Sec. 112. Covert testing at airports

488 words·~2 min read·/bill/114/hr/3584/rh/section-112

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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. 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.

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. 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. 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. 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. 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.