H. Rept. 114-320 - PARTNERS FOR AVIATION SECURITY ACT114th Congress (2015-2016)
Committee Report
Hide Overview| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.3144 |
| Committees: | House Homeland Security Committee |
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114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-320
======================================================================
PARTNERS FOR AVIATION SECURITY ACT
_______
November 2, 2015.--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. 3144]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3144) to require consultation with the Aviation
Security Advisory Committee regarding modifications to the
prohibited item list, require a report on the Transportation
Security Oversight Board, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 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
The amendment is as follows:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Partners for Aviation Security Act''.
SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE CONSULTATION.
The Administrator of the Transportation Security Administration shall
consult, to the extent practicable, with the Aviation Security Advisory
Committee (established pursuant to section 44946 of title 49 of the
United States Code) regarding any modification to the prohibited item
list prior to issuing a determination about any such modification.
SEC. 3. REPORT ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit to the Transportation
Security Oversight Board (established pursuant to section 115 of title
49, United States Code), the Committee on Homeland Security of the
House of Representatives, and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes general information
on how often the Board has met, the current composition of the Board,
and what activities the Board has undertaken, consistent with the
duties specified in subsection (c) of such section. The Administrator
may include in such report recommendations for changes to such section
in consideration of the provisions of section 44946 of title 49, United
States Code.
SEC. 4. TECHNICAL CORRECTIONS.
(a) Terms.--Subparagraph (A) of section 44946(c)(2) of title 49,
United States Code, is amended to read as follows:
``(A) Terms.--The term of each member of the Advisory
Committee shall be two years but may continue until
such time as a successor member begins serving on the
Advisory Committee. A member of the Advisory Committee
may be reappointed.''.
(b) Clarification.--Paragraph (5) of section 44946(b) of title 49,
United States Code, is amended by striking ``under paragraph (4)'' and
inserting ``under this subsection''.
SEC. 5. DEFINITION.
In this Act, the term ``prohibited item list'' means the list of
items passengers are prohibited from carrying as accessible property or
on their persons through passenger screening checkpoints at airports,
into sterile areas at airports, and on board passenger aircraft,
pursuant to section 1540.111 of title 49, Code of Federal Regulations
(as in effect on January 1, 2015).
Purpose and Summary
The purpose of H.R. 3144 is to require consultation with
the Aviation Security Advisory Committee (ASAC) regarding
modifications to the prohibited items list, require a report on
the Transportation Security Oversight Board, and for other
purposes.
Background and Need for Legislation
This legislation is based on previous instances in which
the Transportation Security Administration (TSA) has sought to
change the prohibited items list without proper consultation
with industry stakeholders, resulting in confusion and
consternation on the part of industry, the public, and
Congress. Additionally, stakeholder feedback has indicated that
the Transportation Security Oversight Board has been inactive
since being established by statute. Lastly, the technical
correction to the existing ASAC law will allow members to serve
without a lapse in participation or input.
Hearings
No legislative hearings were held on H.R. 3144.
Committee Consideration
The Committee met on September 30, 2015, to consider H.R.
3144, and ordered the measure to be reported to the House with
a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An amendment offered by Mr. Payne (#1); was AGREED TO by voice
vote.
Page 2, beginning line 13, strike ``Administrator of the
Transportation Security Administration'' and insert ``Secretary of
Homeland Security''.
Page 3, line 3, strike ``CORRECTION'' and insert ``CORRECTIONS''.
Page 3, line 4, strike ``Subparagraph (A) of section 4946(c)(2)''
and insert the following: (a) TERMS.-Subparagraph (A) of section 2
44946(c)(2)
Page 3, beginning line 12, insert the following: (b)
CLARIFICATION.-Paragraph 5 of section 44946(b) of title 49, United
States Code, is amended by striking ``under paragraph (4)'' and
inserting ``under this subsection''.
The Subcommittee on Transportation Security met on July 23,
2015, to consider H.R. 3144 and reported the measure to the
Full Committee with a favorable recommendation, without
amendment, by voice vote.
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. 3144.
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.
3144, the Partners for Aviation Security Act, 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, October 16, 2015.
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. 3144, the Partners
for Aviation Security Act.
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. 3144--Partners for Aviation Security Act
H.R. 3144 would require the Administrator of the
Transportation Security Administration (TSA) to consult with
the Aviation Security Advisory Committee before making any
changes to TSA's list of items that are prohibited on
airplanes. The bill also would require the Secretary of
Homeland Security to report to the Congress on activities of
the Transportation Security Oversight Board.
Based on information from TSA about the cost of similar
efforts, CBO estimates that meeting the requirements of H.R.
3144 would cost less than $500,000; any such spending would be
subject to the availability of appropriated funds. Enacting
H.R. 3144 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3144 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 3144 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. 3144 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This bill directs the Administrator of the Transportation
Security Administration to consult with the Aviation Security
Advisory Committee (ASAC) regarding any modification to the
prohibited items list prior to enforcing such modifications.
This bill, also, requires the Administrator to supply a report
to the pertinent Congressional committees outlining the
activities of the ASAC.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 3144 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. 3144 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3144 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 bill may be cited as the
``Partners for Aviation Security Act''.
Sec. 2. Aviation Security Advisory Committee consultation
This section requires the Administrator of the
Transportation Security Administration to consult with the
Aviation Security Advisory Committee regarding any modification
to the prohibited items list prior to executing such actions.
Sec. 3. Report on the Transportation Security Oversight Board
This section directs the Administrator to submit, within
120 days of the bill's enactment, a report to the
Transportation Security Oversight Board, the Committee on
Homeland Security of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science and Transportation of the Senate
on the actions of the Aviation Security Advisory Committee. The
actions to be included will be: General information on how
often the board has met, the composition of the board and what
activities the board has taken. The Administrator may also
include recommendations for changes.
Sec. 4. Technical corrections
This section amends Subparagraph (A) of section 4946(c)(2)
of title 49, United States Code in order to allow a member of
the Aviation Security Advisory Committee to serve longer than a
two year term in order to prevent a vacancy before a successor
is appointed.
Sec. 5. Definition
This section defines the use of the term ``prohibited item
list'' to mean the list of items passengers are prohibited from
carrying as accessible property or on their persons through
passenger screening checkpoints at airports, into sterile areas
at airports, and on board passenger aircraft, pursuant to
section 1540.111 of title 49, Code of Federal Regulations.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 449--SECURITY
* * * * * * *
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
* * * * * * *
Sec. 44946. Aviation Security Advisory Committee
(a) Establishment.--The Assistant Secretary shall establish
within the Transportation Security Administration an aviation
security advisory committee.
(b) Duties.--
(1) In general.-- The Assistant Secretary shall
consult the Advisory Committee, as appropriate, on
aviation security matters, including on the
development, refinement, and implementation of
policies, programs, rulemaking, and security directives
pertaining to aviation security, while adhering to
sensitive security guidelines.
(2) Recommendations.--
(A) In general.-- The Advisory Committee
shall develop, at the request of the Assistant
Secretary, recommendations for improvements to
aviation security.
(B) Recommendations of subcommittees.--
Recommendations agreed upon by the
subcommittees established under this section
shall be approved by the Advisory Committee
before transmission to the Assistant Secretary.
(3) Periodic reports.-- The Advisory Committee shall
periodically submit to the Assistant Secretary--
(A) reports on matters identified by the
Assistant Secretary; and
(B) reports on other matters identified by a
majority of the members of the Advisory
Committee.
(4) Annual report.-- The Advisory Committee shall
submit to the Assistant Secretary an annual report
providing information on the activities, findings, and
recommendations of the Advisory Committee, including
its subcommittees, for the preceding year. Not later
than 6 months after the date that the Secretary
receives the annual report, the Secretary shall publish
a public version describing the Advisory Committee's
activities and such related matters as would be
informative to the public consistent with the policy of
section 552(b) of title 5.
(5) Feedback.-- Not later than 90 days after
receiving recommendations transmitted by the Advisory
Committee [under paragraph (4)] under this subsection,
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.
(6) Congressional notification.-- Not later than 30
days after providing written feedback to the Advisory
Committee under paragraph (5), the Assistant Secretary
shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Homeland Security of the House of Representatives on
such feedback, and provide a briefing upon request.
(7) Report to Congress.-- Prior to briefing the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Homeland Security of
the House of Representatives under paragraph (6), the
Assistant Secretary shall submit to such committees a
report containing information relating to the
recommendations transmitted by the Advisory Committee
in accordance with paragraph (4).
(c) Membership.--
(1) Appointment.--
(A) In general.-- Not later than 180 days
after the date of enactment of the Aviation
Security Stakeholder Participation Act of 2014,
the Assistant Secretary shall appoint the
members of the Advisory Committee.
(B) Composition.-- The membership of the
Advisory Committee shall consist of individuals
representing not more than 34 member
organizations. Each organization shall be
represented by 1 individual (or the
individual's designee).
(C) Representation.-- The membership of the
Advisory Committee shall include
representatives of air carriers, all- cargo air
transportation, indirect air carriers, labor
organizations representing air carrier
employees, labor organizations representing
transportation security officers, aircraft
manufacturers, airport operators, airport
construction and maintenance contractors, labor
organizations representing employees of airport
construction and maintenance contractors,
general aviation, privacy organizations, the
travel industry, airport-based businesses
(including minority-owned small businesses),
businesses that conduct security screening
operations at airports, aeronautical repair
stations, passenger advocacy groups, the
aviation security technology industry
(including screening technology and
biometrics), victims of terrorist acts against
aviation, and law enforcement and security
experts.
(2) Term of office.--
[(A) Terms.-- The term of each member of the
Advisory Committee shall be 2 years. A member
of the Advisory Committee may be reappointed.]
(A) Terms.-- The term of each member of the
Advisory Committee shall be two years but may
continue until such time as a successor member
begins serving on the Advisory Committee. A
member of the Advisory Committee may be
reappointed.
(B) Removal.-- The Assistant Secretary may
review the participation of a member of the
Advisory Committee and remove such member for
cause at any time.
(3) Prohibition on compensation.-- The members of the
Advisory Committee shall not receive pay, allowances,
or benefits from the Government by reason of their
service on the Advisory Committee.
(4) Meetings.--
(A) In general.-- The Assistant Secretary
shall require the Advisory Committee to meet at
least semiannually and may convene additional
meetings as necessary.
(B) Public meetings.-- At least 1 of the
meetings described in subparagraph (A) shall be
open to the public.
(C) Attendance.-- The Advisory Committee
shall maintain a record of the persons present
at each meeting.
(5) Member access to sensitive security
information.-- Not later than 60 days after the date of
a member's appointment, the Assistant Secretary shall
determine if there is cause for the member to be
restricted from possessing sensitive security
information. Without such cause, and upon the member
voluntarily signing a non-disclosure agreement, the
member may be granted access to sensitive security
information that is relevant to the member's advisory
duties. The member shall protect the sensitive security
information in accordance with part 1520 of title 49,
Code of Federal Regulations.
(6) Chairperson.-- A stakeholder representative on
the Advisory Committee who is elected by the appointed
membership of the Advisory Committee shall chair the
Advisory Committee.
(d) Subcommittees.--
(1) Membership.-- The Advisory Committee chairperson,
in coordination with the Assistant Secretary, may
establish within the Advisory Committee any
subcommittee that the Assistant Secretary and Advisory
Committee determine to be necessary. The Assistant
Secretary and the Advisory Committee shall create
subcommittees to address aviation security issues,
including the following:
(A) Air cargo security.-- The implementation
of the air cargo security programs established
by the Transportation Security Administration
to screen air cargo on passenger aircraft and
all-cargo aircraft in accordance with
established cargo screening mandates.
(B) General aviation.-- General aviation
facilities, general aviation aircraft, and
helicopter operations at general aviation and
commercial service airports.
(C) Perimeter and access control.--
Recommendations on airport perimeter security,
exit lane security and technology at commercial
service airports, and access control issues.
(D) Security technology.-- Security
technology standards and requirements,
including their harmonization internationally,
technology to screen passengers, passenger
baggage, carry-on baggage, and cargo, and
biometric technology.
(2) Risk-based security.-- All subcommittees
established by the Advisory Committee chairperson in
coordination with the Assistant Secretary shall
consider risk-based security approaches in the
performance of their functions that weigh the optimum
balance of costs and benefits in transportation
security, including for passenger screening, baggage
screening, air cargo security policies, and general
aviation security matters.
(3) Meetings and reporting.-- Each subcommittee shall
meet at least quarterly and submit to the Advisory
Committee for inclusion in the annual report required
under subsection (b)(4) information, including
recommendations, regarding issues within the
subcommittee.
(4) Subcommittee chairs.-- Each subcommittee shall be
co-chaired by a Government official and an industry
official.
(e) Subject Matter Experts.--Each subcommittee under this
section shall include subject matter experts with relevant
expertise who are appointed by the respective subcommittee
chairpersons.
(f) Nonapplicability of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee
and its subcommittees.
(g) Definitions.--In this section:
(1) Advisory Committee.-- The term ``Advisory
Committee'' means the aviation security advisory
committee established under subsection (a).
(2) Assistant Secretary.-- The term ``Assistant
Secretary'' means the Assistant Secretary of Homeland
Security (Transportation Security Administration).
(3) Perimeter security.--
(A) In general.-- The term ``perimeter
security'' means procedures or systems to
monitor, secure, and prevent unauthorized
access to an airport, including its airfield
and terminal.
(B) Inclusions.-- The term ``perimeter
security'' includes the fence area surrounding
an airport, access gates, and access controls.
* * * * * * *
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