,,ii ,calendar ,no4 #eih #aacth         
,,congress  #b;d ,session  ,s4 #ahjd    
,report ,no4 #aac-bgc ,,in ,,the        
,,senate ,,of ,,the ,,united ,,states   
,december #aa1 #bjac,mr4 ,tester 7for   
himself and ,mr4 ,begich7 introduced the
 following bill2 which was read twice   
and referred to the ,committee on       
,commerce1 ,science1 and ,transportation
  ,november #ag1 #bjad,reported by ,mr4 
,rockefeller1 with an amendment,strike  
out all after the enacting clause and   
insert the part printed in italic  ,a   
,,bill  ,to amend title #di1 ,united    
,states ,code1 to direct the ,assistant 
,secretary of ,homeland ,security       
7,transportation ,security              
,administration7 to establish an        
,aviation ,security ,advisory           
,committee1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,aviation ,security ,stakeholder   
,participation ,act of #bjac4  #b4      
,aviation ,security ,advisory ,committee
  7a7 ,in general ,subchapter ,,ii of   

chapter #ddi of title #di1 ,united      
,states ,code1 is amended by adding at  
the end the following3  #ddidf4         
,aviation ,security ,advisory ,committee
  7a7 ,establishment ,the ,assistant    
,secretary shall establish within the   
,transportation ,security               
,administration an advisory committee to
 be known as the ,aviation ,security    
,advisory ,committee4  7b7 ,duties  7#a7
 ,in general ,the ,assistant ,secretary 
shall consult the ,advisory ,committee  
on aviation security matters1 including 
on the development1 refinement1 and     
implementation of policies1 programs1   
rulemaking1 and security directives     
pertaining to aviation security1 while  
adhering to sensitive security          
guidelines4  7#b7 ,recommendations  7,a7
 ,in general ,the ,advisory ,committee  
shall develop1 at the request of the    
,assistant ,secretary1 recommendations  
for improvements to aviation security4  
7,b7 ,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 ,secretary4  7#c7       
,periodic reports ,the ,advisory        
,committee shall periodically submit to 
the ,assistant ,secretary-- 7,a7 reports
 on matters identified by the ,assistant
 ,secretary2 and  7,b7 reports on other 
matters identified by a majority of the 
members of the ,advisory ,committee4    
7#d7 ,annual report ,the ,advisory      
,committee shall submit to the          
,assistant ,secretary an annual report  
providing information on the activities1
 findings1 and recommendations of the   
,advisory ,committee1 including its     
subcommittees1 for the preceding year4  
7#e7 ,feedback ,not later than #ij days 
after receiving recommendations         
transmitted by the ,advisory ,committee 
under paragraph 7#d71 the ,assistant    
,secretary shall respond in writing to  
the ,advisory ,committee with feedback  
on each of such recommendations1 an     

action plan to implement any of such    
recommendations with which the          
,assistant ,secretary concurs1 and a    
detailed justification for why any of   
such recommendations have been rejected4
  7#f7 ,congressional notification ,not 
later than #cj days after providing     
written feedback to the ,advisory       
,committee in accordance with paragraph 
7#e71 the ,assistant ,secretary shall   
brief the ,committee on ,homeland       
,security of the ,house of              
,representatives and the ,committee on  
,commerce1 ,science1 and ,transportation
 of the ,senate on such feedback4  7#g7 
,report to ,congress ,prior to briefing 
the ,committee on ,homeland ,security of
 the ,house of ,representatives and the 
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate in       
accordance with paragraph 7#f71 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 7#d74  7c7 ,membership  7#a7  
,appointment  7,a7 ,in general ,not     
later than #ahj days after the date of  
enactment of this section1 the          
,assistant ,secretary shall appoint the 
members of the ,advisory ,committee4    
7,b7 ,composition ,the membership of the
 ,advisory ,committee shall consist of  
individuals representing not more than  
#cd member organizations4 ,each         
organization shall be represented by one
 individual 7or the individual's        
designee74  7,c7 ,representation ,the   
membership of the ,advisory ,committee  
shall include representatives of air    
carriers1 all-cargo air transportation1 
indirect air carriers1 labor            
organizations representing air carrier  
employees1 aircraft manufacturers1      
airport operators1 airport construction 
and maintenance contractors1 labor      
organizations representing employees of 
airport construction and maintenance    
contractors1 general aviation1 privacy  

organizations1 the travel industry1     
airport-based businesses 7including     
minority-owned small businesses71       
businesses that conduct security        
operations at airports1 aeronautical    
repair stations1 passenger advocacy     
groups1 the aviation technology security
 industry 7including biometrics71       
victims of terrorist acts against       
aviation1 and law enforcement and       
security experts4  7#b7 ,removal ,the   
,assistant ,secretary may review the    
participation of a member of the        
,advisory ,committee and remove such    
member for cause at any time4  7#c7     
,prohibition on compensation ,the       
members of the ,advisory ,committee     
shall not receive pay1 allowances1 or   
benefits from the ,government by reason 
of their service on the ,advisory       
,committee4  7#d7 ,meetings ,the        
,assistant ,secretary shall require the 
,advisory ,committee to meet at least   
semiannually and may convene additional 
meetings as necessary4  7d7 ,air cargo  

security subcommittee  7#a7 ,in general 
,the ,assistant ,secretary shall        
establish within the ,advisory          
,committee an air cargo security        
subcommittee to provide recommendations 
on air cargo security issues1 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 mandates4  7#b7         
,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 7b77#d7
 information1 including recommendations1
 regarding air cargo security4 ,such    
submissions shall include               
recommendations to improve the          
,transportation ,security               
,administration's cargo security        
initiatives established to meet the     

requirements of section #ddija7;g74     
7#c7 ,membership ,the subcommittee      
shall-- 7,a7 include members of the     
,advisory ,committee with expertise in  
air cargo operations2 and  7,b7 be      
cochaired by a ,government and industry 
official4  7e7 ,general aviation        
security subcommittee  7#a7 ,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 facilities1 general    
aviation aircraft1 and helicopter       
operations at general aviation and      
commercial service airports4  7#b7      
,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 7b77#d7
 information1 including recommendations1
 regarding aviation security at general 
aviation airports4  7#c7 ,membership    

,the subcommittee shall-- 7,a7 include  
members of the ,advisory ,committee with
 expertise in general aviation2 and     
7,b7 be cochaired by a ,government and  
industry official4  7f7 ,perimeter      
security1 exit lane security1 and access
 control subcommittee  7#a7 ,in general 
,the ,assistant ,secretary shall        
establish within the ,advisory          
,committee an airport perimeter         
security1 exit lane security1 and access
 control subcommittee to provide        
recommendations on airport perimeter    
security1 exit lane security at         
commercial service airports1 and access 
control issues4  7#b7 ,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 7b77#d7 information1         
including recommendations1 regarding    
improving perimeter security1 exit lane 
security at commercial service airports1
 and access control procedures at       

commercial service and general aviation 
airports4  7#c7 ,membership ,the        
subcommittee shall-- 7,a7 include       
members of the ,advisory ,committee with
 expertise in airport perimeter security
 and access control issues2 and  7,b7 be
 co-chaired by a ,government and        
industry official4  7g7 ,risk-,based    
subcommittee  7#a7 ,in general ,the     
,assistant ,secretary shall establish   
within the ,advisory ,committee a       
risk-based subcommittee to provide      
recommendations on passenger screening  
policies and cargo4  7#b7 ,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 7b77#d7 information1         
including recommendations1 regarding the
 ,transportation ,security              
,administration's risk-based security   
programs4  7#c7 ,membership ,the        
subcommittee shall-- 7,a7 include       
members of the ,advisory ,committee with

 expertise in passenger advocacy and    
airport security operations2 and  7,b7  
be cochaired by a ,government and       
industry official4  7h7 ,security       
technology subcommittee  7#a7 ,in       
general ,the ,assistant ,secretary shall
 establish within the ,advisory         
,committee a security technology        
subcommittee to provide recommendations 
on security technology issues1 including
 harmonization of security technology   
standards and requirements4  7#b7       
,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 7b77#d7
 information1 including recommendations1
 regarding security technology4 ,such   
submissions shall include               
recommendations to improve the          
,transportation ,security               
,administration's utilization of        
security technology and harmonization of
 security technology standards and      

requirements4 ,all recommendations shall
 be in furtherance of aviation security 
and technology neutral4  7#c7           
,membership ,the subcommittee shall--   
7,a7 include members of the ,advisory   
,committee with expertise in checkpoint1
 baggage1 and air cargo security        
technology2 and  7,b7 be co-chaired by a
 ,government and industry official4  7i7
 ,other subcommittees ,the ,assistant   
,secretary1 in consultation with the    
,advisory ,committee1 may establish     
within the ,advisory ,committee any     
other subcommittee that the ,assistant  
,secretary and ,advisory ,committee     
determine necessary4  7j7 ,subject      
matter experts ,each subcommittee under 
this section shall include subject      
matter experts with relevant expertise  
who are appointed by the respective     
subcommittee chairperson4  7k7          
,nonapplicability of ,,faca ,the        
,federal ,advisory ,committee ,act 7#e  
,u4,s4,c4 ,app47 shall not apply to the 
,advisory ,committee and its            

subcommittees4  7l7 ,definitions ,in    
this section3 7#a7 ,advisory ,committee 
,the term ,advisory ,committee means the
 ,aviation ,security ,advisory          
,committee established under subsection 
7a74  7#b7 ,assistant ,secretary ,the   
term ,assistant ,secretary means the    
,assistant ,secretary of ,homeland      
,security 7,transportation ,security    
,administration74  7#c7 ,perimeter      
security ,the term perimeter security-- 
7,a7 means procedures or systems to     
monitor1 secure1 and prevent            
unauthorized access to an airport1      
including its airfield and terminal2 and
  7,b7 includes the fence area          
surrounding an airport1 access gates1   
and access controls4  4  7b7 ,clerical  
amendment ,the analysis for subchapter  
,,ii of chapter #ddi of title #di1      
,united ,states ,code1 is amended by    
adding at the end the following new     
item3  #ddidf4 ,aviation ,security      
,advisory ,committee4  4  #a4 ,short    
title ,this ,act may be cited as the    

,aviation ,security ,stakeholder        
,participation ,act of #bjad4  #b4      
,aviation ,security ,advisory ,committee
  7a7 ,in general ,subchapter ,,ii of   
chapter #ddi of title #di1 ,united      
,states ,code1 is amended by adding at  
the end the following3  #ddidf4         
,aviation ,security ,advisory ,committee
  7a7 ,establishment ,the ,assistant    
,secretary shall establish within the   
,transportation ,security               
,administration an aviation security    
advisory committee4  7b7 ,duties  7#a7  
,in general ,the ,assistant ,secretary  
shall consult the ,advisory ,committee1 
as appropriate1 on aviation security    
matters1 including on the development1  
refinement1 and implementation of       
policies1 programs1 rulemaking1 and     
security directives pertaining to       
aviation security1 while adhering to    
sensitive security guidelines4  7#b7    
,recommendations  7,a7 ,in general ,the 
,advisory ,committee shall develop1 at  
the request of the ,assistant           

,secretary1 recommendations for         
improvements to aviation security4  7,b7
 ,recommendations of subcommittees      
,recommendations agreed upon by the     
subcommittees established under this    
section shall be approved by the        
,advisory ,committee before transmission
 to the ,assistant ,secretary4  7#c7    
,periodic reports ,the ,advisory        
,committee shall periodically submit to 
the ,assistant ,secretary-- 7,a7 reports
 on matters identified by the ,assistant
 ,secretary2 and  7,b7 reports on other 
matters identified by a majority of the 
members of the ,advisory ,committee4    
7#d7 ,annual report ,the ,advisory      
,committee shall submit to the          
,assistant ,secretary an annual report  
providing information on the activities1
 findings1 and recommendations of the   
,advisory ,committee1 including its     
subcommittees1 for the preceding year4  
7#e7 ,feedback ,not later than #ij days 
after receiving recommendations         
transmitted by the ,advisory ,committee 

under paragraph 7#d71 the ,assistant    
,secretary shall respond in writing to  
the ,advisory ,committee with feedback  
on each of the recommendations1 an      
action plan to implement any of the     
recommendations with which the          
,assistant ,secretary concurs1 and a    
justification for why any of the        
recommendations have been rejected4     
7#f7 ,congressional notification ,not   
later than #cj days after providing     
written feedback to the ,advisory       
,committee under paragraph 7#e71 the    
,assistant ,secretary shall notify the  
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate and the  
,committee on ,homeland ,security of the
 ,house of ,representatives on such     
feedback1 and provide a briefing upon   
request4  7#g7 ,report to ,congress     
,prior to briefing the ,committee on    
,commerce1 ,science1 and ,transportation
 of the ,senate and the ,committee on   
,homeland ,security of the ,house of    
,representatives under paragraph 7#f71  

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 7#d74  7c7 ,membership  7#a7  
,appointment  7,a7 ,in general ,not     
later than #ahj days after the date of  
enactment of the ,aviation ,security    
,stakeholder ,participation ,act of     
#bjad1 the ,assistant ,secretary shall  
appoint the members of the ,advisory    
,committee4  7,b7 ,composition ,the     
membership of the ,advisory ,committee  
shall consist of individuals            
representing not more than #cd member   
organizations4 ,each organization shall 
be represented by #a individual 7or the 
individual's designee74  7,c7           
,representation ,the membership of the  
,advisory ,committee shall include      
representatives of air carriers1        
all-cargo air transportation1 indirect  
air carriers1 labor organizations       
representing air carrier employees1     

labor organizations representing        
transportation security officers1       
aircraft manufacturers1 airport         
operators1 airport construction and     
maintenance contractors1 labor          
organizations representing employees of 
airport construction and maintenance    
contractors1 general aviation1 privacy  
organizations1 the travel industry1     
airport-based businesses 7including     
minority-owned small businesses71       
businesses that conduct security        
operations at airports1 aeronautical    
repair stations1 passenger advocacy     
groups1 the aviation security technology
 industry 7including screening          
technology and biometrics71 victims of  
terrorist acts against aviation1 and law
 enforcement and security experts4  7#b7
 ,removal ,the ,assistant ,secretary may
 review the participation of a member of
 the ,advisory ,committee and remove    
such member for cause at any time4  7#c7
 ,prohibition on compensation ,the      
members of the ,advisory ,committee     

shall not receive pay1 allowances1 or   
benefits from the ,government by reason 
of their service on the ,advisory       
,committee4  7#d7 ,meetings ,the        
,assistant ,secretary shall require the 
,advisory ,committee to meet at least   
semiannually and may convene additional 
meetings as necessary4  7#e7 ,member    
access to sensitive security information
 ,not later than #fj days after the date
 of a member's appointment1 the         
,assistant ,secretary shall determine if
 there is cause for the member to be    
restricted from possessing ,sensitive   
,security ,information4 ,without such   
cause1 and upon the member voluntarily  
signing a non-disclosure agreement1 the 
member may be granted access to         
,sensitive ,security ,information that  
is relevant to the member's advisory    
duties4 ,the member shall protect the   
,sensitive ,security ,information       
according to part #aebj of title #di of 
the ,code of ,federal ,regulations4     
7#f7 ,chairperson ,a stakeholder        

representative on the ,advisory         
,committee who is elected by the        
appointed membership of the ,advisory   
,committee shall chair the ,advisory    
,committee4  7d7 ,subcommittees  7#a7   
,membership ,the ,advisory ,committee   
chairperson1 in coordination with the   
,assistant ,secretary1 may establish    
within the ,advisory ,committee any     
subcommittee that the ,assistant        
,secretary and ,advisory ,committee     
determine to be necessary4 ,the         
,assistant ,secretary and the ,advisory 
,committee shall create subcommittees to
 address aviation security issues1      
including the following3 7,a7 ,air cargo
 security ,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 mandates4  7,b7 ,general
 aviation ,general aviation facilities1 
general aviation aircraft1 and          

helicopter operations at general        
aviation and commercial service         
airports4  7,c7 ,perimeter and access   
control ,recommendations on airport     
perimeter security1 exit lane security  
and technology at commercial service    
airports1 and access control issues4    
7,d7 ,security technology ,security     
technology standards and requirements1  
including their harmonization           
internationally2 technology to screen   
passengers1 passenger baggage1 carry-on 
baggage1 and cargo2 and biometric       
technology4  7#b7 ,risk-based security  
,all subcommittees established by the   
,advisory ,committee co-chairs shall    
consider risk-based security approaches 
in the performance of their functions   
that weigh optimum balance of costs and 
benefits in transportation security1    
including for passenger screening1      
baggage screening1 air cargo security   
policies1 and general aviation security 
matters4  7#c7 ,meetings and reporting  
,each subcommittee shall meet at least  

quarterly and submit to the ,advisory   
,committee for inclusion in the annual  
report required under subsection 7b77#d7
 information1 including recommendations1
 regarding issues within the            
subcommittee4  7#d7 ,subcommittee chairs
 ,each subcommittee shall be co-chaired 
by a ,government and an industry        
official4  7e7 ,subject matter experts  
,each subcommittee under this section   
shall include subject matter experts    
with relevant expertise who are         
appointed by the respective subcommittee
 chairperson4  7f7 ,nonapplicability of 
,,faca ,the ,federal ,advisory          
,committee ,act 7#e ,u4,s4,c4 ,app47    
shall not apply to the ,advisory        
,committee and its subcommittees4  7g7  
,definitions ,in this section3 7#a7     
,advisory ,committee ,the term ,advisory
 ,committee means the aviation security 
advisory committee established under    
subsection 7a74  7#b7 ,assistant        
,secretary ,the term ,assistant         
,secretary means the ,assistant         

,secretary of ,homeland ,security       
7,transportation ,security              
,administration74  7#c7 ,perimeter      
security  7,a7 ,in general ,the term    
perimeter security means procedures or  
systems to monitor1 secure1 and prevent 
unauthorized access to an airport1      
including its airfield and terminal4    
7,b7 ,inclusions ,the term perimeter    
security includes the fence area        
surrounding an airport1 access gates1   
and access controls4  4  7b7 ,clerical  
amendment ,the analysis for subchapter  
,,ii of chapter #ddi of title #di1      
,united ,states ,code1 is amended by    
adding at the end the following new     
item3  #ddidf4 ,aviation ,security      
,advisory ,committee4  4  ,november #ag1
 #bjad,reported with an amendment