IIB
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.
Short title
This Act may be cited as the
Aviation Security Stakeholder
Participation Act of 2012
.
Aviation Security Advisory Committee
In general
Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following:
Aviation Security Advisory Committee
Establishment
The Assistant Secretary shall establish within the Transportation Security Administration an advisory committee to be known as the Aviation Security Advisory Committee.
Duties
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.
Recommendations
In general
The Advisory Committee shall develop, at the request of the Assistant Secretary, recommendations for improvements to aviation security.
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.
Periodic reports
The Advisory Committee shall periodically submit to the Assistant Secretary—
reports on matters identified by the Assistant Secretary; and
reports on other matters identified by a majority of the members of the Advisory Committee.
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.
Membership
Appointment
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.
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).
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.
Removal
The Assistant Secretary may review the participation of a member of the Advisory Committee and remove the member for cause at any time.
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.
Meetings
The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.
Air cargo security working group
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.
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).
Membership
The working group shall—
include members of the Advisory Committee with expertise in air cargo operations; and
be cochaired by a Government and industry official.
General aviation security working group
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.
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.
Membership
The working group shall—
include members of the Advisory Committee with expertise in general aviation; and
be cochaired by a Government and industry official.
Perimeter security working group
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.
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.
Membership
The working group shall—
include members of the Advisory Committee with expertise in airport perimeter security and access control issues; and
be cochaired by a Government and industry official.
Nonapplicability of FACA
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or its working groups.
Definitions
In this section, the following definitions apply:
Advisory Committee
The term
Advisory Committee
means the Aviation Security Advisory
Committee to be established under subsection (a).
Annual report
The term annual report
means the annual
report required under subsection (a).
Assistant Secretary
The term
Assistant Secretary
means the Assistant Secretary of Homeland
Security (Transportation Security Administration).
Perimeter security
The term perimeter security
—
means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal; and
includes the fence area surrounding an airport, access gates, and access controls.
.
Clerical amendment
The analysis for such subchapter is amended by adding at the end the following:
.
Passed the House of Representatives June 28, 2012.
Karen L. Haas,
Clerk