[House Report 112-271]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-271
======================================================================
RISK-BASED SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES ACT
_______
November 4, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. King of New York, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 1801]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1801) to amend title 49, United States Code, to
provide for expedited security screenings for members of the
Armed Forces, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
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 ``Risk-Based Security Screening for
Members of the Armed Forces Act''.
SEC. 2. SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 44903 of title 49, United States Code, is
amended by adding at the end the following:
``(m) Security Screening for Members of the Armed Forces.--
``(1) In general.--The Assistant Secretary shall develop and
implement a plan to provide expedited security screening
services for a member of the Armed Forces, and any accompanying
family member, when the member of the Armed Forces presents
documentation indicating official orders while in uniform
through a primary airport (as defined by section 47102 of this
title).
``(2) Protocols.--In developing the plan, the Assistant
Secretary shall consider--
``(A) leveraging existing security screening models
used by airports and air carriers to reduce passenger
wait times before entering a security screening
checkpoint;
``(B) establishing standard guidelines for the
screening of military uniform items, including combat
boots; and
``(C) incorporating any new screening protocols into
an existing trusted passenger program, as established
pursuant to section 109(a)(3) of the Aviation and
Transportation Security Act (Public Law 107-71; 115
Stat. 613; 49 U.S.C. 114 note), or into the development
of any new credential or system that incorporates
biometric technology and other applicable technologies
to verify the identity of individuals traveling in air
transportation.
``(3) Report to congress.--The Assistant Secretary shall
submit to the appropriate committees of Congress a report on
the implementation of the plan.''.
(b) Effective Date.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary shall implement the plan
required by this Act.
Purpose and Summary
The purpose of H.R. 1801 is to amend title 49, United
States Code, to provide for expedited security screenings for
members of the Armed Forces.
Background and Need for Legislation
The Transportation Security Administration (TSA) uses the
same screening procedures for all passengers at airport
checkpoints. Although TSA has plans to move to a more risk-
based method of screening passengers at airport checkpoints in
the future, this legislation directs the Transportation
Security Administration to screen members of the Armed Forces
in uniform on an expedited basis and in a manner that makes
sense for the men and women serving our country at home and on
the battlefield. The legislation does not contradict existing
TSA policy and complements the plans TSA has for risk-based
screening protocols.
Hearings
Although no hearings were directly held on H.R. 1801 in the
112th Congress, the issue of risk-based screening at passenger
checkpoints was discussed at the Subcommittee on Transportation
Security's hearing entitled ``Authorizing the Transportation
Security Administration for Fiscal Years 2012 and 2013'' on
June 2, 2011. The Subcommittee received testimony from Hon.
John S. Pistole, Administrator, Transportation Security
Administration, Department of Homeland Security.
Committee Consideration
The Subcommittee on Transportation Security met on May 12,
2011, to consider H.R. 1801, and ordered the measure to be
favorably reported to the Full Committee for consideration,
without amendment, by voice vote.
The Committee on Homeland Security met on September 21,
2011, to consider H.R. 1801, 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 Committee adopted H.R. 1801, as amended, by voice vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Cravaack (#1); was AGREED TO 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. 1801.
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. 1801, the Risk-Based Security Screening for Members of The
Armed Forces 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.
September 29, 2011.
Hon. Peter T. King,
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. 1801, the Risk-
Based Security Screening for Members of the Armed Forces Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1801--Risk-Based Security Screening for Members of the Armed
Forces Act
H.R. 1801 would require the Assistant Secretary of Homeland
Security, acting through the Transportation Security
Administration (TSA), to implement expedited screening
processes at certain airports for uniformed members of the
armed forces and accompanying family members. The bill would
specify factors for the Assistant Secretary to consider in
designing such processes and would require TSA to report to the
Congress on their implementation.
According to TSA, the agency already intends to implement
risk-based screening procedures for specific populations of air
travellers, including uniformed members of the armed forces.
Based on information from the agency about the status of those
activities and the relatively small number of individuals that
would qualify for expedited screening under H.R. 1801, CBO
estimates that fully funding H.R. 1801 would cost less than
$500,000 annually, assuming the availability of appropriated
funds. Enacting H.R. 1801 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 1801 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.
The estimate was approved by Theresa Gullo, Deputy 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. 1801 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
To provide a risk-based screening approach for members of
the Armed Forces in uniform and traveling on official orders
(and their families). Protocols will include procedures for
screening uniquely military items such as, but not limited to
the following: uniforms, boots, or equipment. The legislation
is not intended to have members of the Armed Forces bypass the
security checkpoint or reduce the level of security screening.
The legislation also requires that any screening protocols
developed be incorporated into any future plans the
Transportation Security Administration may have for risk-based
screening or the authorization of biometric credentials.
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. 1801 does
not preempt any State, local, or Tribal law.
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 ``Risk-
Based Security Screening for Members of The Armed Forces Act.''
Section 2. Security screening for members of the Armed Forces
The Transportation Security Administration (TSA) Assistant
Secretary must develop and implement a plan to provide
expedited security screening services for a member of the Armed
Forces, and any accompanying family member, when the member of
the Armed Forces is traveling on official orders while in
uniform.
When developing the plan, the TSA Assistant Secretary must
consider leveraging existing security screening models used by
airports and air carriers to reduce passenger wait times before
entering a security screening checkpoint; establishing standard
guidelines for the screening of military uniform items;
incorporating any new screening protocols into an existing
trusted passenger program, or into the development of any new
credential or system that incorporates biometric technology or
other applicable technologies to verify the identity of
individuals.
The TSA Assistant Secretary must implement the plan
required by this act no later than 180 days after enactment.
Report to Congress
The TSA Assistant Secretary must submit to the appropriate
congressional committees a report on the implementation of the
plan.
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):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 449--SECURITY
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 44903. Air transportation security
(a) * * *
* * * * * * *
(m) Security Screening for Members of the Armed Forces.--
(1) In general.--The Assistant Secretary shall
develop and implement a plan to provide expedited
security screening services for a member of the Armed
Forces, and any accompanying family member, when the
member of the Armed Forces presents documentation
indicating official orders while in uniform through a
primary airport (as defined by section 47102 of this
title).
(2) Protocols.--In developing the plan, the Assistant
Secretary shall consider--
(A) leveraging existing security screening
models used by airports and air carriers to
reduce passenger wait times before entering a
security screening checkpoint;
(B) establishing standard guidelines for the
screening of military uniform items, including
combat boots; and
(C) incorporating any new screening protocols
into an existing trusted passenger program, as
established pursuant to section 109(a)(3) of
the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 613; 49 U.S.C.
114 note), or into the development of any new
credential or system that incorporates
biometric technology and other applicable
technologies to verify the identity of
individuals traveling in air transportation.
(3) Report to congress.--The Assistant Secretary
shall submit to the appropriate committees of Congress
a report on the implementation of the plan.
* * * * * * *