[House Report 117-24]
[From the U.S. Government Publishing Office]


117th Congress  }                                              {   Report
                         HOUSE OF REPRESENTATIVES
 1st Session    }                                              {   117-24

======================================================================



 
                 SECURITY SCREENING DURING COVID-19 ACT

                                _______
                                

 April 30, 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. 1877]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1877) to require the Transportation Security 
Administration to issue a plan to improve security screening 
procedures at airports during the COVID-19 national emergency, 
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.......................................     6
Duplicative Federal Programs.....................................     6
Statement of General Performance Goals and Objectives............     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................     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 ``Security Screening During COVID-19 
Act''.

SEC. 2. PLAN.

  (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator, in coordination with the 
Chief Medical Officer of the Department of Homeland Security, and in 
consultation with the Secretary of Health and Human Services and the 
Director of the Centers for Disease Control and Prevention, shall issue 
and commence implementing a plan to enhance, as appropriate, security 
operations at airports during the COVID-19 national emergency in order 
to reduce risk of the spread of the coronavirus at passenger screening 
checkpoints and among the TSA workforce.
  (b) Contents.--The plan required under subsection (a) shall include 
the following:
          (1) An identification of best practices developed in response 
        to the coronavirus among foreign governments, airports, and air 
        carriers conducting aviation security screening operations, as 
        well as among Federal agencies conducting similar security 
        screening operations outside of airports, including in 
        locations where the spread of the coronavirus has been 
        successfully contained, that could be further integrated into 
        the United States aviation security system.
          (2) Specific operational changes to aviation security 
        screening operations informed by the identification of best 
        practices under paragraph (1) that could be implemented without 
        degrading aviation security and a corresponding timeline and 
        costs for implementing such changes.
  (c) Considerations.--In carrying out the identification of best 
practices under subsection (b), the Administrator shall take into 
consideration the following:
          (1) Aviation security screening procedures and practices in 
        place at security screening locations, including procedures and 
        practices implemented in response to the coronavirus.
          (2) Volume and average wait times at each such security 
        screening location.
          (3) Public health measures already in place at each such 
        security screening location.
          (4) The feasibility and effectiveness of implementing similar 
        procedures and practices in locations where such are not 
        already in place.
          (5) The feasibility and potential benefits to security, 
        public health, and travel facilitation of continuing any 
        procedures and practices implemented in response to the COVID-
        19 national emergency beyond the end of such emergency.
  (d) Consultation.--In developing the plan required under subsection 
(a), the Administrator may consult with public and private stakeholders 
and the TSA workforce, including through the labor organization 
certified as the exclusive representative of full- and part-time non-
supervisory TSA personnel carrying out screening functions under 
section 44901 of title 49, U.S. Code.
  (e) Submission.--Upon issuance of the plan required under subsection 
(a), the Administrator shall submit the plan to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.
  (f) Issuance and Implementation.--The Administrator shall not be 
required to issue or implement, as the case may be, the plan required 
under subsection (a) upon the termination of the COVID-19 national 
emergency except to the extent the Administrator determines such 
issuance or implementation, as the case may be, to be feasible and 
beneficial to security screening operations.
  (g) GAO Review.--Not later than one year after the issuance of the 
plan required under subsection (a) (if such plan is issued in 
accordance with subsection (f)), the Comptroller General of the United 
States shall submit to the Committee on Homeland Security of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a review, if appropriate, of such plan and 
any efforts to implement such plan.
  (h) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
          (2) Coronavirus.--The term ``coronavirus'' has the meaning 
        given such term in section 506 of the Coronavirus Preparedness 
        and Response Supplemental Appropriations Act, 2020 (Public Law 
        116-123).
          (3) COVID-19 national emergency.--The term ``COVID-19 
        national emergency'' means the national emergency declared by 
        the President under the National Emergencies Act (50 U.S.C. 
        1601 et seq.) on March 13, 2020, with respect to the 
        coronavirus.
          (4) Public and private stakeholders.--The term ``public and 
        private stakeholders'' has the meaning given such term in 
        section 114(t)(1)(C) of title 49, United States Code.
          (5) TSA.--The term ``TSA'' means the Transportation Security 
        Administration.

                          PURPOSE AND SUMMARY

    H.R. 1877, the ``Security Screening During COVID-19 Act'' 
directs the Transportation Security Administration (TSA) 
Administrator to issue a plan to enhance security operations 
during the COVID-19 pandemic to reduce the spread of the virus 
at passenger screening checkpoints and among the TSA workforce. 
Under the bill, the TSA Administrator will coordinate with the 
Department of Homeland Security Chief Medical Officer, the 
Department of Health and Human Services, and the Centers for 
Disease Control and Prevention to develop a plan that 
identifies best practices among foreign governments, airports, 
air carriers, and other Federal agencies regarding COVID-19 and 
pinpoints specific operational changes that TSA can make to 
reduce the spread of the coronavirus at checkpoints based on 
those best practices.
    The TSA Administrator would be required to consult with 
stakeholders and the TSA workforce when developing the plan and 
submit the finalized strategy to Congress. A Government 
Accountability Office report on implementation of the plan 
would be due one year after implementation begins.

                  BACKGROUND AND NEED FOR LEGISLATION

    Since early 2020, the COVID-19 pandemic has presented the 
global aviation community with significant challenges 
surrounding the prevention, mitigation, and containment of the 
coronavirus. Throughout the pandemic, foreign governments and 
air travel stakeholders have developed and tested a variety of 
approaches to safeguard travelers from the disease. The current 
moment presents a prime opportunity for the United States to 
learn from its foreign partners by gathering and implementing 
best practices for controlling the virus until the pandemic has 
abated.
    TSA routinely participates in the international exchange of 
information to enhance global aviation security. For example, 
TSA shares its security expertise with foreign nations by 
conducting capacity building and donating screening equipment 
to reduce terrorist threats to aviation and to ensure security 
at last points of departure to the United States. In addition, 
Transportation Security Administration Representatives, TSA 
International Industry Representatives, and TSA Regional 
Operations Centers play a critical role in developing strong 
relationships with foreign and industry partners to relay TSA's 
standards and requirements for aviation security. Further, 
through the United States' membership in international 
organizations such as the International Civil Aviation 
Organization, TSA contributes to the development of guidance 
and recommendations to increase global aviation security on an 
ongoing basis.
    Given the unprecedented challenge of the COVID-19 pandemic 
to today's air travel environment, TSA must capitalize on its 
international partnerships to identify new ways to enhance its 
security operations to contain the coronavirus. H.R. 1877 will 
enable TSA to continue benefitting from global innovation and 
lessons learned while the pandemic persists.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop H.R. 1877:
    The Committee did not hold a legislative hearing on H.R. 
1877 in the 117th Congress. The legislation was informed by a 
hearing held in the 116th Congress on June 18, 2020. The 
Subcommittee on Transportation and Maritime Security received 
testimony from Kevin M. Burke, President and Chief Executive 
Officer, Airports Council International-North America; Sara 
Nelson, International President, Association of Flight 
Attendants-Communications Workers of America; Neema Singh 
Guliani, Senior Legislative Council, American Civil Liberties 
Union; and Victoria Emerson Barnes, Executive Vice President 
for Public Affairs and Policy, U.S. Travel Association.

                        COMMITTEE CONSIDERATION

    The Committee met on March 18, 2021, with a quorum being 
present, to consider H.R. 1877 and ordered the measure to be 
reported to the House with a favorable recommendation, with an 
amendment, by unanimous consent.
    The following amendment was offered and agreed to by 
unanimous consent:
    An amendment offered by Mr. Cleaver.
    In section 2(d), strike ``shall'' and insert ``may''.
    In section 2(f), in the heading, insert ``ISSUANCE AND'' 
before ``IMPLEMENTATION''.
    In section 2(f), strike ``implement'' and insert ``issue or 
implement, as the case may be,''.
    In section 2(f), strike ``implementation'' and insert 
``issuance or implementation, as the case may be,''.
    In section 2(g), strike ``commencement of implementation 
pursuant to subsection (e) of the plan required under 
subsection (a)'' and insert ``issuance of the plan required 
under subsection (a) (if such plan is issued in accordance with 
subsection (f)),''.
    In section 2(g), strike ``a review of such implementation'' 
and insert ``a review, if appropriate, of such plan and any 
efforts to implement such plan''.

                            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. 1877.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, 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 of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee adopts as its 
own the estimate of the estimate of new budget authority, 
entitlement authority, or tax expenditures or revenues 
contained in the cost estimate prepared by the Director of the 
Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 23, 2021.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimates for H.R. 1871, the 
Transportation Security Transparency Improvement Act; H.R. 
1877, the Security Screening During COVID-0919 Act; H.R. 1893, 
the Transportation Security Preparedness Act of 2021; and H.R. 
1895, the Transportation Security Public Health Threat 
Preparedness Act of 2021.
    If you wish further details on those estimates, we will be 
pleased to provide them. The CBO staff contact is Aaron 
Krupkin.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    On March 18, the House Committee on Homeland Security 
ordered reported the following bills:
    H.R. 1871, the Transportation Security Transparency 
Improvement Act, would direct the Transportation Security 
Administration (TSA) to improve the transparency of the 
agency's guidelines for sensitive security information (SSI) 
and international aviation security directives by clearly 
designating SSI, reviewing and updating SSI guidelines, 
coordinating with aviation industry and law enforcement 
personnel, and briefing the Congress.
    H.R. 1877, the Security Screening During COVID-19 
Act, would direct TSA, in consultation with the Department of 
Health and Human Services, to issue and begin implementing a 
plan to reduce the risk of coronavirus transmission at TSA 
checkpoints. The bill also would require the Government 
Accountability Office (GAO) to review that plan.
    H.R. 1893, the Transportation Security Preparedness 
Act of 2021, would direct TSA to survey its workforce and 
report to the Congress regarding the agency's efforts to 
mitigate transmission of the COVID-19 virus among the 
workforce. The bill also would require TSA to develop and 
biennially review a plan for addressing future outbreaks of 
communicable diseases, which would be reviewed by GAO.
    H.R. 1895, the Transportation Security Public 
Health Threat Preparedness Act of 2021, would authorize TSA to 
provide personnel to other federal agencies to coordinate 
efforts to address public health threats to the U.S. 
transportation security system. In addition, the bill would 
require TSA to evaluate and report to the Congress on how well 
prepared the transportation security system is to face public 
health threats.
    Most of the activities required under those bills, other 
than the TSA survey and the reporting requirements for TSA and 
GAO, are similar to those already being planned or implemented 
under current law. Accordingly, and based on the cost of 
similar activities, CBO estimates that the cost of implementing 
each bill would be insignificant over the 2021-2026 period. Any 
spending would be subject to the availability of appropriated 
funds.
    The CBO staff contact for these estimates is Aaron Krupkin. 
The estimates were reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                       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.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 1877 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the objective of H.R. 1877 is to 
enhance aviation security by requiring TSA to examine and 
implement best practices utilized by foreign governments, 
airports, air carriers, and other Federal agencies to contain 
the spread of COVID-19.

                          ADVISORY ON EARMARKS

    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(d), 9(e), or 9(f) of the rule 
XXI.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section states that the Act may be cited as the 
``Security Screening During COVID-19 Act.''

Sec. 2. Plan

    Subsection 2(a) directs the TSA Administrator to coordinate 
with the Department of Homeland Security Chief Medical Officer 
and consult with the Department of Health and Human Services 
and the Centers for Disease Control and Prevention to develop a 
plan within 90 days of enactment to enhance airport security 
operations to reduce the spread of the coronavirus during the 
COVID-19 national emergency.
    Subsection 2(b) states the contents of the plan must 
include identification of the following:
          (1) Best practices used by foreign governments, 
        airports, and airlines to control the virus's spread, 
        including in locations where the spread of the 
        coronavirus has been successfully contained, that could 
        be integrated into the United States' aviation security 
        system. TSA should also examine best practices used by 
        other Federal agencies conducting security screening 
        operations that are similar to TSA's in settings beyond 
        airports.
          (2) Specific changes TSA can make to its aviation 
        security screening operations based on the best 
        practices identified above, the timeline for execution 
        of such changes, and the associated anticipated costs 
        to implement the changes.
    Subsection 2(c) requires TSA to consider the following when 
identifying best practices used by foreign governments, 
airports, air carriers, and other Federal agencies under 
subsection 2(b):
          (1) Current aviation screening procedures that are in 
        use at the security screening location under study, 
        including those implemented specifically in response to 
        the COVID-19 pandemic.
          (2) The volume of passengers and average wait times 
        at the security screening location under examination.
          (3) Public health measures already in place at the 
        security screening location under examination.
          (4) The feasibility and effectiveness of implementing 
        the identified best practices at TSA checkpoints that 
        are not already utilizing them.
          (5) Whether it would be feasible and beneficial to 
        security, public health, and the facilitation of travel 
        for TSA to continue utilizing the changed procedures 
        beyond the end of the COVID-19 national emergency.
    Subsection 2(d) states the TSA Administrator may consult 
with public and private stakeholders and the TSA workforce in 
developing the plan required under subsection (a).
    Subsection 2(e) requires TSA to submit the plan developed 
under subsection 2(a) to Congress once issued.
    Subsection 2(f) states that TSA would not be required to 
issue or implement the plan upon the termination of the COVID-
19 national emergency except to the extent the Administrator 
determines such issuance or implementation to be feasible and 
beneficial to security screening operations.
    Subsection 2(g) requires the Government Accountability 
Office to issue a report to Congress on TSA's plan and its 
implementation within one year of the issuance of the plan.
    Subsection 2(h) defines the terms ``Administrator,'' 
``coronavirus,'' ``COVID-19 national emergency,'' ``public and 
private stakeholders,'' and ``TSA'' for the purposes of the 
bill.