Civil Aviation Security and Safety Act of 2023

Subjects: Transportation and Public Works

Summary:  <p><strong>Civil Aviation Security and Safety Act of 202</strong><b>3</b></p> <p>This bill revises and sets forth new requirements for the registration of civilian aircraft.</p> <p>For example, the Federal Aviation Administration (FAA) must conduct a comprehensive review of the process under which it reviews and approves aircraft registration applications and dealer certificates.</p> <p>The bill revises application requirements for aircraft registration to include name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of an application.</p> <p>Additionally, the FAA must </p> <ul> <li>review Office of Foreign Assets Control sanctions data on applicants;</li> <li>ensure that all eligibility and registration information in an application is true and correct before issuing a registration or dealer certificate;</li> <li>increase the fees for registration to a level sufficient to cover the costs to collect and verify applicant data and the costs of inflation;</li> <li>provide to the Drug Enforcement Administration declarations of its international operations to maximize the ability of federal national security and law enforcement agencies in preventing use of the Civil Aviation Registry for illicit purposes and detecting trade-based money laundering and other cross-border schemes;</li> <li>implement an enforcement mechanism for suspending and revoking dealer certificates; and</li> <li> establish an Aircraft Registry Task Force to examine national security, law enforcement, and public safety issues related to civil aircraft registration and develop solutions to mitigate security and safety risks and increase interagency cooperation.</li> </ul>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1187 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1187

 To modify the requirements for the registration of certain aircraft, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 2023

  Mr. Lynch introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To modify the requirements for the registration of certain aircraft, 
                        and for other purposes.

    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 ``Civil Aviation Security and Safety 
Act of 2023''.

SEC. 2. COMPREHENSIVE REVIEW OF REGISTRATION APPLICATIONS.

    (a) In General.--The Administrator, in consultation with the Drug 
Enforcement Administration of the Department of Justice, Homeland 
Security Investigations of the Department of Homeland Security, the 
Office of Foreign Assets Control of the Department of Treasury, the 
National Transportation Safety Board, and the Office of the Inspector 
General of the Department of Transportation, shall conduct a 
comprehensive review of the process under which the Administration 
reviews and approves aircraft registration applications and dealer 
certifications under chapter 441 of title 49, United States Code.
    (b) Contents of Review.--The review under subsection (a) shall 
include the identification of criminal, national security, or safety 
risks arising from the Civil Aviation Registry process under chapter 
441 of title 49, United States Code.
    (c) Report to Congress.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall submit to the Committee 
on Transportation and Infrastructure and the Committee on Financial 
Services of the House of Representatives and the Committee on Commerce, 
Science, and Transportation and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report describing the results of the 
review under subsection (a).
    (d) Regulations Required.--Not later than 180 days after the 
submission of the report under subsection (c), the Administrator shall 
issue such regulations as are necessary to require the collection and 
recording of any personal identifiable information identified under the 
comprehensive review under subsection (a) determined to be reasonably 
necessary for the mitigation of criminal, national security, or safety 
risks under chapter 441 of title 49, United States Code.

SEC. 3. REGISTRATION OF AIRCRAFT.

    Section 44102 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Application Requirements.--
            ``(1) In general.--Each owner of an aircraft submitting an 
        application under this section shall include the name, address, 
        date of birth, driver's license or pilot's license (or both if 
        applicable), and applicant photos in the submission of such 
        application.
            ``(2) Submission by entity.--Each entity that is not 
        publicly traded submitting an application under this section 
        shall include--
                    ``(A) the name, date of birth, physical address, 
                and driver's license or pilot's license (or both if 
                applicable), and applicant photos for each individual 
                that owns more than 25 percent of the aircraft in the 
                submission of such application; and
                    ``(B) the name, physical address, State of 
                residence, and taxpayer identification number for each 
                entity that owns more than 25 percent of the aircraft 
                in the submission of such application.
    ``(d) Review of Information.--Beginning on the date of enactment of 
the Civil Aviation Security and Safety Act of 2023, the Administrator 
shall review Office of Foreign Assets Control sanctions data on 
individuals and entities described in subsection (c) with potentially 
significant responsibilities for aircraft ownership for coordination 
with the Office of Foreign Assets Control in order to identify Office 
of Foreign Assets Control-sanctioned applicants to the Office of 
Foreign Assets Control before issuing a registration or dealer 
certificate under this chapter.
    ``(e) Restriction of Certain Entities.--Notwithstanding any other 
provision of this chapter, the Administrator may not issue a 
registration or dealer certificate under this chapter to any individual 
or entity listed on the sanctions list of the Office of Foreign Assets 
Control.''.

SEC. 4. REGISTRATION REQUIREMENTS.

    Section 44103 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Verification of Eligibility.--Beginning on the date of 
enactment of the Civil Aviation Security and Safety Act of 2023, the 
Administrator shall ensure that all eligibility and registration 
information provided in an application for an aircraft under this 
chapter is true and correct and any deficiency described in subsection 
(f) is addressed before issuing a registration or dealer certificate 
under this chapter.
    ``(f) Authority To Make Modifications.--The Administrator shall 
make modifications in the application process under this chapter 
necessary to make the process more effective in serving the needs of--
            ``(1) buyers and sellers of aircraft;
            ``(2) officials responsible for enforcing laws related to 
        the regulation of controlled substances (as defined in section 
        102 of the Comprehensive Drug Abuse Prevention and Control Act 
        of 1970 (21 U.S.C. 802)); and
            ``(3) other users of the process.
    ``(g) Nature of Modifications.--Modifications made under subsection 
(e) of this section--
            ``(1) may include a system of titling aircraft or 
        registering all aircraft, even aircraft not operated;
            ``(2) shall ensure positive, verifiable, and timely 
        identification of the true owner; and
            ``(3) shall address at least each of the following 
        deficiencies in and abuses of the existing system:
                    ``(A) The registration of aircraft to fictitious 
                persons.
                    ``(B) The use of false or nonexistent addresses by 
                persons registering aircraft.
                    ``(C) The use by a person registering an aircraft 
                of a post office box or `mail drop' as a return address 
                to evade identification of the person's address.
                    ``(D) The registration of aircraft to entities 
                established to facilitate unlawful activities.
                    ``(E) The submission of names of individuals on 
                applications for registration of aircraft that are not 
                identifiable.
                    ``(F) The ability to make frequent legal changes in 
                the registration markings assigned to aircraft.
                    ``(G) The use of false registration markings on 
                aircraft.
                    ``(H) The illegal use of `reserved' registration 
                markings on aircraft.
                    ``(I) The large number of aircraft classified as 
                being in `self-reported status'.
                    ``(J) The lack of a system to ensure timely and 
                adequate notice of the transfer of ownership of 
                aircraft.
                    ``(K) The practice of allowing temporary operation 
                and navigation of aircraft without the issuance of a 
                certificate of registration.''.

SEC. 5. REGISTRATION FEES.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator shall issue such regulations as are necessary to 
increase the fees for registration of an aircraft under section 44103 
of title 49, United States Code, to a level sufficient to cover the 
costs of efforts of the Administration to collect and verify applicant 
data and to cover the costs of inflation (to reflect the change in the 
Consumer Price Index for All Urban Consumers).

SEC. 6. INFORMATION TECHNOLOGY MODERNIZATION.

    In carrying out this Act, the Administrator shall ensure that, as 
the Administration undertakes information technology modernization 
efforts, the information collected in ancillary files or in PDF format 
on owners and related individuals and entities with potentially 
significant responsibilities for aircraft ownership (including 
beneficial owners (as such term is defined in section 5901 of title 49, 
United States Code), trustors, trustees, beneficiaries, stockholders, 
directors, and managers) and declaration of international operations 
are recorded in an electronic format that facilitates data analytics by 
the Administration and relevant Federal national security, law 
enforcement, and public safety agencies. The Administrator shall ensure 
that such information is linked through a common identifier. The 
Administrator shall ensure that modernization efforts include the 
development and implementation of a process by which the Administration 
may easily review relevant Office of Foreign Asset Control sanctions 
data on registration and dealer certificate applicants under section 
44103 of title 49, United States Code, and flag sanctioned applicants 
for such Office.

SEC. 7. INTERNATIONAL OPERATIONS.

    The Administrator shall provide to the Drug Enforcement 
Administration and Homeland Security Investigations declarations of 
international operations of the Federal Aviation Administration to 
maximize the ability of Federal national security and law enforcement 
agencies to assist the Administration in preventing use of the Civil 
Aviation Registry for illicit purposes and detect trade-based money 
laundering and other cross-border schemes.

SEC. 8. SUSPENSION AND REVOCATION OF CERTIFICATES.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator shall issue such regulations as are necessary to 
implement an enforcement mechanism for suspending and revoking dealer 
certificates under chapter 441 of title 49, United States Code.

SEC. 9. AIRCRAFT REGISTRY TASK FORCE.

    (a) Establishment.--Not later than 30 days after the date of 
enactment of this Act, the Administrator shall establish an Aircraft 
Registry Task Force (in this section referred to as the ``Task Force'') 
to examine national security, law enforcement, and public safety issues 
related to civil aircraft registration and developing solutions to 
mitigate security and safety risks and increase inter-agency 
cooperation.
    (b) Membership.--The Task Force shall include--
            (1) the Administrator of the Administration; and
            (2) representatives of--
                    (A) the Drug Enforcement Administration;
                    (B) Homeland Security Investigations;
                    (C) the Office of Foreign Asset Control; and
                    (D) any other Federal national security, law 
                enforcement, or public safety entity determined 
                necessary by the Administrator to facilitate the task 
                force's mission.
    (c) Termination.--The Task Force under this section shall not 
terminate.
                                 &lt;all&gt;
</pre></body></html>