```

[House Report 114-218]
[From the U.S. Government Publishing Office]

114th Congress ]                                            [ Report
                         HOUSE OF REPRESENTATIVES
 1st Session   ]                                            [ 114-218

======================================================================
 
               KEEPING OUR TRAVELERS SAFE AND SECURE ACT

                                _______
                                

 July 22, 2015.--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. 2770]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2770) to amend the Homeland Security Act of 2002 
to require certain maintenance of security-related technology 
at airports, 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.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     5
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Keeping our Travelers Safe and Secure 
Act''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) The Administrator of the Transportation Security 
        Administration has stated that the maintenance of security-
        related technology such as x-rays, explosive trace detection 
        systems, explosive detection systems, liquid scanners, and 
        enhanced walk-through metal detectors, is central to the 
        execution of Transportation Security Administration's mission 
        to protect United States transportation systems.
          (2) Preventive and corrective maintenance is essential to 
        ensuring and extending the service lives of security-related 
        technology.
          (3) In May 2015, the Inspector General of the Department of 
        Homeland Security, reporting on the results of a performance 
        audit conducted between December 2013 and November 2014, 
        concluded that because the Transportation Security 
        Administration did not properly manage the maintenance of its 
        security-related technology deployed to airports, it cannot be 
        assured that routine preventive maintenance is performed or 
        that equipment is repaired and ready for operational use.
          (4) Specifically, the Inspector General found that the 
        Transportation Security Administration did not issue adequate 
        policies and procedures to document, track, and maintain 
        preventive maintenance actions at the airport level and 
        oversight of contractor-performed maintenance needed to be 
        strengthened.
          (5) According to the Inspector General, if the equipment is 
        not fully operational, the Transportation Security 
        Administration may have to use other screening measures that 
        may be less effective at detecting dangerous items, thereby 
        potentially jeopardizing passenger safety and security.

SEC. 3. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.

  (a) In General.--Title XVI of the Homeland Security Act of 2002 (6 
U.S.C. 561 et seq.) is amended by adding at the end the following:

        ``Subtitle C--Maintenance of Security-Related Technology

``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.

  ``(a) In General.--Not later than 180 days after the date of the 
enactment of this subtitle, the Administrator shall develop and 
implement a preventive maintenance validation process for security-
related technology deployed to airports.
  ``(b) Maintenance by Administration Personnel at Airports.--For 
maintenance to be carried out by Administration personnel at airports, 
the process referred to in subsection (a) shall include the following:
          ``(1) Guidance to Administration personnel, equipment 
        maintenance technicians, and other personnel at airports 
        specifying how to conduct and document preventive maintenance 
        actions.
          ``(2) Mechanisms for the Administrator to verify compliance 
        with the guidance issued pursuant to paragraph (1).
  ``(c) Maintenance by Contractors at Airports.--For maintenance to be 
carried out by a contractor at airports, the process referred to in 
subsection (a) shall require the following:
          ``(1) Provision of monthly preventive maintenance schedules 
        to appropriate Administration personnel at each airport that 
        includes information on each action to be completed by a 
        contractor.
          ``(2) Notification to appropriate Administration personnel at 
        each airport when maintenance action is completed by a 
        contractor.
          ``(3) A process for independent validation by a third party 
        of contractor maintenance.
  ``(d) Penalties for Noncompliance.--The Administrator shall require 
maintenance contracts for security-related technology deployed to 
airports to include penalties for noncompliance when it is determined 
that either preventive or corrective maintenance has not been completed 
according to contractual requirements and manufacturers' 
specifications.''.
  (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 1616 the following:

        ``Subtitle C--Maintenance of Security-Related Technology

``Sec. 1621. Maintenance validation and oversight.''.

SEC. 4. INSPECTOR GENERAL ASSESSMENT.

  Not later than one year after the date of the enactment of this Act, 
the Inspector General of the Department of Homeland Security shall 
assess implementation of the requirements under this Act and the 
amendments made by this Act, and provide findings and recommendations 
with respect to the provision of training to Administration personnel, 
equipment maintenance technicians, and other personnel under section 
1621 of the Homeland Security Act of 2002 (as added by section 3 of 
this Act) and the availability and utilization of equipment maintenance 
technicians employed by the Administration.

                          Purpose and Summary

                  Background and Need for Legislation

    The Department of Homeland Security Office of the Inspector 
General recently issued a report entitled ``The Transportation 
Security Administration Does Not Properly Manage Its Airport 
Screening Equipment Maintenance Program'' (DHS OIG-15-86) which 
examined the TSA's airport screening equipment maintenance 
program and determined that adequate policies and procedures 
had not been implemented. This has resulted in equipment not 
being maintained to the specifications required by the 
manufacturer. Additionally, TSA did not have adequate policies 
to oversee if the routine preventative maintenance was 
accomplished resulting in equipment not being ready for 
operational use. This could shorten the operational life of 
some equipment and incur unnecessary costs to replace it. 
Additionally, the equipment, if not properly maintained, has 
the potential to be less effective at detecting dangerous 
items, which could jeopardize passenger and airline safety.

                                Hearings

    No hearings were held on H.R. 2770.

                        Committee Consideration

    The Committee met on June 23, 2015, to consider H.R. 2770, 
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 by Miss Rice of New York (#1); was AGREED TO by 
voice vote.

     Page 4, line 1, insert ``, equipment maintenance technicians, and 
other personnel'' after ``Administration personnel''.
     At the end of the bill insert a new section entitled ``Sec. 4. 
Inspector General Assessment.''

    The Subcommittee on Transportation Security met on June 16, 
2015, and reported H.R. 2770 to the Full Committee with a 
favorable recommendation, without amendment, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 2770.

                      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. 
2770, the Keeping our Travelers Safe and Secure Act, would 
result in no new or increased budget authority, entitlement 
authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 17, 2015.
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. 2770, the Keeping 
Our Travelers Safe and Secure Act.
    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. 2770--Keeping Our Travelers Safe and Secure Act

    H.R. 2770 specifies requirements and procedures regarding 
the Transportation Security Administration's (TSA's) 
maintenance of security-related technology deployed at 
airports. Based on information from TSA, CBO estimates that 
implementing this legislation would have no significant effect 
on the federal budget. According to the agency, the new 
requirements and procedures specified in the bill are largely 
consistent with existing efforts. As a result, CBO estimates 
that any changes in spending under H.R. 2770 would be 
negligible and would be subject to the availability of 
appropriated funds. Enacting H.R. 2770 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    H.R. 2770 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, 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. 2770 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This bill directs the Inspector General of the Department 
of Homeland Security to conduct an assessment of the 
Administration's implementation of the requirements of this 
legislation one year after the enactment.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 2770 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

    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. 2770 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 2770 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 bill may be cited as the 
``Keeping our Travelers Safe and Secure Act''.

Sec. 2. Findings

    This section outlines the following Congressional findings:
    1. According to the TSA Administrator, maintenance of 
security-related technology (x-rays, explosive trace detection 
systems, explosive detection systems, liquid scanners, and 
enhanced walk-through metal detectors) is vital to protecting 
U.S. transportation systems.
    2. Both preventive and corrective maintenance is required 
for extending service lives of security technology.
    3. According to DHS IG Report 15-86, TSA has not managed 
airport maintenance programs and therefore cannot be assured 
that routine preventive maintenance is performed and that 
equipment is repaired and ready for operational use.
    4. According to DHS IG Report 15-86, TSA did not issue 
adequate policies and procedures to ``document, track, and 
maintain preventive maintenance'' at airports. Oversight of 
contractor-performed maintenance also needed to be 
strengthened.
    5. According to DHS IG Report 15-86, TSA must resort to 
less effective screening measures if equipment is not fully 
operational--at the expense of passenger safety and security.

Section 3. Maintenance of security-related technology

    This section amends the Homeland Security Act of 2002 by 
requiring that the Administrator of the Transportation Security 
Administration (TSA) develop and implement a preventative 
maintenance validation process for security related 
technologies used at airports within 180 days of enactment. 
This process must provide guidance to airport administrators on 
how to properly conduct and document preventative maintenance 
actions. The process must also provide mechanisms to enable 
airport administrators to ensure compliance with the newly 
implemented preventative maintenance validation procedures.
    Additionally, this section specifies that when preventative 
maintenance is carried out by a contractor additional reporting 
and verification processes must be put into place. The 
contractors must provide the appropriate airport administrator 
with monthly preventative maintenance reports that include 
information on what specific actions were carried out by the 
contractor. The contractor must also notify the appropriate 
airport administrator when maintenance tasks have been 
completed. Finally, an independent validation process to verify 
the contractor's claims must be implemented.
    In this section, the bill requires the Administrator of the 
TSA to impose penalties for noncompliance when preventative 
and/or corrective maintenance does meet contractual 
requirements or manufacturer specifications.
    Finally, this section requires the DHS Inspector General 
within one year of enactment to assess implementation of the 
requirements under this act and provide findings and 
recommendations with respect to the provision of training 
personnel, equipment technicians and other personnel and the 
availability and utilization of equipment maintenance 
technicians employed by TSA.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                   TITLE XVI--TRANSPORTATION SECURITY

     * * * * * * *

         Subtitle C--Maintenance of Security-related Technology

Sec. 1621. Maintenance validation and oversight.

           *       *       *       *       *       *       *

TITLE XVI--TRANSPORTATION SECURITY

           *       *       *       *       *       *       *

         Subtitle C--Maintenance of Security-related Technology

SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.

  (a) In General.--Not later than 180 days after the date of 
the enactment of this subtitle, the Administrator shall develop 
and implement a preventive maintenance validation process for 
security-related technology deployed to airports.
  (b) Maintenance by Administration Personnel at Airports.--For 
maintenance to be carried out by Administration personnel at 
airports, the process referred to in subsection (a) shall 
include the following:
          (1) Guidance to Administration personnel, equipment 
        maintenance technicians, and other personnel at 
        airports specifying how to conduct and document 
        preventive maintenance actions.
          (2) Mechanisms for the Administrator to verify 
        compliance with the guidance issued pursuant to 
        paragraph (1).
  (c) Maintenance by Contractors at Airports.--For maintenance 
to be carried out by a contractor at airports, the process 
referred to in subsection (a) shall require the following:
          (1) Provision of monthly preventive maintenance 
        schedules to appropriate Administration personnel at 
        each airport that includes information on each action 
        to be completed by a contractor.
          (2) Notification to appropriate Administration 
        personnel at each airport when maintenance action is 
        completed by a contractor.
          (3) A process for independent validation by a third 
        party of contractor maintenance.
  (d) Penalties for Noncompliance.--The Administrator shall 
require maintenance contracts for security-related technology 
deployed to airports to include penalties for noncompliance 
when it is determined that either preventive or corrective 
maintenance has not been completed according to contractual 
requirements and manufacturers' specifications.

           *       *       *       *       *       *       *

                                  [all]
```