,,ii #aadth ,,congress #ast ,session ,s4 #bcfa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #g1 #bjae ,mr4 ,thune 7for himself1 ,mr4 ,nelson1 ,ms4 ,ayotte1 and ,ms4 ,cantwell7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to enhance airport security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,airport ,security ,enhancement and ,oversight ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,a number of recent airport security breaches in the ,united ,states have involved the use of ,secure ,identification ,display ,area 7referred to in this section as ,,sida7 badges1 the credentials used by airport and airline workers to access the secure areas of an airport4 7#b7 ,in ,december #bjad1 a ,delta ramp agent at ,hartsfield-,jackson ,atlanta ,international ,airport was charged with using his ,,sida badge to bypass airport security checkpoints and facilitate an interstate gun smuggling operation over a number of months via commercial aircraft4 7#c7 ,in ,january #bjae1 an ,atlanta-based ,aviation ,safety ,inspector of the ,federal ,aviation ,administration used his ,,sida badge to bypass airport security checkpoints and transport a firearm in his carry-on luggage4 7#d7 ,in ,february #bjae1 a local news investigation found that over #a1jjj ,,sida badges at ,hartsfield-,jackson ,atlanta ,international ,airport were lost or missing4 7#e7 ,in ,march #bjae1 and again in ,may #bjae1 ,transportation ,security ,administration 7referred to in this section as the ,administration7 contractors were indicted for participating in a drug smuggling ring using luggage passed through the secure area of the ,san ,francisco ,international ,airport4 7#f7 ,the ,administration has indicated that it does not maintain a list of lost or missing ,,sida badges1 and instead relies on airport operators to track airport worker credentials4 7#g7 ,the ,administration rarely uses its enforcement authority to fine airport operators that reach a certain threshold of missing ,,sida badges4 7#h7 ,in ,april #bjae1 the ,aviation ,security ,advisory ,committee issued #bh recommendations for improvements to airport access control4 7#i7 ,in ,june #bjae1 the ,inspector ,general of the ,department of ,homeland ,security reported that the ,administration did not have all relevant information regarding #gc airport workers who had records in ,united ,states intelligence-related databases because the ,administration was not authorized to receive all terrorism-related information under current interagency watchlisting policy4 7#aj7 ,the ,inspector ,general also found that the ,administration did not have appropriate checks in place to reject incomplete or inaccurate airport worker employment investigations1 including criminal history record checks and work authorization verifications1 and had limited oversight over the airport operators that the ,administration relies on to perform criminal history and work authorization checks for airport workers4 7#aa7 ,there is growing concern about the potential insider threat at airports in light of recent terrorist activities4 #c4 ,definitions 7a7 ,administration ,the term ,administration means the ,transportation ,security ,administration4 7b7 ,administrator ,the term ,administrator means the ,administrator of the ,transportation ,security ,administration4 7c7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#c7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7d7 ,,asac ,the term ,,asac means the ,aviation ,security ,advisory ,committee established under section #ddidf of title #di1 ,united ,states ,code4 7e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7f7 ,,sida ,the term ,,sida means ,secure ,identification ,display ,area as defined in section #aedj4e of title #di1 ,code of ,federal ,regulations1 or any successor regulation to such section4 #d4 ,threat assessment 7a7 ,insider threats 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall conduct or update an assessment to determine the level of risk posed to the domestic air transportation system by individuals with unescorted access to a secure area of an airport 7as defined in section #ddijc7;j77#b77;,h77 in light of recent international terrorist activity4 7#b7 ,considerations ,in conducting or updating the assessment under paragraph 7#a71 the ,administrator shall consider-- 7,a7 domestic intelligence2 7,b7 international intelligence2 7,c7 the vulnerabilities associated with unescorted access authority granted to domestic airport operators and air carriers1 and their employees2 7,d7 the vulnerabilities associated with unescorted access authority granted to foreign airport operators and air carriers1 and their employees2 7,e7 the processes and practices designed to mitigate the vulnerabilities associated with unescorted access privileges granted to airport operators and air carriers1 and their employees2 7,f7 the recent security breaches at domestic and foreign airports2 and 7,g7 the recent security improvements at domestic airports1 including the implementation of recommendations made by relevant advisory committees4 7b7 ,reports to ,congress ,the ,administrator shall submit to the appropriate committees of ,congress-- 7#a7 a report on the results of the assessment under subsection 7a71 including any recommendations for improving aviation security2 7#b7 a report on the implementation status of any recommendations made by the ,,asac2 and 7#c7 regular updates about the insider threat environment as new information becomes available and as needed4 #e4 ,oversight 7a7 ,enhanced requirements 7#a7 ,in general ,subject to public notice and comment1 and in consultation with airport operators1 the ,administrator shall update the rules on access controls issued by the ,secretary under chapter #ddi of title #di1 ,united ,states ,code4 7#b7 ,considerations ,as part of the update under paragraph 7#a71 the ,administrator shall consider-- 7,a7 increased fines and advanced oversight for airport operators that report missing more than #e percent of credentials for unescorted access to any ,,sida of an airport2 7,b7 best practices for ,category ,x airport operators that report missing more than #c percent of credentials for unescorted access to any ,,sida of an airport2 7,c7 additional audits and status checks for airport operators that report missing more than #c percent of credentials for unescorted access to any ,,sida of an airport2 7,d7 review and analysis of the prior #e years of audits for airport operators that report missing more than #c percent of credentials for unescorted access to any ,,sida of an airport2 7,e7 increased fines and direct enforcement requirements for both airport workers and their employers that fail to report within #bd hours an employment termination or a missing credential for unescorted access to any ,,sida of an airport2 and 7,f7 a method for termination by the employer of any airport worker that fails to report in a timely manner missing credentials for unescorted access to any ,,sida of an airport4 7b7 ,temporary credentials ,the ,administrator may encourage the issuance by airport and aircraft operators of free one-time1 #bd-;hour temporary credentials for workers who have reported their credentials missing1 but not permanently lost1 stolen1 or destroyed1 in a timely manner1 until replacement of credentials under section #aedb4baa of title #di ,code of ,federal ,regulations is necessary4 7c7 ,notification and report to ,congress ,the ,administrator shall-- 7#a7 notify the appropriate committees of ,congress each time an airport operator reports that more than #c percent of credentials for unescorted access to any ,,sida at a ,category ,x airport are missing or more than #e percent of credentials to access any ,,sida at any other airport are missing2 and 7#b7 submit to the appropriate committees of ,congress an annual report on the number of violations and fines related to unescorted access to the ,,sida of an airport collected in the preceding fiscal year4 #f4 ,credentials 7a7 ,lawful status ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall issue guidance to airport operators regarding placement of an expiration date on each airport credential issued to a non-,united ,states citizen no longer than the period of time during which that non-,united ,states citizen is lawfully authorized to work in the ,united ,states4 7b7 ,review of procedures 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall-- 7,a7 issue guidance for transportation security inspectors to annually review the procedures of airport operators and air carriers for applicants seeking unescorted access to any ,,sida of an airport2 and 7,b7 make available to airport operators and air carriers information on identifying suspicious or fraudulent identification materials4 7#b7 ,inclusions ,the guidance shall require a comprehensive review of background checks and employment authorization documents issued by the ,citizenship and ,immigration ,services during the course of a review of procedures under paragraph 7#a74 #g4 ,vetting 7a7 ,eligibility requirements 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and subject to public notice and comment1 the ,administrator shall revise the regulations issued under section #ddicf of title #di1 ,united ,states ,code1 in accordance with this section and current knowledge of insider threats and intelligence1 to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to a ,,sida of an airport4 7#b7 ,disqualifying criminal offenses ,in revising the regulations under paragraph 7#a71 the ,administrator shall consider adding to the list of disqualifying criminal offenses and criteria the offenses and criteria listed in section #abb4ahc7;a77#d7 of title #ai1 ,code of ,federal ,regulations and section #aegb4ajc of title #di1 ,code of ,federal ,regulations4 7#c7 ,waivers ,in revising the regulations under paragraph 7#a71 the ,administrator shall provide an adequate redress process for an aviation worker subjected to an adverse employment decision1 including removal or suspension of the aviation worker1 due to a disqualifying criminal offense described in this section4 7#d7 ,look back ,in revising the regulations under paragraph 7#a71 the ,administrator shall propose that an individual be disqualified if the individual was convicted1 or found not guilty by reason of insanity1 of a disqualifying criminal offense within #ae years before the date of an individual's application1 or if the individual was incarcerated for that crime and released from incarceration within #e years before the date of the individual's application4 7#e7 ,certifications ,the ,administrator shall require an airport or aircraft operator1 as applicable1 to certify for each individual who receives unescorted access to any ,,sida of an airport that-- 7,a7 a specific need exists for providing that individual with unescorted access authority2 and 7,b7 the individual has certified to the airport or aircraft operator that the individual understands the requirements for possessing a ,,sida badge4 7#f7 ,report to ,congress ,not later than #ij days after the date of enactment1 the ,administrator shall submit to the appropriate committees of ,congress a report on the status of the revision to the regulations issued under section #ddicf of title #di1 ,united ,states ,code1 in accordance with this section4 7#g7 ,rule of construction ,nothing in this subsection may be construed to affect existing aviation worker vetting fees imposed by the ,administration4 7b7 ,recurrent vetting 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator and the ,director of the ,federal ,bureau of ,investigation shall fully implement the ,rap ,back service for recurrent vetting of eligible ,administration-regulated populations of individuals with unescorted access to any ,,sida of an airport4 7#b7 ,requirements ,as part of the requirement in paragraph 7#a71 the ,administrator shall ensure that-- 7,a7 any status notifications the ,administration receives through the ,rap ,back service about criminal offenses be limited to only disqualifying criminal offenses in accordance with the regulations promulgated by the ,administration under section #ddijc of title #di1 ,united ,states ,code1 or other ,federal law2 and 7,b7 any information received by the ,administration through the ,rap ,back service is provided directly and immediately to the relevant airport and aircraft operators4 7#c7 ,report to ,congress ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall submit to the appropriate committees of ,congress a report on the implementation status of the ,rap ,back service4 7c7 ,access to terrorism-,related data ,not later than #cj days after the date of enactment of this ,act1 the ,administrator and the ,director of ,national ,intelligence shall coordinate to ensure that the ,administrator is authorized to receive automated1 real-time access to additional ,terrorist ,identities ,datamart ,environment 7,,tide7 data and any other terrorism related category codes to improve the effectiveness of the ,administration's credential vetting program for individuals that are seeking or have unescorted access to a ,,sida of an airport4 7d7 ,access to ,e-,verify and ,,save programs ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall authorize each airport operator to have direct access to the ,e-,verify program and the ,systematic ,alien ,verification for ,entitlements 7,,save7 automated system to determine the eligibility of individuals seeking unescorted access to a ,,sida of an airport4 #h4 ,metrics 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall develop and implement performance metrics to measure the effectiveness of security for the ,s,i,d,as of airports4 7b7 ,considerations ,in developing the performance metrics under subsection 7a71 the ,administrator may consider-- 7#a7 adherence to access point procedures2 7#b7 proper use of credentials2 7#c7 differences in access point requirements between airport workers performing functions on the airside of an airport and airport workers performing functions in other areas of an airport2 7#d7 differences in access point characteristics and requirements at airports2 and 7#e7 any additional factors the ,administrator considers necessary to measure performance4 #i4 ,inspections and assessments 7a7 ,model and best practices ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,,asac1 shall develop a model and best practices for unescorted access security that-- 7#a7 use intelligence1 scientific algorithms1 and risk-based factors2 7#b7 ensure integrity1 accountability1 and control2 7#c7 subject airport workers to random physical security inspections conducted by ,administration representatives in accordance with this section2 7#d7 appropriately manage the number of ,,sida access points to improve supervision of and reduce unauthorized access to these areas2 and 7#e7 include validation of identification materials1 such as with biometrics4 7b7 ,inspections ,consistent with a risk-based security approach1 the ,administrator shall expand the use of transportation security officers and inspectors to conduct enhanced1 random and unpredictable1 data-driven1 and operationally dynamic physical inspections of airport workers in each ,,sida of an airport and at each ,,sida access point-- 7#a7 to verify the credentials of airport workers2 7#b7 to determine whether airport workers possess prohibited items1 except for those that may be necessary for the performance of their duties1 as appropriate1 in any ,,sida of an airport2 and 7#c7 to verify whether airport workers are following appropriate procedures to access a ,,sida of an airport4 7c7 ,screening review 7#a7 ,in general ,the ,administrator shall conduct a review of airports that have implemented additional airport worker screening or perimeter security to improve airport security1 including-- 7,a7 comprehensive airport worker screening at access points to secure areas2 7,b7 comprehensive perimeter screening1 including vehicles2 7,c7 enhanced fencing or perimeter sensors2 and 7,d7 any additional airport worker screening or perimeter security measures the ,administrator identifies4 7#b7 ,best practices ,after completing the review under paragraph 7#a71 the ,administrator shall-- 7,a7 identify best practices for additional access control and airport worker security at airports2 and 7,b7 disseminate the best practices identified under subparagraph 7,a7 to airport operators4 7#c7 ,pilot program ,the ,administrator may conduct a pilot program at #a or more airports to test and validate best practices for comprehensive airport worker screening or perimeter security under paragraph 7#b74 #aj4 ,covert testing 7a7 ,in general ,the ,administrator shall increase the use of red-team1 covert testing of access controls to any secure areas of an airport4 7b7 ,additional covert testing ,the ,inspector ,general of the ,department of ,homeland ,security shall conduct red-team1 covert testing of airport access controls to the ,,sida of airports4 7c7 ,reports to ,congress 7#a7 ,administrator report ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall submit to the appropriate committee of ,congress a report on the progress to expand the use of inspections and of red-team1 covert testing under subsection 7a74 7#b7 ,inspector ,general report ,not later than #ahj days after the date of enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall submit to the appropriate committee of ,congress a report on the effectiveness of airport access controls to the ,,sida of airports based on red-team1 covert testing under subsection 7b74 #aa4 ,security directives 7a7 ,review ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,administrator1 in consultation with the appropriate regulated entities1 shall conduct a comprehensive review of every current security directive addressed to any regulated entity-- 7#a7 to determine whether the security directive continues to be relevant2 7#b7 to determine whether the security directives should be streamlined or consolidated to most efficiently maximize risk reduction2 and 7#c7 to update1 consolidate1 or revoke any security directive as necessary4 7b7 ,notice ,for each security directive that the ,administrator issues1 the ,administrator shall submit to the appropriate committees of ,congress notice of the extent to which the security directive-- 7#a7 responds to a specific threat or emergency situation2 and 7#b7 when it is anticipated that it will expire4 #ab4 ,implementation report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall-- 7#a7 assess the progress made by the ,administration and the effect on aviation security of implementing the requirements under sections #d through #aa of this ,act2 and 7#b7 report to the appropriate committees of ,congress on the results of the assessment under paragraph 7#a71 including any recommendations4 #ac4 ,miscellaneous amendments 7a7 ,,asac terms of office ,section #ddidf7;c77#b77;,a7 of title #di1 ,united ,states ,code is amended to read as follows3 7,a7 ,terms ,the term of each member of the ,advisory ,committee shall be #b years1 but a member may continue to serve until the ,assistant ,secretary appoints a successor4 ,a member of the ,advisory ,committee may be reappointed4 4 7b7 ,feedback ,section #ddidf7;b77#e7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#e7 ,feedback ,not later than #ij days after receiving recommendations transmitted by the ,advisory ,committee under paragraph 7#b7 or paragraph 7#d71 the ,assistant ,secretary shall respond in writing to the ,advisory ,committee with feedback on each of the recommendations1 an action plan to implement any of the recommendations with which the ,assistant ,secretary concurs1 and a justification for why any of the recommendations have been rejected4 4