U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

113–273 

Calendar No. 598 

AVIATION SECURITY STAKEHOLDER 

PARTICIPATION ACT OF 2013 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1804 

NOVEMBER 17, 2014.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California JOHN THUNE, South Dakota 

BILL NELSON, Florida ROGER F. WICKER, Mississippi 

MARIA CANTWELL, Washington ROY BLUNT, Missouri 

MARK PRYOR, Arkansas MARCO RUBIO, Florida 

CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire 

AMY KLOBUCHAR , Minnesota DEAN HELLER, Nevada 

MARK BEGICH, Alaska DANIEL COATS, Indiana 

RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina 

BRIAN SCHATZ, Hawaii TED CRUZ, Texas 

ED MARKEY, Massachusetts DEB FISCHER, Nebraska 

CORY BOOKER, New Jersey RON JOHNSON, Wisconsin 

JOHN WALSH, Montana 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 598 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–273 

AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT 

OF 2013 

NOVEMBER 17, 2014.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1804] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1804) 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, reports favorably thereon with an amendment 

(in the nature of a substitute) and recommends that the bill (as 

amended) do pass. 

PURPOSE OF THE BILL

S. 1804 would permanently establish an aviation security advisory committee (ASAC) for the Transportation Security Administration (TSA) to advise the Assistant Secretary of Homeland Security (TSA Administrator) on aviation security matters. S. 1804 

would also modify the requirements for the existing ASAC and exempt it from the Federal Advisory Committee Act (FACA) (5 U.S.C. 

App.). 

BACKGROUND AND NEEDS

The Federal Aviation Administration (FAA) established the 

ASAC in 1989 following the bombing of Pan American World Airways Flight 103 over Lockerbie, Scotland. When the TSA was established in 2001, the sponsorship of the ASAC transferred to the 

TSA. Throughout its history, the ASAC has been subject to FACA, 

which has limited the length of its charter, and imposed public disclosure and other requirements. Furthermore, the TSA has allowed 


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the ASAC charter to lapse multiple times, depriving stakeholders 

of a forum to engage the TSA in discussions of security concerns. 

In addition, as much of the TSA’s policy justifications are considered sensitive security information, the ASAC has been inhibited 

from having open discussions of factors driving the TSA’s policymaking decisions. 

S. 1804 would mitigate these issues by permanently establishing 

the ASAC, making FACA not applicable to the ASAC, and instructing the TSA Administrator to share sensitive security information 

with ASAC members as appropriate. 

To address concerns expressed by aviation security stakeholders 

that their input and insight into the TSA’s decision-making process 

has not been sufficiently considered or valued, the bill would add 

reporting and recommendation feedback requirements. These requirements would aim to ensure stakeholder input is appropriately 

reviewed, and recommendations are thoughtfully considered by the 

TSA Administrator. On several occasions the TSA has set out on 

courses of action that had to be changed when stakeholders objected because they would have been harmed: situations that could 

have been avoided through strengthened communication between 

aviation security stakeholders and the TSA. While Congress cannot 

easily codify rules to determine in advance the sensitive security 

information that is appropriate for ASAC members to access on the 

wide variety of issues they may examine, the Committee expects 

the TSA Administrator will liberally grant access to all relevant information on issues the ASAC examines. Should any of this information be classified, the Secretary of Homeland Security should 

use the authority under section 114(u)(8) of title 49, United States 

Code, to expedite security clearances for ASAC members for such 

access. Expanded access to relevant sensitive information should 

improve the ability of the ASAC to meaningfully address security 

problems in a collaborative and constructive fashion with the TSA. 

In recent years, the TSA has shifted its focus from one-size-fitsall security to an intelligence-driven, risk-based approach to security. By following a process that assesses the various risks to transportation security, and by examining the available options to focus 

its efforts on the most efficient risk mitigation, the TSA has improved its ability to promote security while also reducing burdens 

on travelers and aviation stakeholders. It is important that the 

TSA continue making progress in this direction. Accordingly, S. 

1804 would instruct the ASAC to consider risk-based approaches as 

it develops recommendations on aviation security issues. 

While many potential harms could theoretically threaten transportation, a risk-based approach means that ASAC efforts should 

be focused on those scenarios that arise from the combination of: 

(1) demonstrably extant attackers who have both intent and capability to cause harm; (2) attack paths that are not mitigated by existing countermeasures (wherein capability gaps exist); and (3) attacks that, if successful, would cause significant harm. Based on 

those criteria, scenarios that are high-risk should be examined 

alongside the costs to mitigate them. Costs would include those 

borne by the government, industry, passengers, or other stakeholders. While some costs (e.g., impacts on individual liberties) may 

be difficult to quantify, they must also be incorporated into a holistic analysis. 


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The Committee received a multi-signatory letter of support for S. 

1804 from the Aeronautical Repair Station Association, Aircraft 

Owners and Pilots Association, Airlines for America, Airports 

Council International—North America, American Association of 

Airport Executives, Cargo Airline Association, General Aviation 

Manufacturers Association, Helicopter Association International, 

International Air Transport Association, National Air Carrier Association, National Air Transportation Association, National Association of State Aviation Officials, National Business Aviation Association, NetJets Association of Shared Aircraft Pilots, Regional Airline 

Association, Security Industry Association, Security Manufacturers 

Coalition, Southwest Airlines Pilots Association, and U.S. Travel 

Association. 

SUMMARY OF PROVISIONS

S. 1804 would codify the ASAC, establish its stakeholder membership and chairperson representation, and direct the establishment of subcommittees. At a minimum, subcommittees would be 

required to address air cargo security, general aviation, perimeter 

and access control, and security technology. Other subcommittees 

could be established if they are determined necessary by the TSA 

Administrator and the ASAC. All subcommittees would be required 

to approach issues from a risk-based perspective. S. 1804 would set 

the maximum ASAC membership at 34 members, with 19 specific 

stakeholder categories that must be represented. ASAC members 

could be granted access to sensitive security information as appropriate to perform their advisory duties. The ASAC would submit an 

annual report to the TSA Administrator with its recommendations 

for improving aviation security, and the TSA Administrator would 

be required to provide feedback on all recommendations, including 

a plan of action for those chosen to be implemented and a justification for those not implemented. 

LEGISLATIVE HISTORY

S. 1804 was introduced on December 11, 2013, by Senator Tester 

and was referred to the Committee on Commerce, Science, and 

Transportation of the Senate. Senator Begich is a cosponsor. A TSA 

oversight hearing was held on April 30, 2014. On July 23, 2014, the 

Committee met in open Executive Session and, by a voice vote, ordered S. 1804 reported with an amendment in the nature of a substitute. A related bill, H.R. 1204, is substantially similar. It was introduced by Representative Bennie Thompson on March 14, 2013, 

and referred to the Homeland Security Committee, Subcommittee 

on Transportation Security, of the House of Representatives. H.R. 

1204 has five Democratic and three Republican cosponsors. The 

Subcommittee on Transportation Security forwarded H.R. 1204 to 

the full House Homeland Security Committee by voice vote on July 

24, 2013. The House Homeland Security Committee reported H.R. 

1204 by voice vote on December 2, 2013. The House of Representatives passed the bill by a vote of 411–3 on December 3, 2013. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 


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Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1804—Aviation Security Stakeholder Participation Act of 2014 

S. 1804 would establish, within the Transportation Security Administration (TSA), an advisory committee to make recommendations on issues related to aviation security. The bill would specify 

details related to the organizational structure and reporting requirements of the proposed committee. 

Under current law, TSA already operates an advisory committee 

related to aviation security. According to TSA, the agency currently 

spends less than $100,000 annually to operate the existing committee, which has a mission and organizational structure that is 

similar to that of the advisory committee envisioned under S. 1804. 

As a result, CBO estimates that implementing S. 1804 would have 

no significant additional cost. S. 1804 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

S. 1804 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. 

On November 21, 2013, CBO transmitted a cost estimate for H.R. 

1204, the Aviation Security Stakeholder Participation Act of 2013, 

as ordered reported by the House Committee on Homeland Security 

on October 29, 2013. S. 1804 and H.R. 1204 are similar, and the 

CBO cost estimates for the two pieces of legislation are the same. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 1804 is intended to improve aviation security stakeholder 

input by making permanent the existing ASAC. ASAC membership 

is voluntary for aviation security stakeholders. S. 1804 would set 

the maximum ASAC membership at 34 people, approximately a 25 

percent increase compared to the existing advisory committee’s 

membership limit of 27. 

ECONOMIC IMPACT

S. 1804 is expected to have a positive economic impact. By fostering better communication between the TSA and industry stakeholders, the TSA’s policy decisions can better account for industry 

interests. When intelligence indicates a transportation security 

threat exists, industry input can help guide a TSA response toward 

less economically impactful measures. 

PRIVACY

The reported bill is not expected to have any impact on the privacy rights of the public. It authorizes the TSA to vet ASAC memVerDate Sep 11 2014 01:31 Nov 20, 2014 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR273.XXX SR273

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bers’ backgrounds for access to sensitive security information, but 

only on a basis that is voluntary for the members. 

PAPERWORK

S. 1804 would codify several pieces of documentation, including: 

periodic reports by the ASAC to the TSA Administrator on issues 

the ASAC examines; an annual report by the ASAC to the TSA Administrator covering its activities and recommendations over the 

past year; written feedback by the TSA Administrator to the ASAC 

on each recommendation; an action plan by the TSA Administrator 

on each ASAC recommendation that the TSA Administrator intends to implement, including a justification by the TSA Administrator for any ASAC recommendations that will not be implemented, and a report to Congress by the TSA Administrator containing information relating to ASAC recommendations; upon congressional request, a briefing on any feedback provided by the TSA 

Administrator to the ASAC; and upon congressional request, a report by the TSA Administrator to Congress providing information 

relating to ASAC recommendations. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section provides that the Act would be cited as the ‘‘Aviation 

Security Stakeholder Participation Act of 2014.’’ 

Section 2. Aviation Security Advisory Committee 

Section 2 would add a new section 44946 to the end of subchapter II of chapter 449 of title 49, United States Code, establishing the ASAC within the TSA. This new section would codify 

the ASAC for the purpose of developing recommendations for improvements to aviation security. The ASAC would periodically report on issues raised by the TSA Administrator or by a majority 

of its membership, and approve recommendations agreed upon by 

the subcommittees. After approval by the ASAC, those recommendations would be delivered to the TSA Administrator, who 

would be required to consult the ASAC as appropriate regarding 

security matters. The ASAC would also be required to submit an 

annual report to the TSA Administrator to provide information on 

its activities, findings, and recommendations over the previous 

year. The TSA Administrator would be required to provide feedback to the ASAC on each of its recommendations, include an action plan to implement recommendations with which the TSA Administrator concurs, and provide a justification for rejecting any 

recommendations with which the TSA Administrator does not concur. The Committee expects that the TSA Administrator may modify some recommendations before implementing them, and in this 

case the TSA Administrator should include justification for those 

modifications in an implementation action plan. The TSA AdminisVerDate Sep 11 2014 01:31 Nov 20, 2014 Jkt 049010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR273.XXX SR273

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trator would be required to notify Congress on feedback provided 

to the ASAC, and to provide a briefing upon request. If a briefing 

is requested, prior to that briefing the TSA Administrator would 

submit to Congress a report providing information relating to the 

ASAC recommendations. 

The TSA Administrator would appoint all ASAC members. S. 

1804 would set the maximum ASAC membership at 34 members, 

which would be approximately 25 percent more people than the existing ASAC membership limit of 27. The ASAC membership would 

be required to include representatives of at least 19 constituency 

groups, which would be 10 more groups than the 9 required on the 

existing ASAC. The required constituency groups would be as follows: 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; travel industry; airport-based businesses, including minority-owned small businesses; businesses that conduct 

security operations at airports; aeronautical repair stations; passenger advocacy groups; aviation technology security industry, including screening technology and biometrics; victims of terrorist 

acts against aviation; and law enforcement and security experts. 

ASAC members would be required to meet at least semiannually, 

would be prohibited from receiving pay, allowances, or benefits 

from the Federal Government by reason of their ASAC service, and 

could be removed for cause at any time by the TSA Administrator. 

Within 60 days of an ASAC member’s appointment, the TSA Administrator would determine whether there is cause for restricting 

them from accessing sensitive security information. Without such 

cause, the TSA Administrator could grant access to sensitive security information that is relevant to the member’s advisory duties. 

The ASAC would have a chairperson elected by the appointed 

members. 

S. 1804 would provide for ASAC subcommittees to develop specific issue recommendations. At a minimum, subcommittees would 

be required to address air cargo security, general aviation, perimeter and access control, and security technology. Other subcommittees may also be created as necessary to examine issues raised by 

the TSA Administrator or the ASAC. ASAC subcommittees would 

be required to consider risk-based approaches in addressing issues. 

Each subcommittee would be co-chaired by a Government and an 

industry official, and would include subject matter experts with expertise that is relevant to the subcommittee’s assigned issues. They 

would meet at least quarterly and provide input to ASAC annual 

reports. 

S. 1804 would provide that FACA would not apply to the ASAC. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, 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 material is printed in italic, existing law in which no change is proposed is shown in roman): 


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TITLE 49. TRANSPORTATION 

SUBTITLE VII. AVIATION PROGRAMS

PART A. AIR COMMERCE AND SAFETY

SUBPART III. SAFETY

CHAPTER 449. SECURITY

SUBCHAPTER II. ADMINISTRATION AND PERSONNEL

§ 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. 

(5) FEEDBACK.—Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under 

paragraph (4), 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. 


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(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, 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 minority-owned 

small businesses), businesses that conduct security 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) 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.—The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. 

(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 according to part 

1520 of title 49 of the Code of Federal Regulations. 


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(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 co-chairs shall consider risk-based security approaches in the performance of their functions that 

weigh 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 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 chairperson. 

(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). 


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(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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