[House Report 110-688]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-688

======================================================================



 
      BIOMETRIC ENHANCEMENT FOR AIRPORT-RISK REDUCTION ACT OF 2008

                                _______
                                

  June 5, 2008.--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

                        [To accompany H.R. 5982]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 5982) to direct the Secretary of Homeland Security, 
for purposes of transportation security, to conduct a study on 
how airports can transition to uniform, standards-based, and 
interoperable biometric identifier systems for airport workers 
with unescorted access to secure or sterile areas of an 
airport, and for other purposes, having considered the same, 
report favorably thereon with an amendment 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..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Advisory Committee Statement.....................................     7
Constitutional Authority Statement...............................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Biometric Enhancement for Airport-Risk 
Reduction Act of 2008''.

SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) Biometric identifier system.--The term ``biometric 
        identifier system'' means a system that uses biometric 
        identifier information to match individuals and confirm 
        identity for transportation security and other purposes.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Homeland Security acting through the Assistant Secretary of 
        Homeland Security (Transportation Security Administration).

SEC. 3. BIOMETRIC IDENTIFIER SYSTEMS.

  (a) Study.--
          (1) In general.--The Secretary, in consultation with the 
        working group of industry stakeholders to be established under 
        subsection (c), shall conduct a study on how airports can 
        transition to uniform, standards-based, and interoperable 
        biometric identifier systems for airport workers with 
        unescorted access to secure or sterile areas of an airport.
          (2) Purpose.--The purpose of the study shall be to enhance 
        transportation security against a potential act of terrorism by 
        an airport worker who is allowed unescorted access to secure or 
        sterile areas of an airport.
          (3) Risk-based analysis.--In conducting the study, the 
        Secretary shall conduct a risk-based analysis of selected 
        Category X and I airports and other airports, as the Secretary 
        determines appropriate, to identify where the implementation of 
        biometric identifier systems could benefit airports.
          (4) Considerations.--In conducting the study, the Secretary 
        shall consider the following:
                  (A) Parallel systems.--Existing parallel biometric 
                security systems applicable to workers with unescorted 
                access to critical infrastructure, including--
                          (i) transportation security cards issued 
                        under section 70105 of title 46, United States 
                        Code;
                          (ii) armed law enforcement travel credentials 
                        issued under section 44903(h)(6) of title 49, 
                        United States Code; and
                          (iii) other credential programs used by the 
                        Federal Government, as the Secretary considers 
                        appropriate.
                  (B) Efforts by transportation security 
                administration.--Any biometric programs or proposals 
                developed by the Assistant Secretary of Homeland 
                Security (Transportation Security Administration).
                  (C) Infrastructure and technical requirements.--The 
                architecture, modules, interfaces, and transmission of 
                data needed to address risks associated with securing 
                airports by providing interoperable biometric security 
                measures and credentials for airport workers with 
                unescorted access to secure and sterile areas of an 
                airport.
                  (D) Existing airport systems.--Biometric 
                infrastructure and systems in use in secure and sterile 
                areas of airports.
                  (E) Incentives.--Possible incentives for airports 
                that voluntarily seek to implement uniform, standards-
                based, and interoperable biometric identifier systems.
                  (F) Associated costs.--The costs of implementing 
                uniform, standards-based, and interoperable biometric 
                identifier systems at airports, including--
                          (i) the costs to airport operators, airport 
                        workers, air carriers, and other aviation 
                        industry stakeholders; and
                          (ii) the costs associated with ongoing 
                        operations and maintenance and modifications 
                        and enhancements needed to support changes in 
                        physical and electronic infrastructure.
                  (G) GAO recommendations.--Any recommendations or 
                findings developed by the Government Accountability 
                Office relating to implementing biometric security for 
                airport workers with unescorted access to secure and 
                sterile areas of airports.
                  (H) Information from other sources.--Recommendations, 
                guidance, and information from other sources, including 
                government entities, organizations representing airport 
                workers, and private individuals and organizations.
          (5) Report.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate a report on the results of the study conducted under 
        this subsection.
  (b) Best Practices.--
          (1) Identification of best practices.--The Secretary, in 
        consultation with the working group of aviation industry 
        stakeholders to be established under subsection (c), shall 
        identify best practices for the administration of biometric 
        credentials at airports, including best practices for each of 
        the following processes:
                  (A) Registration and enrollment.
                  (B) Eligibility vetting and risk assessment.
                  (C) Issuance.
                  (D) Verification and use.
                  (E) Expiration and revocation.
                  (F) Development of a cost structure for acquisition 
                of biometric credentials.
                  (G) Development of redress processes for workers.
          (2) Report.--Not later than one year after the date of 
        enactment of this Act, the Secretary shall--
                  (A) submit to the Committee on Homeland Security of 
                the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate a 
                report that outlines the best practices identified 
                under paragraph (1); and
                  (B) make the report available to airport operators.
  (c) Aviation and Airport Security Working Group.--
          (1) In general.--The Secretary shall convene a working group 
        to assist the Secretary with issues pertaining to implementing 
        and carrying out this section.
          (2) Membership.--The Secretary shall ensure that the 
        membership of the working group includes aviation industry 
        stakeholders and specifically includes individuals selected 
        from among--
                  (A) the membership of the Transportation Security 
                Administration's Aviation Security Advisory Committee;
                  (B) individuals and organizations representing 
                airports;
                  (C) individuals and organizations representing 
                airport workers, including those airport workers with 
                unescorted access to secure and sterile areas of 
                airports;
                  (D) individuals and organizations representing the 
                biometric technology sector; and
                  (E) any other individuals and organizations that the 
                Secretary considers appropriate.
          (3) Nonapplicability of faca.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) shall not apply to working group 
        established under this subsection.
          (4) Sunset.--The working group established under this 
        subsection shall cease operations 30 days after the date of 
        submission of the report under subsection (a)(5) or 30 days 
        after the date of submission of the report under subsection 
        (b)(2), whichever is later.

                          Purpose and Summary

    The purpose of H.R. 5982 is to direct the Secretary of 
Homeland Security, for purposes of transportation security, to 
conduct a study on how airports can transition to uniform, 
standards-based, and interoperable biometric identifier systems 
for airport workers with unescorted access to secure or sterile 
areas of an airport, and for other purposes.

                  Background and Need for Legislation

    The ``Biometric Enhancement for Airport-Risk Reduction 
Act'' is needed to address the repeated concerns with airport 
security, especially as it relates to workers with unescorted 
access to secure and sterile areas of airports. In November 
2007, an investigation at Chicago O'Hare Airport resulted in 
over a hundred people, mostly airport workers, being sought for 
using falsified airport identification credentials. An 
investigation found that the Chicago Department of Aviation 
failed to monitor its ``badging'' program, and did not properly 
dispose of Personally Identifiable Information, such as Social 
Security Numbers and birthdates. This led to false credentials 
being issued, including to some airport workers.
    Shortly after the Chicago incident, there was a growing 
international trend to use, where possible, biometric 
identifying credentials for airport workers. In January 2008 in 
the United Kingdom, the Manchester Airport implemented what it 
claims was the United Kingdom's first biometric access control 
systems for workers to access secure areas of the airport. In 
May 2008, the Canadian Air Transport Security Authority awarded 
a contract for the production of biometric based credentials 
for airport workers at its 29 airports nationwide. As a result 
of these incidents and in response to requests made to the 
Committee by various industry stakeholders, including airport 
owners and operators, transportation workers and their 
representatives, labor unions, and the Department of Homeland 
Security, H.R. 5982 was introduced to begin the process of 
developing a plan for how airports can, if they elect to, 
migrate to a biometric credential system for workers with 
unescorted access to secure and sterile areas of the airports. 
This bill does not create a biometric credential mandate on 
airports and it does not alter or in any way change the ongoing 
efforts to implement the Transportation Worker Identification 
Credential (TWIC) program.

                                Hearings

    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. Edmund ``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.
    On July 31, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Managing Risk and Increasing Efficiency: An Examination of 
the Implementation of the Registered Traveler Program.'' The 
Subcommittee received testimony from Hon. Edmund ``Kip'' 
Hawley, Assistant Secretary, Transportation Security 
Administration, Department of Homeland Security; Mr. Tom 
Conaway, Managing Partner, Homeland Security, Unisys 
Corporation; Mr. Steven Brill, Chairman and Chief Executive 
Officer, CLEAR Verified Identity Pass, Inc.; and Mr. Bill 
Connors, Executive Director and COO, National Business Travel 
Association.
    On October 16, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Aviation Security: Are We Truly Protected?'' The Subcommittee 
received testimony from Ms. Cathleen A. Berrick, Director, 
Homeland Security and Justice Issues, Government Accountability 
Office; Hon. Edmund ``Kip'' Hawley, Assistant Secretary, 
Transportation Security Administration, Department of Homeland 
Security; and Mr. Franklin Hatfield, Director, System 
Operations Security Office, Federal Aviation Administration.
    On October 31, 2007, the full Committee held a hearing 
entitled ``Homeland Security Failures: TWIC Examined.'' The 
Subcommittee received testimony from Hon. Edmund ``Kip'' 
Hawley, Administrator, Transportation Security Administration, 
Department of Homeland Security; Admiral Brian Salerno, 
Director, Inspection and Compliance, U.S. Coast Guard, 
Department of Homeland Security; and Ms. Cathleen A. Berrick, 
Director, Homeland Security and Justice, Government 
Accountability Office.
    On November 1, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Aviation Security Part II: A Frontline Perspective on the 
Need for Enhanced Human Resources and Equipment.'' The 
Subcommittee received testimony from Mr. John Gage, National 
President, American Federation of Government Employees, AFL-
CIO; Ms. Patricia A. Friend, International President, 
Association of Flight Attendants--CWA, AFL-CIO; and Mr. Robert 
Hesselbein, Chairman, National Security Committee, Airline 
Pilots Association, International.
    On April 15, 2008, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Moving Beyond the First Five Years: How the Transportation 
Security Administration Will Continue to Enhance Security for 
All Modes of Transportation.'' The Subcommittee received 
testimony from Hon. Edmund ``Kip'' Hawley, Assistant Secretary, 
Transportation Security Administration, Department of Homeland 
Security; Ms. Cathleen A. Berrick, Director, Homeland Security 
and Justice, Government Accountability Office; Mr. Clark Kent 
Ervin, Director, Homeland Security Initiative, Aspen Institute; 
Mr. C. Stewart Verdery, Jr., Partner, Monument Policy Group, 
LLC.

                        Committee Consideration

    H.R. 5982 was introduced in the House on May 7, 2008, by 
Mr. Thompson of Mississippi and Ms. Jackson-Lee of Texas.  H.R. 
5982 was referred solely to the Committee on Homeland Security.
    The Committee on Homeland Security considered H.R. 5982 on 
May 20, 2008, and ordered the measure reported to the House 
with a favorable recommendation, as amended, by unanimous 
consent.
    The following amendment was offered:
    An Amendment in the Nature of a Substitute offered by Mr. 
Thompson (#1); was AGREED TO by unanimous consent.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during Committee 
consideration.

                      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. 
5982, the Biometric Enhancement for Airport-Risk Reduction Act 
of 2008, 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.

                                                      June 3, 2008.
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. 5982, the 
Biometric Enhancement for Airport-Risk Reduction Act of 2008.
    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.
    Enclosure.

H.R. 5982--Biometric Enhancement for Airport-Risk Reduction Act of 2008

    H.R. 5982 would require the Department of Homeland Security 
(DHS) to establish a working group to study and identify best 
practices for using biometric identification systems to screen 
airport employees with access to secure areas of airports. 
Based on information from DHS and assuming appropriation of the 
necessary funds, CBO estimates that implementing the bill would 
cost $1 million in 2009 and $250,000 annually thereafter. That 
estimate includes one-time costs of preparing the proposed 
study and ongoing costs to operate the working group. Enacting 
H.R. 5982 would not affect direct spending or revenues.
    H.R. 5982 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of 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. 5982 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The Biometric Enhancement for Airport-Risk Reduction Act 
requires the Transportation Security Administration (TSA) to 
provide Congress and airport operators and all other interested 
stakeholders with a strategic document, which outlines specific 
deadlines and program descriptions, and best practices for 
utilizing biometrics to better protect airports. This bill 
seeks to further develop ongoing biometric programs that can 
enhance protections against terrorism and other threats to 
critical infrastructure. Specifically, H.R. 5982 requires TSA 
to study and provide a report within 270 days detailing how 
airports can transition to uniform, standards-based and 
interoperable biometric identifier systems for airport workers 
with unescorted access to secure and sterile areas of the 
airport. Additionally, H.R. 5982 requires TSA and a newly 
established working group to examine existing programs, such as 
the Transportation Worker Identification Credential, and 
identify approaches on how biometrics can enhance protections 
for secure and sterile areas of the airport. The reports 
mandated by this bill should be completed in a comprehensive 
manner that considers all existing biometric programs and 
proposed programs that can be used to enhance protection for 
secure and sterile areas of the airport.

   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 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. Short title

    This Act may be cited as the ``The Biometric Enhancement 
for Airport Risk-Reduction Act of 2008''.

Section 2. Definitions

    This section defines terms used in this measure: 
``biometric identifier system'' as a system that uses biometric 
identifier information to match individuals and confirm 
identity for transportation security and other purposes; and 
``Secretary'' to mean the Secretary of Homeland Security acting 
through the Assistant Secretary of Homeland Security for the 
Transportation Security Administration.

Section 3. Biometric identifier systems

    This section requires the Secretary, in consultation with a 
working group created under the measure, to issue a study, 
within 270 days of enactment, on how airports can transition to 
uniform, standards-based and interoperable biometric identifier 
systems for airport workers with unescorted access to secure or 
sterile areas of an airport to enhance airport transportation 
security.
    A required component of this study is a risk-based analysis 
of selected Category X and 1 airports and other airports to 
identify where biometrics could enhance transportation 
security. Among the required considerations for the risk-based 
study are existing parallel biometric security systems at the 
Department such as, but not limited to, Transportation Worker 
Identification Credential (TWIC), Law Enforcement Officer 
Credentialing, and other programs used by the Federal 
Government that the Secretary considers appropriate. The study 
shall also consider any biometric programs or policies in 
development by TSA, possible incentives to promote greater 
deployment of biometric systems in the airport environment, any 
Government Accountability Office recommendations and any other 
relevant information.
    Additionally, the Secretary is required to issue a report, 
no later than a year after enactment, which identifies best 
practices for the administration of biometric credentials at 
airports. The report shall include best practices in each of 
the following areas: Registration and enrollment; eligibility 
and vetting and risk assessment; issuance; verification and 
use; expiration and revocation; development of a cost structure 
for acquisition of biometric credentials; and development of 
redress processes for workers. These materials should provide 
airport operators with clear, cost effective, and feasible 
guidelines that can be adopted across airports.
    To execute the requirements of this measure, this section 
directs the Secretary of Homeland Security to convene a working 
group. The membership for the working group should include but 
is not limited to, members of the TSA's Aviation Security 
Advisory Committee; individuals and organizations representing 
airports; individuals and organizations representing airport 
workers; organizations representing airport workers with 
unescorted access to secure and sterile areas of airports and 
individuals and organizations representing the biometric 
technology sector.
    The Committee recognizes the important contribution airline 
employees and airport workers, including employees of airport 
and hospitality services, play in our aviation system. This 
measure is intended to advance existing security efforts that 
protect airport workers, the flying public and our aviation 
system.
    The Committee, after meeting with the Transportation 
Security Administration and biometric industry stakeholders, 
has identified several steps taken by the Transportation 
Security Administration to evaluate and integrate biometric 
identifier system technologies at airports. In an effort to 
mitigate any duplicative guidance or directives and enhance 
communication between Congress and the Transportation Security 
Administration, the Committee believes the report developed in 
this bill will serve as a thorough blueprint of the 
Department's strategy as it pertains to biometric technologies 
and their current uses at airports as well as potential 
security applications for worker identification and 
verification systems.
    Although the TWIC program continues to be evolving as a 
program at the Department, there appears to be enough data to 
incorporate into an analysis of how such technology can be 
integrated at airports and across the airport worker community. 
In addition, the Committee believes that the materials 
developed under this measure should be used as a guide for 
individual airports considering how to transition to a 
successful biometric identifier system at their airports. The 
bill does not mandate the use of biometric identifier systems, 
it only requires an informed study of its potential. The 
Committee further believes the materials developed can assist 
the Department of Homeland Security in developing a strategy 
for biometric technologies and assessing their current uses at 
airports as well as potential security applications for worker 
identification and verification systems.