Title 49, TransportationRelease 119-110

§44946 Aviation Security Advisory Committee

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart iii — safety › CHAPTER 449 — SECURITY › SUBCHAPTER II — ADMINISTRATION AND PERSONNEL › § 44946

Last updated Sep 22, 2026|Official source

Summary

Creates an aviation security advisory committee inside the Transportation Security Administration. The Administrator must ask the committee for advice on aviation security policies, programs, rules, and security orders when needed. The committee will make recommendations when asked and has to approve any subcommittee recommendations before sending them on. The committee must send periodic reports and one annual report. The Administrator must publish a public version of the annual report within 6 months. After getting recommendations or the annual report, the Administrator must reply in writing within 90 days with feedback, an action plan for any agreed items, and reasons for any rejections. Within 30 days of that reply, the Administrator must tell the Senate Committee on Commerce, Science, and Transportation and the House Committee on Homeland Security and provide a briefing if asked. Before briefing those committees, the Administrator must first give them a report about the committee’s recommendations. The Administrator appoints members from up to 34 organizations, one person per group. Members include airline and cargo groups, airport operators, contractors, labor unions, manufacturers, general aviation, privacy and passenger groups, security companies, victims of terrorism, law enforcement, and similar stakeholders. Terms are 2 years; members can stay until a successor is named and can be removed for cause. Members are unpaid. The committee must meet at least twice a year, with at least one public meeting, and keep attendance records. Members may get sensitive security information within 60 days if cleared and after signing a non‑disclosure agreement. The committee elects a stakeholder as chair. Subcommittees (for cargo, general aviation, perimeter/access, and security technology) must meet at least quarterly, be co‑chaired by a government and an industry official, include subject experts, use risk‑based approaches, and report to the main committee. Chapter 10 of Title 5 does not apply to the committee or its subcommittees. Definitions: Administrator = the TSA Administrator. Advisory Committee = the aviation security advisory committee. Perimeter security = ways to monitor and stop unauthorized access to an airport, such as fences, gates, and access controls.

Full Legal Text

Title 49, §44946

Transportation, Source: USLM XML via OLRC

(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)
(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.— (2) Advisory committee.—
(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.

Legislative History

Notes & Related Subsidiaries

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.”

Reference

Citations & Metadata

Citation

49 U.S.C. § 44946

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110