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[House Report 112-269]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-269

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        AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT OF 2011

                                _______
                                

November 4, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1447]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1447) 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, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
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
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    The purpose of H.R. 1447 is 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.

                  Background and Need for Legislation

    The Federal Aviation Administration (FAA) established the 
Aviation Security Advisory Committee (ASAC) in 1989 following 
the bombing of Pan American World Airways Flight 103. When the 
Transportation Security Administration (TSA) was established, 
the sponsorship of the ASAC transferred to TSA. Despite 
significant contributions to TSA policymaking, particularly 
with respect to air cargo security, and strong support from 
aviation security stakeholders who participated in the ASAC, 
TSA allowed the ASAC's charter to expire. Three months after 
Rep. Bennie G. Thompson introduced this legislation, on July 7, 
2011, TSA published an announcement in the Federal Register to 
re-establish the ASAC, providing a setting for the aviation 
industry to formally provide TSA with their insights into the 
practical, on-the-ground considerations and impact of aviation 
security policies.
    H.R. 1447 provides for the establishment of an ASAC to 
assist and make recommendations to the TSA Assistant Secretary 
on aviation security matters, including the development and 
implementation of policies, programs, rulemaking, and security 
directives pertaining to aviation security. The ASAC is 
directed to meet at least semi-annually and be composed of not 
more than 27 members including representatives from air 
carriers, all cargo air transportation, indirect air carriers, 
labor organizations representing air carrier employees, 
aircraft manufacturers, airport operators, general aviation, 
privacy, the travel industry, and the aviation technology 
security industry, including biometrics.

                                Hearings

    Although no hearings were held directly on H.R. 1447, in 
the 112th Congress, the issue of a standing advisory committee 
to inform aviation security policy at TSA was discussed at the 
Subcommittee on Transportation Security hearing entitled 
``Authorizing the Transportation Security Administration for 
Fiscal Years 2012 and 2013'' on June 2, 2011. The Subcommittee 
received testimony from Hon. John S. Pistole, Administrator, 
Transportation Security Administration, Department of Homeland 
Security.

                        Committee Consideration

    The Committee met on September 21, 2011, to consider H.R. 
1447, and ordered the measure to be reported to the House 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. 1447.

                      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. 
1447, the Aviation Security Stakeholder Participation Act of 
2011, 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.

                                                September 29, 2011.
Hon. Peter T. King,
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. 1447, the Aviation 
Security Stakeholder Participation Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1447--Aviation Security Stakeholder Participation Act of 2011

    Under current law, the Transportation Security 
Administration's (TSA's) Aviation Security Advisory Committee 
advises the Assistant Secretary of Homeland Security on issues 
related to aviation security. H.R. 1447 would amend current law 
to require the Assistant Secretary to establish a variety of 
working groups within that advisory committee to make 
recommendations related to the security of air cargo systems, 
general aviation facilities and operations, and airport 
perimeters.
    Based on information from TSA, CBO estimates that any 
increase in federal spending to fulfill new requirements under 
H.R. 1447 would total less than $500,000 annually, and would be 
subject to the availability of appropriated funds. H.R. 1447 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures do not apply.
    H.R. 1447 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, 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. 1447 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    This legislation requires the Advisory Committee to submit 
to the TSA Assistant Secretary an annual report containing 
information on its activities, findings, and recommendations. 
H.R. 1447 directs the establishment of the following three 
working groups: (1) the air cargo security working group; (2) 
the general aviation security working group; and (3) the 
perimeter security working group. Members of the Advisory 
Committee with specialized knowledge in these areas are to be 
appointed to each working group. Additionally, to bring focus 
to particular aviation security challenges, the working groups 
are directed to provide information and recommendations to the 
Advisory Committee for inclusion in the annual report.

   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 in intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1447 does 
not preempt any State, local, or Tribal law.

                      Advisory Committee Statement

    The Aviation Security Advisory Committee established in 
H.R. 1447 is exempt from the Federal Advisory Committee Act 
(FACA).

                  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 
``Aviation Security Stakeholder Participation Act of 2011.''

Section 2.   Aviation Security Advisory Committee

    This section amends Subchapter II of chapter 449 of title 
49, United States Code, as follows:
    Subsection (a) establishes the Aviation Security Advisory 
Committee within the Transportation Security Administration.
    Subsection (b) requires the Assistant Secretary 
(Transportation Security Administration) to consult with the 
Advisory Committee on aviation security matters and requires 
the Advisory Committee, at the request of the Assistant 
Secretary, to develop recommendations to improve aviation 
security. Additionally, the Advisory Committee shall 
periodically submit reports to the Assistant Secretary and an 
annual report on the activities and findings for the preceding 
year.
    Subsection (c) requires the Assistant Secretary to appoint 
members to the Advisory Committee within 180 days of enactment 
and include individuals representing not more than 27 member 
organizations covering a variety of industries. Members may be 
removed for cause at any time by the Assistant Secretary and 
may not receive pay from the government for their service. The 
Advisory Committee must meet at least twice each year.
    Subsection (d) establishes a working group within the 
Advisory Committee for air cargo security and requires the 
group to meeting quarterly.
    Subsection (e) establishes a working group within the 
Advisory Committee for general aviation security and requires 
the group to meeting quarterly.
    Subsection (f) requires a working group within the Advisory 
Committee for perimeter security and requires the group to meet 
quarterly.
    Subsection (g) waives the Federal Advisory Committee Act 
requirements for the Advisory Committee and the working groups.
    Subsection (h) defines ``advisory committee,'' ``annual 
report,'' ``Assistant Secretary,'' and ``perimeter security.''

         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 (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

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PART A--AIR COMMERCE AND SAFETY

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SUBPART III--SAFETY

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                         CHAPTER 449--SECURITY

                       SUBCHAPTER I--REQUIREMENTS

Sec.
44901. Screening passengers and property.
     * * * * * * *

               SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

     * * * * * * *
44946. Aviation Security Advisory Committee.
          * * * * * * *

              SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

          * * * * * * *

Sec. 44946.   Aviation Security Advisory Committee

  (a) Establishment.--The Assistant Secretary shall establish 
within the Transportation Security Administration an advisory 
committee to be known as the Aviation Security Advisory 
Committee.
  (b) Duties.--
          (1) In general.--The Advisory Committee shall be 
        consulted by and advise the Assistant Secretary on 
        aviation security matters, including the development 
        and implementation of policies, programs, rulemaking, 
        and security directives pertaining to aviation 
        security.
          (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 working groups.--
                Recommendations agreed upon by the working 
                groups established under this section shall be 
                approved by the Advisory Committee for 
                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 working groups, for the preceding year.
  (c) Membership.--
          (1) Appointment.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of this section, 
                the Assistant Secretary shall appoint the 
                members of the Advisory Committee.
                  (B) Composition.--The membership shall 
                consist of individuals representing not more 
                than 27 member organizations. Each organization 
                shall be represented by one individual (or the 
                individual's designee).
                  (C) Representation.--The membership shall 
                include representatives of air carriers, all 
                cargo air transportation, indirect air 
                carriers, labor organizations representing air 
                carrier employees, aircraft manufacturers, 
                airport operators, general aviation, privacy, 
                the travel industry, and the aviation 
                technology security industry, including 
                biometrics.
          (2) Removal.--The Assistant Secretary may review the 
        participation of a member of the Advisory Committee and 
        remove the 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.--The Assistant Secretary shall require 
        the Advisory Committee to meet at least semiannually 
        and may convene additional meetings as necessary.
  (d) Air Cargo Security Working Group.--
          (1) In general.--The Assistant Secretary shall 
        establish within the Advisory Committee an air cargo 
        security working group to provide recommendations on 
        air cargo security issues, including 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.
          (2) Meetings and reporting.--The working group shall 
        meet at least quarterly and submit information, 
        including recommendations, regarding air cargo security 
        to the Advisory Committee for inclusion in the annual 
        report. The submissions shall include recommendations 
        to improve the Administration's cargo security 
        initiatives established to meet the requirements of 
        section 44901(g).
          (3) Membership.--The working group shall--
                  (A) include members of the Advisory Committee 
                with expertise in air cargo operations; and
                  (B) be cochaired by a Government and industry 
                official.
  (e) General Aviation Security Working Group.--
          (1) In general.--The Assistant Secretary shall 
        establish within the Advisory Committee a general 
        aviation working group to provide recommendations on 
        transportation security issues for general aviation 
        facilities, general aviation aircraft, and helicopter 
        operations at general aviation and commercial service 
        airports.
          (2) Meetings and reporting.--The working group shall 
        meet at least quarterly and submit information, 
        including recommendations, regarding aviation security 
        at general aviation airports to the Advisory Committee 
        for inclusion in the annual report.
          (3) Membership.--The working group shall--
                  (A) include members of the Advisory Committee 
                with expertise in general aviation; and
                  (B) be cochaired by a Government and industry 
                official.
  (f) Perimeter Security Working Group.--
          (1) In general.--The Assistant Secretary shall 
        establish within the Advisory Committee an airport 
        perimeter security working group to provide 
        recommendations on airport perimeter security and 
        access control issues.
          (2) Meetings and reporting.--The working group shall 
        meet at least quarterly and submit information, 
        including recommendations, regarding improving 
        perimeter security and access control procedures at 
        commercial service and general aviation airports to the 
        Advisory Committee for inclusion in the annual report.
          (3) Membership.--The working group shall--
                  (A) include members of the Advisory Committee 
                with expertise in airport perimeter security 
                and access control issues; and
                  (B) be cochaired by a Government and industry 
                official.
  (g) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory Committee 
or its working groups.
  (h) Definitions.--In this section, the following definitions 
apply:
          (1) Advisory committee.--The term ``Advisory 
        Committee'' means the Aviation Security Advisory 
        Committee to be established under subsection (a).
          (2) Annual report.--The term ``annual report'' means 
        the annual report required under subsection (a).
          (3) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary of Homeland 
        Security (Transportation Security Administration).
          (4) Perimeter security.--The term ``perimeter 
        security''--
                  (A) means procedures or systems to monitor, 
                secure, and prevent unauthorized access to an 
                airport, including its airfield and terminal; 
                and
                  (B) includes the fence area surrounding an 
                airport, access gates, and access controls.

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