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[Senate Report 114-222]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 382
114th Congress    }                                       {      Report
                                 SENATE 
 2d Session       }                                       {     114-222
_______________________________________________________________________

             AIRPORT SECURITY ENHANCEMENT AND OVERSIGHT ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2361

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 March 7, 2016.--Ordered to be printed
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-010                         WASHINGTON : 2016                  
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Rebecca Seidel, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                 
                 
                 
                 
                 
                 
                 
                 
                                                      Calendar No. 382
114th Congress   }                                         {    Report
                                 SENATE
 2d Session      }                                         {   114-222

======================================================================

 
             AIRPORT SECURITY ENHANCEMENT AND OVERSIGHT ACT

                                _______
                                

                  March 7, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2361]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2361) to enhance airport 
security, and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 2361 is to improve oversight, vetting, 
and credentialing of airport workers with access to the secure 
area of an airport, and for other purposes.

                          Background and Needs

    The need for enhanced oversight of airport workers with 
access to secure areas stems from findings of recent security 
gaps and a growing concern about aviation security in an 
environment threatened by global terrorism. A number of airport 
security vulnerabilities exposed within the last year, 
including missing and improper use of Secure Identification 
Display Area (SIDA) badges by airport and airline workers, a 
Department of Homeland Security (DHS) Office of Inspector 
General (OIG) report finding that the Transportation Security 
Administration (TSA) did not identify 73 airport workers with 
potential links to terrorism due to gaps in current interagency 
watchlisting policy, and the fact that the TSA does not 
exercise an appropriately rigorous oversight plan related to 
lost or missing SIDA badges, have made it clear that 
enhancements to airport security are needed to ensure greater 
public safety.
    The Airport Security Enhancement and Oversight Act of 2015 
builds upon the bipartisan TSA oversight efforts of the 
Committee in 2015, including classified briefings and three 
oversight letters to the TSA on the improper use of SIDA badges 
and the TSA's access to the U.S. Government's consolidated 
terrorism database, known as the Terrorist Identities Datamart 
Environment (TIDE). Additionally, the bill would authorize 
activities recommended by the Aviation Stakeholder Advisory 
Committee (ASAC) for improving airport employee access 
controls, which the TSA has been slow to implement in some 
cases.

                         Summary of Provisions

    S. 2361 would improve vetting, credentialing, and 
inspections of airport workers with access to the SIDA of an 
airport, and would increase TSA oversight responsibilities 
regarding airport workers with missing SIDA credentials and 
airports with chronic underperformance on badge accountability. 
This bill also would require the TSA Administrator to conduct 
an updated threat assessment regarding airport workers with 
SIDA credentials and the security measures in place to address 
resulting vulnerabilities in light of recent international 
terrorist activity, to revise the rules on unescorted airport 
access controls, to make the expiration date on each airport 
credential issued to a non-United States citizen consistent 
with such individual's immigration status, and to enhance the 
eligibility requirements and disqualifying criminal offenses 
for individuals seeking or having unescorted access to a SIDA 
of an airport based on similar criteria utilized by U.S. 
Customs and Border Protection (CBP) and other DHS programs.
    This bill also would improve airport worker vetting by 
requiring the TSA Administrator to implement the Federal Bureau 
of Investigation's (FBI) ``Rap Back'' service for recurrent 
background checks of SIDA badge holders, and by requiring that 
the TSA receive automated, real-time access to additional 
terrorism-related information in the TIDE database. Under the 
bill, airport operators also would be granted direct access to 
the E-Verify program and the Systematic Alien Verification for 
Entitlements (SAVE) automated system in order to determine the 
eligibility based on immigration status of individuals seeking 
unescorted access authority to a SIDA of an airport.
    The bill also would require the TSA Administrator to 
develop and implement airport access control performance 
metrics and best practices, and expand the use of random 
physical inspections of airport workers with SIDA access. The 
TSA Administrator also would be directed to disseminate best 
practices on airport worker screening based on a review of 
airports that have implemented comprehensive screening, and 
conduct red-team, covert testing of SIDA access controls.
    The bill also would require the TSA Administrator to 
conduct a comprehensive review of current security directives. 
The purpose of this review would be to streamline, consolidate, 
or revoke security directives to most efficiently maximize risk 
reduction as necessary. One year after the date of enactment, 
the Comptroller General of the United States would be required 
to submit a report to Congress that assesses the progress made 
by the TSA in implementing the oversight, credentialing, 
vetting, and inspection requirements under the bill.

                          Legislative History

    On December 7, 2015, S. 2361, the Airport Security 
Enhancement and Oversight Act was introduced by Senators Thune, 
Nelson, Ayotte, and Cantwell. The bill is also cosponsored by 
Senators Johnson and Klobuchar. The bill is a complementary 
proposal to H.R. 2750, the Improved Security Vetting for 
Aviation Workers Act, and H.R. 3102, the Airport Access Control 
Security Improvement Act, which passed the House of 
Representatives by voice votes on July 27, 2015, and on October 
6, 2015, respectively. H.R. 2750 was introduced by 
Representatives Katko (R-NY), Rice (D-NY), McCaul (R-TX), and 
Payne (D-NJ) in June 2015, and was ordered to be reported by 
the Committee on Homeland Security of the House of 
Representatives in July 2015. H.R. 3102 was introduced by 
Representatives Katko (R-NY), Rice (D-NY), and McCaul (R-TX) in 
July 2015, and was ordered to be reported by the Committee on 
Homeland Security of the House of Representatives in October 
2015.
    No Senate hearings were held on S. 2361 in the 114th 
Congress. The Committee on Commerce, Science, and 
Transportation of the Senate however held a hearing on March 
17, 2015, entitled ``TSA Oversight and Examination of the 
Fiscal Year 2016 Budget Request,'' and received testimony from 
Melvin Carraway, Acting Administrator, Transportation Security 
Administration, Department of Homeland Security, which 
responded to questions about SIDA badges. The Committee also 
held a hearing on May 21, 2015, to consider the nomination of 
Peter Neffenger to be the TSA Administrator, during which the 
issue of misused SIDA badges was addressed. The Committee also 
conducted oversight on missing SIDA badges and airport worker 
vetting in the 114th Congress with a series of three letters 
sent to the TSA Administrator by Chairman Thune, Ranking Member 
Nelson, and other Committee members. The TSA's responses to 
these letters indicated that the TSA does not maintain a list 
of lost or missing SIDA badges, and that it rarely uses its 
enforcement authority to fine airports that reach a certain 
threshold of missing SIDA badges, prompting related provisions 
in S. 2361.
    In the House of Representatives in the 114th Congress, the 
Subcommittee on Transportation Security of the Committee on 
Homeland Security held a two-part hearing on airport access 
control entitled, ``A Review of Access Control Measures at Our 
Nation's Airports.'' At part I of the hearing on February 3, 
2015, the subcommittee received testimony from Mark Hatfield, 
Acting Deputy Administrator, TSA, DHS; Doug Perdue, Deputy 
Assistant Director, Counterterrorism Division, Federal Bureau 
of Investigation, Department of Justice; Sharon L. Pinkerton, 
Senior Vice President, Legislative and Regulatory Policy, 
Airlines for America; and Miguel Southwell, General Manager, 
Hartsfield-Jackson Atlanta International Airport.
    At part II of the hearing on April 30, 2015, the 
subcommittee received testimony from Melvin J. Carraway, Acting 
Administrator, TSA, DHS; Jeanne M. Olivier, Assistant Director, 
Aviation Security and Technology, Security Operations and 
Programs Department, the Port Authority of New York & New 
Jersey, testifying on behalf of the American Association of 
Airport Executives; and Steven Grossman, Chief Executive 
Officer/Executive Director, Jacksonville International Airport, 
Jacksonville Aviation Authority, testifying on behalf of the 
Airports Council International, North America.
    On June 16, 2015, the subcommittee also held a hearing 
entitled, ``How TSA Can Improve Aviation Worker Vetting,'' and 
received testimony from John Roth, Inspector General, 
Department of Homeland Security; Stacey Fitzmaurice, Deputy 
Assistant Administrator, Office of Intelligence and Analysis, 
Transportation Security Administration, DHS; and Jennifer 
Grover, Director, Transportation Security and Coast Guard 
Issues, Homeland Security and Justice Team, Government 
Accountability Office.
    On December 9, 2015, the Committee on Commerce, Science, 
and Transportation of the Senate met in open Executive Session 
to consider S. 2361, and ordered the bill to be reported to the 
Senate favorably, with a first degree amendment, by voice vote. 
The first degree amendment, sponsored by Senators Nelson, 
Blumenthal, and Booker, added language that would ensure there 
exists or is developed a waiver process for airport workers for 
denied SIDA credentials.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2361--Airport Security Enhancement and Oversight Act

    S. 2361 would require the Administrator of the 
Transportation Security Administration (TSA) to undertake a 
variety of activities to improve the effectiveness of processes 
for screening, vetting, and credentialing personnel at 
airports, particularly individuals with access to secure areas. 
Such activities would include using risk-based models for 
screening airport employees based on the level of security of 
areas they access, reviewing procedures related to vetting 
employees and auditing airports' issuance of credentials, 
studying opportunities to enhance security of entry and exit 
areas of secure areas of airports, and other security-related 
and administrative activities. The bill also would direct the 
agency to increase covert tests of security measures at secure 
areas of airports and require a variety of studies and reports.
    According to TSA, many of the requirements specified in S. 
2361 are largely consistent with current administrative policy. 
As a result, CBO estimates that any increased spending by TSA 
to meet the bill's requirements would total less than $500,000; 
any such spending would be subject to the availability of 
appropriated funds. According to TSA, some of the analyses and 
reports required by the bill could result in changes in 
policies that, if implemented, might affect the agency's costs 
in future years. Any such effects would depend on the outcome 
of such analyses and are not reflected in this estimate.
    Because enacting S. 2361 would not affect direct spending 
or revenues, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 2361 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    S. 2361 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    S. 2361 contains provisions related to screening personnel 
at airports that are similar to provisions in other bills for 
which CBO has transmitted cost estimates. In all cases, our 
estimates of budgetary effects of such provisions are the same. 
In particular:
           On July 24, 2015, CBO transmitted a cost 
        estimate for H.R. 2750, the Improved Security Vetting 
        for Aviation Workers Act of 2015, as ordered reported 
        by the House Committee on Homeland Security on June 25, 
        2015;
           On November 4, 2015, CBO transmitted a cost 
        estimate for H.R. 3102, the Airport Access Control 
        Security Improvement Act of 2015, as passed by the 
        House of Representatives on October 6, 2015; and,
           On November 4, 2015, CBO transmitted a cost 
        estimate for H.R. 3584, the Transportation Security 
        Administration Reform and Improvement Act of 2015, as 
        ordered reported by the House Committee on Homeland 
        Security on September 30, 2015.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

    The bill would cover foreign and domestic air carriers and 
the approximately 440 U.S. airports which are currently subject 
to TSA rules and regulations on SIDA access control. The bill 
would also cover the tens of thousands of SIDA badge holders 
that currently work at U.S. airports, as well as an even 
greater number of total future SIDA badge applicants.

                            ECONOMIC IMPACT

    The bill would not authorize new spending by the Federal 
Government. Under the bill, the TSA Administrator would be 
required to conduct two rulemakings subject to notice and 
comment, which would update existing rules and regulations to 
which airport operators and airlines are already subject. 
Depending on the outcome of the TSA's rulemaking updates, 
airport operators may be required to pay increased fines and 
undergo additional audits if they report certain percentages of 
missing SIDA badges. They also may be encouraged by the TSA to 
issue temporary SIDA badges to airport workers under limited 
circumstances. Airport operators may also be required develop a 
waiver process for denied SIDA credentials if one does not 
already exist. In addition, under a rule of construction in the 
bill, the rulemaking update related to vetting cannot be 
construed to affect existing airport worker vetting fees 
imposed by the TSA. Finally, the requirement to streamline 
security directives under the bill may result in economic 
efficiencies to airport operators and air carriers.

                                PRIVACY

    The bill would impact the personal privacy of individuals 
who apply to receive and who already possess SIDA badges for 
unescorted access to secure areas of airports. Specifically, 
the bill would require the TSA Administrator to enhance the 
criminal history background checks that SIDA badge applicants 
must already undergo as part of the vetting process. The bill 
also would subject SIDA badge applicants to additional checks 
against terrorism and immigration status databases, and would 
require all SIDA badge holders to undergo recurrent criminal 
history background checks. The bill would subject SIDA badge 
holders to expanded use of random physical inspections and 
covert testing, which are existing practices.

                               PAPERWORK

    The bill would not significantly increase paperwork 
requirements for private individuals or businesses. The 
enhanced regulatory requirements under the bill for oversight 
of missing airport SIDA badges would be enforced using 
information gained from existing audits and reporting 
procedures. Additionally, the TSA would be required to track 
and keep records on multiple years of airport audit data 
related to missing SIDA badges for oversight purposes. The 
updated vetting requirements under the bill would be 
implemented using existing background check, certification, and 
waiver processes. The bill also would require the Federal 
Government to produce eight reports (one of which is an annual 
report), one regular update to Congress, and a notification to 
Congress triggered by certain occurrences.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title.

    This section would designate the short title of the bill as 
the, ``Airport Security Enhancement and Oversight Act.''

Section 2. Findings.

    This section would state findings of the Committee's 
oversight efforts in the last year regarding recent lapses in 
security at domestic airports, including improper use of SIDA 
badges by airport and airline workers and a group of 
contractors indicted for participating in a drug smuggling 
ring. The findings also would highlight a DHS OIG report 
finding that the TSA did not identify 73 airport workers with 
potential links to terrorism due to gaps in current interagency 
watchlisting policy. Noted also in this section would be the 
finding that the TSA does not maintain a list of lost or 
missing SIDA badges, and that it rarely uses its enforcement 
authority to fine airports that reach a certain threshold of 
missing SIDA badges.

Section 3. Definitions.

    This section would provide relevant definitions of terms 
used in the legislation.

Section 4. Threat assessment.

    This section would instruct the TSA Administrator to update 
an assessment to determine the level of risk posed to airport 
security by workers with access to secure areas of domestic 
airports in light of recent terrorist activity. Factors for the 
TSA Administrator to consider would include domestic and 
international intelligence, the recent security breaches at 
domestic and international airports, and the recent security 
improvements at domestic airports, including the implementation 
of recommendations made by the ASAC. This section also would 
require the TSA Administrator to report to Congress the results 
of this assessment, as well as a report on the implementation 
status of recent recommendations made by the ASAC to the TSA. 
Finally, the TSA Administrator also would be required to report 
to Congress with regular updates about the threat environment 
as new information becomes available and as needed.

Section 5. Oversight.

    This section would require the TSA Administrator to update, 
in consultation with airport operators, the rules on unescorted 
airport access controls issued by the Secretary of Homeland 
Security. In updating these rules, the TSA Administrator would 
have to consider increased fines and oversight for airport 
operators that report missing more than five percent of 
credentials for unescorted access to any SIDA of an airport, 
and best practices for Category X airports (the largest 
airports) that report missing three percent of credentials to 
any SIDA of an airport. The TSA Administrator also would be 
required to consider additional audits and status checks for 
airport operators that report missing more than three percent 
of credentials, as well as a review and analysis of the prior 
five years of audits for those same airport operators to 
improve accountability by airports and badge holders alike. The 
Committee does not intend for the TSA Administrator to 
retroactively request five years' worth of audit data from 
airports upon the date of enactment; instead, the Committee 
expects the TSA Administrator to implement this review and 
analysis requirement as soon as the data can be practically 
collected through existing airport audit procedures, and to 
build the database going forward. Finally, in updating these 
rules, the TSA Administrator would be required to consider 
increased fines and direct enforcement requirements for airport 
workers and their employers that fail to report within 24 hours 
an employment termination or a missing credential, and 
termination of any airport worker that fails to report in a 
timely manner missing credentials.
    This section also would allow the TSA Administrator to 
encourage the issuance of free, one-time, 24-hour temporary 
credentials for workers who have reported their credentials 
missing but not permanently lost, stolen, or destroyed, in a 
timely manner, much like a hold on a credit card, until the 
badge is found and reactivated or the replacement of the 
credential is necessary. This section also would require the 
TSA Administrator to report to Congress each time an airport 
operator reports missing more than three percent of credentials 
at Category X airports and more than five percent of 
credentials at all other airports, and to submit an annual 
report on the number of violations and fines related to 
unescorted access authority to the SIDA of an airport collected 
in the preceding fiscal year.

Section 6. Credentials.

    This section would require the TSA Administrator to issue 
guidance to airport operators requiring that they place an 
expiration date on each airport credential issued to a non-
United States citizen commensurate with the period of time 
during which that non-United States citizen is lawfully 
authorized to work in the United States. In addition, the TSA 
Administrator would have to issue guidance for transportation 
security inspectors to annually review the procedures of 
airport operators for applicants seeking unescorted access 
authority to any SIDA of airports. This guidance should include 
a review of background check and employment authorization 
documents.

Section 7. Vetting.

    This section would require the TSA Administrator to update 
and enhance, through a notice and comment rulemaking, the 
eligibility requirements and disqualifying criminal offenses 
for individuals seeking or having unescorted access to a SIDA 
of an airport. In revising these regulations, the TSA 
Administrator would have to consider adding to the list of 
disqualifying criminal offenses the offenses and criteria used 
by CBP and those used for the Transportation Worker 
Identification Credential (known as TWIC) for access to secure 
areas, with the goal of streamlining and making consistent 
similar airport worker requirements, where appropriate. This 
section also would require the TSA Administrator to propose in 
the Notice of Proposed Rulemaking an extension of the look-back 
period for disqualifying criminal offenses and other 
disqualifying criteria from 10 to 15 years before the date of 
an individual's application. The rulemaking also would require 
an airport or aircraft operator to certify that there is a 
specific need and that the individual understands the 
requirements for possessing a SIDA badge for each individual 
who receives unescorted access authority.
    This section would require the TSA Administrator to ensure 
that there exists or is developed a waiver process for 
approving the issuance of credentials for SIDA access for 
individuals who are denied a credential due to a criminal 
history background check. As part of the rulemaking update, the 
Committee expects the TSA Administrator to carefully weigh the 
costs and administrative burdens associated with this 
requirement. Consideration should be given to airport community 
preferences to retain control of the waiver process and 
employee group concerns about the lack of a centralized system. 
The Committee does not intend to create a significant financial 
burden associated with the development of such a waiver process 
at airports where one does not currently exist.
    In addition, this section would require the TSA 
Administrator and the Director of the FBI to fully implement 
the Rap Back service for recurrent vetting of individuals with 
SIDA badges. As part of this program, the TSA Administrator 
would be required to ensure that the TSA only receives status 
notifications through the Rap Back service about disqualifying 
criminal offenses in accordance with regulations, and that any 
information received by the TSA through the Rap Back service is 
provided directly and immediately to the relevant airport and 
aircraft operators. The Secretary of Homeland Security also 
would be required to authorize the TSA Administrator to receive 
automated, real-time access to additional TIDE data and to 
authorize each airport operator to have direct access to the E-
Verify program and the SAVE automated system to determine the 
eligibility based on immigration status of individuals seeking 
unescorted access authority to a SIDA of an airport.

Section 8. Metrics.

    This section would require the TSA Administrator to develop 
and implement performance metrics to measure the effectiveness 
of security for secured areas of airports. The TSA 
Administrator may consider such factors as adherence to access 
point procedures, proper use of credentials, differences in 
access point characteristics across the national airport 
system, and other factors in developing these metrics. A report 
by the Comptroller General on the impact of the new performance 
metrics implemented in this section would be due to Congress 
two years after the date of enactment.

Section 9. Inspections and assessments.

    This section would instruct the TSA Administrator, in 
consultation with ASAC, to develop best practices for 
unescorted access security that use intelligence, scientific 
algorithms, and risk-based factors, ensure integrity and 
accountability, subject airport workers to random physical 
security inspections, and appropriately manage the number of 
SIDA access points to reduce unauthorized access to these 
areas. This section also would require the TSA Administrator to 
expand the use of transportation security officers and 
inspectors to conduct enhanced, random, and unpredictable 
physical inspections of airport workers in each SIDA of an 
airport and at each SIDA access point. These inspections would 
be designed to verify the credentials of airport workers, 
determine whether airport workers possess prohibited items, and 
to verify whether airport workers are following appropriate 
procedures to access that SIDA of an airport. The Committee 
intends for this provision to be consistent with the TSA's 
increase in SIDA inspections under existing Playbook 
operations, and intends not to put a significant resource 
burden on the TSA to conduct all random physical inspections at 
airports, an effort which shall remain primarily the 
responsibility of airport operators. Additionally, this section 
would require the TSA Administrator to conduct a review of 
airports that have implemented comprehensive or additional 
employee screening or perimeter security to improve airport 
security and, upon completion of the review, to identify best 
practices for additional access control and employee security 
at airports and to disseminate the best practices identified to 
airport operators. The TSA Administrator also would be 
authorized in this section to conduct a pilot program at one or 
more airports to test and validate the identified best 
practices, as appropriate.

Section 10. Covert testing.

    This section would instruct the TSA Administrator to 
increase the use of red-team, covert testing of access controls 
to any secure area of an airport, and instructs the DHS OIG to 
conduct red-team covert testing of airport access controls to 
the SIDA of airports. This section would require the TSA 
Administrator to submit a report on the progress in expanding 
the use of red-team, covert testing to Congress 90 days after 
enactment, and the DHS OIG to submit a report on the 
effectiveness of airport access controls to the SIDA of 
airports 180 days after enactment.

Section 11. Security directives.

    This section would require the TSA Administrator to begin, 
and then annually conduct, in consultation with the appropriate 
regulated entities, a comprehensive review of every current 
security directive addressed to any regulated entity. This 
review would be designed to determine whether the security 
directives continue to be relevant, whether the security 
directives should be streamlined or consolidated to most 
efficiently maximize risk reduction, and to update, 
consolidate, or revoke any security directive as necessary. 
Going forward, the TSA Administrator would have to notify 
Congress about the extent to which each security directive 
issued responds to a specific threat or emergency situation, 
and when it is anticipated that it will expire. The Committee 
understands that the TSA must be able to act quickly to 
effectively respond to security threats and situations. 
Therefore, the Committee does not intend to impose on the TSA a 
new standard for issuing security directives; it merely intends 
to create a new requirement for notice to Congress.

Section 12. Implementation report.

    This section would require the Comptroller General to 
submit a report to Congress that assesses the progress made by 
the TSA in implementing the oversight, credentialing, vetting, 
and inspection requirements under this Act. The report would be 
due one year after enactment.

Section 13. Miscellaneous amendments.

    This section would include a technical amendment extending 
the term of a member of ASAC beyond two years if the TSA 
Administrator does not appoint a successor. Additionally, it 
would include an amendment which requires the TSA Administrator 
to respond with feedback each time the TSA receives a 
recommendation from ASAC. The feedback also would be required 
to include an action plan to implement any of the 
recommendations with which the TSA Administrator concurs or a 
justification for why any of the recommendations have been 
rejected. This feedback would be due 90 days after the TSA 
Administrator receives the recommendations transmitted by ASAC.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

                         CHAPTER 449. SECURITY

              SUBCHAPTER II. ADMINISTRATION AND PERSONNEL

Sec. 44946. Aviation Security Advisory Committee

  (a) Establishment.--The Assistant Secretary shall establish 
within the Transportation Security Administration an aviation 
security advisory committee.
  (b) Duties.--
          (1) In general.--The Assistant Secretary shall 
        consult the Advisory Committee, as appropriate, on 
        aviation security matters, including on the 
        development, refinement, and implementation of 
        policies, programs, rulemaking, and security directives 
        pertaining to aviation security, while adhering to 
        sensitive security guidelines.
          (2) Recommendations.--
                  (A) In general.--The Advisory Committee shall 
                develop, at the request of the Assistant 
                Secretary, recommendations for improvements to 
                aviation security.
                  (B) Recommendations of subcommittees.--
                Recommendations agreed upon by the 
                subcommittees established under this section 
                shall be approved by the Advisory Committee 
                before transmission to the Assistant Secretary.
          (3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Assistant Secretary--
                  (A) reports on matters identified by the 
                Assistant Secretary; and
                  (B) reports on other matters identified by a 
                majority of the members of the Advisory 
                Committee.
          (4) Annual report.--The Advisory Committee shall 
        submit to the Assistant Secretary an annual report 
        providing information on the activities, findings, and 
        recommendations of the Advisory Committee, including 
        its subcommittees, for the preceding year. Not later 
        than 6 months after the date that the Secretary 
        receives the annual report, the Secretary shall publish 
        a public version describing the Advisory Committee's 
        activities and such related matters as would be 
        informative to the public consistent with the policy of 
        section 552(b) of title 5.
          [(5) Feedback.--Not later than 90 days after 
        receiving recommendations transmitted by the Advisory 
        Committee under paragraph (4), the Assistant Secretary 
        shall respond in writing to the Advisory Committee with 
        feedback on each of the recommendations, an action plan 
        to implement any of the recommendations with which the 
        Assistant Secretary concurs, and a justification for 
        why any of the recommendations have been rejected.]
          (5) Feedback.--Not later than 90 days after receiving 
        recommendations transmitted by the Advisory Committee 
        under paragraph (2) or paragraph (4), the Assistant 
        Secretary shall respond in writing to the Advisory 
        Committee with feedback on each of the recommendations, 
        an action plan to implement any of the recommendations 
        with which the Assistant Secretary concurs, and a 
        justification for why any of the recommendations have 
        been rejected.
          (6) Congressional notification.--Not later than 30 
        days after providing written feedback to the Advisory 
        Committee under paragraph (5), the Assistant Secretary 
        shall notify the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Homeland Security of the House of Representatives on 
        such feedback, and provide a briefing upon request.
          (7) Report to congress.--Prior to briefing the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Homeland Security of 
        the House of Representatives under paragraph (6), the 
        Assistant Secretary shall submit to such committees a 
        report containing information relating to the 
        recommendations transmitted by the Advisory Committee 
        in accordance with paragraph (4).
  (c) Membership.--
          (1) Appointment.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of the Aviation 
                Security Stakeholder Participation Act of 2014, 
                the Assistant Secretary shall appoint the 
                members of the Advisory Committee.
                  (B) Composition.--The membership of the 
                Advisory Committee shall consist of individuals 
                representing not more than 34 member 
                organizations. Each organization shall be 
                represented by 1 individual (or the 
                individual's designee).
                  (C) Representation.--The membership of the 
                Advisory Committee shall include 
                representatives of air carriers, all-cargo air 
                transportation, indirect air carriers, labor 
                organizations representing air carrier 
                employees, labor organizations representing 
                transportation security officers, aircraft 
                manufacturers, airport operators, airport 
                construction and maintenance contractors, labor 
                organizations representing employees of airport 
                construction and maintenance contractors, 
                general aviation, privacy organizations, the 
                travel industry, airport-based businesses 
                (including minority-owned small businesses), 
                businesses that conduct security screening 
                operations at airports, aeronautical repair 
                stations, passenger advocacy groups, the 
                aviation security technology industry 
                (including screening technology and 
                biometrics), victims of terrorist acts against 
                aviation, and law enforcement and security 
                experts.
          (2) Term of office.--
                  [(A) Terms.--The term of each member of the 
                Advisory Committee shall be 2 years. A member 
                of the Advisory Committee may be reappointed.]
                  (A) Terms.--The term of each member of the 
                Advisory Committee shall be 2 years, but a 
                member may continue to serve until the 
                Assistant Secretary appoints a successor. A 
                member of the Advisory Committee may be 
                reappointed.
                  (B) Removal.--The Assistant Secretary may 
                review the participation of a member of the 
                Advisory Committee and remove such member for 
                cause at any time.
          (3) Prohibition on compensation.--The members of the 
        Advisory Committee shall not receive pay, allowances, 
        or benefits from the Government by reason of their 
        service on the Advisory Committee.
          (4) Meetings.--
                  (A) In general.--The Assistant Secretary 
                shall require the Advisory Committee to meet at 
                least semiannually and may convene additional 
                meetings as necessary.
                  (B) Public meetings.--At least 1 of the 
                meetings described in subparagraph (A) shall be 
                open to the public.
                  (C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at 
                each meeting.
          (5) Member access to sensitive security 
        information.--Not later than 60 days after the date of 
        a member's appointment, the Assistant Secretary shall 
        determine if there is cause for the member to be 
        restricted from possessing sensitive security 
        information. Without such cause, and upon the member 
        voluntarily signing a non-disclosure agreement, the 
        member may be granted access to sensitive security 
        information that is relevant to the member's advisory 
        duties. The member shall protect the sensitive security 
        information in accordance with part 1520 of title 49, 
        Code of Federal Regulations.
          (6) Chairperson.--A stakeholder representative on the 
        Advisory Committee who is elected by the appointed 
        membership of the Advisory Committee shall chair the 
        Advisory Committee.

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