[Congressional Record (Bound Edition), Volume 160 (2014), Part 12]
[House]
[Pages 17436-17438]
[From the U.S. 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.
       ``(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

[[Page 17437]]

     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.
  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.

[[Page 17438]]



                              {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.

                          ____________________