[113th Congress Public Law 238]
[From the U.S. Government Printing Office]

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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. <<NOTE: Dec. 18, 2014 -  [H.R. 1204]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Aviation 
Security Stakeholder Participation Act of 2014.>> 
SECTION 1. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.

    This Act may be cited as the ``Aviation Security Stakeholder 
Participation Act of 2014''.

    (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. <<NOTE: 49 USC 44946.>> Aviation Security Advisory 

    ``(a) Establishment.--The Assistant Secretary shall establish within 
the Transportation Security Administration an aviation security advisory 
    ``(b) Duties.--
            ``(1) In general. <<NOTE: Consultation.>> --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 
            ``(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. <<NOTE: Publication. Public information.>> Not later than 
        6 months after the date

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        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. <<NOTE: Deadline. Notification. Action 
        plan.>> --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. <<NOTE: Deadline.>> --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) <<NOTE: Deadlines.>> 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.--

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                    ``(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 
                    ``(B) Public meetings.--At least 1 of the meetings 
                described in subparagraph (A) shall be open to the 
                    ``(C) Attendance. <<NOTE: Records.>> --The Advisory 
                Committee shall maintain a record of the persons present 
                at each meeting.
            ``(5) Member access to sensitive security 
        information. <<NOTE: Deadline. Determination.>> --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 
                    ``(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 
                    ``(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.

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            ``(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 
            ``(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 
    ``(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.''.

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    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
449 of title 49, United States Code, <<NOTE: 49 USC prec. 44901.>>  is 
amended by adding at the end the following new item:

``44946. Aviation Security Advisory Committee.''.

    Approved December 18, 2014.


HOUSE REPORTS: No. 113-278 (Comm. on Homeland Security).
SENATE REPORTS: No. 113-273 (Comm. on Commerce, Science, and 
Transportation) accompanying S. 1804.
                                                        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