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[House Report 114-320]
[From the U.S. Government Publishing Office]

114th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                            { 114-320

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                   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:

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.

                        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.

                                     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 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. 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 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

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SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *

PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *

SUBPART III--SAFETY

           *       *       *       *       *       *       *

CHAPTER 449--SECURITY

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SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

           *       *       *       *       *       *       *

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)] 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 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.]
                  (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.-- 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 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.

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