[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

_______________________________________________________________________

                               AMENDMENT