[House Report 113-278]
[From the U.S. Government Publishing Office]


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
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:

``Sec. 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).
                  ``(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.
          ``(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 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-the-ground 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.
    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.
    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.''.

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.
    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.

                       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 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




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SUBTITLE VII--AVIATION PROGRAMS

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PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


SUBPART III--SAFETY

           *       *       *       *       *       *       *


                         CHAPTER 449--SECURITY


                       SUBCHAPTER I--REQUIREMENTS

Sec.
44901. Screening passengers and property.
     * * * * * * *

               SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

     * * * * * * *
44946. Aviation Security Advisory Committee.

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SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

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Sec. 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).
                  (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.
          (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.

           *       *       *       *       *       *       *


                            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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