[House Report 115-346]
[From the U.S. Government Publishing Office]


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]