[Congressional Record Volume 160, Number 150 (Wednesday, December 10, 2014)]
[House]
[Pages H8973-H8975]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT OF 2013
Mr. HUDSON. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
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 2014''.
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 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), 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.
``(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.
[[Page H8974]]
``(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.''.
(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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Hudson) and the gentleman from Mississippi (Mr.
Thompson) 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 as much time as I may
consume.
Mr. Speaker, I rise today in support of the Senate amendment to H.R.
1204, the Aviation Security Stakeholder Participation Act. This bill
was introduced by my colleague from Mississippi (Mr. Thompson), the
ranking member of the Committee on Homeland Security.
I would like to thank the ranking member for developing this
legislation, which would ensure stable, open lines of communication
between TSA and a multitude of aviation security stakeholders.
I also thank the chairman of the full committee, the gentleman from
Texas (Mr. McCaul) for his support and work on this bill in seeing it
through committee and the House.
Additionally, our colleagues in the Senate, particularly Senators
Rockefeller, Tester, Thune, and Ayotte, played an integral role in
bringing this bill to the finish line.
Mr. Speaker, H.R. 1204, which passed unanimously out of our
committee, and passed the House 1 year ago, is an important piece of
legislation that requires exactly the sort of stakeholder outreach that
Congress expects from the TSA.
TSA should constantly solicit feedback from the aviation community
before making new security policies, especially when these policies
could translate into big headaches for the traveling public or the
aviation industry.
Last year, we saw firsthand what can happen when TSA tries to make
policy decisions in a vacuum. TSA announced it was going to allow small
knives and sports equipment to be carried onto airplanes before
consulting key stakeholders. The result was a very public disagreement
and, eventually, a complete reversal of the decision. Had the process
been handled differently, the outcome may have been very different.
The Aviation Security Advisory Committee, or ASAC, already provides
important input to TSA on policy decisions, and includes U.S. air
carriers, all cargo air carriers, airport operators, flight attendants,
law enforcement and many other groups. This bill codifies the existing
ASAC into law and gives additional groups a seat at the table.
It also requires TSA to provide feedback on the ASAC recommendations,
which it doesn't consistently do today, and makes it possible for the
ASAC to discuss sensitive security information, as appropriate.
Eighteen diverse industry associations, including U.S. airlines,
airports, the travel industry, general aviation, and technology
manufacturers support this bipartisan bill.
Mr. Speaker, I urge my colleagues to support the Senate amendment to
H.R. 1204, and I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in strong support of
the Senate amendment to H.R. 1204, the Aviation Security Stakeholder
Participation Act of 2014, and yield myself such time as I may consume.
Mr. Speaker, at the outset, I would like to thank Chairmen McCaul and
Hudson and Ranking Member Richmond for their support of the measure
before us today.
I would like to thank Senator Tester for working with me to introduce
companion legislation.
Finally, I commend Chairman Rockefeller for taking an interest in
this legislation and moving it through the Senate Committee on
Commerce, Science, and Transportation.
Mr. Speaker, the legislation before us today has gone through regular
order and is the product of thoughtful deliberation and bipartisan
agreement.
Indeed, the Senate amendment to H.R. 1204 improves upon the bill
passed by the House in December of last year by enhancing transparency
while preserving the ability of the Aviation Security Advisory
Committee to effectively and efficiently conduct its important work.
By concurring in the Senate amendment to H.R. 1204, and sending the
bill to the President for his signature, the House will be ensuring
that stakeholders, including labor organizations, airports, small
business operators at airports, and airlines, have a permanent seat at
the table when TSA is developing policies and procedures that directly
impact their work and businesses.
When Congress established TSA in response to the 9/11 terrorist
attacks, the agency was granted broad latitude to develop, implement,
and modify aviation security policies and procedures.
As a result, in many instances, TSA is not required to, and does not
go through, the Federal rulemaking process to establish new policies or
modify those already on the books.
I have introduced H.R. 1204 to ensure that input from the key
stakeholders is sought, received, and considered by TSA. To that end,
my bill not only makes the Aviation Security Advisory Committee
permanent but puts new requirements on TSA to consult with this body
and give its recommendations thoughtful and timely consideration.
It also requires the establishment of subcommittees within the larger
Aviation Security Advisory Committee to focus on air cargo security,
general aviation security, perimeter security, and security technology.
Whatever your views on TSA, I believe we can all agree that aviation
security policymaking should reflect meaningful consultation and
coordination with key stakeholders.
Mr. Speaker, as you have heard, H.R. 1204 has broad bipartisan
support within Congress and is supported by a wide array of
stakeholders. The Senate passed the bill by unanimous consent, and the
House initially passed the bill last December with over 400 Members
voting in favor.
I urge my colleagues to display the same level of support for the
Senate amendment to H.R. 1204 so that this bipartisan legislation can
be sent to the President for his signature.
[[Page H8975]]
Mr. Speaker I yield back the balance of my time.
Mr. HUDSON. Mr. Speaker, this is an important bipartisan bill that I
believe will make a real difference for the future of aviation
security.
I want to thank all those on both sides of the aisle and on both
sides of the Hill who played a key role in moving this bill.
I would also like to thank the staff, not just for their work on this
bill, but also the other transportation security bills that we sent to
the President this Congress: Brian Turbyfill, Cedric Haynes, Jake
Vreeburg, Kyle Klein, Nicole Halavik, Matt Haskins, Gerry Sleefe and
Amanda Parikh.
{time} 1515
I thank all of you for your service to our country and for your hard
work.
I urge my colleagues to vote ``yes'' and to send this bill to the
President for his signature.
Mr. Speaker, I yield back the balance of my time.
Mr. RICHMOND. Mr. Speaker, I rise in strong support of the Senate
amendment to H.R. 1204.
Soliciting input from impacted stakeholders is critical to developing
effective policies.
H.R. 1204, introduced by Ranking Member Thompson, codifies that
sentiment by making permanent the Aviation Security Advisory Committee.
The Aviation Security Advisory Committee is a valuable asset to our
nation's aviation security because it helps ensure that the policies
that TSA develops are responsive to the security challenges and can be
effectively integrated.
As the Ranking Member on the Subcommittee on Transportation Security,
I have seen firsthand just how critical it is for TSA to solicit and
heed stakeholder recommendations.
I congratulate Ranking Member Thompson for his stewardship of this
legislation and look forward to the House concurring in the Senate
amendment so that this legislation can become law.
I would like to take this opportunity to again thank Administrator
Pistole for his service.
For over four years, Administrator Pistole led the Transportation
Security Administration honorably and effectively.
Thanks to his leadership, TSA is a more efficient, risk-based,
agency.
Administrator Pistole is expected to step down from his post at the
end of the year. He will be missed.
With that Mr. Speaker, I urge support for the Senate amendment to
H.R. 1204.
Mr. McCAUL. Mr. Speaker, I support H.R. 1204, the Aviation Security
Stakeholder Participation Act, sponsored by the gentleman from
Mississippi, the Ranking Member of the Committee on Homeland Security,
Mr. Thompson.
This legislation, as amended by the Senate, will ensure that TSA is
maintaining open lines of communication with relevant stakeholder
groups through the Aviation Security Advisory Committee (ASAC). H.R.
1204 codifies the existing ASAC and prohibits TSA from allowing the
Committee's charter to lapse, as has happened in the past. It also
ensures a diverse group of stakeholders have a seat at the table,
requires TSA to provide feedback on the Committee's recommendations,
and makes it possible for the Committee to discuss sensitive security
information, as appropriate.
The ASAC and all of its members have a vested interest in the
security of our nation's critical aviation systems and can help TSA
make well-informed, effective policy decisions. The type of
collaborative effort that the ASAC fosters is vitally important to our
nation's aviation security, and I thank the Ranking Member for
developing H.R. 1204 and for his leadership on this issue. I also thank
the Chairman of the Subcommittee on Transportation Security, Mr.
Hudson, and the Ranking Member of the Subcommittee, Mr. Richmond, for
their commitment to improving TSA. Finally, I wish to thank our
colleagues in the Senate for their work on this bill, including
Senators Tester, Rockefeller, Thune, and Ayotte.
I urge my colleagues to support the Senate amendment to H.R. 1204 and
send this bill to the President for his signature.
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 concur in the Senate amendment to the bill, H.R. 1204.
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.
____________________