S.Amdt. 3512Senate114th Congress (2015-2017)2nd degree

To enhance airport security, and for other purposes.

Sponsored by John ThuneSen. John Thune (R-SD)
Submitted April 6, 2016

Legislative Activity

Stay on top of the latest movement without scrolling through every action

7 earlier actions
Floor Latest Action

Senate amendment agreed to: Amendment SA 3512 as modified agreed to in Senate by Yea-Nay Vote. 85 - 10. Record Vote Number: 41.(consideration: CR S1781-1785, S1785-1786, S1786-1787, S1793; text as modified: CR S1781-1785)

April 7, 2016

View full timeline
Floor

Senate amendment agreed to: Amendment SA 3512 as modified agreed to in Senate by Yea-Nay Vote. 85 - 10. Record Vote Number: 41.(consideration: CR S1781-1785, S1785-1786, S1786-1787, S1793; text as modified: CR S1781-1785)

April 7, 2016

Floor

Roll call votes on amendments in Senate: Amendment SA 3512 as modified agreed to in Senate by Yea-Nay Vote. 85 - 10. Record Vote Number: 41.(consideration: CR S1781-1785, S1785-1786, S1786-1787, S1793; text as modified: CR S1781-1785)

April 7, 2016

Floor

Considered by Senate. (consideration: CR S1778)

April 7, 2016

Floor

Amendment SA 3512 as modified agreed to in Senate by Yea-Nay Vote. 85 - 10. Record Vote Number: 41. (consideration: CR S1781-1785, S1785-1786, S1786-1787, S1793; text as modified: CR S1781-1785)

April 7, 2016

Floor

Senate amendment submitted

April 6, 2016

Floor

Senate amendment proposed (on the floor): Amendment SA 3512 proposed by Senator Thune to Amendment SA 3464.(consideration: CR S1703)

April 6, 2016

Floor

Senate amendment submitted

April 6, 2016

Floor

Amendment SA 3512 proposed by Senator Thune to Amendment SA 3464. (consideration: CR S1703) To enhance airport security, and for other purposes.

April 6, 2016

Text

Submitted

SA 3512. Mr. THUNE (for himself, Mr. Nelson, Ms. Ayotte, and Ms.
Cantwell) proposed an amendment to amendment SA 3464 submitted by Mr.
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the
Internal Revenue Code of 1986 to permanently extend increased expensing
limitations, and for other purposes; as follows:

At the appropriate place, insert the following:

TITLE ___--TRANSPORTATION SECURITY AND TERRORISM PREVENTION

Subtitle A--Airport Security Enhancement and Oversight Act

SEC. _101. SHORT TITLE.

This subtitle may be cited as the ``Airport Security
Enhancement and Oversight Act''.

SEC. _102. FINDINGS.

Congress makes the following findings:
(1) A number of recent airport security breaches in the
United States have involved the use of Secure Identification
Display Area (referred to in this section as ``SIDA'')
badges, the credentials used by airport and airline workers
to access the secure areas of an airport.
(2) In December 2014, 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 aircraft.
(3) In January 2015, 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 luggage.
(4) In February 2015, a local news investigation found that
over 1,000 SIDA badges at Hartsfield-Jackson Atlanta
International Airport were lost or missing.
(5) In March 2015, and again in May 2015, Transportation
Security Administration contractors were indicted for
participating in a drug smuggling ring using luggage passed
through the secure area of the San Francisco International
Airport.
(6) The Administration has indicated that it does not
maintain a list of lost or missing SIDA badges, and instead
relies on airport operators to track airport worker
credentials.
(7) The Administration rarely uses its enforcement
authority to fine airport operators that reach a certain
threshold of missing SIDA badges.
(8) In April 2015, the Aviation Security Advisory Committee
issued 28 recommendations for improvements to airport access
control.
(9) In June 2015, the Inspector General of the Department
of Homeland Security reported that the Administration did not
have all relevant information regarding 73 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 policy.
(10) The Inspector General also found that the
Administration did not have appropriate checks in place to
reject incomplete or inaccurate airport worker employment
investigations, including criminal history record checks and
work authorization verifications, and had limited oversight
over the airport operators that the Administration relies on
to perform criminal history and work authorization checks for
airport workers.
(11) There is growing concern about the potential insider
threat at airports in light of recent terrorist activities.

SEC. _103. DEFINITIONS.

In this subtitle:
(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 committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(4) ASAC.--The term ``ASAC'' means the Aviation Security
Advisory Committee established under section 44946 of title
49, United States Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) SIDA.--The term ``SIDA'' means Secure Identification
Display Area as defined in section 1540.5 of title 49, Code
of Federal Regulations, or any successor regulation to such
section.

[[Page S1767]]

SEC. _104. THREAT ASSESSMENT.

(a) Insider Threats.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, 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 (as defined
in section 44903(j)(2)(H)) in light of recent international
terrorist activity.
(2) Considerations.--In conducting or updating the
assessment under paragraph (1), the Administrator shall
consider--
(A) domestic intelligence;
(B) international intelligence;
(C) the vulnerabilities associated with unescorted access
authority granted to domestic airport operators and air
carriers, and their employees;
(D) the vulnerabilities associated with unescorted access
authority granted to foreign airport operators and air
carriers, and their employees;
(E) the processes and practices designed to mitigate the
vulnerabilities associated with unescorted access privileges
granted to airport operators and air carriers, and their
employees;
(F) the recent security breaches at domestic and foreign
airports; and
(G) the recent security improvements at domestic airports,
including the implementation of recommendations made by
relevant advisory committees.
(b) Reports to Congress.--The Administrator shall submit to
the appropriate committees of Congress--
(1) a report on the results of the assessment under
subsection (a), including any recommendations for improving
aviation security;
(2) a report on the implementation status of any
recommendations made by the ASAC; and
(3) regular updates about the insider threat environment as
new information becomes available and as needed.

SEC. _105. OVERSIGHT.

(a) Enhanced Requirements.--
(1) In general.--Subject to public notice and comment, and
in consultation with airport operators, the Administrator
shall update the rules on access controls issued by the
Secretary under chapter 449 of title 49, United States Code.
(2) Considerations.--As part of the update under paragraph
(1), the Administrator shall consider--
(A) increased fines and advanced oversight for airport
operators that report missing more than 5 percent of
credentials for unescorted access to any SIDA of an airport;
(B) best practices for Category X airport operators that
report missing more than 3 percent of credentials for
unescorted access to any SIDA of an airport;
(C) additional audits and status checks for airport
operators that report missing more than 3 percent of
credentials for unescorted access to any SIDA of an airport;
(D) review and analysis of the prior 5 years of audits for
airport operators that report missing more than 3 percent of
credentials for unescorted access to any SIDA of an airport;
(E) increased fines and direct enforcement requirements for
both airport workers and their employers that fail to report
within 24 hours an employment termination or a missing
credential for unescorted access to any SIDA of an airport;
and
(F) 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 airport.
(b) Temporary Credentials.--The Administrator may encourage
the issuance by airport and aircraft operators of free one-
time, 24-hour temporary credentials for workers who have
reported their credentials missing, but not permanently lost,
stolen, or destroyed, in a timely manner, until replacement
of credentials under section 1542.211 of title 49 Code of
Federal Regulations is necessary.
(c) Notification and Report to Congress.--The Administrator
shall--
(1) notify the appropriate committees of Congress each time
an airport operator reports that more than 3 percent of
credentials for unescorted access to any SIDA at a Category X
airport are missing or more than 5 percent of credentials to
access any SIDA at any other airport are missing; and
(2) 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 year.

SEC. _106. CREDENTIALS.

(a) Lawful Status.--Not later than 90 days after the date
of enactment of this Act, 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 States.
(b) Review of Procedures.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall--
(A) 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 airport; and
(B) make available to airport operators and air carriers
information on identifying suspicious or fraudulent
identification materials.
(2) 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
(1).

SEC. _107. VETTING.

(a) Eligibility Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and subject to public notice and
comment, the Administrator shall revise the regulations
issued under section 44936 of title 49, United States Code,
in accordance with this section and current knowledge of
insider threats and intelligence, to enhance the eligibility
requirements and disqualifying criminal offenses for
individuals seeking or having unescorted access to a SIDA of
an airport.
(2) Disqualifying criminal offenses.--In revising the
regulations under paragraph (1), the Administrator shall
consider adding to the list of disqualifying criminal
offenses and criteria the offenses and criteria listed in
section 122.183(a)(4) of title 19, Code of Federal
Regulations and section 1572.103 of title 49, Code of Federal
Regulations.
(3) Waiver process for denied credentials.--Notwithstanding
section 44936(b) of title 49, United States Code, in revising
the regulations under paragraph (1) of this subsection, the
Administrator shall--
(A) ensure there exists or is developed a waiver process
for approving the issuance of credentials for unescorted
access to the SIDA, for an individual found to be otherwise
ineligible for such credentials; and
(B) consider, as appropriate and practicable--
(i) the circumstances of any disqualifying act or offense,
restitution made by the individual, Federal and State
mitigation remedies, and other factors from which it may be
concluded that the individual does not pose a terrorism risk
or a risk to aviation security warranting denial of the
credential; and
(ii) the elements of the appeals and waiver process
established under section 70105(c) of title 46, United States
Code.
(4) Look back.--In revising the regulations under paragraph
(1), the Administrator shall propose that an individual be
disqualified if the individual was convicted, or found not
guilty by reason of insanity, of a disqualifying criminal
offense within 15 years before the date of an individual's
application, or if the individual was incarcerated for that
crime and released from incarceration within 5 years before
the date of the individual's application.
(5) Certifications.--The Administrator shall require an
airport or aircraft operator, as applicable, to certify for
each individual who receives unescorted access to any SIDA of
an airport that--
(A) a specific need exists for providing that individual
with unescorted access authority; and
(B) the individual has certified to the airport or aircraft
operator that the individual understands the requirements for
possessing a SIDA badge.
(6) Report to congress.--Not later than 90 days after the
date of enactment, the Administrator shall submit to the
appropriate committees of Congress a report on the status of
the revision to the regulations issued under section 44936 of
title 49, United States Code, in accordance with this
section.
(7) Rule of construction.--Nothing in this subsection may
be construed to affect existing aviation worker vetting fees
imposed by the Administration.
(b) Recurrent Vetting.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, 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 airport.
(2) Requirements.--As part of the requirement in paragraph
(1), the Administrator shall ensure that--
(A) 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 44903 of title 49, United States Code, or other
Federal law; and
(B) any information received by the Administration through
the Rap Back service is provided directly and immediately to
the relevant airport and aircraft operators.
(3) Report to congress.--Not later than 60 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
implementation status of the Rap Back service.
(c) Access to Terrorism-Related Data.--Not later than 30
days after the date of enactment of this Act, the
Administrator and the Director of National Intelligence shall
coordinate to ensure that the Administrator is authorized to
receive automated, real-time access to additional Terrorist
Identities Datamart Environment (TIDE) 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 airport.
(d) Access to E-Verify and SAVE Programs.--Not later than
90 days after the date

[[Page S1768]]

of enactment of this Act, the Secretary shall authorize each
airport operator to have direct access to the E-Verify
program and the Systematic Alien Verification for
Entitlements (SAVE) automated system to determine the
eligibility of individuals seeking unescorted access to a
SIDA of an airport.

SEC. _108. METRICS.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop and
implement performance metrics to measure the effectiveness of
security for the SIDAs of airports.
(b) Considerations.--In developing the performance metrics
under subsection (a), the Administrator may consider--
(1) adherence to access point procedures;
(2) proper use of credentials;
(3) 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 airport;
(4) differences in access point characteristics and
requirements at airports; and
(5) any additional factors the Administrator considers
necessary to measure performance.

SEC. _109. INSPECTIONS AND ASSESSMENTS.

(a) Model and Best Practices.--Not later than 180 days
after the date of enactment of this Act, the Administrator,
in consultation with the ASAC, shall develop a model and best
practices for unescorted access security that--
(1) use intelligence, scientific algorithms, and risk-based
factors;
(2) ensure integrity, accountability, and control;
(3) subject airport workers to random physical security
inspections conducted by Administration representatives in
accordance with this section;
(4) appropriately manage the number of SIDA access points
to improve supervision of and reduce unauthorized access to
these areas; and
(5) include validation of identification materials, such as
with biometrics.
(b) Inspections.--Consistent with a risk-based security
approach, the Administrator shall expand the use of
transportation security officers and inspectors to conduct
enhanced, random and unpredictable, data-driven, and
operationally dynamic physical inspections of airport workers
in each SIDA of an airport and at each SIDA access point--
(1) to verify the credentials of airport workers;
(2) to determine whether airport workers possess prohibited
items, except for those that may be necessary for the
performance of their duties, as appropriate, in any SIDA of
an airport; and
(3) to verify whether airport workers are following
appropriate procedures to access a SIDA of an airport.
(c) Screening Review.--
(1) In general.--The Administrator shall conduct a review
of airports that have implemented additional airport worker
screening or perimeter security to improve airport security,
including--
(A) comprehensive airport worker screening at access points
to secure areas;
(B) comprehensive perimeter screening, including vehicles;
(C) enhanced fencing or perimeter sensors; and
(D) any additional airport worker screening or perimeter
security measures the Administrator identifies.
(2) Best practices.--After completing the review under
paragraph (1), the Administrator shall--
(A) identify best practices for additional access control
and airport worker security at airports; and
(B) disseminate the best practices identified under
subparagraph (A) to airport operators.
(3) Pilot program.--The Administrator may conduct a pilot
program at 1 or more airports to test and validate best
practices for comprehensive airport worker screening or
perimeter security under paragraph (2).

SEC. _110. COVERT TESTING.

(a) In General.--The Administrator shall increase the use
of red-team, covert testing of access controls to any secure
areas of an airport.
(b) Additional Covert Testing.--The Inspector General of
the Department of Homeland Security shall conduct red-team,
covert testing of airport access controls to the SIDA of
airports.
(c) Reports to Congress.--
(1) Administrator report.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committee of Congress a report on the
progress to expand the use of inspections and of red-team,
covert testing under subsection (a).
(2) Inspector general report.--Not later than 180 days
after the date of enactment of this Act, 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-team, covert testing under subsection
(b).

SEC. _111. SECURITY DIRECTIVES.

(a) Review.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the
Administrator, in consultation with the appropriate regulated
entities, shall conduct a comprehensive review of every
current security directive addressed to any regulated
entity--
(1) to determine whether the security directive continues
to be relevant;
(2) to determine whether the security directives should be
streamlined or consolidated to most efficiently maximize risk
reduction; and
(3) to update, consolidate, or revoke any security
directive as necessary.
(b) Notice.--For each security directive that the
Administrator issues, the Administrator shall submit to the
appropriate committees of Congress notice of--
(1) the extent to which the security directive responds to
a specific threat, security threat assessment, or emergency
situation against civil aviation; and
(2) when it is anticipated that the security directive will
expire.

SEC. _112. IMPLEMENTATION REPORT.

Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) assess the progress made by the Administration and the
effect on aviation security of implementing the requirements
under sections _104 through _111 of this Act; and
(2) report to the appropriate committees of Congress on the
results of the assessment under paragraph (1), including any
recommendations.

SEC. _113. MISCELLANEOUS AMENDMENTS.

(a) ASAC Terms of Office.--Section 44946(c)(2)(A) is
amended to read as follows:
``(A) Terms.--The term of each member of the Advisory
Committee shall be 2 years, but a member may continue to
serve until the Assistant Secretary appoints a successor. A
member of the Advisory Committee may be reappointed.''.
(b) Feedback.--Section 44946(b)(5) is amended to read as
follows:
``(5) Feedback.--Not later than 90 days after receiving
recommendations transmitted by the Advisory Committee under
paragraph (2) or paragraph (4), the Assistant Secretary shall
respond in writing to the Advisory Committee with feedback on
each of the recommendations, an action plan to implement any
of the recommendations with which the Assistant Secretary
concurs, and a justification for why any of the
recommendations have been rejected.''.

Subtitle B--TSA PreCheck Expansion Act

SEC. _201. SHORT TITLE.

This subtitle may be cited as the ``TSA PreCheck Expansion
Act''.

SEC. _202. DEFINITIONS.

In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Precheck program.--The term ``PreCheck Program'' means
the trusted traveler program implemented by the
Transportation Security Administration under section
109(a)(3) of the Aviation and Transportation Security Act (49
U.S.C. 114).
(4) TSA.--The term ``TSA'' means the Transportation
Security Administration.

SEC. _203. PRECHECK PROGRAM AUTHORIZATION.

The Administrator shall continue to administer the PreCheck
Program established under the authority of the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat.
597).

SEC. _204. PRECHECK PROGRAM ENROLLMENT EXPANSION.

(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish
PreCheck Program enrollment standards that add multiple
private sector application capabilities for the PreCheck
Program to increase the public's enrollment access to the
program, including standards that allow the use of secure
technologies, including online enrollment, kiosks, tablets,
or staffed laptop stations at which individuals can apply for
entry into the program.
(b) Requirements.--Upon publication of the PreCheck Program
enrollment standards under subsection (a), the Administrator
shall--
(1) coordinate with interested parties--
(A) to deploy TSA-approved ready-to-market private sector
solutions that meet the PreCheck Program enrollment standards
under subsection (a);
(B) to make available additional PreCheck Program
enrollment capabilities; and
(C) to offer secure online and mobile enrollment
opportunities;
(2) partner with the private sector to collect biographic
and biometric identification information via kiosks, mobile
devices, or other mobile enrollment platforms to increase
enrollment flexibility and minimize the amount of travel to
enrollment centers for applicants;
(3) ensure that any information, including biographic
information, is collected in a manner that--
(A) is comparable with the appropriate and applicable
standards developed by the National Institute of Standards
and Technology; and
(B) protects privacy and data security, including that any
personally identifiable information is collected, retained,
used, and shared in a manner consistent with section 552a of
title 5, United States Code (commonly known as ``Privacy Act
of 1974''), and with agency regulations;

[[Page S1769]]

(4) ensure that the enrollment process is streamlined and
flexible to allow an individual to provide additional
information to complete enrollment and verify identity; and
(5) ensure that any enrollment expansion using a private
sector risk assessment instead of a fingerprint-based
criminal history records check is determined, by the
Secretary of Homeland Security, to be equivalent to a
fingerprint-based criminal history records check conducted
through the Federal Bureau of Investigation.
(c) Marketing of PreCheck Program.--Upon publication of
PreCheck Program enrollment standards under subsection (a),
the Administrator shall--
(1) in accordance with those standards, develop and
implement--
(A) a continual process, including an associated timeframe,
for approving private sector marketing of the PreCheck
Program; and
(B) a long-term strategy for partnering with the private
sector to encourage enrollment in such program;
(2) submit to Congress, at the end of each fiscal year, a
report on any PreCheck Program application fees collected in
excess of the costs of administering the program, including
to access the feasibility of the program, for the preceding
fiscal year; and
(3) include in the report under paragraph (2)
recommendations for using such amounts to support marketing
of the program under this subsection.
(d) Identity Verification Enhancement.--Not later than 120
days after the date of enactment of this Act, the
Administrator shall--
(1) coordinate with the heads of appropriate components of
the Department to leverage department-held data and
technologies to verify the citizenship of individuals
enrolling in the PreCheck Program;
(2) partner with the private sector to use biometrics and
authentication standards, such as relevant standards
developed by the National Institute of Standards and
Technology, to facilitate enrollment in the program; and
(3) consider leveraging the existing resources and
abilities of airports to conduct fingerprint and background
checks to expedite identity verification.
(e) PreCheck Program Lanes Operation.--The Administrator
shall--
(1) ensure that PreCheck Program screening lanes are open
and available during peak and high-volume travel times at
appropriate airports to individuals enrolled in the PreCheck
Program; and
(2) make every practicable effort to provide expedited
screening at standard screening lanes during times when
PreCheck Program screening lanes are closed to individuals
enrolled in the program in order to maintain operational
efficiency.
(f) Vetting for PreCheck Program Participants.--Not later
than 90 days after the date of enactment of this Act, the
Administrator shall initiate an assessment to identify any
security vulnerabilities in the vetting process for the
PreCheck Program, including determining whether subjecting
PreCheck Program participants to recurrent fingerprint-based
criminal history records checks, in addition to recurrent
checks against the terrorist watchlist, could be done in a
cost-effective manner to strengthen the security of the
PreCheck Program.

Subtitle C--Securing Aviation From Foreign Entry Points and Guarding
Airports Through Enhanced Security Act of 2016

SEC. _301. SHORT TITLE.

This subtitle may be cited as the ``Securing Aviation from
Foreign Entry Points and Guarding Airports Through Enhanced
Security Act of 2016''.

SEC. _302. LAST POINT OF DEPARTURE AIRPORT SECURITY
ASSESSMENT.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the
Transportation Security Administration shall conduct a
comprehensive security risk assessment of all last point of
departure airports with nonstop flights to the United States.
(b) Contents.--The security risk assessment required under
subsection (a) shall include consideration of the following:
(1) The level of coordination and cooperation between the
Transportation Security Administration and the foreign
government of the country in which the last point of
departure airport with nonstop flights to the United States
is located.
(2) The intelligence and threat mitigation capabilities of
the country in which such airport is located.
(3) The number of known or suspected terrorists annually
transiting through such airport.
(4) The passenger security screening practices,
capabilities, and capacity of such airport.
(5) The security vetting undergone by aviation workers at
such airport.
(6) The access controls utilized by such airport to limit
to authorized personnel access to secure and sterile areas of
such airports.

SEC. _303. SECURITY COORDINATION ENHANCEMENT PLAN.

(a) In General.--Not later than 240 days after the date of
enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to
Congress and the Government Accountability Office a plan--
(1) to enhance and bolster security collaboration,
coordination, and information sharing relating to securing
international-inbound aviation between the United States and
domestic and foreign partners, including U.S. Customs and
Border Protection, foreign government entities, passenger air
carriers, cargo air carriers, and United States Government
entities, in order to enhance security capabilities at
foreign airports, including airports that may not have
nonstop flights to the United States but are nonetheless
determined by the Administrator to be high risk; and
(2) that includes an assessment of the ability of the
Administration to enter into a mutual agreement with a
foreign government entity that permits Administration
representatives to conduct without prior notice inspections
of foreign airports.
(b) GAO Review.--Not later than 180 days after the
submission of the plan required under subsection (a), the
Comptroller General of the United States shall review the
efforts, capabilities, and effectiveness of the
Transportation Security Administration to enhance security
capabilities at foreign airports and determine if the
implementation of such efforts and capabilities effectively
secures international-inbound aviation.

SEC. _304. WORKFORCE ASSESSMENT.

Not later than 270 days after the date of enactment of this
Act, the Administrator of the Transportation Security
Administration shall submit to Congress a comprehensive
workforce assessment of all Administration personnel within
the Office of Global Strategies of the Administration or
whose primary professional duties contribute to the
Administration's global efforts to secure transportation
security, including a review of whether such personnel are
assigned in a risk-based, intelligence-driven manner.

SEC. _305. DONATION OF SCREENING EQUIPMENT TO PROTECT THE
UNITED STATES.

(a) In General.--The Administrator of the Transportation
Security Administration is authorized to donate security
screening equipment to a foreign last point of departure
airport operator if such equipment can be reasonably expected
to mitigate a specific vulnerability to the security of the
United States or United States citizens.
(b) Report.--Not later than 30 days before any donation of
security screening equipment pursuant to subsection (a), the
Administrator of the Transportation Security Administration
shall provide to the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Homeland Security of the House of Representatives a detailed
written explanation of the following:
(1) The specific vulnerability to the United States or
United States citizens that will be mitigated by such
donation.
(2) An explanation as to why the recipient of such donation
is unable or unwilling to purchase security screening
equipment to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case
of emergency or instability in the country to which such
donation is being made.
(4) How the Administrator will ensure the security
screening equipment that is being donated is used and
maintained over the course of its life by the recipient.
(5) The total dollar value of such donation.

SEC. _306. NATIONAL CARGO SECURITY PROGRAM.

(a) In General.--The Administrator of the Transportation
Security Administration may evaluate foreign countries' air
cargo security programs to determine whether such programs
provide a level of security commensurate with the level of
security required by United States air cargo security
programs.
(b) Approval and Recognition.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines that a foreign country's
air cargo security program evaluated under subsection (a)
provides a level of security commensurate with the level of
security required by United States air cargo security
programs, the Administrator shall approve and officially
recognize such foreign country's air cargo security program.
(2) Effect of approval and recognition.--If the
Administrator of the Transportation Security Administration
approves and officially recognizes pursuant to paragraph (1)
a foreign country's air cargo security program, cargo
aircraft of such foreign country shall not be required to
adhere to United States air cargo security programs that
would otherwise be applicable.
(c) Revocation and Suspension.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines at any time that a foreign
country's air cargo security program approved and officially
recognized under subsection (b) no longer provides a level of
security commensurate with the level of security required by
United States air cargo security programs, the Administrator
may revoke or temporarily suspend such approval and official
recognition until such time as the Administrator determines
that such foreign country's cargo security programs provide a
level of security commensurate with the level of security
required by such United States air cargo security programs.
(2) Notification.--If the Administrator of the
Transportation Security Administration revokes or suspends
pursuant to paragraph (1) a foreign country's air cargo
security program, the Administrator shall notify the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation

[[Page S1770]]

of the Senate not later than 30 days after such revocation or
suspension.

Subtitle D--Miscellaneous

SEC. _401. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.

(a) In General.--In accordance with section 114 of title
49, United States Code, the Administrator of the
Transportation Security Administration shall establish an
international training and capacity development program to
train the appropriate authorities of foreign governments in
air transportation security.
(b) Contents of Training.--If the Administrator determines
that a foreign government would benefit from training and
capacity development assistance, the Administrator may
provide to the appropriate authorities of that foreign
government technical assistance and training programs to
strengthen aviation security in managerial, operational, and
technical areas, including--
(1) active shooter scenarios;
(2) incident response;
(3) use of canines;
(4) mitigation of insider threats;
(5) perimeter security;
(6) operation and maintenance of security screening
technology; and
(7) recurrent related training and exercises.

SEC. _402. CHECKPOINTS OF THE FUTURE.

(a) In General.--The Administrator of the Transportation
Security Administration, in accordance with chapter 449 of
title 49, United States Code, shall request the Aviation
Security Advisory Committee to develop recommendations for
more efficient and effective passenger screening processes.
(b) Considerations.--In making recommendations to improve
existing passenger screening processes, the Aviation Security
Advisory Committee shall consider--
(1) the configuration of a checkpoint;
(2) technology innovation;
(3) ways to address any vulnerabilities identified in
audits of checkpoint operations;
(4) ways to prevent security breaches at airports where
Federal security screening is provided;
(5) best practices in aviation security;
(6) recommendations from airport and aircraft operators,
and any relevant advisory committees; and
(7) ``curb to curb'' processes and procedures.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the Aviation Security Advisory Committee review, including
any recommendations for improving screening processes.
______