[House Report 117-123]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-123
======================================================================
ONE-STOP PILOT PROGRAM ACT OF 2021
_______
September 17, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 4094]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4094) to conduct a pilot program at foreign last
point of departure airports to permit passengers and their
accessible property to continue on additional flights or flight
segments originating in the United States without additional
security re-screening, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends 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..................................... 4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 5
Federal Mandates Statement....................................... 5
Duplicative Federal Programs..................................... 5
Statement of General Performance Goals and Objectives............ 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 6
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 ``One-Stop Pilot Program Act of 2021''.
SEC. 2. PILOT PROGRAM FOR ONE-STOP SECURITY.
(a) In General.--Notwithstanding 44901(a) of title 49, United States
Code, the Administrator of the Transportation Security Administration,
in coordination with U.S. Customs and Border Protection, is authorized
to conduct a pilot program at not more than six foreign last point of
departure airports to permit passengers and their accessible property
arriving on direct flights or flight segments originating at such
participating foreign airports to continue on additional flights or
flight segments originating in the United States without additional
security re-screening if--
(1) the initial screening was conducted in accordance with an
aviation security screening agreement described in subsection
(d);
(2) passengers arriving from participating foreign airports
are unable to access their checked baggage until the arrival at
their final destination; and
(3) upon arrival in the United States, passengers arriving
from participating foreign airports do not come into contact
with other arriving international passengers or those
passengers' property or other persons who have not been
screened or subjected to other appropriate security controls
required for entry into the airport's sterile area.
(b) Requirements for Pilot Program.--In carrying out this section,
the Administrator shall ensure there is no reduction in the level of
security or specific aviation security standards or requirements for
screening passengers and their property prior to boarding an
international flight bound for the United States, including specific
aviation security standards and requirements regarding the following:
(1) High risk passengers and their property.
(2) Weapons, explosives, and incendiaries.
(3) Screening passengers and property transferring at a
foreign last point of departure airport from another airport
and bound for the United States, and addressing any co-mingling
of such passengers and property with passengers and property
screened under the pilot program described in subsection (a).
(4) Insider risk at foreign last point of departure airports.
(c) Re-Screening of Checked Baggage.--The Administrator may determine
whether checked baggage arriving from participating foreign airports
referenced in subsection (a) must be re-screened in the United States
by an explosives detection system before such baggage continues on any
additional flight or flight segment.
(d) Aviation Security Screening Agreement Described.--An aviation
security screening agreement described in this subsection is an
agreement signed by the Administrator, without delegating such
authority, and entered into with a foreign country that delineates and
implements security standards and protocols utilized at a foreign last
point of departure airport that are determined by the Administrator to
be comparable to those of the United States and therefore sufficiently
effective to enable passengers and their accessible property to deplane
into sterile areas of airports in the United States without the need
for re-screening.
(e) Re-Screening Requirement.--If the Administrator determines that
the foreign country participating in the aviation security screening
agreement has not maintained and implemented security standards and
protocols comparable to those of the United States at foreign last
point of departure airports at which a pilot program has been
established in accordance with this section, the Administrator shall
ensure that passengers and their property arriving from such airports
are re-screened in the United States before such passengers and their
property are permitted into sterile areas of airports in the United
States. In the case of continued or egregious failure to maintain such
security standards and protocols, the Administrator shall suspend or
terminate the aviation security screening agreement, as determined
appropriate by the Administrator, and shall notify the appropriate
congressional committees of such suspension or termination, as the case
may be, not later than seven days after such suspension or termination.
(f) Certifications and Briefings to Congress.--Not later than 30 days
before an aviation security screening agreement in accordance with
subsection (d) enters into force, the Administrator shall provide to
the appropriate congressional committees the following:
(1) A copy of such agreement.
(2) A homeland security threat assessment for the country in
which such foreign last point of departure airport is located,
information on any corresponding mitigation efforts to address
any security issues identified in such threat assessment, and
the Administrator's plans for ensuring through joint covert
testing or other measures compliance with the security
standards and protocols set forth in such agreement.
(3) A certification that such agreement satisfies all
requirements specified in subsection (b) or, in the event that
one or more of such requirements is not so satisfied, an
identification of the unsatisfied requirement and information
on what actions will be taken to ensure such remaining
requirement is satisfied before such agreement enters into
force.
(4) A certification that the Administrator consulted with
stakeholders, including air carriers, airport operators,
relevant interagency partners, and other stakeholders the
Administrator determines appropriate.
(5) A detailed briefing on the substance of paragraphs (1)
through (4).
(g) Sunset.--The pilot program described in subsection (a) shall
terminate six years after the date of enactment of this section.
(h) Report to Congress.--Not later than five years after the date of
enactment of this section, the Secretary of Homeland Security, in
coordination with the Administrator, shall submit to the appropriate
congressional committees a report regarding the implementation of the
pilot program described in subsection (a), including information
relating to the following:
(1) The impact to homeland security and international
aviation security, including any benefits and challenges, of
such pilot program.
(2) The impact to passengers, airports, and air carriers,
including any benefits and challenges, of such pilot program.
(3) The impact and feasibility of continuing such pilot
program or expanding into a more permanent program, including
any benefits and challenges.
(i) Rule of Construction.--Nothing in this section may be construed
as limiting the authority of U.S. Customs and Border Protection to
inspect persons and baggage arriving in the United States in accordance
with applicable law.
(j) Definitions.--In this section:
(1) Administration; tsa.--The terms ``Administration'' and
``TSA'' mean 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--
(A) the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate.
PURPOSE AND SUMMARY
H.R. 4094, the ``One-Stop Pilot Program Act of 2021,''
directs the Transportation Security Administration (TSA) to
establish a multi-year pilot program to develop ``one-stop''
screening procedures at no more than six foreign last point of
departure (LPD) airports. The program would allow international
passengers on direct flights to the United States originating
from participating LPD airports to continue on to connecting
flights upon arrival in the United States without re-screening
by TSA. TSA would be required to determine that security
screening standards and procedures at participating LPD
airports are comparable to TSA security screening measures.
The bill requires TSA to provide certifications and
briefings to Congress on key aspects of the pilot program. In
addition, the Secretary of Homeland Security must report to the
appropriate congressional committees on the pilot program's
implementation and the feasibility of a permanent program.
BACKGROUND AND NEED FOR LEGISLATION
TSA's mission to facilitate the movement of people and
commerce securely requires the agency to identify opportunities
to maximize operational efficiency. The pilot program
authorized by H.R. 4094 directs TSA to explore new approaches
to streamlining passenger screening and drive security
improvements at foreign LPD airports. Under current law, TSA is
required to re-screen passengers and their property arriving on
international flights to the United States before they are
permitted to board a connecting domestic flight. In practice,
this means passengers arriving from overseas must proceed
through a TSA checkpoint and have their luggage screened by TSA
before boarding a flight to their final destination. The pilot
program required under this legislation seeks to create a
``one-stop'' screening experience for certain travelers
arriving from participating foreign airports. There are a
number of potential benefits to this approach. For
participating passengers, air travel to the U.S. could be more
convenient as they would be able to proceed directly to their
connecting flight once they land in the United States without
needing to complete the re-screening process. Air carriers
could realize staffing efficiencies at airports and shorten
connection times, potentially creating economic advantages for
an industry heavily battered by the COVID-19 pandemic. Finally,
the pilot program could help free up screening resources for
TSA as domestic passenger volume begins its recovery.
Most importantly, the pilot program authorized by this bill
will enhance TSA's work to improve security standards at
foreign LPD airports. TSA already works closely with foreign
airports and governments to ensure strong security measures are
in place at last points of departure to the United States. The
pilot program authorized under this legislation will enhance
these efforts by offering benefits to participating foreign
airports that adopt and maintain security standards and
protocols comparable to those of the United States, further
moving the needle on global aviation security.
Ahead of the Committee's consideration of H.R. 4094,
bipartisan negotiations and conversations with TSA and aviation
stakeholders yielded important changes to the bill to ensure
robust security and reporting guardrails are integrated into
the pilot program from the outset to support the pilot's
success.
HEARINGS
For the purposes of clause 3(c)(6) of rule XIII of the
Rules of the House of Representatives, the following hearings
were used to develop H.R. 4094:
The Committee did not hold a legislative hearing on H.R.
4094 in the 117th Congress.
COMMITTEE CONSIDERATION
The Committee met on July 28, 2021, a quorum being present,
to consider H.R. 4094 and ordered the measure to be favorably
reported to the House, as amended, by voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII 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. 4094.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X, are incorporated in the descriptive portions of this
report.
CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT
AUTHORITY, AND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII and section 308(a) of the Congressional Budget Act of
1974, and with respect to the requirements of clause 3(c)(3) of
rule XIII and section 402 of the Congressional Budget Act of
1974, the Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
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.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4094 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the objective of
H.R. 4094 is to establish a ``one-stop'' security screening
pilot program to allow passengers and their accessible property
on certain international inbound flights to deplane directly
into the sterile area of an airport upon arrival in the United
States without needing to be re-screened in order to improve
global aviation security and TSA's operational efficiency.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI, this bill, as reported,
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
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 H.R. 4094 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 states that the Act may be cited as the ``One-
Stop Pilot Program Act of 2021''.
Sec. 2. Pilot Program for One-Stop Security.
Subsection (a) authorizes the TSA Administrator to conduct,
in coordination with Customs and Border Protection, a pilot
program at no more than six foreign LPD airports to allow
passengers and their property on international inbound flights
from those airports to continue on to their connecting flight
or flight segments upon arrival in the United States without
needing to be re-screened if certain requirements are met.
For the above to take place, the subsection requires that:
1. the initial screening of passengers and
property at the LPD airport must be performed
in accordance with an aviation security
agreement established under subsection (d);
2. passengers participating in the pilot
program must not be permitted to access their
checked baggage until they arrive at their
final destination; and
3. upon arrival in the United States,
passengers participating in the pilot program
must not come into contact with any non-
participating international passengers and
their property or other individuals who have
not been appropriately screened for entry into
the sterile area.
Subsection (b) lays out the requirements for the pilot
program. The TSA Administrator must ensure there is no
reduction in the level of security or specific aviation
security standards or requirements for screening passengers and
their property before boarding a flight to the United States
from a participating LPD, including specific aviation security
standards and requirements regarding the following:
1. high-risk passengers and their property;
2. the carriage of prohibited items including
weapons, explosives, and incendiaries;
3. screening passengers and property
transferring from another airport to the
participating LPD and bound for the United
States, and addressing any comingling of these
transferring passengers and their property with
individuals who are participating in the pilot;
and
4. insider risk at participating LPD
airports.
The Committee's intent in this subsection is to ensure the
pilot program does not allow for any reduction in the level of
security or in certain security standards and requirements.
Although the bill provides TSA some flexibilities to carry out
this pilot program, this subsection provides guardrails to
ensure specific security standards and requirements are upheld
in certain areas, such as those in place regarding the
screening of selectee and other watchlisted passengers and the
screening of small knives and other prohibited items, for
example.
Subsection (c) permits the TSA Administrator to determine
whether checked baggage arriving from a participating LPD must
be re-screened in the United States by an explosives detection
system before being permitted on further flights.
Subsection (d) details the aviation security screening
agreements that form the basis of the pilot program to allow
passengers to deplane immediately into the arrival airport's
sterile area. The agreements must be signed by the
Administrator and authority to do so cannot be delegated. The
agreements must delineate and implement security standards and
protocols at foreign LPD airports that are comparable, as
determined by the TSA Administrator, to those utilized in the
United States.
Subsection (e) requires the TSA Administrator to ensure the
re-screening of any passengers and property arriving from a
participating LPD airport if the Administrator determines the
foreign country party to the aviation security agreement
established in subsection (d) has not maintained and
implemented the required comparable security standards and
protocols.
In addition, the Administrator must suspend or terminate an
aviation security screening agreement with the foreign country
if there is continued or egregious failure by that country to
maintain the necessary security standards and protocols. The
Administrator shall notify Congress of the suspension or
termination of the agreement no later than 7 days after the
action is taken.
Subsection (f) details required certifications and
briefings to Congress on the aviation security screening
agreements described in subsection (d). Not later than 30 days
before an aviation security screening agreement in accordance
with subsection (d) enters into force, the TSA Administrator
must provide to the appropriate congressional committees the
following:
1. a copy of the agreement;
2. a homeland security threat assessment for
the country in which the participating LPD
airport is located, information on mitigation
efforts to correspond to any security issues
identified as part of the homeland security
threat assessment, and TSA's plans to ensure
compliance with the security standards and
protocols set forth in the agreement through
joint covert testing or other measures;
3. a certification that the aviation security
screening agreement satisfies all of the
requirements set forth in subsection (b), or
the identification of any unsatisfied
requirements and information on how the
requirements will be satisfied before the
agreement enters into force;
4. a certification that the TSA Administrator
engaged aviation stakeholders, interagency
partners, and others that the Administrator
deemed appropriate on the agreement; and
5. a briefing to Congress on items 1-4 listed
above.
Subsection (g) directs that the pilot program will
terminate 6 years after the date of enactment of the
legislation.
Subsection (h) requires the Secretary of Homeland Security,
in coordination with the TSA Administrator, to submit a report
to the appropriate congressional committees no later than 5
years after enactment with information on the implementation of
the pilot program, including information on the following:
1. the impacts, benefits, and challenges of
the pilot program to homeland security and
international aviation security;
2. the impacts, benefits, and challenges of
the pilot program to passengers, airports, and
air carriers; and
3. the impact, feasibility, benefits, and
challenges of continuing the pilot program or
expanding it to make it permanent.
Subsection (i) establishes a rule of construction to
delineate that nothing in section 2 may be construed as
limiting Customs and Border Protection's authority to inspect
passengers and baggage under applicable law.
Subsection (j) defines the terms ``Administration; TSA,''
``Administrator,'' and ``appropriate congressional committees''
for the purposes of the bill.
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