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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1204 Enrolled Bill (ENR)]

        H.R.1204

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 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:
``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. Not 
    later than 6 months after the date 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.--
            ``(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.
        ``(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.''.
    (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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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