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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.
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