[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.

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