PDF(PDF provides a complete and accurate display of this text.)Tip?
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-346
======================================================================
SECURING GENERAL AVIATION AND COMMERCIAL CHARTER AIR CARRIER SERVICE
ACT OF 2017
_______
October 12, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 3669]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3669) to improve and streamline security
procedures related to general aviation and commercial charter
air carrier utilizing risk-based security standards, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing General Aviation and
Commercial Charter Air Carrier Service Act of 2017''.
SEC. 2. WEB-BASED SECURE FLIGHT COST AND FEASIBILITY STUDY.
Not later than 120 days after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
conduct a study to determine the cost and feasibility of establishing
web-based access to Secure Flight for commercial charter air carriers.
SEC. 3. SCREENING IN AREAS OTHER THAN PASSENGER TERMINALS.
(a) In General.--The Administrator of the Transportation Security
Administration is authorized to provide screening services to a
commercial charter air carrier in areas other than primary passenger
terminals of airports upon the request of such carrier.
(b) Request.--A commercial charter air carrier that wants screening
services to be provided to such carrier in an area other than a primary
passenger terminal shall request the Federal Security Director for the
airport at which such services are requested.
(c) Availability.--A Federal Security Director may elect to provide
screening services under this section if such services are available.
(d) Agreements.--The Administrator of the Transportation Security
Administration shall enter into an agreement with a commercial charter
air carrier for compensation from such carrier requesting the use of
screening services under this section for all reasonable costs in
addition to overtime costs that are incurred in the provision of such
services.
SEC. 4. REPORT ON GENERAL AVIATION SECURITY AND SELECT AVIATION
SECURITY TOPICS.
Not later than 120 days after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration, in
consultation with the Aviation Security Advisory Committee, shall,
consistent with the requirements of paragraphs (6) and (7) of section
44946(b) of title 49, United States Code, submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate an implementation
plan, including an implementation schedule, for any of the following
recommendations that were adopted by the Aviation Security Advisory
Committee and with which the Administrator has concurred before the
date of the enactment of this Act:
(1) The recommendation regarding general aviation access to
Ronald Reagan Washington National Airport, as adopted on
February 17, 2015.
(2) The recommendation regarding the vetting of persons
seeking flight training in the United States, as adopted on
July 28, 2016.
(3) Any other such recommendations relevant to the security
of general aviation adopted before the date of the enactment of
this Act.
SEC. 5. DESIGNATED STAFFING FOR GENERAL AVIATION.
The Administrator of the Transportation Security Administration is
authorized to designate not fewer than one full time employee of the
Administration to be responsible for engagement with general aviation
stakeholders and manage issues related to general aviation.
SEC. 6. SECURITY ENHANCEMENTS.
Not later than one year after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration, in
consultation with the Aviation Security Advisory Committee, shall
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the feasibility of requiring
security threat assessments for all candidates seeking flight school
training in the operation of any aircraft having a maximum certificated
takeoff weight of more than 12,500 pounds to further enhance the
vetting of persons seeking such training in the United States.
Purpose and Summary
The purpose of H.R. 3669 is to improve and streamline
security procedures related to general aviation and commercial
charter air carrier utilizing risk-based security standards.
This legislation requires the Administrator of the
Transportation Security Administration (TSA) to conduct a cost
and feasibility study of establishing web-based access to the
Secure Flight system for commercial charter air carriers.
This bill also authorizes the Administrator to provide
screening services to commercial charter air carriers in areas
other than primary passenger terminals, upon the request of the
carrier through the airport's Federal Security Director. If
such screening services are provided then the Administrator is
required to enter into an agreement with the carrier for
compensation for all reasonable costs of the screening
services.
Additionally, this legislation requires the Administrator
to provide Congress with an implementation plan for outstanding
recommendations approved by the Aviation Security Advisory
Council (ASAC) regarding general aviation. This bill also
authorizes the Administrator to designate at least one full
time employee to be responsible for issues and stakeholder
engagement related to general aviation.
Finally, in accordance with Committee intent, this bill
requires the Administrator to provide a report to Congress on
the feasibility of requiring security threat assessments for
all candidates seeking flight school training in the operation
of any aircraft having a maximum certificated takeoff weight of
more than 12,500 pounds to further enhance the vetting of
persons seeking such training in the United States. Since
individuals who have previously participated in other forms of
flight school training have been vetted previously, the report
should focus on the vetting of individuals for whom such
training serves as their initial flight school training.
Background and Need for Legislation
General aviation and commercial charter air carriers
represent a small fraction of TSA's stakeholder community,
often causing their issues and concerns to fall to the bottom
of the agency's priorities. This bill seeks to elevate some of
these important, but often overlooked, security issues.
Commercial airlines pay tens of thousands of dollars to
install the necessary software for airlines to connect to TSA's
Secure Flight system for vetting passengers. However, smaller
operators do not have the passenger volume to absorb the cost
of installing this software. Currently, TSA emails them the
necessary data in spreadsheet format for the operators to check
their passenger manifests against. This presents a serious
information security risk for this data to be handled in this
manner. TSA should explore creating a web-based program that
these operators could access that would have real time
passenger vetting information and would prevent the unintended
distribution of sensitive security information.
Currently, private charter air carriers must use their own
flight crews or private screening companies to screen
passengers. In certain instances, these carriers would like to
use on or off duty TSA agents to screen passengers; however,
when private charters are performed on short notice carriers
are unable to bring off-duty TSA screeners onto their own
program due to certain FAA regulations. Language in this bill
would allow private charters the flexibility to do so without
cost to the Federal Government.
Additionally, the Aviation Security Advisory Committee has
approved several recommendations regarding improvements to
security rules and regulations for general aviation and
commercial charter air carrier programs. However, these
recommendations have yet to be implemented by TSA. This
legislation requires TSA to develop an implementation plan and
timeline in which to execute these outstanding recommendations.
The bill also addresses the lack of a full time subject
matter expert at TSA to interact with general aviation
stakeholders and handle general aviation security issues. The
industry has been forced to rely on individuals that are often
given this portfolio temporarily and struggles to find a
reliable point of contact for matters that arise. This bill
authorizes the appointment of a full-time employee to handle
this portfolio, thus giving industry a knowledgeable and
reliable liaison with TSA.
Hearings
The Committee did not hold any legislative hearings on H.R.
3669 in the 115th Congress. However, this legislation was
informed by a Subcommittee on Transportation Security
Subcommittee hearing on July 7, 2012, entitled ``A Decade After
9/11 Could American Flight Schools Still unknowingly Be
Training Terrorists?'' The Subcommittee received testimony from
Mr. Kerwin Wilson, General Manager for General Aviation, Office
of Security Policy and Industry Engagement, Transportation
Security Administration; Mr. John Woods, Assistant Director,
National Security Investigations, Immigration and Customs
Enforcement; Mr. Stephen Lord, Director, Homeland Security and
Justice Issues, Government Accountability Office; Mr. Jens. C.
Hennig, Vice President of Operations, General Aviation
Manufacturers Association; and Mr. Ed Bolen, President and
Chief Executive Officer, National Business Aviation
Association.
Committee Consideration
The Committee met on September 7, 2017, to consider H.R.
3669, and ordered the measure to be reported to the House with
a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An amendment by Mrs. Watson Coleman (#1); was AGREED TO by
voice vote.
Page 3, line 9, insert ``, consistent with the requirements of
paragraphs (6) and (7) of section 44946(b) of title 49, United States
Code,'' after ``submit''.
Page 3, beginning line 13, strike ``the following recommendations
adopted by the Aviation Security Advisory Committee'' and insert ``any
of the following recommendations that were adopted by the Aviation
Security Advisory Committee and with which the Administrator has
concurred before the date of the enactment of this Act''.
An amendment by Mrs. Watson Coleman (#2); was WITHDRAWN by
unanimous consent.
Page 2, strike lines 10 through 22 and insert new subsections
``(a) In General.'' and ``(b) Request.''
Page 2, line 23, strike ``(d)'' and insert ``(c)''.
Page 2, line 23, strike ``The Administrator of the Transportation
Security Administration shall enter into an agreement with a commercial
charter air'' and insert ``If the Administrator of the Transportation
Security Administration elects to provide screening services pursuant
to subsection (a), the Administrator shall enter into an agreement with
a private charter passenger''.
Page 3, beginning line 1, strike ``reasonable costs in addition
to'' and insert ``costs, including''.
Page 3, line 3, insert ``, prior to the provision of such
screening" before the period.
Page 3, beginning line 4, insert a new subsection entitled ``(d)
Private Charter Passenger Carrier Defines.''
An amendment by Mr. Thompson of Mississippi (#3); was AGREED
TO by voice vote.
Add at the end a new section entitled ``Sec. 6. Security
Enhancements.''
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 3669.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3669, the Securing General Aviation and Commercial Charter Air
Carrier Service Act of 2017, would result in no new or
increased budget authority, entitlement authority, or tax
expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 3669 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 3669 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3669 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3669 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Securing General Aviation and Commercial Charter Air Carrier
Service Act of 2017''.
Sec. 2. Web-based Secure Flight Cost and Feasibility Study.
This section requires the Administrator of the
Transportation Security Administration (TSA) to conduct a cost
and feasibility study of establishing web-based access to
Secure Flight for commercial charter air carriers not later
than 120 days after enactment of this Act.
Sec. 3. Screening in Areas Other Than Passenger Terminals.
This section authorizes the Administrator of TSA to provide
screening services to commercial charter air carriers in areas
other than primary passenger terminals upon the request of such
a carrier. Such a carrier requesting such services shall direct
the request to the Federal Security Director of the airport
where such services are requested. The Federal Security
Director of such airport may provide screening services if they
are available. The Administrator shall enter into an agreement
with a commercial charter air carrier for compensation for all
reasonable costs, including overtime, of such screening
services.
Sec. 4. Report on General Aviation Security and Select Security
Topics.
This section requires the Administrator of TSA to provide
Congress an implementation plan for recommendations approved by
the Aviation Security Advisory Council regarding general
aviation within 120 days of enactment of this Act.
Sec. 5. Designated Staffing for General Aviation.
This section authorizes the Administrator of TSA to
designate not less than one full time employee to be
responsible for engagement with general aviation stakeholders
and managing issues related to general aviation.
Sec. 6. Security Enhancements.
This section requires the Administrator of TSA to provide a
report to Congress on the feasibility of requiring security
threat assessments for all candidates seeking flight school
training in the operation of any aircraft having a maximum
certificated takeoff weight of more than 12,500 pounds.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 3669 makes no changes to existing law.
[all]
