[House Report 117-24]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-24
======================================================================
SECURITY SCREENING DURING COVID-19 ACT
_______
April 30, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 1877]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1877) to require the Transportation Security
Administration to issue a plan to improve security screening
procedures at airports during the COVID-19 national emergency,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 5
Federal Mandates Statement....................................... 6
Duplicative Federal Programs..................................... 6
Statement of General Performance Goals and Objectives............ 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 7
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Screening During COVID-19
Act''.
SEC. 2. PLAN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator, in coordination with the
Chief Medical Officer of the Department of Homeland Security, and in
consultation with the Secretary of Health and Human Services and the
Director of the Centers for Disease Control and Prevention, shall issue
and commence implementing a plan to enhance, as appropriate, security
operations at airports during the COVID-19 national emergency in order
to reduce risk of the spread of the coronavirus at passenger screening
checkpoints and among the TSA workforce.
(b) Contents.--The plan required under subsection (a) shall include
the following:
(1) An identification of best practices developed in response
to the coronavirus among foreign governments, airports, and air
carriers conducting aviation security screening operations, as
well as among Federal agencies conducting similar security
screening operations outside of airports, including in
locations where the spread of the coronavirus has been
successfully contained, that could be further integrated into
the United States aviation security system.
(2) Specific operational changes to aviation security
screening operations informed by the identification of best
practices under paragraph (1) that could be implemented without
degrading aviation security and a corresponding timeline and
costs for implementing such changes.
(c) Considerations.--In carrying out the identification of best
practices under subsection (b), the Administrator shall take into
consideration the following:
(1) Aviation security screening procedures and practices in
place at security screening locations, including procedures and
practices implemented in response to the coronavirus.
(2) Volume and average wait times at each such security
screening location.
(3) Public health measures already in place at each such
security screening location.
(4) The feasibility and effectiveness of implementing similar
procedures and practices in locations where such are not
already in place.
(5) The feasibility and potential benefits to security,
public health, and travel facilitation of continuing any
procedures and practices implemented in response to the COVID-
19 national emergency beyond the end of such emergency.
(d) Consultation.--In developing the plan required under subsection
(a), the Administrator may consult with public and private stakeholders
and the TSA workforce, including through the labor organization
certified as the exclusive representative of full- and part-time non-
supervisory TSA personnel carrying out screening functions under
section 44901 of title 49, U.S. Code.
(e) Submission.--Upon issuance of the plan required under subsection
(a), the Administrator shall submit the plan to the Committee on
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(f) Issuance and Implementation.--The Administrator shall not be
required to issue or implement, as the case may be, the plan required
under subsection (a) upon the termination of the COVID-19 national
emergency except to the extent the Administrator determines such
issuance or implementation, as the case may be, to be feasible and
beneficial to security screening operations.
(g) GAO Review.--Not later than one year after the issuance of the
plan required under subsection (a) (if such plan is issued in
accordance with subsection (f)), the Comptroller General of the United
States shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a review, if appropriate, of such plan and
any efforts to implement such plan.
(h) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Coronavirus.--The term ``coronavirus'' has the meaning
given such term in section 506 of the Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020 (Public Law
116-123).
(3) COVID-19 national emergency.--The term ``COVID-19
national emergency'' means the national emergency declared by
the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) on March 13, 2020, with respect to the
coronavirus.
(4) Public and private stakeholders.--The term ``public and
private stakeholders'' has the meaning given such term in
section 114(t)(1)(C) of title 49, United States Code.
(5) TSA.--The term ``TSA'' means the Transportation Security
Administration.
PURPOSE AND SUMMARY
H.R. 1877, the ``Security Screening During COVID-19 Act''
directs the Transportation Security Administration (TSA)
Administrator to issue a plan to enhance security operations
during the COVID-19 pandemic to reduce the spread of the virus
at passenger screening checkpoints and among the TSA workforce.
Under the bill, the TSA Administrator will coordinate with the
Department of Homeland Security Chief Medical Officer, the
Department of Health and Human Services, and the Centers for
Disease Control and Prevention to develop a plan that
identifies best practices among foreign governments, airports,
air carriers, and other Federal agencies regarding COVID-19 and
pinpoints specific operational changes that TSA can make to
reduce the spread of the coronavirus at checkpoints based on
those best practices.
The TSA Administrator would be required to consult with
stakeholders and the TSA workforce when developing the plan and
submit the finalized strategy to Congress. A Government
Accountability Office report on implementation of the plan
would be due one year after implementation begins.
BACKGROUND AND NEED FOR LEGISLATION
Since early 2020, the COVID-19 pandemic has presented the
global aviation community with significant challenges
surrounding the prevention, mitigation, and containment of the
coronavirus. Throughout the pandemic, foreign governments and
air travel stakeholders have developed and tested a variety of
approaches to safeguard travelers from the disease. The current
moment presents a prime opportunity for the United States to
learn from its foreign partners by gathering and implementing
best practices for controlling the virus until the pandemic has
abated.
TSA routinely participates in the international exchange of
information to enhance global aviation security. For example,
TSA shares its security expertise with foreign nations by
conducting capacity building and donating screening equipment
to reduce terrorist threats to aviation and to ensure security
at last points of departure to the United States. In addition,
Transportation Security Administration Representatives, TSA
International Industry Representatives, and TSA Regional
Operations Centers play a critical role in developing strong
relationships with foreign and industry partners to relay TSA's
standards and requirements for aviation security. Further,
through the United States' membership in international
organizations such as the International Civil Aviation
Organization, TSA contributes to the development of guidance
and recommendations to increase global aviation security on an
ongoing basis.
Given the unprecedented challenge of the COVID-19 pandemic
to today's air travel environment, TSA must capitalize on its
international partnerships to identify new ways to enhance its
security operations to contain the coronavirus. H.R. 1877 will
enable TSA to continue benefitting from global innovation and
lessons learned while the pandemic persists.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop H.R. 1877:
The Committee did not hold a legislative hearing on H.R.
1877 in the 117th Congress. The legislation was informed by a
hearing held in the 116th Congress on June 18, 2020. The
Subcommittee on Transportation and Maritime Security received
testimony from Kevin M. Burke, President and Chief Executive
Officer, Airports Council International-North America; Sara
Nelson, International President, Association of Flight
Attendants-Communications Workers of America; Neema Singh
Guliani, Senior Legislative Council, American Civil Liberties
Union; and Victoria Emerson Barnes, Executive Vice President
for Public Affairs and Policy, U.S. Travel Association.
COMMITTEE CONSIDERATION
The Committee met on March 18, 2021, with a quorum being
present, to consider H.R. 1877 and ordered the measure to be
reported to the House with a favorable recommendation, with an
amendment, by unanimous consent.
The following amendment was offered and agreed to by
unanimous consent:
An amendment offered by Mr. Cleaver.
In section 2(d), strike ``shall'' and insert ``may''.
In section 2(f), in the heading, insert ``ISSUANCE AND''
before ``IMPLEMENTATION''.
In section 2(f), strike ``implement'' and insert ``issue or
implement, as the case may be,''.
In section 2(f), strike ``implementation'' and insert
``issuance or implementation, as the case may be,''.
In section 2(g), strike ``commencement of implementation
pursuant to subsection (e) of the plan required under
subsection (a)'' and insert ``issuance of the plan required
under subsection (a) (if such plan is issued in accordance with
subsection (f)),''.
In section 2(g), strike ``a review of such implementation''
and insert ``a review, if appropriate, of such plan and any
efforts to implement such plan''.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 1877.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT
AUTHORITY, AND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee adopts as its
own the estimate of the estimate of new budget authority,
entitlement authority, or tax expenditures or revenues
contained in the cost estimate prepared by the Director of the
Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 23, 2021.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimates for H.R. 1871, the
Transportation Security Transparency Improvement Act; H.R.
1877, the Security Screening During COVID-0919 Act; H.R. 1893,
the Transportation Security Preparedness Act of 2021; and H.R.
1895, the Transportation Security Public Health Threat
Preparedness Act of 2021.
If you wish further details on those estimates, we will be
pleased to provide them. The CBO staff contact is Aaron
Krupkin.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
On March 18, the House Committee on Homeland Security
ordered reported the following bills:
H.R. 1871, the Transportation Security Transparency
Improvement Act, would direct the Transportation Security
Administration (TSA) to improve the transparency of the
agency's guidelines for sensitive security information (SSI)
and international aviation security directives by clearly
designating SSI, reviewing and updating SSI guidelines,
coordinating with aviation industry and law enforcement
personnel, and briefing the Congress.
H.R. 1877, the Security Screening During COVID-19
Act, would direct TSA, in consultation with the Department of
Health and Human Services, to issue and begin implementing a
plan to reduce the risk of coronavirus transmission at TSA
checkpoints. The bill also would require the Government
Accountability Office (GAO) to review that plan.
H.R. 1893, the Transportation Security Preparedness
Act of 2021, would direct TSA to survey its workforce and
report to the Congress regarding the agency's efforts to
mitigate transmission of the COVID-19 virus among the
workforce. The bill also would require TSA to develop and
biennially review a plan for addressing future outbreaks of
communicable diseases, which would be reviewed by GAO.
H.R. 1895, the Transportation Security Public
Health Threat Preparedness Act of 2021, would authorize TSA to
provide personnel to other federal agencies to coordinate
efforts to address public health threats to the U.S.
transportation security system. In addition, the bill would
require TSA to evaluate and report to the Congress on how well
prepared the transportation security system is to face public
health threats.
Most of the activities required under those bills, other
than the TSA survey and the reporting requirements for TSA and
GAO, are similar to those already being planned or implemented
under current law. Accordingly, and based on the cost of
similar activities, CBO estimates that the cost of implementing
each bill would be insignificant over the 2021-2026 period. Any
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for these estimates is Aaron Krupkin.
The estimates were reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1877 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the objective of H.R. 1877 is to
enhance aviation security by requiring TSA to examine and
implement best practices utilized by foreign governments,
airports, air carriers, and other Federal agencies to contain
the spread of COVID-19.
ADVISORY ON EARMARKS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section states that the Act may be cited as the
``Security Screening During COVID-19 Act.''
Sec. 2. Plan
Subsection 2(a) directs the TSA Administrator to coordinate
with the Department of Homeland Security Chief Medical Officer
and consult with the Department of Health and Human Services
and the Centers for Disease Control and Prevention to develop a
plan within 90 days of enactment to enhance airport security
operations to reduce the spread of the coronavirus during the
COVID-19 national emergency.
Subsection 2(b) states the contents of the plan must
include identification of the following:
(1) Best practices used by foreign governments,
airports, and airlines to control the virus's spread,
including in locations where the spread of the
coronavirus has been successfully contained, that could
be integrated into the United States' aviation security
system. TSA should also examine best practices used by
other Federal agencies conducting security screening
operations that are similar to TSA's in settings beyond
airports.
(2) Specific changes TSA can make to its aviation
security screening operations based on the best
practices identified above, the timeline for execution
of such changes, and the associated anticipated costs
to implement the changes.
Subsection 2(c) requires TSA to consider the following when
identifying best practices used by foreign governments,
airports, air carriers, and other Federal agencies under
subsection 2(b):
(1) Current aviation screening procedures that are in
use at the security screening location under study,
including those implemented specifically in response to
the COVID-19 pandemic.
(2) The volume of passengers and average wait times
at the security screening location under examination.
(3) Public health measures already in place at the
security screening location under examination.
(4) The feasibility and effectiveness of implementing
the identified best practices at TSA checkpoints that
are not already utilizing them.
(5) Whether it would be feasible and beneficial to
security, public health, and the facilitation of travel
for TSA to continue utilizing the changed procedures
beyond the end of the COVID-19 national emergency.
Subsection 2(d) states the TSA Administrator may consult
with public and private stakeholders and the TSA workforce in
developing the plan required under subsection (a).
Subsection 2(e) requires TSA to submit the plan developed
under subsection 2(a) to Congress once issued.
Subsection 2(f) states that TSA would not be required to
issue or implement the plan upon the termination of the COVID-
19 national emergency except to the extent the Administrator
determines such issuance or implementation to be feasible and
beneficial to security screening operations.
Subsection 2(g) requires the Government Accountability
Office to issue a report to Congress on TSA's plan and its
implementation within one year of the issuance of the plan.
Subsection 2(h) defines the terms ``Administrator,''
``coronavirus,'' ``COVID-19 national emergency,'' ``public and
private stakeholders,'' and ``TSA'' for the purposes of the
bill.