§ 44946. Aviation Security Advisory Committee

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2014

   Aviation Security Stakeholder Participation Act of 2014

   Pub. L. 113–238 § 2(a) · 128 Stat. 2842

   Enacted · 49 U.S.C. § 44946

   Added Pub. L. 113–238, § 2(a), Dec. 18, 2014, 128 Stat. 2842

   Source evidence

   Code source credit
   Added Pub. L. 113–238, § 2(a), Dec. 18, 2014, 128 Stat. 2842

   Enacted provision · exact public law section
   (a) In General.— Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following: “§ 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. Publication. Public information. 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.” .

2. 2016

   Aviation Security Act of 2016

   Pub. L. 114–190 § 3411(b) · 130 Stat. 615

   Substituted · 49 U.S.C. § 44946(b)(5)

   Pub. L. 114–190, § 3411(b), substituted “paragraph (2) or (4)” for “paragraph (4)”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 114–190, § 3411(b), substituted “paragraph (2) or (4)” for “paragraph (4)”.

   Enacted provision · exact public law section
   (b) Feedback.— Paragraph (5) of section 44946(b) of title 49, United States Code, is amended by striking “paragraph (4)” and inserting “paragraph (2) or (4)”.

3. 2016

   Aviation Security Act of 2016

   Pub. L. 114–190 § 3411(a) · 130 Stat. 615

   Amended · 49 U.S.C. § 44946(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) ASAC Terms of Office.— Subparagraph (A) of section 44946(c)(2) of title 49, United States Code, is amended to read as follows: “(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.” .

4. 2018

   TSA Modernization Act

   Pub. L. 115–254 § 1991(d)(37)(B) · 132 Stat. 3187

   Substituted · 49 U.S.C. § 44946

   Pub. L. 115–254, § 1991(d)(37)(B), substituted “Administrator” for “Assistant Secretary” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 115–254, § 1991(d)(37)(B), substituted “Administrator” for “Assistant Secretary” wherever appearing.

   Enacted provision · exact public law section
   (B) by striking “Assistant Secretary” each place it appears and inserting “Administrator”;

5. 2018

   TSA Modernization Act

   Pub. L. 115–254 § 1991(d)(37)(C) · 132 Stat. 3187

   1. Substituted · 49 U.S.C. § 44946(b)(4)

      Pub. L. 115–254, § 1991(d)(37)(C), substituted “the Administrator receives” for “the Secretary receives”

   2. Substituted · 49 U.S.C. § 44946(b)(4)

      Pub. L. 115–254, § 1991(d)(37)(C), substituted “the Administrator shall” for “the Secretary shall”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (C) in subsection (b)(4)— (i) by striking “the Secretary receives” and inserting “the Administrator receives”; and (ii) by striking “the Secretary shall” and inserting “the Administrator shall”; and

6. 2018

   TSA Modernization Act

   Pub. L. 115–254 § 1991(d)(37)(D) · 132 Stat. 3187

   Substituted · 49 U.S.C. § 44946(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (D) in subsection (c)(1)(A), by striking “Not later than 180 days after the date of enactment of the Aviation Security Stakeholder Participation Act of 2014, the” and inserting “The”.

7. 2018

   TSA Modernization Act

   Pub. L. 115–254 § 1991(d)(37)(A) · 132 Stat. 3187

   1. Added · 49 U.S.C. § 44946(g)

      Pub. L. 115–254, § 1991(d)(37)(A), added par. (1)

   2. Redesignated · 49 U.S.C. § 44946(g)

      Pub. L. 115–254, § 1991(d)(37)(A), redesignated former par. (1) as (2)

   3. Struck · 49 U.S.C. § 44946(g)

      Pub. L. 115–254, § 1991(d)(37)(A), struck out former par. (2) which defined “Assistant Secretary”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) in subsection (g)— (i) by striking paragraph (2); (ii) by redesignating paragraph (1) as paragraph (2); and (iii) by inserting before paragraph (2), as redesignated, the following: “(1) Administrator.— The term ‘Administrator’ means the Administrator of the Transportation Security Administration.” ;

8. 2022

   Pub. L. 117–286 § 4(a)(317) · 136 Stat. 4196

   1. Substituted · 49 U.S.C. § 44946(f)

      Pub. L. 117–286 substituted “Chapter 10 of Title 5” for “FACA” in text

   2. Substituted · 49 U.S.C. § 44946(f)

      Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (317) Section 44946(f) of title 49, United States Code, is amended— (A) in the subsection heading, by striking “FACA” and inserting “Chapter 10 of Title 5”; and (B) in text, by striking “The Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Chapter 10 of title 5”.

12 of 12 references resolved to an enrolled provision