[House Report 114-283]
[From the U.S. Government Publishing Office]


114th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                      {     114-283

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



 
        AIRPORT ACCESS CONTROL SECURITY IMPROVEMENT ACT OF 2015

                                _______
                                

October 6, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3102]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3102) to amend the Homeland Security Act of 2002 
to reform programs of the Transportation Security 
Administration, streamline transportation security regulations, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     6
Committee Consideration..........................................     7
Committee Votes..................................................     7
Committee Oversight Findings.....................................     8
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Congressional Budget Office Estimate.............................     8
Statement of General Performance Goals and Objectives............     8
Duplicative Federal Programs.....................................     9
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     9
Federal Mandates Statement.......................................     9
Preemption Clarification.........................................     9
Disclosure of Directed Rule Makings..............................     9
Advisory Committee Statement.....................................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    11
Additional Views.................................................    16

    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 ``Airport Access Control Security 
Improvement Act of 2015''.

SEC. 2. AVIATION SECURITY.

  (a) In General.--Subtitle A of title XVI of the Homeland Security Act 
of 2002 is amended by adding at the end the following new section:

``SEC. 1602. RISK-BASED SCREENING OF EMPLOYEES AT AIRPORTS.

  ``(a) Screening Model.--
          ``(1) In general.--Not later than 180 days after the date of 
        the enactment of this section, the Administrator shall 
        establish a risk-based, intelligence-driven model for the 
        screening of employees at airports based on level of access and 
        employment positions at domestic airports. Such screening model 
        shall--
                  ``(A) ensure that only those individuals authorized 
                to have access to the secure areas of a domestic 
                airport are permitted such access;
                  ``(B) ensure that an individual is immediately denied 
                entry to a secure area when such individual's access 
                authorization for such secure area is withdrawn; and
                  ``(C) provide a means to differentiate between 
                individuals authorized to have access to an entire 
                secure area and individuals authorized access to only a 
                particular portion of a secure area.
          ``(2) Factors.--The Administrator shall consider the 
        following factors when establishing the screening model 
        described in paragraph (1):
                  ``(A) Whether and how often employees at airports 
                require employment-related access to Secure 
                Identification Display Areas, Airport Operations Areas, 
                or secure areas.
                  ``(B) The ability of each airport operator to reduce 
                employee entry and exit points to a mutually agreed 
                upon minimum number of such entry and exit points 
                necessary to maintain airport operations.
                  ``(C) In consultation with airport operators, the 
                ability of the Administration to create a randomization 
                plan for screening at the defined operational minimum 
                entry and exit points at airports which maximizes the 
                deterrent effect of screening efforts.
  ``(b) Disqualifying Offenses.--
          ``(1) In general.--Not later than 180 days after the date of 
        the enactment of this section, the Administrator, in 
        consultation with the Director of the Federal Bureau of 
        Investigation, labor organizations representing aviation, 
        ground, and cabin crew workers, and the Aviation Security 
        Advisory Committee, shall conduct an aviation security risk-
        based review of the disqualifying criminal offenses codified in 
        sections 1542.209 and 1544.229 of title 49, Code of Federal 
        Regulations, to determine the appropriateness of such offenses 
        as a basis for denying to an employee a credential that allows 
        unescorted access to Secure Identification Display Areas of 
        airports. Such review shall consider the following:
                  ``(A) The adequacy of codified disqualifying offenses 
                to address the current aviation security threat 
                environment, particularly the terrorism insider threat.
                  ``(B) If such codified disqualifying offenses should 
                be tailored to address the current aviation security 
                threat environment, particularly the terrorism insider 
                threat, by excluding or including other offenses.
                  ``(C) The potential security benefits, drawbacks, and 
                challenges associated with identifying patterns of 
                misdemeanors or of other non-disqualifying offenses 
                that could jeopardize aviation security.
                  ``(D) The feasibility of integrating similar 
                departmental eligibility requirements for access to 
                Secure Identification Display Areas of airports.
                  ``(E) If the ten year look-back period for 
                disqualifying offenses is appropriate, in light of the 
                current aviation security threat environment, 
                particularly the terrorism insider threat.
          ``(2) Waiver.--Not later than 180 days after the date of the 
        enactment of this section, the Administrator shall provide an 
        adequate redress process for an employee who is subject to an 
        adverse employment decision, including removal or suspension of 
        such employee, due to a disqualifying offense referred to in 
        paragraph (1), that is consistent with the appeals and waiver 
        process established for applicants for commercial motor vehicle 
        hazardous materials endorsements and transportation workers at 
        ports under section 70105(c) of title 46, United States Code.
          ``(3) Notice.--Any changes to the Secure Identification 
        Display area badge program, such as changes considered pursuant 
        to subparagraphs (B), (C), (D), and (E) of paragraph (1) shall 
        be subject to notice of proposed rulemaking.
          ``(4) Briefing to congress.--Upon completion of the aviation 
        security risk-based review required under paragraph (1), the 
        Administrator shall brief the Committee on Homeland Security of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs and the Committee on 
        Commerce, Science, and Transportation of the Senate on the 
        results of such review.
  ``(c) Credentialing.--Not later than 120 days after the date of the 
enactment of this section, the Administrator, in consultation with the 
Aviation Security Advisory Committee, shall review the auditing 
procedures for all airport-issued identification media. Such review 
shall determine the following:
          ``(1) The efficacy of the auditing program requirements at 
        domestic airports to ensure the integrity, accountability, and 
        control of airport-issued identification media.
          ``(2) The feasibility of including biometrics standards for 
        all airport-issued identification media used for identity 
        verification and badge verification.
          ``(3) The feasibility of integrating other departmental 
        programs' eligibility requirements for access to secure areas 
        of airports.
  ``(d) Vetting.--
          ``(1) In general.--Not later than 180 days after the date of 
        the enactment of this section, the Administrator shall--
                  ``(A) establish a program to allow airport badging 
                offices to utilize the employment eligibility 
                confirmation system established under section 404 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1324a note; 
                commonly referred to as `E-Verify') to determine the 
                eligibility to work in the United States of all 
                applicants seeking access to secure areas of airports;
                  ``(B) establish a process to transmit applicants' 
                biometric fingerprint data to the Office of Biometric 
                Identity Management's (OBIM's) Automated Biometrics 
                Identification System (IDENT) for vetting; and
                  ``(C) conduct a data quality assessment to ensure 
                that credential application data elements received by 
                the Administration are complete and match the data 
                submitted by the airport operators.
          ``(2) Briefing to congress.--Upon completion of the 
        responsibilities specified in paragraph (1), the Administrator 
        shall brief the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Commerce, Science, 
        and Transportation of the Senate on the results of such 
        completion.
  ``(e) Reporting of Violations.--Not later than 180 days after the 
date of the enactment of this section, the Administrator shall 
establish a nationwide program for the anonymous reporting of 
violations of airport security.
  ``(f) Centralized Database.--Not later than 180 days after the date 
of the enactment of this section, the Administrator, in consultation 
with the Aviation Security Advisory Committee, shall--
          ``(1) establish a national database of employees who have had 
        either their airport or aircraft operator-issued badge revoked 
        for failure to comply with aviation security requirements;
          ``(2) determine the appropriate reporting mechanisms for 
        airports and airlines to submit data regarding employees 
        described in paragraph (1) and to access the database 
        established pursuant to such paragraph; and
          ``(3) establish a process that allows individuals whose names 
        were mistakenly entered into such database to have their names 
        removed and have their credentialing restored.
  ``(g) Updated Review.--Not later than April 8, 2016, the 
Administrator, in consultation with the Aviation Security Advisory 
Committee, shall conduct an updated and thorough review of airport 
access controls.
  ``(h) Employee Screening Study.--
          ``(1) In general.--Not later than 180 days after the date of 
        the enactment of this section, the Administrator, in 
        consultation with the Aviation Security Advisory Committee, 
        shall submit to the Committee on Homeland Security of the House 
        of Representatives, the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Commerce, Science, 
        and Transportation of the Senate, and the Comptroller General 
        of the United States a cost and feasibility study of a 
        statistically significant number of Category I, II, and X 
        airports, that ensures that all employee entry and exit points 
        that lead to secure areas of such airports are comprised of the 
        following:
                  ``(A) A secure door utilizing card and pin entry or 
                biometric technology.
                  ``(B) Surveillance video recording, capable of 
                storing video data for at least 30 days.
                  ``(C) Advanced screening technologies, including at 
                least one of the following:
                          ``(i) Magnetometer (walk-through or hand-
                        held).
                          ``(ii) Explosives detection canines.
                          ``(iii) Explosives trace detection swabbing.
                          ``(iv) Advanced imaging technology.
                          ``(v) X-ray bag screening technology.
          ``(2) Contents.--The study required under paragraph (1) shall 
        include information related to the employee screening costs of 
        those airports which have already implemented practices of 
        screening one-hundred percent of employees entering secure 
        areas of airports, including the following:
                  ``(A) Costs associated with establishing an 
                operational minimum number of employee entry and exit 
                points.
                  ``(B) A comparison of costs associated with 
                implementing the requirements specified in paragraph 
                (1), based on whether such implementation was carried 
                out by the Administration or airports.
          ``(3) Comptroller general assessment.--
                  ``(A) In general.--Upon completion of the study 
                required under paragraph (1), the Comptroller General 
                of the United States shall review such study to assess 
                the quality and reliability of such study.
                  ``(B) Assessment.--Not later than 60 days after the 
                receipt of the study required under paragraph (1), the 
                Comptroller General of the United States shall report 
                to the Committee on Homeland Security of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs and the Committee on Commerce, 
                Science, and Transportation of the Senate on the 
                results of the review required under subparagraph 
                (A).''.
  (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 1601 the following new item:

``Sec. 1602. Risk-based screening of employees at airports.''.

                          Purpose and Summary

    The purpose of H.R. 3102 is to amend the Homeland Security 
Act of 2002 to reform programs of the Transportation Security 
Administration, streamline transportation security regulations, 
and for other purposes.

                  Background and Need for Legislation

    This legislation is the culmination of multiple 
Subcommittee hearings and briefings on the issue of airport 
access controls, as well as a review of the recommendations 
issued by the Aviation Security Advisory Committee (ASAC). The 
Subcommittee's oversight, as well as the ASAC's review, was an 
outgrowth of the number of recent arrests of airport workers. 
An estimated 950,000 employees of airlines, airports, vendors, 
and officials have access to sterile areas of airports 
nationwide, at approximately 18,000 access points.\1\ Recent 
incidents such as a gun smuggling case at the Atlanta airport; 
a Federal Aviation Administrator (FAA) inspector who flew with 
a gun in his carry-on bag; an airline employee misusing his 
badge to avoid screening before boarding a flight, and drug 
smuggling cases at the Dallas and Oakland airports highlight 
security weaknesses that could be further exploited in the 
future if left unchecked.
---------------------------------------------------------------------------
    \1\Carey, Susan. ``Closing an Airport Security Gap: Employee 
Screening.'' The Wall Street Journal. 27 January 2015. http://
www.wsj.com/articles/closing-an-airport-security-gap-employee-
screening-1422396346.
---------------------------------------------------------------------------
    Between May and December 2014, a Delta Air Lines employee 
allegedly smuggled 153 firearms, including AK-47 assault 
weapons, on 17 Delta flights between Atlanta and New York. 
Authorities say that the Delta employee would go through 
standard security screening and then receive the guns from a 
Delta baggage handler, who was not subjected to standard 
security screening, on the sterile side the airport, before 
boarding flights to New York's John F. Kennedy International 
Airport. The investigation was a months-long collaborative 
effort between authorities in New York and Atlanta, as well the 
Transportation Security Administration (TSA), the Federal 
Bureau of Investigation (FBI), and Delta Air Lines.\2\ In the 
wake of the gun smuggling case, Secretary of Homeland Security 
Jeh Johnson visited Atlanta to review airport security. While 
there, he announced enhanced security measures by TSA at 
airports across the country, including stepped up 
countermeasures to mitigate the insider threat from those with 
access to sterile areas of airports. These countermeasures 
include increased screening of airport and airline personnel at 
employee access points and an immediate review of existing 
security protocols and potential security solutions by the 
Aviation Security Advisory Committee.
---------------------------------------------------------------------------
    \2\ Sharkey, Joe. ``Gun Smuggling on Plane Reveals Security 
Oversight.'' The New York Times. 29 December 2014. http://
www.nytimes.com/2014/12/30/business/gun-smuggling-on-plane-reveals-
security-oversight.html?_r=0.
---------------------------------------------------------------------------
    The ASAC airport access control working group--consisting 
of a broad cross-section of industry experts and government 
entities--was asked to analyze the adequacy of existing 
security measures and providing recommendations to address 
security loopholes. TSA has already implemented five short-term 
initiatives to address some of the problems that were 
identified in the ASAC report. Overall, the final report 
included 28 separate recommendations in the following five main 
areas:
       Security Screening and Inspection;
       Vetting of Employees and Security Threat Assessment;
       Internal Controls and Auditing of Airport-Issued 
        Credentials;
       Risk-Based Security for Higher Risk Populations and 
        Intelligence; and
       Security Awareness and Vigilance.
    This bill codifies many of those recommendations such as 
reviewing the list of Security Identification Display Area 
(SIDA) badge disqualifying criminal offenses and extending the 
look-back period, and creating and maintaining a national 
database of airport employees with revoked credentials.
    Additionally, on January 16, 2015, an inspector for the FAA 
was arrested at New York's LaGuardia Airport after a TSA 
screener detected a firearm in his carry-on luggage. This 
discovery was only after the inspector traveled to New York 
from Atlanta, where he used his SIDA badge to bypass security 
screening. The individual flew in the cockpit of the aircraft 
from Atlanta to New York. The FAA has since suspended its 
program allowing personnel to bypass airport security until it 
can implement mandatory retraining to prevent further such 
incidents.\3\ Lastly, TSA has informed the Committee that on 
Saturday, January 24th, an airline employee in Atlanta used his 
SIDA badge to gain entry to the sterile area of the airport and 
bypass screening, before boarding a flight to Paris, France.
---------------------------------------------------------------------------
    \3\ Schabner, Dean. ``Federal Safety Inspector Arrested After 
Allegedly Flying with Fun in Bag.'' ABC News. 17 January 2015. http://
abcnews.go.com/US/federal-agent-arrested-allegedly-flying-gun-bag/
story?id=28295458.
---------------------------------------------------------------------------

                                Hearings

    No legislative hearings were held on H.R. 3102, however the 
Committee held the following oversight hearings:
    On February 3, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``A Review of Access Control 
Measures at Our Nation's Airports.'' The Subcommittee received 
testimony from Mr. Mark Hatfield, Acting Deputy Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security; Mr. Doug Perdue, Deputy Assistant Director, 
Counterterrorism Division, Federal Bureau of Investigation, 
U.S. Department of Justice; Ms. Sharon L. Pinkerton, Senior 
Vice President, Legislative and Regulatory Policy, Airlines for 
America; and Mr. Miguel Southwell, General Manager, Hartsfield-
Jackson Atlanta International Airport.
    The Subcommittee on Transportation Security continued its 
hearing on April 30, 2015, with a hearing entitled ``A Review 
of Access Control Measures at Our Nation's Airports, Part II.'' 
The Subcommittee received testimony from Mr. Melvin J. 
Carraway, Acting Administrator, Transportation Security 
Administration, U.S. Department of Homeland Security; Jeanne M. 
Olivier, A.A.E., Assistant Director, Aviation Security and 
Technology, Security Operations and Programs Department, The 
Port Authority of New York & New Jersey, testifying on behalf 
of The American Association of Airport Executives; and Mr. 
Steven Grossman, Chief Executive Officer/Executive Director, 
Jacksonville International Airport, Jacksonville Aviation 
Authority, testifying on behalf of The Airports Council 
International, North America.
    On June 16, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``How TSA Can Improve Aviation 
Worker Vetting.'' The Subcommittee received testimony from Hon. 
John Roth, Inspector General, U.S. Department of Homeland 
Security; Ms. Stacey Fitzmaurice, Deputy Assistant 
Administrator, Office of Intelligence and Analysis, 
Transportation Security Administration, U.S. Department of 
Homeland Security; and Ms. Jennifer Grover, Director, 
Transportation Security and Coast Guard Issues, Homeland 
Security and Justice Team, U.S. Government Accountability 
Office.

112th Congress

    On May 16, 2012, the Subcommittee on Transportation 
Security held a hearing entitled ``Access Control Point 
Breaches at Our Nation's Airports: Anomalies or Systemic 
Failures?'' The Subcommittee received testimony from Mr. John 
P. Sammon, Assistant Administrator, Office of Security Policy 
and Industry Engagement, Transportation Security 
Administration, Department of Homeland Security; Mr. Charles K. 
Edwards, Acting Inspector General, Department of Homeland 
Security; Mr. Mark Crosby, Chief of Public Safety & Security, 
Portland International Airport, testifying on behalf of the 
American Association of Airport Executives; Captain Sean P. 
Cassidy, First Vice President, Air Line Pilots Association, 
International; and Mr. William Swift, Chairman, Airport 
Minority Advisory Council.

                        Committee Consideration

    The Committee met on September 30, 2015, to consider 
H.R.3102, 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 following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mr.Katko 
(#1); was AGREED TO, as amended, by voice vote.

 A Substitute for the Amendment in the Nature of a Substitute 
offered by Mr. Thompson of Mississippi (#2); was WITHDRAWN by 
unanimous consent.


 An amendment to the Amendment in the Nature of a Substitute to 
H.R. 3102 offered by Mr. Katko (#1A); was AGREED TO by voice 
vote.
     Page 3, strike ,line 7 though page 5, line 5, and insert a new 
subsection entitled ``(b) Disqualifying Offenses.''

    The Subcommittee on Transportation Security met on July 23, 
2015, to consider H.R. 3102 and reported the measure to the 
Full Committee with a favorable recommendation, as amended, by 
voice vote.
    The following amendment was offered:
An Amendment by Mr. Katko (#1); was AGREED TO by voice vote.
     Page 3, line 15, strike ``mutually agreed upon''.
     Page 4, line 22, strike ``(2)'' and insert ``(3)''.
     Page 4, beginning line 22, insert the following:
     ``(2) ``Waiver.-Not later than 180 days after 2 the date of the 
enactment of this section, the Administrator shall provide an adequate 
redress process for an employee who is subject to an adverse employment 
decision, including removal or suspension of such employee, due to a 
disqualifying offense referred to in paragraph (1), that is consistent 
with the appeals and waiver process established for applicants for 
commercial motor vehicle hazardous materials endorsements and 
transportation workers at ports under section 70105(c) of title 46, 
United States Code.''.
     Page 7, line 13, strike ``for cause'' and insert ``for failure to 
comply with aviation security requirements''.
     Page 7, line 13, strike ``and''.
     Page 7, line 18, strike the period and insert ``; and''.
     Page 7, beginning line 19, insert the following:
     ``(3) establish a process that allows individuals whose names were 
mistakenly entered into such database to have their names removed and 
have their credentialing restored.''.
     Page 7, line 20, insert ``the Administrator, in consultation with 
the'' before ``the Aviation Security''.
     Page 7, line 20, after ``Committee'' insert a comma.

                            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.3102.

                      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. 
3102, the Airport Access Control Security Improvement Act of 
2015, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         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. 3102 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    H.R. 3102 requires the Administrator of the Transportation 
Security Administration to provide a briefing to the relevant 
Congressional committees on the results of an aviation security 
risk-based review of the disqualifying criminal offenses that 
are a basis for denying a credential to access Secure 
Identification Display Areas of airports. The Administrator is 
also required to brief relevant Congressional committees on the 
establishment of a program that allows airport badging offices 
to utilize the E-Verify system, the establishment of a process 
to transmit applicants' biometric fingerprint data to the 
Office of Biometric Identity Management for vetting, and the 
results of a data quality assessment to ensure that credential 
application data elements received by the Administration are 
complete and match data submitted by airport operators.
    This legislation also requires the Administrator to submit 
a cost and feasibility report of a statistically significant 
number of airports ensuring that all employee entry and exit 
points that lead to secure areas of airports meet certain 
requirements specified in the legislation to the relevant 
Congressional committees and the Comptroller General of the 
United States. Furthermore, the Comptroller General of the 
United States must assess the quality and reliability of the 
Administrator's aforementioned study and report the results of 
the assessment to the relevant Congressional committees within 
60 days of receipt of the study.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3102 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   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

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        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. 3102 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3102 would require no 
directed rule makings. However the bill does allow the 
Administrator to engage in the rule making process if 
determined to be necessary upon completion of the review 
required under section 2.

                      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 
``Airport Access Control Security Improvement Act of 2015''.

Section 2.   Aviation security

    This section requires the Administrator of the 
Transportation Security Administration to, within 180 days, 
create a risk-based model for the screening of employees that 
will ensure that only authorized individuals have access to the 
secure area, ensure that an individual is denied entry to a 
secured area when a person's access authority is withdrawn and 
provide a means to differentiate between individuals authorized 
to have access to an entire secured area and individuals with 
authorized access to only a particular portion of a secure 
area. This section also requires the Administrator to consider 
the following factors when establishing this risk-based 
screening model: whether and how often an employee requires 
access to specific areas, the ability of an airport to reduce 
access points to a mutually agreed upon operational minimum, 
and the ability to create a randomization plan.
    This section also requires the Administrator, in 
consultation with the Director of the FBI, labor organizations 
representing aviation, ground and cabin crew workers, and the 
Aviation Security Advisory Committee, to conduct a review of 
the disqualifying offenses to determine the appropriateness of 
such offenses as a basis for denying employee credentials 
within 180 days of enactment. Such review shall consider the 
following: The adequacy of codified disqualifying offenses to 
address the current aviation security threat environment; if 
such codified disqualifying offenses should be tailored to 
address the current aviation security threat environment by 
including or excluding other offenses, potential security 
benefits, drawbacks and challenges associated with identifying 
patterns of misdemeanors or of other non-disqualifying offenses 
that could jeopardize aviation security; the feasibility of 
integrating similar departmental eligibility requirements for 
access to secure areas; and a determination as to whether the 
look-back period for disqualifying offenses should be extended 
or modified.
    The Administrator is also required to provide an adequate 
redress process for an employee who is subject to an adverse 
employment decision, including termination or suspension, due 
to a disqualifying offense as defined above within 180 days of 
enactment. The process must be consistent with the appeals and 
waiver process established for applicants for commercial motor 
vehicle hazardous materials endorsements and transportation 
workers at ports.
    A notice of proposed rulemaking for any changes made to the 
Secure Identification Display area badge program as a result of 
the review is required pursuant to this section. This section 
also requires the Administrator to brief the relevant 
Congressional committees on the results of this review.
    This section requires the Administrator, in consultation 
with the Aviation Security Advisory Committee, to review the 
auditing procedures for all airport-issued identification media 
within 120 days of enactment. The review shall determine the 
efficacy of the auditing program requirements, the feasibility 
of including biometric standards for airport issued 
identification media, and the feasibility of integrating other 
DHS eligibility requirements for access.
    Section 2 would require the Administrator within 180 days 
of enactment to establish a program to allow airport badging 
offices to utilize E-Verify to determine the eligibility to 
work in the U.S., to establish a process to transmit applicants 
biometric fingerprint data into the Office of Biometric 
Identity Management's Automated Biometric Identification System 
(IDENT) for vetting and to conduct a data quality assessment to 
ensure that credential application data elements are complete 
and match data that was submitted by airport operators. Upon 
completion of these responsibilities, the Administrator is 
required to brief the relevant Congressional committees on the 
results.
    This section requires the Administrator within 180 days of 
enactment to establish a Nationwide program for the anonymous 
reporting of violations of airport security protocols.
    It also requires the Administrator within 180 days of 
enactment, in consultation with the Aviation Security Advisory 
Committee, to establish a national database of employees who 
have had either their airport or aircraft operator-issued badge 
revoked for failure to comply with aviation security 
requirements and to determine the appropriate reporting 
mechanisms for airports and airlines to submit data and to 
access the database. Additionally, this section requires the 
establishment of a process that allows individuals whose names 
were mistakenly entered into such a database to be removed and 
have their credentialing restored.
    This section also requires the Administrator in 
consultation with the Aviation Security Advisory Committee to 
conduct an updated and thorough review of airport access 
controls by April 2016. In addition, this section would require 
the Administrator within 180 days of enactment, in consultation 
with the Aviation Security Advisory Committee to conduct a cost 
and feasibility study of a statistically significant number of 
Category X, I and II airports, that ensures that all airport 
employee access points that lead to secure areas of those 
airports are comprised of a secure door utilizing card and pin 
entry or biometric technology, surveillance video recording 
capable of storing video for at least thirty days, advanced 
screening technologies, including, but not limited to, a 
magnetometer (walk-thru or hand-held), explosive detection 
canines, explosive trace detection swabbing, advanced imaging 
technology or x-ray bag screening technology.
    Finally, section 2 also requires that the study shall 
include information related to the employee screening costs of 
those airports which have already implemented practices of 
screening one-hundred percent of employees entering secure 
areas of airports, and costs associated with establishing an 
operational minimum number of employee access points, and a 
comparison of costs associated with implementing the 
requirements outlined earlier, based on whether the 
implementation was carried out by TSA or the airports.
    Upon completion of the study, this section requires the 
Comptroller General of the United States to review and evaluate 
its quality and reliability and report to the relevant 
Congressional committees within 60 days.

         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):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                   TITLE XVI--TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

     * * * * * * *
Sec. 1602. Risk-based screening of employees at airports.

           *       *       *       *       *       *       *


                   TITLE XVI--TRANSPORTATION SECURITY

Subtitle A--General Provisions

           *       *       *       *       *       *       *


SEC. 1602. RISK-BASED SCREENING OF EMPLOYEES AT AIRPORTS.

  (a) Screening Model.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this section, the 
        Administrator shall establish a risk-based, 
        intelligence-driven model for the screening of 
        employees at airports based on level of access and 
        employment positions at domestic airports. Such 
        screening model shall--
                  (A) ensure that only those individuals 
                authorized to have access to the secure areas 
                of a domestic airport are permitted such 
                access;
                  (B) ensure that an individual is immediately 
                denied entry to a secure area when such 
                individual's access authorization for such 
                secure area is withdrawn; and
                  (C) provide a means to differentiate between 
                individuals authorized to have access to an 
                entire secure area and individuals authorized 
                access to only a particular portion of a secure 
                area.
          (2) Factors.--The Administrator shall consider the 
        following factors when establishing the screening model 
        described in paragraph (1):
                  (A) Whether and how often employees at 
                airports require employment-related access to 
                Secure Identification Display Areas, Airport 
                Operations Areas, or secure areas.
                  (B) The ability of each airport operator to 
                reduce employee entry and exit points to a 
                mutually agreed upon minimum number of such 
                entry and exit points necessary to maintain 
                airport operations.
                  (C) In consultation with airport operators, 
                the ability of the Administration to create a 
                randomization plan for screening at the defined 
                operational minimum entry and exit points at 
                airports which maximizes the deterrent effect 
                of screening efforts.
  (b) Disqualifying Offenses.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this section, the 
        Administrator, in consultation with the Director of the 
        Federal Bureau of Investigation, labor organizations 
        representing aviation, ground, and cabin crew workers, 
        and the Aviation Security Advisory Committee, shall 
        conduct an aviation security risk-based review of the 
        disqualifying criminal offenses codified in sections 
        1542.209 and 1544.229 of title 49, Code of Federal 
        Regulations, to determine the appropriateness of such 
        offenses as a basis for denying to an employee a 
        credential that allows unescorted access to Secure 
        Identification Display Areas of airports. Such review 
        shall consider the following:
                  (A) The adequacy of codified disqualifying 
                offenses to address the current aviation 
                security threat environment, particularly the 
                terrorism insider threat.
                  (B) If such codified disqualifying offenses 
                should be tailored to address the current 
                aviation security threat environment, 
                particularly the terrorism insider threat, by 
                excluding or including other offenses.
                  (C) The potential security benefits, 
                drawbacks, and challenges associated with 
                identifying patterns of misdemeanors or of 
                other non-disqualifying offenses that could 
                jeopardize aviation security.
                  (D) The feasibility of integrating similar 
                departmental eligibility requirements for 
                access to Secure Identification Display Areas 
                of airports.
                  (E) If the ten year look-back period for 
                disqualifying offenses is appropriate, in light 
                of the current aviation security threat 
                environment, particularly the terrorism insider 
                threat.
          (2) Waiver.--Not later than 180 days after the date 
        of the enactment of this section, the Administrator 
        shall provide an adequate redress process for an 
        employee who is subject to an adverse employment 
        decision, including removal or suspension of such 
        employee, due to a disqualifying offense referred to in 
        paragraph (1), that is consistent with the appeals and 
        waiver process established for applicants for 
        commercial motor vehicle hazardous materials 
        endorsements and transportation workers at ports under 
        section 70105(c) of title 46, United States Code.
          (3) Notice.--Any changes to the Secure Identification 
        Display area badge program, such as changes considered 
        pursuant to subparagraphs (B), (C), (D), and (E) of 
        paragraph (1) shall be subject to notice of proposed 
        rulemaking.
          (4) Briefing to congress.--Upon completion of the 
        aviation security risk-based review required under 
        paragraph (1), the Administrator shall brief the 
        Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs and the Committee on Commerce, 
        Science, and Transportation of the Senate on the 
        results of such review.
  (c) Credentialing.--Not later than 120 days after the date of 
the enactment of this section, the Administrator, in 
consultation with the Aviation Security Advisory Committee, 
shall review the auditing procedures for all airport-issued 
identification media. Such review shall determine the 
following:
          (1) The efficacy of the auditing program requirements 
        at domestic airports to ensure the integrity, 
        accountability, and control of airport-issued 
        identification media.
          (2) The feasibility of including biometrics standards 
        for all airport-issued identification media used for 
        identity verification and badge verification.
          (3) The feasibility of integrating other departmental 
        programs' eligibility requirements for access to secure 
        areas of airports.
  (d) Vetting.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this section, the 
        Administrator shall--
                  (A) establish a program to allow airport 
                badging offices to utilize the employment 
                eligibility confirmation system established 
                under section 404 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 
                (8 U.S.C. 1324a note; commonly referred to as 
                ``E-Verify'') to determine the eligibility to 
                work in the United States of all applicants 
                seeking access to secure areas of airports;
                  (B) establish a process to transmit 
                applicants' biometric fingerprint data to the 
                Office of Biometric Identity Management's 
                (OBIM's) Automated Biometrics Identification 
                System (IDENT) for vetting; and
                  (C) conduct a data quality assessment to 
                ensure that credential application data 
                elements received by the Administration are 
                complete and match the data submitted by the 
                airport operators.
          (2) Briefing to congress.--Upon completion of the 
        responsibilities specified in paragraph (1), the 
        Administrator shall brief the Committee on Homeland 
        Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs 
        and the Committee on Commerce, Science, and 
        Transportation of the Senate on the results of such 
        completion.
  (e) Reporting of Violations.--Not later than 180 days after 
the date of the enactment of this section, the Administrator 
shall establish a nationwide program for the anonymous 
reporting of violations of airport security.
  (f) Centralized Database.--Not later than 180 days after the 
date of the enactment of this section, the Administrator, in 
consultation with the Aviation Security Advisory Committee, 
shall--
          (1) establish a national database of employees who 
        have had either their airport or aircraft operator-
        issued badge revoked for failure to comply with 
        aviation security requirements;
          (2) determine the appropriate reporting mechanisms 
        for airports and airlines to submit data regarding 
        employees described in paragraph (1) and to access the 
        database established pursuant to such paragraph; and
          (3) establish a process that allows individuals whose 
        names were mistakenly entered into such database to 
        have their names removed and have their credentialing 
        restored.
  (g) Updated Review.--Not later than April 8, 2016, the 
Administrator, in consultation with the Aviation Security 
Advisory Committee, shall conduct an updated and thorough 
review of airport access controls.
  (h) Employee Screening Study.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this section, the 
        Administrator, in consultation with the Aviation 
        Security Advisory Committee, shall submit to the 
        Committee on Homeland Security of the House of 
        Representatives, the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Commerce, 
        Science, and Transportation of the Senate, and the 
        Comptroller General of the United States a cost and 
        feasibility study of a statistically significant number 
        of Category I, II, and X airports, that ensures that 
        all employee entry and exit points that lead to secure 
        areas of such airports are comprised of the following:
                  (A) A secure door utilizing card and pin 
                entry or biometric technology.
                  (B) Surveillance video recording, capable of 
                storing video data for at least 30 days.
                  (C) Advanced screening technologies, 
                including at least one of the following:
                          (i) Magnetometer (walk-through or 
                        hand-held).
                          (ii) Explosives detection canines.
                          (iii) Explosives trace detection 
                        swabbing.
                          (iv) Advanced imaging technology.
                          (v) X-ray bag screening technology.
          (2) Contents.--The study required under paragraph (1) 
        shall include information related to the employee 
        screening costs of those airports which have already 
        implemented practices of screening one-hundred percent 
        of employees entering secure areas of airports, 
        including the following:
                  (A) Costs associated with establishing an 
                operational minimum number of employee entry 
                and exit points.
                  (B) A comparison of costs associated with 
                implementing the requirements specified in 
                paragraph (1), based on whether such 
                implementation was carried out by the 
                Administration or airports.
          (3) Comptroller general assessment.--
                  (A) In general.--Upon completion of the study 
                required under paragraph (1), the Comptroller 
                General of the United States shall review such 
                study to assess the quality and reliability of 
                such study.
                  (B) Assessment.--Not later than 60 days after 
                the receipt of the study required under 
                paragraph (1), the Comptroller General of the 
                United States shall report to the Committee on 
                Homeland Security of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the 
                Committee on Commerce, Science, and 
                Transportation of the Senate on the results of 
                the review required under subparagraph (A).

           *       *       *       *       *       *       *


                            Additional Views

                              ----------                              


         ADDITIONAL VIEWS OF RANKING MEMBER BENNIE G. THOMPSON

    I support enhancing access controls at our Nation's 
airports. That was why I was pleased that then-TSA Acting 
Administrator Melvin Carraway, on January 8th, 2015, requested 
that the Aviation Security Advisory Committee (ASAC), comprised 
of aviation security stakeholders in the private sector, assist 
TSA with efforts to evaluate airport employee screening and 
identify gaps in airport security associated with access 
control. As sponsor of legislation to authorize the ASAC (P.L. 
113-238), I was pleased that the members of the ASAC's working 
group on airport access control gave timely and thoughtful 
attention to this homeland security challenge. On April 8th, 
2015, the ASAC issued its report entitled the ``Final Report of 
the Aviation Security Advisory Committee's Working Group on 
Airport Access Control'' which recommended that TSA consider 28 
actions to enhance security. Since the issuance of that report, 
I understand that TSA has been making steady progress on 
addressing the recommendations. Given the multifaceted and 
complicated nature of the issue, implementation of reforms has 
broad implications on airport operations, including ground 
services and airport retail operations. While I do not embrace 
all the provisions in H.R. 3102, I do see the value in 
advancing it, insofar as it sends a message to TSA and 
stakeholders about Congress' ongoing interest in raising the 
level of security at our Nation's airports.
    Finally, I would note that in advance of consideration of 
H.R. 3102 by the Full Committee, I developed a substitute 
amendment that made a number of changes to the bill. 
Ultimately, I chose to withdraw my amendment when the bill's 
sponsor, Mr. Katko, agreed to incorporate key language I 
authored to ensure that the review of disqualifying offenses 
under the SIDA program are reviewed, as required under the 
bill, is carried out in a fair way and is focused on the 
aviation security threat picture.

                                                Bennie G. Thompson.

                                  [all]