[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1447 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 1447


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2012

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
    To amend title 49, United States Code, to direct the Assistant 
Secretary of Homeland Security (Transportation Security Administration) 
  to establish an Aviation Security Advisory Committee, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Security Stakeholder 
Participation Act of 2012''.

SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 44946. Aviation Security Advisory Committee
    ``(a) Establishment.--The Assistant Secretary shall establish 
within the Transportation Security Administration an advisory committee 
to be known as the Aviation Security Advisory Committee.
    ``(b) Duties.--
            ``(1) In general.--The Advisory Committee shall be 
        consulted by and advise the Assistant Secretary on aviation 
        security matters, including the development and implementation 
        of policies, programs, rulemaking, and security directives 
        pertaining to aviation security.
            ``(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 working groups.--
                Recommendations agreed upon by the working groups 
                established under this section shall be approved by the 
                Advisory Committee for 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 working groups, for the 
        preceding year.
    ``(c) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this section, the Assistant 
                Secretary shall appoint the members of the Advisory 
                Committee.
                    ``(B) Composition.--The membership shall consist of 
                individuals representing not more than 27 member 
                organizations. Each organization shall be represented 
                by one individual (or the individual's designee).
                    ``(C) Representation.--The membership shall include 
                representatives of air carriers, all cargo air 
                transportation, indirect air carriers, labor 
                organizations representing air carrier employees, 
                aircraft manufacturers, airport operators, general 
                aviation, privacy, the travel industry, and the 
                aviation technology security industry, including 
                biometrics.
            ``(2) Removal.--The Assistant Secretary 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 Government by reason of their service on the 
        Advisory Committee.
            ``(4) Meetings.--The Assistant Secretary shall require the 
        Advisory Committee to meet at least semiannually and may 
        convene additional meetings as necessary.
    ``(d) Air Cargo Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee an air cargo security working 
        group to provide recommendations on air cargo security issues, 
        including 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.
            ``(2) Meetings and reporting.--The working group shall meet 
        at least quarterly and submit information, including 
        recommendations, regarding air cargo security to the Advisory 
        Committee for inclusion in the annual report. The submissions 
        shall include recommendations to improve the Administration's 
        cargo security initiatives established to meet the requirements 
        of section 44901(g).
            ``(3) Membership.--The working group shall--
                    ``(A) include members of the Advisory Committee 
                with expertise in air cargo operations; and
                    ``(B) be cochaired by a Government and industry 
                official.
    ``(e) General Aviation Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee a general aviation working group 
        to provide recommendations on transportation security issues 
        for general aviation facilities, general aviation aircraft, and 
        helicopter operations at general aviation and commercial 
        service airports.
            ``(2) Meetings and reporting.--The working group shall meet 
        at least quarterly and submit information, including 
        recommendations, regarding aviation security at general 
        aviation airports to the Advisory Committee for inclusion in 
        the annual report.
            ``(3) Membership.--The working group shall--
                    ``(A) include members of the Advisory Committee 
                with expertise in general aviation; and
                    ``(B) be cochaired by a Government and industry 
                official.
    ``(f) Perimeter Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee an airport perimeter security 
        working group to provide recommendations on airport perimeter 
        security and access control issues.
            ``(2) Meetings and reporting.--The working group shall meet 
        at least quarterly and submit information, including 
        recommendations, regarding improving perimeter security and 
        access control procedures at commercial service and general 
        aviation airports to the Advisory Committee for inclusion in 
        the annual report.
            ``(3) Membership.--The working group shall--
                    ``(A) include members of the Advisory Committee 
                with expertise in airport perimeter security and access 
                control issues; and
                    ``(B) be cochaired by a Government and industry 
                official.
    ``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee or its 
working groups.
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) Advisory committee.--The term `Advisory Committee' 
        means the Aviation Security Advisory Committee to be 
        established under subsection (a).
            ``(2) Annual report.--The term `annual report' means the 
        annual report required under subsection (a).
            ``(3) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of Homeland Security 
        (Transportation Security Administration).
            ``(4) Perimeter security.--The term `perimeter security'--
                    ``(A) means procedures or systems to monitor, 
                secure, and prevent unauthorized access to an airport, 
                including its airfield and terminal; and
                    ``(B) includes the fence area surrounding an 
                airport, access gates, and access controls.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``44946. Aviation Security Advisory Committee.''.

            Passed the House of Representatives June 28, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.