[House Report 114-653]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-653
======================================================================
AIRPORT PERIMETER AND ACCESS CONTROL SECURITY ACT OF 2016
_______
July 1, 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. 5056]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5056) to modernize and enhance airport perimeter
and access control security by requiring updated risk
assessments and the development of security strategies, and for
other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
The purpose of H.R. 5056 is to modernize and enhance
airport perimeter and access control security by requiring
updated risk assessments and the development of security
strategies, and for other purposes.
Background and Need for Legislation
This legislation seeks to bolster perimeter security and
access controls at domestic airports by requiring the
Transportation Security Administration to update relevant risk
assessments and leveraging system-wide incident reporting to
analyze trends contributing to the threat environment. The
Committee believes that the state of access controls at
domestic airports is in need of direct and thorough scrutiny in
order to mitigate perimeter breaches and insider threats to
aviation security. Given varying resources and challenges faced
by airports across the United States, the Transportation
Security Administration is well-placed to act as a best-
practices and risk assessment facilitator for the aviation
community. This legislation will ensure that efforts in this
regard are risk-based, intelligence-driven, and reflective of
the changing threat landscape facing aviation security.
Hearings
No hearings were held on H.R. 5056,, 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 April 28, 2016, to consider H.R. 5056,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by unanimous
consent.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 5056.
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.
5056, the Airport Perimeter and Access Control 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, May 17, 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. 5056, the Airport
Perimeter and Access Control 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. 5056--Airport Perimeter and Access Control Security Act of 2016
H.R. 5056 would require the Administrator of the
Transportation Security Administration (TSA) to update certain
risk assessments related to security at airports, particularly
along airport perimeters and points of access to secure areas.
The bill would require the agency to report to the Congress on
those risk assessments and update the agency's strategic plan
related to security measures at airports.
According to TSA, many of the requirements specified in
H.R. 5056 are largely consistent with current administrative
policy. As a result, CBO estimates that any increased spending
by TSA to meet the bills requirements would total less than
$500,000 annually; any such spending would be subject to the
availability of appropriated funds.
Enacting H.R. 5056 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 5056 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 5056 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
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. 5056 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The legislation requires a report to the relevant
Congressional Committees concerning the updated risk
assessments required within the bill.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5056 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. 5056 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5056 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
``Airport Perimeter and Access Control Security Act of 2016''.
Sec. 2. Risk Assessments of Airport Security.
This section requires the Administrator of the
Transportation Security Administration (TSA) to provide an
aviation sector update to the Transportation Sector Security
Risk Assessment (TSSRA) no later than 60 days after the
enactment of this Act. No more than 90 days after the enactment
of the Act, the Administrator must also provide an update with
the latest and most up-to-date intelligence information
pertaining to the Risk Assessment of Airport Security in
addition to determining a timeframe for when further updates to
the Risk Assessment of Airport Security will occur. No more
than 90 days after the Act's enactment, a system-wide
assessment of airport access control points and airport
perimeter security must also occur.
The security risk assessment shall include those updates
reflected in the findings of both the TSSRA and Joint
Vulnerability Assessment (JVA), including changes to the risk
environment pertaining to airport access control points and
airport perimeters. The assessment shall also utilize security
data for analysis of system-wide trends related to airport
access control points and airport perimeter security so as to
better inform risk management decisions. Finally, the
assessment shall take into consideration the geographic and
current best practices utilized by airports to help mitigate
potential vulnerabilities. The results of the risk assessments
shall be reported by the TSA Administrator to the Committee on
Homeland Security of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Commerce, Science, and Transportation
of the Senate, relevant agencies and departments, and airport
operators.
Sec. 3. Airport Security Strategy Development.
No more than 90 days after the enactment of this Act, the
TSA Administrator must provide an update to the 2012 National
Strategy for Airport Perimeter and Access Control Security,
also referred to as the National Strategy. This updated
National Strategy shall include all information from the Risk
Assessment of Airport Security as well as information
pertaining to airport security-related activities, the status
of TSA efforts to address the goals and objectives outlined in
subsection (a) of the Act, finalized outcome-based performance
measures and performance levels for each relevant goal and
objective listed under subparagraphs (A) and (B) of the Act,
and input from airport operators.
Finally, not more than 90 days after the update in
subsection (a) of the Act is completed, the TSA Administrator
must implement a process for determining when additional
updates to the strategy will be needed.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 5056 makes no changes to existing law.
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