[House Report 110-482]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-482

======================================================================
 
DIRECTING THE ASSISTANT SECRETARY OF HOMELAND SECURITY (TRANSPORTATION 
    SECURITY ADMINISTRATION) TO ADDRESS VULNERABILITIES IN AVIATION 
SECURITY BY CARRYING OUT A PILOT PROGRAM TO SCREEN AIRPORT WORKERS WITH 
 ACCESS TO SECURE AND STERILE AREAS OF AIRPORTS, AND FOR OTHER PURPOSES

                                _______
                                

 December 11, 2007.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1413]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 1413) to direct the Assistant Secretary of Homeland 
Security (Transportation Security Administration) to address 
vulnerabilities in aviation security by carrying out a pilot 
program to screen airport workers with access to secure and 
sterile areas of airports, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Advisory Committee Statement.....................................     7
Constitutional Authority Statement...............................     8
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............     9
Additional Views.................................................    10
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. ENHANCED PERIMETER SECURITY AND ACCESS CONTROL THROUGH 
                    COMPREHENSIVE SCREENING OF AIRPORT WORKERS.

  (a) Pilot Program.--Not later than 120 days after the date of the 
enactment of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall carry out a pilot 
program at 7 service airports to screen all individuals with unescorted 
access to secure and sterile areas of the airport in accordance with 
section 44903(h) of title 49, United States Code.
  (b) Participating Airports.--At least 2 of the airports participating 
in the pilot program shall be large hub airports (as defined in section 
40102 of title 49, United States Code). At least 1 of the airports 
participating in the pilot program shall be a category III airport. 
Each of the remaining airports participating in the pilot program shall 
represent a different airport security risk category (as defined by the 
Assistant Secretary).
  (c) Screening Standards.--
          (1) In general.--Except as provided under paragraphs (2) and 
        (3), screening for individuals with unescorted access under the 
        pilot program shall be conducted under the same standards as 
        apply to passengers at airport security screening checkpoints 
        and, at a minimum of 1 airport, shall be carried out by a 
        private screening company that meets the standards in 
        accordance with section 44920(d) of title 49, United States 
        Code. That airport shall be an airport that uses such a private 
        screening company to carry out passenger screenings as of the 
        date of the enactment of this Act.
          (2) Designated screening lane.--In addition to the 
        requirements under paragraph (1), each airport participating in 
        the pilot program shall designate at least one screening lane 
        at each airport security screening checkpoint to be used to 
        screen individuals with unescorted access on a priority basis 
        under the pilot program. Such lane may also be used to screen 
        passengers.
          (3) Alternative means of screening.--At 1 of the 7 airports 
        participating in the pilot program, the Assistant Secretary 
        shall deploy, instead of the screening standards required under 
        paragraphs (1) and (2), alternative means of screening all 
        individuals with unescorted access to secure and sterile areas 
        of the airport. Alternative means of screening may include--
                  (A) biometric technology for airport access control;
                  (B) behavior recognition programs;
                  (C) canines to screen individuals with unescorted 
                access to secure and sterile areas of the airport;
                  (D) targeted physical inspections of such 
                individuals;
                  (E) video cameras; and
                  (F) increased vetting, training, and awareness 
                programs for such individuals.
  (d) Vulnerability Assessments.--As part of the pilot program under 
this section, the Assistant Secretary shall conduct a vulnerability 
assessment of each airport participating in the pilot program. Each 
such assessment shall include an assessment of vulnerabilities relating 
to access badge and uniform controls.
  (e) Technology Assessments.--Airport operators at each airport at 
which the pilot program under this section is implemented shall conduct 
an assessment of the screening technology being used at that airport 
and submit the results of the assessment to the Assistant Secretary. 
The Assistant Secretary shall compile the results of all the 
assessments and provide them to each airport participating in the pilot 
program.
  (f) Operational Assessments.--As part of the pilot program under this 
section, the Assistant Secretary shall conduct an operational 
assessment at each airport participating in the pilot program. Each 
such assessment shall include an evaluation of--
          (1) the effect on security of any increase in terminal 
        congestion created as a result of screening individuals with 
        unescorted access under the pilot program;
          (2) the average wait times at screening checkpoints for 
        passengers and individuals with unescorted access;
          (3) any additional personnel required to screen individuals 
        with unescorted access;
          (4) the effect of screening individuals with unescorted 
        access on other security-related activities at the airport;
          (5) any lost productivity of individuals with unescorted 
        access associated with airport participation in the pilot 
        program; and
          (6) the rate at which ``prohibited items'' are detected and 
        confiscated from individuals with unescorted access.
  (g) Duration.--The pilot program shall be carried out for a period of 
not less than 180 days.
  (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
  (i) Report.--
          (1) In general.--Not later than 90 days after the last day of 
        the pilot program, the Assistant 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 pilot program.
          (2) Contents of report.--The report shall include the 
        following:
                  (A) An assessment of the effect of screening all 
                airport workers with access to secure and sterile 
                airport areas on screening and logistical resources.
                  (B) An assessment of the security improvements that 
                are achieved from screening such workers.
                  (C) An assessment of the costs of screening such 
                workers.
                  (D) The results of the vulnerability assessments 
                conducted under subsection (d).
                  (E) An estimate of the infrastructure and personnel 
                requirements necessary to implement a screening program 
                for individuals with unescorted access at all 
                commercial service airports in the United States in 
                order to process each such individual and each 
                passenger through each screening checkpoint in fewer 
                than 10 minutes.

  Amend the title so as to read:

    A bill to direct the Assistant Secretary of Homeland 
Security (Transportation Security Administration) to address 
vulnerabilities in aviation security by carrying out a pilot 
program to screen airport workers with access to secure and 
sterile areas of airports, and for other purposes.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 1413 is to direct the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration) to address vulnerabilities in aviation security 
by carrying out a pilot program to screen individuals with 
unrestricted access to secure and sterile areas of airports, 
and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Committee believes that unfettered employee access in 
airport terminals is a security gap in aviation that must be 
addressed, as in the November 2003, 25 people, mostly current 
or former employees at John F. Kennedy (JFK) International 
Airport, were arrested for operating a long-running drug 
smuggling operation. Another instance occurred in March 2007 at 
Orlando International Airport, where a Comair employee was 
arrested at Orlando International for smuggling weapons and 
drugs aboard a flight to San Juan, Puerto Rico. Then, at JFK in 
October 2007 employees were caught smuggling drugs through the 
airport. The Committee believes that the actions taken by H.R. 
1413 are long overdue and that this legislation is a reasonable 
step toward ensuring better security for the Nation's airports, 
airplanes, and travelers. The Committee emphasizes that a 
breach in airport security could have devastating consequences 
and that, without more rigorous efforts to screen airport 
employees, these gaps could be repeatedly exploited for the 
purposes of carrying out criminal, or even terrorist, acts.

                                HEARINGS

    On February 6, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Update on Federal Rail and Public Transportation Security 
Efforts.'' The Subcommittee received testimony from the 
Honorable Kip Hawley, Assistant Secretary, Transportation 
Security Administration, Department of Homeland Security, Mr. 
Terry Rosapep, Deputy Associate Administrator, Program 
Management, Federal Transit Administration, Department of 
Transportation, Mr. Michael Haley, Deputy Chief Counsel, 
Federal Railroad Administration, Department of Transportation, 
and Ms. Cathleen A. Berrick, Director, Homeland Security and 
Justice Issues, U.S. Government Accountability Office.
    On February 13, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Rail and Mass Transit Security: Industry and Labor 
Perspectives.'' The Subcommittee received testimony from Mr. 
Fred Weiderhold, Inspector General, Amtrak, Ms. Nancy Wilson, 
Vice President for Security, Association of American Railroads, 
Mr. Lewis G. Schiliro, Director of Interagency Preparedness, 
Metropolitan Transportation Authority, State of New York, Mr. 
Gary Maslanka, International Vice President, Director of 
Railroad Division, Transport Workers Union, and Mr. John 
Murphy, Director, Teamster Rail Conference, International 
Brotherhood of Teamsters.
    On April 19, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Airport Security: The Necessary Improvements to Secure 
America's Airports.'' The Subcommittee received testimony from 
Hon. Kip Hawley, Assistant Secretary, Transportation Security 
Administration, Department of Homeland Security; Ms. Lauren 
Stover, Assistant Aviation Director for Security and 
Communications, Miami-Dade Aviation Department; Mr. Greg 
Principato, President, Airports Council International--North 
America; and Mr. William E. Holden, Senior Vice President of 
Operations, Covenant Homeland Security Solutions.

                        COMMITTEE CONSIDERATION

    H.R. 1413 was introduced by Mrs. Lowey and five original 
cosponsors on March 8, 2007, and referred solely to the 
Committee on Homeland Security. Within the Committee on 
Homeland Security, H.R. 1413 was referred to the Subcommittee 
on Transportation Security and Infrastructure Protection.
    On April 24, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection met in open markup 
session and ordered H.R. 1414 to be forwarded to the Full 
Committee for consideration, as amended, by unanimous consent.
    On August 1, 2007, the Full Committee met in open markup 
session and ordered H.R. 1413 favorably reported to the House 
of Representatives, amended, by voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto.
    On April 24, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection met in open markup 
session and ordered H.R. 1414 to be forwarded to the Full 
Committee for consideration, as amended, by unanimous consent.
    The following amendment was offered:
    An amendment offered by Ms. Jackson-Lee (#1); on Page 2, 
line 7, after ``at'' strike ``5 service airports to screen all 
airport workers with access'' and insert ``7 service airports 
to screen all individuals with unescorted access''. Page 2, 
line 10, after ``Code.'' insert ``At one of the seven airports, 
the Assistant Secretary shall deploy, instead of the screening 
standards under subsection (c), alternative means of screening 
all individuals with unescorted access to secure and sterile 
areas of the airport. Alternative means of screening includes: 
(1) biometric technology for airport access control; (2) 
behavior recognition programs; (3) canines to screen airport 
workers; (4) targeted physical inspections of employees; (5) 
video cameras; and (6) increased employee vetting, training, 
and awareness programs.''. Page 2, line 14, before ``Each'' 
insert ``At least 1 of the airports participating in the pilot 
program shall be a category III airport.''. Page 2, line 20 
after ``screening for'' delete ``airport workers'' and replace 
with ``individuals with unescorted access''. Page 2, line 23 
after ``minimum of'' delete ``2 airports'' and replace with ``1 
airport''. Page 2, line 24 delete ``private screening companies 
that meet'' and replace with ``a private screening company that 
meets''. Page 2, line 26 after ``Code.'' insert ``That airport 
shall be an airport that uses such a private screening company 
to carry out passenger screenings as of the date of the 
enactment of this Act.''. Page 3, line 5, strike ``exclusively 
to screen airport workers under the pilot program.'' and 
replace with ``screen individuals with unescorted access on a 
priority basis under the pilot program. Such lane may also be 
used to screen passengers.''. Page 3, line 20, insert ``(f) 
OPERATIONAL ASSESSMENTS.--As part of the pilot program under 
this section, the Assistant Secretary shall conduct an 
operational assessment at each airport participating in the 
pilot program. Each such assessment shall include an evaluation 
of--(1) the effect on security of any increase in terminal 
congestion created as a result of screening individuals with 
unescorted access under the pilot program; (2) the average wait 
times at screening checkpoints for passengers and individuals 
with unescorted access; (3) any additional personnel required 
to screen individuals with unescorted access; (4) the effect of 
screening individuals with unescorted access on other security-
related activities at the airport; (5) any lost productivity of 
individuals with unescorted access associated with airport 
participation in the pilot program; and (6) the rate at which 
``prohibited items'' are detected and confiscated from 
individuals with unescorted access.'' Page 3, line 21, 
redesignate subsections (f) through (h) as subsections (g) 
through (i), respectively. Page 4, line 21, after ``conducted 
under subsection (d).'' insert ``(E) An estimate of the 
infrastructure and personnel requirements necessary to 
implement a screening program for individuals with unescorted 
access at all commercial service airports in the United States 
in order to process each passenger or employee through each 
screening checkpoint in fewer than 10 minutes.''; and to amend 
the title so as to read: ``To direct the Assistant Secretary of 
Homeland Security (Transportation Security Administration) to 
address vulnerabilities in aviation security by carrying out a 
pilot program to screen individuals with unrestricted access to 
secure and sterile areas of airports, and for other 
purposes.''.; was AGREED TO by voice vote.
    On August 1, 2007, the Full Committee met in open markup 
session and ordered H.R. 1413 favorably reported to the House 
of Representatives, amended, by voice vote.
    The following amendments were offered:
    The Committee considered a Committee Print showing the text 
of H.R. 1413 as agreed to by the Subcommittee. The title of the 
Committee Print was amended so as to read ``to direct the 
Assistant Secretary of Homeland Security (Transportation 
Security Administration) to address vulnerabilities in aviation 
security by carrying out a pilot program to screen airport 
workers with access to secure and sterile areas of airports, 
and for other purposes.''
    The Committee adopted the bill, as amended, by voice vote.
    The following amendments were offered:
    An amendment offered by Mr. Dent (#1), to insert a new 
subsection (g) entitled ``(g) Suspension'' was WITHDRAWN by 
unanimous consent.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1413, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 5, 2007.
Hon. Bennie G. Thompson,
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. 1413, a bill to 
direct the Assistant Secretary of Homeland Security 
(Transportation Security Administration) to address 
vulnerabilities in aviation security by carrying out a pilot 
program to screen airport workers with access to secure and 
sterile areas of airports.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.

H.R. 1413--A bill to direct the Assistant Secretary of Homeland 
        Security (Transportation Security Administration) to address 
        vulnerabilities in aviation security by carrying out a pilot 
        program to screen airport workers with access to secure and 
        sterile areas of airports

    H.R. 1413 would direct the Assistant Secretary of Homeland 
Security, through the Transportation Security Administration 
(TSA), to test and evaluate alternative means of screening 
certain individuals employed at airports. Under the bill, TSA 
would establish pilot projects at seven airports to screen all 
individuals with unescorted access to secure areas of airports 
and areas where access is controlled by TSA (known as sterile 
areas). The legislation would require the agency to initiate 
those projects within 120 days of enactment, operate them for 
at least 180 days, and, after ending the projects, report on 
their results within 90 days.
    Based on information from TSA on the cost of similar 
activities to develop and test screening systems, CBO estimates 
that implementing H.R. 1413 would cost $10 million over the 
2008-2009 period, assuming appropriation of the necessary 
amounts. Enacting H.R. 1413 would not affect direct spending or 
revenues. H.R. 1413 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 1413, contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    H.R. 1413 establishes a pilot project and requires a report 
to the Congress 270 days after the creation of the pilot 
project.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Comprehensive screening of airport workers

    This section establishes pilot program at seven airports to 
screen all individuals with access to secure areas. It also 
dictates that, of the seven airports, at least two must be 
large hub airports. One must be a category III airport, and one 
airport shall deploy alternative means of screening all 
individuals with unescorted access to secure and sterile areas 
of the airport. Within the scope of this provision, alternative 
means of screening may include biometric technology for airport 
access control; behavior recognition programs; canines to 
screen airport workers; targeted physical inspections of 
employees; video cameras; and increased employee vetting, 
training, and awareness programs. Under this section, the 
remaining airports shall represent a different security risk as 
defined by the Assistant Secretary, Transportation Security 
Administration, Department of Homeland Security (Assistant 
Secretary).
    In addition, the Committee believes that when implementing 
this section the Assistant Secretary should consult with the 
airport operator, the appropriate air carriers, airport and 
airline employee organizations and their representatives for 
each airport under consideration as a site for the pilot 
program. The effectiveness of the pilot program will be 
enhanced by such consultation and will help to assure that the 
pilot program at each participating airport is tailored to the 
unique infrastructure and physical configuration of that 
airport. Even, in some instances, conducting screening away 
from the passenger checkpoint.
    The Committee encourages the use of the same equipment and 
protocols as those established for passengers at security 
checkpoints. However, the Committee intends for the pilot 
program to allow individuals with unescorted access to carry 
necessary items that would otherwise be prohibited under 
guidelines established by the Assistant Secretary for passenger 
screening.
    The pilot program requires at least one of the airports to 
be an airport that uses a private screening company instead of 
Transportation Security Officers to screen passengers. 
Additionally, all airports must designate at least one separate 
screening lane for workers, although this provision allows such 
designated screening lane to be used for passenger screening as 
well.
    This section requires the Assistant Secretary to conduct 
vulnerability (including access badge and uniform controls) and 
operational assessments for pilot airports. It requires airport 
operators to conduct assessments of screening technology and 
submit those assessments to the Assistant Secretary, and the 
Assistant Secretary shall submit a report within 90 days of 
implementation to the Committee on Homeland Security of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate detailing the status 
of the program, including program costs and effects, and the 
status of the vulnerability assessments.
    The Committee notes that a Government Accountability Office 
estimate of more than one million airport workers, including 
cabin cleaners, maintenance crews, and caterers, are permitted 
to bypass metal detectors or other physical screening before 
accessing secure areas. The Committee believes that this 
security gap has been exploited too many times by workers in 
the past, as in the November 2003 case where 25 people, mostly 
current or former employees at John F. Kennedy International 
Airport, were arrested for operating a long-running drug 
smuggling operation. Another instance occurred in March 2007 at 
Orlando International Airport, where a Comair employee was 
arrested at Orlando International for smuggling weapons and 
drugs aboard a flight to San Juan, Puerto Rico. The Committee 
believes that the actions taken by H.R. 1413 are long overdue 
and that this legislation is a reasonable step toward ensuring 
better security for the Nation's airports, airplanes, and 
travelers. The Committee emphasizes that a breach in airport 
security could have devastating consequences and that, without 
more rigorous efforts to screen airport employees, these gaps 
could be repeatedly exploited for the purposes of carrying out 
criminal, or even terrorist, acts.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported. H.R. 1413 makes no changes to existing 
law.

                            ADDITIONAL VIEWS

    H.R. 1413 seeks to enhance aviation security through 
screening employees with access to secure and sterile areas of 
airports. This legislation requires the Transportation Security 
Administration (TSA) to conduct a pilot program at seven 
airports to screen individuals with access to secure and 
sterile areas. Six participating airports must screen 100 
percent of airport workers using passenger screening standards.
    While I support efforts to improve security in Security 
Identification Display Areas (SIDA) of airports, I question the 
merits of requiring airport employees with access to secure 
areas to be screened under the same standards as passengers. 
Unlike passengers, many airport employees must move from the 
unsecured area of the airport to the SIDA area several times a 
day. Also, unlike passengers, employees are subject to 
background checks and other security-related reviews.
    Should airport workers want to cause damage within a SIDA, 
many potential tools of destruction are at their disposal 
within the secure area. During Subcommittee consideration of 
H.R. 1413, I introduced an amendment that directs the TSA to 
select a seventh participating airport to evaluate alternative, 
and potentially more effective, screening techniques developed 
in coordination with the TSA. I believe this change will allow 
the TSA to assess and compare options for screening--but regret 
that the main focus of the bill's other six pilots remains 
fixated on the 100 percent screening of employees using 
passenger standards. As currently drafted, H.R. 1413 
inappropriately stacks the deck in favor of one security 
measure, rather than promoting a balanced review of all 
available strategies. I believe that an effective pilot would 
grant TSA greater discretion for testing alternative forms of 
screening, rather than emphasize 100 percent screening.
    The cost of this pilot program is another concern which the 
Committee failed to adequately address. I am aware of two 
projected cost estimates for the pilot which vary 
substantially. The Congressional Budget Office (CBO) recently 
estimated that implementing H.R. 1413 would cost $10 million 
over the 2008-2009 period. However, the United States 
Commercial Aviation Partnership (USCAP) projects the cost of 
this temporary, 6-month pilot at between $116 and $275 million. 
The House-passed Department of Homeland Security Appropriations 
Act for Fiscal Year 2008, H.R. 2638, would provide only $5 
million for a pilot to screen airport workers, but does not 
mandate 100 percent screening. Similarly, the Senate-passed 
bill, S. 1644, would provide $15 million for ``various 
methods'' to evaluate screening of airport employees, but also 
does not mandate 100 percent screening for such pilots. 
Accordingly, there could be great disparity between the 
estimated costs and the amount of federal funding made 
available for the airport employee screening pilot described in 
H.R. 1413.
    Currently, airports provide a physical plan to enable 
screening, while the TSA provides the security equipment and 
the screening staff. H.R. 1413 does not address how such 
responsibilities will be divided under the pilot program. If 
TSA receives a 100 percent screening mandate without adequate 
funding from appropriations, TSA will be forced to shift 
Transportation Security Officers away from passenger screening 
lanes in order to staff the pilots. This could result in longer 
passenger wait times and discourage air travel. On the other 
hand, forcing airports or airlines to pay the costs of the 
temporary pilot program would drive up costs, increase prices 
and perhaps also lower demand, with no clear long-term security 
benefit to the airport.
    H.R. 1413's requirements can have significant consequences 
to the normal operations of the airport. At least one Category 
III airport will be involved, and such airports have 
substantially dissimilar traffic patterns and different 
security threats than larger airports. Requiring 100 percent 
screening at a smaller airport could quickly prove that it 
requires higher financial costs or TSA resources that far 
outpace the threat of terrorism at that facility. Such a result 
would discount a crucial 9/11 Commission recommendation that 
finite resources be expended on the basis of risk.
    While I support the underlying goals of this legislation, I 
have lingering reservations about the scope and cost of the 
security mandates imposed, and the current lack of funding. 
Accordingly, I believe that further modifications to the bill 
may be necessary.

                                                 Daniel E. Lungren.

                                  
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