[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3102 Referred in Senate (RFS)]

<DOC>
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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airport Access Control Security 
Improvement Act of 2015''.

SEC. 2. AVIATION SECURITY.

    (a) In General.--Subtitle A of title XVI of the Homeland Security 
Act of 2002 is amended by adding at the end the following new section:

``SEC. 1602. RISK-BASED SCREENING OF EMPLOYEES AT AIRPORTS.

    ``(a) Screening Model.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Administrator shall 
        establish a risk-based, intelligence-driven model for the 
        screening of employees at airports based on level of access and 
        employment positions at domestic airports. Such screening model 
        shall--
                    ``(A) ensure that only those individuals authorized 
                to have access to the secure areas of a domestic 
                airport are permitted such access;
                    ``(B) ensure that an individual is immediately 
                denied entry to a secure area when such individual's 
                access authorization for such secure area is withdrawn; 
                and
                    ``(C) provide a means to differentiate between 
                individuals authorized to have access to an entire 
                secure area and individuals authorized access to only a 
                particular portion of a secure area.
            ``(2) Factors.--The Administrator shall consider the 
        following factors when establishing the screening model 
        described in paragraph (1):
                    ``(A) Whether and how often employees at airports 
                require employment-related access to Secure 
                Identification Display Areas, Airport Operations Areas, 
                or secure areas.
                    ``(B) The ability of each airport operator to 
                reduce employee entry and exit points to a mutually 
                agreed-upon minimum number of such entry and exit 
                points necessary to maintain airport operations.
                    ``(C) In consultation with airport operators, the 
                ability of the Administration to create a randomization 
                plan for screening at the defined operational minimum 
                entry and exit points at airports which maximizes the 
                deterrent effect of screening efforts.
    ``(b) Disqualifying Offenses.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Administrator, in 
        consultation with the Director of the Federal Bureau of 
        Investigation, labor organizations representing aviation, 
        ground, and cabin crew workers, and the Aviation Security 
        Advisory Committee, shall conduct an aviation security risk-
        based review of the disqualifying criminal offenses codified in 
        sections 1542.209 and 1544.229 of title 49, Code of Federal 
        Regulations, to determine the appropriateness of such offenses 
        as a basis for denying to an employee a credential that allows 
        unescorted access to Secure Identification Display Areas of 
        airports. Such review shall consider the following:
                    ``(A) The adequacy of codified disqualifying 
                offenses to address the current aviation security 
                threat environment, particularly the terrorism insider 
                threat.
                    ``(B) If such codified disqualifying offenses 
                should be tailored to address the current aviation 
                security threat environment, particularly the terrorism 
                insider threat, by excluding or including other 
                offenses.
                    ``(C) The potential security benefits, drawbacks, 
                and challenges associated with identifying patterns of 
                misdemeanors or of other non-disqualifying offenses 
                that could jeopardize aviation security.
                    ``(D) The feasibility of integrating similar 
                departmental eligibility requirements for access to 
                Secure Identification Display Areas of airports.
                    ``(E) If the 10-year look-back period for 
                disqualifying offenses is appropriate, in light of the 
                current aviation security threat environment, 
                particularly the terrorism insider threat.
            ``(2) Waiver.--Not later than 180 days after the date of 
        the enactment of this section, the Administrator shall provide 
        an adequate redress process for an employee who is subject to 
        an adverse employment decision, including removal or suspension 
        of such employee, due to a disqualifying offense referred to in 
        paragraph (1), that is consistent with the appeals and waiver 
        process established for applicants for commercial motor vehicle 
        hazardous materials endorsements and transportation workers at 
        ports under section 70105(c) of title 46, United States Code.
            ``(3) Notice.--Any changes to the Secure Identification 
        Display area badge program, such as changes considered pursuant 
        to subparagraphs (B), (C), (D), and (E) of paragraph (1) shall 
        be subject to notice of proposed rulemaking.
            ``(4) Briefing to congress.--Upon completion of the 
        aviation security risk-based review required under paragraph 
        (1), the Administrator shall brief 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 on the 
        results of such review.
    ``(c) Credentialing.--Not later than 120 days after the date of the 
enactment of this section, the Administrator, in consultation with the 
Aviation Security Advisory Committee, shall review the auditing 
procedures for all airport-issued identification media. Such review 
shall determine the following:
            ``(1) The efficacy of the auditing program requirements at 
        domestic airports to ensure the integrity, accountability, and 
        control of airport-issued identification media.
            ``(2) The feasibility of including biometrics standards for 
        all airport-issued identification media used for identity 
        verification and badge verification.
            ``(3) The feasibility of integrating other departmental 
        programs' eligibility requirements for access to secure areas 
        of airports.
    ``(d) Vetting.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Administrator shall--
                    ``(A) establish a program to allow airport badging 
                offices to utilize the employment eligibility 
                confirmation system established under section 404 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1324a note; 
                commonly referred to as `E-Verify') to determine the 
                eligibility to work in the United States of all 
                applicants seeking access to secure areas of airports;
                    ``(B) establish a process to transmit applicants' 
                biometric fingerprint data to the Office of Biometric 
                Identity Management's (OBIM's) Automated Biometrics 
                Identification System (IDENT) for vetting; and
                    ``(C) conduct a data quality assessment to ensure 
                that credential application data elements received by 
                the Administration are complete and match the data 
                submitted by the airport operators.
            ``(2) Briefing to congress.--Upon completion of the 
        responsibilities specified in paragraph (1), the Administrator 
        shall brief 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 on the results of such 
        completion.
    ``(e) Reporting of Violations.--Not later than 180 days after the 
date of the enactment of this section, the Administrator shall 
establish a nationwide program for the anonymous reporting of 
violations of airport security.
    ``(f) Centralized Database.--Not later than 180 days after the date 
of the enactment of this section, the Administrator, in consultation 
with the Aviation Security Advisory Committee, shall--
            ``(1) establish a national database of employees who have 
        had either their airport or aircraft operator-issued badge 
        revoked for failure to comply with aviation security 
        requirements;
            ``(2) determine the appropriate reporting mechanisms for 
        airports and airlines to submit data regarding employees 
        described in paragraph (1) and to access the database 
        established pursuant to such paragraph; and
            ``(3) establish a process that allows individuals whose 
        names were mistakenly entered into such database to have their 
        names removed and have their credentialing restored.
    ``(g) Updated Review.--Not later than April 8, 2016, the 
Administrator, in consultation with the Aviation Security Advisory 
Committee, shall conduct an updated and thorough review of airport 
access controls.
    ``(h) Employee Screening Study.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Administrator, in 
        consultation with the Aviation Security Advisory Committee, 
        shall submit to the Committee on Homeland Security of the House 
        of Representatives, the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Commerce, Science, 
        and Transportation of the Senate, and the Comptroller General 
        of the United States a cost and feasibility study of a 
        statistically significant number of Category I, II, and X 
        airports, that ensures that all employee entry and exit points 
        that lead to secure areas of such airports are comprised of the 
        following:
                    ``(A) A secure door utilizing card and pin entry or 
                biometric technology.
                    ``(B) Surveillance video recording, capable of 
                storing video data for at least 30 days.
                    ``(C) Advanced screening technologies, including at 
                least one of the following:
                            ``(i) Magnetometer (walk-through or hand-
                        held).
                            ``(ii) Explosives detection canines.
                            ``(iii) Explosives trace detection 
                        swabbing.
                            ``(iv) Advanced imaging technology.
                            ``(v) X-ray bag screening technology.
            ``(2) Contents.--The study required under paragraph (1) 
        shall include information related to the employee screening 
        costs of those airports which have already implemented 
        practices of screening 100 percent of employees entering secure 
        areas of airports, including the following:
                    ``(A) Costs associated with establishing an 
                operational minimum number of employee entry and exit 
                points.
                    ``(B) A comparison of costs associated with 
                implementing the requirements specified in paragraph 
                (1), based on whether such implementation was carried 
                out by the Administration or airports.
            ``(3) Comptroller general assessment.--
                    ``(A) In general.--Upon completion of the study 
                required under paragraph (1), the Comptroller General 
                of the United States shall review such study to assess 
                the quality and reliability of such study.
                    ``(B) Assessment.--Not later than 60 days after the 
                receipt of the study required under paragraph (1), the 
                Comptroller General of the United States shall report 
                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 on the 
                results of the review required under subparagraph 
                (A).''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 1601 the following new item:

``Sec. 1602. Risk-based screening of employees at airports.''.

            Passed the House of Representatives October 6, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.