640 
(c) 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.—At the request of the Administrator, the Ad-
visory Committee shall develop recommendations for improvements 
to aviation security. 
(B) RECOMMENDATIONS
OF
SUBCOMMITTEES.—Recommenda-
tions agreed on by the subcommittees established under this sec-
tion shall be approved by the Advisory Committee before trans-
mission 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 inform-
ative to the public consistent with the policy of section 552(b) of title 
5. 
(5) FEEDBACK.—Not later than 90 days after receiving rec-
ommendations transmitted by the Advisory Committee under para-
graph (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 Admin-
istrator concurs, and a justification for why any of the recommenda-
tions 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 the feedback, 
and provide a briefing on request. 
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(7) REPORT TO CONGRESS.—Prior to briefing the Committee on 
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Homeland Security of the House of Representatives under 
paragraph (6), the Administrator shall submit to the committees a re-
port containing information relating to the recommendations trans-
mitted by the Advisory Committee in accordance with paragraph (4). 
(d) MEMBERSHIP.— 
(1) IN GENERAL.— 
(A) APPOINTMENT.—The Administrator shall appoint the mem-
bers of the Advisory Committee. 
(B) COMPOSITION.—The Advisory Committee consists of indi-
viduals representing not more than 34 member organizations. 
Each organization shall be represented by 1 individual (or the in-
dividual’s designee). 
(C) REPRESENTATION.—The membership of the Advisory Com-
mittee shall include representatives of— 
(i) air carriers; 
(ii) all-cargo air transportation; 
(iii) indirect air carriers; 
(iv) labor organizations representing air carrier employees; 
(v) labor organizations representing transportation security 
officers; 
(vi) aircraft manufacturers; 
(vii) airport operators; 
(viii) airport construction and maintenance contractors; 
(ix) labor organizations representing employees of airport 
construction and maintenance contractors; 
(x) general aviation; 
(xi) privacy organizations; 
(xii) the travel industry; 
(xiii) airport-based businesses (including minority-owned 
small businesses); 
(xiv) businesses that conduct security screening operations 
at airports; 
(xv) aeronautical repair stations; 
(xvi) passenger advocacy groups; 
(xvii) the aviation security technology industry (including 
screening technology and biometrics); 
(xviii) victims of terrorist acts against aviation; and 
(xix) law enforcement and security experts. 
(2) TERM OF OFFICE.— 
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(A) IN GENERAL.—The term of each member of the Advisory 
Committee shall be 2 years. 
(B) REAPPOINTMENT.—A member of the Advisory Committee 
may be reappointed. 
(C) REMOVAL.—The Administrator may review the participation 
of a member of the Advisory Committee and remove the 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 Gov-
ernment by reason of their service on the Advisory Committee. 
(4) MEETINGS.— 
(A) IN GENERAL.—The Administrator shall require the Advi-
sory 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 individuals 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 Ad-
ministrator shall determine if there is cause for the member to be re-
stricted from possessing sensitive security information. Without that 
cause, and on the member voluntarily signing a non-disclosure agree-
ment, the member may be granted access to sensitive security informa-
tion 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) CHAIR.—A stakeholder representative on the Advisory Com-
mittee who is elected by the appointed membership of the Advisory 
Committee shall chair the Advisory Committee. 
(e) SUBCOMMITTEES.— 
(1) MEMBERSHIP.—The Advisory Committee chairperson, in coordi-
nation with the Administrator, may establish in the Advisory Com-
mittee any subcommittee that the Administrator and Advisory Com-
mittee determine to be necessary. The Administrator and the Advisory 
Committee shall create subcommittees to address aviation security 
issues, including the following: 
(A) The implementation of the air cargo security programs es-
tablished by the Transportation Security Administration to screen 
air cargo on passenger aircraft and all-cargo aircraft in accordance 
with established cargo screening mandates. 
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(B) General aviation facilities, general aviation aircraft, and hel-
icopter operations at general aviation and commercial service air-
ports. 
(C) Recommendations on airport perimeter security, exit lane 
security, and technology at commercial service airports, and access 
control issues. 
(D) Security technology standards and requirements, including 
their harmonization internationally, technology to screen pas-
sengers, passenger baggage, carry-on baggage, and cargo, and bio-
metric technology. 
(2) CONSIDERATION OF 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 screen-
ing, 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 (c)(4) information, includ-
ing recommendations, regarding issues in the subcommittee. 
(4) CO-CHAIRS.—Each subcommittee shall be co-chaired by a Gov-
ernment official and an industry official. 
(5) SUBJECT MATTER EXPERTS.—Each subcommittee shall include 
subject matter experts with relevant expertise who are appointed by the 
respective subcommittee co-chairs. 
(f) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee and its sub-
committees. 
SEC. 4. CONFORMING AMENDMENTS. 
(a) TITLE 5, UNITED STATES CODE.—Section 8331(3)(E)(ii) of title 5, 
United States Code, is amended by striking ‘‘Department of Transpor-
tation’’ and inserting ‘‘Department of Homeland Security’’. 
(b) TITLE 6, UNITED STATES CODE.—Chapter 409 of title 6, United 
States Code, as enacted by section 3, is amended as follows: 
(1) Insert after section 40922(c)(4) the following: 
‘‘(d) SECURITY AND RESEARCH AND DEVELOPMENT ACTIVITIES.— 
‘‘(1) GENERAL REQUIREMENTS.—The Administrator shall conduct 
research (including behavioral research) and development activities ap-
propriate to develop, modify, test, and evaluate a system, procedure, fa-
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cility, or device to protect passengers and property against acts of 
criminal violence, aircraft piracy, and terrorism, and to ensure security. 
‘‘(2) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except as 
otherwise provided by law, the Administrator may not transfer a duty 
or power under this subsection to another department, agency, or in-
strumentality of the United States Government.’’. 
(2) Insert after section 40961 the following: 
‘‘§ 40962. General authority; indemnification 
‘‘(a) GENERAL AUTHORITY.—The Administrator may take action the Ad-
ministrator considers necessary to carry out this chapter, including con-
ducting investigations, prescribing regulations, standards, and procedures, 
and issuing orders. 
‘‘(b) INDEMNIFICATION.—The Administrator may indemnify an officer or 
employee of the Transportation Security Administration against a claim or 
judgment arising out of an act under this chapter that the Administrator 
decides was committed within the scope of the official duties of the officer 
or employee. 
‘‘§ 40963. Withholding information 
‘‘(a) OBJECTIONS TO DISCLOSURE.— 
‘‘(1) IN GENERAL.—A person may object to the public disclosure of 
information— 
‘‘(A) in a record filed under this chapter; or 
‘‘(B) obtained under this chapter by the Secretary. 
‘‘(2) FORM OF OBJECTION; ACTION BY SECRETARY.—An objection 
must be in writing and must state the reasons for the objection. The 
Secretary shall order the information withheld from public disclosure 
when the Secretary decides that disclosure of the information would— 
‘‘(A) prejudice the United States Government in preparing and 
presenting its position in international negotiations; or 
‘‘(B) have an adverse effect on the competitive position of an 
air carrier in foreign air transportation. 
‘‘(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does 
not authorize information to be withheld from a committee of Congress au-
thorized to have the information.’’. 
(3) In the analysis for chapter 409, insert after the item relating to 
40961 the following: 
‘‘40962.
General authority; indemnification. 
‘‘40963.
Withholding information.’’. 
(4) Insert after section 40963, as added by paragraph (2), the fol-
lowing: 
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‘‘Subchapter IV—Investigations and 
Proceedings 
‘‘§ 40981. Complaints and investigations 
‘‘(a) IN GENERAL.— 
‘‘(1) FILING COMPLAINT.—A person may file a complaint in writing 
with the Administrator about a person violating this chapter or a re-
quirement prescribed under this chapter. Except as provided in sub-
section (b), the Administrator shall investigate the complaint if a rea-
sonable ground appears to the Administrator for the investigation. 
‘‘(2) CONDUCTING INVESTIGATION.—On the initiative of the Admin-
istrator, the Administrator may conduct an investigation, if a reason-
able ground appears to the Administrator for the investigation, about— 
‘‘(A) a person violating this chapter or a requirement prescribed 
under this chapter; or 
‘‘(B) any question that may arise under this chapter. 
‘‘(3) DISMISSAL OF COMPLAINT.—The Administrator may dismiss a 
complaint without a hearing when the Administrator is of the opinion 
that the complaint does not state facts that warrant an investigation 
or action. 
‘‘(4) HEARINGS AND ORDERS.—After notice and an opportunity for 
a hearing and subject to section 40105(b) of title 49, the Administrator 
shall issue an order to compel compliance with this chapter if the Ad-
ministrator finds in an investigation under this subsection that a per-
son is violating this chapter. 
‘‘(b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.—The Admin-
istrator shall refer a complaint against a member of the armed forces of 
the United States performing official duties to the Secretary of the depart-
ment concerned for action. Not later than 90 days after receiving the com-
plaint, the Secretary of that department shall inform the Administrator of 
the action taken on the complaint, including any corrective or disciplinary 
action taken. 
‘‘§ 40982. Proceedings 
‘‘(a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of chapter 5 
of title 5, the Administrator may conduct proceedings in a way conducive 
to justice and the proper dispatch of business. 
‘‘(b) APPEARANCE.—A person may appear and be heard before the Ad-
ministrator in person or by an attorney. 
‘‘(c) RECORDING AND PUBLIC ACCESS.—Official action taken by the Ad-
ministrator under this chapter shall be recorded. Proceedings before the Ad-
ministrator shall be open to the public on the request of an interested party 
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unless the Administrator decides that secrecy is required because of national 
defense. 
‘‘(d) CONFLICTS OF INTEREST.—The Administrator or an officer or em-
ployee of the Transportation Security Administration may not participate in 
a proceeding referred to in subsection (a) of this section in which the indi-
vidual has a pecuniary interest. 
‘‘§ 40983. Service of notice, process, and actions 
‘‘(a) DESIGNATING AGENTS.— 
‘‘(1) IN GENERAL.—Each air carrier and foreign air carrier shall 
designate an agent on whom service of notice and process in a pro-
ceeding before, and an action of, the Administrator, may be made. 
‘‘(2) FORM OF DESIGNATION; CHANGES.—The designation— 
‘‘(A) shall be in writing and filed with the Administrator; and 
‘‘(B) may be changed in the same way as originally made. 
‘‘(b) SERVICE.— 
‘‘(1) METHOD OF SERVICE.—Service may be made— 
‘‘(A) by personal service; 
‘‘(B) on a designated agent; or 
‘‘(C) by certified or registered mail to the person to be served 
or the designated agent of the person. 
‘‘(2) DATE OF SERVICE.—The date of service made by certified or 
registered mail is the date of mailing. 
‘‘(c) SERVING AGENTS.—Service on an agent designated under this sec-
tion shall be made at the office or usual place of residence of the agent. 
If an air carrier or foreign air carrier does not have a designated agent, 
service may be made by posting the notice, process, or action in the office 
of the Administrator. 
‘‘§ 40984. Evidence 
‘‘(a) IN GENERAL.—In conducting a hearing or investigation under this 
chapter, the Administrator may— 
‘‘(1) subpena witnesses and records related to a matter involved in 
the hearing or investigation from any place in the United States to the 
designated place of the hearing or investigation; 
‘‘(2) administer oaths; 
‘‘(3) examine witnesses; and 
‘‘(4) receive evidence at a place in the United States the Adminis-
trator designates. 
‘‘(b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a subpena, the 
Administrator or a party to a proceeding before the Administrator may peti-
tion a court of the United States to enforce the subpena. A judicial pro-
ceeding to enforce a subpena under this section may be brought in the juris-
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diction in which the proceeding or investigation is conducted. The court may 
punish a failure to obey an order of the court to comply with the subpena 
as a contempt of court. 
‘‘(c) DEPOSITIONS.— 
‘‘(1) IN GENERAL.—In a proceeding or investigation, the Adminis-
trator may order a person to give testimony by deposition and to 
produce records. If a person fails to be deposed or to produce records, 
the order may be enforced in the same way a subpena may be enforced 
under subsection (b) of this section. 
‘‘(2) TAKING OF DEPOSITION.—A deposition may be taken before an 
individual designated by the Administrator and having the power to ad-
minister oaths. 
‘‘(3) NOTICE REQUIREMENTS.—Before taking a deposition, the party 
or the attorney of the party proposing to take the deposition must give 
reasonable notice in writing to the opposing party or the attorney of 
record of that party. The notice shall state the name of the witness 
and the time and place of taking the deposition. 
‘‘(4) DEPOSITION PROCESS.—The testimony of a person deposed 
under this subsection shall be under oath. The person taking the depo-
sition shall prepare, or cause to be prepared, a transcript of the testi-
mony taken. The transcript shall be subscribed by the deponent. Each 
deposition shall be filed promptly with the Administrator. 
‘‘(5) DEPOSITIONS ABROAD.—If the laws of a foreign country allow, 
the testimony of a witness in that country may be taken by deposi-
tion— 
‘‘(A) by a consular officer or an individual commissioned by the 
Administrator or agreed on by the parties by written stipulation 
filed with the Administrator; or 
‘‘(B) under letters rogatory issued by a court of competent ju-
risdiction at the request of the Administrator. 
‘‘(d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUNTRY 
EXPENSES.—A witness summoned before the Administrator or whose depo-
sition is taken under this section and the individual taking the deposition 
are each entitled to the same fee and mileage that the witness and indi-
vidual would have been paid for those services in a court of the United 
States. Under regulations of the Administrator, the Administrator shall pay 
the necessary expenses incident to executing, in another country, a commis-
sion or letter rogatory issued at the initiative of the Administrator. 
‘‘(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When des-
ignated by the Administrator, an employee appointed under section 3105 of 
title 5 may conduct a hearing, subpena witnesses, administer oaths, examine 
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witnesses, and receive evidence at a place in the United States the Adminis-
trator designates. On request of a party, the Administrator shall hear or 
receive argument. 
‘‘§ 40985. Regulations and orders 
‘‘(a) EFFECTIVENESS OF ORDERS.—Except as provided in this chapter, 
a regulation prescribed or order issued by the Administrator takes effect 
within a reasonable time prescribed by the Administrator. The regulation or 
order remains in effect under its own terms or until superseded. Except as 
provided in this chapter, the Administrator may amend, modify, or suspend 
an order in the way, and by giving the notice, that the Administrator de-
cides. 
‘‘(b) CONTENTS AND SERVICE OF ORDERS.—An order of the Adminis-
trator shall include the findings of fact on which the order is based and 
shall be served on the parties to the proceeding and the persons affected 
by the order. 
‘‘§ 40986. Enforcement by the Department 
‘‘The Administrator may bring a civil action against a person in a district 
court of the United States to enforce this chapter or a requirement or regu-
lation prescribed or order issued under this chapter. The action may be 
brought in the judicial district in which the person does business or the vio-
lation occurred. 
‘‘§ 40987. Enforcement by Attorney General 
‘‘(a) IN GENERAL.—On request of the Administrator, the Attorney Gen-
eral may bring a civil action in an appropriate court— 
‘‘(1) to enforce this chapter or a requirement or regulation pre-
scribed or order issued under this chapter; and 
‘‘(2) to prosecute a person violating this chapter or a requirement 
or regulation prescribed or order issued under this chapter. 
‘‘(b) COSTS AND EXPENSES PAID OUT OF APPROPRIATIONS FOR COURT 
EXPENSES.—The costs and expenses of a civil action under this chapter 
shall be paid out of the appropriations for the expenses of the courts of the 
United States. 
‘‘(c) PARTICIPATION OF ADMINISTRATOR.—On request of the Attorney 
General, the Administrator may participate in a civil action under this chap-
ter. 
‘‘§ 40988. Joinder and intervention 
‘‘A person interested in or affected by a matter under consideration in 
a proceeding before the Administrator, a civil action to enforce this chapter, 
or a requirement or regulation prescribed or order issued under this chapter 
may be joined as a party or permitted to intervene in the proceeding or civil 
action. 
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