[House Report 112-271]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-271

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



 
   RISK-BASED SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES ACT

                                _______
                                

November 4, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1801]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1801) to amend title 49, United States Code, to 
provide for expedited security screenings for members of the 
Armed Forces, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

    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 ``Risk-Based Security Screening for 
Members of the Armed Forces Act''.

SEC. 2. SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES.

  (a) In General.--Section 44903 of title 49, United States Code, is 
amended by adding at the end the following:
  ``(m) Security Screening for Members of the Armed Forces.--
          ``(1) In general.--The Assistant Secretary shall develop and 
        implement a plan to provide expedited security screening 
        services for a member of the Armed Forces, and any accompanying 
        family member, when the member of the Armed Forces presents 
        documentation indicating official orders while in uniform 
        through a primary airport (as defined by section 47102 of this 
        title).
          ``(2) Protocols.--In developing the plan, the Assistant 
        Secretary shall consider--
                  ``(A) leveraging existing security screening models 
                used by airports and air carriers to reduce passenger 
                wait times before entering a security screening 
                checkpoint;
                  ``(B) establishing standard guidelines for the 
                screening of military uniform items, including combat 
                boots; and
                  ``(C) incorporating any new screening protocols into 
                an existing trusted passenger program, as established 
                pursuant to section 109(a)(3) of the Aviation and 
                Transportation Security Act (Public Law 107-71; 115 
                Stat. 613; 49 U.S.C. 114 note), or into the development 
                of any new credential or system that incorporates 
                biometric technology and other applicable technologies 
                to verify the identity of individuals traveling in air 
                transportation.
          ``(3) Report to congress.--The Assistant Secretary shall 
        submit to the appropriate committees of Congress a report on 
        the implementation of the plan.''.
  (b) Effective Date.--Not later than 180 days after the date of the 
enactment of this Act, the Assistant Secretary shall implement the plan 
required by this Act.

                          Purpose and Summary

    The purpose of H.R. 1801 is to amend title 49, United 
States Code, to provide for expedited security screenings for 
members of the Armed Forces.

                  Background and Need for Legislation

    The Transportation Security Administration (TSA) uses the 
same screening procedures for all passengers at airport 
checkpoints. Although TSA has plans to move to a more risk-
based method of screening passengers at airport checkpoints in 
the future, this legislation directs the Transportation 
Security Administration to screen members of the Armed Forces 
in uniform on an expedited basis and in a manner that makes 
sense for the men and women serving our country at home and on 
the battlefield. The legislation does not contradict existing 
TSA policy and complements the plans TSA has for risk-based 
screening protocols.

                                Hearings

    Although no hearings were directly held on H.R. 1801 in the 
112th Congress, the issue of risk-based screening at passenger 
checkpoints was discussed at the Subcommittee on Transportation 
Security's hearing entitled ``Authorizing the Transportation 
Security Administration for Fiscal Years 2012 and 2013'' on 
June 2, 2011. The Subcommittee received testimony from Hon. 
John S. Pistole, Administrator, Transportation Security 
Administration, Department of Homeland Security.

                        Committee Consideration

    The Subcommittee on Transportation Security met on May 12, 
2011, to consider H.R. 1801, and ordered the measure to be 
favorably reported to the Full Committee for consideration, 
without amendment, by voice vote.
    The Committee on Homeland Security met on September 21, 
2011, to consider H.R. 1801, and ordered the measure to be 
reported to the House with a favorable recommendation, amended, 
by voice vote. The Committee took the following actions:
    The Committee adopted H.R. 1801, as amended, by voice vote.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute offered by Mr. 
Cravaack (#1); was AGREED TO 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 recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 1801.

                      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. 1801, the Risk-Based Security Screening for Members of The 
Armed Forces Act, 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.

                                                September 29, 2011.
Hon. Peter T. King,
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. 1801, the Risk-
Based Security Screening for Members of the Armed Forces Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1801--Risk-Based Security Screening for Members of the Armed 
        Forces Act

    H.R. 1801 would require the Assistant Secretary of Homeland 
Security, acting through the Transportation Security 
Administration (TSA), to implement expedited screening 
processes at certain airports for uniformed members of the 
armed forces and accompanying family members. The bill would 
specify factors for the Assistant Secretary to consider in 
designing such processes and would require TSA to report to the 
Congress on their implementation.
    According to TSA, the agency already intends to implement 
risk-based screening procedures for specific populations of air 
travellers, including uniformed members of the armed forces. 
Based on information from the agency about the status of those 
activities and the relatively small number of individuals that 
would qualify for expedited screening under H.R. 1801, CBO 
estimates that fully funding H.R. 1801 would cost less than 
$500,000 annually, assuming the availability of appropriated 
funds. Enacting H.R. 1801 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 1801 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. 
The estimate was approved by Theresa Gullo, Deputy 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. 1801 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    To provide a risk-based screening approach for members of 
the Armed Forces in uniform and traveling on official orders 
(and their families). Protocols will include procedures for 
screening uniquely military items such as, but not limited to 
the following: uniforms, boots, or equipment. The legislation 
is not intended to have members of the Armed Forces bypass the 
security checkpoint or reduce the level of security screening. 
The legislation also requires that any screening protocols 
developed be incorporated into any future plans the 
Transportation Security Administration may have for risk-based 
screening or the authorization of biometric credentials.

   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(e), 9(f), or 9(g) 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.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1801 does 
not preempt any State, local, or Tribal law.

                      Advisory Committee Statement

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

                  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 section provides that bill may be cited as the ``Risk-
Based Security Screening for Members of The Armed Forces Act.''

Section 2.  Security screening for members of the Armed Forces

    The Transportation Security Administration (TSA) Assistant 
Secretary must develop and implement a plan to provide 
expedited security screening services for a member of the Armed 
Forces, and any accompanying family member, when the member of 
the Armed Forces is traveling on official orders while in 
uniform.
    When developing the plan, the TSA Assistant Secretary must 
consider leveraging existing security screening models used by 
airports and air carriers to reduce passenger wait times before 
entering a security screening checkpoint; establishing standard 
guidelines for the screening of military uniform items; 
incorporating any new screening protocols into an existing 
trusted passenger program, or into the development of any new 
credential or system that incorporates biometric technology or 
other applicable technologies to verify the identity of 
individuals.
    The TSA Assistant Secretary must implement the plan 
required by this act no later than 180 days after enactment.

Report to Congress

    The TSA Assistant Secretary must submit to the appropriate 
congressional committees a report on the implementation of the 
plan.

         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, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


SUBPART III--SAFETY

           *       *       *       *       *       *       *


                         CHAPTER 449--SECURITY

SUBCHAPTER I--REQUIREMENTS

           *       *       *       *       *       *       *


Sec. 44903.   Air transportation security

  (a) * * *

           *       *       *       *       *       *       *

  (m) Security Screening for Members of the Armed Forces.--
          (1) In general.--The Assistant Secretary shall 
        develop and implement a plan to provide expedited 
        security screening services for a member of the Armed 
        Forces, and any accompanying family member, when the 
        member of the Armed Forces presents documentation 
        indicating official orders while in uniform through a 
        primary airport (as defined by section 47102 of this 
        title).
          (2) Protocols.--In developing the plan, the Assistant 
        Secretary shall consider--
                  (A) leveraging existing security screening 
                models used by airports and air carriers to 
                reduce passenger wait times before entering a 
                security screening checkpoint;
                  (B) establishing standard guidelines for the 
                screening of military uniform items, including 
                combat boots; and
                  (C) incorporating any new screening protocols 
                into an existing trusted passenger program, as 
                established pursuant to section 109(a)(3) of 
                the Aviation and Transportation Security Act 
                (Public Law 107-71; 115 Stat. 613; 49 U.S.C. 
                114 note), or into the development of any new 
                credential or system that incorporates 
                biometric technology and other applicable 
                technologies to verify the identity of 
                individuals traveling in air transportation.
          (3) Report to congress.--The Assistant Secretary 
        shall submit to the appropriate committees of Congress 
        a report on the implementation of the plan.

           *       *       *       *       *       *       *


                                  
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