional flexibility and authority to Federal Security Directors in matters related to checkpoint and checked baggage staffing allocation and employee overtime in furtherance of maintaining minimal passenger wait times and maximum security effectiveness.
Disseminate to aviation security stakeholders and appropriate TSA personnel a list of checkpoint optimization best practices.
Request the Aviation Security Advisory Committee (established pursuant to section 44946 of title 49, United States Code) provide recommendations on best practices for checkpoint security operations optimization.
Staffing Advisory Coordination.— Not later than 30 days after the date of the enactment of this Act, the Administrator shall—
direct each Federal Security Director to coordinate local representatives of aviation security stakeholders to establish a staffing advisory working group at each airport at which the TSA oversees or performs passenger security screening to provide recommendations to the Administrator on Transportation Security Officer staffing numbers, for each such airport; and
certify to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that such staffing advisory working groups have been established.
Reporting.— Not later than 60 days after the date of the enactment of this Act, 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 regarding how the TSA’s Passenger Screening Canine assets may be deployed and utilized for maximum efficiency to mitigate risk and optimize checkpoint operations; and
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 status of the TSA’s Credential Authentication Technology Assessment program and how deployment of such program might optimize checkpoint operations.
SEC. 3305. Aviation Security Stakeholders Defined.
For purposes of this subtitle, the term “aviation security stakeholders” shall mean, at a minimum, air carriers, airport operators, and labor organizations representing Transportation Security Officers or, where applicable, contract screeners.
SEC. 3306. Rule of Construction.
Nothing in this subtitle may be construed as authorizing or directing the Administrator to prioritize reducing wait times over security effectiveness.
Subtitle D Aviation Security Enhancement and Oversight
SEC. 3401. Definitions.
In this subtitle:
Appropriate congressional committees.— The term “appropriate congressional committees” means—
the Committee on Homeland Security of the House of Representatives;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Commerce, Science, and Transportation of the Senate.
ASAC.— The term “ASAC” means the Aviation Security Advisory Committee established under section 44946 of title 49, United States Code.
Secretary.— The term “Secretary” means the Secretary of Homeland Security.
SIDA.— The term “SIDA” means the Secure Identification Display Area as such term is defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section.
SEC. 3402. Threat Assessment.
Insider Threats.—
In general.— Not later than 90 days after the date of the enactment of this Act, the Administrator shall conduct or update an assessment to determine the level of risk posed to the domestic air transportation system by individuals with unescorted access to a secure area of an airport (as such term is defined in section 44903(j)(2)(H)) in light of recent international terrorist activity.
Considerations.— In conducting or updating the assessment under paragraph (1), the Administrator shall consider—
domestic intelligence;
international intelligence;
the vulnerabilities associated with unescorted access authority granted to domestic airport operators and air carriers, and their workers;
the vulnerabilities associated with unescorted access authority granted to foreign airport operators and air carriers, and their workers;
the processes and practices designed to mitigate the vulnerabilities associated with unescorted access privileges granted to airport operators and air carriers, and their workers;
the recent security breaches at domestic and foreign airports; and
the recent security improvements at domestic airports, including the implementation of recommendations made by relevant advisory committees, including the ASAC.
Reports.— The Administrator shall submit to the appropriate congressional committees—
a report on the results of the assessment under subsection (a), including any recommendations for improving aviation security;
a report on the implementation status of any recommendations made by the ASAC; and
regular updates about the insider threat environment as new information becomes available or as needed.
SEC. 3403. Oversight.
Enhanced Requirements.—
In general.— Subject to public notice and comment, and in consultation with airport operators, the Administrator shall update the rules on access controls issued by the Secretary under chapter 449 of title 49, United States Code.
Considerations.— As part of the update under paragraph (1), the Administrator shall consider—
increased fines and advanced oversight for airport operators that report missing more than five percent of credentials for unescorted access to any SIDA of an airport;
best practices for Category X airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport;
additional audits and status checks for airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport;
review and analysis of the prior five years of audits for airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport;
increased fines and direct enforcement requirements for both airport workers and their employers that fail to report within 24 hours an employment termination or a missing credential for unescorted access to any SIDA of an airport; and
a method for termination by the employer of any airport worker who fails to report in a timely manner missing credentials for unescorted access to any SIDA of an airport.
Temporary Credentials.— The Administrator may encourage the issuance by airports and aircraft operators of free, one-time, 24-hour temporary credentials for workers who have reported, in a timely manner, their credentials missing, but not permanently lost, stolen, or destroyed, until replacement of credentials under section 1542.211 of title 49 Code of Federal Regulations is necessary.
Notification and Report to Congress.— The Administrator shall—
notify the appropriate congressional committees each time an airport operator reports that more than three percent of credentials for unescorted access to any SIDA at a Category X airport are missing, or more than five percent of credentials to access any SIDA at any other airport are missing; and
submit to the appropriate congressional committees an annual report on the number of violations and fines related to unescorted access to the SIDA of an airport collected in the preceding fiscal year.
SEC. 3404. Credentials.
Lawful Status.— Not later than 90 days after the date of the enactment of this Act, the Administrator shall issue to airport operators guidance regarding placement of an expiration date on each airport credential issued to a non-United States citizen that is not longer than the period of time during which such non-United States citizen is lawfully authorized to work in the United States.
Review of Procedures.—
In general.— Not later than 90 days after the date of the enactment of this Act, the Administrator shall—
issue guidance for transportation security inspectors to annually review the procedures of airport operators and air carriers for applicants seeking unescorted access to any SIDA of an airport; and
make available to airport operators and air carriers information on identifying suspicious or fraudulent identification materials.
Inclusions.— The guidance issued pursuant to paragraph (1) shall require a comprehensive review of background checks and employment authorization documents issued by United States Citizenship and Immigration Services during the course of a review of procedures under such paragraph.
SEC. 3405. Vetting.
Eligibility Requirements.—
In general.— Not later than 180 days after the date of the enactment of this Act, and subject to public notice and comment, the Administrator shall revise the regulations issued under section 44936 of title 49, United States Code, in accordance with this section and current knowledge of insider threats and intelligence under section 3502, to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport.
Disqualifying criminal offenses.— In revising the regulations under paragraph (1), the Administrator shall consider adding to the list of disqualifying criminal offenses and criteria the offenses and criteria listed in section 122.183(a)(4) of title 19, Code of Federal Regulations and section 1572.103 of title 49, Code of Federal Regulations.
Waiver process for denied credentials.— Notwithstanding section 44936(b) of title 49, United States Code, in revising the regulations under paragraph (1) of this subsection, the Administrator shall—
ensure there exists or is developed a waiver process for approving the issuance of credentials for unescorted access to any SIDA of an airport for an individual found to be otherwise ineligible for such credentials; and
consider, as appropriate and practicable—
the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk or a risk to aviation security warranting denial of the credential; and
the elements of the appeals and waiver process established under section 70105(c) of title 46, United States Code.
Look back.— In revising the regulations under paragraph (1), the Administrator shall propose that an individual be disqualified if the individual was convicted, or found not guilty by reason of insanity, of a disqualifying criminal offense within 15 years before the date of an individual’s application, or if the individual was incarcerated for such crime and released from incarceration within five years before the date of the individual’s application.
Certifications.— The Administrator shall require an airport or aircraft operator, as applicable, to certify for each individual who receives unescorted access to any SIDA of an airport that—
a specific need exists for providing the individual with unescorted access authority; and
the individual has certified to the airport or aircraft operator that the individual understands the requirements for possessing a SIDA badge.
Report to congress.— Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the status of the revision to the regulations issued under section 44936 of title 49, United States Code, in accordance with this section.
Rule of construction.— Nothing in this subsection may be construed to affect existing aviation worker vetting fees imposed by the TSA.
Recurrent Vetting.—
In general.— Not later than 90 days after the date of the enactment of this Act, the Administrator and the Director of the Federal Bureau of Investigation shall fully implement the Rap Back service for recurrent vetting of eligible TSA-regulated populations of individuals with unescorted access to any SIDA of an airport.
Requirements.— As part of the requirement in paragraph (1), the Administrator shall ensure that—
any status notifications the TSA receives through the Rap Back service about criminal offenses be limited to only disqualifying criminal offenses in accordance with the regulations promulgated by the TSA under section 44903 of title 49, United States Code, or other Federal law; and
any information received by the Administration through the Rap Back service is provided directly and immediately to the relevant airport and aircraft operators.
Report to congress.— Not later than 30 days after implementation of the Rap Back service described in paragraph (1), the Administrator shall submit to the appropriate congressional committees a report on the such implementation.
Access to Terrorism-Related Data.— Not later than 30 days after the date of the enactment of this Act, the Administrator and the Director of National Intelligence shall coordinate to ensure that the Administrator is authorized to receive automated, real-time access to additional Terrorist Identities Datamart Environment (TIDE) data and any other terrorism-related category codes to improve the effectiveness of the TSA’s credential vetting program for individuals who are seeking or have unescorted access to any SIDA of an airport.
Access to E–Verify and SAVE Programs.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall authorize each airport operator to have direct access to the E–Verify program and the Systematic Alien Verification for Entitlements (SAVE) automated system to determine the eligibility of individuals seeking unescorted access to any SIDA of an airport.
SEC. 3406. Metrics.
In General.— Not later than one year after the date of the enactment of this Act, the Administrator shall develop and implement performance metrics to measure the effectiveness of security for the SIDAs of airports.
Considerations.— In developing the performance metrics under subsection (a), the Administrator may consider—
adherence to access point procedures;
proper use of credentials;
differences in access point requirements between airport workers performing functions on the airside of an airport and airport workers performing functions in other areas of an airport;
differences in access point characteristics and requirements at airports; and
any additional factors the Administrator considers necessary to measure performance.
SEC. 3407. Inspections and Assessments.
Model and Best Practices.— Not later than 180 days after the date of the enactment of this Act, the Administrator, in consultation with the ASAC, shall develop a model and best practices for unescorted access security that—
use intelligence, scientific algorithms, and risk-based factors;
ensure integrity, accountability, and control;
subject airport workers to random physical security inspections conducted by TSA representatives in accordance with this section;
appropriately manage the number of SIDA access points to improve supervision of and reduce unauthorized access to SIDAs; and
include validation of identification materials, such as with biometrics.
Inspections.— Consistent with a risk-based security approach, the Administrator shall expand the use of transportation security officers and inspectors to conduct enhanced, random and unpredictable, data-driven, and operationally dynamic physical inspections of airport workers in each SIDA of an airport and at each SIDA access point to—
verify the credentials of such airport workers;
determine whether such airport workers possess prohibited items, except for those items that may be necessary for the performance of such airport workers’ duties, as appropriate, in any SIDA of an airport; and
verify whether such airport workers are following appropriate procedures to access any SIDA of an airport.
Screening Review.—
In general.— The Administrator shall conduct a review of airports that have implemented additional airport worker screening or perimeter security to improve airport security, including—
comprehensive airport worker screening at access points to secure areas;
comprehensive perimeter screening, including vehicles;
enhanced fencing or perimeter sensors; and
any additional airport worker screening or perimeter security measures the Administrator identifies.
Best practices.— After completing the review under paragraph (1), the Administrator shall—
identify best practices for additional access control and airport worker security at airports; and
disseminate to airport operators the best practices identified under subparagraph (A).
Pilot program.— The Administrator may conduct a pilot program at one or more airports to test and validate best practices for comprehensive airport worker screening or perimeter security under paragraph (2).
SEC. 3408. Covert Testing.
In General.— The Administrator shall increase the use of red-team, covert testing of access controls to any secure areas of an airport.
Additional Covert Testing.— The Inspector General of the Department of Homeland Security shall conduct red-team, covert testing of airport access controls to the SIDAs of airports.
Reports to Congress.—
Administrator report.— Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the progress to expand the use of inspections and of red-team, covert testing under subsection (a).
Inspector general report.— Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the appropriate congressional committees a report on the effectiveness of airport access controls to the SIDAs of airports based on red-team, covert testing under subsection (b).
SEC. 3409. Security Directives.
Review.— Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Administrator, in consultation with the appropriate regulated entities, shall conduct a comprehensive review of every current security directive addressed to any regulated entity to—
determine whether each such security directive continues to be relevant;
determine whether such security directives should be streamlined or consolidated to most efficiently maximize risk reduction; and
update, consolidate, or revoke any security directive as necessary.
Notice.— For each security directive that the Administrator issues, the Administrator shall submit to the appropriate congressional committees notice of—
the extent to which each such security directive responds to a specific threat, security threat assessment, or emergency situation against civil aviation; and
when it is anticipated that each such security directive will expire.
SEC. 3410. Implementation Report.
Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall—
assess the progress made by the TSA and the effect on aviation security of implementing the requirements under sections 3402 through 3409 of this subtitle; and
report to the appropriate congressional committees on the results of the assessment under paragraph (1), including any recommendations.
SEC. 3411. Miscellaneous Amendments.
ASAC Terms of Office.— 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 a member may continue to serve until a successor is appointed. A member of the Advisory Committee may be reappointed.”
Feedback.— Paragraph (5) of section 44946(b) of title 49, United States Code, is amended by striking “ paragraph (4)” and inserting “ paragraph (2) or (4)”.
Subtitle E Checkpoints of the Future
SEC. 3501. Checkpoints of the Future.
In General.— The Administrator, in accordance with chapter 449 of title 49, United States Code, shall request the Aviation Security Advisory Committee (established pursuant to section 44946 of such title) to develop recommendations for more efficient and effective passenger screening processes.
Considerations.— In making recommendations to improve existing passenger screening processes, the Aviation Security Advisory Committee shall consider—
the configuration of a checkpoint;
technology innovation;
ways to address any vulnerabilities identified in audits of checkpoint operations;
ways to prevent security breaches at airports at which Federal security screening is provided;
best practices in aviation security;
recommendations from airports and aircraft operators, and any relevant advisory committees; and
“curb to curb” processes and procedures.
Report.— Not later than one year after the date of 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 report on the results of the Aviation Security Advisory Committee review under this section, including any recommendations for improving passenger screening processes.
SEC. 3502. Pilot Program for Increased Efficiency and Security at Category X Airports.
In General.— The Administrator shall establish a pilot program at at least three and not more than six airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly at airports that have large open areas at which screening is conducted.
Selection of Airports.— In selecting airports for the pilot program established under subsection (a), the Administrator shall—
select airports from among airports classified by the TSA as Category X airports and that are able to begin the reconfiguration and installation of security systems expeditiously; and
give priority to an airport that—
submits a proposal that seeks Federal funding for reconfiguration of such airport’s security systems;
has the space needed to reduce vulnerabilities and reconfigure existing security systems; and
is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided funding towards the cost of such pilot program.
SEC. 3503. Pilot Program for the Development and Testing of Prototypes for Airport Security Systems.
In General.— The Administrator shall establish a pilot program at three airports to develop and test prototypes of screening security systems and security checkpoint configurations that are intended to expedite the movement of passengers by deploying a range of technologies, including passive and active systems, new types of security baggage and personal screening systems, and new systems to review and address passenger and baggage anomalies.
Selection of Airports.— In selecting airports for the pilot program established under subsection (a), the Administrator shall—
select airports from among airports classified by the TSA as Category X airports that are able to begin the reconfiguration and installation of security systems expeditiously;
consider detection capabilities; and
give priority to an airport that—
submits a proposal that seeks Federal funding to test prototypes for new airport security systems;
has the space needed to reduce vulnerabilities and reconfigure existing security systems; and
is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided funding towards the cost of such pilot program.
SEC. 3504. Report Required.
Not later than 90 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 and a report on the pilot programs established under sections 3502 and 3503 of this subtitle.
SEC. 3505. Funding.
The Administrator shall carry out the pilot programs established under sections 3502 and 3503 of this subtitle using amounts—
appropriated to the TSA before the date of the enactment of this Act and available for obligation as of such date of enactment; and
amounts obtained as reimbursements from airports under such pilot programs.
SEC. 3506. Acceptance and Provision of Resources by the Transportation Security Administration.
The Administrator, in carrying out the functions of the pilot programs established under sections 3502 and 3503 of this subtitle, may accept services, supplies, equipment, personnel, or facilities, without reimbursement, from any other public or private entity.
Subtitle F Miscellaneous Provisions
SEC. 3601. Visible Deterrent.
Section 1303 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is amended—
in subsection (a)—
in paragraph (3), by striking “ and” at the end;
in paragraph (4), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following new paragraph:
“(5) shall require, as appropriate based on risk, in the case of a VIPR team deployed to an airport, that the VIPR team conduct operations—
“(A) in the sterile area and any other areas to which only individuals issued security credentials have unescorted access; and
“(B) in nonsterile areas.”
; and
in subsection (b), by striking “ such sums as necessary for fiscal years 2007 through 2011” and inserting “ such sums as necessary, including funds to develop not more than 60 VIPR teams, for fiscal years 2016 through 2018”.
SEC. 3602. Law Enforcement Training for Mass Casualty and Active Shooter Incidents.
Paragraph (2) of section 2006(a) of the Homeland Security Act of 2002 (6 U.S.C. 607(a)) is amended—
by redesignating subparagraphs (E) through (I) as subparagraphs (F) through (J), respectively; and
by inserting after subparagraph (D) the following new subparagraph:
“(E) training exercises to enhance preparedness for and response to mass casualty and active shooter incidents and security events at public locations, including airports and mass transit systems;”
SEC. 3603. Assistance to Airports and Surface Transportation Systems.
Subsection (a) of section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended—
by redesignating paragraphs (9) through (13) as paragraphs (10) through (14), respectively; and
by inserting after paragraph (8) the following new paragraph:
“(9) enhancing the security and preparedness of secure and nonsecure areas of eligible airports and surface transportation systems;”