49 U.S.C. § 30101 (2024) — Title 49: TRANSPORTATION / Chapter 301 / Subchapter I / Section 30101: Purpose and policy
Purpose and policy
Status: in_force

The purpose of this chapter is to reduce traffic accidents and deaths and injuries resulting from traffic accidents. Therefore it is necessary—

(1) to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce; and

(2) to carry out needed safety research and development.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 941.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30101
15:1381.
Sept. 9, 1966, Pub. L. 89–563, §1, 80 Stat. 718.

The words "Congress hereby declares that", "to persons", and "Congress determines that" are omitted as surplus. The words "motor vehicle" before "equipment" are added for consistency. The words "and to expand the national driver register" are omitted because section 401 of the National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), the only section in this law related to the national driver register, was superseded by the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1740).

Statutory Notes and Related Subsidiaries

Short Title of 2024 Amendment

Pub. L. 118–156, §1, Dec. 17, 2024, 138 Stat. 1716, provided that: "This Act [amending sections 31309 and 31311 of this title] may be cited as the 'Strengthening the Commercial Driver's License Information System Act'."

Short Title of 2020 Amendment

Pub. L. 116–260, div. N, title IV, §440, Dec. 27, 2020, 134 Stat. 2068, provided that: "This subtitle [subtitle C (§§440, 441) of title IV of div. N of Pub. L. 116–260, enacting provisions set out as a note under section 31102 of this title] may be cited as the 'Motor Carrier Safety Grant Relief Act of 2020'."

Pub. L. 116–260, div. U, title X, §1001(a), Dec. 27, 2020, 134 Stat. 2304, provided that: "This title [enacting provisions set out as a note under section 30301 of this title and amending provisions set out as a note under section 30301 of this title] may be cited as the 'REAL ID Modernization Act'."

Short Title of 2018 Amendment

Pub. L. 115–323, §1, Dec. 17, 2018, 132 Stat. 4443, provided that: "This Act [amending provisions set out as a note under section 30301 of this title] may be cited as the 'REAL ID Act Modification for Freely Associated States Act'."

Pub. L. 115–106, §1, Jan. 8, 2018, 131 Stat. 2265, provided that: "This Act [amending section 31310 of this title] may be cited as the 'No Human Trafficking on Our Roads Act'."

Pub. L. 115–105, §1, Jan. 8, 2018, 131 Stat. 2263, provided that: "This Act [amending section 31305 of this title and enacting and amending provisions set out as notes under section 31149 of this title] may be cited as the 'Jobs for Our Heroes Act'."

Pub. L. 115–99, §1, Jan. 3, 2018, 131 Stat. 2242, provided that: "This Act [amending sections 31110 and 31313 of this title and enacting provisions set out as a note under section 102 of this title] may be cited as the 'Combating Human Trafficking in Commercial Vehicles Act'."

Short Title of 2015 Amendment

Pub. L. 114–94, div. B, title XXIV, §24109(a), Dec. 4, 2015, 129 Stat. 1706, provided that: "This section [amending sections 30102, 30120, 30122, and 30166 of this title and enacting provisions set out as notes under section 30102 of this title] may be cited as the 'Raechel and Jacqueline Houck Safe Rental Car Act of 2015'."

Pub. L. 114–94, div. B, title XXIV, §24321, Dec. 4, 2015, 129 Stat. 1713, provided that: "This part [part II (§§24321, 24322) of subtitle C of title XXIV of div. B of Pub. L. 114–94, amending section 32302 of this title] may be cited as the 'Safety Through Informed Consumers Act of 2015'."

Pub. L. 114–94, div. B, title XXIV, §24331, Dec. 4, 2015, 129 Stat. 1713, provided that: "This part [part III (§§24331–24335) of subtitle C of title XXIV of div. B of Pub. L. 114–94, amending sections 30117 and 32304A of this title and enacting provisions set out as a note under section 30119 of this title] may be cited as the 'Tire Efficiency, Safety, and Registration Act of 2015' or the 'TESR Act'."

Pub. L. 114–94, div. B, title XXIV, §24351, Dec. 4, 2015, 129 Stat. 1716, provided that: "This part [part V (§§24351, 24352) of subtitle C of title XXIV of div. B of Pub. L. 114–94, enacting section 30172 of this title and provisions set out as a note under section 30172 of this title] may be cited as the 'Motor Vehicle Safety Whistleblower Act'."

Short Title of 2012 Amendment

Pub. L. 112–196, §1, Oct. 19, 2012, 126 Stat. 1459, provided that: "This Act [amending section 31311 of this title] may be cited as the 'Military Commercial Driver's License Act of 2012'."

Pub. L. 112–141, div. C, title II, §32001, July 6, 2012, 126 Stat. 776, provided that "This title [see Tables for classification] may be cited as the 'Commercial Motor Vehicle Safety Enhancement Act of 2012'."

Pub. L. 112–141, div. C, title II, §32401, July 6, 2012, 126 Stat. 795, provided that "This subtitle [subtitle D (§§32401, 32402) of title II of div. C of Pub. L. 112–141, enacting section 31306a of this title and amending section 31306 of this title] may be cited as the 'Safe Roads Act of 2012'."

Short Title of 2007 Amendment

Pub. L. 110–140, title I, §101, Dec. 19, 2007, 121 Stat. 1498, provided that: "This subtitle [subtitle A (§§101–113) of title I of Pub. L. 110–140, enacting section 32304A of this title, amending sections 32308, 32901 to 32904, 32905, 32906, 32908, and 32912 of this title, and enacting provisions set out as notes under sections 32902, 32904, and 32908 of this title] may be cited as the 'Ten-in-Ten Fuel Economy Act'."

Short Title of 2005 Amendment

Pub. L. 109–59, title IV, §4001, Aug. 10, 2005, 119 Stat. 1714, provided that: "This title [see Tables for classification] may be cited as the 'Motor Carrier Safety Reauthorization Act of 2005'."

Short Title of 2000 Amendment

Pub. L. 106–414, §1, Nov. 1, 2000, 114 Stat. 1800, provided that: "This Act [enacting section 30170 of this title, amending sections 30115, 30117, 30118, 30120, 30165, and 30166 of this title, and enacting provisions set out as notes under sections 30111, 30115, 30118, 30123, and 30127 of this title] may be cited as the 'Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act'."

Short Title of 1998 Amendment

Pub. L. 105–178, title VII, §7101, June 9, 1998, 112 Stat. 465, provided that: "This subtitle [subtitle A (§§7101–7107) of title VII of Pub. L. 105–178, enacting section 30105 of this title, amending sections 30104, 30114, 30120, 30123, 30127, 32102, 32304, and 32705 of this title, and enacting provisions set out as notes under this section and sections 30114 and 30127 of this title] may be cited as the 'National Highway Traffic Safety Administration Reauthorization Act of 1998'."

Short Title of 1996 Amendment

Pub. L. 104–152, §1, July 2, 1996, 110 Stat. 1384, provided that: "This Act [amending sections 30501 to 30505 and 33109 of this title and enacting provisions set out as a note under section 30502 of this title] may be cited as the 'Anti-Car Theft Improvements Act of 1996'."

Global Harmonization

Pub. L. 117–58, div. B, title IV, §24211, Nov. 15, 2021, 135 Stat. 825, provided that: "The Secretary [of Transportation] shall cooperate, to the maximum extent practicable, with foreign governments, nongovernmental stakeholder groups, the motor vehicle industry, and consumer groups with respect to global harmonization of vehicle regulations as a means for improving motor vehicle safety."

Driver Privacy

Pub. L. 114–94, div. B, title XXIV, subtitle C, part I, Dec. 4, 2015, 129 Stat. 1712, provided that:

"SEC. 24301. SHORT TITLE.

"This part may be cited as the 'Driver Privacy Act of 2015'.

"SEC. 24302. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT DATA RECORDERS.

"(a) Ownership of Data.—Any data retained by an event data recorder (as defined in section 563.5 of title 49, Code of Federal Regulations), regardless of when the motor vehicle in which it is installed was manufactured, is the property of the owner, or, in the case of a leased vehicle, the lessee of the motor vehicle in which the event data recorder is installed.

"(b) Privacy.—Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than an owner or a lessee of the motor vehicle in which the event data recorder is installed unless—

"(1) a court or other judicial or administrative authority having jurisdiction—

"(A) authorizes the retrieval of the data; and

"(B) to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority;

"(2) an owner or a lessee of the motor vehicle provides written, electronic, or recorded audio consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle, or by agreeing to a subscription that describes how data will be retrieved and used;

"(3) the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data, except that the vehicle identification number may be disclosed to the certifying manufacturer;

"(4) the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or

"(5) the data is retrieved for traffic safety research, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data.

"SEC. 24303. VEHICLE EVENT DATA RECORDER STUDY.

"(a) In General.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Administrator of the National Highway Traffic Safety Administration shall submit to Congress a report that contains the results of a study conducted by the Administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes.

"(b) Rulemaking.—Not later than 2 years after submitting the report required under subsection (a), the Administrator of the National Highway Traffic Safety Administration shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles."

National Highway Traffic Safety Administration Outreach to Manufacturer, Dealer, and Mechanic Personnel

Pub. L. 112–141, div. C, title I, §31302, July 6, 2012, 126 Stat. 763, provided that: "The Secretary [of Transportation] shall publicize the means for contacting the National Highway Traffic Safety Administration in a manner that targets mechanics, passenger motor vehicle dealership personnel, and manufacturer personnel."

Side-Impact Crash Protection Rulemaking

Pub. L. 109–59, title X, §10302, Aug. 10, 2005, 119 Stat. 1940, provided that:

"(a) Rulemaking.—The Secretary [of Transportation] shall complete a rulemaking proceeding under chapter 301 of title 49, United States Code, to establish a standard designed to enhance passenger motor vehicle occupant protection, in all seating positions, in side impact crashes. The Secretary shall issue a final rule by July 1, 2008.

"(b) Deadlines.—If the Secretary determines that the deadline for a final rule under this section cannot be met, the Secretary shall—

"(1) notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce and explain why that deadline cannot be met; and

"(2) establish a new deadline."

Vehicle Backover Avoidance Technology Study; Nontraffic Incident Data Collection

Pub. L. 109–59, title X, §§10304, 10305, Aug. 10, 2005, 119 Stat. 1940, 1941, provided that:

"SEC. 10304. VEHICLE BACKOVER AVOIDANCE TECHNOLOGY STUDY.

"(a) In General.—The Administrator of the National Highway Traffic Safety Administration shall conduct a study of effective methods for reducing the incidence of injury and death outside of parked passenger motor vehicles with a gross vehicle weight rating of not more than 10,000 pounds attributable to movement of such vehicles. The Administrator shall complete the study within 1 year after the date of enactment of this Act [Aug. 10, 2005] and report its findings to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce not later than 15 months after the date of enactment of this Act.

"(b) Specific Issues To Be Covered.—The study required by subsection (a) shall—

"(1) include an analysis of backover prevention technology;

"(2) identify, evaluate, and compare the available technologies for detecting people or objects behind a motor vehicle with a gross vehicle weight rating of not more than 10,000 pounds for their accuracy, effectiveness, cost, and feasibility for installation; and

"(3) provide an estimate of cost savings that would result from widespread use of backover prevention devices and technologies in motor vehicles with a gross vehicle weight rating of not more than 10,000 pounds, including savings attributable to the prevention of—

"(A) injuries and fatalities; and

"(B) damage to bumpers and other motor vehicle parts and damage to other objects.

"SEC. 10305. NONTRAFFIC INCIDENT DATA COLLECTION.

"(a) In General.—In conjunction with the study required in section 10304, the National Highway Traffic Safety Administration shall establish a method to collect and maintain data on the number and types of injuries and deaths involving motor vehicles with a gross vehicle weight rating of not more than 10,000 pounds in non-traffic incidents.

"(b) Data Collection and Publication.—The Secretary of Transportation shall publish the data collected under subsection (a) no less frequently than biennially."

Study on Interior Device To Release Trunk Lid

Pub. L. 105–178, title VII, §7106(e), June 9, 1998, 112 Stat. 469, required the National Highway Traffic Safety Administration to conduct a study of the benefits to motor vehicle drivers of a regulation to require the installation in a motor vehicle of an interior device to release the trunk lid and to submit a report on the results of the study to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after June 9, 1998.

National Highway Traffic Safety Administration Authorization Act of 1991

Pub. L. 102–240, title II, part B, Dec. 18, 1991, 105 Stat. 2081, as amended by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, provided that:

"SEC. 2500. SHORT TITLE.

"This part may be cited as the 'National Highway Traffic Safety Administration Authorization Act of 1991'.

"[SEC. 2501. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.]

"SEC. 2502. GENERAL PROVISIONS.

"(a) Definitions.—As used in this part—

"(1) the term 'bus' means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons;

"(2) the term 'multipurpose passenger vehicle' means a motor vehicle with motive power (except a trailer), designed to carry 10 persons or fewer, which is constructed either on a truck chassis or with special features for occasional off-road operation;

"(3) the term 'passenger car' means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer), designed for carrying 10 persons or fewer;

"(4) the term 'truck' means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment; and

"(5) the term 'Secretary' means the Secretary of Transportation.

"(b) Procedure.—

"(1) In general.—Except as provided in paragraph (2), any action taken under section 2503 shall be taken in accordance with the applicable provisions of the National Traffic and Motor Vehicle Safety Act of 1966 ([formerly] 15 U.S.C. 1381 et seq.).

"(2) Specific procedure.—

"(A) Initiation.—To initiate an action under section 2503, the Secretary shall, not later than May 31, 1992, publish in the Federal Register an advance notice of proposed rulemaking or a notice of proposed rulemaking, except that if the Secretary is unable to publish such a notice by such date, the Secretary shall by such date publish in the Federal Register a notice that the Secretary will begin such action by a certain date which may not be later than January 31, 1993 and include in such notice the reasons for the delay. A notice of delayed action shall not be considered agency action subject to judicial review. If the Secretary publishes an advance notice of proposed rulemaking, the Secretary is not required to follow such notice with a notice of proposed rulemaking if the Secretary determines on the basis of such advanced notice and the comments received thereon that the contemplated action should not be taken under the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 ([formerly] 15 U.S.C. 1381 et seq.), including the provisions of section 103 of such Act ([formerly] 15 U.S.C. 1392), and if the Secretary publishes the reasons for such determination consistent with chapter 5 of title 5, United States Code.

"(B) Completion.—

"(i) Period.—Action under paragraphs (1) through (4) of section 2503 which was begun under subparagraph (A) shall be completed within 26 months of the date of publication of an advance notice of proposed rulemaking or 18 months of the date of publication of a notice of proposed rulemaking. The Secretary may extend for any reason the period for completion of a rulemaking initiated by the issuance of a notice of proposed rulemaking for not more than 6 months if the Secretary publishes the reasons for such extension. The extension of such period shall not be considered agency action subject to judicial review.

"(ii) Action.—A rulemaking under paragraphs (1) through (4) of section 2503 shall be considered completed when the Secretary promulgates a final rule or when the Secretary decides not to promulgate a rule (which decision may include deferral of the action or reinitiation of the action). The Secretary may not decide against promulgation of a final rule because of lack of time to complete rulemaking. Any such rulemaking actions shall be published in the Federal Register, together with the reasons for such decisions, consistent with chapter 5 of title 5, United States Code, and the National Traffic and Motor Vehicle Safety Act of 1966 [formerly 15 U.S.C. 1381 et seq.].

"(iii) Special rule.—

     "(I) Period.—Action under paragraph (5) of section 2503 which was begun under subparagraph (A) shall be completed within 24 months of the date of publication of an advance notice of proposed rulemaking or a notice of proposed rulemaking. If the Secretary determines that there is a need for delay and if the public comment period is closed, the Secretary may extend the date for completion for not more than 6 months and shall publish in the Federal Register a notice stating the reasons for the extension and setting a date certain for completion of the action. The extension of the completion date shall not be considered agency action subject to judicial review.

     "(II) Action.—A rulemaking under paragraph (5) of section 2503 shall be considered completed when the Secretary promulgates a final rule with standards on improved head injury protection.

"(C) Standard.—The Secretary may, as part of any action taken under section 2503, amend any motor vehicle safety standard or establish a new standard under the National Traffic and Motor Vehicle Safety Act of 1966 ([formerly] 15 U.S.C. 1381 et seq.).

"SEC. 2503. MATTERS BEFORE THE SECRETARY.

"The Secretary shall address the following matters in accordance with section 2502:

"(1) Protection against unreasonable risk of rollovers of passenger cars, multipurpose passenger vehicles, and trucks with a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less.

"(2) Extension of passenger car side impact protection to multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less.

"(3) Safety of child booster seats used in passenger cars and other appropriate motor vehicles.

"(4) Improved design for safety belts.

"(5) Improved head impact protection from interior components of passenger cars (i.e. roof rails, pillars, and front headers).

"[SECS. 2504, 2505. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.]

"SEC. 2506. REAR SEATBELTS.

"The Secretary shall expend such portion of the funds authorized to be appropriated under the Motor Vehicle Information and Cost Savings Act ([formerly] 15 U.S.C. 1901 et seq.), for fiscal year 1993, as the Secretary deems necessary for the purpose of disseminating information to consumers regarding the manner in which passenger cars may be retrofitted with lap and shoulder rear seatbelts.

"SEC. 2507. BRAKE PERFORMANCE STANDARDS FOR PASSENGER CARS.

"Not later than December 31, 1993, the Secretary, in accordance with the National Traffic and Motor Vehicle Safety Act of 1966 [formerly 15 U.S.C. 1381 et seq.], shall publish an advance notice of proposed rulemaking to consider the need for any additional brake performance standards for passenger cars, including antilock brake standards. The Secretary shall complete such rulemaking (in accordance with section 2502(b)(2)(B)(ii)) not later than 36 months from the date of initiation of such advance notice of proposed rulemaking. In order to facilitate and encourage innovation and early application of economical and effective antilock brake systems for all such vehicles, the Secretary shall, as part of the rulemaking, consider any such brake system adopted by a manufacturer.

"[SEC. 2508. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.]

"SEC. 2509. HEAD INJURY IMPACT STUDY.

"The Secretary, in the case of any head injury protection matters not subject to section 2503(5) for which the Secretary is on the date of enactment of this Act [Dec. 18, 1991] examining the need for rulemaking and is conducting research, shall provide a report to Congress by the end of fiscal year 1993 identifying those matters and their status. The report shall include a statement of any actions planned toward initiating such rulemaking no later than fiscal year 1994 or 1995 through use of either an advance notice of proposed rulemaking or a notice of proposed rulemaking and completing such rulemaking as soon as possible thereafter."

Fuel System Integrity Standard

Pub. L. 93–492, title I, §108, Oct. 27, 1974, 88 Stat. 1482, provided that:

"(a) Ratification of Standard.—Federal Motor Vehicle Safety Standard Number 301 (49 CFR 571.301–75; Docket No. 73–20, Notice 2) as published on March 21, 1974 (39 F.R. 10588–10590) shall take effect on the dates prescribed in such standard (as so published).

"(b) Amendment or Repeal of Standard.—The Secretary may amend the standard described in subsection (a) in order to correct technical errors in the standard, and may amend or repeal such standard if he determines such amendment or repeal will not diminish the level of motor vehicle safety."

Executive Documents

Ex. Ord. No. 11357. Administration of Traffic and Motor Vehicle Safety Through National Highway Safety Bureau and Its Director

Ex. Ord. No. 11357, June 6, 1967, 32 F.R. 8225, provided:

By virtue of the authority vested in me as President of the United States by Section 201 of the Highway Safety Act of 1966, as amended (80 Stat. 735, 943) [set out as a note under section 401 of Title 23, Highways], and by Section 3(f)(3) of the Department of Transportation Act (80 Stat. 932) [former 49 U.S.C. 1652(f)(3)], it is hereby ordered that the provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718, 943) [formerly 15 U.S.C. 1381 et seq.], shall be carried out through the National Highway Safety Bureau and the Director thereof.

Lyndon B. Johnson.
49 U.S.C. § 20154 (2024) — Title 49: TRANSPORTATION / Chapter 201 / Subchapter II / Section 20154: Repealed. Pub. L. 114-94, div. A, title XI, §11301(c)(1), Dec. 4, 2015, 129 Stat. 1648
Repealed. Pub. L. 114-94, div. A, title XI, §11301(c)(1), Dec. 4, 2015, 129 Stat. 1648
Status: repealed

[§20154. Repealed. Pub. L. 114–94, div. A, title XI, §11301(c)(1), Dec. 4, 2015, 129 Stat. 1648]

Section, Pub. L. 109–59, title IX, §9002(a)(1), Aug. 10, 2005, 119 Stat. 1919, related to capital grants for rail line relocation projects.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

Regulations

Pub. L. 109–59, title IX, §9002(b), Aug. 10, 2005, 119 Stat. 1921, required Secretary of Transportation to issue temporary regulations to implement grant program under this section by April 1, 2006, and to issue final regulations by October 1, 2006.
49 U.S.C. § 44946 (2024) — Title 49: TRANSPORTATION / Chapter 449 / Subchapter II / Section 44946: Aviation Security Advisory Committee
Aviation Security Advisory Committee
Status: in_force

(a) Establishment.—The Administrator shall establish within the Transportation Security Administration an aviation security advisory committee.

(b) Duties.—

(1) In general.—The Administrator 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 Administrator, 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 Administrator.

(3) Periodic reports.—The Advisory Committee shall periodically submit to the Administrator—

(A) reports on matters identified by the Administrator; 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 Administrator 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 Administrator receives the annual report, the Administrator 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 (2) or (4), the Administrator 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 Administrator 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 Administrator 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 Administrator 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.—The Administrator 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 two years, but a member may continue to serve until a successor is appointed. A member of the Advisory Committee may be reappointed.

(B) Removal.—The Administrator 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 Administrator 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 Administrator 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 Administrator, may establish within the Advisory Committee any subcommittee that the Administrator and Advisory Committee determine to be necessary. The Administrator 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 Administrator 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 Chapter 10 of Title 5.—Chapter 10 of title 5 shall not apply to the Advisory Committee and its subcommittees.

(g) Definitions.—In this section:

(1) Administrator.—The term "Administrator" means the Administrator of the Transportation Security Administration.

(2) Advisory committee.—The term "Advisory Committee" means the aviation security advisory committee established under subsection (a).

(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.

(Added Pub. L. 113–238, §2(a), Dec. 18, 2014, 128 Stat. 2842; amended Pub. L. 114–190, title III, §3411, July 15, 2016, 130 Stat. 662; Pub. L. 115–254, div. K, title I, §1991(d)(37), Oct. 5, 2018, 132 Stat. 3641; Pub. L. 117–286, §4(a)(317), Dec. 27, 2022, 136 Stat. 4340.)

Editorial Notes

Amendments

2022—Subsec. (f). Pub. L. 117–286 substituted "Chapter 10 of Title 5" for "FACA" in heading and "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in text.

2018—Pub. L. 115–254, §1991(d)(37)(B), substituted "Administrator" for "Assistant Secretary" wherever appearing.

Subsec. (b)(4). Pub. L. 115–254, §1991(d)(37)(C), substituted "the Administrator receives" for "the Secretary receives" and "the Administrator shall" for "the Secretary shall".

Subsec. (c)(1)(A). Pub. L. 115–254, §1991(d)(37)(D), substituted "The" for "Not later than 180 days after the date of enactment of the Aviation Security Stakeholder Participation Act of 2014, the".

Subsec. (g). Pub. L. 115–254, §1991(d)(37)(A), added par. (1), redesignated former par. (1) as (2), and struck out former par. (2) which defined "Assistant Secretary".

2016—Subsec. (b)(5). Pub. L. 114–190, §3411(b), substituted "paragraph (2) or (4)" for "paragraph (4)".

Subsec. (c)(2)(A). Pub. L. 114–190, §3411(a), amended subpar. (A) generally. Prior to amendment, text read as follows: "The term of each member of the Advisory Committee shall be 2 years. A member of the Advisory Committee may be reappointed."