[House Report 114-513]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-513
======================================================================
SECURING AVIATION FROM FOREIGN ENTRY POINTS AND GUARDING AIRPORTS
THROUGH ENHANCED SECURITY ACT OF 2016
_______
April 21, 2016.--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
[To accompany H.R. 4698]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4698) to enhance aviation by requiring airport
security assessments and a security coordination enhancement
plan, 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.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 7
Preemption Clarification......................................... 7
Disclosure of Directed Rule Makings.............................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
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 ``Securing Aviation from Foreign Entry
Points and Guarding Airports Through Enhanced Security Act of 2016''.
SEC. 2. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall conduct a comprehensive security risk assessment
of all last point of departure airports with nonstop flights to the
United States.
(b) Contents.--The security risk assessment required under subsection
(a) shall include consideration of the following:
(1) The level of coordination and cooperation between the
Transportation Security Administration and the foreign
government of the country in which the last point of departure
airport with nonstop flights to the United States is located.
(2) The intelligence and threat mitigation capabilities of
the country in which such airport is located.
(3) The number of known or suspected terrorists annually
transiting through such airport.
(4) The passenger security screening practices, capabilities,
and capacity of such airport.
(5) The security vetting undergone by aviation workers at
such airport.
(6) The access controls utilized by such airport to limit to
authorized personnel access to secure and sterile areas of such
airports.
SEC. 3. SECURITY COORDINATION ENHANCEMENT PLAN.
(a) In General.--Not later than 240 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to Congress and the Government
Accountability Office a plan--
(1) to enhance and bolster security collaboration,
coordination, and information sharing relating to securing
international-inbound aviation between the United States and
domestic and foreign partners, including U.S. Customs and
Border Protection, foreign government entities, passenger air
carriers, cargo air carriers, and United States Government
entities, in order to enhance security capabilities at foreign
airports, including airports that may not have nonstop flights
to the United States but are nonetheless determined by the
Administrator to be high risk; and
(2) that includes an assessment of the ability of the
Administration to enter into a mutual agreement with a foreign
government entity that permits Administration representatives
to conduct without prior notice inspections of foreign
airports.
(b) GAO Review.--Not later than 180 days after the submission of the
plan required under subsection (a), the Comptroller General of the
United States shall review the efforts, capabilities, and effectiveness
of the Transportation Security Administration to enhance security
capabilities at foreign airports and determine if the implementation of
such efforts and capabilities effectively secures international-inbound
aviation.
SEC. 4. WORKFORCE ASSESSMENT.
Not later than 270 days after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
submit to Congress a comprehensive workforce assessment of all
Administration personnel within the Office of Global Strategies of the
Administration or whose primary professional duties contribute to the
Administration's global efforts to secure transportation security,
including a review of whether such personnel are assigned in a risk-
based, intelligence-driven manner.
SEC. 5. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED STATES.
(a) In General.--The Administrator of the Transportation Security
Administration is authorized to donate security screening equipment to
a foreign last point of departure airport operator if such equipment
can be reasonably expected to mitigate a specific vulnerability to the
security of the United States or United States citizens.
(b) Report.--Not later than 30 days before any donation of security
screening equipment pursuant to subsection (a), the Administrator of
the Transportation Security Administration shall provide 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 a
detailed written explanation of the following:
(1) The specific vulnerability to the United States or United
States citizens that will be mitigated by such donation.
(2) An explanation as to why the recipient of such donation
is unable or unwilling to purchase security screening equipment
to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case of
emergency or instability in the country to which such donation
is being made.
(4) How the Administrator will ensure the security screening
equipment that is being donated is used and maintained over the
course of its life by the recipient.
(5) The total dollar value of such donation.
SEC. 6. NATIONAL CARGO SECURITY PROGRAM.
(a) In General.--The Administrator of the Transportation Security
Administration may evaluate foreign countries' air cargo security
programs to determine whether such programs provide a level of security
commensurate with the level of security required by United States air
cargo security programs.
(b) Approval and Recognition.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines that a foreign country's air
cargo security program evaluated under subsection (a) provides
a level of security commensurate with the level of security
required by United States air cargo security programs, the
Administrator shall approve and officially recognize such
foreign country's air cargo security program.
(2) Effect of approval and recognition.--If the Administrator
of the Transportation Security Administration approves and
officially recognizes pursuant to paragraph (1) a foreign
country's air cargo security program, cargo aircraft of such
foreign country shall not be required to adhere to United
States air cargo security programs that would otherwise be
applicable.
(c) Revocation and Suspension.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines at any time that a foreign
country's air cargo security program approved and officially
recognized under subsection (b) no longer provides a level of
security commensurate with the level of security required by
United States air cargo security programs, the Administrator
may revoke or temporarily suspend such approval and official
recognition until such time as the Administrator determines
that such foreign country's cargo security programs provide a
level of security commensurate with the level of security
required by such United States air cargo security programs.
(2) Notification.--If the Administrator of the Transportation
Security Administration revokes or suspends pursuant to
paragraph (1) a foreign country's air cargo security program,
the Administrator shall notify the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than 30 days after such revocation or suspension.
Purpose and Summary
The purpose of H.R. 4698 is to enhance aviation by
requiring airport security assessments and a security
coordination enhancement plan, and for other purposes.
Background and Need for Legislation
In response to the persistent threats to international-
inbound aviation from last point of departure airports with
direct flights to the United States, this legislation provides
critical impetus for the Transportation Security Administration
(TSA) to comprehensively assess the risk foreign airports pose
to U.S. citizens and passenger air carriers. The ability for
the TSA's Office of Global Strategies to effectively implement
security protocols and inspections at last point of departure
airports is necessary to securing the international-inbound
aviation sector. With consistent attacks on passenger aircraft
and airports around the world, such as in Egypt, Somalia, and
Belgium, the legislation also grants TSA the authority to
donate security screening equipment to high-risk airports
overseas, in order to help build needed screening capacity
among foreign partners. Determined adversaries are intent on
attacking U.S. interests, with a particular emphasis on
aviation, and the troubling increase in foreign fighters
associated with radical violent extremists require the
oversight and security enhancements included in this
legislation.
Hearings
114th Congress
No hearings were held on H.R. 4698, however, the
Subcommittee on Transportation Security held a hearing on
December 8, 2015, entitled ``Examining TSA's Global Efforts to
Protect the Homeland from Aviation Threats and Enhance Security
at Last Point of Departure Airports.'' The Subcommittee
received testimony from Mr. Joseph Terrell, Deputy Assistant
Administrator, Office of Global Strategies, Transportation
Security Administration, U.S. Department of Homeland Security.
112th Congress
The Subcommittee on Transportation Security held a hearing
on May 8, 2012, entitled ``Building Secure Partnerships in
Travel, Commerce, and Trade with the Asia-Pacific Region.'' The
Subcommittee received testimony from Mr. John Halinski,
Assistant Administrator, Office of Global Strategies,
Transportation Security Administration, Department of Homeland
Security; Mr. Mark Koumans, Deputy Assistant Secretary, Office
of International Affairs, Department of Homeland Security; Hon.
Hans G. Klemm, Economic Coordinator, U.S. Senior Official for
Asia-Pacific Economic Cooperation, Bureau of East Asian and
Pacific Affairs, U.S. Department of State; Mr. Gary E. Wade,
Vice President Security, Atlas Air Worldwide Holdings, Inc.,
testifying on behalf of the Cargo Airline Association; Ms.
Dorothy Reimold, Assistant Director, Security and Travel
Facilitation, International Air Transport Association; Mr.
Roger Dow, President and Chief Executive Officer, U.S. Travel
Association; and Mr. Michael C. Mullen, Executive Director,
Express Association of America.
Committee Consideration
The Committee met on March 23, 2016, to consider H.R. 4698,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendment was offered:
An amendment by Ms. Jackson Lee (#1); was AGREED TO by
unanimous consent.
In section 3(b), strike ``secure'' and insert ``determine if the
implementation of such efforts and capabilities effectively secures''.
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. 4698.
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.
4698, the Securing Aviation from Foreign Entry Points and
Guarding Airports Through Enhanced Security Act of 2016, would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 12, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4698, the Securing
Aviation from Foreign Entry Points and Guarding Airports
Through Enhanced Security Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
H.R. 4698--Securing Aviation from Foreign Entry Points and Guarding
Airports Through Enhanced Security Act of 2016
H.R. 4698 would require the Administrator of the
Transportation Security Administration (TSA) to undertake a
comprehensive risk assessment of security procedures at foreign
airports where nonstop flights to the United States originate
and authorize the agency to donate security screening equipment
to such airports. The bill also would direct TSA and the
Government Accountability Office (GAO) to develop a plan to
enhance security-related collaboration between the United
States and foreign partners, require TSA to complete an
assessment of TSA personnel primarily devoted to international
transportation security, and authorize TSA to evaluate foreign
countries' cargo security programs.
According to TSA, many of the requirements specified in
H.R. 4698 are largely consistent with current administrative
policy. As a result, CBO estimates that any increased spending
by TSA and GAO to meet the bill's requirements would total less
than $500,000 annually; any such spending would be subject to
the availability of appropriated funds.
Enacting H.R. 4698 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 4698 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 4698 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 H. Samuel Papenfuss, 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. 4698 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 4698 requires the Administrator of the Transportation
Security Administration to submit, not later than 240 days
after enactment of the legislation, to both Congress and the
Government Accountability Office, a plan to enhance and bolster
security collaboration, coordination, and information sharing
relating to securing international-inbound aviation among
domestic and foreign partners. Subsequently, not later than 180
days after the submission of the plan, the Government
Accountability Office is required to conduct a review
pertaining to the efforts, capabilities, and effectiveness of
the Transportation Security Administration's efforts to enhance
security capabilities and secure international-inbound
aviation.
Additionally, the Administrator of the Transportation
Security Administration is required to assess those personnel
in the Administration's workforce operating within the Office
of Global Strategies or whose primary professional duties
contribute to the Administration's global efforts to secure
transportation security, not later than 270 days after
enactment.
The legislation also includes justification and
notification requirements to Congress for any donation of
security screening equipment to a foreign airport or the
revocation or suspension pertaining to a foreign county's air
cargo security program.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4698 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
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. 4698 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4698 would require no
directed rule makings.
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 this bill may be cited as the
``Securing Aviation from Foreign Entry Points and Guarding
Airports Through Enhanced Security Act of 2016''.
Sec. 2. Last Point of Departure Airport Security Assessment.
This section requires the Administrator of the
Transportation Security Administration (TSA) to conduct a
comprehensive security risk assessment of all last point of
departure (LPD) airports that have nonstop flights to the
United States. This assessment must be completed no later than
180 days after the date of enactment. The information that
shall be considered by the security risk assessment includes:
(1) The amount of cooperation and coordination between the TSA
and foreign government of the country where the LPD airport,
with nonstop service to the U.S., is located; (2) threat
mitigation and intelligence capabilities of the country where
the airport is located; (3) the total number of suspected or
known terrorists annually transiting through the airport; (4)
The practices, capabilities, and capacity of passenger security
screening at each airport (5) any and all security vetting
conducted on airline and airport workers at each airport; and
(5) how each airport's access controls will limit authorized
personnel access to sterile and secure areas.
Sec. 3. Security Coordination Enhancement Plan.
This section requires the TSA Administrator to submit to
Congress and the Government Accountability Office a plan that
includes two provisions no later than 240 days after
enactment.These provisions include: (1) The bolstering and
enhancement of security collaboration, information sharing, and
coordination between the U.S. and domestic/foreign partners,
including foreign government entities, passenger air carriers,
cargo air carriers, U.S. government entities and the U.S.
Customs and Border Protection; and (2) an assessment of the
Administration's ability to enter into a mutual agreement with
a foreign government entity that allows representatives of the
administration to conduct inspections of foreign airports
without prior notice.
Additionally, the Comptroller General of the United States
is required to conduct a review of the capabilities, efforts,
and effectiveness of the TSA to improve security capabilities
at foreign airports and secure international in-bound aviation.
This review shall be conducted no more than 180 days after the
submission of the plan outlined in subsection (a).
Sec. 4. Workforce Assessment.
This section requires the TSA Administrator submit a
workforce assessment of all Administration personnel within the
Office of Global Strategies or those who have primarily
professional duties relevant to the Administration's global
efforts of ensuring transportation security. This assessment
shall also include a review of whether these personnel are
assigned in a risk-based, intelligence-driven manner.
Additionally, this assessment shall be submitted to Congress no
more than 270 days after the date of the Act's enactment.
Sec. 5. Donation of Screening Equipment to Protect the United States.
This section allows the TSA Administrator to donate
security screening equipment to a foreign LPD airport operator
if the equipment can be expected to reduce specific
vulnerabilities to the security of the U.S. or U.S. citizens.
In addition, the Administrator of the TSA will be required to
provide, no more than 30 days after any security screening
equipment donated, to the House of Representatives Committee on
Homeland Security, U.S. Senate Committee on Homeland Security
and Governmental Affairs, and the U.S. Senate Committee on
Commerce, Science and Transportation, a report outlining the
following: (1) The specific vulnerability to the United States
or United States' citizens that will be reduced by the donation
of security screening equipment; (2) an explanation as to why
the donation's recipient is unwilling or unable to purchase
security screening equipment to reduce security
vulnerabilities; (3) an evacuation plan for sensitive
technologies should an emergency arise or the country
experience instability where the donation is occurring; (4) how
the Administrator plans to ensure the security screening
equipment that is being donated is maintained and used for the
duration of its lifespan; and (5) the total dollar value for
such a donation.
Sec. 6. National Cargo Security Program.
The section authorizes the TSA Administrator to evaluate
the air cargo security programs at foreign airports in order to
determine if the programs provide security levels commensurate
with levels of security required within the U.S. air cargo
security programs. The Administrator shall approve and
recognize a foreign country's air cargo security program if the
Administrator finds the program from subsection (a) provides a
level of security required by the U.S. air cargo security
programs. Additionally, if the TSA Administrator approves and
recognizes a foreign country's air cargo security program,
cargo aircraft of the foreign country shall not be required to
follow U.S. air cargo security programs that would otherwise be
applicable.
If the TSA Administrator determines that a foreign
country's air cargo security program approved and recognized in
subsection (b) does not provide levels of security commensurate
with U.S.-mandated air cargo security programs, the
Administrator has the authority to revoke or suspend
temporarily approval and recognition. Reinstatement will not
occur until the Administrator determines the foreign country's
cargo security programs provide a security level equal to that
found in the U.S.' air cargo security programs.
Finally, should the Administrator suspend or revoke a
foreign country's air cargo security program, the Administrator
is required to notify the U.S. House of Representatives
Committee on Homeland Security and the U.S. Senate Committee on
Commerce, Science, and Transportation. This notification must
occur no more than 30 days after the suspension or revocation.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 4698 makes no changes to existing law.
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