IB 

Union Calendar No. 199 

113TH CONGRESS 

1ST SESSION H. R. 1204 

[Report No. 113–278] 

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 

DECEMBER 2, 2013 

Additional sponsors: Mr. PAYNE, Mr. GRIMM, Mr. KEATING, Mr. MCCAUL, 

and Mr. HUDSON

DECEMBER 2, 2013 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on March 14, 2013] 


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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. 


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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 Stake5 holder Participation Act of 2013’’. 

6 SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. 

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

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

9 end the following: 

10 ‘‘§ 44946. Aviation Security Advisory Committee 

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

12 establish within the Transportation Security Administra13 tion an advisory committee to be known as the ‘Aviation 

14 Security Advisory Committee’. 

15 ‘‘(b) DUTIES.— 

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

17 shall consult the Advisory Committee on aviation se18 curity matters, including on the development, refine19 ment, and implementation of policies, programs, rule20 making, and security directives pertaining to avia21 tion security, while adhering to sensitive security 

22 guidelines. 

23 ‘‘(2) RECOMMENDATIONS.— 

24 ‘‘(A) IN GENERAL.—The Advisory Com25 mittee shall develop, at the request of the AssistVerDate Mar 15 2010 21:54 Dec 02, 2013 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1204.RH H1204

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1 ant Secretary, recommendations for improve2 ments to aviation security. 

3 ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT4 TEES.—Recommendations agreed upon by the 

5 subcommittees established under this section shall 

6 be approved by the Advisory Committee for 

7 transmission to the Assistant Secretary. 

8 ‘‘(3) PERIODIC REPORTS.—The Advisory Com9 mittee shall periodically submit to the Assistant Sec10 retary— 

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

12 Assistant Secretary; and 

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

14 a majority of the members of the Advisory Com15 mittee. 

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

17 shall submit to the Assistant Secretary an annual re18 port providing information on the activities, findings, 

19 and recommendations of the Advisory Committee, in20 cluding its subcommittees, for the preceding year. 

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

22 receiving recommendations transmitted by the Advi23 sory Committee under paragraph (4), the Assistant 

24 Secretary shall respond in writing to the Advisory 

25 Committee with feedback on each of such recVerDate Mar 15 2010 21:54 Dec 02, 2013 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1204.RH H1204

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1 ommendations, an action plan to implement any of 

2 such recommendations with which the Assistant Sec3 retary concurs, and a detailed justification for why 

4 any of such recommendations have been rejected. 

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

6 than 30 days after providing written feedback to the 

7 Advisory Committee in accordance with paragraph 

8 (5), the Assistant Secretary shall brief the Committee 

9 on Homeland Security of the House of Representa10 tives and the Committee on Commerce, Science, and 

11 Transportation of the Senate on such feedback. 

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

13 the Committee on Homeland Security of the House of 

14 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 with 

20 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 32 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, aircraft 

14 manufacturers, airport operators, general avia15 tion, privacy organizations, the travel industry, 

16 airport based businesses, including minority 

17 owned small businesses, businesses that conduct 

18 security operations at airports, aeronautical re19 pair stations, passenger advocacy groups, the 

20 aviation technology security industry, including 

21 biometrics, victims of terrorist acts against avia22 tion, and law enforcement and 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 any 

2 time. 

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

4 members of the Advisory Committee shall not receive 

5 pay, allowances, or benefits from the Government by 

6 reason of their service on the Advisory Committee. 

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

8 require the Advisory Committee to meet at least semi9 annually and may convene additional meetings as 

10 necessary. 

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

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

13 shall establish within the Advisory Committee an air 

14 cargo security subcommittee to provide recommenda15 tions on air cargo security issues, including the im16 plementation of the air cargo security programs es17 tablished by the Transportation Security Administra18 tion to screen air cargo on passenger aircraft and all19 cargo aircraft in accordance with established cargo 

20 screening mandates. 

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

23 the Advisory Committee for inclusion in the annual 

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

25 including recommendations, regarding air cargo secuVerDate Mar 15 2010 21:54 Dec 02, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1204.RH H1204

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1 rity. Such submissions shall include recommendations 

2 to improve the Transportation Security Administra3 tion’s cargo security initiatives established to meet the 

4 requirements of section 44901(g). 

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

6 ‘‘(A) include members of the Advisory Com7 mittee with expertise in air cargo operations; 

8 and 

9 ‘‘(B) be cochaired by a Government and in10 dustry official. 

11 ‘‘(e) GENERAL AVIATION SECURITY SUBCOMMITTEE.— 

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

13 shall establish within the Advisory Committee a gen14 eral aviation subcommittee to provide recommenda15 tions on transportation security issues for general 

16 aviation facilities, general aviation aircraft, and heli17 copter operations at general aviation and commercial 

18 service airports. 

19 ‘‘(2) MEETINGS AND REPORTING.—The sub20 committee shall meet at least quarterly and submit to 

21 the Advisory Committee for inclusion in the annual 

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

23 including recommendations, regarding aviation secu24 rity at general aviation airports. 

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


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1 ‘‘(A) include members of the Advisory Com2 mittee with expertise in general aviation; and 

3 ‘‘(B) be cochaired by a Government and in4 dustry official. 

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

6 AND ACCESS CONTROL SUBCOMMITTEE.— 

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

8 shall establish within the Advisory Committee an air9 port perimeter security, exit lane security, and access 

10 control subcommittee to provide recommendations on 

11 airport perimeter security, exit lane security at com12 mercial service airports, and access control issues. 

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

15 the Advisory Committee for inclusion in the annual 

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

17 including recommendations, regarding improving pe18 rimeter security, exit lane security at commercial 

19 service airports, and access control procedures at com20 mercial service and general aviation airports. 

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

22 ‘‘(A) include members of the Advisory Com23 mittee with expertise in airport perimeter secu24 rity and access control issues; and 


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1 ‘‘(B) be co-chaired by a Government and in2 dustry official. 

3 ‘‘(g) RISK-BASED SUBCOMMITTEE.— 

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

5 shall establish within the Advisory Committee a risk6 based subcommittee to provide recommendations on 

7 passenger screening policies and cargo. 

8 ‘‘(2) MEETINGS AND REPORTING.—The sub9 committee shall meet at least quarterly and submit to 

10 the Advisory Committee for inclusion in the annual 

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

12 including recommendations, regarding the Transpor13 tation Security Administration’s risk-based security 

14 programs. 

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

16 ‘‘(A) include members of the Advisory Com17 mittee with expertise in passenger advocacy and 

18 airport security operations; and 

19 ‘‘(B) be cochaired by a Government and in20 dustry official. 

21 ‘‘(h) SECURITY TECHNOLOGY SUBCOMMITTEE.— 

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

23 shall establish within the Advisory Committee a secu24 rity technology subcommittee to provide recommenda25 tions on security technology issues, including harmoVerDate Mar 15 2010 21:54 Dec 02, 2013 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1204.RH H1204

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1 nization of security technology standards and require2 ments. 

3 ‘‘(2) MEETINGS AND REPORTING.—The 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 security tech8 nology. Such submissions shall include recommenda9 tions to improve the Transportation Security Admin10 istration’s utilization of security technology and har11 monization of security technology standards and re12 quirements. All recommendations shall be in further13 ance of aviation security and technology neutral. 

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

15 ‘‘(A) include members of the Advisory Com16 mittee with expertise in checkpoint, baggage, and 

17 air cargo security technology; and 

18 ‘‘(B) be co-chaired by a Government and in19 dustry official. 

20 ‘‘(i) OTHER SUBCOMMITTEES.—The Assistant Sec21 retary, in consultation with the Advisory Committee, may 

22 establish within the Advisory Committee any other sub23 committee that the Assistant Secretary and Advisory Com24 mittee determine necessary. 


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1 ‘‘(j) SUBJECT MATTER EXPERTS.—Each subcommittee 

2 under this section shall include subject matter experts with 

3 relevant expertise who are appointed by the respective sub4 committee chairperson. 

5 ‘‘(k) NONAPPLICABILITY OF FACA.—The Federal Ad6 visory Committee Act (5 U.S.C. App.) shall not apply to 

7 the Advisory Committee and its subcommittees. 

8 ‘‘(l) DEFINITIONS.—In this section, the following defi9 nitions apply: 

10 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi11 sory Committee’ means the Aviation Security Advi12 sory Committee established under subsection (a). 

13 ‘‘(2) ASSISTANT SECRETARY.—The term ‘Assist14 ant Secretary’ means the Assistant Secretary of 

15 Homeland Security (Transportation Security Admin16 istration). 

17 ‘‘(3) PERIMETER SECURITY.—The term ‘perim18 eter security’— 

19 ‘‘(A) means procedures or systems to mon20 itor, secure, and prevent unauthorized access to 

21 an airport, including its airfield and terminal; 

22 and 

23 ‘‘(B) includes the fence area surrounding an 

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


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1 (b) CLERICAL AMENDMENT.—The analysis for sub2 chapter II of chapter 449 of title 49, United States Code, 

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

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


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Union Calendar No. 199 

113TH CONGRESS 

1ST SESSION H. R. 1204 

[Report No. 113–278] 

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 

DECEMBER 2, 2013 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK67QTVN1PROD with BILLS