[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1204 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
December 9, 2014.
Resolved, That the bill from the House of Representatives (H.R.
1204) entitled ``An Act 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.'', do pass with the following
AMENDMENT:
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 2014''.
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 aviation security
advisory committee.
``(b) Duties.--
``(1) In general.--The Assistant Secretary shall consult
the Advisory Committee, as appropriate, 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 before 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. Not later than 6 months after the date that the
Secretary receives the annual report, the Secretary shall
publish a public version describing the Advisory Committee's
activities and such related matters as would be informative to
the public consistent with the policy of section 552(b) of
title 5.
``(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 the
recommendations, an action plan to implement any of the
recommendations with which the Assistant Secretary concurs, and
a justification for why any of the recommendations have been
rejected.
``(6) Congressional notification.--Not later than 30 days
after providing written feedback to the Advisory Committee
under paragraph (5), the Assistant Secretary shall notify the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security of the House of
Representatives on such feedback, and provide a briefing upon
request.
``(7) Report to congress.--Prior to briefing the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of Representatives
under 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 the Aviation Security
Stakeholder Participation Act of 2014, 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 34 member organizations. Each organization
shall be represented by 1 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, labor organizations representing
transportation security officers, aircraft
manufacturers, airport operators, airport construction
and maintenance contractors, labor organizations
representing employees of airport construction and
maintenance contractors, general aviation, privacy
organizations, the travel industry, airport-based
businesses (including minority-owned small businesses),
businesses that conduct security screening operations
at airports, aeronautical repair stations, passenger
advocacy groups, the aviation security technology
industry (including screening technology and
biometrics), victims of terrorist acts against
aviation, and law enforcement and security experts.
``(2) Term of office.--
``(A) Terms.--The term of each member of the
Advisory Committee shall be 2 years. A member of the
Advisory Committee may be reappointed.
``(B) 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.--
``(A) In general.--The Assistant Secretary shall
require the Advisory Committee to meet at least
semiannually and may convene additional meetings as
necessary.
``(B) Public meetings.--At least 1 of the meetings
described in subparagraph (A) shall be open to the
public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(5) Member access to sensitive security information.--Not
later than 60 days after the date of a member's appointment,
the Assistant Secretary shall determine if there is cause for
the member to be restricted from possessing sensitive security
information. Without such cause, and upon the member
voluntarily signing a non-disclosure agreement, the member may
be granted access to sensitive security information that is
relevant to the member's advisory duties. The member shall
protect the sensitive security information in accordance with
part 1520 of title 49, Code of Federal Regulations.
``(6) Chairperson.--A stakeholder representative on the
Advisory Committee who is elected by the appointed membership
of the Advisory Committee shall chair the Advisory Committee.
``(d) Subcommittees.--
``(1) Membership.--The Advisory Committee chairperson, in
coordination with the Assistant Secretary, may establish within
the Advisory Committee any subcommittee that the Assistant
Secretary and Advisory Committee determine to be necessary. The
Assistant Secretary and the Advisory Committee shall create
subcommittees to address aviation security issues, including
the following:
``(A) 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 mandates.
``(B) General aviation.--General aviation
facilities, general aviation aircraft, and helicopter
operations at general aviation and commercial service
airports.
``(C) Perimeter and access control.--
Recommendations on airport perimeter security, exit
lane security and technology at commercial service
airports, and access control issues.
``(D) Security technology.--Security technology
standards and requirements, including their
harmonization internationally, technology to screen
passengers, passenger baggage, carry-on baggage, and
cargo, and biometric technology.
``(2) Risk-based security.--All subcommittees established
by the Advisory Committee chairperson in coordination with the
Assistant Secretary shall consider risk-based security
approaches in the performance of their functions that weigh the
optimum balance of costs and benefits in transportation
security, including for passenger screening, baggage screening,
air cargo security policies, and general aviation security
matters.
``(3) 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 (b)(4)
information, including recommendations, regarding issues within
the subcommittee.
``(4) Subcommittee chairs.--Each subcommittee shall be co-
chaired by a Government official and an industry official.
``(e) Subject Matter Experts.--Each subcommittee under this section
shall include subject matter experts with relevant expertise who are
appointed by the respective subcommittee chairpersons.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee and its
subcommittees.
``(g) Definitions.--In this section:
``(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.--
``(A) In general.--The term `perimeter security'
means procedures or systems to monitor, secure, and
prevent unauthorized access to an airport, including
its airfield and terminal.
``(B) Inclusions.--The term `perimeter security'
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.''.
Attest:
Secretary.
113th CONGRESS
1st Session
H.R. 1204
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AMENDMENT