Airport Security Enhancement and Oversight Act

Bill: 114-s-2361
Sponsor: Sen. Thune, John [R-SD]
Introduced: 2015-12-07 in the Senate
Policy area: Transportation and Public Works
Subjects: Accounting and auditing
Administrative law and regulatory procedures
Advisory bodies
Aviation and airports
Congressional oversight
Criminal justice information and records
Customs enforcement
Department of Transportation
Employee performance
Espionage and treason
Foreign labor
Fraud offenses and financial crimes
Government studies and investigations
Immigration status and procedures
Intelligence activities, surveillance, classified information
Performance measurement
Terrorism
Transportation employees
Transportation safety and security
Violent crime

Summary:
action_date: 2015-12-07
text: 

Airport Security Enhancement and Oversight Act

 
This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to assess the level of risk posed to the domestic air transportation system by individuals with unescorted access to a secure area of an airport.
 
The TSA shall:
 
 
update DHS rules on access controls, and 
 
issue guidance to airport operators for placing expiration dates on each airport credential issued to a non-U.S. citizen.
 
 
The TSA shall also revise certain regulations to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to an airport's Secure Identification Display Area (SIDA).
 
Both the TSA and the Federal Bureau of Investigation (FBI) shall implement fully the FBI's Rap Back service for recurrent criminal history vetting of eligible TSA-regulated populations of individuals with unescorted access to any airport SIDA.
 
 The TSA and the Office of the Director of National Intelligence shall ensure that the TSA may receive automated, real-time access to additional Terrorist Identities Datamart Environment (TIDE) data and any other terrorism related category codes to improve the TSA credential vetting program.
 
DHS shall authorize direct access for each airport operator to the E-Verify program and the Systematic Alien Verification for Entitlements (SAVE) automated system to determine the eligibility of individuals seeking unescorted access to an airport SIDA.
 
The TSA shall develop performance metrics to measure the effectiveness of security for airport SIDAs, as well as a model and best practices for unescorted access security meeting specified criteria.
 
The TSA shall also:
 
 
expand the use of TSA officers and inspectors to conduct physical inspections of airport workers in each airport SIDA and at each SIDA access point, and
 
review airports that have implemented additional airport worker screening or perimeter security.
 
 
The TSA may conduct a pilot program to test and validate best practices for comprehensive airport worker screening or perimeter security.
 
The TSA shall:
 
 
increase the use of red-team, covert testing of access controls to any secure airport areas; and 
 
review every current security directive addressed to any regulated entity.
 

action_date: 2016-03-07
text: 

Airport Security Enhancement and Oversight Act
 
 
(Sec. 4) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to assess the level of risk posed to the domestic air transportation system by individuals with unescorted access to a secure area of an airport.
 
(Sec. 5) The TSA shall update DHS rules on access controls, considering specified matters.
 
The TSA may encourage the issuance by airport and aircraft operators in a timely manner of free one-time, 24-hour temporary credentials for workers who have reported their credentials missing, but not permanently lost, stolen, or destroyed, until replacement of credentials is necessary.
 
(Sec. 6) The TSA shall issue guidance to airport operators for placing an expiration date on each airport credential issued to a non-U.S. citizen, which shall not exceed the period of time he or she is lawfully authorized to work in the United States.
 
The TSA shall:
 
 
also issue guidance for transportation security inspectors to review annually the procedures of airport operators and air carriers for applicants seeking unescorted access to any Secure Identification Display Area (SIDA) of an airport; and
 
make available to airport operators and air carriers information on identifying suspicious or fraudulent identification materials.
 
 
This guidance shall require a comprehensive review of background checks and employment authorization documents issued by the DHS Citizenship and Immigration Services during the review of procedures.
 
(Sec. 7) The TSA shall:
 
 
revise certain regulations to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to an airport's SIDA; and
 
propose disqualification if the individual was convicted, or found not guilty by reason of insanity, of a disqualifying criminal offense within 15 years before the date of an individual's application, or if the individual was incarcerated for that crime and released within 5 years before that date.
 
 
The TSA shall ensure existence or development of a waiver process for approving the issuance of credentials for unescorted access to a SIDA for an individual found to be otherwise ineligible for such credentials, but about whom circumstances permit the conclusion the individual poses no terrorism risk or any other risk to aviation security warranting denial of the credential.
 
Both the TSA and the Federal Bureau of Investigation (FBI) shall implement fully the FBI's Rap Back service for recurrent criminal history vetting of eligible TSA-regulated populations of individuals with unescorted access to an airport SIDA. (The FBI Rap Back Service notifies authorized agencies of criminal, and, in limited cases, civil activity of individuals that occurs after the initial processing and retention of criminal or civil transactions.)
 
 The TSA and the Office of the Director of National Intelligence shall ensure that the TSA may receive automated, real-time access to additional Terrorist Identities Datamart Environment (TIDE) data and any other terrorism related category codes to improve the TSA credential vetting program.
 
DHS shall authorize direct access for each airport operator to the E-Verify program and the Systematic Alien Verification for Entitlements (SAVE) automated system to determine the eligibility of individuals seeking unescorted access to an airport SIDA.
 
(Sec. 8) The TSA shall develop performance metrics to measure the effectiveness of security for airport SIDAs.
 
(Sec. 9) The TSA shall also:
 
 
develop a model and best practices for unescorted access security meeting specified criteria,
 
expand the use of TSA officers and inspectors to conduct physical inspections of airport workers in each airport SIDA and at each SIDA access point, and
 
review airports that have implemented additional airport worker screening or perimeter security.
 
 
The TSA may conduct a pilot program to test and validate best practices for comprehensive airport worker screening or perimeter security.
 
(Sec. 10) The TSA shall:
 
 
increase the use of red-team, covert testing of access controls to any secure airport areas; and 
 
review for continued relevancy and appropriate updating, consolidation, or revocation of every current security directive addressed to any regulated entity.
 
 
(Sec. 11) The Government Accountability Office shall assess TSA progress in implementing the requirements of this bill and their effect on aviation security.
 
(Sec. 12) A member of the Aviation Stakeholder Advisory Committee may continue to serve beyond the expiration of his or her term until the TSA appoints a successor.


Legislative actions:
action_date: 2016-03-07
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 382.
action_date: 2016-03-07
text: Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 114-222.
action_date: 2016-03-07
text: Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 114-222.
action_date: 2015-12-09
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-12-07
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2015-12-07
text: Introduced in Senate