IB 

Union Calendar No. 215 

114TH CONGRESS 

1ST SESSION H. R. 3102 

[Report No. 114–283] 

To amend the Homeland Security Act of 2002 to reform programs of the 

Transportation Security Administration, streamline transportation security regulations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2015 

Mr. KATKO (for himself and Miss RICE of New York) introduced the following 

bill; which was referred to the Committee on Homeland Security 

OCTOBER 6, 2015 

Additional sponsor: Mr. MCCAUL

OCTOBER 6, 2015 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 16, 2015] 


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A BILL 

To amend the Homeland Security Act of 2002 to reform 

programs of the Transportation Security Administration, 

streamline transportation security regulations, and for 

other purposes. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Security Improvement Act of 2015’’. 

6 SEC. 2. AVIATION SECURITY. 

7 (a) IN GENERAL.—Subtitle A of title XVI of the Home8 land Security Act of 2002 is amended by adding at the end 

9 the following new section: 

10 ‘‘SEC. 1602. RISK-BASED SCREENING OF EMPLOYEES AT AIR11 PORTS. 

12 ‘‘(a) SCREENING MODEL.— 

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

14 after the date of the enactment of this section, the Ad15 ministrator shall establish a risk-based, intelligence16 driven model for the screening of employees at air17 ports based on level of access and employment posi18 tions at domestic airports. Such screening model 

19 shall— 

20 ‘‘(A) ensure that only those individuals au21 thorized to have access to the secure areas of a 

22 domestic airport are permitted such access; 

23 ‘‘(B) ensure that an individual is imme24 diately denied entry to a secure area when such 


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1 individual’s access authorization for such secure 

2 area is withdrawn; and 

3 ‘‘(C) provide a means to differentiate be4 tween individuals authorized to have access to an 

5 entire secure area and individuals authorized ac6 cess to only a particular portion of a secure 

7 area. 

8 ‘‘(2) FACTORS.—The Administrator shall con9 sider the following factors when establishing the 

10 screening model described in paragraph (1): 

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

12 airports require employment-related access to Se13 cure Identification Display Areas, Airport Oper14 ations Areas, or secure areas. 

15 ‘‘(B) The ability of each airport operator to 

16 reduce employee entry and exit points to a mu17 tually agreed upon minimum number of such 

18 entry and exit points necessary to maintain air19 port operations. 

20 ‘‘(C) In consultation with airport operators, 

21 the ability of the Administration to create a ran22 domization plan for screening at the defined 

23 operational minimum entry and exit points at 

24 airports which maximizes the deterrent effect of 

25 screening efforts. 


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1 ‘‘(b) DISQUALIFYING OFFENSES.— 

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

3 after the date of the enactment of this section, the Ad4 ministrator, in consultation with the Director of the 

5 Federal Bureau of Investigation, labor organizations 

6 representing aviation, ground, and cabin crew work7 ers, and the Aviation Security Advisory Committee, 

8 shall conduct an aviation security risk-based review 

9 of the disqualifying criminal offenses codified in sec10 tions 1542.209 and 1544.229 of title 49, Code of Fed11 eral Regulations, to determine the appropriateness of 

12 such offenses as a basis for denying to an employee 

13 a credential that allows unescorted access to Secure 

14 Identification Display Areas of airports. Such review 

15 shall consider the following: 

16 ‘‘(A) The adequacy of codified disqualifying 

17 offenses to address the current aviation security 

18 threat environment, particularly the terrorism 

19 insider threat. 

20 ‘‘(B) If such codified disqualifying offenses 

21 should be tailored to address the current aviation 

22 security threat environment, particularly the ter23 rorism insider threat, by excluding or including 

24 other offenses. 


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1 ‘‘(C) The potential security benefits, draw2 backs, and challenges associated with identifying 

3 patterns of misdemeanors or of other non-dis4 qualifying offenses that could jeopardize aviation 

5 security. 

6 ‘‘(D) The feasibility of integrating similar 

7 departmental eligibility requirements for access 

8 to Secure Identification Display Areas of air9 ports. 

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

11 disqualifying offenses is appropriate, in light of 

12 the current aviation security threat environment, 

13 particularly the terrorism insider threat. 

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

15 date of the enactment of this section, the Adminis16 trator shall provide an adequate redress process for 

17 an employee who is subject to an adverse employment 

18 decision, including removal or suspension of such em19 ployee, due to a disqualifying offense referred to in 

20 paragraph (1), that is consistent with the appeals 

21 and waiver process established for applicants for com22 mercial motor vehicle hazardous materials endorse23 ments and transportation workers at ports under sec24 tion 70105(c) of title 46, United States Code. 


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1 ‘‘(3) NOTICE.—Any changes to the Secure Identi2 fication Display area badge program, such as changes 

3 considered pursuant to subparagraphs (B), (C), (D), 

4 and (E) of paragraph (1) shall be subject to notice of 

5 proposed rulemaking. 

6 ‘‘(4) BRIEFING TO CONGRESS.—Upon completion 

7 of the aviation security risk-based review required 

8 under paragraph (1), the Administrator shall brief 

9 the Committee on Homeland Security of the House of 

10 Representatives and the Committee on Homeland Se11 curity and Governmental Affairs and the Committee 

12 on Commerce, Science, and Transportation of the 

13 Senate on the results of such review. 

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

15 the date of the enactment of this section, the Administrator, 

16 in consultation with the Aviation Security Advisory Com17 mittee, shall review the auditing procedures for all airport18 issued identification media. Such review shall determine the 

19 following: 

20 ‘‘(1) The efficacy of the auditing program re21 quirements at domestic airports to ensure the integ22 rity, accountability, and control of airport-issued 

23 identification media. 


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1 ‘‘(2) The feasibility of including biometrics 

2 standards for all airport-issued identification media 

3 used for identity verification and badge verification. 

4 ‘‘(3) The feasibility of integrating other depart5 mental programs’ eligibility requirements for access 

6 to secure areas of airports. 

7 ‘‘(d) VETTING.— 

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

9 after the date of the enactment of this section, the Ad10 ministrator shall— 

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

12 badging offices to utilize the employment eligi13 bility confirmation system established under sec14 tion 404 of the Illegal Immigration Reform and 

15 Immigrant Responsibility Act of 1996 (8 U.S.C. 

16 1324a note; commonly referred to as ‘E-Verify’) 

17 to determine the eligibility to work in the United 

18 States of all applicants seeking access to secure 

19 areas of airports; 

20 ‘‘(B) establish a process to transmit appli21 cants’ biometric fingerprint data to the Office of 

22 Biometric Identity Management’s (OBIM’s) 

23 Automated Biometrics Identification System 

24 (IDENT) for vetting; and 


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

2 ensure that credential application data elements 

3 received by the Administration are complete and 

4 match the data submitted by the airport opera5 tors. 

6 ‘‘(2) BRIEFING TO CONGRESS.—Upon completion 

7 of the responsibilities specified in paragraph (1), the 

8 Administrator shall brief the Committee on Homeland 

9 Security of the House of Representatives and the 

10 Committee on Homeland Security and Governmental 

11 Affairs and the Committee on Commerce, Science, 

12 and Transportation of the Senate on the results of 

13 such completion. 

14 ‘‘(e) REPORTING OF VIOLATIONS.—Not later than 180 

15 days after the date of the enactment of this section, the Ad16 ministrator shall establish a nationwide program for the 

17 anonymous reporting of violations of airport security. 

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

19 days after the date of the enactment of this section, the Ad20 ministrator, in consultation with the Aviation Security Ad21 visory Committee, shall— 

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

23 who have had either their airport or aircraft oper24 ator-issued badge revoked for failure to comply with 

25 aviation security requirements; 


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1 ‘‘(2) determine the appropriate reporting mecha2 nisms for airports and airlines to submit data re3 garding employees described in paragraph (1) and to 

4 access the database established pursuant to such para5 graph; and 

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

7 whose names were mistakenly entered into such data8 base to have their names removed and have their 

9 credentialing restored. 

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

11 2016, the Administrator, in consultation with the Aviation 

12 Security Advisory Committee, shall conduct an updated 

13 and thorough review of airport access controls. 

14 ‘‘(h) EMPLOYEE SCREENING STUDY.— 

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

16 after the date of the enactment of this section, the Ad17 ministrator, in consultation with the Aviation Secu18 rity Advisory Committee, shall submit to the Com19 mittee on Homeland Security of the House of Rep20 resentatives, the Committee on Homeland Security 

21 and Governmental Affairs and the Committee on 

22 Commerce, Science, and Transportation of the Senate, 

23 and the Comptroller General of the United States a 

24 cost and feasibility study of a statistically significant 

25 number of Category I, II, and X airports, that enVerDate Sep 11 2014 01:47 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3102.RH H3102

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1 sures that all employee entry and exit points that 

2 lead to secure areas of such airports are comprised of 

3 the following: 

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

5 entry or biometric technology. 

6 ‘‘(B) Surveillance video recording, capable 

7 of storing video data for at least 30 days. 

8 ‘‘(C) Advanced screening technologies, in9 cluding at least one of the following: 

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

11 hand-held). 

12 ‘‘(ii) Explosives detection canines. 

13 ‘‘(iii) Explosives trace detection swab14 bing. 

15 ‘‘(iv) Advanced imaging technology. 

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

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

18 paragraph (1) shall include information related to the 

19 employee screening costs of those airports which have 

20 already implemented practices of screening one-hun21 dred percent of employees entering secure areas of air22 ports, including the following: 

23 ‘‘(A) Costs associated with establishing an 

24 operational minimum number of employee entry 

25 and exit points. 


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

2 implementing the requirements specified in 

3 paragraph (1), based on whether such implemen4 tation was carried out by the Administration or 

5 airports. 

6 ‘‘(3) COMPTROLLER GENERAL ASSESSMENT.— 

7 ‘‘(A) IN GENERAL.—Upon completion of the 

8 study required under paragraph (1), the Comp9 troller General of the United States shall review 

10 such study to assess the quality and reliability of 

11 such study. 

12 ‘‘(B) ASSESSMENT.—Not later than 60 days 

13 after the receipt of the study required under 

14 paragraph (1), the Comptroller General of the 

15 United States shall report to the Committee on 

16 Homeland Security of the House of Representa17 tives and the Committee on Homeland Security 

18 and Governmental Affairs and the Committee on 

19 Commerce, Science, and Transportation of the 

20 Senate on the results of the review required 

21 under subparagraph (A).’’. 

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

23 the Homeland Security Act of 2002 is amended by inserting 

24 after the item relating to section 1601 the following new 

25 item: 

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


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Union Calendar No. 215 

114TH CONGRESS 

1ST SESSION H. R. 3102 

[Report No. 114–283] 

A BILL 

To amend the Homeland Security Act of 2002 to 

rity regulations, and for other purposes. Administration, streamline transportation secureform programs of the Transportation Security 

OCTOBER 6, 2015 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK67QTVN1PROD with BILLS