I 

113TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2013 

Mr. THOMPSON of Mississippi (for himself, Mr. RICHMOND, Ms. JACKSON

LEE, and Mr. SWALWELL of California) introduced the following bill; 

which was referred to the Committee on Homeland Security 

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 and 

14 implementation of policies, programs, rulemaking, 

15 and security directives pertaining to aviation secu16 rity, while adhering to sensitive security guidelines. 

17 ‘‘(2) RECOMMENDATIONS.— 

18 ‘‘(A) IN GENERAL.—The Advisory Com19 mittee shall develop, at the request of the As20 sistant Secretary, recommendations for im21 provements to aviation security. 

22 ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT23 TEES.—Recommendations agreed upon by the 

24 subcommittees established under this section 

25 shall be approved by the Advisory Committee 

26 for transmission to the Assistant Secretary. 

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1 ‘‘(3) PERIODIC REPORTS.—The Advisory Com2 mittee shall periodically submit to the Assistant Sec3 retary— 

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

5 Assistant Secretary; and 

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

7 a majority of the members of the Advisory 

8 Committee. 

9 ‘‘(4) ANNUAL REPORT.—The Advisory Com10 mittee shall submit to the Assistant Secretary an an11 nual report providing information on the activities, 

12 findings, and recommendations of the Advisory Com13 mittee, including its subcommittees, for the pre14 ceding year. 

15 ‘‘(c) MEMBERSHIP.— 

16 ‘‘(1) APPOINTMENT.— 

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

18 days after the date of enactment of this section, 

19 the Assistant Secretary shall appoint the mem20 bers of the Advisory Committee. 

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

22 the Advisory Committee shall consist of individ23 uals representing not more than 30 member or24 ganizations. Each organization shall be repmstockstill on DSK4VPTVN1PROD with BILLS

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1 resented by one individual (or the individual’s 

2 designee). 

3 ‘‘(C) REPRESENTATION.—The membership 

4 of the Advisory Committee shall include rep5 resentatives of air carriers, all cargo air trans6 portation, indirect air carriers, labor organiza7 tions representing air carrier employees, air8 craft manufacturers, airport operators, general 

9 aviation, privacy organizations, the travel indus10 try, airport based businesses, including minority 

11 owned small businesses, passenger advocacy 

12 groups, and the aviation technology security in13 dustry, including biometrics. 

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

15 review the participation of a member of the Advisory 

16 Committee and remove such member for cause at 

17 any time. 

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

19 members of the Advisory Committee shall not re20 ceive pay, allowances, or benefits from the Govern21 ment by reason of their service on the Advisory 

22 Committee. 

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

24 require the Advisory Committee to meet at least 

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1 semiannually and may convene additional meetings 

2 as necessary. 

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

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

5 shall establish within the Advisory Committee an air 

6 cargo security subcommittee to provide recommenda7 tions on air cargo security issues, including the im8 plementation of the air cargo security programs es9 tablished by the Transportation Security Adminis10 tration to screen air cargo on passenger aircraft and 

11 all-cargo aircraft in accordance with established 

12 cargo screening mandates. 

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 air 

18 cargo security. Such submissions shall include rec19 ommendations to improve the Transportation Secu20 rity Administration’s cargo security initiatives estab21 lished to meet the requirements of section 44901(g). 

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

23 ‘‘(A) include members of the Advisory 

24 Committee with expertise in air cargo oper25 ations; and 

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

2 industry official. 

3 ‘‘(e) GENERAL AVIATION SECURITY SUB4 COMMITTEE.— 

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

6 shall establish within the Advisory Committee a gen7 eral aviation subcommittee to provide recommenda8 tions on transportation security issues for general 

9 aviation facilities, general aviation aircraft, and heli10 copter operations at general aviation and commercial 

11 service airports. 

12 ‘‘(2) MEETINGS AND REPORTING.—The sub13 committee shall meet at least quarterly and submit 

14 to the Advisory Committee for inclusion in the an15 nual report required under subsection (b)(4) infor16 mation, including recommendations, regarding avia17 tion security at general aviation airports. 

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

19 ‘‘(A) include members of the Advisory 

20 Committee with expertise in general aviation; 

21 and 

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

23 industry official. 

24 ‘‘(f) PERIMETER SECURITY SUBCOMMITTEE.— 

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

2 shall establish within the Advisory Committee an 

3 airport perimeter security subcommittee to provide 

4 recommendations on airport perimeter security and 

5 access control issues. 

6 ‘‘(2) MEETINGS AND REPORTING.—The sub7 committee shall meet at least quarterly and submit 

8 to the Advisory Committee for inclusion in the an9 nual report required under subsection (b)(4) infor10 mation, including recommendations, regarding im11 proving perimeter security and access control proce12 dures at commercial service and general aviation air13 ports. 

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

15 ‘‘(A) include members of the Advisory 

16 Committee with expertise in airport perimeter 

17 security and access control issues; and 

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

19 industry official. 

20 ‘‘(g) RISK-BASED SUBCOMMITTEE.— 

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

22 shall establish within the Advisory Committee a risk23 based subcommittee to provide recommendations on 

24 passenger screening policies and cargo. 

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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 the 

6 Transportation Security Administration’s risk-based 

7 security programs. 

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

9 ‘‘(A) include members of the Advisory 

10 Committee with expertise in passenger advocacy 

11 and airport security operations; and 

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

13 industry official. 

14 ‘‘(h) OTHER SUBCOMMITTEES.—The Assistant Sec15 retary, in consultation with the Advisory Committee, may 

16 establish within the Advisory Committee any other sub17 committee that the Assistant Secretary and Advisory 

18 Committee determine necessary. 

19 ‘‘(i) NONAPPLICABILITY OF FACA.—The Federal 

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

21 to the Advisory Committee and its subcommittees. 

22 ‘‘(j) DEFINITIONS.—In this section, the following 

23 definitions apply: 

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1 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi2 sory Committee’ means the Aviation Security Advi3 sory Committee established under subsection (a). 

4 ‘‘(2) ASSISTANT SECRETARY.—The term ‘As5 sistant Secretary’ means the Assistant Secretary of 

6 Homeland Security (Transportation Security Admin7 istration). 

8 ‘‘(3) PERIMETER SECURITY.—The term ‘perim9 eter security’— 

10 ‘‘(A) means procedures or systems to mon11 itor, secure, and prevent unauthorized access to 

12 an airport, including its airfield and terminal; 

13 and 

14 ‘‘(B) includes the fence area surrounding 

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

16 (b) CLERICAL AMENDMENT.—The analysis for sub17 chapter II of chapter 449 of title 49, United States Code, 

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

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

Æ 

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