Securing Aviation from Foreign Entry Points and Guarding Airports Through Enhanced Security Act of 2016

Summary: Securing Aviation from Foreign Entry Points and Guarding Airports Through Enhanced Security Act of 2016 (Sec. 2) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security to conduct a comprehensive security risk assessment of all last point of departure airports with nonstop flights to the United States. (Sec. 3) The TSA shall submit to Congress and the Government Accountability Office (GAO) a plan: (1) to enhance collaboration, coordination, and information-sharing about international-inbound aviation between the United States and domestic and foreign partners in order to enhance security capabilities at foreign airports; and (2) that assesses the TSA's ability to enter into a mutual agreement with a foreign government entity to permit TSA representatives to conduct inspections of foreign airports without prior notice. The GAO shall review TSA efforts to enhance security capabilities at foreign airports and determine if the implementation of such efforts and capabilities effectively secures international-inbound aviation.  (Sec. 4) The TSA shall submit to Congress a comprehensive workforce assessment of all TSA personnel within its Office of Global Strategies or whose primary professional duties contribute to the TSA's global efforts to secure transportation security, including whether they are assigned in a risk-based, intelligence-driven matter.  (Sec. 5) The TSA may donate security screening equipment to a foreign last point of departure airport operator if the equipment can be expected to mitigate a specific vulnerability to U.S. security or U.S. citizens.  The TSA shall provide to specified congressional committees within 30 days of any such donation a detailed written explanation of:  the specific vulnerability to the United States or U.S. citizens that will be mitigated by such donation, an explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability,  an evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made, how the TSA will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient, and the total dollar value of such donation.  (Sec. 6) The TSA may evaluate foreign countries' air cargo programs to determine whether they provide a level of security commensurate with that required by U.S. air cargo security programs. If so, the TSA shall approve and officially recognize such country's program, in which case such country shall not be required to adhere to the U.S. programs that would otherwise be applicable. The bill provides for revocation or temporary suspension of approval and official recognition if the TSA determines that a country's program no longer provides a level of security commensurate with that required by U.S. air cargo security programs. (Sec. 7) The TSA shall request the Aviation Security Advisory Committee to develop recommendations for more efficient and effective passenger screening processes. The Committee shall consider the following:  the configuration of a checkpoint; technology innovation; ways to address any vulnerabilities identified in audits of checkpoint operations; ways to prevent security breaches at airports at which federal security screening is provided; best practices in aviation security;  recommendations from airport and aircraft operators, and from any relevant advisory committees; and &quot;curb to curb&quot; processes and procedures. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Aviation from Foreign Entry 
Points and Guarding Airports Through Enhanced Security Act of 2016''.

SEC. 2. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration shall conduct a comprehensive security risk assessment 
of all last point of departure airports with nonstop flights to the 
United States.
    (b) Contents.--The security risk assessment required under 
subsection (a) shall include consideration of the following:
            (1) The level of coordination and cooperation between the 
        Transportation Security Administration and the foreign 
        government of the country in which the last point of departure 
        airport with nonstop flights to the United States is located.
            (2) The intelligence and threat mitigation capabilities of 
        the country in which such airport is located.
            (3) The number of known or suspected terrorists annually 
        transiting through such airport.
            (4) The passenger security screening practices, 
        capabilities, and capacity of such airport.
            (5) The security vetting undergone by aviation workers at 
        such airport.
            (6) The access controls utilized by such airport to limit 
        to authorized personnel access to secure and sterile areas of 
        such airports.
            (7) The degree to which the government of the country in 
        which such airport is located mandates, encourages, or 
        prohibits the collection, analysis, or sharing of passenger 
        name records.

SEC. 3. SECURITY COORDINATION ENHANCEMENT PLAN.

    (a) In General.--Not later than 240 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration shall submit to Congress and the Government 
Accountability Office a plan--
            (1) to enhance and bolster security collaboration, 
        coordination, and information sharing relating to securing 
        international-inbound aviation between the United States and 
        domestic and foreign partners, including U.S. Customs and 
        Border Protection, foreign government entities, passenger air 
        carriers, cargo air carriers, and United States Government 
        entities, in order to enhance security capabilities at foreign 
        airports, including airports that may not have nonstop flights 
        to the United States but are nonetheless determined by the 
        Administrator to be high risk; and
            (2) that includes an assessment of the ability of the 
        Administration to enter into a mutual agreement with a foreign 
        government entity that permits Administration representatives 
        to conduct without prior notice inspections of foreign 
        airports.
    (b) GAO Review.--Not later than 180 days after the submission of 
the plan required under subsection (a), the Comptroller General of the 
United States shall review the efforts, capabilities, and effectiveness 
of the Transportation Security Administration to enhance security 
capabilities at foreign airports and determine if the implementation of 
such efforts and capabilities effectively secures international-inbound 
aviation.

SEC. 4. WORKFORCE ASSESSMENT.

    Not later than 270 days after the date of the enactment of this 
Act, the Administrator of the Transportation Security Administration 
shall submit to Congress a comprehensive workforce assessment of all 
Administration personnel within the Office of Global Strategies of the 
Administration or whose primary professional duties contribute to the 
Administration's global efforts to secure transportation security, 
including a review of whether such personnel are assigned in a risk-
based, intelligence-driven manner.

SEC. 5. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED STATES.

    (a) In General.--The Administrator of the Transportation Security 
Administration is authorized to donate security screening equipment to 
a foreign last point of departure airport operator if such equipment 
can be reasonably expected to mitigate a specific vulnerability to the 
security of the United States or United States citizens.
    (b) Report.--Not later than 30 days before any donation of security 
screening equipment pursuant to subsection (a), the Administrator of 
the Transportation Security Administration shall provide 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 a 
detailed written explanation of the following:
            (1) The specific vulnerability to the United States or 
        United States citizens that will be mitigated by such donation.
            (2) An explanation as to why the recipient of such donation 
        is unable or unwilling to purchase security screening equipment 
        to mitigate such vulnerability.
            (3) An evacuation plan for sensitive technologies in case 
        of emergency or instability in the country to which such 
        donation is being made.
            (4) How the Administrator will ensure the security 
        screening equipment that is being donated is used and 
        maintained over the course of its life by the recipient.
            (5) The total dollar value of such donation.

SEC. 6. NATIONAL CARGO SECURITY PROGRAM.

    (a) In General.--The Administrator of the Transportation Security 
Administration may evaluate foreign countries' air cargo security 
programs to determine whether such programs provide a level of security 
commensurate with the level of security required by United States air 
cargo security programs.
    (b) Approval and Recognition.--
            (1) In general.--If the Administrator of the Transportation 
        Security Administration determines that a foreign country's air 
        cargo security program evaluated under subsection (a) provides 
        a level of security commensurate with the level of security 
        required by United States air cargo security programs, the 
        Administrator shall approve and officially recognize such 
        foreign country's air cargo security program.
            (2) Effect of approval and recognition.--If the 
        Administrator of the Transportation Security Administration 
        approves and officially recognizes pursuant to paragraph (1) a 
        foreign country's air cargo security program, cargo aircraft of 
        such foreign country shall not be required to adhere to United 
        States air cargo security programs that would otherwise be 
        applicable.
    (c) Revocation and Suspension.--
            (1) In general.--If the Administrator of the Transportation 
        Security Administration determines at any time that a foreign 
        country's air cargo security program approved and officially 
        recognized under subsection (b) no longer provides a level of 
        security commensurate with the level of security required by 
        United States air cargo security programs, the Administrator 
        may revoke or temporarily suspend such approval and official 
        recognition until such time as the Administrator determines 
        that such foreign country's cargo security programs provide a 
        level of security commensurate with the level of security 
        required by such United States air cargo security programs.
            (2) Notification.--If the Administrator of the 
        Transportation Security Administration revokes or suspends 
        pursuant to paragraph (1) a foreign country's air cargo 
        security program, the Administrator shall notify the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate not later than 30 days after such revocation or 
        suspension.

SEC. 7. CHECKPOINTS OF THE FUTURE.

    (a) In General.--The Administrator of the Transportation Security 
Administration, shall request the Aviation Security Advisory Committee 
to develop recommendations for more efficient and effective passenger 
screening processes.
    (b) Considerations.--In making recommendations to improve existing 
passenger screening processes pursuant to subsection (a), the Aviation 
Security Advisory Committee shall consider the following:
            (1) The configuration of a checkpoint.
            (2) Technology innovation.
            (3) Ways to address any vulnerabilities identified in 
        audits of checkpoint operations.
            (4) Ways to prevent security breaches at airports at which 
        Federal security screening is provided.
            (5) Best practices in aviation security.
            (6) Recommendations from airport and aircraft operators, 
        and any relevant advisory committees.
            (7) ``Curb to curb'' processes and procedures.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator 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 
recommendations of the Aviation Security Advisory Committee under this 
section, including any recommendations for improving screening 
processes.

            Passed the House of Representatives April 26, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.