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114th Congress  }                                         {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                         {    114-653

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



 
       AIRPORT PERIMETER AND ACCESS CONTROL SECURITY ACT OF 2016

                                _______
                                

  July 1, 2016.--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. 5056]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5056) to modernize and enhance airport perimeter 
and access control security by requiring updated risk 
assessments and the development of security strategies, and for 
other purposes, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    The purpose of H.R. 5056 is to modernize and enhance 
airport perimeter and access control security by requiring 
updated risk assessments and the development of security 
strategies, and for other purposes.

                  Background and Need for Legislation

    This legislation seeks to bolster perimeter security and 
access controls at domestic airports by requiring the 
Transportation Security Administration to update relevant risk 
assessments and leveraging system-wide incident reporting to 
analyze trends contributing to the threat environment. The 
Committee believes that the state of access controls at 
domestic airports is in need of direct and thorough scrutiny in 
order to mitigate perimeter breaches and insider threats to 
aviation security. Given varying resources and challenges faced 
by airports across the United States, the Transportation 
Security Administration is well-placed to act as a best-
practices and risk assessment facilitator for the aviation 
community. This legislation will ensure that efforts in this 
regard are risk-based, intelligence-driven, and reflective of 
the changing threat landscape facing aviation security.

                                Hearings

    No hearings were held on H.R. 5056,, however the Committee 
held the following oversight hearings:
    On February 3, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``A Review of Access Control 
Measures at Our Nation's Airports.'' The Subcommittee received 
testimony from Mr. Mark Hatfield, Acting Deputy Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security; Mr. Doug Perdue, Deputy Assistant Director, 
Counterterrorism Division, Federal Bureau of Investigation, 
U.S. Department of Justice; Ms. Sharon L. Pinkerton, Senior 
Vice President, Legislative and Regulatory Policy, Airlines for 
America; and Mr. Miguel Southwell, General Manager, Hartsfield-
Jackson Atlanta International Airport.
    The Subcommittee on Transportation Security continued its 
hearing on April 30, 2015, with a hearing entitled ``A Review 
of Access Control Measures at Our Nation's Airports, Part II.'' 
The Subcommittee received testimony from Mr. Melvin J. 
Carraway, Acting Administrator, Transportation Security 
Administration, U.S. Department of Homeland Security; Jeanne M. 
Olivier, A.A.E., Assistant Director, Aviation Security and 
Technology, Security Operations and Programs Department, The 
Port Authority of New York & New Jersey, testifying on behalf 
of The American Association of Airport Executives; and Mr. 
Steven Grossman, Chief Executive Officer/Executive Director, 
Jacksonville International Airport, Jacksonville Aviation 
Authority, testifying on behalf of The Airports Council 
International, North America.
    On June 16, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``How TSA Can Improve Aviation 
Worker Vetting.'' The Subcommittee received testimony from Hon. 
John Roth, Inspector General, U.S. Department of Homeland 
Security; Ms. Stacey Fitzmaurice, Deputy Assistant 
Administrator, Office of Intelligence and Analysis, 
Transportation Security Administration, U.S. Department of 
Homeland Security; and Ms. Jennifer Grover, Director, 
Transportation Security and Coast Guard Issues, Homeland 
Security and Justice Team, U.S. Government Accountability 
Office.

112th Congress

    On May 16, 2012, the Subcommittee on Transportation 
Security held a hearing entitled ``Access Control Point 
Breaches at Our Nation's Airports: Anomalies or Systemic 
Failures?'' The Subcommittee received testimony from Mr. John 
P. Sammon, Assistant Administrator, Office of Security Policy 
and Industry Engagement, Transportation Security 
Administration, Department of Homeland Security; Mr. Charles K. 
Edwards, Acting Inspector General, Department of Homeland 
Security; Mr. Mark Crosby, Chief of Public Safety & Security, 
Portland International Airport, testifying on behalf of the 
American Association of Airport Executives; Captain Sean P. 
Cassidy, First Vice President, Air Line Pilots Association, 
International; and Mr. William Swift, Chairman, Airport 
Minority Advisory Council.

                        Committee Consideration

    The Committee met on April 28, 2016, to consider H.R. 5056, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by unanimous 
consent.

                            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. 5056.

                      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. 
5056, the Airport Perimeter and Access Control Security Act of 
2016, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 17, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5056, the Airport 
Perimeter and Access Control Security Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 5056--Airport Perimeter and Access Control Security Act of 2016

    H.R. 5056 would require the Administrator of the 
Transportation Security Administration (TSA) to update certain 
risk assessments related to security at airports, particularly 
along airport perimeters and points of access to secure areas. 
The bill would require the agency to report to the Congress on 
those risk assessments and update the agency's strategic plan 
related to security measures at airports.
    According to TSA, many of the requirements specified in 
H.R. 5056 are largely consistent with current administrative 
policy. As a result, CBO estimates that any increased spending 
by TSA to meet the bills requirements would total less than 
$500,000 annually; any such spending would be subject to the 
availability of appropriated funds.
    Enacting H.R. 5056 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 5056 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 5056 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         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. 5056 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The legislation requires a report to the relevant 
Congressional Committees concerning the updated risk 
assessments required within the bill.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 5056 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

    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.

                        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. 5056 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5056 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 
``Airport Perimeter and Access Control Security Act of 2016''.

Sec. 2.   Risk Assessments of Airport Security.

    This section requires the Administrator of the 
Transportation Security Administration (TSA) to provide an 
aviation sector update to the Transportation Sector Security 
Risk Assessment (TSSRA) no later than 60 days after the 
enactment of this Act. No more than 90 days after the enactment 
of the Act, the Administrator must also provide an update with 
the latest and most up-to-date intelligence information 
pertaining to the Risk Assessment of Airport Security in 
addition to determining a timeframe for when further updates to 
the Risk Assessment of Airport Security will occur. No more 
than 90 days after the Act's enactment, a system-wide 
assessment of airport access control points and airport 
perimeter security must also occur.
    The security risk assessment shall include those updates 
reflected in the findings of both the TSSRA and Joint 
Vulnerability Assessment (JVA), including changes to the risk 
environment pertaining to airport access control points and 
airport perimeters. The assessment shall also utilize security 
data for analysis of system-wide trends related to airport 
access control points and airport perimeter security so as to 
better inform risk management decisions. Finally, the 
assessment shall take into consideration the geographic and 
current best practices utilized by airports to help mitigate 
potential vulnerabilities. The results of the risk assessments 
shall be reported by the TSA Administrator to the Committee on 
Homeland Security of the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Commerce, Science, and Transportation 
of the Senate, relevant agencies and departments, and airport 
operators.

Sec. 3.   Airport Security Strategy Development.

    No more than 90 days after the enactment of this Act, the 
TSA Administrator must provide an update to the 2012 National 
Strategy for Airport Perimeter and Access Control Security, 
also referred to as the National Strategy. This updated 
National Strategy shall include all information from the Risk 
Assessment of Airport Security as well as information 
pertaining to airport security-related activities, the status 
of TSA efforts to address the goals and objectives outlined in 
subsection (a) of the Act, finalized outcome-based performance 
measures and performance levels for each relevant goal and 
objective listed under subparagraphs (A) and (B) of the Act, 
and input from airport operators.
    Finally, not more than 90 days after the update in 
subsection (a) of the Act is completed, the TSA Administrator 
must implement a process for determining when additional 
updates to the strategy will be needed.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 5056 makes no changes to existing law.

                                  [all]