[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1204 Engrossed in House (EH)]
113th CONGRESS
1st Session
H. R. 1204
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.''.
Passed the House of Representatives December 3, 2013.
Attest:
Clerk.
113th CONGRESS
1st Session
H. R. 1204
_______________________________________________________________________
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.