text: 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.
target: Catching Operational Vulnerabilities by Ensuring Random Testing Act of 2008, or the COVERT Act of 2008 - Amends the Aviation and Transportation Security Act to require the Secretary of Homeland Security to make sure that advance notice of a covert test of a transportation security system is not provided to any individual (including any security screener) before completion of the test, except: (1) that such information may be provided to certain federal, state, and local government employees, officers, and contractors (including military personnel); and (2) an individual conducting such a test may disclose his or her status if a security screener or other non-covered employee identifies such tester as a potential threat.
  
  Requires the head of each covert testing office to make sure that a covert testing person or group is accompanied by a cover team to monitor the test and confirm the identity of personnel involved. States, however, that a cover team is not required to be present during a test of the screening of persons or baggage at an aviation security checkpoint if the test: (1) is approved by the Federal Security Director for the airport; and (2) is administered under an aviation screening assessment program of the Department of Homeland Security.
  
  Directs the Secretary of Homeland Security to study and report to Congress on the impact of implementing covert testing procedures under this Act on the Department's efforts to improve transportation security.
feat_title: 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.