[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1204 Enrolled Bill (ENR)]
H.R.1204
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
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 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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.