49 U.S.C. § 44946 — Aviation Security Advisory Committee

Page 1521 TITLE 49—TRANSPORTATION § 44946 from an act or omission of the individual in pro- viding or attempting to provide assistance in the case of an in-flight emergency in an aircraft of an air carrier if the individual meets such qualifications as the Administrator of the Transportation Security Administration shall prescribe for purposes of this section. (c) EXCEPTION.—The exemption under sub- section (b) shall not apply in any case in which an individual provides, or attempts to provide, assistance described in that paragraph in a man- ner that constitutes gross negligence or willful misconduct. (Added Pub. L. 107–71, title I, § 131(a), Nov. 19, 2001, 115 Stat. 635; amended Pub. L. 115–254, div. K, title I, § 1991(d)(35), Oct. 5, 2018, 132 Stat. 3641.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–254, § 1991(d)(35)(B), substituted ‘‘Ad- ministrator of the Transportation Security Adminis- tration’’ for ‘‘Under Secretary’’ wherever appearing. Subsec. (a)(1). Pub. L. 115–254, § 1991(d)(35)(A)(i), sub- stituted ‘‘Administrator of the Transportation Secu- rity Administration’’ for ‘‘Under Secretary of Trans- portation for Transportation Security’’. Subsec. (a)(4). Pub. L. 115–254, § 1991(d)(35)(A)(ii), in- serted ‘‘the Administrator of the Federal Aviation Ad- ministration,’’ after ‘‘consult with’’. Statutory Notes and Related Subsidiaries CONSTRUCTION Pub. L. 107–71, title I, § 131(c), Nov. 19, 2001, 115 Stat. 635, provided that: ‘‘Nothing in this section [enacting this section] may be construed to require any modifica- tion of regulations of the Department of Transpor- tation governing the possession of firearms while in aircraft or air transportation facilities or to authorize the possession of a firearm in an aircraft or any such facility not authorized under those regulations.’’ [For definitions of ‘‘aircraft’’ and ‘‘air transpor- tation’’ used in section 131(c) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.] § 44945. Disposition of unclaimed money and clothing (a) DISPOSITION OF UNCLAIMED MONEY.—Not- withstanding section 3302 of title 31, unclaimed money recovered at any airport security check- point shall be retained by the Transportation Security Administration and shall remain avail- able until expended for the purpose of providing civil aviation security as required in this chap- ter. (b) DISPOSITION OF UNCLAIMED CLOTHING.— (1) IN GENERAL.—In disposing of unclaimed clothing recovered at any airport security checkpoint, the Administrator of the Trans- portation Security Administration shall make every reasonable effort, in consultation with the Secretary of Veterans Affairs, to transfer the clothing to the local airport authority or other local authorities for donation to char- ity, including local veterans organizations or other local charitable organizations for dis- tribution to homeless or needy veterans and veteran families. (2) AGREEMENTS.—In implementing para- graph (1), the Administrator of the Transpor- tation Security Administration may enter into agreements with airport authorities. (3) OTHER CHARITABLE ARRANGEMENTS.— Nothing in this subsection shall prevent an airport or the Transportation Security Admin- istration from donating unclaimed clothing to a charitable organization of their choosing. (4) LIMITATION.—Nothing in this subsection shall create a cost to the Government. (Added Pub. L. 108–334, title V, § 515(a), Oct. 18, 2004, 118 Stat. 1317; amended Pub. L. 112–271, § 2(a), Jan. 14, 2013, 126 Stat. 2446; Pub. L. 115–254, div. K, title I, § 1991(d)(36), Oct. 5, 2018, 132 Stat. 3641.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(1), (2). Pub. L. 115–254 substituted ‘‘Administrator of the Transportation Security Admin- istration’’ for ‘‘Assistant Secretary’’. 2013—Pub. L. 112–271 inserted ‘‘and clothing’’ after ‘‘money’’ in section catchline, designated existing pro- visions as subsec. (a), inserted heading, and added sub- sec. (b). Statutory Notes and Related Subsidiaries ANNUAL REPORT Pub. L. 108–334, title V, § 515(b), Oct. 18, 2004, 118 Stat. 1318, provided that: ‘‘Not later than 180 days after the date of enactment of this Act [Oct. 18, 2004] and annu- ally thereafter, the Administrator of the Transpor- tation Security Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Appropria- tions of the House of Representatives; the Committee on Commerce, Science and Transportation of the Sen- ate; and the Committee on Appropriations of the Sen- ate, a report that contains a detailed description of the amount of unclaimed money recovered in total and at each individual airport, and specifically how the un- claimed money is being used to provide civil aviation security.’’ § 44946. Aviation Security Advisory Committee (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 appro- priate, on aviation security matters, including on the development, refinement, and imple- mentation 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 Adminis- trator, recommendations for improvements to aviation security. (B) RECOMMENDATIONS OF SUBCOMMIT- TEES.—Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee before transmission to the Ad- ministrator. (3) PERIODIC REPORTS.—The Advisory Com- mittee shall periodically submit to the Admin- istrator— (A) reports on matters identified by the Administrator; and Page 1522 TITLE 49—TRANSPORTATION § 44946 (B) reports on other matters identified by a majority of the members of the Advisory Committee. (4) ANNUAL REPORT.—The Advisory Com- mittee shall submit to the Administrator an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its sub- committees, for the preceding year. Not later than 6 months after the date that the Admin- istrator receives the annual report, the Ad- ministrator shall publish a public version de- scribing 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 recommendations transmitted by the Advisory Committee under paragraph (2) or (4), the Administrator shall respond in writ- ing to the Advisory Committee with feedback on each of the recommendations, an action plan to implement any of the recommenda- tions with which the Administrator concurs, and a justification for why any of the rec- ommendations 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 Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Homeland Security of the House of Represent- atives 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 Com- mittee on Homeland Security of the House of Representatives under paragraph (6), the Ad- ministrator 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 Com- mittee. (B) COMPOSITION.—The membership of the Advisory Committee shall consist of individ- uals representing not more than 34 member organizations. Each organization shall be represented by 1 individual (or the individ- ual’s designee). (C) REPRESENTATION.—The membership of the Advisory Committee shall include rep- resentatives of air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier em- ployees, 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 orga- nizations, the travel industry, airport-based businesses (including minority-owned small businesses), businesses that conduct security screening operations at airports, aero- nautical repair stations, passenger advocacy groups, the aviation security technology in- dustry (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 Ad- visory Committee may be reappointed. (B) REMOVAL.—The Administrator may re- view the participation of a member of the Advisory Committee and remove such mem- ber 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 addi- tional 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 Com- mittee shall maintain a record of the per- sons present at each meeting. (5) MEMBER ACCESS TO SENSITIVE SECURITY IN- FORMATION.—Not later than 60 days after the date of a member’s appointment, the Adminis- trator shall determine if there is cause for the member to be restricted from possessing sen- sitive security information. Without such cause, and upon the member voluntarily sign- ing a non-disclosure agreement, the member may be granted access to sensitive security in- formation that is relevant to the member’s ad- visory duties. The member shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Reg- ulations. (6) CHAIRPERSON.—A stakeholder representa- tive on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Com- mittee. (d) SUBCOMMITTEES.— (1) MEMBERSHIP.—The Advisory Committee chairperson, in coordination with the Admin- istrator, may establish within the Advisory Committee any subcommittee that the Ad- ministrator and Advisory Committee deter- mine to be necessary. The Administrator and the Advisory Committee shall create sub- committees to address aviation security issues, including the following: (A) AIR CARGO SECURITY.—The implementa- tion of the air cargo security programs es- tablished by the Transportation Security Administration to screen air cargo on pas- senger aircraft and all-cargo aircraft in ac- cordance with established cargo screening mandates. Page 1523 TITLE 49—TRANSPORTATION § 44948 (B) GENERAL AVIATION.—General aviation facilities, general aviation aircraft, and heli- copter operations at general aviation and commercial service airports. (C) PERIMETER AND ACCESS CONTROL.—Rec- ommendations on airport perimeter secu- rity, exit lane security and technology at commercial service airports, and access con- trol issues. (D) SECURITY TECHNOLOGY.—Security tech- nology standards and requirements, includ- ing their harmonization internationally, technology to screen passengers, passenger baggage, carry-on baggage, and cargo, and biometric technology. (2) RISK-BASED SECURITY.—All subcommit- tees established by the Advisory Committee chairperson in coordination with the Adminis- trator shall consider risk-based security ap- proaches 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 sub- committee shall meet at least quarterly and submit to the Advisory Committee for inclu- sion in the annual report required under sub- section (b)(4) information, including rec- ommendations, regarding issues within the subcommittee. (4) SUBCOMMITTEE CHAIRS.—Each sub- committee shall be co-chaired by a Govern- ment official and an industry official. (e) SUBJECT MATTER EXPERTS.—Each sub- committee under this section shall include sub- ject 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.—The term ‘‘Adminis- trator’’ means the Administrator of the Trans- portation Security Administration. (2) ADVISORY COMMITTEE.—The term ‘‘Advi- sory Committee’’ means the aviation security advisory committee established under sub- section (a). (3) PERIMETER SECURITY.— (A) IN GENERAL.—The term ‘‘perimeter se- curity’’ means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal. (B) INCLUSIONS.—The term ‘‘perimeter se- curity’’ includes the fence area surrounding an airport, access gates, and access controls. (Added Pub. L. 113–238, § 2(a), Dec. 18, 2014, 128 Stat. 2842; amended Pub. L. 114–190, title III, § 3411, July 15, 2016, 130 Stat. 662; Pub. L. 115–254, div. K, title I, § 1991(d)(37), Oct. 5, 2018, 132 Stat. 3641; Pub. L. 117–286, § 4(a)(317), Dec. 27, 2022, 136 Stat. 4340.) 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 ‘‘Ad- ministrator’’ for ‘‘Assistant Secretary’’ wherever ap- pearing. Subsec. (b)(4). Pub. L. 115–254, § 1991(d)(37)(C), sub- stituted ‘‘the Administrator receives’’ for ‘‘the Sec- retary receives’’ and ‘‘the Administrator shall’’ for ‘‘the Secretary shall’’. Subsec. (c)(1)(A). Pub. L. 115–254, § 1991(d)(37)(D), sub- stituted ‘‘The’’ for ‘‘Not later than 180 days after the date of enactment of the Aviation Security Stake- holder 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), sub- stituted ‘‘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.’’ § 44947. Air cargo security division (a) ESTABLISHMENT.—Not later than 90 days after the date of enactment of the TSA Mod- ernization Act, the Administrator shall estab- lish an air cargo security division to carry out and engage with stakeholders regarding the im- plementation of air cargo security programs es- tablished by the Administration. (b) LEADERSHIP; STAFFING.—The air cargo se- curity division established pursuant to sub- section (a) shall be headed by an individual in the executive service within the TSA and be staffed by not fewer than 4 full-time equiva- lents, including the head of the division. (c) STAFFING.—The Administrator of the Transportation Security Administration shall staff the air cargo security division with exist- ing TSA personnel. (Added Pub. L. 115–254, div. K, title I, § 1943(a), Oct. 5, 2018, 132 Stat. 3584.) Editorial Notes REFERENCES IN TEXT The date of enactment of the TSA Modernization Act, referred to in subsec. (a), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018. § 44948. National Deployment Office (a) ESTABLISHMENT.—There is established within the Transportation Security Administra- tion a National Deployment Office, to be headed by an individual with supervisory experience. Such individual shall be designated by the Ad- ministrator of the Transportation Security Ad- ministration. (b) DUTIES.—The individual designated as the head of the National Deployment Office shall be responsible for the following: (1) Maintaining a National Deployment Force within the Transportation Security Ad- ministration, including transportation secu- rity officers, supervisory transportation secu- rity officers and lead transportation security officers, to provide the Administration with rapid and efficient response capabilities and augment the Department of Homeland Secu- rity’s homeland security operations to miti-