[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.