[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5728 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5728

 To prohibit scheduled passenger air transportation between the United 
  States and Cuba until a study has been completed regarding security 
 measures and equipment at Cuba's airports, to amend title 49, United 
States Code, to clarify the role of the Secretary of Homeland Security 
    regarding security standards at foreign airports, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2016

   Mr. Katko (for himself, Mr. McCaul, Mr. Hudson, and Mr. Cuellar) 
 introduced the following bill; which was referred to the Committee on 
Homeland Security, and in addition to the Committee on Foreign Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To prohibit scheduled passenger air transportation between the United 
  States and Cuba until a study has been completed regarding security 
 measures and equipment at Cuba's airports, to amend title 49, United 
States Code, to clarify the role of the Secretary of Homeland Security 
    regarding security standards at foreign airports, 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 ``Cuban Airport Security Act of 
2016''.

SEC. 2. FLIGHTS BETWEEN THE UNITED STATES AND CUBA.

    (a) In General.--The Administrator of the Transportation Security 
Administration shall submit 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 following aspects of 
security measures at each of Cuba's ten international airports:
            (1) Details about the type of equipment used at screening 
        checkpoints and an analysis of such equipment's capabilities 
        and weaknesses.
            (2) Information about each such airport's canine program, 
        if used.
            (3) The frequency of training for screening and security 
        personnel.
            (4) Access controls in place to ensure only credentialed 
        personnel have access to the secure and sterile areas of such 
        airports.
            (5) An assessment of the ability of known or suspected 
        terrorists to use Cuba as a gateway to entering the United 
        States.
            (6) Security of such airports' perimeters.
            (7) A mitigation assessment regarding Man Portable Air 
        Defense Systems.
            (8) The vetting practices and procedures for airport 
        employees.
            (9) Any other information determined relevant to the 
        security practices, procedures, and equipment in place at such 
        airports.
    (b) GAO Audit.--The Comptroller General of the United States shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an audit of the report required under 
subsection (a).
    (c) Federal Air Marshal Service.--The Secretary of Homeland 
Security shall seek to establish an agreement with the Government of 
Cuba allowing the Federal Air Marshal Service to conduct missions on 
regularly scheduled passenger air transportation between a place in the 
United States and a place in Cuba.
    (d) TSA Access to Cuban Last Point of Departure Airports.--The 
Secretary of Homeland security shall seek to establish an agreement 
with the Government of Cuba that allows Transportation Security 
Administration inspectors to access all areas of last point of 
departure airports in Cuba for the purposes of security assessments.
    (e) Prohibition.--No agreement dated on or after January 1, 2016, 
to expand regularly scheduled passenger air transportation between a 
place in the United States and a place in Cuba may be permitted until--
            (1) the report and audit described in subsections (a) and 
        (b) have been submitted; and
            (2) the agreements described in subsections (c) and (d) 
        have been established.
    (f) Statutory Construction.--Nothing in this section may be 
constructed to affect charter passenger air transportation between a 
place in the United States and a place in Cuba.

SEC. 3. SECURITY STANDARDS AT FOREIGN AIRPORTS.

    Section 44907 of title 49, United States Code, is amended--
            (1) in subsections (a) through (d), by striking ``Secretary 
        of Transportation'' each place it appears and inserting 
        ``Secretary of Homeland Security''; and
            (2) in subsection (e), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``the Secretary of Transportation, 
                with the approval of the Secretary of State and without 
                notice or a hearing, shall'' and inserting ``at the 
                request of the Secretary of Homeland Security and with 
                the approval of the Secretary of State and without 
                notice or a hearing, the Secretary of Transportation 
                shall''; and
                    (B) by striking ``when the Secretary of 
                Transportation decides'' and inserting ``when the 
                Secretary of Homeland Security decides''.
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