[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.

                                  [all]