Securing Aviation from Foreign Entry Points and Guarding Airports Through Enhanced Security Act of 2016

To enhance aviation by requiring airport security assessments and a security coordination enhancement plan, and for other purposes. 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 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. 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. 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. 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. (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. 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. April 21, 2016 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Securing Aviation from Foreign Entry Points and Guarding Airports Through Enhanced Security Act of 2016 (Sec. 2) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security to conduct a comprehensive security risk assessment of all last point of departure airports with nonstop flights to the United States. (Sec. 3) The TSA shall submit to Congress and the Government Accountability Office (GAO) a plan: (1) to enhance collaboration, coordination, and information-sharing about international-inbound aviation between the United States and domestic and foreign partners in order to enhance security capabilities at foreign airports; and (2) that assesses the TSA's ability to enter into a mutual agreement with a foreign government entity to permit TSA representatives to conduct inspections of foreign airports without prior notice. The GAO shall review TSA efforts to enhance security capabilities at foreign airports and determine if the implementation of such efforts and capabilities effectively secures international-inbound aviation. (Sec. 4) The TSA shall submit to Congress a comprehensive workforce assessment of all TSA personnel within its Office of Global Strategies or whose primary professional duties contribute to the TSA's global efforts to secure transportation security, including whether they are assigned in a risk-based, intelligence-driven matter. (Sec. 5) The TSA may donate security screening equipment to a foreign last point of departure airport operator if the equipment can be expected to mitigate a specific vulnerability to U.S. security or U.S. citizens. The TSA shall provide to specified congressional committees within 30 days of any such donation a detailed written explanation of: the specific vulnerability to the United States or U.S. citizens that will be mitigated by such donation, an explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability, an evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made, how the TSA will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient, and the total dollar value of such donation. (Sec. 6) The TSA may evaluate foreign countries' air cargo programs to determine whether they provide a level of security commensurate with that required by U.S. air cargo security programs. If so, the TSA shall approve and officially recognize such country's program, in which case such country shall not be required to adhere to the U.S. programs that would otherwise be applicable. The bill provides for revocation or temporary suspension of approval and official recognition if the TSA determines that a country's program no longer provides a level of security commensurate with that required by U.S. air cargo security programs. (Sec. 7) The TSA shall request the Aviation Security Advisory Committee to develop recommendations for more efficient and effective passenger screening processes. The Committee shall consider the following: the configuration of a checkpoint; technology innovation; ways to address any vulnerabilities identified in audits of checkpoint operations; ways to prevent security breaches at airports at which federal security screening is provided; best practices in aviation security; recommendations from airport and aircraft operators, and from any relevant advisory committees; and "curb to curb" processes and procedures.