[Congressional Record Volume 161, Number 146 (Tuesday, October 6, 2015)]
[House]
[Pages H6811-H6813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        AIRPORT ACCESS CONTROL SECURITY IMPROVEMENT ACT OF 2015

  Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3102) to amend the Homeland Security Act of 2002 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. 3102

       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     for such secure area is withdrawn; and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 ten 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,

[[Page H6812]]

     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 one-hundred 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentleman from Louisiana (Mr. Richmond) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.

                              {time}  1715


                             General Leave

  Mr. KATKO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to include 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.
  H.R. 3102 is a critically important, bipartisan piece of legislation, 
which serves as a culmination of months of intense oversight on the 
issue of airport access controls and the insider threat to aviation 
security.
  The gaps in airport employee access control made headlines after an 
investigation revealed that aviation employees were trafficking weapons 
and ammunitions between Atlanta and New York. More than 170 guns were 
trafficked in such a manner.
  Furthermore, a recent inspector general report found that TSA failed 
to identify 73 aviation workers with possible links to terrorism. 
Lastly, at airports such as Dallas/Fort Worth, Los Angeles 
International, and Oakland, many major drug-trafficking rings have been 
uncovered involving employees using their insider ability to access the 
airports.
  It is the responsibility of this committee to act to prevent similar 
stories from continuing to emerge.
  Specifically, H.R. 3102 requires TSA to consult with Federal and 
private sector partners to review existing employee screening protocols 
and work comprehensively to improve the effectiveness of controls at 
airports across the United States.
  Moreover, the bill improves standards of vetting for the credentials 
granted to individuals with access to secure areas of airports and 
takes a robust approach to bolstering the oversight of the access given 
to these employees.
  H.R. 3102 codifies a number of recommendations put forward by the 
Aviation Security Advisory Committee, which examined the issue of 
airport access controls earlier this year at our urging.
  This legislation reflects rigorous oversight, including a number of 
hearings, site visits, and briefings from Homeland Security, TSA, the 
FBI, and aviation stakeholders.
  Furthermore, I am very proud of the cooperation among our private 
sector stakeholders, Federal partners, and the labor community that has 
helped to bring this bill to the floor today.
  Throughout this legislation's development, we have worked tirelessly 
with the same end goal in mind: to enhance the security of our Nation's 
airports and mitigate threats to aviation workers and the traveling 
public.
  The insider threat to aviation is real, and it is critical that we 
evolve our security standards and best practices to stay abreast of 
changing threats to transportation.
  I wish to thank Ranking Member Rice and Ranking Member Thompson

[[Page H6813]]

for their hard work and attention to this issue, as we have focused 
heavily on these problems in a bipartisan manner.
  I also wish the thank the chairman of the full committee, Mr. McCaul, 
for his support on the committee's oversight efforts and for seeing 
this bill through the committee.
  Together--together--we can fix these problems and assure the American 
public that their aviation system is secure and adaptive to changing 
threats.
  I urge all Members to join me in supporting this bill.
  I reserve the balance of my time.
  Mr. RICHMOND. Mr. Speaker, I yield myself such time as I may consume.
  I rise to speak in support of H.R. 3102.
  Last year we learned that airport employees used their access to the 
secure areas of airports to bypass screening to smuggle weapons and 
drugs onto commercial flights.
  In response, then-Acting Administrator Melvin Carraway requested that 
TSA's stakeholder advisory committee, the Aviation Security Advisory 
Committee, take on the challenge of evaluating airport access controls 
and come up with approaches to address security vulnerabilities.
  In April, the ASAC issued a thoughtful report with 28 recommendations 
designated to mitigate threats and risks associated with airport access 
controls.
  Congress approved legislation in December 2014 to codify ASAC in law 
in the hopes that it would result in better aviation security 
policymaking at TSA.
  We envisioned a process in which various stakeholders throughout the 
aviation community were able to come together and address security 
issues affecting the industry. In this instance, the process worked as 
envisioned, and TSA is making sure and steady progress towards 
addressing many of the recommendations.
  I believe that, by advancing this bill today, we will send a message 
to TSA and aviation stakeholders that we have a strong interest in 
raising the bar when it comes to securing our Nation's airports.
  Mr. Speaker, in closing, I simply reiterate that the committee 
remains interested in raising the level of security within our Nation's 
airports. As such, we will continue to track TSA's efforts at 
bolstering access controls and addressing the ASAC's recommendations.
  Mr. Speaker, I yield back the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the issues addressed in H.R. 3102 are a pressing concern 
to the security of our Nation's airports. It is critical that we send 
this bill to the Senate today. Congress cannot stand idly by and grant 
tacit approval to lax security standards for employees when we have the 
authority and responsibility to spur action and keep the traveling 
public safe from harm.
  I want to thank Mr. Richmond for his bipartisan comments. That truly 
is the nature of what we have done today, is act in a bipartisan manner 
to attack a problem.
  I urge my colleagues to support this bill.
  I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland 
Security Committee, I rise to speak on H.R. 3102, the ``Airport Access 
Control Security Improvement Act of 2015,'' which amends the Homeland 
Security Act of 2002 to reform programs of the Transportation Security 
Administration, and streamline transportation security regulations.
  The objective of the bill is to 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.
  The model is intended to ensure that only those individuals 
authorized to have access to secure areas of a domestic airport are 
permitted such access.
  The model must be able to differentiate between individuals 
authorized to have access to an entire secure area and those who are 
not permitted access.
  The Director of the FBI and Director of the Aviation Security 
Advisory Committee are directed to review the disqualifying criminal 
offenses in the Code of Federal Regulations to determine the adequacy 
for an individual to have continued access to Secure Identification 
Display Areas of airports.
  The review based on the current language of the bill would consider 
whether the list of disqualifying offenses should be amended to include 
other offenses.
  As House Judiciary Committee's Ranking Member on the Subcommittee on 
Crime, Terrorism and Investigation, I am concerned that the bill 
contains this language.
  At a time when we are discussing the rights of non-violent offenders 
to have an opportunity, if their conduct and records dictate to be able 
to fully reintegration into society, that there may be other efforts to 
make this process more difficult without a serious review of why such 
measures should be taken and for whom should they be applied?
  I would offer to work with my fellow members on the House Committee 
on Homeland Security to consider carefully the reasons for any 
expansion on this list, especially if the expansion only involves the 
Department of Homeland Security.
  There are similar concerns regarding language in the bill that may 
extend the period of time that may be considered between a particular 
situation and the life a person is currently leading.
  Considering behavior of a teenager when considering the conduct of a 
35 year-old adult, the weight of the consideration should be on the 
life of the adult and the seriousness of the offense.
  Any new model that may be developed that would impact the 
employability of current persons who hold access credentials and future 
employees should be further reviewed by the full committee prior to 
becoming policy.
  The bill's goals are important--the House should consider every 
aspect of airport security to improve aviation safety.
  I will continue to work in my capacity on both the House Committee on 
Homeland Security and the House Committee on the Judiciary to improve 
aviation security.
  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. 3102, 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.

                          ____________________