[Congressional Record Volume 161, Number 119 (Monday, July 27, 2015)]
[House]
[Pages H5497-H5499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IMPROVED SECURITY VETTING FOR AVIATION WORKERS ACT OF 2015
Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2750) to reform programs of the Transportation Security
Administration, streamline transportation security regulations, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2750
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 ``Improved Security Vetting
for Aviation Workers Act of 2015''.
SEC. 2. AVIATION SECURITY.
(a) In General.--Subtitle A of title XVI of the Homeland
Security Act of 2002 (6 U.S.C. 561 et seq.) is amended by
adding after section 1601 the following new section:
``SEC. 1602. VETTING OF AVIATION WORKERS.
``(a) In General.--By not later than December 31, 2015, the
Administrator, in coordination with the Assistant Secretary
for Policy of the Department, shall request from the Director
of National Intelligence access to additional data from the
Terrorist Identities Datamart Environment (TIDE) data and any
or other terrorism-related information to improve the
effectiveness of the Administration's credential vetting
program for individuals with unescorted access to sensitive
areas of airports.
``(b) Security Inspection.--By not later than December 31,
2015, the Administrator
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shall issue guidance for Transportation Security Inspectors
to annually review airport badging office procedures for
applicants seeking access to sensitive areas of airports.
Such guidance shall include a comprehensive review of
applicants' Criminal History Records Check (CHRC) and work
authorization documentation during the course of an
inspection.
``(c) Information Sharing.--By not later than December 31,
2015, the Administrator may conduct a pilot program of the
Rap Back Service, in coordination with the Director of the
Federal Bureau of Investigation, to determine the feasibility
of full implementation of a service through which the
Administrator would be notified of a change in status of an
individual holding a valid credential granting unescorted
access to sensitive areas of airports across eligible
Administration-regulated populations.
``(d) Procedures.--The pilot program under subsection (c)
shall evaluate whether information can be narrowly tailored
to ensure that the Administrator only receives notification
of a change with respect to a disqualifying offense under the
credential vetting program under subsection (a), as specified
in 49 C.F.R. 1542.209, and in a manner that complies with
current regulations for fingerprint-based criminal history
records checks. The pilot program shall be carried out in a
manner so as to ensure that, in the event that notification
is made through the Rap Back Service of a change but a
determination of arrest status or conviction is in question,
the matter will be handled in a manner that is consistent
with current regulations. The pilot program shall also be
carried out in a manner that is consistent with current
regulations governing an investigation of arrest status,
correction of Federal Bureau of Investigation records and
notification of disqualification, and corrective action by
the individual who is the subject of an inquiry.
``(e) Determination and Submission.--If the Administrator
determines that full implementation of the Rap Back Service
is feasible and can be carried out in a manner that is
consistent with current regulations for fingerprint-based
criminal history checks, including the rights of individuals
seeking credentials, the Administrator shall submit such
determination, in writing, 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,
together with information on the costs associated with such
implementation, including the costs incurred by the private
sector. In preparing this determination, the Administrator
shall consult with the Chief Civil Rights and Civil Liberties
Officer of the Department to ensure that protocols are in
place to align the period of retention of personally
identifiable information and biometric information, including
fingerprints, in the Rap Back Service with the period in
which the individual who is the subject of an inquiry has a
valid credential.
``(f) Credential Security.--By not later than September 30,
2015, the Administrator shall issue guidance to airports
mandating that all federalized airport badging authorities
place an expiration date on airport credentials commensurate
with the period of time during which an individual is
lawfully authorized to work in the United States.
``(g) Aviation Worker Lawful Status.--By not later than
December 31, 2015, the Administrator shall review the denial
of credentials due to issues associated with determining an
applicant's lawful status in order to identify airports with
specific weaknesses and shall coordinate with such airports
to mutually address such weaknesses, as appropriate.
``(h) Reports to Congress.--Upon completion of the
determinations and reviews required under this section, the
Administrator shall brief the Committee on Homeland Security
and the Committee on Transportation and Infrastructure 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 determinations and reviews.''.
(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. Vetting of aviation workers.''.
SEC. 3. STATUS UPDATE ON RAP BACK SERVICE PILOT PROGRAM.
Not later than 60 days after the date of the enactment of
this Act, the Administrator of the Transportation Security
Administration shall submit 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
report on the status of plans to conduct a pilot program in
coordination with the Federal Bureau of Investigation of the
Rap Back Service in accordance with subsection (c) of section
1602 of the Homeland Security Act of 2002, as added by
section 2 of this Act. The report shall include details on
the business, technical, and resource requirements for the
Transportation Security Administration and pilot program
participants, and provide a timeline and goals for the pilot
program.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Katko) and the gentlewoman from New York (Miss Rice) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KATKO. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days within which to revise and extend their remarks and
include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
Today we will consider four bipartisan bills that address security
vulnerabilities and improvements to the Transportation Security
Administration.
I am proud of the bipartisan work this subcommittee has done and will
continue to do to address the issue. I would like to thank Chairman
McCaul, Ranking Member Thompson of the Homeland Security Committee, as
well as my colleague, Ranking Member Rice, from the Subcommittee on
Transportation Security for their leadership.
These four bills being on the floor today demonstrate that, when we
work together, we can get things done. I look forward to continuing to
work together on these issues.
Mr. Speaker, today I rise in strong support of H.R. 2750, the
Improved Security Vetting for Aviation Workers Act of 2015.
In June of this year, the Department of Homeland Security inspector
general released a report that found a stunning 73 aviation workers
that had possible ties to terrorism.
The findings of this report were indeed alarming, and 14 years after
9/11 findings like this are simply unacceptable.
This vital piece of bipartisan legislation will strengthen the
vetting of these workers, close these security gaps, and ensure the
safety and security of our Nation's aviation system.
The inspector general's June report found that TSA does not have
access to all the data it may need to thoroughly check an aviation
worker's potential ties to terrorism.
However, what is even more alarming is that a memo was sent to the
TSA Administrator noting the need for additional information and TSA
has still yet to resolve this gap.
The report also found that airports do not match the expiration date
of an employee's credential to the expiration of their legal work
authorization in the United States.
{time} 1630
Again, while TSA stated they are working to resolve this issue by the
end of the year, it raises serious concern that this gap exists in the
first place. That is why this legislation is so critical, in order to
guarantee that TSA addresses these known vulnerabilities.
Since the start of this Congress, as chairman of the Subcommittee on
Transportation Security of the Committee on Homeland Security, I have
actively examined a number of alarming aspects related to TSA's
operations, policies, and procedures. Through hearings, oversight
inquiries, and legislation, I have been working to get to the bottom of
these issues and raise awareness of the urgent need to fix them.
Unfortunately, these findings by the inspector general are not an
anomaly. In May, the inspector general released a report that found
that TSA did not have the appropriate controls in place to ensure that
screening equipment has necessary maintenance work performed, an issue
that Miss Rice's bill, H.R. 2770, addresses.
Last month, news outlets reported test results showing that screeners
failed to detect prohibited threat items 96 percent of the time--96
percent.
These more recent findings come on the heels of revelations earlier
this year of security breaches by employees at major airports across
this country involving a nationwide gun smuggling ring and an employee
of the FAA bypassing security and flying with a loaded firearm using
his SIDA badge, and this month, four airport workers from Dallas were
arrested for exploiting their access to aircraft to smuggle what they
believed to be cocaine and other drugs.
[[Page H5499]]
All of these findings individually are concerning and, in the
aggregate, shake public's confidence and only further display the need
for this legislation.
Aviation workers are supposed to be thoroughly vetted due to their
continuing access to sensitive areas of airports and the fact that they
hold a position of trust within the transportation system. However, the
findings by the inspector general and the dozens of arrests of aviation
workers this year demonstrate that the status quo is not working.
The insider threat is the hardest threat to combat, and while this
bill will not eliminate this threat, H.R. 2750 will indeed give TSA and
the airports the ability to more thoroughly vet these employees and
have a better understanding of whom we are granting secured access to.
The reality is that, in this post-9/11 world, the terrorist threat is
metastasizing; and we, as a Nation, must remain responsive to any holes
in the security of our transportation systems and ensure that protocols
keep place with the ever-evolving threat landscape.
Improving the vetting of the aviation workers who have access to
sensitive areas of airports can help close another backdoor
vulnerability at our Nation's airports.
I would like to thank Chairman McCaul, Ranking Member Rice,
Congresswoman McSally, Congressman Keating, and Congressman Payne for
joining me as cosponsors of this bill. I urge my other colleagues to
join me in supporting this critical piece of legislation.
I reserve the balance of my time.
Miss RICE of New York. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of H.R. 2750, the Improved Security Vetting
for Aviation Workers Act of 2015.
Mr. Speaker, a recent review by the Department of Homeland Security's
inspector general found that, although TSA's multilayered process for
vetting airport workers is generally effective, there were instances
where the process did not detect airport workers with potential links
to terrorism.
In total, the inspector general identified 73 aviation workers with
possible links to terrorism after running data against the so-called
TIDE database, which is maintained by the National Counterterrorism
Center.
TSA does not have access to this database under current interagency
watch listing policies. Chairman Katko introduced H.R. 2750 to rectify
this situation, and I am proud to be an original cosponsor of this
bipartisan bill.
H.R. 2750 will put TSA on a path to accessing terrorism-related data
in order to more effectively vet employees who work in our Nation's
airports. In addition, this bill will require TSA to conduct an annual
review of the procedures for issuing security credentials to employees
seeking to work in highly sensitive, secure areas of our airports.
Lastly, under H.R. 2750, TSA is authorized to pilot the FBI's Rap
Back Service, which provides near real-time information about changes
in an airport worker's criminal history. The possibility of someone
with ties to terrorism getting a job in an American airport is a very
real threat, one of many that we live with every day and one that we
must do everything in our power to prevent. H.R. 2750 will help
neutralize that threat. I urge my colleagues to give it their full
support.
Mr. Speaker, in closing, together with Chairman Katko, I am proud of
the work that we have done on the Subcommittee on Transportation
Security to address this and other pressing transportation security
issues within TSA in a constructive, bipartisan way.
The four bipartisan TSA bills that we are considering today are a
testament to that effort and to what we can accomplish when we work
together to solve real problems. I hope that we will continue to make
progress together, and I urge my colleagues to support H.R. 2750.
Mr. Speaker, I yield back the balance of my time.
Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume to
close.
Mr. Speaker, I once again urge my colleagues to support this strong,
bipartisan piece of legislation.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 2750,
the Improved Security Vetting for Aviation Workers Act, which directs
the Transportation Security Administrator to annually review airport
badging office procedures for applicants seeking access to sensitive
areas of airports.
I commend the bipartisan work of Chairman McSally and Ranking Member
Payne for their work on this bill.
The bill would direct the Transportation Security Administrator to
coordinate with the Secretary of Homeland Security and consult with the
Federal Bureau of Investigation to conduct a pilot program of the Rap
Back Service in preparation for possible full implementation.
The Administrator is further directed to determine the lawful status
of aviation workers in order to identify airports with specific
weaknesses.
The Administrator will brief the House Committees on Homeland
Security and Transportation and Infrastructure as well as the Senate
Committees on Homeland Security and Government Affairs and Commerce,
Science, and Transportation on the results of the determinations and
reviews.
This is a good step forward in support of security at our nation's
airports.
As the Committee charged with the responsibility of improving
security at our nation's airports this forward looking bill will allow
a pilot program to determine if there are better resources for assuring
the security of the traveling public.
I ask my colleagues to join me in voting in favor of H.R. 2750.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Katko) that the House suspend the rules
and pass the bill, H.R. 2750, 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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