Mr. Speaker, I rise today to express my concern about the proposal in the President's budget request, which is included in this bill, to shift the responsibility for exit lane staffing from TSA to airport operators across this country.…
Mr. Speaker, I rise today to express my concern about the proposal in the President's budget request, which is included in this bill, to shift the responsibility for exit lane staffing from TSA to airport operators across this country.
Since November 2001, TSA has assumed responsibility for staffing exit lanes under the authority of Aviation and Transportation Security Act. Citing budget constraints, in the Fiscal Year 2014 Budget Request, TSA has sought to shift the responsibility and costs for exit lane staffing to airport operators.
This move raises a number of concerns ably described by the Committee in the report accompanying this bill. Particularly troubling is TSA's intention to continue to collect money for performing this function through the Aviation Security Infrastructure Fee while passing the buck along to airports.
Like many of my colleagues, I have heard from my local airport-- Norman Y. Mineta San Jose International Airport--about the devastating impact this unfunded mandate would have on airport operators. Mineta airport is already paying $200,000 per year to staff one exit lane because TSA decided it was not ``co-located'' with the checkpoint screening area, and it cannot absorb the additional costs for more exit lane staffing--over the last few years, the airport has already reduced staff by more than 50 percent due to budget constraints.
At the end my statement is the text of a letter I received from the City of San Jose, CA's director of aviation on behalf of Mineta San Jose Airport outlining these concerns in greater detail.
Chairman Carter and Ranking Member Price, I know that you were faced with a challenging task, working within the allocation given and trying to fill holes left by the budget request. And I know from the language you included in the report that you regret being unable to fill this hole in the budget.
I thank you for including language in the report directing TSA to work with airport operators to assess the impact of this change and consider delaying or at least phasing in this shift of responsibility until TSA can certify effective technology solutions that would reduce the cost for airport operators.
I hope that as we move this bill to the Senate and into conference, we will have a more favorable allocation to work with that will allow us to reject this ill-conceived proposal and protect already strapped airports from an unfunded mandate to perform duties that they have never had the responsibility for and which TSA is receiving fees to carry out.
May 30, 2013.
Hon. Mike Honda,
Longworth House Office Building,
Washington, DC.
Dear Congressman Honda: I am writing to express my strong
concern over the Transportation Security Administration's
(TSA) plan to shift responsibility--without funding--for
monitoring passenger exit lanes onto airport operators. While
all levels of government face tough budget decisions in the
current economic environment, we need your help to prevent
TSA from shifting this unfunded mandate onto our airport. TSA
should also explain to the Congressional appropriators why
shifting its security function to airports and airlines is
not an abdication of its Federal responsibility under current
law.
It is unconscionable that a Federal agency that is
responsible for national security make a unilateral decision
to shift a security responsibility and the associated costs
to airport operators, particularly as there currently exists
no regulation or other requirement which specifically assigns
the responsibility for monitoring sterile area exit lanes to
airport operators. Notably, this regulatory option does not
``take into account benefits and costs, both quantitative and
qualitative,'' as stipulated by Presidential Executive Order
13563, Improving Regulation and Regulatory Review.
Congress, through the Aviation and Transportation Security
Act (ATSA), delegated the responsibility for passenger and
baggage screening to the TSA following the tragic events of
September 11. It was decided by Congress that aviation
security was a matter of national security and should be
provided by the federal government.
Through the Aviation Security Infrastructure Fee (ASIF),
based on the airlines' calendar year 2000 costs for passenger
and property screening, TSA collects money from airlines to
offset the cost of monitoring exit lanes. In fact, TSA
provided to air carriers for use in determining their ASIF
fee amount, ``Calendar Year 2000 Costs for Passenger and
Property Screening'' (Appendix A to 49 Code of Federal
Regulations Part 1511), which specifically includes, at line
item ``2'', the air carrier's costs for ``Exit Lane
Monitors''.
The TSA, with no Congressional review or legislation, has
decided to impose the responsibility for exit lane monitoring
on airports. Although the agency proposes to do this through
an amendment to airports' Airport Security Programs, which
the TSA unilaterally controls, industry will be afforded the
opportunity to submit comments. However, TSA is neither
required to consider those comments nor make any changes
based on industry input.
It is time to take a close look at ATSA to see if its
provisions are still appropriate or need some modifications
or enhancements. This review should be done in a very
thoughtful and deliberate way by the appropriate
Congressional Committees, not by an agency that can make
unilateral and arbitrary decisions. At minimum, TSA needs to
issue a notice of proposed rulemaking and seek legislative
changes to promulgate a requirement for airport operators to
assume responsibility for monitoring exit lanes.
The cost implications of exit lane monitoring are
significant for all airports, and in many cases, these costs
will be passed on to airlines. Based on reports from some
airport operators, the cost would range from approximately
$160,000 per year for a smaller airport to as much as $2.5
million for a larger airport to monitor exit lanes in
accordance with the way the TSA performs the function today.
At Mineta San Jose the cost to take on the exit lane
responsibility is now estimated at $180,000 to $200,000 a
year. The Airport cannot absorb these costs through further
reductions in staff and services. (Through the Great
Recession of the past 4-5 years, the Airport has gone from a
staff of 400 in 2008 to just 187 staff members today.)
Accordingly, this additional cost would have to be passed on
to the airlines through the Airport's rates and charges
structure and ultimately be paid by passengers, who are
already paying a fee to the airlines as part of their ticket,
for security-related costs.
We ask that your office take action to put a stop to this
unfunded mandate and require TSA to explain why shifting a
security function and the associated costs to airports and
airlines is not an abdication of its Federal responsibility
under current legislation.
Members of my staff will be in touch with your office
shortly to arrange for an opportunity to discuss this issue
with you or your staff in more detail. In the meantime,
please do not hesitate to contact me if you have any
questions.
Sincerely,
William F. Sherry, A.A.E.,
Director of Aviation.