§44946 — Title 49 Transportation | U.S. Code

Summary

Requires the TSA Administrator to create an aviation security advisory committee inside the Transportation Security Administration. The Administrator must consult the committee on aviation security policies, programs, rules, and security orders while protecting sensitive security information. The committee must make recommendations when asked and only send subcommittee recommendations to the Administrator after full committee approval. The committee must send periodic reports on topics the Administrator asks for and on topics a majority of members want. It must send an annual report about its work. Within 6 months after the Administrator gets that annual report, the Administrator must publish a public version that follows the rules about withholding sensitive information under section 552(b) of title 5. Within 90 days after getting recommendations from the committee, the Administrator must reply in writing with feedback, an action plan for any recommendations the Administrator agrees with, and reasons for rejecting any recommendations. Within 30 days after that written reply, the Administrator must tell the Senate Committee on Commerce, Science, and Transportation and the House Committee on Homeland Security and provide briefings if asked. Before briefing those committees, the Administrator must give them a report with information about the committee’s recommendations in the annual report. The Administrator appoints up to 34 organizations to the committee, with one person representing each organization. Members come from many aviation-related groups (air carriers, cargo, airports, manufacturers, various labor groups, screening companies, repair stations, travel and privacy groups, passenger advocates, victims, law enforcement, security tech, and similar stakeholders). Members serve two-year terms and may stay until a successor is named, may be reappointed, and may be removed for cause. Members get no federal pay. The committee must meet at least twice a year, keep attendance records, and hold at least one public meeting. The Administrator must decide within 60 days whether a member may see sensitive security information; if allowed, the member must sign a nondisclosure agreement and protect the information under 49 C.F.R. part 1520. A stakeholder chosen by members chairs the committee. The chair and Administrator may set subcommittees (covering cargo screening, general aviation, perimeter and access control, and security technology/biometrics). Subcommittees must use risk-based approaches, meet at least quarterly, be co-chaired by a government and an industry official, and include appointed experts. Chapter 10 of title 5 does not apply to the committee. Definitions: Administrator = TSA Administrator; Advisory Committee = the aviation security advisory committee; perimeter security = ways to monitor and prevent unauthorized access to an airport, including fences, gates, and access controls.

Title 49, §44946

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(a)The Administrator shall establish within the Transportation Security Administration an aviation security advisory committee.

(b)(1)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)(A)The Advisory Committee shall develop, at the request of the Administrator, recommendations for improvements to aviation security.

(B)Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee before transmission to the Administrator.

(3)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)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)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)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)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)(1)(A)The Administrator shall appoint the members of the Advisory Committee.

(B)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)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)(A)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)The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time.

(3)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)(A)The Administrator shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.

(B)At least 1 of the meetings described in subparagraph (A) shall be open to the public.

(C)The Advisory Committee shall maintain a record of the persons present at each meeting.

(5)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)A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee.

(d)(1)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)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 facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports.

(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 passengers, passenger baggage, carry-on baggage, and cargo, and biometric technology.

(2)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)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)Each subcommittee shall be co-chaired by a Government official and an industry official.

(e)Each subcommittee under this section shall include subject matter experts with relevant expertise who are appointed by the respective subcommittee chairpersons.

(f)Chapter 10 of title 5 shall not apply to the Advisory Committee and its subcommittees.

(g)In this section:

(1)The term “Administrator” means the Administrator of the Transportation Security Administration.

(2)The term “Advisory Committee” means the aviation security advisory committee established under subsection (a).

(3)(A)The term “perimeter security” means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal.

(B)The term “perimeter security” includes the fence area surrounding an airport, access gates, and access controls.

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.”

§44946 Aviation Security Advisory Committee

Summary

Title 49, §44946

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata