In the Senate of the United States, 

December 9, 2014. 

Resolved, That the bill from the House of Representatives (H.R. 1204) entitled ‘‘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.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Aviation Security Stake3 holder Participation Act of 2014’’. 

4 SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. 

5 (a) IN GENERAL.—Subchapter II of chapter 449 of 

6 title 49, United States Code, is amended by adding at the 

7 end the following: 
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1 ‘‘§ 44946. Aviation Security Advisory Committee 

2 ‘‘(a) ESTABLISHMENT.—The Assistant Secretary shall 

3 establish within the Transportation Security Administra4 tion an aviation security advisory committee. 

5 ‘‘(b) DUTIES.— 

6 ‘‘(1) IN GENERAL.—The Assistant Secretary 

7 shall consult the Advisory Committee, as appropriate, 

8 on aviation security matters, including on the devel9 opment, refinement, and implementation of policies, 

10 programs, rulemaking, and security directives per11 taining to aviation security, while adhering to sen12 sitive security guidelines. 

13 ‘‘(2) RECOMMENDATIONS.— 

14 ‘‘(A) IN GENERAL.—The Advisory Com15 mittee shall develop, at the request of the Assist16 ant Secretary, recommendations for improve17 ments to aviation security. 

18 ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT19 TEES.—Recommendations agreed upon by the 

20 subcommittees established under this section shall 

21 be approved by the Advisory Committee before 

22 transmission to the Assistant Secretary. 

23 ‘‘(3) PERIODIC REPORTS.—The Advisory Com24 mittee shall periodically submit to the Assistant Sec25 retary— 
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1 ‘‘(A) reports on matters identified by the 

2 Assistant Secretary; and 

3 ‘‘(B) reports on other matters identified by 

4 a majority of the members of the Advisory Com5 mittee. 

6 ‘‘(4) ANNUAL REPORT.—The Advisory Committee 

7 shall submit to the Assistant Secretary an annual re8 port providing information on the activities, findings, 

9 and recommendations of the Advisory Committee, in10 cluding its subcommittees, for the preceding year. Not 

11 later than 6 months after the date that the Secretary 

12 receives the annual report, the Secretary shall publish 

13 a public version describing the Advisory Committee’s 

14 activities and such related matters as would be in15 formative to the public consistent with the policy of 

16 section 552(b) of title 5. 

17 ‘‘(5) FEEDBACK.—Not later than 90 days after 

18 receiving recommendations transmitted by the Advi19 sory Committee under paragraph (4), the Assistant 

20 Secretary shall respond in writing to the Advisory 

21 Committee with feedback on each of the recommenda22 tions, an action plan to implement any of the rec23 ommendations with which the Assistant Secretary 

24 concurs, and a justification for why any of the rec25 ommendations have been rejected. 
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1 ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not later 

2 than 30 days after providing written feedback to the 

3 Advisory Committee under paragraph (5), the Assist4 ant Secretary shall notify the Committee on Com5 merce, Science, and Transportation of the Senate and 

6 the Committee on Homeland Security of the House of 

7 Representatives on such feedback, and provide a brief8 ing upon request. 

9 ‘‘(7) REPORT TO CONGRESS.—Prior to briefing 

10 the Committee on Commerce, Science, and Transpor11 tation of the Senate and the Committee on Homeland 

12 Security of the House of Representatives under para13 graph (6), the Assistant Secretary shall submit to 

14 such committees a report containing information re15 lating to the recommendations transmitted by the Ad16 visory Committee in accordance with paragraph (4). 

17 ‘‘(c) MEMBERSHIP.— 

18 ‘‘(1) APPOINTMENT.— 

19 ‘‘(A) IN GENERAL.—Not later than 180 

20 days after the date of enactment of the Aviation 

21 Security Stakeholder Participation Act of 2014, 

22 the Assistant Secretary shall appoint the mem23 bers of the Advisory Committee. 

24 ‘‘(B) COMPOSITION.—The membership of 

25 the Advisory Committee shall consist of individ-
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1 uals representing not more than 34 member or2 ganizations. Each organization shall be rep3 resented by 1 individual (or the individual’s des4 ignee). 

5 ‘‘(C) REPRESENTATION.—The membership 

6 of the Advisory Committee shall include rep7 resentatives of air carriers, all-cargo air trans8 portation, indirect air carriers, labor organiza9 tions representing air carrier employees, labor 

10 organizations representing transportation secu11 rity officers, aircraft manufacturers, airport op12 erators, airport construction and maintenance 

13 contractors, labor organizations representing em14 ployees of airport construction and maintenance 

15 contractors, general aviation, privacy organiza16 tions, the travel industry, airport-based busi17 nesses (including minority-owned small busi18 nesses), businesses that conduct security screen19 ing operations at airports, aeronautical repair 

20 stations, passenger advocacy groups, the aviation 

21 security technology industry (including screening 

22 technology and biometrics), victims of terrorist 

23 acts against aviation, and law enforcement and 

24 security experts. 

25 ‘‘(2) TERM OF OFFICE.— 
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1 ‘‘(A) TERMS.—The term of each member of 

2 the Advisory Committee shall be 2 years. A mem3 ber of the Advisory Committee may be re4 appointed. 

5 ‘‘(B) REMOVAL.—The Assistant Secretary 

6 may review the participation of a member of the 

7 Advisory Committee and remove such member 

8 for cause at any time. 

9 ‘‘(3) PROHIBITION ON COMPENSATION.—The 

10 members of the Advisory Committee shall not receive 

11 pay, allowances, or benefits from the Government by 

12 reason of their service on the Advisory Committee. 

13 ‘‘(4) MEETINGS.— 

14 ‘‘(A) IN GENERAL.—The Assistant Secretary 

15 shall require the Advisory Committee to meet at 

16 least semiannually and may convene additional 

17 meetings as necessary. 

18 ‘‘(B) PUBLIC MEETINGS.—At least 1 of the 

19 meetings described in subparagraph (A) shall be 

20 open to the public. 

21 ‘‘(C) ATTENDANCE.—The Advisory Com22 mittee shall maintain a record of the persons 

23 present at each meeting. 

24 ‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY

25 INFORMATION.—Not later than 60 days after the date 
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1 of a member’s appointment, the Assistant Secretary 

2 shall determine if there is cause for the member to be 

3 restricted from possessing sensitive security informa4 tion. Without such cause, and upon the member vol5 untarily signing a non-disclosure agreement, the 

6 member may be granted access to sensitive security 

7 information that is relevant to the member’s advisory 

8 duties. The member shall protect the sensitive security 

9 information in accordance with part 1520 of title 49, 

10 Code of Federal Regulations. 

11 ‘‘(6) CHAIRPERSON.—A stakeholder representa12 tive on the Advisory Committee who is elected by the 

13 appointed membership of the Advisory Committee 

14 shall chair the Advisory Committee. 

15 ‘‘(d) SUBCOMMITTEES.— 

16 ‘‘(1) MEMBERSHIP.—The Advisory Committee 

17 chairperson, in coordination with the Assistant Sec18 retary, may establish within the Advisory Committee 

19 any subcommittee that the Assistant Secretary and 

20 Advisory Committee determine to be necessary. The 

21 Assistant Secretary and the Advisory Committee shall 

22 create subcommittees to address aviation security 

23 issues, including the following: 

24 ‘‘(A) AIR CARGO SECURITY.—The imple25 mentation of the air cargo security programs es-
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1 tablished by the Transportation Security Admin2 istration to screen air cargo on passenger air3 craft and all-cargo aircraft in accordance with 

4 established cargo screening mandates. 

5 ‘‘(B) GENERAL AVIATION.—General avia6 tion facilities, general aviation aircraft, and hel7 icopter operations at general aviation and com8 mercial service airports. 

9 ‘‘(C) PERIMETER AND ACCESS CONTROL.— 

10 Recommendations on airport perimeter security, 

11 exit lane security and technology at commercial 

12 service airports, and access control issues. 

13 ‘‘(D) SECURITY TECHNOLOGY.—Security 

14 technology standards and requirements, includ15 ing their harmonization internationally, tech16 nology to screen passengers, passenger baggage, 

17 carry-on baggage, and cargo, and biometric tech18 nology. 

19 ‘‘(2) RISK-BASED SECURITY.—All subcommittees 

20 established by the Advisory Committee chairperson in 

21 coordination with the Assistant Secretary shall con22 sider risk-based security approaches in the perform23 ance of their functions that weigh the optimum bal24 ance of costs and benefits in transportation security, 

25 including for passenger screening, baggage screening, 
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1 air cargo security policies, and general aviation secu2 rity matters. 

3 ‘‘(3) MEETINGS AND REPORTING.—Each sub4 committee shall meet at least quarterly and submit to 

5 the Advisory Committee for inclusion in the annual 

6 report required under subsection (b)(4) information, 

7 including recommendations, regarding issues within 

8 the subcommittee. 

9 ‘‘(4) SUBCOMMITTEE CHAIRS.—Each sub10 committee shall be co-chaired by a Government offi11 cial and an industry official. 

12 ‘‘(e) SUBJECT MATTER EXPERTS.—Each sub13 committee under this section shall include subject matter 

14 experts with relevant expertise who are appointed by the 

15 respective subcommittee chairpersons. 

16 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal Advi17 sory Committee Act (5 U.S.C. App.) shall not apply to the 

18 Advisory Committee and its subcommittees. 

19 ‘‘(g) DEFINITIONS.—In this section: 

20 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi21 sory Committee’ means the aviation security advisory 

22 committee established under subsection (a). 

23 ‘‘(2) ASSISTANT SECRETARY.—The term ‘Assist24 ant Secretary’ means the Assistant Secretary of 
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1 Homeland Security (Transportation Security Admin2 istration). 

3 ‘‘(3) PERIMETER SECURITY.— 

4 ‘‘(A) IN GENERAL.—The term ‘perimeter se5 curity’ means procedures or systems to monitor, 

6 secure, and prevent unauthorized access to an 

7 airport, including its airfield and terminal. 

8 ‘‘(B) INCLUSIONS.—The term ‘perimeter se9 curity’ includes the fence area surrounding an 

10 airport, access gates, and access controls.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for sub12 chapter II of chapter 449 of title 49, United States Code, 

13 is amended by adding at the end the following new item: 

‘‘44946. Aviation Security Advisory Committee.’’. 

Attest: 

Secretary. 

113TH CONGRESS 

1ST SESSION H.R. 1204 

AMENDMENT