[House Report 114-775]
[From the U.S. Government Publishing Office]


114th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       114-775

======================================================================



 
           BOTTLES AND BREASTFEEDING EQUIPMENT SCREENING ACT

                                _______
                                

 September 20, 2016.--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

                        [To accompany H.R. 5065]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5065) to direct the Secretary of Homeland 
Security to notify air carriers and security screening 
personnel of the Transportation Security Administration of such 
Administration's guidelines regarding permitting baby formula, 
breast milk, and juice on airplanes, and for other purposes, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Bottles and Breastfeeding Equipment 
Screening Act''.

SEC. 2. TSA SECURITY SCREENING GUIDELINES FOR BABY FORMULA, BREAST 
                    MILK, PURIFIED DEIONIZED WATER FOR INFANTS, AND 
                    JUICE ON AIRPLANES; TRAINING ON SPECIAL PROCEDURES.

  Not later than 90 days after the date of the enactment of this Act, 
the Administrator of the Transportation Security Administration shall--
          (1) notify air carriers and security screening personnel of 
        the Transportation Security Administration and personnel of 
        private security companies providing security screening 
        pursuant to section 44920 of title 49, United States Code, of 
        such Administration's guidelines regarding permitting baby 
        formula, breast milk, purified deionized water for infants, and 
        juice on airplanes under the Administration's guidelines known 
        as the 3-1-1 Liquids Rule Exemption; and
          (2) in training procedures for security screening personnel 
        of the Administration and private security companies providing 
        security screening pursuant to section 44920 of title 49, 
        United States Code, include training on special screening 
        procedures.

    Amend the title so as to read:
    A bill to direct the Administrator of the Transportation 
Security Administration to notify air carriers and security 
screening personnel of the Transportation Security 
Administration of such Administration's guidelines regarding 
permitting baby formula, breast milk, and juice on airplanes, 
and for other purposes.

                          Purpose and Summary

    The purpose of H.R. 5065 is to direct the Secretary of 
Homeland Security to notify air carriers and airport security 
screening personnel of the Administration's guidelines 
regarding permitting baby formula, breast milk, and juice on 
airplanes, and for other purposes.

                  Background and Need for Legislation

    The Transportation Security Administration (TSA) prohibits 
passengers from carrying on containers with liquids over 3.4 
ounces. However, exceptions are made for medications and 
``infant and child nourishments.'' H.R. 5065 institutionalizes 
TSA's current policy on child nourishments, found below, into 
law.

                                Hearings

    No hearings were held on H.R. 5065 in the 114th Congress; 
however the Subcommittee on Transportation Security held a 
hearing on March 25, 2016, entitled ``Risk-Based Security: 
Assessing the Path Forward for TSA PreTM.'' 
The Subcommittee received testimony from Hon. John Roth, 
Inspector General, U.S. Department of Homeland Security; Mr. 
Kenneth Fletcher, Chief Risk Officer, Transportation Security 
Administration, U.S. Department of Homeland Security; and Ms. 
Jennifer Grover, Director, Homeland Security and Justice, U.S. 
Government Accountability Office.

                        Committee Consideration

    The Committee met on September 13, 2016, to consider H.R. 
5065, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:
An amendment offered by Ms. Jackson Lee (#1) was AGREED TO by 
voice vote.
     Page 2, line 2, after ``Breast Milk,'' insert ``Purified Deionized 
Water for Infants,''.
     Page 2, line 11, after ``breast milk,'' insert ``purified 
deionized water for infants,''.

An amendment offered by Miss Rice (#2) was AGREED TO by voice 
vote.
     Page 2, line 6, strike ``Secretary of Homeland Security'' and 
insert ``administrator of the Transportation Security Administration''.
     Page 2, beginning at line 16, strike ``all special procedures 
under the Administration's travel guidelines'' and insert ``special 
screening procedures''.
     Amend the title of the bill so as to read: ``A bill to direct the 
Administrator of the Transportation Security Administration to notify 
air carriers and security screening personnel of the Transportation 
Security Administration of such Administration's guidelines regarding 
permitting baby formula, breast milk, and juice on airplanes, and for 
other purposes.''.

An amendment offered by Miss Rice (#3) was AGREED TO by voice 
vote.
     Page 2, line 10, insert ``and personnel of private security 
companies providing security screening pursuant to section 44920 of 
title 49, United States Code,'' before ``of''.
     Page 2, line 15, insert ``and personnel of private security 
companies providing security screening pursuant to section 44920 of 
title 49, United States Code'' after ``Administration''.

                            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. 5065.

                      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. 
5065, the Bottles and Breastfeeding Equipment Screening Act, 
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, September 16, 2016.
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. 5065, the Bottles 
and Breastfeeding Equipment Screening Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 5065--Bottles and Breastfeeding Equipment Screening Act

    H.R. 5065 would require the Transportation Security 
Administration (TSA) to notify air carriers, TSA security 
screening personnel, and other providers of screening services 
at airports about federal policies that allow baby formula, 
breast milk, and certain other liquids on airplanes. The bill 
also would require TSA to ensure that procedures for training 
federal and nonfederal screening personnel address those and 
other special screening procedures.
    According to TSA, the requirements of H.R. 5065 are 
consistent with its existing administrative procedures; thus, 
CBO estimates that enacting H.R. 5065 would not affect the 
federal budget.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 5065 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 5065 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. 
The estimate was approved by H. Samuel Papenfuss, 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. 5065 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    H.R. 5065 requires the TSA to notify all air carriers and 
airport security screening personnel of the Administration's 
guidelines known as the 3-1-1 Liquids Rule Exemption. 
Additionally, the Administrator of the TSA shall include 
training on special screening procedures in training procedures 
for security screening. personnel.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 5065 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. 5065 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5065 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.

                  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.

    This section provides that this bill may be cited as the 
``Bottles and Breastfeeding Equipment Screening Act''.

Section 2.   TSA Security Screening Guidelines for Baby Formula, Breast 
        Milk, and Juice on Airplanes; Training on Special Procedures.

    This section requires that 90 days after enactment of this 
Act the Secretary of Homeland Security notify air carriers and 
airport security screening personnel that baby formula, breast 
milk, purified deionized water for infants and juice will be 
permitted under the 3-1-1 Liquids Rule Exception. This section 
also requires training procedures for security screening 
personnel be updated to reflect this change.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 5056 makes no changes to existing law.

                               [all]