[House Report 114-218]
[From the U.S. Government Publishing Office]
114th Congress ] [ Report
HOUSE OF REPRESENTATIVES
1st Session ] [ 114-218
======================================================================
KEEPING OUR TRAVELERS SAFE AND SECURE ACT
_______
July 22, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 2770]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2770) to amend the Homeland Security Act of 2002
to require certain maintenance of security-related technology
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.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
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 ``Keeping our Travelers Safe and Secure
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Administrator of the Transportation Security
Administration has stated that the maintenance of security-
related technology such as x-rays, explosive trace detection
systems, explosive detection systems, liquid scanners, and
enhanced walk-through metal detectors, is central to the
execution of Transportation Security Administration's mission
to protect United States transportation systems.
(2) Preventive and corrective maintenance is essential to
ensuring and extending the service lives of security-related
technology.
(3) In May 2015, the Inspector General of the Department of
Homeland Security, reporting on the results of a performance
audit conducted between December 2013 and November 2014,
concluded that because the Transportation Security
Administration did not properly manage the maintenance of its
security-related technology deployed to airports, it cannot be
assured that routine preventive maintenance is performed or
that equipment is repaired and ready for operational use.
(4) Specifically, the Inspector General found that the
Transportation Security Administration did not issue adequate
policies and procedures to document, track, and maintain
preventive maintenance actions at the airport level and
oversight of contractor-performed maintenance needed to be
strengthened.
(5) According to the Inspector General, if the equipment is
not fully operational, the Transportation Security
Administration may have to use other screening measures that
may be less effective at detecting dangerous items, thereby
potentially jeopardizing passenger safety and security.
SEC. 3. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.
(a) In General.--Title XVI of the Homeland Security Act of 2002 (6
U.S.C. 561 et seq.) is amended by adding at the end the following:
``Subtitle C--Maintenance of Security-Related Technology
``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.
``(a) In General.--Not later than 180 days after the date of the
enactment of this subtitle, the Administrator shall develop and
implement a preventive maintenance validation process for security-
related technology deployed to airports.
``(b) Maintenance by Administration Personnel at Airports.--For
maintenance to be carried out by Administration personnel at airports,
the process referred to in subsection (a) shall include the following:
``(1) Guidance to Administration personnel, equipment
maintenance technicians, and other personnel at airports
specifying how to conduct and document preventive maintenance
actions.
``(2) Mechanisms for the Administrator to verify compliance
with the guidance issued pursuant to paragraph (1).
``(c) Maintenance by Contractors at Airports.--For maintenance to be
carried out by a contractor at airports, the process referred to in
subsection (a) shall require the following:
``(1) Provision of monthly preventive maintenance schedules
to appropriate Administration personnel at each airport that
includes information on each action to be completed by a
contractor.
``(2) Notification to appropriate Administration personnel at
each airport when maintenance action is completed by a
contractor.
``(3) A process for independent validation by a third party
of contractor maintenance.
``(d) Penalties for Noncompliance.--The Administrator shall require
maintenance contracts for security-related technology deployed to
airports to include penalties for noncompliance when it is determined
that either preventive or corrective maintenance has not been completed
according to contractual requirements and manufacturers'
specifications.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1616 the following:
``Subtitle C--Maintenance of Security-Related Technology
``Sec. 1621. Maintenance validation and oversight.''.
SEC. 4. INSPECTOR GENERAL ASSESSMENT.
Not later than one year after the date of the enactment of this Act,
the Inspector General of the Department of Homeland Security shall
assess implementation of the requirements under this Act and the
amendments made by this Act, and provide findings and recommendations
with respect to the provision of training to Administration personnel,
equipment maintenance technicians, and other personnel under section
1621 of the Homeland Security Act of 2002 (as added by section 3 of
this Act) and the availability and utilization of equipment maintenance
technicians employed by the Administration.
Purpose and Summary
Background and Need for Legislation
The Department of Homeland Security Office of the Inspector
General recently issued a report entitled ``The Transportation
Security Administration Does Not Properly Manage Its Airport
Screening Equipment Maintenance Program'' (DHS OIG-15-86) which
examined the TSA's airport screening equipment maintenance
program and determined that adequate policies and procedures
had not been implemented. This has resulted in equipment not
being maintained to the specifications required by the
manufacturer. Additionally, TSA did not have adequate policies
to oversee if the routine preventative maintenance was
accomplished resulting in equipment not being ready for
operational use. This could shorten the operational life of
some equipment and incur unnecessary costs to replace it.
Additionally, the equipment, if not properly maintained, has
the potential to be less effective at detecting dangerous
items, which could jeopardize passenger and airline safety.
Hearings
No hearings were held on H.R. 2770.
Committee Consideration
The Committee met on June 23, 2015, to consider H.R. 2770,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An amendment by Miss Rice of New York (#1); was AGREED TO by
voice vote.
Page 4, line 1, insert ``, equipment maintenance technicians, and
other personnel'' after ``Administration personnel''.
At the end of the bill insert a new section entitled ``Sec. 4.
Inspector General Assessment.''
The Subcommittee on Transportation Security met on June 16,
2015, and reported H.R. 2770 to the Full Committee with a
favorable recommendation, without amendment, by voice vote.
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 consideration of
H.R. 2770.
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.
2770, the Keeping our Travelers Safe and Secure Act, 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.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 17, 2015.
Hon. Michael McCaul,
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. 2770, the Keeping
Our Travelers Safe and Secure Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2770--Keeping Our Travelers Safe and Secure Act
H.R. 2770 specifies requirements and procedures regarding
the Transportation Security Administration's (TSA's)
maintenance of security-related technology deployed at
airports. Based on information from TSA, CBO estimates that
implementing this legislation would have no significant effect
on the federal budget. According to the agency, the new
requirements and procedures specified in the bill are largely
consistent with existing efforts. As a result, CBO estimates
that any changes in spending under H.R. 2770 would be
negligible and would be subject to the availability of
appropriated funds. Enacting H.R. 2770 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 2770 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.
The estimate was approved by Theresa Gullo, 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. 2770 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This bill directs the Inspector General of the Department
of Homeland Security to conduct an assessment of the
Administration's implementation of the requirements of this
legislation one year after the enactment.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 2770 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
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(e), 9(f), or 9(g) of the 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.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 2770 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2770 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
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 provides that bill may be cited as the
``Keeping our Travelers Safe and Secure Act''.
Sec. 2. Findings
This section outlines the following Congressional findings:
1. According to the TSA Administrator, maintenance of
security-related technology (x-rays, explosive trace detection
systems, explosive detection systems, liquid scanners, and
enhanced walk-through metal detectors) is vital to protecting
U.S. transportation systems.
2. Both preventive and corrective maintenance is required
for extending service lives of security technology.
3. According to DHS IG Report 15-86, TSA has not managed
airport maintenance programs and therefore cannot be assured
that routine preventive maintenance is performed and that
equipment is repaired and ready for operational use.
4. According to DHS IG Report 15-86, TSA did not issue
adequate policies and procedures to ``document, track, and
maintain preventive maintenance'' at airports. Oversight of
contractor-performed maintenance also needed to be
strengthened.
5. According to DHS IG Report 15-86, TSA must resort to
less effective screening measures if equipment is not fully
operational--at the expense of passenger safety and security.
Section 3. Maintenance of security-related technology
This section amends the Homeland Security Act of 2002 by
requiring that the Administrator of the Transportation Security
Administration (TSA) develop and implement a preventative
maintenance validation process for security related
technologies used at airports within 180 days of enactment.
This process must provide guidance to airport administrators on
how to properly conduct and document preventative maintenance
actions. The process must also provide mechanisms to enable
airport administrators to ensure compliance with the newly
implemented preventative maintenance validation procedures.
Additionally, this section specifies that when preventative
maintenance is carried out by a contractor additional reporting
and verification processes must be put into place. The
contractors must provide the appropriate airport administrator
with monthly preventative maintenance reports that include
information on what specific actions were carried out by the
contractor. The contractor must also notify the appropriate
airport administrator when maintenance tasks have been
completed. Finally, an independent validation process to verify
the contractor's claims must be implemented.
In this section, the bill requires the Administrator of the
TSA to impose penalties for noncompliance when preventative
and/or corrective maintenance does meet contractual
requirements or manufacturer specifications.
Finally, this section requires the DHS Inspector General
within one year of enactment to assess implementation of the
requirements under this act and provide findings and
recommendations with respect to the provision of training
personnel, equipment technicians and other personnel and the
availability and utilization of equipment maintenance
technicians employed by TSA.
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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE XVI--TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Maintenance of Security-related Technology
Sec. 1621. Maintenance validation and oversight.
* * * * * * *
TITLE XVI--TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Maintenance of Security-related Technology
SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.
(a) In General.--Not later than 180 days after the date of
the enactment of this subtitle, the Administrator shall develop
and implement a preventive maintenance validation process for
security-related technology deployed to airports.
(b) Maintenance by Administration Personnel at Airports.--For
maintenance to be carried out by Administration personnel at
airports, the process referred to in subsection (a) shall
include the following:
(1) Guidance to Administration personnel, equipment
maintenance technicians, and other personnel at
airports specifying how to conduct and document
preventive maintenance actions.
(2) Mechanisms for the Administrator to verify
compliance with the guidance issued pursuant to
paragraph (1).
(c) Maintenance by Contractors at Airports.--For maintenance
to be carried out by a contractor at airports, the process
referred to in subsection (a) shall require the following:
(1) Provision of monthly preventive maintenance
schedules to appropriate Administration personnel at
each airport that includes information on each action
to be completed by a contractor.
(2) Notification to appropriate Administration
personnel at each airport when maintenance action is
completed by a contractor.
(3) A process for independent validation by a third
party of contractor maintenance.
(d) Penalties for Noncompliance.--The Administrator shall
require maintenance contracts for security-related technology
deployed to airports to include penalties for noncompliance
when it is determined that either preventive or corrective
maintenance has not been completed according to contractual
requirements and manufacturers' specifications.
* * * * * * *
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