PUBLIC LAW 113–238—DEC. 18, 2014 

AVIATION SECURITY STAKEHOLDER 

PARTICIPATION ACT OF 2014 


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128 STAT. 2842 PUBLIC LAW 113–238—DEC. 18, 2014 

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: 

‘‘§ 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 

Publication. the preceding year. Not later than 6 months after the date 

Public 

information. 

Consultation. 

49 USC 44946. 

49 USC 40101 

note. 

Aviation Security 

Stakeholder 

Participation Act 

of 2014. 

Dec. 18, 2014 

[H.R. 1204] 


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PUBLIC LAW 113–238—DEC. 18, 2014 128 STAT. 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.— 

Deadlines. 

Deadline. 

Deadline. 

Notification. 

Action plan. 


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128 STAT. 2844 PUBLIC LAW 113–238—DEC. 18, 2014 

‘‘(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. 

Deadline. 

Determination. 

Records. 


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PUBLIC LAW 113–238—DEC. 18, 2014 128 STAT. 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.’’. 


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128 STAT. 2846 PUBLIC LAW 113–238—DEC. 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. 

Æ 

(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. 

49 USC 

prec. 44901. 


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