[Congressional Record Volume 163, Number 201 (Monday, December 11, 2017)]
[House]
[Pages H9769-H9770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





 SECURING GENERAL AVIATION AND COMMERCIAL CHARTER AIR CARRIER SERVICE 
                              ACT OF 2017

  Mr. ESTES of Kansas. Mr. Speaker, I move to suspend the rules and 
pass 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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3669

       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 ``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.--
       (1) In general.--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.
       (2) Availability.--Any compensation received by the 
     Transportation Security Administration pursuant to an 
     agreement under this subsection shall be credited to the 
     account used in connection with the provision of the 
     screening services that are the subject of such agreement, 
     notwithstanding section 3302 of title 31, United States Code.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kansas (Mr. Estes) and the gentlewoman from California (Ms. Barragan) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Kansas.


                             General Leave

  Mr. ESTES of Kansas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kansas?
  There was no objection.
  Mr. ESTES of Kansas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am honored to represent the Fourth District of Kansas. 
My hometown, Wichita, Kansas, is proud to be known as The Air Capital 
of the World.
  Over 100 years ago, Clyde Cessna began manufacturing planes outside 
of Wichita. Since then, Wichita has grown to be the leading center for 
aviation manufacturing around the world. In fact, 67 percent of the 
world's embedded general aviation fleet is manufactured in Kansas. We 
are proud of the work we do in Wichita, and general aviation has a good 
home in Kansas.
  I worked for many years in the general aviation industry as a process 
improvement engineer. That is why I am putting forward this important 
piece of legislation that will help ensure general aviation remains 
safe and secure.
  Mr. Speaker, I urge my colleagues to vote for H.R. 3669, the Securing 
General Aviation and Commercial Charter Air Carrier Service Act.
  General aviation, which includes all noncommercial flights and 
commercial charters, accounts for nearly two-thirds of all towered 
operations in the United States. This does not account for the 
thousands of untowered operations in the United States that are only 
served by the general aviation community.
  However, general aviation and commercial charter air service 
represent a small fraction of TSA's stakeholder community, 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. The general aviation community has 
important safety concerns that deserve to be heard and acted upon by 
TSA.
  Commercial charters are forced to use antiquated and unsecure systems 
to ensure their passengers' safety. Currently, the software needed to 
connect to TSA's Secure Flight system for vetting passengers costs tens 
of thousands of dollars. Commercial airlines serving 2\1/2\ million 
passengers a day can easily adopt the software; However, smaller 
operators do not have the passenger volume to absorb the cost.
  Currently, TSA emails commercial charter operators large datasets in 
spreadsheet format that their operators must then check against 
passenger manifests. This unsecure method presents a serious security 
risk for this data, which could include sensitive personal information.
  I have heard from commercial charter operators that access to the 
Secure Flight system is a top priority so that they can ensure the 
safety of the airspace and their passengers. TSA should explore 
creating a web-based program that these operators could access that 
would have realtime 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 occasionally use on- or off-
duty TSA agents to screen passengers due to the expertise and training 
that these agents possess. However, when private charters are performed 
on short notice, carriers are unable to bring off-duty TSA screeners 
into their own program due to certain FAA regulations. Language in this 
bill would allow private charters the flexibility to request and pay 
for this service without cost to the taxpayer.
  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. These important recommendations have yet to be implemented by 
TSA. This legislation requires TSA to develop an implementation plan 
and

[[Page H9770]]

timeline in which to execute these outstanding recommendations.
  The final issue this bill addresses is a 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 who 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 the industry a knowledgeable and 
reliable liaison with TSA.
  General aviation and the commercial air charter industry are 
important components of the aviation community. I believe that their 
important safety concerns deserve to be heard and acted upon by TSA.
  Mr. Speaker, I thank the chairman for his help and assistance. I urge 
all Members to support this legislation, and I reserve the balance of 
my time.
  Ms. BARRAGAN. Mr. Speaker, I rise in support of H.R. 3669, the 
Securing General Aviation and Commercial Charter Air Carrier Service 
Act of 2017, and I yield myself such time as I may consume.
  Mr. Speaker, general aviation flights, such as those that fly out of 
Compton/Woodley Airport in my district, are integral to our Nation's 
aviation system.
  The Securing General Aviation and Commercial Charter Air Carrier 
Service Act of 2017 seeks to improve and streamline security measures 
for general aviation and commercial charter air carriers. Importantly, 
H.R. 3669 incorporates two key Democratic amendments that were adopted 
with bipartisan support.

                              {time}  1700

  First, an amendment from the gentlewoman from New Jersey (Mrs. Watson 
Coleman) ensures that the Aviation Security Advisory Committee can 
continue to operate independently and clarifies that the TSA 
Administrator retains the authority to make security decisions.
  As amended, the bill would drive TSA to move swiftly to act upon 
recommendations, with which it concurs, that the TSA's advisory 
committee issued regarding general aviation security.
  Secondly, the bill incorporates an amendment by Representative Bennie 
Thompson, our ranking member, to require TSA to conduct a feasibility 
study of requiring security threat assessments for all candidates 
seeking flight school training to operate large aircraft. Such a study 
would help inform our efforts in Congress to push TSA towards more 
effective and comprehensive vetting of flight students.
  Under current TSA procedures, a student seeking flight training on 
aircraft weighing more than 12,500 pounds is not always vetted against 
the terrorist watch list prior to the commencement of such training. 
Sixteen years after 9/11 attacks, more must be done to block security 
loopholes that were exploited by the 9/11 hijackers. Making sure that 
anyone who wishes to pilot a large plane is subject to the same level 
of vetting that a passenger who boards the plane would receive is 
common sense.
  Mr. Speaker, I urge my House colleagues to support this legislation, 
and I reserve the balance of my time.
  Mr. ESTES of Kansas. Mr. Speaker, I yield 3 minutes to the gentleman 
from New York (Mr. Katko).
  Mr. KATKO. Mr. Speaker, I rise in strong support of H.R. 3669, the 
Securing General Aviation and Commercial Charter Air Carrier Service 
Act of 2017, which has been championed by my good friend and colleague, 
Mr. Estes.
  As chairman of the Subcommittee on Transportation and Protective 
Security, I appreciate the significant security challenges facing all 
modes of America's transportation systems, including the often 
overlooked general aviation and commercial charter sectors.
  As we saw this morning with the terrorist attack in New York City 
against a surface transportation hub, large commercial airliners are 
not the only target on terrorists' minds, and we must not allow 
ourselves to be negligent towards the security of all sectors of 
transportation security.
  During his short time in Congress, Congressman Estes has quickly 
become one of the most forward-leaning members of the Homeland Security 
Committee on issues relating to aviation security. Mr. Estes' 
legislation will make significant strides in closing security 
vulnerabilities in general aviation's ability to screen and vet 
passengers and crew, while better protecting individuals' personally 
identifiable information from potential exploitation.
  Additionally, this bill will hold the Transportation Security 
Administration accountable to important security recommendations from 
the Aviation Security Advisory Committee, including those relating to 
the security vetting for flight school applicants in the United States.
  This bill will ensure that the general aviation community, which is 
often overlooked by TSA, will have a voice within the agency by 
requiring TSA to designate personnel to be responsible for stakeholder 
engagement within the general aviation community.
  Mr. Speaker, I was honored to have Representative Estes join me and 
other bipartisan colleagues on a recent congressional delegation to the 
Middle East and Europe where we examined a number of aviation security 
threats and mitigation efforts. Our delegation, combined with our 
continuous oversight efforts at home, have provided with us a stark, 
firsthand understanding of the security vulnerabilities facing our 
Nation's aviation systems.
  Because of this, I am extremely pleased that Mr. Estes' bill is being 
considered here before the House today. I urge my colleagues to support 
the bill and our efforts to improve the security of American aviation.
  Ms. BARRAGAN. Mr. Speaker, I am prepared to close, and I yield myself 
such time as I may consume.
  Mr. Speaker, H.R. 3669, is a sensible piece of legislation that seeks 
to ensure general aviation transportation in our country is secure. 
H.R. 3669 includes language which passed the House in a bipartisan 
fashion as part of the Department of Homeland Security Authorization 
Act to ensure available TSA resources can be used to assist in securing 
commercial charter flights.
  The bill also incorporates Democratic amendments to ensure the 
independence of the ASAC and to push TSA to study flight school student 
vetting. While large commercial aircraft operations receive the 
majority of TSA's attention and resources, we must not ignore the 
damage that could be inflicted by a terrorist attack on a general 
aviation flight.
  Mr. Speaker, I encourage my colleagues to support H.R. 3669, and I 
yield back the balance of my time.
  Mr. ESTES of Kansas. Mr. Speaker, I urge my colleagues to support 
this bill, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Poe of Texas). The question is on the 
motion offered by the gentleman from Kansas (Mr. Estes) that the House 
suspend the rules and pass the bill, H.R. 3669, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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