[Congressional Record Volume 160, Number 149 (Tuesday, December 9, 2014)]
[Senate]
[Pages S6400-S6401]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT OF 2014

  Mr. REID. Mr. President, I ask unanimous consent that the commerce 
committee be discharged from further consideration of H.R. 1204 and the 
Senate proceed to its immediate consideration.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 1204) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the 
Rockefeller-Tester substitute amendment, which is at the desk, be 
agreed to, the bill, as amended, be read a third time and passed, and 
there be no intervening action or debate.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The amendment (No. 3977) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       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

[[Page S6401]]

     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.''.
  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 1204), as amended, was passed.

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