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

                                                       Calendar No. 598
113th CONGRESS
  2d Session
                                S. 1804

                          [Report No. 113-273]

    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

                           November 17, 2014

             Reported by Mr. Rockefeller, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Aviation Security 
Stakeholder Participation Act of 2013''.</DELETED>

<DELETED>SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.</DELETED>

<DELETED>    (a) In General.--Subchapter II of chapter 449 of title 49, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 44946. Aviation Security Advisory Committee</DELETED>
<DELETED>    ``(a) Establishment.--The Assistant Secretary shall 
establish within the Transportation Security Administration an advisory 
committee to be known as the `Aviation Security Advisory 
Committee'.</DELETED>
<DELETED>    ``(b) Duties.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Recommendations.--</DELETED>
                <DELETED>    ``(A) In general.--The Advisory Committee 
                shall develop, at the request of the Assistant 
                Secretary, recommendations for improvements to aviation 
                security.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Periodic reports.--The Advisory Committee 
        shall periodically submit to the Assistant Secretary--
        </DELETED>
                <DELETED>    ``(A) reports on matters identified by the 
                Assistant Secretary; and</DELETED>
                <DELETED>    ``(B) reports on other matters identified 
                by a majority of the members of the Advisory 
                Committee.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Membership.--</DELETED>
        <DELETED>    ``(1) Appointment.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Meetings.--The Assistant Secretary shall 
        require the Advisory Committee to meet at least semiannually 
        and may convene additional meetings as necessary.</DELETED>
<DELETED>    ``(d) Air Cargo Security Subcommittee.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Membership.--The subcommittee shall--
        </DELETED>
                <DELETED>    ``(A) include members of the Advisory 
                Committee with expertise in air cargo operations; 
                and</DELETED>
                <DELETED>    ``(B) be cochaired by a Government and 
                industry official.</DELETED>
<DELETED>    ``(e) General Aviation Security Subcommittee.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Membership.--The subcommittee shall--
        </DELETED>
                <DELETED>    ``(A) include members of the Advisory 
                Committee with expertise in general aviation; 
                and</DELETED>
                <DELETED>    ``(B) be cochaired by a Government and 
                industry official.</DELETED>
<DELETED>    ``(f) Perimeter Security, Exit Lane Security, and Access 
Control Subcommittee.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Membership.--The subcommittee shall--
        </DELETED>
                <DELETED>    ``(A) include members of the Advisory 
                Committee with expertise in airport perimeter security 
                and access control issues; and</DELETED>
                <DELETED>    ``(B) be co-chaired by a Government and 
                industry official.</DELETED>
<DELETED>    ``(g) Risk-Based Subcommittee.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Membership.--The subcommittee shall--
        </DELETED>
                <DELETED>    ``(A) include members of the Advisory 
                Committee with expertise in passenger advocacy and 
                airport security operations; and</DELETED>
                <DELETED>    ``(B) be cochaired by a Government and 
                industry official.</DELETED>
<DELETED>    ``(h) Security Technology Subcommittee.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Membership.--The subcommittee shall--
        </DELETED>
                <DELETED>    ``(A) include members of the Advisory 
                Committee with expertise in checkpoint, baggage, and 
                air cargo security technology; and</DELETED>
                <DELETED>    ``(B) be co-chaired by a Government and 
                industry official.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(k) Nonapplicability of FACA.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee 
and its subcommittees.</DELETED>
<DELETED>    ``(l) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Advisory committee.--The term `Advisory 
        Committee' means the Aviation Security Advisory Committee 
        established under subsection (a).</DELETED>
        <DELETED>    ``(2) Assistant secretary.--The term `Assistant 
        Secretary' means the Assistant Secretary of Homeland Security 
        (Transportation Security Administration).</DELETED>
        <DELETED>    ``(3) Perimeter security.--The term `perimeter 
        security'--</DELETED>
                <DELETED>    ``(A) means procedures or systems to 
                monitor, secure, and prevent unauthorized access to an 
                airport, including its airfield and terminal; 
                and</DELETED>
                <DELETED>    ``(B) includes the fence area surrounding 
                an airport, access gates, and access 
                controls.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``44946. Aviation Security Advisory Committee.''.

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.
            ``(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 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) 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.
            ``(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 according to part 
        1520 of title 49 of the 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 co-chairs shall consider risk-based 
        security approaches in the performance of their functions that 
        weigh 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 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 chairperson.
    ``(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.''.
                                                       Calendar No. 598

113th CONGRESS

  2d Session

                                S. 1804

                          [Report No. 113-273]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 17, 2014

                       Reported with an amendment