II 

Calendar No. 598 

113TH CONGRESS 

2D SESSION S. 1804 

[Report No. 113–273] 

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. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 11, 2013 

Mr. TESTER (for himself and Mr. BEGICH) introduced the following bill; which 

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

Transportation 

NOVEMBER 17, 2014 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Aviation Security 

3 Stakeholder Participation Act of 2013’’. 

4 SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. 

5 (a) IN GENERAL.—Subchapter II of chapter 449 of 

6 title 49, United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 44946. Aviation Security Advisory Committee 

9 ‘‘(a) ESTABLISHMENT.—The Assistant Secretary 

10 shall establish within the Transportation Security Admin11 istration an advisory committee to be known as the ‘Avia12 tion Security Advisory Committee’. 

13 ‘‘(b) DUTIES.— 

14 ‘‘(1) IN GENERAL.—The Assistant Secretary 

15 shall consult the Advisory Committee on aviation se16 curity matters, including on the development, refine17 ment, and implementation of policies, programs, 

18 rulemaking, and security directives pertaining to 

19 aviation security, while adhering to sensitive security 

20 guidelines. 

21 ‘‘(2) RECOMMENDATIONS.— 

22 ‘‘(A) IN GENERAL.—The Advisory Com23 mittee shall develop, at the request of the As24 sistant Secretary, recommendations for im25 provements to aviation security. 


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1 ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT2 TEES.—Recommendations agreed upon by the 

3 subcommittees established under this section 

4 shall be approved by the Advisory Committee 

5 for transmission to the Assistant Secretary. 

6 ‘‘(3) PERIODIC REPORTS.—The Advisory Com7 mittee shall periodically submit to the Assistant Sec8 retary— 

9 ‘‘(A) reports on matters identified by the 

10 Assistant Secretary; and 

11 ‘‘(B) reports on other matters identified by 

12 a majority of the members of the Advisory 

13 Committee. 

14 ‘‘(4) ANNUAL REPORT.—The Advisory Com15 mittee shall submit to the Assistant Secretary an an16 nual report providing information on the activities, 

17 findings, and recommendations of the Advisory Com18 mittee, including its subcommittees, for the pre19 ceding year. 

20 ‘‘(5) FEEDBACK.—Not later than 90 days after 

21 receiving recommendations transmitted by the Advi22 sory Committee under paragraph (4), the Assistant 

23 Secretary shall respond in writing to the Advisory 

24 Committee with feedback on each of such rec25 ommendations, an action plan to implement any of 


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1 such recommendations with which the Assistant Sec2 retary concurs, and a detailed justification for why 

3 any of such recommendations have been rejected. 

4 ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not 

5 later than 30 days after providing written feedback 

6 to the Advisory Committee in accordance with para7 graph (5), the Assistant Secretary shall brief the 

8 Committee on Homeland Security of the House of 

9 Representatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate on such 

11 feedback. 

12 ‘‘(7) REPORT TO CONGRESS.—Prior to briefing 

13 the Committee on Homeland Security of the House 

14 of Representatives and the Committee on Commerce, 

15 Science, and Transportation of the Senate in accord16 ance with paragraph (6), the Assistant Secretary 

17 shall submit to such committees a report containing 

18 information relating to the recommendations trans19 mitted by the Advisory Committee in accordance 

20 with paragraph (4). 

21 ‘‘(c) MEMBERSHIP.— 

22 ‘‘(1) APPOINTMENT.— 

23 ‘‘(A) IN GENERAL.—Not later than 180 

24 days after the date of enactment of this section, 


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1 the Assistant Secretary shall appoint the mem2 bers of the Advisory Committee. 

3 ‘‘(B) COMPOSITION.—The membership of 

4 the Advisory Committee shall consist of individ5 uals representing not more than 34 member or6 ganizations. Each organization shall be rep7 resented by one individual (or the individual’s 

8 designee). 

9 ‘‘(C) REPRESENTATION.—The membership 

10 of the Advisory Committee shall include rep11 resentatives of air carriers, all-cargo air trans12 portation, indirect air carriers, labor organiza13 tions representing air carrier employees, air14 craft manufacturers, airport operators, airport 

15 construction and maintenance contractors, labor 

16 organizations representing employees of airport 

17 construction and maintenance contractors, gen18 eral aviation, privacy organizations, the travel 

19 industry, airport-based businesses (including 

20 minority-owned small businesses), businesses 

21 that conduct security operations at airports, 

22 aeronautical repair stations, passenger advocacy 

23 groups, the aviation technology security indus24 try (including biometrics), victims of terrorist 


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1 acts against aviation, and law enforcement and 

2 security experts. 

3 ‘‘(2) REMOVAL.—The Assistant Secretary may 

4 review the participation of a member of the Advisory 

5 Committee and remove such member for cause at 

6 any time. 

7 ‘‘(3) PROHIBITION ON COMPENSATION.—The 

8 members of the Advisory Committee shall not re9 ceive pay, allowances, or benefits from the Govern10 ment by reason of their service on the Advisory 

11 Committee. 

12 ‘‘(4) MEETINGS.—The Assistant Secretary shall 

13 require the Advisory Committee to meet at least 

14 semiannually and may convene additional meetings 

15 as necessary. 

16 ‘‘(d) AIR CARGO SECURITY SUBCOMMITTEE.— 

17 ‘‘(1) IN GENERAL.—The Assistant Secretary 

18 shall establish within the Advisory Committee an air 

19 cargo security subcommittee to provide recommenda20 tions on air cargo security issues, including the im21 plementation of the air cargo security programs es22 tablished by the Transportation Security Adminis23 tration to screen air cargo on passenger aircraft and 

24 all-cargo aircraft in accordance with established 

25 cargo screening mandates. 


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1 ‘‘(2) MEETINGS AND REPORTING.—The sub2 committee shall meet at least quarterly and submit 

3 to the Advisory Committee for inclusion in the an4 nual report required under subsection (b)(4) infor5 mation, including recommendations, regarding air 

6 cargo security. Such submissions shall include rec7 ommendations to improve the Transportation Secu8 rity Administration’s cargo security initiatives estab9 lished to meet the requirements of section 44901(g). 

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

11 ‘‘(A) include members of the Advisory 

12 Committee with expertise in air cargo oper13 ations; and 

14 ‘‘(B) be cochaired by a Government and 

15 industry official. 

16 ‘‘(e) GENERAL AVIATION SECURITY SUB17 COMMITTEE.— 

18 ‘‘(1) IN GENERAL.—The Assistant Secretary 

19 shall establish within the Advisory Committee a gen20 eral aviation subcommittee to provide recommenda21 tions on transportation security issues for general 

22 aviation facilities, general aviation aircraft, and heli23 copter operations at general aviation and commercial 

24 service airports. 


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1 ‘‘(2) MEETINGS AND REPORTING.—The sub2 committee shall meet at least quarterly and submit 

3 to the Advisory Committee for inclusion in the an4 nual report required under subsection (b)(4) infor5 mation, including recommendations, regarding avia6 tion security at general aviation airports. 

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

8 ‘‘(A) include members of the Advisory 

9 Committee with expertise in general aviation; 

10 and 

11 ‘‘(B) be cochaired by a Government and 

12 industry official. 

13 ‘‘(f) PERIMETER SECURITY, EXIT LANE SECURITY, 

14 AND ACCESS CONTROL SUBCOMMITTEE.— 

15 ‘‘(1) IN GENERAL.—The Assistant Secretary 

16 shall establish within the Advisory Committee an 

17 airport perimeter security, exit lane security, and ac18 cess control subcommittee to provide recommenda19 tions on airport perimeter security, exit lane security 

20 at commercial service airports, and access control 

21 issues. 

22 ‘‘(2) MEETINGS AND REPORTING.—The sub23 committee shall meet at least quarterly and submit 

24 to the Advisory Committee for inclusion in the an25 nual report required under subsection (b)(4) inforVerDate Sep 11 2014 22:57 Nov 17, 2014 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1804.RS S1804

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1 mation, including recommendations, regarding im2 proving perimeter security, exit lane security at com3 mercial service airports, and access control proce4 dures at commercial service and general aviation air5 ports. 

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

7 ‘‘(A) include members of the Advisory 

8 Committee with expertise in airport perimeter 

9 security and access control issues; and 

10 ‘‘(B) be co-chaired by a Government and 

11 industry official. 

12 ‘‘(g) RISK-BASED SUBCOMMITTEE.— 

13 ‘‘(1) IN GENERAL.—The Assistant Secretary 

14 shall establish within the Advisory Committee a risk15 based subcommittee to provide recommendations on 

16 passenger screening policies and cargo. 

17 ‘‘(2) MEETINGS AND REPORTING.—The sub18 committee shall meet at least quarterly and submit 

19 to the Advisory Committee for inclusion in the an20 nual report required under subsection (b)(4) infor21 mation, including recommendations, regarding the 

22 Transportation Security Administration’s risk-based 

23 security programs. 

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


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1 ‘‘(A) include members of the Advisory 

2 Committee with expertise in passenger advocacy 

3 and airport security operations; and 

4 ‘‘(B) be cochaired by a Government and 

5 industry official. 

6 ‘‘(h) SECURITY TECHNOLOGY SUBCOMMITTEE.— 

7 ‘‘(1) IN GENERAL.—The Assistant Secretary 

8 shall establish within the Advisory Committee a se9 curity technology subcommittee to provide rec10 ommendations on security technology issues, includ11 ing harmonization of security technology standards 

12 and requirements. 

13 ‘‘(2) MEETINGS AND REPORTING.—The sub14 committee shall meet at least quarterly and submit 

15 to the Advisory Committee for inclusion in the an16 nual report required under subsection (b)(4) infor17 mation, including recommendations, regarding secu18 rity technology. Such submissions shall include rec19 ommendations to improve the Transportation Secu20 rity Administration’s utilization of security tech21 nology and harmonization of security technology 

22 standards and requirements. All recommendations 

23 shall be in furtherance of aviation security and tech24 nology neutral. 

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


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1 ‘‘(A) include members of the Advisory 

2 Committee with expertise in checkpoint, bag3 gage, and air cargo security technology; and 

4 ‘‘(B) be co-chaired by a Government and 

5 industry official. 

6 ‘‘(i) OTHER SUBCOMMITTEES.—The Assistant Sec7 retary, in consultation with the Advisory Committee, may 

8 establish within the Advisory Committee any other sub9 committee that the Assistant Secretary and Advisory 

10 Committee determine necessary. 

11 ‘‘(j) SUBJECT MATTER EXPERTS.—Each sub12 committee under this section shall include subject matter 

13 experts with relevant expertise who are appointed by the 

14 respective subcommittee chairperson. 

15 ‘‘(k) NONAPPLICABILITY OF FACA.—The Federal 

16 Advisory Committee Act (5 U.S.C. App.) shall not apply 

17 to the Advisory Committee and its subcommittees. 

18 ‘‘(l) DEFINITIONS.—In this section: 

19 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi20 sory Committee’ means the Aviation Security Advi21 sory Committee established under subsection (a). 

22 ‘‘(2) ASSISTANT SECRETARY.—The term ‘As23 sistant Secretary’ means the Assistant Secretary of 

24 Homeland Security (Transportation Security Admin25 istration). 


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1 ‘‘(3) PERIMETER SECURITY.—The term ‘perim2 eter security’— 

3 ‘‘(A) means procedures or systems to mon4 itor, secure, and prevent unauthorized access to 

5 an airport, including its airfield and terminal; 

6 and 

7 ‘‘(B) includes the fence area surrounding 

8 an airport, access gates, and access controls.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for sub10 chapter II of chapter 449 of title 49, United States Code, 

11 is amended by adding at the end the following new item: 

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

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Aviation Security Stake14 holder Participation Act of 2014’’. 

15 SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. 

16 (a) IN GENERAL.—Subchapter II of chapter 449 of 

17 title 49, United States Code, is amended by adding at the 

18 end the following: 

19 ‘‘§ 44946. Aviation Security Advisory Committee 

20 ‘‘(a) ESTABLISHMENT.—The Assistant Secretary shall 

21 establish within the Transportation Security Administra22 tion an aviation security advisory committee. 

23 ‘‘(b) DUTIES.— 

24 ‘‘(1) IN GENERAL.—The Assistant Secretary 

25 shall consult the Advisory Committee, as appropriate, 


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1 on aviation security matters, including on the devel2 opment, refinement, and implementation of policies, 

3 programs, rulemaking, and security directives per4 taining to aviation security, while adhering to sen5 sitive security guidelines. 

6 ‘‘(2) RECOMMENDATIONS.— 

7 ‘‘(A) IN GENERAL.—The Advisory Com8 mittee shall develop, at the request of the Assist9 ant Secretary, recommendations for improve10 ments to aviation security. 

11 ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT12 TEES.—Recommendations agreed upon by the 

13 subcommittees established under this section shall 

14 be approved by the Advisory Committee before 

15 transmission to the Assistant Secretary. 

16 ‘‘(3) PERIODIC REPORTS.—The Advisory Com17 mittee shall periodically submit to the Assistant Sec18 retary— 

19 ‘‘(A) reports on matters identified by the 

20 Assistant Secretary; and 

21 ‘‘(B) reports on other matters identified by 

22 a majority of the members of the Advisory Com23 mittee. 

24 ‘‘(4) ANNUAL REPORT.—The Advisory Committee 

25 shall submit to the Assistant Secretary an annual reVerDate Sep 11 2014 22:57 Nov 17, 2014 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\S1804.RS S1804

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1 port providing information on the activities, findings, 

2 and recommendations of the Advisory Committee, in3 cluding its subcommittees, for the preceding year. 

4 ‘‘(5) FEEDBACK.—Not later than 90 days after 

5 receiving recommendations transmitted by the Advi6 sory Committee under paragraph (4), the Assistant 

7 Secretary shall respond in writing to the Advisory 

8 Committee with feedback on each of the recommenda9 tions, an action plan to implement any of the rec10 ommendations with which the Assistant Secretary 

11 concurs, and a justification for why any of the rec12 ommendations have been rejected. 

13 ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not later 

14 than 30 days after providing written feedback to the 

15 Advisory Committee under paragraph (5), the Assist16 ant Secretary shall notify the Committee on Com17 merce, Science, and Transportation of the Senate and 

18 the Committee on Homeland Security of the House of 

19 Representatives on such feedback, and provide a brief20 ing upon request. 

21 ‘‘(7) REPORT TO CONGRESS.—Prior to briefing 

22 the Committee on Commerce, Science, and Transpor23 tation of the Senate and the Committee on Homeland 

24 Security of the House of Representatives under para25 graph (6), the Assistant Secretary shall submit to 


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1 such committees a report containing information re2 lating to the recommendations transmitted by the Ad3 visory Committee in accordance with paragraph (4). 

4 ‘‘(c) MEMBERSHIP.— 

5 ‘‘(1) APPOINTMENT.— 

6 ‘‘(A) IN GENERAL.—Not later than 180 

7 days after the date of enactment of the Aviation 

8 Security Stakeholder Participation Act of 2014, 

9 the Assistant Secretary shall appoint the mem10 bers of the Advisory Committee. 

11 ‘‘(B) COMPOSITION.—The membership of 

12 the Advisory Committee shall consist of individ13 uals representing not more than 34 member or14 ganizations. Each organization shall be rep15 resented by 1 individual (or the individual’s des16 ignee). 

17 ‘‘(C) REPRESENTATION.—The membership 

18 of the Advisory Committee shall include rep19 resentatives of air carriers, all-cargo air trans20 portation, indirect air carriers, labor organiza21 tions representing air carrier employees, labor 

22 organizations representing transportation secu23 rity officers, aircraft manufacturers, airport op24 erators, airport construction and maintenance 

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1 ployees of airport construction and maintenance 

2 contractors, general aviation, privacy organiza3 tions, the travel industry, airport-based busi4 nesses (including minority-owned small busi5 nesses), businesses that conduct security oper6 ations at airports, aeronautical repair stations, 

7 passenger advocacy groups, the aviation security 

8 technology industry (including screening tech9 nology and biometrics), victims of terrorist acts 

10 against aviation, and law enforcement and secu11 rity experts. 

12 ‘‘(2) REMOVAL.—The Assistant Secretary may 

13 review the participation of a member of the Advisory 

14 Committee and remove such member for cause at any 

15 time. 

16 ‘‘(3) PROHIBITION ON COMPENSATION.—The 

17 members of the Advisory Committee shall not receive 

18 pay, allowances, or benefits from the Government by 

19 reason of their service on the Advisory Committee. 

20 ‘‘(4) MEETINGS.—The Assistant Secretary shall 

21 require the Advisory Committee to meet at least semi22 annually and may convene additional meetings as 

23 necessary. 

24 ‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY

25 INFORMATION.—Not later than 60 days after the date 


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1 of a member’s appointment, the Assistant Secretary 

2 shall determine if there is cause for the member to be 

3 restricted from possessing Sensitive Security Informa4 tion. Without such cause, and upon the member vol5 untarily signing a non-disclosure agreement, the 

6 member may be granted access to Sensitive Security 

7 Information that is relevant to the member’s advisory 

8 duties. The member shall protect the Sensitive Secu9 rity Information according to part 1520 of title 49 of 

10 the Code of Federal Regulations. 

11 ‘‘(6) CHAIRPERSON.—A stakeholder representa12 tive on the Advisory Committee who is elected by the 

13 appointed membership of the Advisory Committee 

14 shall chair the Advisory Committee. 

15 ‘‘(d) SUBCOMMITTEES.— 

16 ‘‘(1) MEMBERSHIP.—The Advisory Committee 

17 chairperson, in coordination with the Assistant Sec18 retary, may establish within the Advisory Committee 

19 any subcommittee that the Assistant Secretary and 

20 Advisory Committee determine to be necessary. The 

21 Assistant Secretary and the Advisory Committee shall 

22 create subcommittees to address aviation security 

23 issues, including the following: 

24 ‘‘(A) AIR CARGO SECURITY.—The imple25 mentation of the air cargo security programs esVerDate Sep 11 2014 22:57 Nov 17, 2014 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\S1804.RS S1804

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1 tablished by the Transportation Security Admin2 istration to screen air cargo on passenger air3 craft and all-cargo aircraft in accordance with 

4 established cargo screening mandates. 

5 ‘‘(B) GENERAL AVIATION.—General avia6 tion facilities, general aviation aircraft, and hel7 icopter operations at general aviation and com8 mercial service airports. 

9 ‘‘(C) PERIMETER AND ACCESS CONTROL.— 

10 Recommendations on airport perimeter security, 

11 exit lane security and technology at commercial 

12 service airports, and access control issues. 

13 ‘‘(D) SECURITY TECHNOLOGY.—Security 

14 technology standards and requirements, includ15 ing their harmonization internationally; tech16 nology to screen passengers, passenger baggage, 

17 carry-on baggage, and cargo; and biometric tech18 nology. 

19 ‘‘(2) RISK-BASED SECURITY.—All subcommittees 

20 established by the Advisory Committee co-chairs shall 

21 consider risk-based security approaches in the per22 formance of their functions that weigh optimum bal23 ance of costs and benefits in transportation security, 

24 including for passenger screening, baggage screening, 


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1 air cargo security policies, and general aviation secu2 rity matters. 

3 ‘‘(3) MEETINGS AND REPORTING.—Each sub4 committee shall meet at least quarterly and submit to 

5 the Advisory Committee for inclusion in the annual 

6 report required under subsection (b)(4) information, 

7 including recommendations, regarding issues within 

8 the subcommittee. 

9 ‘‘(4) SUBCOMMITTEE CHAIRS.—Each sub10 committee shall be co-chaired by a Government and 

11 an industry official. 

12 ‘‘(e) SUBJECT MATTER EXPERTS.—Each sub13 committee under this section shall include subject matter 

14 experts with relevant expertise who are appointed by the 

15 respective subcommittee chairperson. 

16 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal Advi17 sory Committee Act (5 U.S.C. App.) shall not apply to the 

18 Advisory Committee and its subcommittees. 

19 ‘‘(g) DEFINITIONS.—In this section: 

20 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi21 sory Committee’ means the aviation security advisory 

22 committee established under subsection (a). 

23 ‘‘(2) ASSISTANT SECRETARY.—The term ‘Assist24 ant Secretary’ means the Assistant Secretary of 


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1 Homeland Security (Transportation Security Admin2 istration). 

3 ‘‘(3) PERIMETER SECURITY.— 

4 ‘‘(A) IN GENERAL.—The term ‘perimeter se5 curity’ means procedures or systems to monitor, 

6 secure, and prevent unauthorized access to an 

7 airport, including its airfield and terminal. 

8 ‘‘(B) INCLUSIONS.—The term ‘perimeter se9 curity’ includes the fence area surrounding an 

10 airport, access gates, and access controls.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for sub12 chapter II of chapter 449 of title 49, United States Code, 

13 is amended by adding at the end the following new item: 

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


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Calendar No. 598 

113TH CONGRESS 

2D SESSION S. 1804 

[Report No. 113–273] 

A BILL 

To amend title 49, United States Code, to direct 

and for other purposes. tablish an Aviation Security Advisory Committee, (Transportation Security Administration) to esthe Assistant Secretary of Homeland Security 

NOVEMBER 17, 2014 

Reported with an amendment 


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