[House Report 113-278]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-278
======================================================================
AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT OF 2013
_______
December 2, 2013.--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
together with
ADDITIONAL VIEWS
[To accompany H.R. 1204]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1204) to amend title 49, United States Code, to
direct the Assistant Secretary of Homeland Security
(Transportation Security Administration) to establish an
Aviation Security Advisory Committee, 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.............................................. 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 5
Committee Consideration.......................................... 6
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 8
New Budget Authority, Entitlement Authority, and Tax Expenditures 8
Congressional Budget Office Estimate............................. 8
Statement of General Performance Goals and Objectives............ 9
Duplicative Federal Programs..................................... 9
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 9
Federal Mandates Statement....................................... 10
Preemption Clarification......................................... 10
Disclosure of Directed Rule Makings.............................. 10
Advisory Committee Statement..................................... 10
Applicability to Legislative Branch.............................. 10
Section-by-Section Analysis of the Legislation................... 10
Changes in Existing Law Made by the Bill, as Reported............ 11
Additional Views................................................. 16
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 ``Aviation Security Stakeholder
Participation Act of 2013''.
SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44946. Aviation Security Advisory Committee
``(a) Establishment.--The Assistant Secretary shall establish within
the Transportation Security Administration an advisory committee to be
known as the `Aviation Security Advisory Committee'.
``(b) Duties.--
``(1) In general.--The Assistant Secretary shall consult the
Advisory Committee 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 for 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.
``(5) Feedback.--Not later than 90 days after receiving
recommendations transmitted by the Advisory Committee under
paragraph (4), the Assistant Secretary shall respond in writing
to the Advisory Committee with feedback on each of such
recommendations, an action plan to implement any of such
recommendations with which the Assistant Secretary concurs, and
a detailed justification for why any of such recommendations
have been rejected.
``(6) Congressional notification.--Not later than 30 days
after providing written feedback to the Advisory Committee in
accordance with paragraph (5), the Assistant Secretary shall
brief the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on such feedback.
``(7) Report to congress.--Prior to briefing the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate in accordance with 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 this section, 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 32 member organizations. Each organization
shall be represented by one 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, aircraft manufacturers, airport operators,
general aviation, privacy organizations, the travel
industry, airport based businesses, including minority
owned small businesses, businesses that conduct
security operations at airports, aeronautical repair
stations, passenger advocacy groups, the aviation
technology security industry, including biometrics,
victims of terrorist acts against aviation, and law
enforcement and security experts.
``(2) 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.--The Assistant Secretary shall require the
Advisory Committee to meet at least semiannually and may
convene additional meetings as necessary.
``(d) Air Cargo Security Subcommittee.--
``(1) In general.--The Assistant Secretary shall establish
within the Advisory Committee an air cargo security
subcommittee to provide recommendations on air cargo security
issues, including 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.
``(2) Meetings and reporting.--The 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 air cargo
security. Such submissions shall include recommendations to
improve the Transportation Security Administration's cargo
security initiatives established to meet the requirements of
section 44901(g).
``(3) Membership.--The subcommittee shall--
``(A) include members of the Advisory Committee with
expertise in air cargo operations; and
``(B) be cochaired by a Government and industry
official.
``(e) General Aviation Security Subcommittee.--
``(1) In general.--The Assistant Secretary shall establish
within the Advisory Committee a general aviation subcommittee
to provide recommendations on transportation security issues
for general aviation facilities, general aviation aircraft, and
helicopter operations at general aviation and commercial
service airports.
``(2) Meetings and reporting.--The 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 aviation
security at general aviation airports.
``(3) Membership.--The subcommittee shall--
``(A) include members of the Advisory Committee with
expertise in general aviation; and
``(B) be cochaired by a Government and industry
official.
``(f) Perimeter Security, Exit Lane Security, and Access Control
Subcommittee.--
``(1) In general.--The Assistant Secretary shall establish
within the Advisory Committee an airport perimeter security,
exit lane security, and access control subcommittee to provide
recommendations on airport perimeter security, exit lane
security at commercial service airports, and access control
issues.
``(2) Meetings and reporting.--The 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 improving
perimeter security, exit lane security at commercial service
airports, and access control procedures at commercial service
and general aviation airports.
``(3) Membership.--The subcommittee shall--
``(A) include members of the Advisory Committee with
expertise in airport perimeter security and access
control issues; and
``(B) be co-chaired by a Government and industry
official.
``(g) Risk-based Subcommittee.--
``(1) In general.--The Assistant Secretary shall establish
within the Advisory Committee a risk-based subcommittee to
provide recommendations on passenger screening policies and
cargo.
``(2) Meetings and reporting.--The 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 the
Transportation Security Administration's risk-based security
programs.
``(3) Membership.--The subcommittee shall--
``(A) include members of the Advisory Committee with
expertise in passenger advocacy and airport security
operations; and
``(B) be cochaired by a Government and industry
official.
``(h) Security Technology Subcommittee.--
``(1) In general.--The Assistant Secretary shall establish
within the Advisory Committee a security technology
subcommittee to provide recommendations on security technology
issues, including harmonization of security technology
standards and requirements.
``(2) Meetings and reporting.--The 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 security
technology. Such submissions shall include recommendations to
improve the Transportation Security Administration's
utilization of security technology and harmonization of
security technology standards and requirements. All
recommendations shall be in furtherance of aviation security
and technology neutral.
``(3) Membership.--The subcommittee shall--
``(A) include members of the Advisory Committee with
expertise in checkpoint, baggage, and air cargo
security technology; and
``(B) be co-chaired by a Government and industry
official.
``(i) Other Subcommittees.--The Assistant Secretary, in consultation
with the Advisory Committee, may establish within the Advisory
Committee any other subcommittee that the Assistant Secretary and
Advisory Committee determine necessary.
``(j) Subject Matter Experts.--Each subcommittee under this section
shall include subject matter experts with relevant expertise who are
appointed by the respective subcommittee chairperson.
``(k) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee and its
subcommittees.
``(l) Definitions.--In this section, the following definitions apply:
``(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.--The term `perimeter security'--
``(A) means procedures or systems to monitor, secure,
and prevent unauthorized access to an airport,
including its airfield and terminal; and
``(B) includes the fence area surrounding an airport,
access gates, and access controls.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
449 of title 49, United States Code, is amended by adding at the end
the following new item:
``44946. Aviation Security Advisory Committee.''.
Purpose and Summary
The purpose of H.R. 1204 is to amend title 49, United
States Code, to direct the Assistant Secretary of Homeland
Security (Transportation Security Administration) to establish
an Aviation Security Advisory Committee, and for other
purposes.
Background and Need for Legislation
The Federal Aviation Administration (FAA) established the
Aviation Security Advisory Committee (ASAC) in 1989 following
the bombing of Pan American World Airways Flight 103. When the
Transportation Security Administration (TSA) was established,
the sponsorship of the ASAC transferred to TSA. Despite
significant contributions to TSA policymaking, particularly
with respect to air cargo security, and strong support from
aviation security stakeholders who participated in the ASAC,
TSA allowed the ASAC's charter to expire. Three months after
Rep. Thompson of Mississippi introduced this legislation in the
112th Congress, on July 7, 2011, TSA published an announcement
in the Federal Register to re-establish the ASAC, providing a
setting for the aviation industry to formally provide TSA with
their insights into the practical, on-the-ground considerations
and impact of aviation security policies.
H.R. 1204 provides for the establishment of an ASAC to
assist and make recommendations to the TSA Assistant Secretary
on aviation security matters, including the development,
implementation and refinement of policies, programs,
rulemaking, and security directives pertaining to aviation
security. The ASAC is directed to meet at least semi-annually
and be composed of not more than 32 members including
representatives from air carriers, all cargo air
transportation, indirect air carriers, labor organizations
representing air carrier employees, aircraft manufacturers,
airport operators, general aviation, privacy advocates, airport
based businesses, businesses that conduct security operations
at airports, aeronautical repair stations, the travel industry,
the aviation technology security industry, law enforcement and
security experts, and victims of terrorist acts against
aviation. H.R. 1204 also provides for the establishment of five
subcommittees to review and make recommendations on air cargo
security, general aviation security, perimeter security, exit
lane security, and access control, risk based security, and
security technologies, respectively.
The Committee has received letters of support for H.R. 1204
from the Cargo Airline Association; the Association of Flight
Attendants--CWA; U.S. Travel Association; Airports Council
International-North America; Security Manufacturers Coalition;
General Aviation Manufacturers Association; and Aircraft Owners
and Pilots Association.
Hearings
Although no legislative hearings have been held on H.R.
1204, there have been several hearings in the 113th Congress by
the Subcommittee on Transportation Security which have
emphasized the importance of stakeholder perspectives. These
include the following:
On March 14, 2013, the Subcommittee on Transportation
Security held a hearing entitled ``TSA's Efforts to Advance
Risk-Based Security.'' The Subcommittee received testimony from
Hon. John S. Pistole, Administrator, Transportation Security
Administration, Department of Homeland Security.
The Subcommittee on Transportation Security held a hearing
on April 11, 2013, entitled ``TSA's Efforts to Advance Risk-
Based Security: Stakeholder Perspectives.'' The Subcommittee
received testimony from Mr. Ken Dunlap, Global Director,
Security & Travel Facilitation, International Air Transport
Association; Ms. Sharon L. Pinkerton, Senior Vice President,
Legislative and Regulatory Policy, Airlines for America; Mr.
Geoff Freeman, Chief Operating Officer and Executive Vice
President, U.S. Travel Association; Mr. Michael C. Mullen,
Executive Director, Express Association of America; Mr.
Christopher U. Browne, Airport Manager, Washington Dulles
International Airport, testifying on behalf of the American
Association of Airport Executives; and Mr. David A. Borer,
General Counsel, American Federation of Government Employees.
The Subcommittee on Transportation Security held a hearing
on May 8, 2013, entitled ``TSA Procurement Reform: Saving
Taxpayer Dollars Through Smarter Spending Practices.'' The
Subcommittee received testimony from Ms. Karen Shelton Waters,
Assistant Administrator, Office of Acquisition, Transportation
Security Administration, U.S. Department of Homeland Security;
Mr. Paul Benda, Director, Advanced Research Projects Agency,
Science & Technology Directorate, U.S. Department of Homeland
Security; Mr. Stephen M. Lord, Director, Forensic Audits and
Investigative Services, U.S. Government Accountability Office;
and Mr. Charles K. Edwards, Deputy Inspector General, U.S.
Department of Homeland Security.
The Subcommittee on Transportation Security held a hearing
on July 17, 2013, entitled ``Stakeholder Perspectives on TSA
Acquisition Reform.'' The Subcommittee received testimony from
Mr. Marc Pearl, President & CEO, Homeland Security & Defense
Business Council; Ms. Shene Commodore, Government Contracts &
Business Manager, Intertek, testifying on behalf of the
Security Industry Association; and Mr. Dolan P. Falconer, Jr.,
Co-Founder, Chairman & General Manger, Scan Tech Holdings.
Committee Consideration
112th Congress
In the 112th Congress, H.R.1447, the predecessor bill, was
introduced in the House on April 8, 2011, by Mr.Thompson of
Mississippi and referred to the Committee on Homeland Security.
Within the Committee, H.R.1447 was referred to the Subcommittee
on Transportation Security.
On September 21, 2011, the Chair discharged the
Subcommittee on Transportation Security from further
consideration of H.R.1447. The Committee proceeded to the
consideration of H.R.1447 and ordered the measure to be
reported to the House, without amendment, by voice vote.
The Committee reported H.R.1447 to the House on November 4,
2011, as H. Rpt. 112-269.
The House considered H.R.1447 under Suspension of the
Rules, on June 26, 2012, and passed the bill on June 28, 2012
by voice vote.
H.R.1447 was received in the Senate on June 29, 2012, read
twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
113th Congress
The Committee on Homeland Security met on October 29, 2013,
to consider H.R. 1204, and ordered the measure to be reported
to the House with a favorable recommendation, amended, by voice
vote. The Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Thompson of Mississippi (#1); was AGREED TO by voice vote.
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 1204 offered by Mr. Palazzo (#1); was AGREED
TO by voice vote.
Consisting of the following amendments:
Page 3, line 8, strike ``and'' and insert a comma.
Page 3, line 10, insert before the period at the end the following:
`` `, and a detailed justification for why any of such recommendations
have been rejected' ''.
In section 2(a) in the proposed section 44946 of title 49, United
States Code, in the proposed subsection (b)(1), insert `` `,
refinement' '' after `` `development' ''.
An amendment to the Amendment in the Nature of a Substitute to
H.R. 1204 offered by Mr. Thompson of Mississippi (#1B); was
AGREED TO by voice vote.
In section 2(a) in the proposed section 44946 of title 49, United
States Code, redesignate subsections (h) through (k) as subsections (i)
through (l), respectively.
In section 2(a), in the proposed section 44946 of title 49 United
States Code, insert after subsection (g) a new subsection entitled
``(h) Security Technology Subcommittee.''
An amendment to the Amendment in the Nature of a Substitute to
H.R. 1204 offered by Mr. Hudson (#1C); was AGREED TO by voice
vote.
In section 2 of the bill, in the proposed subparagraph (B) of
subsection (c)(1) of the proposed section 44946 of title 49, United
States Code, strike ``30'' and insert ``32''.
In section 2 of the bill in the proposed subparagraph (C) of
subsection (c)(1) of the proposed section 44946 of title 49, United
States Code, insert ``businesses that conduct security operations at
airports, aeronautical repair stations,'' before ``passenger advocacy
groups''.
An amendment to the Amendment in the Nature of a Substitute to
H.R. 1204 offered by Mr. Horsford (#1D); was AGREED TO by voice
vote.
In section 2(a), in the proposed section 44946 of title 49, United
States Code, in the proposed subsection (f), amend the heading to read
as follows: ``Perimeter Security, Exit Lane Security, and Access
Control Subcommittee''.
In section 2(a), in the proposed section 44946 of title 49, United
States Code, in the proposed subsection (f)(1), strike `` `airport
perimeter security subcommittee' '' and insert `` `airport perimeter
security, exit lane security, and access control subcommittee' ''.
In section 2(a), in the proposed section 44946 of title 49, United
States Code, in the proposed subsection (f)(1), insert after ``
`perimeter security' '' the following: `` `, exit lane security at
commercial service airports,' ''.
In section 2(a), in the proposed section 44946 of title 49, United
States Code, in the proposed subsection (f)(2), insert after ``
`perimeter security' '' the following: `` `, exit lane security at
commercial service airports,' ''.
Subcommittee Consideration
The Subcommittee on Transportation Security met on July 24,
2013, to consider H.R. 1204, and ordered the measure to be
forwarded to the Full Committee with a favorable
recommendation, amended, by voice vote. The Subcommittee took
the following actions:
The following amendments were offered:
An amendment offered by Mr. Richmond (#1); was AGREED TO by
voice vote.
In section 2(a), in the proposed section 44946 of title 49, United
States Code, redesignate proposed subsections (i) and (j) as proposed
subsections (j) and (k), respectively.
In section 2(a), in the proposed section 44946 of title 49, United
States Code, insert after proposed subsection (h) the following new
subsection ``(i) Subject Matter Experts.''
An amendment offered by Mr. Rogers of Alabama (#2); was AGREED
TO by voice vote.
In section 2, in the proposed new section 44946 of title 49, United
States Code, in the proposed subsection (b) of such proposed new
section add a new section ``(5) Feedback.''.
An amendment offered by Mrs. Brooks of Indiana (#3); was AGREED
TO by voice vote.
In section 2, in the proposed new section 44946 of title 49, United
States Code, in the proposed subsection (c)(1)(C) of such proposed new
section, strike ``and the aviation technology security industry,
including biometrics'' and insert ``the aviation technology security
industry, including biometrics, victims of terrorist acts against
aviation, and law enforcement and security experts''.
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. 1204.
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.
1204, the Aviation Security Stakeholder Participation Act of
2013, 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, November 21, 2013.
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. 1204, the Aviation
Security Stakeholder Participation Act of 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1204--Aviation Security Stakeholder Participation Act of 2013
H.R. 1204 would establish, within the Transportation
Security Administration (TSA), an advisory committee to make
recommendations on issues related to aviation security. The
bill would specify details related to the organizational
structure and reporting requirements of the proposed advisory
committee.
Under current law, TSA already operates an advisory
committee related to aviation security. According to TSA, the
agency currently spends less than $100,000 annually to operate
the existing committee, which has a mission and organizational
structure that is similar to that of the committee envisioned
under H.R. 1204. As a result, CBO estimates that implementing
H.R. 1204 would have no significant additional cost. H.R. 1204
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures do not apply.
H.R. 1204 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.
This estimate was approved by Theresa Gullo, 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. 1204 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
This legislation requires the Advisory Committee to submit
to the TSA Assistant Secretary an annual report containing
information on its activities, findings, and recommendations.
H.R. 1204 directs the establishment of the following five
subcommittees: (1) the air cargo security subcommittee; (2) the
general aviation security subcommittee; (3) the perimeter
security, exit lane security, and access control subcommittee;
(4) the risk-based subcommittee, and (5) the security
technology subcommittee. Members of the Advisory Committee with
specialized knowledge in these areas are to be appointed to
each subcommittee. Additionally, to bring focus to particular
aviation security challenges, the subcommittees are directed to
provide information and recommendations to the Advisory
Committee for inclusion in the annual report. The Advisory
Committee is required to submit periodic and annual reports to
the Assistant Secretary. The Assistant Secretary is required
within 90 days to respond in writing to the Advisory Committee
with feedback on each recommendation that the Committee
provided to the Assistant Secretary, an action plan to
implement any of the recommendations with which the Assistant
Secretary concurs, and a justification for rejecting any of its
amendments.
Duplicative Federal Programs
The Committee finds that H.R. 1204 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. 1204 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1204 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.
The Aviation Security Advisory Committee established in
H.R. 1447 is exempt from the Federal Advisory Committee Act
(FACA).
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
The act may be cited as the ``Aviation Security Stakeholder
Participation Act of 2013''.
Section 2. Aviation Security Advisory Committee
This section amends Subchapter II of chapter 449 of title
49, U.S. Code, by adding at the end the following:
Sec. 4496. Aviation Security Advisory Committee
This section requires the Assistant Secretary to establish
within TSA an advisory committee to be known as the ``Aviation
Security Advisory Committee'' and to consult with the Committee
on aviation security matters, including on the development and
implementation of policies, programs, rulemaking, and security
directives.
The Advisory Committee is required to develop
recommendations for improvements to aviation security and
submit periodic and annual reports to the Assistant Secretary.
The Assistant Secretary is required within 90 days to respond
in writing to the Advisory Committee with feedback on each
recommendation that the Committee provided to the Assistant
Secretary, including an action plan to implement any of the
recommendations with which the Assistant Secretary concurs and
a detailed justification of why any of the recommendations were
rejected. In addition, the Assistant Secretary must appoint
members of the Advisory Committee that consist of individuals
representing not more than 32 member organizations within 180
days of enactment.
The membership must include a variety of stakeholders,
including but not limited to representatives of air carriers,
all cargo air transportation, indirect air carriers, aircraft
manufacturers, airport based businesses, the aviation
technology security industry, law enforcement and security
experts, businesses that conduct security operations at
airports, and aeronautical repair stations.
The members of the Advisory Committee are prohibited from
receiving pay, allowances, or benefits from the Government for
their service on the Committee.
The Advisory Committee is required to meet at least
semiannually.
In addition, this section requires the Assistant Secretary
to establish an air cargo security subcommittee, general
aviation security subcommittee, a perimeter security, exit lane
security, and access control subcommittee, a risk-based
subcommittee, and a security technology subcommittee within the
Advisory Committee.
Each subcommittee is required to meet at least quarterly
and submit to the Advisory Committee recommendations for
inclusion in the annual report.
Additionally, each subcommittee will consist of committee
members with expertise in each subject area and will be co-
chaired by a Government and industry official. Subject matter
experts with relevant expertise, who are not on the committee
but who are appointed by the respective chairperson of a
subcommittee of the Advisory Committee, will also be included
as members of each subcommittee.
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 (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 I--REQUIREMENTS
Sec.
44901. Screening passengers and property.
* * * * * * *
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
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44946. Aviation Security Advisory Committee.
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SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
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Sec. 44946. Aviation Security Advisory Committee
(a) Establishment.--The Assistant Secretary shall establish
within the Transportation Security Administration an advisory
committee to be known as the ``Aviation Security Advisory
Committee''.
(b) Duties.--
(1) In general.--The Assistant Secretary shall
consult the Advisory Committee 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 for
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.
(5) Feedback.--Not later than 90 days after receiving
recommendations transmitted by the Advisory Committee
under paragraph (4), the Assistant Secretary shall
respond in writing to the Advisory Committee with
feedback on each of such recommendations, an action
plan to implement any of such recommendations with
which the Assistant Secretary concurs, and a detailed
justification for why any of such recommendations have
been rejected.
(6) Congressional notification.--Not later than 30
days after providing written feedback to the Advisory
Committee in accordance with paragraph (5), the
Assistant Secretary shall brief the Committee on
Homeland Security of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate on such feedback.
(7) Report to congress.--Prior to briefing the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate in accordance with
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 this section,
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 32 member
organizations. Each organization shall be
represented by one 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, aircraft manufacturers, airport
operators, general aviation, privacy
organizations, the travel industry, airport
based businesses, including minority owned
small businesses, businesses that conduct
security operations at airports, aeronautical
repair stations, passenger advocacy groups, the
aviation technology security industry,
including biometrics, victims of terrorist acts
against aviation, and law enforcement and
security experts.
(2) 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.--The Assistant Secretary shall require
the Advisory Committee to meet at least semiannually
and may convene additional meetings as necessary.
(d) Air Cargo Security Subcommittee.--
(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee an air cargo
security subcommittee to provide recommendations on air
cargo security issues, including 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.
(2) Meetings and reporting.--The 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 air cargo security. Such
submissions shall include recommendations to improve
the Transportation Security Administration's cargo
security initiatives established to meet the
requirements of section 44901(g).
(3) Membership.--The subcommittee shall--
(A) include members of the Advisory Committee
with expertise in air cargo operations; and
(B) be cochaired by a Government and industry
official.
(e) General Aviation Security Subcommittee.--
(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee a general
aviation subcommittee to provide recommendations on
transportation security issues for general aviation
facilities, general aviation aircraft, and helicopter
operations at general aviation and commercial service
airports.
(2) Meetings and reporting.--The 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 aviation security at general
aviation airports.
(3) Membership.--The subcommittee shall--
(A) include members of the Advisory Committee
with expertise in general aviation; and
(B) be cochaired by a Government and industry
official.
(f) Perimeter Security, Exit Lane Security, and Access
Control Subcommittee.--
(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee an airport
perimeter security, exit lane security, and access
control subcommittee to provide recommendations on
airport perimeter security, exit lane security at
commercial service airports, and access control issues.
(2) Meetings and reporting.--The 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 improving perimeter
security, exit lane security at commercial service
airports, and access control procedures at commercial
service and general aviation airports.
(3) Membership.--The subcommittee shall--
(A) include members of the Advisory Committee
with expertise in airport perimeter security
and access control issues; and
(B) be co-chaired by a Government and
industry official.
(g) Risk-based Subcommittee.--
(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee a risk-based
subcommittee to provide recommendations on passenger
screening policies and cargo.
(2) Meetings and reporting.--The 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 the Transportation Security
Administration's risk-based security programs.
(3) Membership.--The subcommittee shall--
(A) include members of the Advisory Committee
with expertise in passenger advocacy and
airport security operations; and
(B) be cochaired by a Government and industry
official.
(h) Security Technology Subcommittee.--
(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee a security
technology subcommittee to provide recommendations on
security technology issues, including harmonization of
security technology standards and requirements.
(2) Meetings and reporting.--The 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 security technology. Such
submissions shall include recommendations to improve
the Transportation Security Administration's
utilization of security technology and harmonization of
security technology standards and requirements. All
recommendations shall be in furtherance of aviation
security and technology neutral.
(3) Membership.--The subcommittee shall--
(A) include members of the Advisory Committee
with expertise in checkpoint, baggage, and air
cargo security technology; and
(B) be co-chaired by a Government and
industry official.
(i) Other Subcommittees.--The Assistant Secretary, in
consultation with the Advisory Committee, may establish within
the Advisory Committee any other subcommittee that the
Assistant Secretary and Advisory Committee determine necessary.
(j) Subject Matter Experts.--Each subcommittee under this
section shall include subject matter experts with relevant
expertise who are appointed by the respective subcommittee
chairperson.
(k) Nonapplicability of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee
and its subcommittees.
(l) Definitions.--In this section, the following definitions
apply:
(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.--The term ``perimeter
security''--
(A) means procedures or systems to monitor,
secure, and prevent unauthorized access to an
airport, including its airfield and terminal;
and
(B) includes the fence area surrounding an
airport, access gates, and access controls.
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ADDITIONAL VIEWS
I was pleased that during consideration of H.R. 1204, the
``Aviation Security Stakeholder Participation Act of 2013,'' my
amendment broadening the scope of the subcommittee on perimeter
security to include the distinct issue of exit lane security
was adopted with the unanimous support of the Committee.
Since 9/11, exit lanes at many commercial service airports
have been protected by Transportation Security Officers. This
past spring, in its budget submission to Congress, TSA
announced that it would discontinue its practice of providing
security services at exit lanes. This decision was made without
formal engagement with stakeholders.
If TSA proceeds with its plan, airport operators will be
forced to hire security guards, purchase and install new
security technology or some combination of both. It is
regrettable that this change to the security operations at our
nation's commercial airports was announced without first
engaging in formal consultation with the airport operators it
directly impacts.
In July, Airports Council International conducted a survey
of its Member airports to assess the financial impact on
airport operators should TSA finalize its proposed policy
change. As a result of that survey, Airports Council
International calculated that the total annual cost for airport
operators to provide staff to monitor exit lanes would be more
than $159 million.
While my amendment does not prohibit TSA from moving
forward with its proposed policy change regarding exit lanes,
it would ensure that going forward, stakeholders, such as the
airport operators that will be required to implement the
policies TSA mandates will have a voice in the process via the
Aviation Security Advisory Committee. I am pleased that my
amendment garnered the support of the Airports Council
International, Airlines for America, the American Association
of Airport Executives, and the Regional Airline Association.
I look forward to enactment of H.R. 1204, a bill introduced
by Ranking Member Thompson, so that the Aviation Security
Advisory Committee never again becomes inactive and has its
charter laps, as happened during the previous Administration,
and the establishment of a subcommittee on exit lane security
is realized.
Steven Horsford.