[House Report 110-482]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-482
======================================================================
DIRECTING THE ASSISTANT SECRETARY OF HOMELAND SECURITY (TRANSPORTATION
SECURITY ADMINISTRATION) TO ADDRESS VULNERABILITIES IN AVIATION
SECURITY BY CARRYING OUT A PILOT PROGRAM TO SCREEN AIRPORT WORKERS WITH
ACCESS TO SECURE AND STERILE AREAS OF AIRPORTS, AND FOR OTHER PURPOSES
_______
December 11, 2007.--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
together with
ADDITIONAL VIEWS
[To accompany H.R. 1413]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred the
bill (H.R. 1413) to direct the Assistant Secretary of Homeland
Security (Transportation Security Administration) to address
vulnerabilities in aviation security by carrying out a pilot
program to screen airport workers with access to secure and
sterile areas of airports, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Congressional Budget Office Estimate............................. 6
Statement of General Performance Goals and Objectives............ 7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 7
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 7
Constitutional Authority Statement............................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
Additional Views................................................. 10
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ENHANCED PERIMETER SECURITY AND ACCESS CONTROL THROUGH
COMPREHENSIVE SCREENING OF AIRPORT WORKERS.
(a) Pilot Program.--Not later than 120 days after the date of the
enactment of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall carry out a pilot
program at 7 service airports to screen all individuals with unescorted
access to secure and sterile areas of the airport in accordance with
section 44903(h) of title 49, United States Code.
(b) Participating Airports.--At least 2 of the airports participating
in the pilot program shall be large hub airports (as defined in section
40102 of title 49, United States Code). At least 1 of the airports
participating in the pilot program shall be a category III airport.
Each of the remaining airports participating in the pilot program shall
represent a different airport security risk category (as defined by the
Assistant Secretary).
(c) Screening Standards.--
(1) In general.--Except as provided under paragraphs (2) and
(3), screening for individuals with unescorted access under the
pilot program shall be conducted under the same standards as
apply to passengers at airport security screening checkpoints
and, at a minimum of 1 airport, shall be carried out by a
private screening company that meets the standards in
accordance with section 44920(d) of title 49, United States
Code. That airport shall be an airport that uses such a private
screening company to carry out passenger screenings as of the
date of the enactment of this Act.
(2) Designated screening lane.--In addition to the
requirements under paragraph (1), each airport participating in
the pilot program shall designate at least one screening lane
at each airport security screening checkpoint to be used to
screen individuals with unescorted access on a priority basis
under the pilot program. Such lane may also be used to screen
passengers.
(3) Alternative means of screening.--At 1 of the 7 airports
participating in the pilot program, the Assistant Secretary
shall deploy, instead of the screening standards required under
paragraphs (1) and (2), alternative means of screening all
individuals with unescorted access to secure and sterile areas
of the airport. Alternative means of screening may include--
(A) biometric technology for airport access control;
(B) behavior recognition programs;
(C) canines to screen individuals with unescorted
access to secure and sterile areas of the airport;
(D) targeted physical inspections of such
individuals;
(E) video cameras; and
(F) increased vetting, training, and awareness
programs for such individuals.
(d) Vulnerability Assessments.--As part of the pilot program under
this section, the Assistant Secretary shall conduct a vulnerability
assessment of each airport participating in the pilot program. Each
such assessment shall include an assessment of vulnerabilities relating
to access badge and uniform controls.
(e) Technology Assessments.--Airport operators at each airport at
which the pilot program under this section is implemented shall conduct
an assessment of the screening technology being used at that airport
and submit the results of the assessment to the Assistant Secretary.
The Assistant Secretary shall compile the results of all the
assessments and provide them to each airport participating in the pilot
program.
(f) Operational Assessments.--As part of the pilot program under this
section, the Assistant Secretary shall conduct an operational
assessment at each airport participating in the pilot program. Each
such assessment shall include an evaluation of--
(1) the effect on security of any increase in terminal
congestion created as a result of screening individuals with
unescorted access under the pilot program;
(2) the average wait times at screening checkpoints for
passengers and individuals with unescorted access;
(3) any additional personnel required to screen individuals
with unescorted access;
(4) the effect of screening individuals with unescorted
access on other security-related activities at the airport;
(5) any lost productivity of individuals with unescorted
access associated with airport participation in the pilot
program; and
(6) the rate at which ``prohibited items'' are detected and
confiscated from individuals with unescorted access.
(g) Duration.--The pilot program shall be carried out for a period of
not less than 180 days.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(i) Report.--
(1) In general.--Not later than 90 days after the last day of
the pilot program, the Assistant Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report on the results of the pilot program.
(2) Contents of report.--The report shall include the
following:
(A) An assessment of the effect of screening all
airport workers with access to secure and sterile
airport areas on screening and logistical resources.
(B) An assessment of the security improvements that
are achieved from screening such workers.
(C) An assessment of the costs of screening such
workers.
(D) The results of the vulnerability assessments
conducted under subsection (d).
(E) An estimate of the infrastructure and personnel
requirements necessary to implement a screening program
for individuals with unescorted access at all
commercial service airports in the United States in
order to process each such individual and each
passenger through each screening checkpoint in fewer
than 10 minutes.
Amend the title so as to read:
A bill to direct the Assistant Secretary of Homeland
Security (Transportation Security Administration) to address
vulnerabilities in aviation security by carrying out a pilot
program to screen airport workers with access to secure and
sterile areas of airports, and for other purposes.
PURPOSE AND SUMMARY
The purpose of H.R. 1413 is to direct the Assistant
Secretary of Homeland Security (Transportation Security
Administration) to address vulnerabilities in aviation security
by carrying out a pilot program to screen individuals with
unrestricted access to secure and sterile areas of airports,
and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Committee believes that unfettered employee access in
airport terminals is a security gap in aviation that must be
addressed, as in the November 2003, 25 people, mostly current
or former employees at John F. Kennedy (JFK) International
Airport, were arrested for operating a long-running drug
smuggling operation. Another instance occurred in March 2007 at
Orlando International Airport, where a Comair employee was
arrested at Orlando International for smuggling weapons and
drugs aboard a flight to San Juan, Puerto Rico. Then, at JFK in
October 2007 employees were caught smuggling drugs through the
airport. The Committee believes that the actions taken by H.R.
1413 are long overdue and that this legislation is a reasonable
step toward ensuring better security for the Nation's airports,
airplanes, and travelers. The Committee emphasizes that a
breach in airport security could have devastating consequences
and that, without more rigorous efforts to screen airport
employees, these gaps could be repeatedly exploited for the
purposes of carrying out criminal, or even terrorist, acts.
HEARINGS
On February 6, 2007, the Subcommittee on Transportation
Security and Infrastructure Protection held a hearing entitled
``Update on Federal Rail and Public Transportation Security
Efforts.'' The Subcommittee received testimony from the
Honorable Kip Hawley, Assistant Secretary, Transportation
Security Administration, Department of Homeland Security, Mr.
Terry Rosapep, Deputy Associate Administrator, Program
Management, Federal Transit Administration, Department of
Transportation, Mr. Michael Haley, Deputy Chief Counsel,
Federal Railroad Administration, Department of Transportation,
and Ms. Cathleen A. Berrick, Director, Homeland Security and
Justice Issues, U.S. Government Accountability Office.
On February 13, 2007, the Subcommittee on Transportation
Security and Infrastructure Protection held a hearing entitled
``Rail and Mass Transit Security: Industry and Labor
Perspectives.'' The Subcommittee received testimony from Mr.
Fred Weiderhold, Inspector General, Amtrak, Ms. Nancy Wilson,
Vice President for Security, Association of American Railroads,
Mr. Lewis G. Schiliro, Director of Interagency Preparedness,
Metropolitan Transportation Authority, State of New York, Mr.
Gary Maslanka, International Vice President, Director of
Railroad Division, Transport Workers Union, and Mr. John
Murphy, Director, Teamster Rail Conference, International
Brotherhood of Teamsters.
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. 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.
COMMITTEE CONSIDERATION
H.R. 1413 was introduced by Mrs. Lowey and five original
cosponsors on March 8, 2007, and referred solely to the
Committee on Homeland Security. Within the Committee on
Homeland Security, H.R. 1413 was referred to the Subcommittee
on Transportation Security and Infrastructure Protection.
On April 24, 2007, the Subcommittee on Transportation
Security and Infrastructure Protection met in open markup
session and ordered H.R. 1414 to be forwarded to the Full
Committee for consideration, as amended, by unanimous consent.
On August 1, 2007, the Full Committee met in open markup
session and ordered H.R. 1413 favorably reported to the House
of Representatives, amended, 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 record votes
on the motion to report legislation and amendments thereto.
On April 24, 2007, the Subcommittee on Transportation
Security and Infrastructure Protection met in open markup
session and ordered H.R. 1414 to be forwarded to the Full
Committee for consideration, as amended, by unanimous consent.
The following amendment was offered:
An amendment offered by Ms. Jackson-Lee (#1); on Page 2,
line 7, after ``at'' strike ``5 service airports to screen all
airport workers with access'' and insert ``7 service airports
to screen all individuals with unescorted access''. Page 2,
line 10, after ``Code.'' insert ``At one of the seven airports,
the Assistant Secretary shall deploy, instead of the screening
standards under subsection (c), alternative means of screening
all individuals with unescorted access to secure and sterile
areas of the airport. Alternative means of screening includes:
(1) biometric technology for airport access control; (2)
behavior recognition programs; (3) canines to screen airport
workers; (4) targeted physical inspections of employees; (5)
video cameras; and (6) increased employee vetting, training,
and awareness programs.''. Page 2, line 14, before ``Each''
insert ``At least 1 of the airports participating in the pilot
program shall be a category III airport.''. Page 2, line 20
after ``screening for'' delete ``airport workers'' and replace
with ``individuals with unescorted access''. Page 2, line 23
after ``minimum of'' delete ``2 airports'' and replace with ``1
airport''. Page 2, line 24 delete ``private screening companies
that meet'' and replace with ``a private screening company that
meets''. Page 2, line 26 after ``Code.'' insert ``That airport
shall be an airport that uses such a private screening company
to carry out passenger screenings as of the date of the
enactment of this Act.''. Page 3, line 5, strike ``exclusively
to screen airport workers under the pilot program.'' and
replace with ``screen individuals with unescorted access on a
priority basis under the pilot program. Such lane may also be
used to screen passengers.''. Page 3, line 20, insert ``(f)
OPERATIONAL ASSESSMENTS.--As part of the pilot program under
this section, the Assistant Secretary shall conduct an
operational assessment at each airport participating in the
pilot program. Each such assessment shall include an evaluation
of--(1) the effect on security of any increase in terminal
congestion created as a result of screening individuals with
unescorted access under the pilot program; (2) the average wait
times at screening checkpoints for passengers and individuals
with unescorted access; (3) any additional personnel required
to screen individuals with unescorted access; (4) the effect of
screening individuals with unescorted access on other security-
related activities at the airport; (5) any lost productivity of
individuals with unescorted access associated with airport
participation in the pilot program; and (6) the rate at which
``prohibited items'' are detected and confiscated from
individuals with unescorted access.'' Page 3, line 21,
redesignate subsections (f) through (h) as subsections (g)
through (i), respectively. Page 4, line 21, after ``conducted
under subsection (d).'' insert ``(E) An estimate of the
infrastructure and personnel requirements necessary to
implement a screening program for individuals with unescorted
access at all commercial service airports in the United States
in order to process each passenger or employee through each
screening checkpoint in fewer than 10 minutes.''; and to amend
the title so as to read: ``To direct the Assistant Secretary of
Homeland Security (Transportation Security Administration) to
address vulnerabilities in aviation security by carrying out a
pilot program to screen individuals with unrestricted access to
secure and sterile areas of airports, and for other
purposes.''.; was AGREED TO by voice vote.
On August 1, 2007, the Full Committee met in open markup
session and ordered H.R. 1413 favorably reported to the House
of Representatives, amended, by voice vote.
The following amendments were offered:
The Committee considered a Committee Print showing the text
of H.R. 1413 as agreed to by the Subcommittee. The title of the
Committee Print was amended so as to read ``to direct the
Assistant Secretary of Homeland Security (Transportation
Security Administration) to address vulnerabilities in aviation
security by carrying out a pilot program to screen airport
workers with access to secure and sterile areas of airports,
and for other purposes.''
The Committee adopted the bill, as amended, by voice vote.
The following amendments were offered:
An amendment offered by Mr. Dent (#1), to insert a new
subsection (g) entitled ``(g) Suspension'' was WITHDRAWN by
unanimous consent.
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.
1413, 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, September 5, 2007.
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. 1413, a bill to
direct the Assistant Secretary of Homeland Security
(Transportation Security Administration) to address
vulnerabilities in aviation security by carrying out a pilot
program to screen airport workers with access to secure and
sterile areas of airports.
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,
Director.
Enclosure.
H.R. 1413--A bill to direct the Assistant Secretary of Homeland
Security (Transportation Security Administration) to address
vulnerabilities in aviation security by carrying out a pilot
program to screen airport workers with access to secure and
sterile areas of airports
H.R. 1413 would direct the Assistant Secretary of Homeland
Security, through the Transportation Security Administration
(TSA), to test and evaluate alternative means of screening
certain individuals employed at airports. Under the bill, TSA
would establish pilot projects at seven airports to screen all
individuals with unescorted access to secure areas of airports
and areas where access is controlled by TSA (known as sterile
areas). The legislation would require the agency to initiate
those projects within 120 days of enactment, operate them for
at least 180 days, and, after ending the projects, report on
their results within 90 days.
Based on information from TSA on the cost of similar
activities to develop and test screening systems, CBO estimates
that implementing H.R. 1413 would cost $10 million over the
2008-2009 period, assuming appropriation of the necessary
amounts. Enacting H.R. 1413 would not affect direct spending or
revenues. H.R. 1413 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on 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. 1413, contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
H.R. 1413 establishes a pilot project and requires a report
to the Congress 270 days after the creation of the pilot
project.
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 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.
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. Comprehensive screening of airport workers
This section establishes pilot program at seven airports to
screen all individuals with access to secure areas. It also
dictates that, of the seven airports, at least two must be
large hub airports. One must be a category III airport, and one
airport shall deploy alternative means of screening all
individuals with unescorted access to secure and sterile areas
of the airport. Within the scope of this provision, alternative
means of screening may include biometric technology for airport
access control; behavior recognition programs; canines to
screen airport workers; targeted physical inspections of
employees; video cameras; and increased employee vetting,
training, and awareness programs. Under this section, the
remaining airports shall represent a different security risk as
defined by the Assistant Secretary, Transportation Security
Administration, Department of Homeland Security (Assistant
Secretary).
In addition, the Committee believes that when implementing
this section the Assistant Secretary should consult with the
airport operator, the appropriate air carriers, airport and
airline employee organizations and their representatives for
each airport under consideration as a site for the pilot
program. The effectiveness of the pilot program will be
enhanced by such consultation and will help to assure that the
pilot program at each participating airport is tailored to the
unique infrastructure and physical configuration of that
airport. Even, in some instances, conducting screening away
from the passenger checkpoint.
The Committee encourages the use of the same equipment and
protocols as those established for passengers at security
checkpoints. However, the Committee intends for the pilot
program to allow individuals with unescorted access to carry
necessary items that would otherwise be prohibited under
guidelines established by the Assistant Secretary for passenger
screening.
The pilot program requires at least one of the airports to
be an airport that uses a private screening company instead of
Transportation Security Officers to screen passengers.
Additionally, all airports must designate at least one separate
screening lane for workers, although this provision allows such
designated screening lane to be used for passenger screening as
well.
This section requires the Assistant Secretary to conduct
vulnerability (including access badge and uniform controls) and
operational assessments for pilot airports. It requires airport
operators to conduct assessments of screening technology and
submit those assessments to the Assistant Secretary, and the
Assistant Secretary shall submit a report within 90 days of
implementation to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate detailing the status
of the program, including program costs and effects, and the
status of the vulnerability assessments.
The Committee notes that a Government Accountability Office
estimate of more than one million airport workers, including
cabin cleaners, maintenance crews, and caterers, are permitted
to bypass metal detectors or other physical screening before
accessing secure areas. The Committee believes that this
security gap has been exploited too many times by workers in
the past, as in the November 2003 case where 25 people, mostly
current or former employees at John F. Kennedy International
Airport, were arrested for operating a long-running drug
smuggling operation. Another instance occurred in March 2007 at
Orlando International Airport, where a Comair employee was
arrested at Orlando International for smuggling weapons and
drugs aboard a flight to San Juan, Puerto Rico. The Committee
believes that the actions taken by H.R. 1413 are long overdue
and that this legislation is a reasonable step toward ensuring
better security for the Nation's airports, airplanes, and
travelers. The Committee emphasizes that a breach in airport
security could have devastating consequences and that, without
more rigorous efforts to screen airport employees, these gaps
could be repeatedly exploited for the purposes of carrying out
criminal, or even terrorist, acts.
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. H.R. 1413 makes no changes to existing
law.
ADDITIONAL VIEWS
H.R. 1413 seeks to enhance aviation security through
screening employees with access to secure and sterile areas of
airports. This legislation requires the Transportation Security
Administration (TSA) to conduct a pilot program at seven
airports to screen individuals with access to secure and
sterile areas. Six participating airports must screen 100
percent of airport workers using passenger screening standards.
While I support efforts to improve security in Security
Identification Display Areas (SIDA) of airports, I question the
merits of requiring airport employees with access to secure
areas to be screened under the same standards as passengers.
Unlike passengers, many airport employees must move from the
unsecured area of the airport to the SIDA area several times a
day. Also, unlike passengers, employees are subject to
background checks and other security-related reviews.
Should airport workers want to cause damage within a SIDA,
many potential tools of destruction are at their disposal
within the secure area. During Subcommittee consideration of
H.R. 1413, I introduced an amendment that directs the TSA to
select a seventh participating airport to evaluate alternative,
and potentially more effective, screening techniques developed
in coordination with the TSA. I believe this change will allow
the TSA to assess and compare options for screening--but regret
that the main focus of the bill's other six pilots remains
fixated on the 100 percent screening of employees using
passenger standards. As currently drafted, H.R. 1413
inappropriately stacks the deck in favor of one security
measure, rather than promoting a balanced review of all
available strategies. I believe that an effective pilot would
grant TSA greater discretion for testing alternative forms of
screening, rather than emphasize 100 percent screening.
The cost of this pilot program is another concern which the
Committee failed to adequately address. I am aware of two
projected cost estimates for the pilot which vary
substantially. The Congressional Budget Office (CBO) recently
estimated that implementing H.R. 1413 would cost $10 million
over the 2008-2009 period. However, the United States
Commercial Aviation Partnership (USCAP) projects the cost of
this temporary, 6-month pilot at between $116 and $275 million.
The House-passed Department of Homeland Security Appropriations
Act for Fiscal Year 2008, H.R. 2638, would provide only $5
million for a pilot to screen airport workers, but does not
mandate 100 percent screening. Similarly, the Senate-passed
bill, S. 1644, would provide $15 million for ``various
methods'' to evaluate screening of airport employees, but also
does not mandate 100 percent screening for such pilots.
Accordingly, there could be great disparity between the
estimated costs and the amount of federal funding made
available for the airport employee screening pilot described in
H.R. 1413.
Currently, airports provide a physical plan to enable
screening, while the TSA provides the security equipment and
the screening staff. H.R. 1413 does not address how such
responsibilities will be divided under the pilot program. If
TSA receives a 100 percent screening mandate without adequate
funding from appropriations, TSA will be forced to shift
Transportation Security Officers away from passenger screening
lanes in order to staff the pilots. This could result in longer
passenger wait times and discourage air travel. On the other
hand, forcing airports or airlines to pay the costs of the
temporary pilot program would drive up costs, increase prices
and perhaps also lower demand, with no clear long-term security
benefit to the airport.
H.R. 1413's requirements can have significant consequences
to the normal operations of the airport. At least one Category
III airport will be involved, and such airports have
substantially dissimilar traffic patterns and different
security threats than larger airports. Requiring 100 percent
screening at a smaller airport could quickly prove that it
requires higher financial costs or TSA resources that far
outpace the threat of terrorism at that facility. Such a result
would discount a crucial 9/11 Commission recommendation that
finite resources be expended on the basis of risk.
While I support the underlying goals of this legislation, I
have lingering reservations about the scope and cost of the
security mandates imposed, and the current lack of funding.
Accordingly, I believe that further modifications to the bill
may be necessary.
Daniel E. Lungren.