39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–278 

AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT 

OF 2013 

DECEMBER 2, 2013.—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 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 1204] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 1204) 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 with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 4 

Background and Need for Legislation .................................................................... 4 

Hearings ................................................................................................................... 5 

Committee Consideration ........................................................................................ 6 

Committee Votes ...................................................................................................... 8 

Committee Oversight Findings ............................................................................... 8 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 8 

Congressional Budget Office Estimate ................................................................... 8 

Statement of General Performance Goals and Objectives .................................... 9 

Duplicative Federal Programs ................................................................................ 9 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 9 

Federal Mandates Statement ................................................................................. 10 

Preemption Clarification ......................................................................................... 10 

Disclosure of Directed Rule Makings ..................................................................... 10 


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Advisory Committee Statement .............................................................................. 10 

Applicability to Legislative Branch ........................................................................ 10 

Section-by-Section Analysis of the Legislation ...................................................... 10 

Changes in Existing Law Made by the Bill, as Reported ..................................... 11 

Additional Views ...................................................................................................... 16 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Aviation Security Stakeholder Participation Act of 

2013’’. 

SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. 

(a) IN GENERAL.—Subchapter II of chapter 449 of title 49, United States Code, is 

amended by adding at the end the following: 

‘‘§ 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 Assistant Secretary shall consult the Advisory Committee 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 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 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 such recommendations, an action plan to implement any of such recommendations with which the Assistant Secretary concurs, and a detailed justification for why any of such recommendations have been rejected. 

‘‘(6) CONGRESSIONAL NOTIFICATION.—Not later than 30 days after providing 

written feedback to the Advisory Committee in accordance with paragraph (5), 

the Assistant Secretary shall brief the Committee on Homeland Security of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on such feedback. 

‘‘(7) REPORT TO CONGRESS.—Prior to briefing the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate in accordance with 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 this section, 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 32 member organizations. 

Each organization shall be represented by one individual (or the individual’s designee). 


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‘‘(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, aircraft 

manufacturers, airport operators, 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 technology security industry, including 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. 

‘‘(d) AIR CARGO SECURITY SUBCOMMITTEE.— ‘‘(1) IN GENERAL.—The Assistant Secretary shall establish within the Advisory 

Committee an air cargo security subcommittee 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 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 air cargo security. Such submissions shall include recommendations to 

improve the Transportation Security Administration’s cargo security initiatives 

established to meet the requirements of section 44901(g). 

‘‘(3) MEMBERSHIP.—The subcommittee 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 SUBCOMMITTEE.— 

‘‘(1) IN GENERAL.—The Assistant Secretary shall establish within the Advisory 

Committee a general aviation subcommittee 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 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 aviation security at general aviation airports. 

‘‘(3) MEMBERSHIP.—The subcommittee 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, EXIT LANE SECURITY, AND ACCESS CONTROL SUBCOMMITTEE.— 

‘‘(1) IN GENERAL.—The Assistant Secretary shall establish within the Advisory 

Committee an airport perimeter security, exit lane security, and access control 

subcommittee to provide recommendations on airport perimeter security, exit 

lane security at commercial service airports, and access control issues. 

‘‘(2) MEETINGS AND REPORTING.—The 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 improving perimeter security, exit lane security at commercial service 

airports, and access control procedures at commercial service and general aviation airports. 

‘‘(3) MEMBERSHIP.—The subcommittee shall— 

‘‘(A) include members of the Advisory Committee with expertise in airport 

perimeter security and access control issues; and 

‘‘(B) be co-chaired by a Government and industry official. 

‘‘(g) RISK-BASED SUBCOMMITTEE.— 

‘‘(1) IN GENERAL.—The Assistant Secretary shall establish within the Advisory 

Committee a risk-based subcommittee to provide recommendations on passenger screening policies and cargo. 


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‘‘(2) MEETINGS AND REPORTING.—The 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 the Transportation Security Administration’s risk-based security programs. 

‘‘(3) MEMBERSHIP.—The subcommittee shall— 

‘‘(A) include members of the Advisory Committee with expertise in passenger advocacy and airport security operations; and 

‘‘(B) be cochaired by a Government and industry official. 

‘‘(h) SECURITY TECHNOLOGY SUBCOMMITTEE.— ‘‘(1) IN GENERAL.—The Assistant Secretary shall establish within the Advisory 

Committee a security technology subcommittee to provide recommendations on 

security technology issues, including harmonization of security technology 

standards and requirements. 

‘‘(2) MEETINGS AND REPORTING.—The 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 security technology. Such submissions shall include recommendations 

to improve the Transportation Security Administration’s utilization of security 

technology and harmonization of security technology standards and requirements. All recommendations shall be in furtherance of aviation security and 

technology neutral. 

‘‘(3) MEMBERSHIP.—The subcommittee shall— 

‘‘(A) include members of the Advisory Committee with expertise in checkpoint, baggage, and air cargo security technology; and 

‘‘(B) be co-chaired by a Government and industry official. 

‘‘(i) OTHER SUBCOMMITTEES.—The Assistant Secretary, in consultation with the 

Advisory Committee, may establish within the Advisory Committee any other subcommittee that the Assistant Secretary and Advisory Committee determine necessary. 

‘‘(j) SUBJECT MATTER EXPERTS.—Each subcommittee under this section shall include subject matter experts with relevant expertise who are appointed by the respective subcommittee chairperson. 

‘‘(k) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. 

App.) shall not apply to the Advisory Committee and its subcommittees. 

‘‘(l) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(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.—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.’’. 

(b) CLERICAL AMENDMENT.—The analysis for subchapter II of chapter 449 of title 

49, United States Code, is amended by adding at the end the following new item: 

‘‘44946. Aviation Security Advisory Committee.’’. 

PURPOSE AND SUMMARY

The purpose of H.R. 1204 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 


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charter to expire. Three months after Rep. Thompson of Mississippi 

introduced this legislation in the 112th Congress, 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-theground considerations and impact of aviation security policies. 

H.R. 1204 provides for the establishment of an ASAC to assist 

and make recommendations to the TSA Assistant Secretary on 

aviation security matters, including the development, implementation and refinement 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 32 

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 advocates, airport based businesses, businesses that conduct security operations at airports, 

aeronautical repair stations, the travel industry, the aviation technology security industry, law enforcement and security experts, and 

victims of terrorist acts against aviation. H.R. 1204 also provides 

for the establishment of five subcommittees to review and make 

recommendations on air cargo security, general aviation security, 

perimeter security, exit lane security, and access control, risk based 

security, and security technologies, respectively. 

The Committee has received letters of support for H.R. 1204 from 

the Cargo Airline Association; the Association of Flight Attendants—CWA; U.S. Travel Association; Airports Council International-North America; Security Manufacturers Coalition; General 

Aviation Manufacturers Association; and Aircraft Owners and Pilots Association. 

HEARINGS

Although no legislative hearings have been held on H.R. 1204, 

there have been several hearings in the 113th Congress by the 

Subcommittee on Transportation Security which have emphasized 

the importance of stakeholder perspectives. These include the following: 

On March 14, 2013, the Subcommittee on Transportation Security held a hearing entitled ‘‘TSA’s Efforts to Advance Risk-Based 

Security.’’ The Subcommittee received testimony from Hon. John S. 

Pistole, Administrator, Transportation Security Administration, 

Department of Homeland Security. 

The Subcommittee on Transportation Security held a hearing on 

April 11, 2013, entitled ‘‘TSA’s Efforts to Advance Risk-Based Security: Stakeholder Perspectives.’’ The Subcommittee received testimony from Mr. Ken Dunlap, Global Director, Security & Travel Facilitation, International Air Transport Association; Ms. Sharon L. 

Pinkerton, Senior Vice President, Legislative and Regulatory Policy, Airlines for America; Mr. Geoff Freeman, Chief Operating Officer and Executive Vice President, U.S. Travel Association; Mr. Michael C. Mullen, Executive Director, Express Association of America; Mr. Christopher U. Browne, Airport Manager, Washington 

Dulles International Airport, testifying on behalf of the American 

Association of Airport Executives; and Mr. David A. Borer, General 

Counsel, American Federation of Government Employees. 


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The Subcommittee on Transportation Security held a hearing on 

May 8, 2013, entitled ‘‘TSA Procurement Reform: Saving Taxpayer 

Dollars Through Smarter Spending Practices.’’ The Subcommittee 

received testimony from Ms. Karen Shelton Waters, Assistant Administrator, Office of Acquisition, Transportation Security Administration, U.S. Department of Homeland Security; Mr. Paul Benda, 

Director, Advanced Research Projects Agency, Science & Technology Directorate, U.S. Department of Homeland Security; Mr. 

Stephen M. Lord, Director, Forensic Audits and Investigative Services, U.S. Government Accountability Office; and Mr. Charles K. 

Edwards, Deputy Inspector General, U.S. Department of Homeland 

Security. 

The Subcommittee on Transportation Security held a hearing on 

July 17, 2013, entitled ‘‘Stakeholder Perspectives on TSA Acquisition Reform.’’ The Subcommittee received testimony from Mr. Marc 

Pearl, President & CEO, Homeland Security & Defense Business 

Council; Ms. Shene ́ Commodore, Government Contracts & Business 

Manager, Intertek, testifying on behalf of the Security Industry Association; and Mr. Dolan P. Falconer, Jr., Co-Founder, Chairman & 

General Manger, Scan Tech Holdings. 

COMMITTEE CONSIDERATION

112th Congress 

In the 112th Congress, H.R. 1447, the predecessor bill, was introduced in the House on April 8, 2011, by Mr. Thompson of Mississippi and referred to the Committee on Homeland Security. 

Within the Committee, H.R. 1447 was referred to the Subcommittee 

on Transportation Security. 

On September 21, 2011, the Chair discharged the Subcommittee 

on Transportation Security from further consideration of H.R. 1447. 

The Committee proceeded to the consideration of H.R. 1447 and ordered the measure to be reported to the House, without amendment, by voice vote. 

The Committee reported H.R. 1447 to the House on November 4, 

2011, as H. Rpt. 112–269. 

The House considered H.R. 1447 under Suspension of the Rules, 

on June 26, 2012, and passed the bill on June 28, 2012 by voice 

vote. 

H.R. 1447 was received in the Senate on June 29, 2012, read 

twice, and referred to the Senate Committee on Commerce, 

Science, and Transportation. 

113th Congress 

The Committee on Homeland Security met on October 29, 2013, 

to consider H.R. 1204, and ordered the measure to be reported to 

the House with a favorable recommendation, amended, by voice 

vote. The Committee took the following actions: 

The following amendments were offered: 

An Amendment in the Nature of a Substitute offered by MR. 

THOMPSON OF MISSISSIPPI (#1); was AGREED TO by voice vote. 

An en bloc amendment to the Amendment in the Nature of a Substitute to H.R. 1204 offered by MR. PALAZZO (#1); was AGREED TO 

by voice vote. 

Consisting of the following amendments: 

Page 3, line 8, strike ‘‘and’’ and insert a comma. 


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Page 3, line 10, insert before the period at the end the following: ‘‘ ‘, and a detailed justification for why any of such recommendations have been rejected’ ’’. 

In section 2(a) in the proposed section 44946 of title 49, United States Code, in 

the proposed subsection (b)(1), insert ‘‘ ‘, refinement’ ’’ after ‘‘ ‘development’ ’’. 

An amendment to the Amendment in the Nature of a Substitute 

to H.R. 1204 offered by MR. THOMPSON OF MISSISSIPPI (#1B); was 

AGREED TO by voice vote. 

In section 2(a) in the proposed section 44946 of title 49, United States Code, redesignate subsections (h) through (k) as subsections (i) through (l), respectively. 

In section 2(a), in the proposed section 44946 of title 49 United States Code, insert 

after subsection (g) a new subsection entitled ‘‘(h) Security Technology Subcommittee.’’ 

An amendment to the Amendment in the Nature of a Substitute 

to H.R. 1204 offered by MR. HUDSON (#1C); was AGREED TO by 

voice vote. 

In section 2 of the bill, in the proposed subparagraph (B) of subsection (c)(1) of 

the proposed section 44946 of title 49, United States Code, strike ‘‘30’’ and insert 

‘‘32’’. 

In section 2 of the bill in the proposed subparagraph (C) of subsection (c)(1) of 

the proposed section 44946 of title 49, United States Code, insert ‘‘businesses that 

conduct security operations at airports, aeronautical repair stations,’’ before ‘‘passenger advocacy groups’’. 

An amendment to the Amendment in the Nature of a Substitute 

to H.R. 1204 offered by MR. HORSFORD (#1D); was AGREED TO by 

voice vote. 

In section 2(a), in the proposed section 44946 of title 49, United States Code, in 

the proposed subsection (f), amend the heading to read as follows: ‘‘Perimeter Security, Exit Lane Security, and Access Control Subcommittee’’. 

In section 2(a), in the proposed section 44946 of title 49, United States Code, in 

the proposed subsection (f)(1), strike ‘‘ ‘airport perimeter security subcommittee’ ’’ 

and insert ‘‘ ‘airport perimeter security, exit lane security, and access control 

subcommittee’ ’’. 

In section 2(a), in the proposed section 44946 of title 49, United States Code, in 

the proposed subsection (f)(1), insert after ‘‘ ‘perimeter security’ ’’ the following: ‘‘ ‘, 

exit lane security at commercial service airports,’ ’’. 

In section 2(a), in the proposed section 44946 of title 49, United States Code, in 

the proposed subsection (f)(2), insert after ‘‘ ‘perimeter security’ ’’ the following: ‘‘ ‘, 

exit lane security at commercial service airports,’ ’’. 

Subcommittee Consideration 

The Subcommittee on Transportation Security met on July 24, 

2013, to consider H.R. 1204, and ordered the measure to be forwarded to the Full Committee with a favorable recommendation, 

amended, by voice vote. The Subcommittee took the following actions: 

The following amendments were offered: 

An amendment offered by MR. RICHMOND (#1); was AGREED TO 

by voice vote. 

In section 2(a), in the proposed section 44946 of title 49, United States Code, redesignate proposed subsections (i) and (j) as proposed subsections (j) and (k), respectively. 

In section 2(a), in the proposed section 44946 of title 49, United States Code, insert after proposed subsection (h) the following new subsection ‘‘(i) Subject Matter 

Experts.’’ 

An amendment offered by MR. ROGERS OF ALABAMA (#2); was 

AGREED TO by voice vote. 

In section 2, in the proposed new section 44946 of title 49, United States Code, 

in the proposed subsection (b) of such proposed new section add a new section ‘‘(5) 

Feedback.’’. 


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An amendment offered by MRS. BROOKS OF INDIANA (#3); was 

AGREED TO by voice vote. 

In section 2, in the proposed new section 44946 of title 49, United States Code, 

in the proposed subsection (c)(1)(C) of such proposed new section, strike ‘‘and the 

aviation technology security industry, including biometrics’’ and insert ‘‘the aviation 

technology security industry, including biometrics, victims of terrorist acts against 

aviation, and law enforcement and security experts’’. 

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. 

1204. 

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. 1204, the 

Aviation Security Stakeholder Participation Act of 2013, 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, November 21, 2013. 

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. 1204, the Aviation Security Stakeholder Participation Act of 2013. 

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. 1204—Aviation Security Stakeholder Participation Act of 2013 

H.R. 1204 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 advisory committee. 


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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 committee envisioned under H.R. 1204. As a 

result, CBO estimates that implementing H.R. 1204 would have no 

significant additional cost. H.R. 1204 would not affect direct spending or receipts; therefore, pay-as-you-go procedures do not apply. 

H.R. 1204 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. This 

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. 1204 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. 1204 directs the establishment of the following five subcommittees: (1) the 

air cargo security subcommittee; (2) the general aviation security 

subcommittee; (3) the perimeter security, exit lane security, and access control subcommittee; (4) the risk-based subcommittee, and (5) 

the security technology subcommittee. Members of the Advisory 

Committee with specialized knowledge in these areas are to be appointed to each subcommittee. Additionally, to bring focus to particular aviation security challenges, the subcommittees are directed 

to provide information and recommendations to the Advisory Committee for inclusion in the annual report. The Advisory Committee 

is required to submit periodic and annual reports to the Assistant 

Secretary. The Assistant Secretary is required within 90 days to respond in writing to the Advisory Committee with feedback on each 

recommendation that the Committee provided to the Assistant Secretary, an action plan to implement any of the recommendations 

with which the Assistant Secretary concurs, and a justification for 

rejecting any of its amendments. 

DUPLICATIVE FEDERAL PROGRAMS

The Committee finds that H.R. 1204 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. 


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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. 1204 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 1204 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. 

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 

The act may be cited as the ‘‘Aviation Security Stakeholder Participation Act of 2013’’. 

Section 2. Aviation Security Advisory Committee 

This section amends Subchapter II of chapter 449 of title 49, U.S. 

Code, by adding at the end the following: 

SEC. 4496. AVIATION SECURITY ADVISORY COMMITTEE

This section requires the Assistant Secretary to establish within 

TSA an advisory committee to be known as the ‘‘Aviation Security 

Advisory Committee’’ and to consult with the Committee on aviation security matters, including on the development and implementation of policies, programs, rulemaking, and security directives. 

The Advisory Committee is required to develop recommendations 

for improvements to aviation security and submit periodic and annual reports to the Assistant Secretary. The Assistant Secretary is 

required within 90 days to respond in writing to the Advisory Committee with feedback on each recommendation that the Committee 

provided to the Assistant Secretary, including an action plan to implement any of the recommendations with which the Assistant Secretary concurs and a detailed justification of why any of the recommendations were rejected. In addition, the Assistant Secretary 


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must appoint members of the Advisory Committee that consist of 

individuals representing not more than 32 member organizations 

within 180 days of enactment. 

The membership must include a variety of stakeholders, including but not limited to representatives of air carriers, all cargo air 

transportation, indirect air carriers, aircraft manufacturers, airport 

based businesses, the aviation technology security industry, law enforcement and security experts, businesses that conduct security 

operations at airports, and aeronautical repair stations. 

The members of the Advisory Committee are prohibited from receiving pay, allowances, or benefits from the Government for their 

service on the Committee. 

The Advisory Committee is required to meet at least semiannually. 

In addition, this section requires the Assistant Secretary to establish an air cargo security subcommittee, general aviation security subcommittee, a perimeter security, exit lane security, and access control subcommittee, a risk-based subcommittee, and a security technology subcommittee within the Advisory Committee. 

Each subcommittee is required to meet at least quarterly and 

submit to the Advisory Committee recommendations for inclusion 

in the annual report. 

Additionally, each subcommittee will consist of committee members with expertise in each subject area and will be co-chaired by 

a Government and industry official. Subject matter experts with 

relevant expertise, who are not on the committee but who are appointed by the respective chairperson of a subcommittee of the Advisory Committee, will also be included as members of each subcommittee. 

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 

* * * * * * * 

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. 

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SUBCHAPTER II—ADMINISTRATION AND PERSONNEL 

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44946. Aviation Security Advisory Committee. 

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SUBCHAPTER II—ADMINISTRATION AND PERSONNEL 

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§ 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 Assistant Secretary shall consult the 

Advisory Committee 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 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 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 such recommendations, an action plan to implement any of such recommendations with which the Assistant Secretary concurs, and 

a detailed justification for why any of such recommendations 

have been rejected. 


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(6) CONGRESSIONAL NOTIFICATION.—Not later than 30 days 

after providing written feedback to the Advisory Committee in 

accordance with paragraph (5), the Assistant Secretary shall 

brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on such feedback. 

(7) REPORT TO CONGRESS.—Prior to briefing the Committee 

on Homeland Security of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate in accordance with 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 this section, 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 32 member organizations. Each organization 

shall be represented by one 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, aircraft manufacturers, airport operators, 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 technology security industry, including 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. 

(d) AIR CARGO SECURITY SUBCOMMITTEE.— 

(1) IN GENERAL.—The Assistant Secretary shall establish 

within the Advisory Committee an air cargo security subcommittee 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. 


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(2) MEETINGS AND REPORTING.—The 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 air cargo security. Such submissions shall include recommendations to improve the Transportation Security Administration’s cargo security initiatives established to meet the requirements of section 

44901(g). 

(3) MEMBERSHIP.—The subcommittee 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 SUBCOMMITTEE.— 

(1) IN GENERAL.—The Assistant Secretary shall establish 

within the Advisory Committee a general aviation subcommittee 

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 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 aviation security at general aviation airports. 

(3) MEMBERSHIP.—The subcommittee 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, EXIT LANE SECURITY, AND ACCESS CONTROL SUBCOMMITTEE.— 

(1) IN GENERAL.—The Assistant Secretary shall establish 

within the Advisory Committee an airport perimeter security, 

exit lane security, and access control subcommittee to provide 

recommendations on airport perimeter security, exit lane security at commercial service airports, and access control issues. 

(2) MEETINGS AND REPORTING.—The 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 improving 

perimeter security, exit lane security at commercial service airports, and access control procedures at commercial service and 

general aviation airports. 

(3) MEMBERSHIP.—The subcommittee shall— 

(A) include members of the Advisory Committee with expertise in airport perimeter security and access control 

issues; and 

(B) be co-chaired by a Government and industry official. 

(g) RISK-BASED SUBCOMMITTEE.— 

(1) IN GENERAL.—The Assistant Secretary shall establish 

within the Advisory Committee a risk-based subcommittee to 

provide recommendations on passenger screening policies and 

cargo. 

(2) MEETINGS AND REPORTING.—The subcommittee shall meet 

at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) inVerDate Mar 15 2010 05:58 Dec 03, 2013 Jkt 039006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6603 E:\HR\OC\HR278.XXX HR278

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formation, including recommendations, regarding the Transportation Security Administration’s risk-based security programs. 

(3) MEMBERSHIP.—The subcommittee shall— 

(A) include members of the Advisory Committee with expertise in passenger advocacy and airport security operations; and 

(B) be cochaired by a Government and industry official. 

(h) SECURITY TECHNOLOGY SUBCOMMITTEE.— 

(1) IN GENERAL.—The Assistant Secretary shall establish 

within the Advisory Committee a security technology subcommittee to provide recommendations on security technology 

issues, including harmonization of security technology standards and requirements. 

(2) MEETINGS AND REPORTING.—The 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 security technology. Such submissions shall include recommendations to improve the Transportation Security Administration’s utilization 

of security technology and harmonization of security technology 

standards and requirements. All recommendations shall be in 

furtherance of aviation security and technology neutral. 

(3) MEMBERSHIP.—The subcommittee shall— 

(A) include members of the Advisory Committee with expertise in checkpoint, baggage, and air cargo security technology; and 

(B) be co-chaired by a Government and industry official. 

(i) OTHER SUBCOMMITTEES.—The Assistant Secretary, in consultation with the Advisory Committee, may establish within the 

Advisory Committee any other subcommittee that the Assistant Secretary and Advisory Committee determine necessary. 

(j) SUBJECT MATTER EXPERTS.—Each subcommittee under this 

section shall include subject matter experts with relevant expertise 

who are appointed by the respective subcommittee chairperson. 

(k) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee and its subcommittees. 

(l) DEFINITIONS.—In this section, the following definitions apply: 

(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.—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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ADDITIONAL VIEWS 

I was pleased that during consideration of H.R. 1204, the ‘‘Aviation Security Stakeholder Participation Act of 2013,’’ my amendment broadening the scope of the subcommittee on perimeter security to include the distinct issue of exit lane security was adopted 

with the unanimous support of the Committee. 

Since 9/11, exit lanes at many commercial service airports have 

been protected by Transportation Security Officers. This past 

spring, in its budget submission to Congress, TSA announced that 

it would discontinue its practice of providing security services at 

exit lanes. This decision was made without formal engagement 

with stakeholders. 

If TSA proceeds with its plan, airport operators will be forced to 

hire security guards, purchase and install new security technology 

or some combination of both. It is regrettable that this change to 

the security operations at our nation’s commercial airports was announced without first engaging in formal consultation with the airport operators it directly impacts. 

In July, Airports Council International conducted a survey of its 

Member airports to assess the financial impact on airport operators 

should TSA finalize its proposed policy change. As a result of that 

survey, Airports Council International calculated that the total annual cost for airport operators to provide staff to monitor exit lanes 

would be more than $159 million. 

While my amendment does not prohibit TSA from moving forward with its proposed policy change regarding exit lanes, it would 

ensure that going forward, stakeholders, such as the airport operators that will be required to implement the policies TSA mandates 

will have a voice in the process via the Aviation Security Advisory 

Committee. I am pleased that my amendment garnered the support 

of the Airports Council International, Airlines for America, the 

American Association of Airport Executives, and the Regional Airline Association. 

I look forward to enactment of H.R. 1204, a bill introduced by 

Ranking Member Thompson, so that the Aviation Security Advisory Committee never again becomes inactive and has its charter 

laps, as happened during the previous Administration, and the establishment of a subcommittee on exit lane security is realized. 

STEVEN HORSFORD. 

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