II 

113TH CONGRESS 

1ST SESSION 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. 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Stakeholder Participation Act of 2013’’. 


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1 SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. 

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

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

4 end the following: 

5 ‘‘§ 44946. Aviation Security Advisory Committee 

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

7 shall establish within the Transportation Security Admin8 istration an advisory committee to be known as the ‘Avia9 tion Security Advisory Committee’. 

10 ‘‘(b) DUTIES.— 

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

12 shall consult the Advisory Committee on aviation se13 curity matters, including on the development, refine14 ment, and implementation of policies, programs, 

15 rulemaking, and security directives pertaining to 

16 aviation security, while adhering to sensitive security 

17 guidelines. 

18 ‘‘(2) RECOMMENDATIONS.— 

19 ‘‘(A) IN GENERAL.—The Advisory Com20 mittee shall develop, at the request of the As21 sistant Secretary, recommendations for im22 provements to aviation security. 

23 ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT24 TEES.—Recommendations agreed upon by the 

25 subcommittees established under this section 


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1 shall be approved by the Advisory Committee 

2 for transmission to the Assistant Secretary. 

3 ‘‘(3) PERIODIC REPORTS.—The Advisory Com4 mittee shall periodically submit to the Assistant Sec5 retary— 

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

7 Assistant Secretary; and 

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

9 a majority of the members of the Advisory 

10 Committee. 

11 ‘‘(4) ANNUAL REPORT.—The Advisory Com12 mittee shall submit to the Assistant Secretary an an13 nual report providing information on the activities, 

14 findings, and recommendations of the Advisory Com15 mittee, including its subcommittees, for the pre16 ceding year. 

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

18 receiving recommendations transmitted by the Advi19 sory Committee under paragraph (4), the Assistant 

20 Secretary shall respond in writing to the Advisory 

21 Committee with feedback on each of such rec22 ommendations, an action plan to implement any of 

23 such recommendations with which the Assistant Sec24 retary concurs, and a detailed justification for why 

25 any of such recommendations have been rejected. 


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1 ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not 

2 later than 30 days after providing written feedback 

3 to the Advisory Committee in accordance with para4 graph (5), the Assistant Secretary shall brief the 

5 Committee on Homeland Security of the House of 

6 Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate on such 

8 feedback. 

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

10 the Committee on Homeland Security of the House 

11 of Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate in accord13 ance with paragraph (6), the Assistant Secretary 

14 shall submit to such committees a report containing 

15 information relating to the recommendations trans16 mitted by the Advisory Committee in accordance 

17 with paragraph (4). 

18 ‘‘(c) MEMBERSHIP.— 

19 ‘‘(1) APPOINTMENT.— 

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

21 days after the date of enactment of this section, 

22 the Assistant Secretary shall appoint the mem23 bers of the Advisory Committee. 

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

25 the Advisory Committee shall consist of individVerDate Mar 15 2010 01:36 Dec 14, 2013 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1804.IS S1804

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1 uals representing not more than 34 member or2 ganizations. Each organization shall be rep3 resented by one individual (or the individual’s 

4 designee). 

5 ‘‘(C) REPRESENTATION.—The membership 

6 of the Advisory Committee shall include rep7 resentatives of air carriers, all-cargo air trans8 portation, indirect air carriers, labor organiza9 tions representing air carrier employees, air10 craft manufacturers, airport operators, airport 

11 construction and maintenance contractors, labor 

12 organizations representing employees of airport 

13 construction and maintenance contractors, gen14 eral aviation, privacy organizations, the travel 

15 industry, airport-based businesses (including 

16 minority-owned small businesses), businesses 

17 that conduct security operations at airports, 

18 aeronautical repair stations, passenger advocacy 

19 groups, the aviation technology security indus20 try (including biometrics), victims of terrorist 

21 acts against aviation, and law enforcement and 

22 security experts. 

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

24 review the participation of a member of the Advisory 


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1 Committee and remove such member for cause at 

2 any time. 

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

4 members of the Advisory Committee shall not re5 ceive pay, allowances, or benefits from the Govern6 ment by reason of their service on the Advisory 

7 Committee. 

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

9 require the Advisory Committee to meet at least 

10 semiannually and may convene additional meetings 

11 as necessary. 

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

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

14 shall establish within the Advisory Committee an air 

15 cargo security subcommittee to provide recommenda16 tions on air cargo security issues, including the im17 plementation of the air cargo security programs es18 tablished by the Transportation Security Adminis19 tration to screen air cargo on passenger aircraft and 

20 all-cargo aircraft in accordance with established 

21 cargo screening mandates. 

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 Mar 15 2010 01:36 Dec 14, 2013 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1804.IS S1804

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1 mation, including recommendations, regarding air 

2 cargo security. Such submissions shall include rec3 ommendations to improve the Transportation Secu4 rity Administration’s cargo security initiatives estab5 lished to meet the requirements of section 44901(g). 

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

7 ‘‘(A) include members of the Advisory 

8 Committee with expertise in air cargo oper9 ations; and 

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

11 industry official. 

12 ‘‘(e) GENERAL AVIATION SECURITY SUB13 COMMITTEE.— 

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

15 shall establish within the Advisory Committee a gen16 eral aviation subcommittee to provide recommenda17 tions on transportation security issues for general 

18 aviation facilities, general aviation aircraft, and heli19 copter operations at general aviation and commercial 

20 service airports. 

21 ‘‘(2) MEETINGS AND REPORTING.—The sub22 committee shall meet at least quarterly and submit 

23 to the Advisory Committee for inclusion in the an24 nual report required under subsection (b)(4) inforVerDate Mar 15 2010 01:36 Dec 14, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1804.IS S1804

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1 mation, including recommendations, regarding avia2 tion security at general aviation airports. 

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

4 ‘‘(A) include members of the Advisory 

5 Committee with expertise in general aviation; 

6 and 

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

8 industry official. 

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

10 AND ACCESS CONTROL SUBCOMMITTEE.— 

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

12 shall establish within the Advisory Committee an 

13 airport perimeter security, exit lane security, and ac14 cess control subcommittee to provide recommenda15 tions on airport perimeter security, exit lane security 

16 at commercial service airports, and access control 

17 issues. 

18 ‘‘(2) MEETINGS AND REPORTING.—The sub19 committee shall meet at least quarterly and submit 

20 to the Advisory Committee for inclusion in the an21 nual report required under subsection (b)(4) infor22 mation, including recommendations, regarding im23 proving perimeter security, exit lane security at com24 mercial service airports, and access control proceVerDate Mar 15 2010 01:36 Dec 14, 2013 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1804.IS S1804

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1 dures at commercial service and general aviation air2 ports. 

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

4 ‘‘(A) include members of the Advisory 

5 Committee with expertise in airport perimeter 

6 security and access control issues; and 

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

8 industry official. 

9 ‘‘(g) RISK-BASED SUBCOMMITTEE.— 

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

11 shall establish within the Advisory Committee a risk12 based subcommittee to provide recommendations on 

13 passenger screening policies and cargo. 

14 ‘‘(2) MEETINGS AND REPORTING.—The sub15 committee shall meet at least quarterly and submit 

16 to the Advisory Committee for inclusion in the an17 nual report required under subsection (b)(4) infor18 mation, including recommendations, regarding the 

19 Transportation Security Administration’s risk-based 

20 security programs. 

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

22 ‘‘(A) include members of the Advisory 

23 Committee with expertise in passenger advocacy 

24 and airport security operations; and 


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

2 industry official. 

3 ‘‘(h) SECURITY TECHNOLOGY SUBCOMMITTEE.— 

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

5 shall establish within the Advisory Committee a se6 curity technology subcommittee to provide rec7 ommendations on security technology issues, includ8 ing harmonization of security technology standards 

9 and requirements. 

10 ‘‘(2) MEETINGS AND REPORTING.—The sub11 committee shall meet at least quarterly and submit 

12 to the Advisory Committee for inclusion in the an13 nual report required under subsection (b)(4) infor14 mation, including recommendations, regarding secu15 rity technology. Such submissions shall include rec16 ommendations to improve the Transportation Secu17 rity Administration’s utilization of security tech18 nology and harmonization of security technology 

19 standards and requirements. All recommendations 

20 shall be in furtherance of aviation security and tech21 nology neutral. 

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

23 ‘‘(A) include members of the Advisory 

24 Committee with expertise in checkpoint, bag25 gage, and air cargo security technology; and 


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

2 industry official. 

3 ‘‘(i) OTHER SUBCOMMITTEES.—The Assistant Sec4 retary, in consultation with the Advisory Committee, may 

5 establish within the Advisory Committee any other sub6 committee that the Assistant Secretary and Advisory 

7 Committee determine necessary. 

8 ‘‘(j) SUBJECT MATTER EXPERTS.—Each sub9 committee under this section shall include subject matter 

10 experts with relevant expertise who are appointed by the 

11 respective subcommittee chairperson. 

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

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

14 to the Advisory Committee and its subcommittees. 

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

16 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi17 sory Committee’ means the Aviation Security Advi18 sory Committee established under subsection (a). 

19 ‘‘(2) ASSISTANT SECRETARY.—The term ‘As20 sistant Secretary’ means the Assistant Secretary of 

21 Homeland Security (Transportation Security Admin22 istration). 

23 ‘‘(3) PERIMETER SECURITY.—The term ‘perim24 eter security’— 


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1 ‘‘(A) means procedures or systems to mon2 itor, secure, and prevent unauthorized access to 

3 an airport, including its airfield and terminal; 

4 and 

5 ‘‘(B) includes the fence area surrounding 

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

7 (b) CLERICAL AMENDMENT.—The analysis for sub8 chapter II of chapter 449 of title 49, United States Code, 

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

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

Æ 


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