59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–513 

SECURING AVIATION FROM FOREIGN ENTRY POINTS AND GUARDING AIRPORTS THROUGH ENHANCED SECURITY ACT OF 2016 

APRIL 21, 2016.—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. 4698] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 4698) to enhance aviation by requiring airport security 

assessments and a security coordination enhancement plan, and for 

other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended 

do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 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 ................................................................................. 7 

Preemption Clarification ......................................................................................... 7 

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 amendment is as follows: 

Strike all after the enacting clause and insert the following: 


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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. 

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. 


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(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. 

PURPOSE AND SUMMARY

The purpose of H.R. 4698 is to enhance aviation by requiring airport security assessments and a security coordination enhancement 

plan, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

In response to the persistent threats to international-inbound 

aviation from last point of departure airports with direct flights to 

the United States, this legislation provides critical impetus for the 

Transportation Security Administration (TSA) to comprehensively 

assess the risk foreign airports pose to U.S. citizens and passenger 

air carriers. The ability for the TSA’s Office of Global Strategies to 

effectively implement security protocols and inspections at last 

point of departure airports is necessary to securing the international-inbound aviation sector. With consistent attacks on passenger aircraft and airports around the world, such as in Egypt, 

Somalia, and Belgium, the legislation also grants TSA the authority to donate security screening equipment to high-risk airports 

overseas, in order to help build needed screening capacity among 

foreign partners. Determined adversaries are intent on attacking 


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U.S. interests, with a particular emphasis on aviation, and the 

troubling increase in foreign fighters associated with radical violent 

extremists require the oversight and security enhancements included in this legislation. 

HEARINGS

114th Congress 

No hearings were held on H.R. 4698, however, the Subcommittee 

on Transportation Security held a hearing on December 8, 2015, 

entitled ‘‘Examining TSA’s Global Efforts to Protect the Homeland 

from Aviation Threats and Enhance Security at Last Point of Departure Airports.’’ The Subcommittee received testimony from Mr. 

Joseph Terrell, Deputy Assistant Administrator, Office of Global 

Strategies, Transportation Security Administration, U.S. Department of Homeland Security. 

112th Congress 

The Subcommittee on Transportation Security held a hearing on 

May 8, 2012, entitled ‘‘Building Secure Partnerships in Travel, 

Commerce, and Trade with the Asia-Pacific Region.’’ The Subcommittee received testimony from Mr. John Halinski, Assistant 

Administrator, Office of Global Strategies, Transportation Security 

Administration, Department of Homeland Security; Mr. Mark 

Koumans, Deputy Assistant Secretary, Office of International Affairs, Department of Homeland Security; Hon. Hans G. Klemm, 

Economic Coordinator, U.S. Senior Official for Asia-Pacific Economic Cooperation, Bureau of East Asian and Pacific Affairs, U.S. 

Department of State; Mr. Gary E. Wade, Vice President Security, 

Atlas Air Worldwide Holdings, Inc., testifying on behalf of the 

Cargo Airline Association; Ms. Dorothy Reimold, Assistant Director, 

Security and Travel Facilitation, International Air Transport Association; Mr. Roger Dow, President and Chief Executive Officer, U.S. 

Travel Association; and Mr. Michael C. Mullen, Executive Director, 

Express Association of America. 

COMMITTEE CONSIDERATION

The Committee met on March 23, 2016, to consider H.R. 4698, 

and ordered the measure to be reported to the House with a favorable recommendation, as amended, by unanimous consent. The 

Committee took the following actions: 

The following amendment was offered: 

An amendment by MS. JACKSON LEE (#1); was AGREED TO by 

unanimous consent. 

In section 3(b), strike ‘‘secure’’ and insert ‘‘determine if the implementation of 

such efforts and capabilities effectively secures’’. 

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. 4698. 


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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. 4698, the 

Securing Aviation from Foreign Entry Points and Guarding Airports Through Enhanced Security Act of 2016, would result in no 

new or increased budget authority, entitlement authority, or tax 

expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, April 12, 2016. 

Hon. MICHAEL MCCAUL, 

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. 4698, the Securing Aviation from Foreign Entry Points and Guarding Airports Through 

Enhanced Security Act of 2016. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 4698—Securing Aviation from Foreign Entry Points and 

Guarding Airports Through Enhanced Security Act of 2016 

H.R. 4698 would require the Administrator of the Transportation 

Security Administration (TSA) to undertake a comprehensive risk 

assessment of security procedures at foreign airports where nonstop flights to the United States originate and authorize the agency 

to donate security screening equipment to such airports. The bill 

also would direct TSA and the Government Accountability Office 

(GAO) to develop a plan to enhance security-related collaboration 

between the United States and foreign partners, require TSA to 

complete an assessment of TSA personnel primarily devoted to 

international transportation security, and authorize TSA to evaluate foreign countries’ cargo security programs. 

According to TSA, many of the requirements specified in H.R. 

4698 are largely consistent with current administrative policy. As 

a result, CBO estimates that any increased spending by TSA and 

GAO to meet the bill’s requirements would total less than $500,000 


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annually; any such spending would be subject to the availability of 

appropriated funds. 

Enacting H.R. 4698 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 4698 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

H.R. 4698 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 H. Samuel Papenfuss, 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. 4698 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

H.R. 4698 requires the Administrator of the Transportation Security Administration to submit, not later than 240 days after enactment of the legislation, to both Congress and the Government Accountability Office, a plan to enhance and bolster security collaboration, coordination, and information sharing relating to securing 

international-inbound aviation among domestic and foreign partners. Subsequently, not later than 180 days after the submission 

of the plan, the Government Accountability Office is required to 

conduct a review pertaining to the efforts, capabilities, and effectiveness of the Transportation Security Administration’s efforts to 

enhance security capabilities and secure international-inbound 

aviation. 

Additionally, the Administrator of the Transportation Security 

Administration is required to assess those personnel in the Administration’s workforce operating within the Office of Global Strategies or whose primary professional duties contribute to the Administration’s global efforts to secure transportation security, not later 

than 270 days after enactment. 

The legislation also includes justification and notification requirements to Congress for any donation of security screening 

equipment to a foreign airport or the revocation or suspension pertaining to a foreign county’s air cargo security program. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 4698 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. 


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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. 4698 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 4698 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 ‘‘Securing 

Aviation from Foreign Entry Points and Guarding Airports 

Through Enhanced Security Act of 2016’’. 

Sec. 2. Last Point of Departure Airport Security Assessment. 

This section requires the Administrator of the Transportation Security Administration (TSA) to conduct a comprehensive security 

risk assessment of all last point of departure (LPD) airports that 

have nonstop flights to the United States. This assessment must be 

completed no later than 180 days after the date of enactment. The 

information that shall be considered by the security risk assessment includes: (1) The amount of cooperation and coordination between the TSA and foreign government of the country where the 

LPD airport, with nonstop service to the U.S., is located; (2) threat 

mitigation and intelligence capabilities of the country where the 

airport is located; (3) the total number of suspected or known terrorists annually transiting through the airport; (4) The practices, 

capabilities, and capacity of passenger security screening at each 

airport (5) any and all security vetting conducted on airline and 

airport workers at each airport; and (5) how each airport’s access 

controls will limit authorized personnel access to sterile and secure 

areas. 


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Sec. 3. Security Coordination Enhancement Plan. 

This section requires the TSA Administrator to submit to Congress and the Government Accountability Office a plan that includes two provisions no later than 240 days after enactment.These 

provisions include: (1) The bolstering and enhancement of security 

collaboration, information sharing, and coordination between the 

U.S. and domestic/foreign partners, including foreign government 

entities, passenger air carriers, cargo air carriers, U.S. government 

entities and the U.S. Customs and Border Protection; and (2) an 

assessment of the Administration’s ability to enter into a mutual 

agreement with a foreign government entity that allows representatives of the administration to conduct inspections of foreign airports without prior notice. 

Additionally, the Comptroller General of the United States is required to conduct a review of the capabilities, efforts, and effectiveness of the TSA to improve security capabilities at foreign airports 

and secure international in-bound aviation. This review shall be 

conducted no more than 180 days after the submission of the plan 

outlined in subsection (a). 

Sec. 4. Workforce Assessment. 

This section requires the TSA Administrator submit a workforce 

assessment of all Administration personnel within the Office of 

Global Strategies or those who have primarily professional duties 

relevant to the Administration’s global efforts of ensuring transportation security. This assessment shall also include a review of 

whether these personnel are assigned in a risk-based, intelligencedriven manner. Additionally, this assessment shall be submitted to 

Congress no more than 270 days after the date of the Act’s enactment. 

Sec. 5. Donation of Screening Equipment to Protect the United 

States. 

This section allows the TSA Administrator to donate security 

screening equipment to a foreign LPD airport operator if the equipment can be expected to reduce specific vulnerabilities to the security of the U.S. or U.S. citizens. In addition, the Administrator of 

the TSA will be required to provide, no more than 30 days after 

any security screening equipment donated, to the House of Representatives Committee on Homeland Security, U.S. Senate Committee on Homeland Security and Governmental Affairs, and the 

U.S. Senate Committee on Commerce, Science and Transportation, 

a report outlining the following: (1) The specific vulnerability to the 

United States or United States’ citizens that will be reduced by the 

donation of security screening equipment; (2) an explanation as to 

why the donation’s recipient is unwilling or unable to purchase security screening equipment to reduce security vulnerabilities; (3) 

an evacuation plan for sensitive technologies should an emergency 

arise or the country experience instability where the donation is occurring; (4) how the Administrator plans to ensure the security 

screening equipment that is being donated is maintained and used 

for the duration of its lifespan; and (5) the total dollar value for 

such a donation. 


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Sec. 6. National Cargo Security Program. 

The section authorizes the TSA Administrator to evaluate the air 

cargo security programs at foreign airports in order to determine 

if the programs provide security levels commensurate with levels 

of security required within the U.S. air cargo security programs. 

The Administrator shall approve and recognize a foreign country’s 

air cargo security program if the Administrator finds the program 

from subsection (a) provides a level of security required by the U.S. 

air cargo security programs. Additionally, if the TSA Administrator 

approves and recognizes a foreign country’s air cargo security program, cargo aircraft of the foreign country shall not be required to 

follow U.S. air cargo security programs that would otherwise be applicable. 

If the TSA Administrator determines that a foreign country’s air 

cargo security program approved and recognized in subsection (b) 

does not provide levels of security commensurate with U.S.-mandated air cargo security programs, the Administrator has the authority to revoke or suspend temporarily approval and recognition. 

Reinstatement will not occur until the Administrator determines 

the foreign country’s cargo security programs provide a security 

level equal to that found in the U.S.’ air cargo security programs. 

Finally, should the Administrator suspend or revoke a foreign 

country’s air cargo security program, the Administrator is required 

to notify the U.S. House of Representatives Committee on Homeland Security and the U.S. Senate Committee on Commerce, 

Science, and Transportation. This notification must occur no more 

than 30 days after the suspension or revocation. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

As reported, H.R. 4698 makes no changes to existing law. 

Æ 


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