House passes TSA authorization, tells agency to consult GA
By Sarah Brown
The House of Representatives on June 4 passed the Transportation Security Administration Authorization Act (H.R.2200). AOPA supported the bill, which sends a strong message to the TSA to increase general aviation industry participation on security initiatives.
H.R.2200, the first comprehensive roadmap for the TSA to pass the House since the creation of the agency in 2001, authorizes TSA programs and funding levels for the next two years. It includes provisions to create a GA security working group to ensure that the agency consults stakeholders before imposing security initiatives and to establish a grant program for $10 million in security improvements at GA airports. An amendment to the bill revises the standard for when the TSA can use emergency procedures to issue regulations or security devices.
During the discussion of the bill, members of Congress acknowledged the contributions of GA to the nation’s economy and said that the TSA should collaborate with the industry.
“Members from both sides of the aisle have expressed serious concern about TSA’s approach when it comes to general aviation,” said Homeland Security Committee Chairman Bennie G. Thompson (D-Miss.) in his opening statement. “Until recently, TSA displayed a lack of understanding of the uniqueness of the general aviation environment. H.R.2200 takes some major steps forward, with the authorization of a strong General Aviation Working Group and the establishment of a new grant program for security improvements to general aviation airports.”
A chorus of voices spoke on behalf of GA during the discussion of the bill, including other members of the newly formed caucus. An amendment to the bill reinforces that security directives—such as the controversial SD-8F, later clarified in SD-8G—should only be used to respond to emergencies and immediate threats, not as an alternative to the normal regulatory process. Amendment sponsor Rep. John Mica (R-Fla.), along with cosponsors Rep. Vern Ehlers (R-Mich.) and Rep. Sam Graves (R-Mo.), all spoke in favor of the amendment. GA Caucus co-chair Rep. Allen Boyd (D-Fla.) worked the House floor to ensure the amendment’s success.
On 11 July, our chapter has been invited to join a flyout with the TOA-based Del Amo Flyers (DAF) social flying club. They will provide a BBQ (which will cost $5 ea) and participants are being asked to bring a side dish to share.
The DAF folks will meet at the TOA admin bldg at 10 AM. We can join them or just fly direct to Agua Dulce.
jk
House Vote Would Limit Reach of TSA Security Directives, Amendment now part of TSA Authorization Act
June 4, 2009 — Sometimes it’s as much about how you go about doing business as it is about what business you do. In the case of the Transportation Security Administration (TSA) and its issuance of security directives, the general aviation community hasn’t been happy with either the hows or the whats. The issue has recently come to a head in response to an outcry from the general aviation community in response to TSA Security Directive 08F and 08G, which require background checks and badges for general aviation pilots and aircraft owners operating at airports with any form of commercial service.
Today, however, after an exhaustive and united advocacy effort by numerous general-aviation groups, the U.S. House of Representatives narrowly passed an amendment to the Transportation Security Administration Authorization Act that would address the “how” concerns by reining in the TSA’s policymaking-by-decree practices.
In a 219-211 vote, a majority of the lawmakers agreed with assertions from EAA and other groups that the TSA has been using security directives (SDs) to bypass a rulemaking process that should, among other requirements, solicit and consider comments from affected parties. The amendment clarifies the conditions under which the TSA would be authorized to issue security directives, limiting the practice only to situations involving an imminent threat and a finite duration.
A May 22 joint letter that EAA and several other general aviation groups sent to the amendment’s sponsor, John Mica (R-FL), expressed support: “We have seen the TSA repeatedly use SDs to vastly expand existing requirements without consideration of the implementation challenges, operational impacts, and economic burdens such mandates impose on the aviation industry. Our most recent experience involves the expansion of security credentialing requirements to tens of thousands of pilots and employees at airports and aviation manufacturers without due consideration and process ….”
Joining EAA in this statement were Airports Council International (ACI), Aircraft Owners and Pilots Association (AOPA), General Aviation Manufacturers Association (GAMA), National Air Transportation Association (NATA), and National Business Aviation Association (NBAA).
These groups and others also worked collaboratively with the members of the newly formed House General Aviation Caucus to muster the needed votes to pass the amendment. “Because of the ongoing emphasis on homeland security issues, we had to provide education and, ultimately, overcome several House members’ predisposition to support our national security agencies on all matters, regardless of impact. We had to show that this amendment would not hamstring any security efforts. Rather, it allows TSA to continue to mitigate security risks while reinforcing the Administration’s pledge of transparency and public review of governmental policymaking, whenever possible,” said Doug Macnair, EAA vice president of government affairs, who lobbied for this amendment on behalf of EAA members along with many other dedicated staff from organizations representing every facet of general aviation.
The amendment’s sponsors, co-sponsors, and major supporters on the GA Caucus included Mica, Allen Boyd (D-FL), Vernon Ehlers (R-MI), Sam Graves (R-MO), and Thomas Petri (R-WI). “Today’s outcome was the result of a concerted effort among the general aviation associations, Congressional staff, and the leadership of the newly formed GA Caucus. I know that both Allen Boyd and Vern Ehlers had to be very persuasive with some of their peers in the House, or this amendment would likely not have passed,” Macnair said.
The vote itself was a nail-biter, with the voting period uncharacteristically remaining open for 30 minutes while many members appeared pressured into changing their initial “yes” vote to “no”- prompting some parliamentary inquiries into the event.
Although today’s vote represents a significant stride, this battle isn’t over. The overall TSA Authorization Bill to which this amendment is attached must still either be introduced and voted on as a companion bill in the Senate or be reconciled with a different Senate bill in conference later this year. EAA will continue to work toward ultimate passage of the new TSA rulemaking and policymaking procedures.