[DOCID: f:hr687.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-687
======================================================================
CATCHING OPERATIONAL VULNERABILITIES BY ENSURING RANDOM TESTING ACT OF
2008 (COVERT ACT OF 2008)
_______
June 5, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 5909]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred the
bill (H.R. 5909) 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,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 4
Hearings......................................................... 4
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Congressional Budget Office Estimate............................. 6
Statement of General Performance Goals and Objectives............ 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 7
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 7
Constitutional Authority Statement............................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.''.
Purpose and Summary
The purpose of H.R. 5909 is 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.
Background and Need for Legislation
There have been a number of incidents reported where it
appears that covert tests of transportation security systems
may have been compromised by individuals providing advance
notice of the covert tests to transportation security officers.
Specifically, the Department of Homeland's Office of Inspector
General (DHS OIG) found that between August 2003 and May 2004,
Transportation Security Administration (TSA) officials at San
Francisco International Airport compromised DHS OIG covert
testing efforts by tracking testers throughout the airport via
surveillance cameras and notifying screening personnel in
advance of the testers arriving at security checkpoints. Then
Transportation Security Officers at the Jackson-Evers
International Airport in Jackson, MS reported that they
received advance notice of covert tests conducted by TSA's
Office of Inspection on February 12, 2004. In addition, the
Committee on Homeland Security conducted an investigation into
these matters and discovered a third incident involving an
April 2006 e-mail from TSA's Office of Security Operations to
all Federal Security Directors and other TSA airport officials
informing them of testing at airports throughout the country.
Additionally, the Committee on Homeland Security held a
hearing entitled ``Cover Blown--Did TSA Tip-Off Airport
Screeners about Covert Testing?'' on November 14, 2007.
This bill was introduced to legally prohibit individuals
from providing advance notice of covert tests to security
screeners or any other individuals without approval from 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.
Hearings
On April 19, 2007, the Subcommittee on Transportation
Security and Infrastructure Protection held a hearing entitled
``Airport Security: The Necessary Improvements to Secure
America's Airports.'' The Subcommittee received testimony from
Hon. Edmund ``Kip'' Hawley, Assistant Secretary, Transportation
Security Administration, Department of Homeland Security; Ms.
Lauren Stover, Assistant Aviation Director for Security and
Communications, Miami-Dade Aviation Department; Mr. Greg
Principato, President, Airports Council International--North
America; and Mr. William E. Holden, Senior Vice President of
Operations, Covenant Homeland Security Solutions.
On October 16, 2007, the Subcommittee on Transportation
Security and Infrastructure Protection held a hearing entitled
``Aviation Security: Are We Truly Protected?'' The Subcommittee
received testimony from Ms. Cathleen A. Berrick, Director,
Homeland Security and Justice Issues, Government Accountability
Office; Hon. Edmund ``Kip'' Hawley, Assistant Secretary,
Transportation Security Administration, Department of Homeland
Security; and Mr. Franklin Hatfield, Director, System
Operations Security Office, Federal Aviation Administration,
Department of Transportation.
On November 1, 2007, the Subcommittee on Transportation
Security and Infrastructure Protection held a hearing entitled
``Aviation Security Part II: A Frontline Perspective on the
Need for Enhanced Human Resources and Equipment.'' The
Subcommittee received testimony from Mr. John Gage, National
President, American Federation of Government Employees, AFL-
CIO; Ms. Patricia A. Friend, International President,
Association of Flight Attendants--CWA, AFL-CIO; and Mr. Robert
Hesselbein, Chairman, National Security Committee, Air Line
Pilots Association, International.
On November 14, 2007, the Committee held a hearing entitled
``Cover Blown--Did TSA Tip Off Airport Screeners about Covert
Testing?'' The Committee received testimony from Hon. Edmund
``Kip'' Hawley, Assistant Secretary, Transportation Security
Administration, Department of Homeland Security; Mr. Gregory
Kutz, Managing Director, Office of Forensic Audits and Special
Investigations, Government Accountability Office; Hon. Clark
Kent Ervin, Director, Homeland Security Program, The Aspen
Institute.
Committee Consideration
H.R. 5909 was introduced in the House on April 24, 2008, by
Mrs. Lowey and referred solely to the Committee on Homeland
Security. Within the Committee, H.R. 5909 was referred to the
Subcommittee on Transportation Security and Infrastructure
Protection.
The Subcommittee on Transportation Security and
Infrastructure Protection met on Thursday, May 1, 2008, to
consider H.R. 5909 and adopted H.R. 5909, as amended, by voice
vote.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by Ms.
Jackson-Lee (#1); was AGREED TO by voice vote.
The Chairman discharged the Subcommittee on Transportation
Security and Infrastructure Protection from further
consideration of H.R. 5909 on May 20, 2008.
The Committee on Homeland Security considered H.R. 5909 on
May 20, 2008, and ordered the measure reported to the House
with a favorable recommendation, as amended, by unanimous
consent.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by Mrs.
Lowey (#1); was AGREED TO by unanimous consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during Committee
consideration.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5909, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
June 3, 2008.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5909, the Catching
Operational Vulnerabilities by Ensuring Random Testing Act of
2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 5909--Catching Operational Vulnerabilities by Ensuring Random
Testing Act of 2008
H.R. 5909 would specify certain procedures for the
Transportation Security Administration (TSA) to follow when
conducting covert tests of transportation systems and require
the agency to report on the effect that those procedures have
on the agency's efforts to improve transportation security.
Based on information from TSA, CBO estimates that
implementing H.R. 5909 would have no significant impact on the
federal budget. According to TSA, enacting H.R. 5909 would not
significantly affect the agency's costs to conduct covert
tests, and CBO estimates that the cost of meeting the bill's
reporting requirements would be negligible. Any such costs
would be subject to the availability of appropriated funds.
H.R. 5909 would not affect direct spending or receipts.
H.R. 5909 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, H.R. 5909 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
The Catching Operational Vulnerabilities by Ensuring Random
Testing Act of 2008 prohibits the advance notice of covert
tests of transportation security systems to ensure that covert
tests of these systems are not compromised. This bill
establishes a procedure by which the Transportation Security
Administration (TSA), the Department of Homeland Security's
Inspector General, and the Comptroller of the United States can
provide limited advance notice of covert tests to certain
personnel before the tests occur. This established procedure
will add increased integrity, uniformity, and accountability to
covert testing without hampering this vital and important
function in protecting America's transportation systems.
Further, by creating a flexible process by which the Assistant
Secretary for the Transportation Security Administration and
those within the TSA can continue to conduct localized tests of
security screeners and transportation security systems, this
bill will not reduce or diminish the efforts of TSA's Federal
Security Directors with respect to their individual areas and
facilities of responsibility. Finally, by preparing and
providing an Impact Study and Report to Congress on the impact
of training and best practices to train the workforce, Congress
can conduct adequate oversight on this issue.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section designates the short title of H.R. 5909 as the
``Catching Operational Vulnerabilities by Ensuring Random
Testing Act of 2008'' or the ``COVERT Act of 2008''.
Section 2. Prohibition of advance notice of covert testing to security
screeners
This section amends section 111 of the Aviation and
Transportation Security Act (Pub. L. 107-71), to prohibit
advance notice to individuals, including security screeners, of
covert testing of transportation security screening procedures.
Section 111 prohibits any individual participating in
covert testing to provide advance notice or information
concerning covert tests, prior to the test's completion, to any
individual. Additionally, this section provides the Assistant
Secretary of the Department of Homeland Security
(Transportation Security Administration), the Inspector General
of the Department of Homeland Security, and Comptroller General
of the United States the authority to provide advance notice of
covert tests to Federal Officers and Law Enforcement Officials.
This section also allows individuals conducting covert tests to
inform others they are conducting a covert test in instances
where they are identified as a potential threat for purposes of
ensuring the security of individuals in the vicinity.
Additionally, this section establishes a cover team to
monitor testing personnel for the purpose of ensuring the
security of transportation security screeners, the traveling
public, individuals conducting the test, or any others within
the vicinity of the test. Each head of a covert testing office
shall ensure that a cover team, comprised of one or more
individuals, is present during a covert test in order to
monitor testing and confirm the identity of those conducting
the test. The Transportation Security Administration (TSA) is
not required to provide a cover team during tests to screen
persons, carry-on items, or checked baggage at an aviation
security checkpoint, or a checkpoint that is serving an
airport, if the test is approved by a Federal Security Director
and carried out under an aviation screening assessment program
of the Department of Homeland Security. The Committee does not
intend the cover team requirement to apply to TSA's locally
based aviation covert testing program managed by Federal
Security Directors at their respective airports. In addition,
due to the limited availability of testing personnel for TSA's
locally based aviation covert testing program, this section
allows the TSA to 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.
Further, this section requires the Secretary to conduct an
impact study. Specifically, the study shall include a summary
of best practices on how to best integrate covert testing into
other training and testing programs; recommendations on the
implementation and execution of this section; and an assessment
on the results of covert testing for improving security. A
report on the study and its results, including recommendations
required for personnel training, is due to the named committees
of jurisdiction.
This section also establishes the definition of terms used
within this bill.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 111 OF THE AVIATION AND TRANSPORTATION SECURITY ACT
[SEC. 111. TRAINING AND EMPLOYMENT OF SECURITY SCREENING PERSONNEL.]
SEC. 111. TRAINING, EMPLOYMENT, AND TESTING OF SECURITY SCREENING
PERSONNEL.
(a) * * *
* * * * * * *
(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.
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