[House Report 115-497]
[From the U.S. Government Publishing Office]



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115th Congress    }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {      115-497
======================================================================



 
               GLOBAL AVIATION SYSTEM SECURITY REFORM ACT
                                OF 2017

                                _______
                                

January 9, 2018.--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. 4559]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4559) to conduct a global aviation security 
review, 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..............................................     2
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     5
Committee Votes..................................................     5
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............     5
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    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 ``Global Aviation System Security Reform 
Act of 2017''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Administration.--The term ``Administration'' means the 
        Transportation Security Administration.
          (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
          (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.

SEC. 3. GLOBAL AVIATION SECURITY REVIEW.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall conduct a global 
aviation security review to address improving aviation security 
standards, including standards intended to mitigate cybersecurity 
threats, across the global aviation system.
  (b) Composition.--The global aviation security review established 
under subsection (a) shall include input from the following entities:
          (1) The Office of Global Strategies of the Administration.
          (2) The Office of Intelligence and Analysis of the 
        Administration.
          (3) The Office of Security Policy and Industry Engagement of 
        the Administration.
  (c) Coordination.--The Administrator shall coordinate with the 
following entities on the global aviation security review:
          (1) U.S. Customs and Border Protection.
          (2) The Office of International Engagement of the Department 
        of Homeland Security.
          (3) The Department of State.
          (4) Any other relevant office or agency of the Federal 
        government, as determined by the Administrator.
  (d) Best Practices.--The global aviation security review shall 
establish best practices regarding the following:
          (1) Collaborating with foreign partners to improve global 
        aviation security capabilities and standards.
          (2) Identifying foreign partners that have not successfully 
        implemented security protocols from the International Civil 
        Aviation Organization or the Department of Homeland Security 
        and have not taken steps to implement such security protocols.
          (3) Improving the development, outreach, and implementation 
        process for security directives or emergency amendments, as the 
        case may be, issued to domestic and foreign air carriers.
          (4) Assessing the cybersecurity and cyber espionage risk of 
        security screening equipment.

SEC. 4. REPORT TO CONGRESS.

  (a) Progress Report.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator shall report to the 
appropriate congressional committees on the organization, development, 
and progress of the global aviation security review required under 
section 3.
  (b) Final Report.--Not later than 240 days after the date of the 
enactment of this Act, the Administrator shall submit to the 
appropriate congressional committees a report on best practices 
identified by the global aviation security review required under 
section 3 and the actions the Administrator has taken to implement such 
best practices.

                          Purpose and Summary

    The purposes of H.R. 4559 is to conduct a global aviation 
security review by improving global aviation security 
standards. This legislation directs the Administrator of the 
Transportation Security Administration (TSA) to conduct a 
comprehensive review of aviation security implementation and 
challenges across the global aviation system. Specifically, 
this review cuts across multiple offices and components of the 
Department of Homeland Security (DHS), as well as relevant 
partner agencies of the Federal Government. The goal of this 
legislation is to improve coordination and outreach both within 
the United States government and with foreign partners 
regarding improvements to aviation security.

                  Background and Need for Legislation

    Over the last several months, the Department of Homeland 
Security and the Transportation Security Administration have 
been engaged in efforts to raise the global baseline of 
aviation security, out of stark concerns for the aviation 
threat landscape posed particularly towards international 
inbound civil aviation. A key goal in mitigating the threat to 
aviation security is working more effectively to improve 
security at overseas Last Point of Departure (LPD) airports and 
engaging in efforts to raise security standards at airports 
across the globe.

                                Hearings


114th Congress

    On July 16, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``Examining the Federal Air 
Marshal Service and Its Readiness to Meet the Evolving 
Threat.'' The Subcommittee received testimony from Mr. Roderick 
``Rod'' Allison, Assistant Administrator, Office of Law 
Enforcement, Federal Air Marshal Service, Transportation 
Security Administration, U.S. Department of Homeland Security; 
and Capt. Tim Canoll (Ret. Naval Reserve), President, Air Line 
Pilots Association.
    On December 8, 2015, the Subcommittee on Transportation 
Securityheld a hearing 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 P. Terrell, 
Deputy Assistant Administrator, Office of Global Strategies, 
Transportation Security Administration, U.S. Department of 
Homeland Security.
    On January 7, 2016, the Subcommittee on Transportation 
Securityheld a hearing entitled ``Transportation Security 
Acquisition Reform Act: Examining Remaining Challenges.'' The 
Subcommittee received testimony from Mr. Steven Wallen, 
Director, Explosives Division, Homeland Security Advanced 
Research Projects Agency, Science and Technology Directorate, 
U.S. Department of Homeland Security; Ms. Jill Vaughan, 
Assistant Administrator, Office of Security Technologies, 
Transportation Security Administration, U.S. Department of 
Homeland Security; Ms. Michele Mackin, Director, Office 
Acquisition and Sourcing Management, U.S. Government 
Accountability Office; and Mr. TJ Schulz, Executive Director, 
Security Manufacturers Coalition.
    On March 2, 2016, the Subcommittee on Transportation 
Securityheld a hearing entitled ``The Transportation Security 
Administration's FY2017 Budget Request.'' The Subcommittee 
received testimony from Hon. Peter V. Neffenger, Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security.
    On May 17, 2016, the Subcommittee on Transportation 
Security held a hearing entitled ``Flying Blind: What are the 
security risks of resuming U.S. Commercial Air Service to 
Cuba?'' The Subcommittee received testimony from Mr. Larry 
Mizell, TSA Representative, Transportation Security 
Administration, U.S. Department of Homeland Security; Mr. Paul 
Fujimura, Assistant Administrator, Office of Global Strategies, 
U.S. Department of Homeland Security; Mr. John Wagner, Deputy 
Executive Assistant Commissioner, Customs and Border 
Protection, U.S. Department of Homeland Security; Mr. Seth 
Stodder, Assistant Secretary of Homeland Security, Border, 
Immigration and Trade Policy, U.S. Department of Homeland 
Security; and Mr. Kurt Tong, Principal Deputy Assistant 
Secretary, Bureau of Economic and Business Affairs, U.S. 
Department of State.

115th Congress

    On April 27, 2017, the Subcommittee on Transportation and 
Protective Security held a hearing entitled ``Checkpoint of the 
Future: Evaluating TSA's Innovation Task Force Initiative'' The 
Subcommittee received testimony from Mr. Steve Karoly, Acting 
Assistant Administrator, Office of Requirements and 
Capabilities Analysis, Transportation Security Administration, 
U.S. Department of Homeland Security; Mr. Roosevelt Council, 
Jr., General Manager, Hatsfield-Jackson Atlanta International 
Airport, Department of Aviation, City of Atlanta, Georgia; Ms. 
Jeanne M. Olivier, A.A.E., Assistant Director, Aviation 
Security & Technology, Security Operations and Programs 
Department, The Port Authority of New York and New Jersey.
    On July 25, 2017, the Subcommittee on Transportation and 
Protective Security held a hearing entitled ``Securing Air 
Cargo: Industry Perspectives.'' The Subcommittee received 
testimony from Mr. Stephen A. Alterman, President, Cargo 
Airline Association; Mr. Brandon Fried, Executive Director, 
Airforwarders Association; Mr. Michael C. Mullen, Executive 
Director, Express Association of America; and Mr. Bart Elias, 
Specialist in Aviation Policy, Resources, Science and Industry 
Division, Congressional Research Service, Library of Congress.
    On September 26, 2017, the Subcommittee on Transportation 
and Protective Security held a hearing entitled ``Raising the 
Standard: DHS's Efforts to Improve Aviation Security Around the 
Globe.'' The Subcommittee received testimony from Mr. Craig 
Lynes, Director of Global Compliance, Office of Global 
Strategies, Transportation Security Administration, U.S. 
Department of Homeland Security; Mr. Todd C. Owen, Executive 
Assistant Commissioner, Office of Field Operations, Customs and 
Border Protection, U.S. Department of Homeland Security; and 
Ms. Jennifer Grover, Director, Homeland Security and Justice, 
U.S. Government Accountability Office.
    On October 3, 2017, the Subcommittee on Intergovernmental 
Affairs of the Committee on Oversight and Government Reform and 
the Subcommittee on Transportation and Protective Security held 
a joint hearing entitled ``Innovations in Security: Examining 
the Use of Canines.'' The Subcommittees received testimony from 
Mr. Scott Smith, Lieutenant, Orlando Police Department, 
Orlando, Florida; Ms. Cynthia M. Otto, Director, Penn Vet 
Working Dog Center, School of Veterinary Medicine, University 
of Pennsylvania; Ms. Sheila Goffe, Vice President of Government 
Relations, American Kennel Club.
    On November 8, 2017, the Full Committee held a hearing 
entitled ``Preventing the Next Attack: TSA's Role in Keeping 
Our Transportation Systems Secure.'' The Committee received 
testimony from Hon. David P. Pekoske, Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security.

                        Committee Consideration

    The Committee met on December 13, 2017, to consider H.R. 
4559, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendment was offered:

 An amendment offered by Mr. Lengevin (#1); was AGREED TO by 
voice vote.
     In section 3(a), insert ``, including standards intended to 
mitigate cybersecurity threats,'' after ``standards''.

                            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. 4559.

                      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. 
4559, the Global Aviation System Security Reform Act of 2017, 
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. 4559 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation requires a review to be conducted within 
180 days of enactment and derive best practices from the 
review. The legislation also requires a report to Congress at 
90 and 240 days respectably.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4559 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. 4559 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4559 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 
``Global Aviation System Security Reform Act of 2017''.

Sec. 2.   Definitions.

    This section defines the terms used in this act including: 
``Administration''; ``Administrator'; and ``Appropriate 
Congressional committees''.

Sec. 3.   Global Aviation Security Review.

    This section establishes a global aviation security review 
by the Administrator not later than 180 days after enactment to 
address improving security standards across the global aviation 
security system. The review must include input from TSA's 
Office of Global Strategies, Office of Intelligence and 
Analysis, and Office of Security Policy and Industry Engagement 
in coordination with U.S. Customs and Border Protection, the 
DHS Office of International Engagement, the Department of 
State, and any other relevant office or agency of the Federal 
Government.
    This section directs that the review shall establish best 
practices regarding collaboration with foreign partners, 
challenges in the implementation of ICAO standards among 
foreign partners, improvement of security protocol outreach, 
and assessments of cybersecurity risks for screening equipment.

Sec. 4.   Report to Congress.

    This section requires that the Administrator report to the 
relevant Congressional committees on the progress of the review 
and then submit a final report on the best practices identified 
by the review not later than 90 and 240 days respectably.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 4559 makes no changes to existing law.

                                  [all]