[Congressional Record (Bound Edition), Volume 163 (2017), Part 3]
[House]
[Pages 4431-4433]
[From the U.S. Government Publishing Office, www.gpo.gov]




              TSA ADMINISTRATOR MODERNIZATION ACT OF 2017

  Mr. KATKO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1309) to streamline the office and term of the Administrator 
of the Transportation Security Administration, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1309

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``TSA Administrator 
     Modernization Act of 2017''.

     SEC. 2. AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002 AND 
                   TITLE 5, UNITED STATES CODE.

       (a) Homeland Security Act of 2002.--Paragraph (1) of 
     section 103(a) of the Homeland Security Act of 2002 is 
     amended--
       (1) in subparagraph (I), by striking ``12'' and inserting 
     ``11''; and
       (2) by adding at the end the following new subparagraph:
       ``(L) An Administrator of the Transportation Security 
     Administration, in accordance with section 114 of title 49, 
     United States Code.''.
       (b) Inclusion in Executive Schedule.--Section 5315 of title 
     5, United States Code, is amended by adding at the end the 
     following:

     ``Administrator of the Transportation Security 
     Administration, Department of Homeland Security.''.

     SEC. 3. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

       Section 114 of title 49, United States Code, is amended--
       (1) in subsection (a), by striking ``Department of 
     Transportation'' and inserting ``Department of Homeland 
     Security'';
       (2) in subsection (b)(1), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration'';
       (3) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator'';
       (4) in subsection (b), in the heading, by striking ``Under 
     Secretary'' and inserting ``Administrator'';
       (5) in subsection (e)(4), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security'';
       (6) in subsection (f)--
       (A) in paragraph (6), by striking ``Federal Security 
     Managers'' and inserting ``Federal Security Directors''; and
       (B) in paragraph (14), by inserting ``air carriers or'' 
     before ``foreign air carriers'';
       (7) in subsection (g)--
       (A) by striking ``the Secretary'' each place it appears and 
     inserting ``the Secretary of Homeland Security''; and
       (B) in paragraph (3), by striking ``The Secretary'' and 
     inserting ``The Secretary of Homeland Security'';
       (8) in subsection (j)(1)(D), by striking ``the Secretary'' 
     and inserting ``the Secretary of Homeland Security'';
       (9) in subsection (l)--
       (A) in paragraph (2)(A), by striking ``the Secretary'' and 
     inserting ``the Secretary of Homeland Security''; and
       (B) in paragraph (4)(B), by striking ``the Administrator 
     under subparagraph (A)'' and inserting ``the Administrator of 
     the Federal Aviation Administration under subparagraph (A)'';

[[Page 4432]]

       (10) in subsection (m)--
       (A) in the heading, by striking ``Under Secretary'' and 
     inserting ``Administrator''; and
       (B) in paragraph (1), in the heading, by striking ``Under 
     secretary'' and inserting ``Administrator'';
       (11) in subsection (n), by striking ``Department of 
     Transportation'' and inserting ``Department of Homeland 
     Security'';
       (12) in subsection (o), by striking ``Department of 
     Transportation'' and inserting ``Department of Homeland 
     Security''; and
       (13) in subsection (p)(4), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentlewoman from New York (Miss Rice) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. KATKO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days 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 New York?
  There was no objection.
  Mr. KATKO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today to ask the House to support H.R. 1309, 
the TSA Administrator Modernization Act of 2017.
  TSA was created within the Department of Transportation in 2001 to 
address the security vulnerabilities that were exposed in the attacks 
of 9/11. At that time, the administrator was given a 5-year term. 
However, when TSA and its functions transferred to the Department of 
Homeland Security a year later, the 5-year term officially terminated 
by statute.
  Many of the issues and bureaucratic challenges that TSA faces today 
stem from a lack of consistent leadership at the top. Since I came to 
Congress in January 2015, TSA has had no less than five different 
individual administrators, both as appointees and as acting 
administrators. This is a staggering number in such a brief period of 
time.
  A revolving door of leadership has further exacerbated the numerous 
problems that plague this young agency. It is unacceptable that this 
has gone on for more than a decade. The American people deserve better, 
and that is why we are here today with this bill.
  This bill addresses these issues by reestablishing the 
administrator's position, level, and 5-year term, just as Congress 
originally intended when it created TSA in the wake of 9/11. 
Additionally, this bill updates Federal statute to reflect current 
policy by clarifying TSA's proper role within the Department of 
Homeland Security.
  While this is only one step in addressing the many challenges at TSA, 
this legislation will provide for more consistent leadership at such a 
critical security agency.
  Ensuring the effectiveness of Federal agencies and the security of 
the American people is a bipartisan task, and one of which I am happy 
to be part of. I commend my colleagues on both sides of the aisle for 
coming together to support this bill. This is exactly what the American 
people expect from us.
  I especially want to thank Chairman McCaul and Ranking Member 
Thompson for moving this bill swiftly through committee to the floor 
today. I also thank Congresswoman Rice, who is supporting this bill as 
well.
  Madam Speaker, I reserve the balance of my time.

         Committee on Transportation and Infrastructure, House of 
           Representatives,
                                   Washington, DC, March 13, 2017.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: I write concerning H.R. 1309, the 
     ``TSA Administrator Modernization Act of 2017.'' This 
     legislation includes matters that fall within the Rule X 
     jurisdiction of the Committee on Transportation and 
     Infrastructure.
       In order to expedite Floor consideration of H.R. 1309, the 
     Committee on Transportation and Infrastructure will forgo 
     action on this bill. However, this is conditional on our 
     mutual understanding that forgoing consideration of the bill 
     does not prejudice the Committee with respect to the 
     appointment of conferees or to any future jurisdictional 
     claim over the subject matters contained in the bill or 
     similar legislation that fall within the Committee's Rule X 
     jurisdiction. I request you urge the Speaker to name members 
     of the Committee to any conference committee named to 
     consider such provisions.
       Please place a copy of this letter and your response 
     acknowledging our jurisdictional interest in the 
     Congressional Record during House Floor consideration of the 
     bill. I look forward to working with the Committee on 
     Homeland Security as the bill moves through the legislative 
     process.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                   Washington, DC, March 15, 2017.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Shuster: Thank you for your letter regarding 
     H.R. 1309, the ``TSA Administrator Modernization Act of 
     2017''. I appreciate your support in bringing this 
     legislation before the House of Representatives. I understand 
     that the Committee on Transportation and Infrastructure, to 
     the extent it may have a jurisdictional claim, will not seek 
     a sequential referral on the bill; and therefore, there has 
     been no formal determination as to its jurisdiction by the 
     Parliamentarian. We appreciate your cooperation in this 
     matter.
       The Committee on Homeland Security concurs with the mutual 
     understanding that the absence of a decision on this bill at 
     this time does not prejudice any claim the Committee on 
     Transportation and Infrastructure may have held or may have 
     on similar legislation in the future.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,

                                            Michael T. McCaul,

                                                         Chairman,
     Committee on Homeland Security.
                                  ____

         House of Representatives, Committee on Oversight and 
           Government Reform,
                                   Washington, DC, March 13, 2017.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Mr. Chairman: I write concerning H.R. 1309, the ``TSA 
     Administrator Modernization Act of 2017.'' This bill amends 
     positions included in executive service (5 U.S.C. Sec. 5315) 
     which is within the jurisdiction of the Committee on 
     Oversight and Government Reform. As a result of your having 
     consulted with me concerning the provision of the bill that 
     falls within our Rule X jurisdiction, I agree not to seek a 
     sequential referral so that the bill may proceed 
     expeditiously to the House floor.
       The Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 1309 at 
     this time we do not waive any jurisdiction over the subject 
     matter contained in this or similar legislation. We will be 
     appropriately consulted and involved as the bill or similar 
     legislation moves forward so that we may address any 
     remaining issues that fall within our Rule X jurisdiction. 
     Further, I request your support for the appointment of 
     conferees from the Committee on Oversight and Government 
     Reform during any House-Senate conference convened on this or 
     related legislation.
       Finally, I would appreciate your response to this letter 
     confirming this understanding and ask that a copy of our 
     exchange of letters on this matter be included in the bill 
     report filed by the Committee on Homeland Security, as well 
     as in the Congressional Record during floor consideration, to 
     memorialize our understanding.
           Sincerely,
                                                   Jason Chaffetz,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                   Washington, DC, March 15, 2017.
     Hon. Jason Chaffetz,
     Chairman, Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Chairman Chaffetz:  Thank you for your letter 
     regarding H.R. 1309, the ``TSA Administrator Modernization 
     Act of 2017.'' I appreciate your support in bringing this 
     legislation before the House of Representatives, and 
     accordingly, understand that the Committee on Oversight and 
     Government Reform will not seek a sequential referral on the 
     bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing a sequential referral of this 
     bill at this time, the Committee on Oversight and Government 
     Reform does not waive any jurisdiction over the subject 
     matter contained in this bill or similar legislation in the 
     future. In addition, should a conference on this bill be 
     necessary, I would support your request to have the Committee 
     on Oversight and Government Reform represented on the 
     conference committee.

[[Page 4433]]

       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman,
                                   Committee on Homeland Security.

  Miss RICE of New York. Madam Speaker, I yield myself such time as I 
may consume.
  I rise in support of H.R. 1309, the TSA Administrator Modernization 
Act of 2017.
  When the Transportation Security Administration was created after the 
terrorist attacks of September 11, 2001, Congress intended for the 
administrator to serve a 5-year term, like the administrator of the 
Federal Aviation Administration.
  However, since TSA moved from the Department of Transportation to the 
Department of Homeland Security in 2003, there has been a lack of 
clarity about the length of the administrator's term. The measure 
before us today clarifies Congress' expectation that TSA administrators 
serve for 5 years.
  In TSA's short history, it has had six Senate-confirmed 
administrators. None has served more than 4 years. The last TSA 
administrator, Peter Neffenger, served just 2 years.
  Stability at the top is critically important as we push TSA to 
improve its performance and address ongoing challenges.
  For example, after recent covert testing carried out by the 
Department's inspector general revealed alarming weaknesses in 
checkpoint screening operations, Administrator Neffenger focused TSA's 
attention on addressing its detection rate failures, improving 
training, and reducing vulnerabilities associated with commercial 
aviation screening. At the same time, Administrator Neffenger worked 
with Congress to increase TSA staffing levels in response to long wait 
times at security checkpoints during the peak travel season last 
summer. Under his leadership, TSA successfully reduced wait times that 
had reached as long as 3 hours at some airplanes, without compromising 
the effectiveness of security measures. And while confronting those 
urgent short-term challenges, Administrator Neffenger was also focused 
on addressing TSA's longer-term challenges related to employee 
recruitment, retention, and morale.
  I regret, as I know my colleague, Mr. Katko, does, that Administrator 
Neffenger did not have the opportunity to stay on and continue making 
progress within the administration. But I think we can all agree that 
TSA needs steady leadership in order to continue to evolve and fulfill 
its mission to protect the traveling public.
  We can help ensure that TSA will have that stability and sustained 
focus at the top by passing this bill today.
  I thank my colleague from New York, Representative Katko, for 
introducing this bipartisan legislation, and I urge all of our 
colleagues to give it their full support.
  Madam Speaker, I urge support for H.R. 1309. This bill was 
unanimously approved by the Committee on Homeland Security earlier this 
month.
  Enacting H.R. 1309 will provide TSA with stable, sustained leadership 
the administration needs to chart a more consistent course and overcome 
its longstanding challenges.
  I would also like to commend my colleague, Mr. Katko, who has been 
absolutely dogged in his support of TSA and ensuring that it has the 
support and the resources that it needs. I thank him for his work on 
this bill.
  Madam Speaker, I yield back the balance of my time.
  Mr. KATKO. Madam Speaker, I yield myself the balance of my time.
  I want to recognize Congresswoman Rice's comments. I thought they 
were excellent, and not just because they were nice for me.
  Her comments about Admiral Neffenger, in particular, were very 
poignant because he was doing a great job at TSA and he was only there 
2 years. What he did in 2 years really made a big difference in the 
trajectory of that agency. Much like other Federal agencies that are 
empowered to do very important things, like the FBI who has a long-term 
tenure, I think the same thing needs to be done here.
  Admiral Neffenger and people like him should be in control of the 
agency for extended periods of time because then, and only then, can we 
make the true changes that we are going to need.
  Madam Speaker, I yield back the balance of my time.

                              {time}  1600

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Katko) that the House suspend the rules 
and pass the bill, H.R. 1309.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________