IIB 

114TH CONGRESS 

1ST SESSION H. R. 3102 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2015 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To amend the Homeland Security Act of 2002 to reform 

programs of the Transportation Security Administration, 

streamline transportation security regulations, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Airport Access Control 

3 Security Improvement Act of 2015’’. 

4 SEC. 2. AVIATION SECURITY. 

5 (a) IN GENERAL.—Subtitle A of title XVI of the 

6 Homeland Security Act of 2002 is amended by adding at 

7 the end the following new section: 

8 ‘‘SEC. 1602. RISK-BASED SCREENING OF EMPLOYEES AT 

9 AIRPORTS. 

10 ‘‘(a) SCREENING MODEL.— 

11 ‘‘(1) IN GENERAL.—Not later than 180 days 

12 after the date of the enactment of this section, the 

13 Administrator shall establish a risk-based, intel14 ligence-driven model for the screening of employees 

15 at airports based on level of access and employment 

16 positions at domestic airports. Such screening model 

17 shall— 

18 ‘‘(A) ensure that only those individuals au19 thorized to have access to the secure areas of 

20 a domestic airport are permitted such access; 

21 ‘‘(B) ensure that an individual is imme22 diately denied entry to a secure area when such 

23 individual’s access authorization for such secure 

24 area is withdrawn; and 

25 ‘‘(C) provide a means to differentiate be26 tween individuals authorized to have access to 


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1 an entire secure area and individuals authorized 

2 access to only a particular portion of a secure 

3 area. 

4 ‘‘(2) FACTORS.—The Administrator shall con5 sider the following factors when establishing the 

6 screening model described in paragraph (1): 

7 ‘‘(A) Whether and how often employees at 

8 airports require employment-related access to 

9 Secure Identification Display Areas, Airport 

10 Operations Areas, or secure areas. 

11 ‘‘(B) The ability of each airport operator 

12 to reduce employee entry and exit points to a 

13 mutually agreed-upon minimum number of such 

14 entry and exit points necessary to maintain air15 port operations. 

16 ‘‘(C) In consultation with airport opera17 tors, the ability of the Administration to create 

18 a randomization plan for screening at the de19 fined operational minimum entry and exit 

20 points at airports which maximizes the deter21 rent effect of screening efforts. 

22 ‘‘(b) DISQUALIFYING OFFENSES.— 

23 ‘‘(1) IN GENERAL.—Not later than 180 days 

24 after the date of the enactment of this section, the 

25 Administrator, in consultation with the Director of 


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1 the Federal Bureau of Investigation, labor organiza2 tions representing aviation, ground, and cabin crew 

3 workers, and the Aviation Security Advisory Com4 mittee, shall conduct an aviation security risk-based 

5 review of the disqualifying criminal offenses codified 

6 in sections 1542.209 and 1544.229 of title 49, Code 

7 of Federal Regulations, to determine the appro8 priateness of such offenses as a basis for denying to 

9 an employee a credential that allows unescorted ac10 cess to Secure Identification Display Areas of air11 ports. Such review shall consider the following: 

12 ‘‘(A) The adequacy of codified disquali13 fying offenses to address the current aviation 

14 security threat environment, particularly the 

15 terrorism insider threat. 

16 ‘‘(B) If such codified disqualifying offenses 

17 should be tailored to address the current avia18 tion security threat environment, particularly 

19 the terrorism insider threat, by excluding or in20 cluding other offenses. 

21 ‘‘(C) The potential security benefits, draw22 backs, and challenges associated with identi23 fying patterns of misdemeanors or of other non24 disqualifying offenses that could jeopardize 

25 aviation security. 


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1 ‘‘(D) The feasibility of integrating similar 

2 departmental eligibility requirements for access 

3 to Secure Identification Display Areas of air4 ports. 

5 ‘‘(E) If the 10-year look-back period for 

6 disqualifying offenses is appropriate, in light of 

7 the current aviation security threat environ8 ment, particularly the terrorism insider threat. 

9 ‘‘(2) WAIVER.—Not later than 180 days after 

10 the date of the enactment of this section, the Admin11 istrator shall provide an adequate redress process for 

12 an employee who is subject to an adverse employ13 ment decision, including removal or suspension of 

14 such employee, due to a disqualifying offense re15 ferred to in paragraph (1), that is consistent with 

16 the appeals and waiver process established for appli17 cants for commercial motor vehicle hazardous mate18 rials endorsements and transportation workers at 

19 ports under section 70105(c) of title 46, United 

20 States Code. 

21 ‘‘(3) NOTICE.—Any changes to the Secure 

22 Identification Display area badge program, such as 

23 changes considered pursuant to subparagraphs (B), 

24 (C), (D), and (E) of paragraph (1) shall be subject 

25 to notice of proposed rulemaking. 


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1 ‘‘(4) BRIEFING TO CONGRESS.—Upon comple2 tion of the aviation security risk-based review re3 quired under paragraph (1), the Administrator shall 

4 brief the Committee on Homeland Security of the 

5 House of Representatives and the Committee on 

6 Homeland Security and Governmental Affairs and 

7 the Committee on Commerce, Science, and Trans8 portation of the Senate on the results of such re9 view. 

10 ‘‘(c) CREDENTIALING.—Not later than 120 days 

11 after the date of the enactment of this section, the Admin12 istrator, in consultation with the Aviation Security Advi13 sory Committee, shall review the auditing procedures for 

14 all airport-issued identification media. Such review shall 

15 determine the following: 

16 ‘‘(1) The efficacy of the auditing program re17 quirements at domestic airports to ensure the integ18 rity, accountability, and control of airport-issued 

19 identification media. 

20 ‘‘(2) The feasibility of including biometrics 

21 standards for all airport-issued identification media 

22 used for identity verification and badge verification. 

23 ‘‘(3) The feasibility of integrating other depart24 mental programs’ eligibility requirements for access 

25 to secure areas of airports. 


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1 ‘‘(d) VETTING.— 

2 ‘‘(1) IN GENERAL.—Not later than 180 days 

3 after the date of the enactment of this section, the 

4 Administrator shall— 

5 ‘‘(A) establish a program to allow airport 

6 badging offices to utilize the employment eligi7 bility confirmation system established under 

8 section 404 of the Illegal Immigration Reform 

9 and Immigrant Responsibility Act of 1996 (8 

10 U.S.C. 1324a note; commonly referred to as ‘E11 Verify’) to determine the eligibility to work in 

12 the United States of all applicants seeking ac13 cess to secure areas of airports; 

14 ‘‘(B) establish a process to transmit appli15 cants’ biometric fingerprint data to the Office 

16 of Biometric Identity Management’s (OBIM’s) 

17 Automated Biometrics Identification System 

18 (IDENT) for vetting; and 

19 ‘‘(C) conduct a data quality assessment to 

20 ensure that credential application data elements 

21 received by the Administration are complete 

22 and match the data submitted by the airport 

23 operators. 

24 ‘‘(2) BRIEFING TO CONGRESS.—Upon comple25 tion of the responsibilities specified in paragraph 


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1 (1), the Administrator shall brief the Committee on 

2 Homeland Security of the House of Representatives 

3 and the Committee on Homeland Security and Gov4 ernmental Affairs and the Committee on Commerce, 

5 Science, and Transportation of the Senate on the re6 sults of such completion. 

7 ‘‘(e) REPORTING OF VIOLATIONS.—Not later than 

8 180 days after the date of the enactment of this section, 

9 the Administrator shall establish a nationwide program for 

10 the anonymous reporting of violations of airport security. 

11 ‘‘(f) CENTRALIZED DATABASE.—Not later than 180 

12 days after the date of the enactment of this section, the 

13 Administrator, in consultation with the Aviation Security 

14 Advisory Committee, shall— 

15 ‘‘(1) establish a national database of employees 

16 who have had either their airport or aircraft oper17 ator-issued badge revoked for failure to comply with 

18 aviation security requirements; 

19 ‘‘(2) determine the appropriate reporting mech20 anisms for airports and airlines to submit data re21 garding employees described in paragraph (1) and to 

22 access the database established pursuant to such 

23 paragraph; and 

24 ‘‘(3) establish a process that allows individuals 

25 whose names were mistakenly entered into such 


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1 database to have their names removed and have 

2 their credentialing restored. 

3 ‘‘(g) UPDATED REVIEW.—Not later than April 8, 

4 2016, the Administrator, in consultation with the Aviation 

5 Security Advisory Committee, shall conduct an updated 

6 and thorough review of airport access controls. 

7 ‘‘(h) EMPLOYEE SCREENING STUDY.— 

8 ‘‘(1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this section, the 

10 Administrator, in consultation with the Aviation Se11 curity Advisory Committee, shall submit to the Com12 mittee on Homeland Security of the House of Rep13 resentatives, the Committee on Homeland Security 

14 and Governmental Affairs and the Committee on 

15 Commerce, Science, and Transportation of the Sen16 ate, and the Comptroller General of the United 

17 States a cost and feasibility study of a statistically 

18 significant number of Category I, II, and X airports, 

19 that ensures that all employee entry and exit points 

20 that lead to secure areas of such airports are com21 prised of the following: 

22 ‘‘(A) A secure door utilizing card and pin 

23 entry or biometric technology. 

24 ‘‘(B) Surveillance video recording, capable 

25 of storing video data for at least 30 days. 


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1 ‘‘(C) Advanced screening technologies, in2 cluding at least one of the following: 

3 ‘‘(i) Magnetometer (walk-through or 

4 hand-held). 

5 ‘‘(ii) Explosives detection canines. 

6 ‘‘(iii) Explosives trace detection swab7 bing. 

8 ‘‘(iv) Advanced imaging technology. 

9 ‘‘(v) X-ray bag screening technology. 

10 ‘‘(2) CONTENTS.—The study required under 

11 paragraph (1) shall include information related to 

12 the employee screening costs of those airports which 

13 have already implemented practices of screening 100 

14 percent of employees entering secure areas of air15 ports, including the following: 

16 ‘‘(A) Costs associated with establishing an 

17 operational minimum number of employee entry 

18 and exit points. 

19 ‘‘(B) A comparison of costs associated with 

20 implementing the requirements specified in 

21 paragraph (1), based on whether such imple22 mentation was carried out by the Administra23 tion or airports. 

24 ‘‘(3) COMPTROLLER GENERAL ASSESSMENT.— 


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1 ‘‘(A) IN GENERAL.—Upon completion of 

2 the study required under paragraph (1), the 

3 Comptroller General of the United States shall 

4 review such study to assess the quality and reli5 ability of such study. 

6 ‘‘(B) ASSESSMENT.—Not later than 60 

7 days after the receipt of the study required 

8 under paragraph (1), the Comptroller General 

9 of the United States shall report to the Com10 mittee on Homeland Security of the House of 

11 Representatives and the Committee on Home12 land Security and Governmental Affairs and the 

13 Committee on Commerce, Science, and Trans14 portation of the Senate on the results of the re15 view required under subparagraph (A).’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 of the Homeland Security Act of 2002 is amended by in18 serting after the item relating to section 1601 the fol19 lowing new item: 

‘‘Sec. 1602. Risk-based screening of employees at airports.’’. 

Passed the House of Representatives October 6, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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