[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5909 Referred in Senate (RFS)]
2d Session
H. R. 5909
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 19, 2008
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To amend the Aviation and Transportation Security Act to prohibit
advance notice to certain individuals, including security screeners, of
covert testing of security screening procedures for the purpose of
enhancing transportation security at airports, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Catching Operational Vulnerabilities
by Ensuring Random Testing Act of 2008'' or the ``COVERT Act of 2008''.
SEC. 2. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY
SCREENERS.
Section 111 of the Aviation and Transportation Security Act (Public
Law 107-71; 49 U.S.C. 44935 note) is amended--
(1) by striking the section enumerator and heading and
inserting the following:
``SEC. 111. TRAINING, EMPLOYMENT, AND TESTING OF SECURITY SCREENING
PERSONNEL.''; AND
(2) by adding at the end the following:
``(e) Prohibition of Advance Notice to Security Screeners of Covert
Testing and Evaluation.--
``(1) In general.--The Secretary of Homeland Security shall
ensure that information concerning a covert test of a
transportation security system to be conducted by a covert
testing office, the Inspector General of the Department of
Homeland Security, or the Government Accountability Office is
not provided to any individual prior to the completion of the
test.
``(2) Exceptions.--Notwithstanding paragraph (1)--
``(A) an individual may provide information
concerning a covert test of a transportation security
system to employees, officers, and contractors of the
Federal Government (including military personnel);
employees and officers of State and local governments;
and law enforcement officials, who are authorized to
receive or directed to be provided such information by
the Assistant Secretary of Homeland Security
(Transportation Security Administration), the Inspector
General of the Department of Homeland Security, or the
Comptroller General of the United States, as the case
may be; and
``(B) for the purpose of ensuring the security of
any individual in the vicinity of a site where a covert
test of a transportation security system is being
conducted, an individual conducting the test may
disclose his or her status as an individual conducting
the test to any appropriate individual if a security
screener or other individual who is not a covered
employee identifies the individual conducting the test
as a potential threat.
``(3) Special rules for the transportation security
administration.--
``(A) Monitoring and security of testing
personnel.--The head of each covert testing office
shall ensure that a person or group of persons
conducting a covert test of a transportation security
system for the covert testing office is accompanied at
the site of the test by a cover team comprised of one
or more employees of the covert testing office for the
purpose of monitoring the test and confirming the
identity of personnel involved in the test under
subparagraph (B).
``(B) Responsibility of cover team.--Under this
paragraph, a cover team for a covert test of a
transportation security system shall--
``(i) monitor the test; and
``(ii) for the purpose of ensuring the
security of any individual in the vicinity of a
site where the test is being conducted,
confirm, notwithstanding paragraph (1), the
identity of any individual conducting the test
to any appropriate individual if a security
screener or other individual who is not a
covered employee identifies the individual
conducting the test as a potential threat.
``(C) Aviation screening.--Notwithstanding
subparagraph (A), the Transportation Security
Administration is not required to have a cover team
present during a test of the screening of persons,
carry-on items, or checked baggage at an aviation
security checkpoint at or serving an airport if the
test--
``(i) is approved by the Federal Security
Director for such airport; and
``(ii) is carried out under an aviation
screening assessment program of the Department
of Homeland Security.
``(D) Use of other personnel.--The Transportation
Security Administration may use employees, officers,
and contractors of the Federal Government (including
military personnel) and employees and officers of State
and local governments to conduct covert tests.
``(4) Impact study and report on covert testing
procedures.--
``(A) Impact study.--The Secretary of Homeland
Security shall conduct a study of the impact of the
implementation of this subsection on the Department of
Homeland Security's efforts to improve transportation
security.
``(B) Requirements.--The study under subparagraph
(A) shall include an assessment of--
``(i) the impact of the implementation of
this subsection on personnel of the Department
of Homeland Security;
``(ii) the impact of such implementation on
information sharing within the Department;
``(iii) best practices for integrating the
topic of covert testing into existing training
and testing programs for personnel of the
Department; and
``(iv) the effectiveness of covert testing
as a method to improve security.
``(C) Report.--Not later than 270 days after the
date of the enactment of this subsection, the Secretary
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 report that contains--
``(i) the results of the study under
subparagraph (A);
``(ii) recommendations for changes to the
training of personnel of the Department that
are necessary to ensure compliance with the
requirements of this subsection; and
``(iii) recommendations to improve the
effectiveness of the implementation of this
subsection.
``(5) Definitions.--For purposes of this subsection, the
following definitions apply:
``(A) Appropriate individual.--The term
`appropriate individual', as used with respect to a
covert test of a transportation security system, means
any individual that--
``(i) the individual conducting the test
determines needs to know his or her status as
an individual conducting a test under paragraph
(2)(B); or
``(ii) the cover team monitoring the test
under paragraph (3)(B)(i) determines needs to
know the identity of an individual conducting
the test.
``(B) Covered employee.--The term `covered
employee' means any individual who receives notice of a
covert test before the completion of a test under
paragraph (2)(A).
``(C) Covert test.--
``(i) In general.--The term `covert test'
means an exercise or activity conducted by a
covert testing office, the Inspector General of
the Department of Homeland Security, or the
Government Accountability Office to
intentionally test, compromise, or circumvent
transportation security systems to identify
vulnerabilities in such systems.
``(ii) Limitation.--Notwithstanding clause
(i), the term `covert test' does not mean an
exercise or activity by an employee or
contractor of the Transportation Security
Administration to test or assess compliance
with regulations under title 49 of the Code of
Federal Regulations.
``(D) Covert testing office.--The term `covert
testing office' means any office of the Transportation
Security Administration designated by the Assistant
Secretary of Homeland Security (Transportation Security
Administration) to conduct covert tests of
transportation security systems.
``(E) Employee of a covert testing office.--The
term `employee of a covert testing office' means an
individual who is an employee of a covert testing
office or a contractor or an employee of a contractor
of a covert testing office.''.
Passed the House of Representatives June 18, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.