[Congressional Record (Bound Edition), Volume 163 (2017), Part 4]
[House]
[Pages 5919-5922]
[From the U.S. Government Publishing Office, www.gpo.gov]




    AVIATION EMPLOYEE SCREENING AND SECURITY ENHANCEMENT ACT OF 2017

  Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 876) to amend the Homeland Security Act of 2002 to reform 
programs of the Transportation Security Administration, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 876

       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 ``Aviation Employee Screening 
     and Security Enhancement Act of 2017''.

     SEC. 2. DEFINITIONS.

       In this Act:

[[Page 5920]]

       (1) Administration.--The term ``Administration'' means the 
     Transportation Security Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Transportation Security Administration.
       (3) Air carrier.--The term ``air carrier'' has the meaning 
     given such term in section 40102 of title 49, United States 
     Code.
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means 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.
       (5) Foreign air carrier.--The term ``foreign air carrier'' 
     has the meaning given such term in section 40102 of title 49, 
     United States Code.
       (6) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
       (7) Secured area.--The term ``secured area'' has the 
     meaning given such term in section 1540.5 of title 49, Code 
     of Federal Regulations.
       (8) Security identification display area.--The term 
     ``Security Identification Display Area'' has the meaning 
     given such term in section 1540.5 of title 49, Code of 
     Federal Regulations.
       (9) Sterile area.--The term ``sterile area'' has the 
     meaning given such term in section 1540.5 of title 49, Code 
     of Federal Regulations.

     SEC. 3. COST AND FEASIBILITY STUDY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator, in consultation 
     with the Aviation Security Advisory Committee (established 
     under section 44946 of title 49, United States Code), shall 
     submit to the appropriate congressional committees and the 
     Comptroller General of the United States a cost and 
     feasibility study of a statistically significant number of 
     Category I, II, III, IV, and X airports assessing the impact 
     if all employee access points from non-secured areas to 
     secured areas of such airports are comprised of the 
     following:
       (1) A secure door utilizing card and pin entry or biometric 
     technology.
       (2) Surveillance video recording, capable of storing video 
     data for at least 30 days.
       (3) Advanced screening technologies, including at least one 
     of the following:
       (A) Magnetometer (walk-through or hand-held).
       (B) Explosives detection canines.
       (C) Explosives trace detection swabbing.
       (D) Advanced imaging technology.
       (E) X-ray bag screening technology.
       (b) Contents.--The study required under subsection (a) 
     shall include information related to the employee screening 
     costs of those category I, II, III, IV, and X airports which 
     have already implemented practices of screening 100 percent 
     of employees accessing secured areas of airports, including 
     the following:
       (1) Costs associated with establishing an operational 
     minimum number of employee entry and exit points.
       (2) A comparison of estimated costs and effectiveness 
     associated with implementing the security features specified 
     in subsection (a) to--
       (A) the Federal Government; and
       (B) airports and the aviation community.
       (c) Comptroller General Assessment.--
       (1) In general.--Upon completion of the study required 
     under subsection (a), the Comptroller General of the United 
     States shall review such study to assess the quality and 
     reliability of such study.
       (2) Assessment.--Not later than 60 days after the receipt 
     of the study required under subsection (a), 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 paragraph 
     (1).

     SEC. 4. AIRPORT WORKER EDUCATION AND SECURITY AWARENESS.

       (a) Cooperative Efforts to Enhance Airport Security 
     Awareness.--Not later than 180 days after the date of the 
     enactment of this Act, the Administrator shall work with air 
     carriers, foreign air carriers, airport operators, labor 
     unions representing credentialed employees, and the Aviation 
     Security Advisory Committee to enhance security awareness of 
     credentialed airport populations regarding insider threats to 
     aviation security and best practices related to airport 
     access controls.
       (b) Credentialing Standards.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator shall, in 
     consultation with air carriers, foreign air carriers, airport 
     operators, labor unions representing credentialed employees, 
     and the Aviation Security Advisory Committee, assess 
     credentialing standards, policies, and practices to ensure 
     that insider threats to aviation security are adequately 
     addressed.
       (2) Report.--Not later than 30 days after completion of the 
     assessment required under paragraph (1), the Administrator 
     shall report to the appropriate congressional committees on 
     the results of such assessment.
       (c) SIDA Applications.--
       (1) Social security numbers required.--Not later than 60 
     days after the date of the enactment of this Act, the 
     Administrator shall require airport operators to submit the 
     social security number of an individual applying for a 
     credential granting access to the Security Identification 
     Display Area to strengthen security vetting effectiveness. An 
     applicant who does not provide such applicant's social 
     security number may be denied such a credential.
       (2) Screening notice.--The Administrator shall issue 
     requirements for airport operators to include in applications 
     for access to a Security Identification Display Area a notice 
     informing applicants that an employee holding a credential 
     granting access to a Security Identification Display Area may 
     be screened at any time while gaining access to, working in, 
     or leaving a Security Identification Display Area.

     SEC. 5. SECURING AIRPORT WORKER ACCESS.

       (a) In General.--The Administrator shall work with airport 
     operators and the Aviation Security Advisory Committee to 
     identify advanced technologies, including biometric 
     identification technologies, for securing employee access to 
     the secured areas and sterile areas of airports.
       (b) Rap Back Vetting.--Not later than 180 days after the 
     date of the enactment of this Act, the Administrator shall 
     ensure that all credentialed aviation worker populations 
     currently requiring a fingerprint-based criminal record 
     history check are continuously vetted through the Federal 
     Bureau of Investigation's Rap Back Service, in order to more 
     rapidly detect and mitigate insider threats to aviation 
     security.
       (c) Insider Threat Education and Mitigation.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Administrator shall identify means of enhancing the 
     Administration's ability to leverage the resources of the 
     Department of Homeland Security and the intelligence 
     community to educate Administration personnel on insider 
     threats to aviation security and how the Administration can 
     better mitigate such insider threats.
       (d) Playbook Operations.--The Administrator shall ensure 
     that Administration-led employee physical inspection efforts 
     of aviation workers, known as Playbook operations, are 
     targeted, strategic, and focused on providing the greatest 
     level of security effectiveness.
       (e) Covert Testing.--
       (1) In general.--The Administrator shall conduct covert 
     testing of Administration-led employee inspection operations 
     at airports and measure existing levels of security 
     effectiveness. The Administrator shall provide--
       (A) the results of such testing to the airport operator for 
     the airport that is the subject of any such testing, and, as 
     appropriate, to air carriers and foreign air carriers that 
     operate at the airport that is the subject of such testing; 
     and
       (B) recommendations and technical assistance for air 
     carriers, foreign air carriers, and airport operators to 
     conduct their own employee inspections, as needed.
       (2) Annual reporting.--The Administrator shall annually, 
     for each of fiscal years 2018 through 2022, submit to the 
     appropriate congressional committees a report on the 
     frequency, methodology, strategy, and effectiveness of 
     employee inspection operations at airports.
       (f) Centralized Database.--Not later than 180 days after 
     the date of the enactment of this Act, the Administrator, in 
     consultation with the Aviation Security Advisory Committee, 
     shall--
       (1) establish a national database of individuals who have 
     had either their airport or airport operator-issued badge 
     revoked for failure to comply with aviation security 
     requirements;
       (2) determine the appropriate reporting mechanisms for air 
     carriers, foreign air carriers, and airport operators to--
       (A) submit to the Administration data regarding individuals 
     described in paragraph (1); and
       (B) access the database established pursuant to such 
     paragraph; and
       (3) establish a process to allow individuals whose names 
     were mistakenly entered into such database to correct the 
     record and have their names removed from such database.

     SEC. 6. INSIDER THREAT COORDINATION EFFORTS.

       The Department of Homeland Security is the lead interagency 
     coordinator pertaining to insider threat investigations and 
     mitigation efforts at airports. The Department shall make 
     every practicable effort to coordinate with other relevant 
     Government entities, as well as the security representatives 
     of air carriers, foreign air carriers, and airport operators, 
     as appropriate, when undertaking such investigations and 
     efforts.

     SEC. 7. INFORMATION TECHNOLOGY SECURITY.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator shall submit to the appropriate 
     congressional committees a plan to conduct recurring reviews 
     of the operational, technical, and management security 
     controls for Administration information technology systems at 
     airports.

[[Page 5921]]



     SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to carry out the 
     requirements of this Act. Such requirements shall be carried 
     out using amounts otherwise authorized.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentleman from New Jersey (Mr. Payne) 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.
  Mr. Speaker, I rise today in strong support of H.R. 876, the Aviation 
Employee Screening and Security Enhancement Act of 2017, which seeks to 
implement findings from a multiyear investigation into the insider 
threat facing our Nation's airports. This bipartisan legislation will 
help mitigate an increasingly disturbing threat to safety of the 
traveling public.
  Mr. Speaker, as chairman of the Committee on Homeland Security's 
Subcommittee on Transportation and Protective Security, it is my duty 
to understand and respond to the ever-changing threat landscape facing 
our Nation's aviation sector, which is a critical component to both 
America's economic and national security. In February of this year, we 
released a telling report on airport insider threats, which painted a 
disturbing picture of security vulnerabilities and gaps in screening 
and access controls at airports across the country. Just 3 days after 
the release of our report, news broke of a massive drug smuggling ring 
between Puerto Rico and the continental United States involving both 
TSA and airport employees. This network of criminals exploited their 
access to secure areas of airports to smuggle an astounding 20 tons--or 
$100 million worth--of cocaine into the United States and into our own 
communities.
  Another concerning example uncovered in our investigation throughout 
last Congress was when an airport employee offered to smuggle 
explosives on a passenger aircraft. Luckily, this individual was caught 
in a drug trafficking ring by the FBI and was arrested. However, we 
have seen multiple examples of aviation workers with access to secure 
areas of airports being involved in serious criminal activities, 
including terror plotting, after being radicalized.
  We cannot allow these lapses in security to continue placing the 
traveling public at risk, and we must continue to work together like my 
brother across the aisle, Mr. Payne, with our partners in security in 
the aviation sector and at the Transportation Security Administration. 
After a number of insider threat-related attacks at airports overseas, 
along with plots here in the United States, it is essential that we act 
on this legislation.
  This bill, if enacted, will enhance employee vetting requirements, 
improve procedures governing the way airports issue security 
credentials, and reform TSA's employee screening operations to be more 
targeted and effective. It will also provide policymakers with 
critical, previously unavailable data relating to the cost and 
feasibility of providing full employee screening at all domestic 
airports.
  The insider threat is real, and it is our duty to ensure the Federal 
Government is taking every step possible to keep the traveling public 
safe.
  I would like to extend my sincere gratitude to the ranking member of 
the subcommittee, my friend and colleague, Mrs. Watson Coleman, for her 
shared leadership on this issue. I would also like to thank the 
chairman of the full committee, Mr. McCaul, for shepherding this 
legislation through the committee.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.

                                         House of Representatives,


                                  Committee on Ways and Means,

                                   Washington, DC, April 25, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: I am writing with respect to H.R. 
     876, the ``Aviation Employee Screening and Security 
     Enhancement Act of 2017.'' This bill contains provisions 
     within the Rule X jurisdiction of the Committee on Ways and 
     Means.
       The Committee on Ways and Means will not seek a sequential 
     referral on H.R. 876 so that it may proceed expeditiously to 
     the House floor for consideration. This is done with the 
     understanding that the jurisdictional interests of the 
     Committee on Ways and Means over this and similar legislation 
     are in no way diminished or altered. In addition, the 
     Committee reserves the right to seek conferees on H.R. 876 
     and requests your support when such a request is made.
       I would appreciate your response confirming this 
     understanding with respect to H.R. 876 and ask that a copy of 
     our exchange of letters on this matter be included in the 
     Congressional Record during consideration of the bill on the 
     House floor.
           Sincerely,
                                                      Kevin Brady,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                   Washington, DC, April 25, 2017.
     Hon. Kevin Brady,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Chairman Brady: Thank you for your letter regarding 
     H.R. 876, the ``Aviation Employee Screening and Security 
     Enhancement Act of 2017.'' I appreciate your support in 
     bringing this legislation before the House of 
     Representatives, and accordingly, understand that the 
     Committee on Ways and Means will not seek a sequential 
     referral of the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration on this bill at 
     this time, the Committee on Ways and Means does not waive any 
     jurisdiction over the subject matter contained in this bill 
     or similar legislation in the future. In addition, should a 
     conference on this bill be necessary, I would support a 
     request by the Committee on Ways and Means for conferees on 
     those provisions within your jurisdiction.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 876, the Aviation Employee 
Screening and Security Enhancement Act for 2017.
  Mr. Speaker, last month, the Transportation Security Administration 
issued a directive prohibiting travelers flying out of 10 airports in 
eight countries from carrying laptops and other large electronic 
devices aboard airplanes. That decision was informed by intelligence 
that ISIS and other terrorist organizations may have developed 
innovative ways to plant explosives in electronic devices that TSA may 
not be able to detect. This swift action highlights the importance of 
TSA's being able to adapt quickly in response to the ever-evolving 
terrorist threat landscape.
  Here, in the United States, we have been fortunate that there has 
never been a case where an airport worker has exploited their position 
to carry out a deadly attack on an airport, but we have seen such 
incidents abroad.
  Accordingly, Congress has given particular attention to the airport 
insider threat risk, and, in the 114th Congress, we enacted measures to 
enhance access controls at airports and improve security vetting for 
airport workers.

                              {time}  1715

  Today, we consider H.R. 876, a bill that seeks to address this risk 
by requiring TSA to carry out a cost and feasibility study of 
incorporating new approaches to bolster access controls to a diverse 
range of airports.
  In an effort to help airports better understand the effectiveness of 
their current airport worker screening systems, the measure also 
directs TSA to increase covert testing of such systems.
  One feature of the bill that I want to highlight is a provision 
targeted at fostering greater vigilance and awareness among airport 
workers regarding the insider threat risk.
  Specifically, it directs TSA to work with airport operators, air 
carriers,

[[Page 5922]]

and unions to develop insider threat security awareness training for 
airport workers within 180 days of enactment of the bill.
  H.R. 876, which was introduced in February and approved by the full 
committee in March, has bipartisan support, including the support of 
Representative Bonnie Watson Coleman, the top-ranking Democrat on the 
Homeland Security Committee's Transportation Security Subcommittee.
  Mr. Speaker, I urge the passage of H.R. 876, and I yield back the 
balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I echo the sentiment of my colleague, Mr. Payne. He is 
spot on in his discussion about the vulnerabilities that have been 
highlighted overseas that can easily come our way if we don't act on 
this bill. I applaud his comments and thank him for those.
  This issue is critical to the safety of traveling Americans. We must 
act today to close every known security gap.
  Mr. Speaker, I urge my colleagues to support the bill, and I yield 
back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I include in the Record the cost estimate 
from the Congressional Budget Office regarding H.R. 876. The cost 
estimate was not available at the time of the filing of the Committee 
report.

                                      Congressional Budget Office,


                                                U.S. Congress,

                                   Washington, DC, April 26, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for H.R. 876, the 
     Aviation Employee Screening and Security Enhancement Act of 
     2017.
       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contact is Megan 
     Carroll.
           Sincerely,
                                             Keith Hall, Director.
       Enclosure.

 H.R. 876--Aviation Employee Screening and Security Enhancement Act of 
                                  2017

  As ordered reported by the House Committee on Homeland Security on 
                             March 8, 2017


                                SUMMARY

       H.R. 876 would direct the Transportation Security 
     Administration (TSA) to pursue a variety of activities aimed 
     at improving aviation security, particularly by enhancing 
     vetting and screening of aviation workers and controlling 
     their access to secure areas of airports. Based on an 
     analysis of information from TSA, CBO estimates that 
     implementing H.R. 876 would cost $41 million over the 2017-
     2022 period, assuming appropriation of the necessary amounts.
       Enacting the bill would not affect direct spending or 
     revenues; therefore, pay-as-you-go procedures do not apply. 
     CBO estimates that enacting H.R. 876 would not increase net 
     direct spending or on-budget deficits in any of the four 
     consecutive 10-year periods beginning in 2028.
       H.R. 876 would impose intergovernmental and private-sector 
     mandates as defined in the Unfunded Mandates Reform Act 
     (UMRA) on airport operators and air carriers. Based on 
     information from the TSA and airport officials, CBO estimates 
     that the total costs of the mandates on public and private 
     entities would fall well below the annual thresholds 
     established in UMRA for intergovernmental and private-sector 
     mandates ($78 million and $156 million in fiscal year 2017, 
     respectively, adjusted annually for inflation).


                ESTIMATED COST TO THE FEDERAL GOVERNMENT

       The estimated budgetary effect of H.R. 876 is shown in the 
     following table. The costs of this legislation fall within 
     budget function 400 (transportation).

----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, in millions of dollars--
                                          ----------------------------------------------------------------------
                                             2017      2018      2019      2020      2021      2022    2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level............         0        15         7         7         7         7         43
Estimated Outlays........................         0        11         8         8         7         7         41
----------------------------------------------------------------------------------------------------------------

                           BASIS OF ESTIMATE

       For this estimate, CBO assumes that the legislation will be 
     enacted near the end of 2017, that the necessary amount will 
     be appropriated each year, and that outlays will follow 
     historical spending patterns.
       H.R. 876 would require TSA to identify, in collaboration 
     with airport operators and the TSA's Aviation Security 
     Advisory Committee (ASAC), advanced technologies--
     particularly biometric identification technologies--for 
     entrances and exits used by employees to access secure areas 
     of airports. Under the bill, TSA could pursue a qualified 
     products list (QPL) of such technologies, which would require 
     several full time staff and ongoing collaborative efforts to 
     develop and implement systems to test the full spectrum of 
     commercially available technologies and recommend products 
     manufactured by specific vendors. Because the bill would not 
     require TSA to develop an official QPL, CBO expects that the 
     agency would fulfill the bill's requirement by identifying 
     broad types or categories of technologies that would serve 
     airports' security needs. That effort would still involve 
     several staff to assess existing and emerging technologies, 
     on an ongoing basis, in collaboration with airport operators 
     and the ASAC. Based on an analysis of information provided by 
     the TSA about the cost of similar efforts, CBO estimates the 
     agency would spend between $4 million and $5 million 
     annually--or $23 million over the 2017-2022 period--to 
     implement this provision.
       CBO estimates that implementing other provisions of H.R. 
     876 would cost $18 million over the 2017-2022 period. That 
     amount includes $2 million annually for increased covert 
     testing of employee screening at certain airports--an 
     increase of roughly 10 percent over existing funding levels. 
     The remaining $8 million would be for a one-time study of 
     measures used to secure entrances and exits used by employees 
     to access the secure areas of airports. That estimate is 
     based on the historical costs of similar efforts.


                      PAY-AS-YOU-GO CONSIDERATIONS

       None.


           INCREASE IN LONG-TERM DIRECT SPENDING AND DEFICITS

       CBO estimates that enacting H.R. 876 would not increase net 
     direct spending or on-budget deficits in any of the four 
     consecutive 10-year periods beginning in 2028.


              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

       H.R. 876 would impose intergovernmental and private-sector 
     mandates as defined in UMRA. The bill would require airport 
     operators and air carriers to provide information to TSA 
     about individuals who have had their security credentials 
     revoked. Additionally, the bill would require airport 
     operators to notify applicants for security credentials about 
     screening procedures and to submit applicants' social 
     security numbers to TSA. Those provisions would impose an 
     intergovernmental mandate on airport operators and a private-
     sector mandate on airport operators and air carriers. Based 
     on information from the TSA and airport officials, CBO 
     expects that affected entities would probably report 
     information to TSA electronically and estimates that the 
     costs to submit that information would be small. In total, 
     CBO estimates that the costs on public and private entities 
     would fall well below the annual thresholds established in 
     UMRA for intergovernmental and private-sector mandates ($78 
     million and $156 million in fiscal year 2017, respectively, 
     adjusted annually for inflation).


                          ESTIMATE PREPARED BY

       Federal Costs: Megan Carroll; Impact on State, Local, and 
     Tribal Governments: Jon Sperl; Impact on the Private Sector: 
     Amy Petz.


                          ESTIMATE APPROVED BY

       H. Samuel Papenfuss, Deputy Assistant Director for Budget 
     Analysis.
  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. 876, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. KATKO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________