    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-238
    113th Congress

    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

    [[Page 2843]]

    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.--

    [[Page 2844]]

    ``(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.

    [[Page 2845]]

    ``(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.''.

    [[Page 2846]]

    (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.''.

    Approved December 18, 2014.

    LEGISLATIVE HISTORY--H.R. 1204 (S. 1804):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-278 (Comm. on Homeland Security).
    SENATE REPORTS: No. 113-273 (Comm. on Commerce, Science, and
    Transportation) accompanying S. 1804.
    CONGRESSIONAL RECORD:
    Vol. 159 (2013):
    Dec. 3, considered and passed House.
    Vol. 160 (2014):
    Dec. 9, considered and passed
    Senate, amended.
    Dec. 10, House concurred in Senate
    amendment.