[Congressional Record Volume 154, Number 101 (Wednesday, June 18, 2008)]
[House]
[Pages H5496-H5498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BIOMETRIC ENHANCEMENT FOR AIRPORT-RISK REDUCTION ACT OF 2008
Mr. THOMPSON of Mississippi. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 5982) to direct the Secretary of Homeland
Security, for purposes of transportation security, to conduct a study
on how airports can transition to uniform, standards-based, and
interoperable biometric identifier systems for airport workers with
unescorted access to secure or sterile areas of an airport, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5982
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 ``Biometric Enhancement for
Airport-Risk Reduction Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Biometric identifier system.--The term ``biometric
identifier system'' means a system that uses biometric
identifier information to match individuals and confirm
identity for transportation security and other purposes.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security acting through the Assistant Secretary
of Homeland Security (Transportation Security
Administration).
SEC. 3. BIOMETRIC IDENTIFIER SYSTEMS.
(a) Study.--
(1) In general.--The Secretary, in consultation with the
working group of industry stakeholders to be established
under subsection (c), shall conduct a study on how airports
can transition to uniform, standards-based, and interoperable
biometric identifier systems for airport workers with
unescorted access to secure or sterile areas of an airport.
(2) Purpose.--The purpose of the study shall be to enhance
transportation security against a potential act of terrorism
by an airport worker who is allowed unescorted access to
secure or sterile areas of an airport.
(3) Risk-based analysis.--In conducting the study, the
Secretary shall conduct a risk-based analysis of selected
Category X and I airports and other airports, as the
Secretary determines appropriate, to identify where the
implementation of biometric identifier systems could benefit
airports.
(4) Considerations.--In conducting the study, the Secretary
shall consider the following:
(A) Parallel systems.--Existing parallel biometric security
systems applicable to workers with unescorted access to
critical infrastructure, including--
(i) transportation security cards issued under section
70105 of title 46, United States Code;
(ii) armed law enforcement travel credentials issued under
section 44903(h)(6) of title 49, United States Code; and
(iii) other credential programs used by the Federal
Government, as the Secretary considers appropriate.
(B) Efforts by transportation security administration.--Any
biometric programs or proposals developed by the Assistant
Secretary of Homeland Security (Transportation Security
Administration).
(C) Infrastructure and technical requirements.--The
architecture, modules, interfaces, and transmission of data
needed to address risks associated with securing airports by
providing interoperable biometric security measures and
credentials for airport workers with unescorted access to
secure and sterile areas of an airport.
(D) Existing airport systems.--Biometric infrastructure and
systems in use in secure and sterile areas of airports.
(E) Incentives.--Possible incentives for airports that
voluntarily seek to implement uniform, standards-based, and
interoperable biometric identifier systems.
(F) Associated costs.--The costs of implementing uniform,
standards-based, and interoperable biometric identifier
systems at airports, including--
(i) the costs to airport operators, airport workers, air
carriers, and other aviation industry stakeholders; and
(ii) the costs associated with ongoing operations and
maintenance and modifications and enhancements needed to
support changes in physical and electronic infrastructure.
(G) GAO recommendations.--Any recommendations or findings
developed by the Government Accountability Office relating to
implementing biometric security for airport workers with
unescorted access to secure and sterile areas of airports.
(H) Information from other sources.--Recommendations,
guidance, and information from other sources, including
government entities, organizations representing airport
workers, and private individuals and organizations.
(5) Report.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study conducted under this subsection.
(b) Best Practices.--
(1) Identification of best practices.--The Secretary, in
consultation with the working group of aviation industry
stakeholders to be established under subsection (c), shall
identify best practices for the administration of biometric
credentials at airports, including best practices for each of
the following processes:
(A) Registration and enrollment.
(B) Eligibility vetting and risk assessment.
(C) Issuance.
(D) Verification and use.
(E) Expiration and revocation.
(F) Development of a cost structure for acquisition of
biometric credentials.
(G) Development of redress processes for workers.
(2) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall--
(A) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
outlines the best practices identified under paragraph (1);
and
(B) make the report available to airport operators.
(c) Aviation and Airport Security Working Group.--
(1) In general.--The Secretary shall convene a working
group to assist the Secretary with issues pertaining to
implementing and carrying out this section.
(2) Membership.--The Secretary shall ensure that the
membership of the working group includes aviation industry
stakeholders and specifically includes individuals selected
from among--
(A) the membership of the Transportation Security
Administration's Aviation Security Advisory Committee;
(B) individuals and organizations representing airports;
(C) individuals and organizations representing airport
workers, including those airport workers with unescorted
access to secure and sterile areas of airports;
(D) individuals and organizations representing the
biometric technology sector; and
(E) any other individuals and organizations that the
Secretary considers appropriate.
(3) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to working
group established under this subsection.
(4) Sunset.--The working group established under this
subsection shall cease operations 30 days after the date of
submission of the report under subsection (a)(5) or 30 days
after the date of submission of the report under subsection
(b)(2), whichever is later.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Mississippi (Mr. Thompson) and the gentleman from California (Mr.
Daniel E. Lungren) each will control 20 minutes.
The Chair recognizes the gentleman from Mississippi.
General Leave
Mr. THOMPSON of Mississippi. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Mississippi?
There was no objection.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in strong support of
this bill and yield myself such time as I may consume.
Mr. Speaker, last month I introduced H.R. 5982, the Biometric
Enhancement for Airport Risk Reduction Act of 2008, also known as the
BEAR Act. The bill was marked up and adopted unanimously by the House
Committee on Homeland Security on May 20.
The Transportation Security Administration is responsible for
securing 450 U.S. airports and employs approximately 50,000 people. It
has a very important mission of keeping the traveling public safe from
terrorist threats. But the question remains, what is TSA doing to
increase security and still allow workers with unescorted access to
sterile and secure areas of airports? And what mechanisms are in place
to ensure that only the employees are allowed to access the airports'
secure and sterile areas.
[[Page H5497]]
The BEAR Act addresses these concerns. It requires TSA to provide
Congress and airport operators with a report on best practices for
using biometrics at airports.
Last November, Federal law enforcement raided Chicago's O'Hare
Airport and arrested 23 people for fraudulently securing badges that
gave them unescorted access to sensitive airport locations. According
to the charging affidavit, more than 100 temporary workers were found
to be in possession of fraudulent badges. And the investigation
revealed that the staffing agency that sponsored these workers told
them that they needed identification, but it did not have to be
legitimate.
Today, workers with unescorted access to these critical facilities go
through background screening to get identification badges. This
background screening includes checking against a terrorist watch list.
While this is a necessary and important check, a worker's biometrics
are not being captured in check against biographic information to
establish the individual's identity.
Since the Chicago incident, there has been a growing international
trend to incorporate biometric identifying credentials in airport IDs.
Canada and the United Kingdom have already taken action to address the
security risk at airports by using biometric identifying credentials
for airport workers.
Although I recognize the ongoing work that TSA has been doing in the
last year or so, it's time for them to consider moving forward. The
BEAR Act will make this happen.
The bill promotes collaboration between TSA industry, labor, and
other stakeholders to collectively develop and provide airports with a
blueprint on how to make biometrics work for them. The BEAR Act, as
amended, includes changes proposed by my colleagues on the other side
of the aisle and TSA to improve the bill, including clarifying that TSA
should only conduct a risk-based study of Category 10 and Category 1
airports on a selected groups of airports, defining uniform biometric
identified systems to make sure that TSA looks at systems that actually
match individuals, not just cards, that have biometrics on them,
recognizing and not tampering with TSA's ongoing efforts in the area of
biometrics such as the TWIC program and other programs.
Therefore, Mr. Speaker, I urge my colleagues to support H.R. 5982.
I reserve the balance of my time.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I rise in support
of H.R. 5982. As a Californian, the State that was once known as the
Bear Republic, and proud resident of the State of California, which has
the bear flag, I rise in support of the BEAR bill that the gentleman
from Mississippi has introduced and brought to the floor today.
{time} 1115
The chairman from Mississippi has brought us a bill that seeks to
build on work that has already been done in previous Congresses and
also with TSA, but I think he gives us a little bit of a push to move
in the direction of biometrics.
The Biometric Enhancement for Airport-Risk Reduction Act simply
recognizes that as we go forward in trying to secure our airports and
the flying public and the cargo from terrorist attack we need to use
those things which give us an advantage over those who would do harm to
us, and that means we need to have the smart use of technology.
The gentleman from Mississippi has been one of those who has spoken
for several years about the fact that we need to get biometrics on
board more quickly than we have, and I join the gentleman in that hope.
I think this bill will move us in that direction.
People should understand that biometrics merely refers to
identifiers. They could be something as simple as fingerprints. They
could be iris scans, things of that sort, some medium by which we are
able to identify an individual with the documentation that they have.
And then if you have readers that are all over the landscape now for
various different enterprises, it allows you in an economical and in an
efficient way to identify the individuals that are granted access to
particular areas, and this is particularly important when we're talking
about vast areas that we find at airports.
Airports are not severely confined by geography as are some other
enterprises, some other commercial enterprises, where you might be able
to more easily secure the area. Particularly when you have airports
where you have individuals who are cleared to work there, moving in and
out, in and out, in and out of areas which are supposed to be secured
areas, you have to find a reasonably efficient means that is also an
effective means of identifying those people who should be in those
areas and those people who should not be in those areas.
And that is why biometric technology presents such an opportunity for
us, and for these and other reasons I would support H.R. 5982.
At this time, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 3 minutes to the
distinguished gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. I thank the distinguished gentleman from
Mississippi, the chairman of the committee, and I want to thank him and
applaud him for this legislation.
As has been indicated on the floor, the importance of ensuring the
security and the sanctity of the particular identification, the
technology, is key. One of the key problems that we have found in
homeland security is, of course, the ability to tamper with the
security document or the process. This legislation is an important,
enhanced effort to ensure that that does not happen.
I want to thank the chairman for his leadership on this particular
issue, and also, I think it's important to note that one of the
commitments that homeland security has made is, ``Not on our watch,''
and we have steadfastly looked at all of the elements that need to be
improved and enhanced in border security and aviation security to
ensure that there are documents that can be, on their face, the kind of
document that provides the necessary review and protection for the
traveling public and for those who do business in the ports of America.
Mr. Speaker, I rise today in strong support of H.R. 5982, the
Biometric Enhancement Act for Airport-Risk Reduction Act of 2008,
introduced by my distinguished colleague from Mississippi, Chairman
Thompson. This important legislation requires TSA to provide Congress
and airport operators with a breakdown on best practices for utilizing
biometrics to better protect airports.
In the last few months, the Transportation Security Administration,
TSA, has unveiled several new programs and initiatives that are proving
to build a ``layered approach'' to security. And while the TSA is
responsible for the 450 U.S. airports, and employs approximately
50,000, with the very important mission of keeping the traveling public
safe from terrorist threats, it has done very little to strengthen
airport security for workers with unescorted access to sterile and
secure areas of the airport. At the present time, there are few
mechanisms in place to ensure that contracted employees follow due
diligence at our airports and access is granted to only those employees
who belong on airport grounds at any given time. This legislation
addresses these key issues by requiring TSA to provide Congress and
airport operators with a breakdown on best practices for utilizing
biometrics to better protect airports.
Mr. Speaker, only last November, Federal law enforcement raided
Chicago's O'Hare International Airport in November 2007 and arrested 23
people for fraudulently securing badges to gain access to sensitive
airport locations. According to the charging affidavit, more than 100
temporary workers were found to be in possession of the fraudulent
badges and the staffing agency that sponsored these workers told them
that they needed identification, but such identification did not have
to be legitimate.
While today's workers with unescorted access to this critical
infrastructure go through background screening, which includes terror
watch list checks, to get issued badges, more must be done. While this
is a necessary and important check, a job applicant's biometrics are
not being captured to check against biographic information provided to
establish the individual's identity. The legislation we have before us
today is a smart security approach that promotes collaboration between
TSA, industry, labor and other key stakeholders to work together to
collectively develop and provide airports with a blueprint on how to
make biometrics work for them.
Mr. Speaker, this legislation requires TSA to study how airports can
transition to uniform, standards-based and interoperable biometric
identifier systems for airport workers with unescorted access. This
bill furthermore requires TSA and the working group to examine
[[Page H5498]]
existing programs, such as TWIC, and identify approaches on how
biometrics can enhance protections for secure and sterile areas of the
airport. TSA is also required by this bill to provide Congress and
airport operators with a breakdown on best practices for using
biometrics to improve airport security.
Mr. Speaker, this bill is not about re-inventing the wheel or putting
a stop to any good work at TSA on this issue. It is about encouraging
public-private partnerships and promoting an open dialogue between TSA,
industry, and Congress on how best to secure our airports. I am proud
to support this important and timely legislation, and I encourage my
colleagues to join me in so doing.
Mr. DANIEL E. LUNGREN of California. I reserve the balance of my
time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 1 minute to the
gentlewoman from New York (Mrs. Lowey).
Mrs. LOWEY. I wanted to rise to thank our chairman for your important
work on this issue. We have worked together on 100 percent screening of
workers at airports, and now, there is a pilot project in place for
seven of those airports, and we know that in three they are doing 100
percent screening. And at the others, they're looking at other methods,
and one of the methods that they are seriously considering and some are
using are the issue of biometrics because it is so important.
So I do want to thank the chairman for your leadership on this issue,
and I look forward to following the work of the seven airports.
Hopefully, we'll be able to spread it to all of our airports.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, again, in closing,
I rise in support of H.R. 5982, the BEAR Act, the Biometric Enhancement
for Airport-Risk Reduction Act, brought to us by the chairman of this
committee. This is an advancement. This is a push to where we need to
go with respect to biometrics.
We ought to understand that the United States is the leader in the
world in technology and technology application. We need to do that here
as well. And it sometimes seems strange that we don't take advantage of
the leadership that we have in applying it to certain areas. The
urgency that we need to adopt with respect to the threat that is out
there is, I think, shared by this committee, but I'm not sure that it
is shared totally by the full Congress, nor by the Federal
establishment all together nor, in some cases, by the American people,
where, after our successes in forestalling any major terrorist attack
on our shores since 9/11, it allows us a certain relaxation that I
think is dangerous. The gentleman moves us in the right direction with
this bill.
I might say that as we move with this bill I would hope we would move
with some other bills on this floor dealing with the threat that we
have to our national economy and our national security through our
energy dependence on many, many others.
The U.S. is the leader in the potential for oil shale, just as we're
the leader in technology in this world. The U.S. might be called the
Saudi Arabia of oil shale. According to the Department of Energy, this
Nation is endowed with more than 2 trillion barrels of oil. To put this
figure in perspective, the world has used 1 trillion barrels of oil
since the first oil well was successfully drilled in Pennsylvania in
1859. According to the Department of Energy, let me repeat, we are
endowed with more than 2 trillion barrels of oil, and we're talking
about U.S. oil shale.
The problem is that we had a rider on an appropriations bill just
last year that makes this huge domestic resource off-limits. That would
be as silly as us having a bill on the floor that would say, even
though we're the leader in biometric technology, we will prohibit its
use in the area of airport security. That would make no sense, Mr.
Speaker, nor does it make sense for us not to utilize this tremendous
resource we have.
So again, Mr. Speaker, I would say that I would encourage all Members
to support H.R. 5982, the Biometric Enhancement for Airport-Risk
Reduction Act, otherwise known as the BEAR Act, brought to us on this
floor by the distinguished gentleman from Mississippi, the chairman of
our committee.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself as much time
as I may consume.
Mr. Speaker, I urge all my colleagues to support this commonsense
approach to studying how biometrics can be used to improve airport
security.
I think it is important to make clear again, this bill does not
create any new mandates on airports. This bill does not require
airports to use biometric identifying systems. Instead, it only
provides for a study of how biometrics could be used.
I strongly believe that strategic deployment of biometrics in the
airport is a sensible part of any layered security plan for the airport
environment. Therefore, I urge my colleagues to support this important
legislation and make our airports safer.
Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today in
support of H.R. 5982, Chairman Thompson's legislation that would take
an important step toward improving airport security.
Since 9/11, Congress and the airline industry have taken strong
actions to tighten security at our nation's airports.
These measures have included the creation of the TSA, the expansion
of the air marshal service, and the full screening of airline
passengers.
Chairman Thompson's proposal before us today would build upon these
early efforts by implementing a study on the use of biometrics in
identifying airport workers.
As TSA continues to look for ways to ensure that airport workers--in
addition to passengers--do not pose security risks, pursuing biometrics
is a timely and necessary effort.
At the same time, pursuing biometrics would also enhance efforts to
conduct 100 percent screening of airport workers with access to secure
parts of an airport.
Congresswoman Nita Lowey and I have long supported 100 percent
screening of airport workers.
Earlier in this Congress, we were proud to introduce and pass H.R.
1413, a bill to establish a pilot program to test such worker screening
at a number of airports.
Just recently, TSA launched a pilot similar to the program outlined
in our bill, and I look forward to learning the results of this
important test upon its completion.
Of course, no one wants more bureaucracy for bureaucracy's sake, but
Congress needs to look continuously for ways to improve protection for
the traveling public.
As 9/11 so painfully taught us, we must resolve our security
weaknesses before terrorists exploit the remaining gaps.
I urge my colleagues to support H.R. 5982.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Mississippi (Mr. Thompson) that the House suspend the
rules and pass the bill, H.R. 5982, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________