[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1804 Reported in Senate (RS)]
Calendar No. 598
113th CONGRESS
2d Session
S. 1804
[Report No. 113-273]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2013
Mr. Tester (for himself and Mr. Begich) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
November 17, 2014
Reported by Mr. Rockefeller, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Aviation Security
Stakeholder Participation Act of 2013''.</DELETED>
<DELETED>SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.</DELETED>
<DELETED> (a) In General.--Subchapter II of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 44946. Aviation Security Advisory Committee</DELETED>
<DELETED> ``(a) Establishment.--The Assistant Secretary shall
establish within the Transportation Security Administration an advisory
committee to be known as the `Aviation Security Advisory
Committee'.</DELETED>
<DELETED> ``(b) Duties.--</DELETED>
<DELETED> ``(1) In general.--The Assistant Secretary shall
consult the Advisory Committee 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.</DELETED>
<DELETED> ``(2) Recommendations.--</DELETED>
<DELETED> ``(A) In general.--The Advisory Committee
shall develop, at the request of the Assistant
Secretary, recommendations for improvements to aviation
security.</DELETED>
<DELETED> ``(B) Recommendations of subcommittees.--
Recommendations agreed upon by the subcommittees
established under this section shall be approved by the
Advisory Committee for transmission to the Assistant
Secretary.</DELETED>
<DELETED> ``(3) Periodic reports.--The Advisory Committee
shall periodically submit to the Assistant Secretary--
</DELETED>
<DELETED> ``(A) reports on matters identified by the
Assistant Secretary; and</DELETED>
<DELETED> ``(B) reports on other matters identified
by a majority of the members of the Advisory
Committee.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 such
recommendations, an action plan to implement any of such
recommendations with which the Assistant Secretary concurs, and
a detailed justification for why any of such recommendations
have been rejected.</DELETED>
<DELETED> ``(6) Congressional notification.--Not later than
30 days after providing written feedback to the Advisory
Committee in accordance with paragraph (5), the Assistant
Secretary shall brief the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on such
feedback.</DELETED>
<DELETED> ``(7) Report to congress.--Prior to briefing the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate in accordance with 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).</DELETED>
<DELETED> ``(c) Membership.--</DELETED>
<DELETED> ``(1) Appointment.--</DELETED>
<DELETED> ``(A) In general.--Not later than 180 days
after the date of enactment of this section, the
Assistant Secretary shall appoint the members of the
Advisory Committee.</DELETED>
<DELETED> ``(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 one
individual (or the individual's designee).</DELETED>
<DELETED> ``(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, 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 operations at airports, aeronautical repair
stations, passenger advocacy groups, the aviation
technology security industry (including biometrics),
victims of terrorist acts against aviation, and law
enforcement and security experts.</DELETED>
<DELETED> ``(2) Removal.--The Assistant Secretary may review
the participation of a member of the Advisory Committee and
remove such member for cause at any time.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Meetings.--The Assistant Secretary shall
require the Advisory Committee to meet at least semiannually
and may convene additional meetings as necessary.</DELETED>
<DELETED> ``(d) Air Cargo Security Subcommittee.--</DELETED>
<DELETED> ``(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee an air cargo security
subcommittee to provide recommendations on air cargo security
issues, including 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.</DELETED>
<DELETED> ``(2) Meetings and reporting.--The 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 air cargo security. Such submissions shall include
recommendations to improve the Transportation Security
Administration's cargo security initiatives established to meet
the requirements of section 44901(g).</DELETED>
<DELETED> ``(3) Membership.--The subcommittee shall--
</DELETED>
<DELETED> ``(A) include members of the Advisory
Committee with expertise in air cargo operations;
and</DELETED>
<DELETED> ``(B) be cochaired by a Government and
industry official.</DELETED>
<DELETED> ``(e) General Aviation Security Subcommittee.--</DELETED>
<DELETED> ``(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee a general aviation
subcommittee to provide recommendations on transportation
security issues for general aviation facilities, general
aviation aircraft, and helicopter operations at general
aviation and commercial service airports.</DELETED>
<DELETED> ``(2) Meetings and reporting.--The 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 aviation security at general aviation
airports.</DELETED>
<DELETED> ``(3) Membership.--The subcommittee shall--
</DELETED>
<DELETED> ``(A) include members of the Advisory
Committee with expertise in general aviation;
and</DELETED>
<DELETED> ``(B) be cochaired by a Government and
industry official.</DELETED>
<DELETED> ``(f) Perimeter Security, Exit Lane Security, and Access
Control Subcommittee.--</DELETED>
<DELETED> ``(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee an airport perimeter
security, exit lane security, and access control subcommittee
to provide recommendations on airport perimeter security, exit
lane security at commercial service airports, and access
control issues.</DELETED>
<DELETED> ``(2) Meetings and reporting.--The 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 improving perimeter security, exit lane security at
commercial service airports, and access control procedures at
commercial service and general aviation airports.</DELETED>
<DELETED> ``(3) Membership.--The subcommittee shall--
</DELETED>
<DELETED> ``(A) include members of the Advisory
Committee with expertise in airport perimeter security
and access control issues; and</DELETED>
<DELETED> ``(B) be co-chaired by a Government and
industry official.</DELETED>
<DELETED> ``(g) Risk-Based Subcommittee.--</DELETED>
<DELETED> ``(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee a risk-based
subcommittee to provide recommendations on passenger screening
policies and cargo.</DELETED>
<DELETED> ``(2) Meetings and reporting.--The 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 the Transportation Security Administration's risk-
based security programs.</DELETED>
<DELETED> ``(3) Membership.--The subcommittee shall--
</DELETED>
<DELETED> ``(A) include members of the Advisory
Committee with expertise in passenger advocacy and
airport security operations; and</DELETED>
<DELETED> ``(B) be cochaired by a Government and
industry official.</DELETED>
<DELETED> ``(h) Security Technology Subcommittee.--</DELETED>
<DELETED> ``(1) In general.--The Assistant Secretary shall
establish within the Advisory Committee a security technology
subcommittee to provide recommendations on security technology
issues, including harmonization of security technology
standards and requirements.</DELETED>
<DELETED> ``(2) Meetings and reporting.--The 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 security technology. Such submissions shall include
recommendations to improve the Transportation Security
Administration's utilization of security technology and
harmonization of security technology standards and
requirements. All recommendations shall be in furtherance of
aviation security and technology neutral.</DELETED>
<DELETED> ``(3) Membership.--The subcommittee shall--
</DELETED>
<DELETED> ``(A) include members of the Advisory
Committee with expertise in checkpoint, baggage, and
air cargo security technology; and</DELETED>
<DELETED> ``(B) be co-chaired by a Government and
industry official.</DELETED>
<DELETED> ``(i) Other Subcommittees.--The Assistant Secretary, in
consultation with the Advisory Committee, may establish within the
Advisory Committee any other subcommittee that the Assistant Secretary
and Advisory Committee determine necessary.</DELETED>
<DELETED> ``(j) Subject Matter Experts.--Each subcommittee under
this section shall include subject matter experts with relevant
expertise who are appointed by the respective subcommittee
chairperson.</DELETED>
<DELETED> ``(k) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee
and its subcommittees.</DELETED>
<DELETED> ``(l) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Advisory committee.--The term `Advisory
Committee' means the Aviation Security Advisory Committee
established under subsection (a).</DELETED>
<DELETED> ``(2) Assistant secretary.--The term `Assistant
Secretary' means the Assistant Secretary of Homeland Security
(Transportation Security Administration).</DELETED>
<DELETED> ``(3) Perimeter security.--The term `perimeter
security'--</DELETED>
<DELETED> ``(A) means procedures or systems to
monitor, secure, and prevent unauthorized access to an
airport, including its airfield and terminal;
and</DELETED>
<DELETED> ``(B) includes the fence area surrounding
an airport, access gates, and access
controls.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``44946. Aviation Security Advisory Committee.''.
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.
``(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 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) 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.--The Assistant Secretary shall require the
Advisory Committee to meet at least semiannually and may
convene additional meetings as necessary.
``(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 according to part
1520 of title 49 of the 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 co-chairs shall consider risk-based
security approaches in the performance of their functions that
weigh 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 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 chairperson.
``(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.''.
Calendar No. 598
113th CONGRESS
2d Session
S. 1804
[Report No. 113-273]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
November 17, 2014
Reported with an amendment