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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Aviation Security 

3 Stakeholder Participation Act of 2012’’. 

4 SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. 

5 (a) IN GENERAL.—Subchapter II of chapter 449 of 

6 title 49, United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 44946. Aviation Security Advisory Committee 

9 ‘‘(a) ESTABLISHMENT.—The Assistant Secretary 

10 shall establish within the Transportation Security Admin11 istration an advisory committee to be known as the Avia12 tion Security Advisory Committee. 

13 ‘‘(b) DUTIES.— 

14 ‘‘(1) IN GENERAL.—The Advisory Committee 

15 shall be consulted by and advise the Assistant Sec16 retary on aviation security matters, including the de17 velopment and implementation of policies, programs, 

18 rulemaking, and security directives pertaining to 

19 aviation security. 

20 ‘‘(2) RECOMMENDATIONS.— 

21 ‘‘(A) IN GENERAL.—The Advisory Com22 mittee shall develop, at the request of the As23 sistant Secretary, recommendations for im24 provements to aviation security. 

25 ‘‘(B) RECOMMENDATIONS OF WORKING

26 GROUPS.—Recommendations agreed upon by 


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1 the working groups established under this sec2 tion shall be approved by the Advisory Com3 mittee for transmission to the Assistant Sec4 retary. 

5 ‘‘(3) PERIODIC REPORTS.—The Advisory Com6 mittee shall periodically submit to the Assistant Sec7 retary— 

8 ‘‘(A) reports on matters identified by the 

9 Assistant Secretary; and 

10 ‘‘(B) reports on other matters identified by 

11 a majority of the members of the Advisory 

12 Committee. 

13 ‘‘(4) ANNUAL REPORT.—The Advisory Com14 mittee shall submit to the Assistant Secretary an an15 nual report providing information on the activities, 

16 findings, and recommendations of the Advisory Com17 mittee, including its working groups, for the pre18 ceding year. 

19 ‘‘(c) MEMBERSHIP.— 

20 ‘‘(1) APPOINTMENT.— 

21 ‘‘(A) IN GENERAL.—Not later than 180 

22 days after the date of enactment of this section, 

23 the Assistant Secretary shall appoint the mem24 bers of the Advisory Committee. 


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1 ‘‘(B) COMPOSITION.—The membership 

2 shall consist of individuals representing not 

3 more than 27 member organizations. Each or4 ganization shall be represented by one indi5 vidual (or the individual’s designee). 

6 ‘‘(C) REPRESENTATION.—The membership 

7 shall include representatives of air carriers, all 

8 cargo air transportation, indirect air carriers, 

9 labor organizations representing air carrier em10 ployees, aircraft manufacturers, airport opera11 tors, general aviation, privacy, the travel indus12 try, and the aviation technology security indus13 try, including biometrics. 

14 ‘‘(2) REMOVAL.—The Assistant Secretary may 

15 review the participation of a member of the Advisory 

16 Committee and remove the member for cause at any 

17 time. 

18 ‘‘(3) PROHIBITION ON COMPENSATION.—The 

19 members of the Advisory Committee shall not re20 ceive pay, allowances, or benefits from the Govern21 ment by reason of their service on the Advisory 

22 Committee. 

23 ‘‘(4) MEETINGS.—The Assistant Secretary shall 

24 require the Advisory Committee to meet at least 


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1 semiannually and may convene additional meetings 

2 as necessary. 

3 ‘‘(d) AIR CARGO SECURITY WORKING GROUP.— 

4 ‘‘(1) IN GENERAL.—The Assistant Secretary 

5 shall establish within the Advisory Committee an air 

6 cargo security working group to provide rec7 ommendations on air cargo security issues, including 

8 the implementation of the air cargo security pro9 grams established by the Transportation Security 

10 Administration to screen air cargo on passenger air11 craft and all-cargo aircraft in accordance with estab12 lished cargo screening mandates. 

13 ‘‘(2) MEETINGS AND REPORTING.—The work14 ing group shall meet at least quarterly and submit 

15 information, including recommendations, regarding 

16 air cargo security to the Advisory Committee for in17 clusion in the annual report. The submissions shall 

18 include recommendations to improve the Administra19 tion’s cargo security initiatives established to meet 

20 the requirements of section 44901(g). 

21 ‘‘(3) MEMBERSHIP.—The working group 

22 shall— 

23 ‘‘(A) include members of the Advisory 

24 Committee with expertise in air cargo oper25 ations; and 


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1 ‘‘(B) be cochaired by a Government and 

2 industry official. 

3 ‘‘(e) GENERAL AVIATION SECURITY WORKING

4 GROUP.— 

5 ‘‘(1) IN GENERAL.—The Assistant Secretary 

6 shall establish within the Advisory Committee a gen7 eral aviation working group to provide recommenda8 tions on transportation security issues for general 

9 aviation facilities, general aviation aircraft, and heli10 copter operations at general aviation and commercial 

11 service airports. 

12 ‘‘(2) MEETINGS AND REPORTING.—The work13 ing group shall meet at least quarterly and submit 

14 information, including recommendations, regarding 

15 aviation security at general aviation airports to the 

16 Advisory Committee for inclusion in the annual re17 port. 

18 ‘‘(3) MEMBERSHIP.—The working group 

19 shall— 

20 ‘‘(A) include members of the Advisory 

21 Committee with expertise in general aviation; 

22 and 

23 ‘‘(B) be cochaired by a Government and 

24 industry official. 

25 ‘‘(f) PERIMETER SECURITY WORKING GROUP.— 


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1 ‘‘(1) IN GENERAL.—The Assistant Secretary 

2 shall establish within the Advisory Committee an 

3 airport perimeter security working group to provide 

4 recommendations on airport perimeter security and 

5 access control issues. 

6 ‘‘(2) MEETINGS AND REPORTING.—The work7 ing group shall meet at least quarterly and submit 

8 information, including recommendations, regarding 

9 improving perimeter security and access control pro10 cedures at commercial service and general aviation 

11 airports to the Advisory Committee for inclusion in 

12 the annual report. 

13 ‘‘(3) MEMBERSHIP.—The working group 

14 shall— 

15 ‘‘(A) include members of the Advisory 

16 Committee with expertise in airport perimeter 

17 security and access control issues; and 

18 ‘‘(B) be cochaired by a Government and 

19 industry official. 

20 ‘‘(g) NONAPPLICABILITY OF FACA.—The Federal 

21 Advisory Committee Act (5 U.S.C. App.) shall not apply 

22 to the Advisory Committee or its working groups. 

23 ‘‘(h) DEFINITIONS.—In this section, the following 

24 definitions apply: 


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1 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi2 sory Committee’ means the Aviation Security Advi3 sory Committee to be established under subsection 

4 (a). 

5 ‘‘(2) ANNUAL REPORT.—The term ‘annual re6 port’ means the annual report required under sub7 section (a). 

8 ‘‘(3) ASSISTANT SECRETARY.—The term ‘As9 sistant Secretary’ means the Assistant Secretary of 

10 Homeland Security (Transportation Security Admin11 istration). 

12 ‘‘(4) PERIMETER SECURITY.—The term ‘perim13 eter security’— 

14 ‘‘(A) means procedures or systems to mon15 itor, secure, and prevent unauthorized access to 

16 an airport, including its airfield and terminal; 

17 and 

18 ‘‘(B) includes the fence area surrounding 

19 an airport, access gates, and access controls.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 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. 


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