[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.

                                  [all]