[Congressional Record Volume 160, Number 132 (Tuesday, September 16, 2014)]
[House]
[Pages H7612-H7613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     AIR PASSENGER FEE LIMITATIONS

  Mr. HUDSON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5462) to amend title 49, United States Code, to provide for 
limitations on the fees charged to passengers of air carriers.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5462

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. LIMITATION ON FEES CHARGED TO PASSENGERS OF AIR 
                   CARRIERS.

       (a) In General.--Subsection (c) of section 44940 of title 
     49, United States Code, is amended to read as follows:
       ``(c) Limitation on Fee.--
       ``(1) Amount.--Fees imposed under subsection (a)(1) shall 
     be $5.60 per one-way trip in air transportation or intrastate 
     air transportation that originates at an airport in the 
     United States, except that the fee imposed per round trip 
     shall not exceed $11.20.
       ``(2) Definition of round trip.--In this subsection, the 
     term `round trip' means a trip on an air travel itinerary 
     that terminates or has a stopover at the origin point (or co-
     terminal).''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to a trip in air transportation or 
     intrastate air transportation that is purchased on or after 
     the date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Hudson) and the gentlewoman from Texas (Ms. Jackson 
Lee) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.


                             General Leave

  Mr. HUDSON. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. HUDSON. Mr. Speaker, I yield myself such time as I may consume.
  I rise in strong support of H.R. 5462, a bill I introduced to address 
executive overreach affecting the traveling public.
  Specifically, this bill would lower fees for certain airline 
passengers by clarifying congressional intent and setting a mandatory 
cap on the fees that TSA collects for round trips.
  Since 9/11, aviation user fees have helped to defray security costs 
and ensure that our vital transportation network remains safe. However, 
when the Bipartisan Budget Act increased these fees, TSA took the 
language to mean that it was authorized to collect an even higher 
amount than Congress intended, and it eliminated its own longstanding 
cap on round trip fees.
  Bipartisan Members of the House and Senate, including the authors of 
the Bipartisan Budget Act, agree that TSA is not authorized to collect 
these higher fees from travelers, which will add $60 to $70 million 
annually to the cost of air travel.
  H.R. 5462 looks to correct this overreach and save American taxpayers 
from having to shell out millions of dollars in extra fees. Reducing 
the burden on airline passengers benefits everyone--from helping 
families save money when taking a vacation to cutting costs for our 
small businesses whose employees travel for work.
  I urge my colleagues to support the bill, and I reserve the balance 
of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in strong support of H.R. 5462.
  At the outset, I would like to commend the chairman of the 
Subcommittee on Transportation Security, Representative Hudson, for the 
bipartisan approach he has taken with this legislation. I know that Mr. 
Thompson and Mr. Richmond have joined him on this legislation, and I 
have as well.
  H.R. 5462 seeks to remove any confusion about a key provision of the 
Bipartisan Budget Act of 2013 as enacted into law in December 2013. 
Section 601 of that law provided for the aviation security fee that the 
Transportation Security Administration collects to increase to $5.60 
per one-way trip.
  We know that since 9/11 this department was created, and the fees 
have been utilized to continue to protect the homeland, fees that are 
assessed on the airlines and utilized by the Transportation Security 
Administration, but we are attempting to make sure that the process is 
fair. The language did not specifically cap the fee for a round trip 
ticket, but common sense would tell us that Congress intended the 
passenger fee for a round trip to be twice that of a one-way trip, or 
$11.20.
  Regrettably, TSA has missed this intent, resulting in some passengers 
being assessed excessive fees.
  We have the responsibility here in the United States Congress to 
provide the kind of oversight that treats the Transportation Security 
Administration fairly: providing them with resources; ensuring that 
they are protecting the traveling public; ensuring that their TSOs are 
trained; and, as well, acknowledging the important work that they do. 
But we have, likewise, a responsibility to the traveling public, and we 
must balance that with making sure that the fees that are assessed are 
not excessive.
  The legislation before us today clarifies that the passenger security 
fee should be capped for a round trip at twice the rate assessed for a 
one-way trip.
  Mr. Speaker, for the better part of 5 months, the Committee on 
Homeland Security and others in Congress have been engaged in a back-
and-forth with TSA on this issue. It is my sincere hope that, with this 
guidance and the enactment of this legislation, this will resolve this 
issue, once and for all, for the American flying public. Again, as I 
indicated, it is important to be balanced and fair.
  Simply put, this straightforward, bipartisan legislation will ensure 
that passengers are no longer charged air transportation fees above and 
beyond what Congress envisioned and intended.
  Let me again thank Chairman Hudson for his leadership on this issue 
and for the give-and-take that has gone on.
  I do want to add two points to my closing remarks as I urge my 
colleagues to support H.R. 5462 so that TSA can no longer charge 
passenger security fees above and beyond what is reasonable and what 
Congress has intended.
  I think it is important--and I know Mr. Hudson will agree with me--
the work of the Transportation Security Administration and the 
improvement of training that we have seen in TSO officers in the line 
of defense, if you will, that they serve in the Nation's airports.
  I want to acknowledge an incident that allegedly occurred, or 
occurred, with a FAM officer in Nigeria. I want to express to the 
Federal Air Marshals my concern for that issue and that incident. To 
the particular air marshal who was in the line of duty and his having 
been attacked with a hypodermic needle, we express our concern, and we 
are pleased that there are continued negotiations regarding the process 
of those FAMs going through international airports.
  Lastly, I would say--and I hope that we will engage in this 
discussion--I know Chairman Hudson is having a number of meetings. We 
are all aware, on the backdrop on the debate we will have tomorrow on 
ISIL, of the potential of the impact on the homeland. We know that we 
have about 100 American passport individuals who have left for the 
foreign fighters.
  I am looking to introduce in very short order legislation that 
indicates No Fly for Foreign Fighters Act of 2014, which gives greater 
details and assessment of the No Fly List, the watch list, to make sure 
that those with American passports who have gone to the fight cannot be 
on our airlines; so I am looking forward to working with the committee 
on this issue.
  I only offer that, Mr. Speaker, because of the important work of the 
Transportation Security Subcommittee, and the responsibility that we 
have here on the securing of the

[[Page H7613]]

homeland really is a strong component of the Transportation Security 
Subcommittee.
  You have been a leader along with the ranking member. I look forward 
to working with you, and I believe that the Homeland Security Committee 
and the Homeland Security Department are key factors in securing the 
homeland in the backdrop of this new threat of ISIL as all of the other 
committees work together on making sure that Americans are safe.
  I conclude by asking my colleagues to support H.R. 5462 and to 
support the idea of a fair and balanced assessment on passenger 
security fees.
  Mr. Speaker, at the outset, I would like to commend the Chairman of 
the Subcommittee on Transportation Security, Representative Hudson, for 
the bipartisan approach he has taken with this legislation.
  H.R. 5462 seeks to remove any confusion about a key provision of the 
``Bipartisan Budget Act of 2013,'' As enacted into law in December 
2013.
  Section 601 of that law provided for the aviation security fee that 
Transportation Security Administration collects to increase to $5.60 
per one-way trip.
  The language did not specifically cap the fee for a round-trip ticket 
but common sense would tell us that Congress intended the passenger fee 
for a round-trip to be twice that of a one-way trip or $11.20.
  Regrettably, TSA has missed this intent, resulting in some passengers 
being assessed excessive fees.
  The legislation before us today clarifies that the passenger security 
fee should be capped for a round-trip at twice the rate assessed for a 
one-way trip.
  Mr. Speaker, for the better part of five months, the Committee on 
Homeland Security and others in Congress have been engaged in back-and-
forth with TSA on this issue.
  It is my sincere hope that enactment of this legislation will resolve 
this issue, once and for all, for the American flying public. Mr. 
Speaker, simply put, this straightforward, bipartisan, legislation will 
ensure that passengers are no longer charged air transportation fees 
above and beyond what Congress envisioned and intended.
  I urge all Members to support H.R. 5462 so that TSA can no longer 
charge passengers security fees above and beyond what is reasonable and 
what Congress intended.
  I yield back the balance of my time.
  Mr. HUDSON. Mr. Speaker, I yield myself such time as I may consume.
  I would like to thank Ranking Member Richmond, Chairman McCaul, 
Ranking Member Thompson, and Ranking Member Jackson Lee for their work 
on this issue, and I appreciate the comments the gentlewoman had 
tonight. I would echo that I appreciate the bipartisan nature in which 
she works on issues on the Homeland Security Committee. I appreciate 
the relationship we have had. I respect the gentlewoman very much. I 
appreciate the advice that she has given me, and I appreciate the 
cooperation under which we have worked throughout this Congress.
  I think this product that we bring to the floor today is an example 
of bipartisanship of the best kind--where we can come together, 
Republicans and Democrats, and work for the betterment of the American 
people. I thank the gentlewoman for that very much.
  Mr. Speaker, I would also like to submit a letter from the airline 
industry in support of this bipartisan bill.

                                               September 16, 2014.
     Hon. Mike McCaul,
     House of Representatives,
     Washington, DC.
     Hon. Richard Hudson,
     House of Representatives,
     Washington, DC.
     Hon. Bennie Thompson,
     House of Representatives,
     Washington, DC.
     Hon. Cedric Richmond,
     House of Representatives,
     Washington, DC.
       Dear Chairman McCaul, Chairman Hudson, Ranking Member 
     Thompson and Congressman Richmond: On behalf of Airlines for 
     America (A4A), I am writing to reiterate our strong support 
     for H.R. 5462 that would require the Transportation Security 
     Administration (TSA) to cap the September 11th Security Fee 
     ($5.60 per one-way trip) for a round-trip at twice that of a 
     one-way trip (i.e., $11.20).
       In an effort to streamline the passenger security fee and 
     eliminate a ``per-enplanement'' fee structure, Congress 
     applied a flat fee of $5.60 per one-way trip under the 
     Bipartisan Budget Act of 2013 (Pub. L. 113-67). The intent 
     was to simplify the fee assessment and cap the passenger 
     security fee for a round-trip at twice that of a one-way 
     trip, as has been TSA's long-held policy. Unfortunately, when 
     TSA implemented the higher fee on July 21, 2014, the agency 
     eliminated the round-trip cap.
       While the Act simplified the fee structure, Congress 
     otherwise intended to leave the pre-existing regulatory 
     structure in place. This is unmistakably clear from the 
     limited revisions to the statute. Congressional intent has 
     been emphatically underscored by the Members of Congress who 
     were responsible for drafting these revisions, House Budget 
     Committee Chairman Paul Ryan (R-WI) and Senate Budget 
     Committee Chairwoman Patty Murray (D-WA), in a letter to TSA 
     an Administrator John Pistole (May 6, 2014). This change was 
     made against the backdrop of the existing cap on the fee for 
     a round-trip that was twice the maximum one-way fee.
       Under H.R. 5462, which would require TSA to honor the 
     round-trip cap, passenger security fees would be limited to 
     $5.60 per one-way trip and $11.20 per round-trip. Airlines 
     and their passengers are already paying more than their fair 
     share of federal taxes and fees. The passenger security fee 
     increase that took effect in July will cost airline 
     passengers--who paid a near-record $2 billion in aviation 
     security taxes in 2013--over $1.2 billion annually or $12.6 
     billion over the next decade. As a result of the passenger 
     security fee increase, government-imposed taxes and fees now 
     constitute $63, or 21 percent, of the cost of a typical $300 
     domestic round-trip ticket. To add insult to injury, 
     eliminating the round-trip cap will result in airline 
     passengers paying about $60 million more per year than 
     Congress intended.
       Thank you for your leadership and for fighting for the 
     traveling public on this important issue. We stand ready to 
     help ensure swift, bipartisan approval of H.R. 5462 by the 
     House.
           Sincerely,
                                                Nicholas E. Calio.

  Mr. HUDSON. As the chairman of the Transportation Security 
Subcommittee, I am committed to finding commonsense solutions that 
reduce taxes and make air travel more accessible, leading to more 
frequent trips, increased tourism, and more dollars invested in our 
local economies.
  I urge my colleagues to vote ``yes,'' and I yield back the balance of 
my time.
  Mr. McCAUL. Mr. Speaker, I strongly support H.R. 5462, and I am proud 
to be an original cosponsor of this important bipartisan legislation. 
This bill clarifies Congressional intent on the matter of security fees 
incurred by airline passengers and corrects the Transportation Security 
Administration's misinterpretation of the Bipartisan Budget Act's minor 
modifications to these fees.
  TSA should not collect additional passenger security fees beyond what 
Congress has authorized. H.R. 5462 is common sense, bipartisan 
legislation to clarify the fee structure that Congress intended and 
protect the traveling public from millions of dollars in excess charges 
on their flights.
  I applaud Subcommittee Chairman Hudson, as well as Ranking Member 
Thompson and Ranking Member Richmond for working together on a 
bipartisan basis to address this problem. I urge my colleagues to 
support this bill.
  Mr. RYAN of Wisconsin. Mr. Speaker, earlier this year, the 
Transportation Security Administration (TSA) ignored the clear 
Congressional intent of the Bipartisan Budget Act (P.L. 113-67) (BBA) 
and began collecting aviation security fees beyond the round-trip 
limitation that has existed since the Aviation Security Act of 2001. 
TSA had every opportunity to work with Congress to adjust the fee 
collection structure, but they unfortunately chose to ignore both the 
intent of the BBA and the concerns of individual members.
  H.R. 5462 re-institutes the round-trip cap through statute, ensuring 
that passengers will not be made to pay a security fee in excess of 
what is authorized by Congress. Because the Congressional Budget Office 
has updated its baseline projection to incorporate TSA's incorrect 
implementation of the BBA, H.R. 5462 has a cost. However, passage of 
the bill will return security fee receipts to the level originally 
estimated by the CBO upon passage of the BBA.
  I thank my colleague, Mr. Hudson, for introducing this bill and I 
fully support its passage.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Hudson) that the House suspend the 
rules and pass the bill, H.R. 5462.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HUDSON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________