59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–320 

PARTNERS FOR AVIATION SECURITY ACT 

NOVEMBER 2, 2015.—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. 3144] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 3144) to require consultation with the Aviation Security 

Advisory Committee regarding modifications to the prohibited item 

list, require a report on the Transportation Security Oversight 

Board, and for other purposes, having considered the same, report 

favorably thereon with an amendment 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 amendment is as follows: 

Strike out all after the enacting clause and insert the following: 


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SECTION 1. SHORT TITLE. 

The Act may be cited as the ‘‘Partners for Aviation Security Act’’. 

SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE CONSULTATION. 

The Administrator of the Transportation Security Administration shall consult, to 

the extent practicable, with the Aviation Security Advisory Committee (established 

pursuant to section 44946 of title 49 of the United States Code) regarding any modification to the prohibited item list prior to issuing a determination about any such 

modification. 

SEC. 3. REPORT ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD. 

Not later than 120 days after the date of the enactment of this Act, the Secretary 

of Homeland Security shall submit to the Transportation Security Oversight Board 

(established pursuant to section 115 of title 49, United States Code), the Committee 

on Homeland Security of the House of Representatives, and the Committee on 

Homeland Security and Governmental Affairs and the Committee on Commerce, 

Science, and Transportation of the Senate a report that includes general information 

on how often the Board has met, the current composition of the Board, and what 

activities the Board has undertaken, consistent with the duties specified in subsection (c) of such section. The Administrator may include in such report recommendations for changes to such section in consideration of the provisions of section 44946 of title 49, United States Code. 

SEC. 4. TECHNICAL CORRECTIONS. 

(a) TERMS.—Subparagraph (A) of section 44946(c)(2) of title 49, United States 

Code, is amended to read as follows: 

‘‘(A) TERMS.—The term of each member of the Advisory Committee shall 

be two years but may continue until such time as a successor member begins serving on the Advisory Committee. A member of the Advisory Committee may be reappointed.’’. 

(b) CLARIFICATION.—Paragraph (5) of section 44946(b) of title 49, United States 

Code, is amended by striking ‘‘under paragraph (4)’’ and inserting ‘‘under this subsection’’. 

SEC. 5. DEFINITION. 

In this Act, the term ‘‘prohibited item list’’ means the list of items passengers are 

prohibited from carrying as accessible property or on their persons through passenger screening checkpoints at airports, into sterile areas at airports, and on board 

passenger aircraft, pursuant to section 1540.111 of title 49, Code of Federal Regulations (as in effect on January 1, 2015). 

PURPOSE AND SUMMARY

The purpose of H.R. 3144 is to require consultation with the 

Aviation Security Advisory Committee (ASAC) regarding modifications to the prohibited items list, require a report on the Transportation Security Oversight Board, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

This legislation is based on previous instances in which the 

Transportation Security Administration (TSA) has sought to 

change the prohibited items list without proper consultation with 

industry stakeholders, resulting in confusion and consternation on 

the part of industry, the public, and Congress. Additionally, stakeholder feedback has indicated that the Transportation Security 

Oversight Board has been inactive since being established by statute. Lastly, the technical correction to the existing ASAC law will 

allow members to serve without a lapse in participation or input. 

HEARINGS

No legislative hearings were held on H.R. 3144. 


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COMMITTEE CONSIDERATION

The Committee met on September 30, 2015, to consider H.R. 

3144, 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 MR. PAYNE (#1); was AGREED TO by 

voice vote. 

Page 2, beginning line 13, strike ‘‘Administrator of the Transportation Security 

Administration’’ and insert ‘‘Secretary of Homeland Security’’. 

Page 3, line 3, strike ‘‘CORRECTION’’ and insert ‘‘CORRECTIONS’’. 

Page 3, line 4, strike ‘‘Subparagraph (A) of section 4946(c)(2)’’ and insert the following: (a) TERMS.-Subparagraph (A) of section 2 44946(c)(2) 

Page 3, beginning line 12, insert the following: (b) CLARIFICATION.-Paragraph 

5 of section 44946(b) of title 49, United States Code, is amended by striking 

‘‘under paragraph (4)’’ and inserting ‘‘under this subsection’’. 

The Subcommittee on Transportation Security met on July 23, 

2015, to consider H.R. 3144 and reported the measure to the Full 

Committee with a favorable recommendation, without amendment, 

by voice vote. 

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. 

3144. 

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. 3144, the 

Partners for Aviation Security 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. 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, October 16, 2015. 

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. 3144, the Partners for 

Aviation Security 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. 3144—Partners for Aviation Security Act 

H.R. 3144 would require the Administrator of the Transportation 

Security Administration (TSA) to consult with the Aviation Security Advisory Committee before making any changes to TSA’s list 

of items that are prohibited on airplanes. The bill also would require the Secretary of Homeland Security to report to the Congress 

on activities of the Transportation Security Oversight Board. 

Based on information from TSA about the cost of similar efforts, 

CBO estimates that meeting the requirements of H.R. 3144 would 

cost less than $500,000; any such spending would be subject to the 

availability of appropriated funds. Enacting H.R. 3144 would not 

affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 3144 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2026. 

H.R. 3144 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. 3144 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

This bill directs the Administrator of the Transportation Security 

Administration to consult with the Aviation Security Advisory 

Committee (ASAC) regarding any modification to the prohibited 

items list prior to enforcing such modifications. This bill, also, requires the Administrator to supply a report to the pertinent Congressional committees outlining the activities of the ASAC. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 3144 does not contain any provision that establishes or reauVerDate Sep 11 2014 20:08 Nov 03, 2015 Jkt 059006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR320.XXX HR320

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thorizes 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. 3144 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 3144 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 bill may be cited as the ‘‘Partners for 

Aviation Security Act’’. 

Sec. 2. Aviation Security Advisory Committee consultation 

This section requires the Administrator of the Transportation Security Administration to consult with the Aviation Security Advisory Committee regarding any modification to the prohibited items 

list prior to executing such actions. 

Sec. 3. Report on the Transportation Security Oversight Board 

This section directs the Administrator to submit, within 120 days 

of the bill’s enactment, a report to the Transportation Security 

Oversight Board, the Committee on Homeland Security of the 


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House of Representatives, the Committee on Homeland Security 

and Governmental Affairs and the Committee on Commerce, 

Science and Transportation of the Senate on the actions of the 

Aviation Security Advisory Committee. The actions to be included 

will be: General information on how often the board has met, the 

composition of the board and what activities the board has taken. 

The Administrator may also include recommendations for changes. 

Sec. 4. Technical corrections 

This section amends Subparagraph (A) of section 4946(c)(2) of 

title 49, United States Code in order to allow a member of the 

Aviation Security Advisory Committee to serve longer than a two 

year term in order to prevent a vacancy before a successor is appointed. 

Sec. 5. Definition 

This section defines the use of the term ‘‘prohibited item list’’ to 

mean the list of items passengers are prohibited from carrying as 

accessible property or on their persons through passenger screening 

checkpoints at airports, into sterile areas at airports, and on board 

passenger aircraft, pursuant to section 1540.111 of title 49, Code 

of Federal Regulations. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE VII—AVIATION PROGRAMS 

* * * * * * * 

PART A—AIR COMMERCE AND SAFETY 

* * * * * * * 

SUBPART III—SAFETY 

* * * * * * * 

CHAPTER 449—SECURITY 

* * * * * * * 

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL 

* * * * * * * 


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§ 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 øunder 

paragraph (4)¿ under this subsection, 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 

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lating 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, allcargo 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 minorityowned 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.— 

ø(A) TERMS.— The term of each member of the Advisory 

Committee shall be 2 years. A member of the Advisory 

Committee may be reappointed.¿ 

(A) TERMS.— The term of each member of the Advisory 

Committee shall be two years but may continue until such 

time as a successor member begins serving on the Advisory 

Committee. 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.— 

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ment, 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 cochaired 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. 


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(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. 

* * * * * * * 

Æ 


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