[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.
____________________