IIB 

114TH CONGRESS 

2D SESSION H. R. 4698 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2016 

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

and Transportation 

AN ACT 

To enhance aviation by requiring airport security assessments and a security coordination enhancement plan, 

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 ‘‘Securing Aviation from 

3 Foreign Entry Points and Guarding Airports Through 

4 Enhanced Security Act of 2016’’. 

5 SEC. 2. LAST POINT OF DEPARTURE AIRPORT SECURITY 

6 ASSESSMENT. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Administrator of 

9 the Transportation Security Administration shall conduct 

10 a comprehensive security risk assessment of all last point 

11 of departure airports with nonstop flights to the United 

12 States. 

13 (b) CONTENTS.—The security risk assessment re14 quired under subsection (a) shall include consideration of 

15 the following: 

16 (1) The level of coordination and cooperation 

17 between the Transportation Security Administration 

18 and the foreign government of the country in which 

19 the last point of departure airport with nonstop 

20 flights to the United States is located. 

21 (2) The intelligence and threat mitigation capa22 bilities of the country in which such airport is lo23 cated. 

24 (3) The number of known or suspected terror25 ists annually transiting through such airport. 


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1 (4) The passenger security screening practices, 

2 capabilities, and capacity of such airport. 

3 (5) The security vetting undergone by aviation 

4 workers at such airport. 

5 (6) The access controls utilized by such airport 

6 to limit to authorized personnel access to secure and 

7 sterile areas of such airports. 

8 (7) The degree to which the government of the 

9 country in which such airport is located mandates, 

10 encourages, or prohibits the collection, analysis, or 

11 sharing of passenger name records. 

12 SEC. 3. SECURITY COORDINATION ENHANCEMENT PLAN. 

13 (a) IN GENERAL.—Not later than 240 days after the 

14 date of the enactment of this Act, the Administrator of 

15 the Transportation Security Administration shall submit 

16 to Congress and the Government Accountability Office a 

17 plan— 

18 (1) to enhance and bolster security collabora19 tion, coordination, and information sharing relating 

20 to securing international-inbound aviation between 

21 the United States and domestic and foreign part22 ners, including U.S. Customs and Border Protection, 

23 foreign government entities, passenger air carriers, 

24 cargo air carriers, and United States Government 

25 entities, in order to enhance security capabilities at 


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1 foreign airports, including airports that may not 

2 have nonstop flights to the United States but are 

3 nonetheless determined by the Administrator to be 

4 high risk; and 

5 (2) that includes an assessment of the ability of 

6 the Administration to enter into a mutual agreement 

7 with a foreign government entity that permits Ad8 ministration representatives to conduct without prior 

9 notice inspections of foreign airports. 

10 (b) GAO REVIEW.—Not later than 180 days after the 

11 submission of the plan required under subsection (a), the 

12 Comptroller General of the United States shall review the 

13 efforts, capabilities, and effectiveness of the Transpor14 tation Security Administration to enhance security capa15 bilities at foreign airports and determine if the implemen16 tation of such efforts and capabilities effectively secures 

17 international-inbound aviation. 

18 SEC. 4. WORKFORCE ASSESSMENT. 

19 Not later than 270 days after the date of the enact20 ment of this Act, the Administrator of the Transportation 

21 Security Administration shall submit to Congress a com22 prehensive workforce assessment of all Administration 

23 personnel within the Office of Global Strategies of the Ad24 ministration or whose primary professional duties con25 tribute to the Administration’s global efforts to secure 


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1 transportation security, including a review of whether such 

2 personnel are assigned in a risk-based, intelligence-driven 

3 manner. 

4 SEC. 5. DONATION OF SCREENING EQUIPMENT TO PRO5 TECT THE UNITED STATES. 

6 (a) IN GENERAL.—The Administrator of the Trans7 portation Security Administration is authorized to donate 

8 security screening equipment to a foreign last point of de9 parture airport operator if such equipment can be reason10 ably expected to mitigate a specific vulnerability to the se11 curity of the United States or United States citizens. 

12 (b) REPORT.—Not later than 30 days before any do13 nation of security screening equipment pursuant to sub14 section (a), the Administrator of the Transportation Secu15 rity Administration shall provide to the Committee on 

16 Homeland Security of the House of Representatives and 

17 the Committee on Homeland Security and Governmental 

18 Affairs and the Committee on Commerce, Science, and 

19 Transportation of the Senate a detailed written expla20 nation of the following: 

21 (1) The specific vulnerability to the United 

22 States or United States citizens that will be miti23 gated by such donation. 

24 (2) An explanation as to why the recipient of 

25 such donation is unable or unwilling to purchase seVerDate Sep 11 2014 22:21 Apr 27, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4698.RFS H4698

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1 curity screening equipment to mitigate such vulner2 ability. 

3 (3) An evacuation plan for sensitive tech4 nologies in case of emergency or instability in the 

5 country to which such donation is being made. 

6 (4) How the Administrator will ensure the secu7 rity screening equipment that is being donated is 

8 used and maintained over the course of its life by 

9 the recipient. 

10 (5) The total dollar value of such donation. 

11 SEC. 6. NATIONAL CARGO SECURITY PROGRAM. 

12 (a) IN GENERAL.—The Administrator of the Trans13 portation Security Administration may evaluate foreign 

14 countries’ air cargo security programs to determine wheth15 er such programs provide a level of security commensurate 

16 with the level of security required by United States air 

17 cargo security programs. 

18 (b) APPROVAL AND RECOGNITION.— 

19 (1) IN GENERAL.—If the Administrator of the 

20 Transportation Security Administration determines 

21 that a foreign country’s air cargo security program 

22 evaluated under subsection (a) provides a level of se23 curity commensurate with the level of security re24 quired by United States air cargo security programs, 

25 the Administrator shall approve and officially recogVerDate Sep 11 2014 22:21 Apr 27, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4698.RFS H4698

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1 nize such foreign country’s air cargo security pro2 gram. 

3 (2) EFFECT OF APPROVAL AND RECOGNI4 TION.—If the Administrator of the Transportation 

5 Security Administration approves and officially rec6 ognizes pursuant to paragraph (1) a foreign coun7 try’s air cargo security program, cargo aircraft of 

8 such foreign country shall not be required to adhere 

9 to United States air cargo security programs that 

10 would otherwise be applicable. 

11 (c) REVOCATION AND SUSPENSION.— 

12 (1) IN GENERAL.—If the Administrator of the 

13 Transportation Security Administration determines 

14 at any time that a foreign country’s air cargo secu15 rity program approved and officially recognized 

16 under subsection (b) no longer provides a level of se17 curity commensurate with the level of security re18 quired by United States air cargo security programs, 

19 the Administrator may revoke or temporarily sus20 pend such approval and official recognition until 

21 such time as the Administrator determines that such 

22 foreign country’s cargo security programs provide a 

23 level of security commensurate with the level of secu24 rity required by such United States air cargo secu25 rity programs. 


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1 (2) NOTIFICATION.—If the Administrator of 

2 the Transportation Security Administration revokes 

3 or suspends pursuant to paragraph (1) a foreign 

4 country’s air cargo security program, the Adminis5 trator shall notify the Committee on Homeland Se6 curity of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of 

8 the Senate not later than 30 days after such revoca9 tion or suspension. 

10 SEC. 7. CHECKPOINTS OF THE FUTURE. 

11 (a) IN GENERAL.—The Administrator of the Trans12 portation Security Administration, shall request the Avia13 tion Security Advisory Committee to develop recommenda14 tions for more efficient and effective passenger screening 

15 processes. 

16 (b) CONSIDERATIONS.—In making recommendations 

17 to improve existing passenger screening processes pursu18 ant to subsection (a), the Aviation Security Advisory Com19 mittee shall consider the following: 

20 (1) The configuration of a checkpoint. 

21 (2) Technology innovation. 

22 (3) Ways to address any vulnerabilities identi23 fied in audits of checkpoint operations. 


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1 (4) Ways to prevent security breaches at air2 ports at which Federal security screening is pro3 vided. 

4 (5) Best practices in aviation security. 

5 (6) Recommendations from airport and aircraft 

6 operators, and any relevant advisory committees. 

7 (7) ‘‘Curb to curb’’ processes and procedures. 

8 (c) REPORT.—Not later than one year after the date 

9 of enactment of this Act, the Administrator shall submit 

10 to the Committee on Homeland Security of the House of 

11 Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate a report on the 

13 recommendations of the Aviation Security Advisory Com14 mittee under this section, including any recommendations 

15 for improving screening processes. 

Passed the House of Representatives April 26, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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