[House Report 115-94]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-94
======================================================================
AVIATION EMPLOYEE SCREENING AND SECURITY ENHANCEMENT ACT OF 2017
_______
April 25, 2017.--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. 876]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 876) to amend the Homeland Security Act of 2002
to reform programs of the Transportation Security
Administration, and for other purposes, having considered the
same, reports favorably thereon with amendments and recommends
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
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 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Employee Screening and
Security Enhancement Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means 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.
(5) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given such term in section 40102 of title 49,
United States Code.
(6) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(7) Secured area.--The term ``secured area'' has the meaning
given such term in section 1540.5 of title 49, Code of Federal
Regulations.
(8) Security identification display area.--The term
``Security Identification Display Area'' has the meaning given
such term in section 1540.5 of title 49, Code of Federal
Regulations.
(9) Sterile area.--The term ``sterile area'' has the meaning
given such term in section 1540.5 of title 49, Code of Federal
Regulations.
SEC. 3. COST AND FEASIBILITY STUDY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator, in consultation with the
Aviation Security Advisory Committee (established under section 44946
of title 49, United States Code), shall submit to the appropriate
congressional committees and the Comptroller General of the United
States a cost and feasibility study of a statistically significant
number of Category I, II, III, IV, and X airports assessing the impact
if all employee access points from non-secured areas to secured areas
of such airports are comprised of the following:
(1) A secure door utilizing card and pin entry or biometric
technology.
(2) Surveillance video recording, capable of storing video
data for at least 30 days.
(3) Advanced screening technologies, including at least one
of the following:
(A) Magnetometer (walk-through or hand-held).
(B) Explosives detection canines.
(C) Explosives trace detection swabbing.
(D) Advanced imaging technology.
(E) X-ray bag screening technology.
(b) Contents.--The study required under subsection (a) shall include
information related to the employee screening costs of those category
I, II, III, IV, and X airports which have already implemented practices
of screening 100 percent of employees accessing secured areas of
airports, including the following:
(1) Costs associated with establishing an operational minimum
number of employee entry and exit points.
(2) A comparison of estimated costs and effectiveness
associated with implementing the security features specified in
subsection (a) to--
(A) the Federal Government; and
(B) airports and the aviation community.
(c) Comptroller General Assessment.--
(1) In general.--Upon completion of the study required under
subsection (a), the Comptroller General of the United States
shall review such study to assess the quality and reliability
of such study.
(2) Assessment.--Not later than 60 days after the receipt of
the study required under subsection (a), the Comptroller
General of the United States shall report to 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 the review required under paragraph
(1).
SEC. 4. AIRPORT WORKER EDUCATION AND SECURITY AWARENESS.
(a) Cooperative Efforts to Enhance Airport Security Awareness.--Not
later than 180 days after the date of the enactment of this Act, the
Administrator shall work with air carriers, foreign air carriers,
airport operators, labor unions representing credentialed employees,
and the Aviation Security Advisory Committee to enhance security
awareness of credentialed airport populations regarding insider threats
to aviation security and best practices related to airport access
controls.
(b) Credentialing Standards.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall, in
consultation with air carriers, foreign air carriers, airport
operators, labor unions representing credentialed employees,
and the Aviation Security Advisory Committee, assess
credentialing standards, policies, and practices to ensure that
insider threats to aviation security are adequately addressed.
(2) Report.--Not later than 30 days after completion of the
assessment required under paragraph (1), the Administrator
shall report to the appropriate congressional committees on the
results of such assessment.
(c) SIDA Applications.--
(1) Social security numbers required.--Not later than 60 days
after the date of the enactment of this Act, the Administrator
shall require airport operators to submit the social security
number of an individual applying for a credential granting
access to the Security Identification Display Area to
strengthen security vetting effectiveness. An applicant who
does not provide such applicant's social security number may be
denied such a credential.
(2) Screening notice.--The Administrator shall issue
requirements for airport operators to include in applications
for access to a Security Identification Display Area a notice
informing applicants that an employee holding a credential
granting access to a Security Identification Display Area may
be screened at any time while gaining access to, working in, or
leaving a Security Identification Display Area.
SEC. 5. SECURING AIRPORT WORKER ACCESS.
(a) In General.--The Administrator shall work with airport operators
and the Aviation Security Advisory Committee to identify advanced
technologies, including biometric identification technologies, for
securing employee access to the secured areas and sterile areas of
airports.
(b) Rap Back Vetting.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall ensure that all
credentialed aviation worker populations currently requiring a
fingerprint-based criminal record history check are continuously vetted
through the Federal Bureau of Investigation's Rap Back Service, in
order to more rapidly detect and mitigate insider threats to aviation
security.
(c) Insider Threat Education and Mitigation.--Not later than 180 days
after the date of the enactment of this Act, the Administrator shall
identify means of enhancing the Administration's ability to leverage
the resources of the Department of Homeland Security and the
intelligence community to educate Administration personnel on insider
threats to aviation security and how the Administration can better
mitigate such insider threats.
(d) Playbook Operations.--The Administrator shall ensure that
Administration-led employee physical inspection efforts of aviation
workers, known as Playbook operations, are targeted, strategic, and
focused on providing the greatest level of security effectiveness.
(e) Covert Testing.--
(1) In general.--The Administrator shall conduct covert
testing of Administration-led employee inspection operations at
airports and measure existing levels of security effectiveness.
The Administrator shall provide--
(A) the results of such testing to the airport
operator for the airport that is the subject of any
such testing, and, as appropriate, to air carriers and
foreign air carriers that operate at the airport that
is the subject of such testing; and
(B) recommendations and technical assistance for air
carriers, foreign air carriers, and airport operators
to conduct their own employee inspections, as needed.
(2) Annual reporting.--The Administrator shall submit to the
appropriate congressional committees an annual report on the
frequency, methodology, strategy, and effectiveness of employee
screening operations at airports.
(f) Centralized Database.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation with the
Aviation Security Advisory Committee, shall--
(1) establish a national database of individuals who have had
either their airport or airport operator-issued badge revoked
for failure to comply with aviation security requirements;
(2) determine the appropriate reporting mechanisms for air
carriers, foreign air carriers, and airport operators to--
(A) submit to the Administration data regarding
individuals described in paragraph (1); and
(B) access the database established pursuant to such
paragraph; and
(3) establish a process to allow individuals whose names were
mistakenly entered into such database to correct the record and
have their names removed from such database.
SEC. 6. INSIDER THREAT COORDINATION EFFORTS.
The Department of Homeland Security is the lead interagency
coordinator pertaining to insider threat investigations and mitigation
efforts at airports. The Department shall make every practicable effort
to coordinate with other relevant Government entities, as well as the
security representatives of air carriers, foreign air carriers, and
airport operators, as appropriate, when undertaking such investigations
and efforts.
SEC. 7. INFORMATION TECHNOLOGY SECURITY.
Not later than 90 days after the date of the enactment of this Act,
the Administrator shall submit to the appropriate congressional
committees a plan to conduct recurring reviews of the operational,
technical, and management security controls for Administration
information technology systems at airports.
Amend the title so as to read:
A bill to reform programs of the Transportation Security
Administration, and for other purposes.
Purpose and Summary
The purpose of H.R. 876 is to reform programs of the
Transportation Security Administration, and for other purposes.
Background and Need for Legislation
This legislation is the culmination of an investigation by
the Subcommittee on Transportation and Protective Security into
airport access controls and the insider threat. Over the course
of its multi-year investigation, the Subcommittee found
numerous lapses in employee security at various airports across
the country and issued an investigative report in February 2017
entitled ``America's Airports: The Threat From Within.'' The
report included a number of proposed solutions to help mitigate
the insider threat to aviation security, as well as detailed
accounts of examples of insider threats posed to the aviation
sector from employees with access to secure and sterile areas
of airports. The legislation is needed in order to diminish
these threats to aviation security.
Hearings
The Committee held no hearings for H.R. 876, but did hold
oversight hearings which informed the legislation.
114th Congress
On February 3, 2015, the Subcommittee on Transportation
Security held a hearing entitled ``A Review of Access Control
Measures At Our Nation's Airports.'' The Subcommittee received
testimony from Mr. Mark Hatfield, Acting Deputy Administrator
at the Transportation Security Administration; Mr. Gary Perdue,
Deputy Assistant Director of the Counterterrorism Division at
the Federal Bureau of Investigation; Ms. Sharon Pinkerton,
Senior Vice President for Legislative and Regulatory Policy at
Airlines for America; and Mr. Miguel Southwell, General Manager
of Hartsfield-Jackson Atlanta International Airport.
On June 16, 2015, the Subcommittee on Transportation
Security held a hearing entitled ``How TSA Can Improve Aviation
Worker Vetting.'' The Subcommittee received testimony from Mr.
John Roth, Inspector General at the Department of Homeland
Security; Ms. Stacey Fitzmaurice, Deputy Assistant
Administrator for the TSA's Office of Intelligence and
Analysis; and Ms. Jenny Grover, Director of the Homeland
Security and Justice team at the Government Accountability
Office
Committee Consideration
The Committee met on March 8, 2017, to consider H.R. 876,
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 in the Nature of a Substitute offered by Mr.
Katko (#1); was AGREED TO by voice vote.
An amendment by Mr. Thompson of Mississippi to the Amendment
in the Nature of a Substitute (#1A); was AGREED TO by voice
vote.
Page 8, beginning line 3, strike ``to air carriers, foreign air
carriers, and airport operators''.
Page 8, line 5, insert ``to the airport operator for the airport
that is the subject of any such testing, and, as appropriate, to air
carriers and foreign air carriers that operate at the airport that is
the subject of such testing'' before ``the results''
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. 876.
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.
876, the Aviation Employee Screening and Security Enhancement
Act of 2017, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 876 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The bill requires the Comptroller General of the United
States to review the cost and feasibility study required under
Section 3 for its reliability and efficiency. This review is
directed to be delivered to the appropriate Congressional
committees.
The bill also directs the Administrator to report to the
appropriate Congressional committees on the results of the
required assessment of credentialing standards, policies and
practices for aviation workers. Additionally, the Administrator
is required to report to the appropriate Congressional
committees on the frequency, methodology and strategy of
Administration-led employee inspection efforts, as well as a
plan to conduct recurring reviews of the operational,
technical, and management security controls for Administration
information technology systems at airports.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 876 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
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 876 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 876 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 this bill may be cited as the
``Aviation Employee Screening and Security Enhancement Act of
2017''.
Sec. 2. Definitions.
This section provides definitions for the following terms
in correspondence with the act. The term ``administration''
means the Transportation Security Administration (TSA). The
term ``administrator'' means the Administrator of the
Transportation Security Administration. The term ``air
carrier'' has the meaning given such term in section 40102 of
title 49, United States Code. ``Appropriate Congressional
Committees'' refers to 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. The term
``foreign air carrier'' has meaning given such term in section
40102 of title 49, United States Code. The term ``Intelligence
Community,'' refers to the meaning given such a term in section
3(4) of the National Security Act of 1974 (50 U.S.C. 3003 (4)).
The term ``secured area'' has the meaning given such term in
section 1540.5 of title 49, Code of Federal Regulations. The
term ``Security Identification Display Area'' also referred to
as ``SIDA'' has the meaning given such term in section 1540.5
of title 49, Code of Federal Regulations. The final term,
``sterile area'' has the meaning given such term in section
1540.5 of title 49, Code of Federal Regulations.
Sec. 3. Cost and Feasibility Study.
This section directs the Administrator, in consultation
with the Aviation Security Advisory Committee, to submit to the
appropriate congressional committees, a cost and feasibility
study of a statistically significant number of category I, II,
III, IV, and X airports. The study should concern the cost and
feasibility of all employee entry and exit points that lead to
secure areas of airports being comprised of a secure door with
a card and pin entry or biometric technology, surveillance
video that is stored for at least 30 days, and advanced
screening technology. The advanced screening technology ought
to include one of the following: a magnetometer, explosive
detection canines or trace swabbing, advanced imaging
technology, or x-ray bag screening technology. The report will
include information related to the employee screening costs of
category I, II, II, IV, and X airports that already have such
technology implemented, screening 100 percent of employees that
enter and exit the secure area. The report shall include costs
associated with establishing employee entry and exit
operational technology and a cost comparison of the
requirements based on whether the requirements were implemented
by the Administration or the airports. Once the report is
complete, the Comptroller General of the United States shall
review the study for its reliability and efficiency and will
report to the appropriate Congressional committees.
Sec. 4. Airport Worker Education and Security Awareness.
This section focuses on the security awareness of
credentialed airport populations regarding insider threats to
aviation security and best practices related to airport access
control. These efforts will be enacted with the Administrator
and various air carriers, foreign air carriers, airport
operators, vendors, and airport concessionaries within 180 days
of the enactment. Within 180 days of the enactment of this Act,
the Administrator shall consult various air carriers, foreign
air carriers, airport operators, vendors, and airport
concessionaries in regards to security issues are addressed.
These security threats will address credentialing standards,
policies, and practices to counter insider threats. The report
must be submitted no later than 30 days after the assessment
has been completed. Within 60 days of the enactment of this
Act, the Administrator must require social security numbers of
individuals applying for Security Identification Display Area
access.
Sec. 5. Securing Airport Worker Access.
This section requires the Administrator, working with
airport operators, to identify advanced technologies that will
secure employee access to secure and sterile areas of the
airport. The Act will also ensure that all credentialed
aviation worker populations are constantly vetted through the
Federal Bureau of Investigation's Rap Back Service.
Within 180 days, this Act ensures that the Administrator
shall identify means to leverage resources of the Department of
Homeland Security and the intelligence community to educate
Administration personnel on insider threats. The Administrator
shall ensure that Playbook operations- Administration-led
employee inspection efforts-are focused on providing the
greatest level of security effectiveness. This Act also works
to ensure that the Administrator shall increase covert testing
of Playbook employee inspections and measure existing security
operations. The Administrator shall also provide the results of
the testing, and recommendations on how to improve security
screening operations. The Administrator, under this Act shall
submit to the appropriate congressional committees an annual
transparency report on the frequency, methodology, strategy,
and effectiveness of employee inspections at airports. The Act
also ensures that within 180 days of its enactment, the
Administrator, along with the Aviation Security Advisory
Committee, shall compile a national database with airport
employees who have had their badges revoked for failure to
comply with security requirements. They will determine the
proper reporting mechanisms for airports, air carriers, and
foreign air carriers to submit the data of employees with
revoked data, as well as access to such a database. They will
reestablish employees who were wrongly added to the list.
Sec. 6. Insider Threat Coordination Efforts.
The Department of Homeland Security, being the lead
interagency pertaining to insider threat investigations and
mitigation efforts at airports, shall make every effort to
coordinate with other relevant Government entities, as well as
the security representatives of air carriers, foreign air
carriers, and airport operators, as appropriate, when involved
in such investigations.
Sec. 7. Information Technology Security.
The Administrator shall submit to the appropriate
congressional committees a plan to conduct recurring reviews of
the operational, technical, and management security controls
for Administration information technology systems at airports.
As reported, the title of H.R. 876 is amended so as to read
``A bill to reform programs of the Transportation Security
Administration, and for other purposes.''
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 876 makes no changes to existing law.
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