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[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.

                                  [all]
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