[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1804 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1804

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2013

Mr. Tester (for himself and Mr. Begich) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    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 34 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, 
                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 
                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:
            ``(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.''.
                                 <all>