[Congressional Record Volume 158, Number 160 (Wednesday, December 12, 2012)]
[House]
[Pages H6728-H6731]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NO-HASSLE FLYING ACT OF 2012
Mr. KING of New York. Madam Speaker, I move to suspend the rules and
pass the bill (S. 3542) to authorize the Assistant Secretary of
Homeland Security (Transportation Security Administration) to modify
screening requirements for checked baggage arriving from preclearance
airports, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3542
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 ``No-Hassle Flying Act of
2012''.
SEC. 2. PRECLEARANCE AIRPORTS.
(a) In General.--Section 44901(d) of title 49, United
States Code, is amended by adding at the end the following
new paragraph:
``(4) Preclearance airports.--
``(A) In general.--For a flight or flight segment
originating at an airport outside the United States and
traveling to the United States with respect to which checked
baggage has been screened in accordance with an aviation
security preclearance agreement between the United States and
the country in which such airport is located, the Assistant
Secretary (Transportation Security Administration) may, in
coordination with U.S. Customs and Border Protection,
determine whether such baggage must be re-screened in the
United States by an explosives detection system before such
baggage continues on any additional flight or flight segment.
``(B) Aviation security preclearance agreement defined.--In
this paragraph, the term `aviation security preclearance
agreement' means an agreement that delineates and implements
security standards and protocols that are determined by the
Assistant Secretary, in coordination with U.S. Customs and
Border Protection, to be comparable to those of the United
States and
[[Page H6729]]
therefore sufficiently effective to enable passengers to
deplane into sterile areas of airports in the United States.
``(C) Report.--The Assistant Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Homeland
Security and Governmental Affairs of the Senate an annual
report on the re-screening of baggage under this paragraph.
Each such report shall include the following for the year
covered by the report:
``(i) A list of airports outside the United States from
which a flight or flight segment traveled to the United
States for which the Assistant Secretary determined, in
accordance with the authority under subparagraph (A), that
checked baggage was not required to be re-screened in the
United States by an explosive detection system before such
baggage continued on an additional flight or flight segment.
``(ii) The amount of Federal savings generated from the
exercise of such authority.''.
(b) Conforming Amendments.--Section 44901 of title 49,
United States Code, is amended by striking ``explosive'' each
place it appears and inserting ``explosives''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. King) and the gentleman from Mississippi (Mr. Thompson) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KING of New York. Madam Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks and include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KING of New York. Madam Speaker, I yield myself such time as I
may consume.
I rise in support of S. 3542, the No-Hassle Flying Act of 2012.
At the outset, let me commend the gentleman from Illinois,
Congressman Walsh, for introducing the House companion to this
important measure. H.R. 6028 passed the House in September by voice
vote.
Madam Speaker, this bill gives TSA the discretion to determine if
checked luggage arriving from a foreign airport with an aviation
security preclearance agreement must be rescreened before it continues
on to a connecting flight inside the U.S. The bill explicitly defines
such an agreement as one that delineates and implements security
standards and protocols that are determined by TSA, in coordination
with CBP, to be comparable to those of the U.S. and therefore
sufficiently effective to enable passengers to deplane into sterile
areas of airports in the United States.
This bill does not diminish aviation security but, rather,
streamlines the security process and allows TSA to expend resources on
baggage that has not already been screened to U.S. security standards.
It also supports TSA's ongoing efforts to implement risk-based,
intelligence-driven security initiatives.
TSA Administrator Pistole requested the new authority provided in
this bill in order to go beyond our borders in establishing robust
security measures and improving efficiency. I commend Administrator
Pistole for his leadership and efforts to improve aviation security.
In addition to streamlining security, this bill will incentivize our
foreign partners to improve the technology that they use to screen
checked baggage, which ultimately should increase the level of security
of inbound flights to the United States. The legislation will reduce
the number of missed connections and other hassles with redundant
baggage screening that can become barriers to international travel and
tourism. It's a win-win for passengers, the airline industry, and TSA
by shortening the time necessary for transit and transfer.
I urge the adoption of this bipartisan and commonsense bill, and I
reserve the balance of my time.
Mr. THOMPSON of Mississippi. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, I rise in strong support of S. 3542, the No-Hassle
Flying Act of 2012. I support this legislation because it represents a
commonsense proposal to make air travel more convenient and has the
potential to enhance efficiencies.
Currently, all baggage arriving at U.S. airports must be rescreened
prior to being loaded on a connecting flight. This is true even for
travelers arriving from designated preclearance airports where the
passengers themselves do not need to be screened again because DHS has
verified that screening at those airports is at least as effective as
our own. This dynamic places an unnecessary burden on TSA screeners,
the airlines, and the flying public who, on occasion, arrive at their
final destination only to find that their baggage has not.
As I stated when we considered the House companion to S. 3542 in
September, where we can eliminate duplicative screening without
compromising security, I will lend my support.
I commend Senator Klobuchar for her work on this legislation and
thank her for including important provisions I requested that require
TSA to coordinate with U.S. Customs and Border Protection when
determining what baggage must be rescreened in the United States.
Accordingly, I support this legislation that the Obama administration
proposed, and I reserve the balance of my time.
Mr. KING of New York. Madam Speaker, I yield such time as he may
consume to the gentleman from Illinois (Mr. Walsh). Let me take this
opportunity to commend him for the outstanding job he's done during his
time of service on the committee.
Mr. WALSH of Illinois. I thank Chairman King.
Earlier this year, I introduced the No-Hassle Flying Act, legislation
brought to our attention by the Transportation Security Administration.
Senators Klobuchar from Minnesota and Blunt of Missouri introduced my
original language in the Senate, and this is the bill we're considering
today.
Over the past decade, TSA has classified 14 foreign airports as
``precleared'' for security purposes. These airports are routinely
checked by TSA to ensure their screening procedures for both people and
bags meet the high standards of the United States, and, as such,
passengers originating from these airports and returning to the United
States are not required to go through physical security checks again.
Unfortunately, their bags are not excluded and must be rescanned and
rechecked. If you've ever had to do this during a layover at Chicago
O'Hare; Newark, New Jersey; or even Miami International, you know it's
not an easy task, especially in the middle of the night.
The bill before us allows TSA to waive the baggage screening
requirements as well. Giving TSA this kind of flexibility will allow
them to free up time and resources to focus on higher-risk baggage and
passengers and will also make traveling easier for those coming in and
out of the United States.
I want to thank my colleagues on the Homeland Security Committee--
especially Chairman King--and their staffs for the work they put into
this bill, along with Senators Klobuchar and Blunt, and, of course, TSA
for bringing this bill to our attention.
I urge all Members to vote in favor of this commonsense bipartisan
bill.
{time} 1440
Mr. THOMPSON of Mississippi. Madam Speaker, I yield such time as she
may consume to the ranking member of the Subcommittee on Transportation
Security of the Committee on Homeland Security, the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE of Texas. Let me thank the ranking member of the
committee. It's always good to be able to thank him, Madam Speaker, for
his leadership and service. I think we are safer because Members of
Congress like Congressman Thompson, the ranking member, and our
chairman, Congressman King, have, on a number of occasions, come
together around the idea of America's security. I want to express my
appreciation for having been able to serve on the committee for a
number of years.
It gives me also a moment to say to the Speaker, or to acknowledge
Congresswoman Emerson, for her service as well and to thank you so very
much for being a person who loves America. I think that should be our
litmus test when we rise on this floor for those of us who love this
country.
As the ranking member, and having served as the chairwoman of this
committee in previous terms, I know how important it is to provide
safety in the transportation modes for the United
[[Page H6730]]
States of America. This bill, the No-Hassle Flying Act of 2012--and I
thank the sponsor both in the House and the Senate--provides a measure
of recognition and acceptance of foreign countries that are making
efforts to have consistent security procedures and technology to have
an easier travel process for passengers who are deplaning in the United
States but going on to another domestic destination. So I want to
acknowledge the Senator from Minnesota, Ms. Klobuchar, who had this
legislation passed in the Senate, and our House sponsor as well.
What the basis of this legislation is, by relieving the need to
rescreen every piece of baggage arriving in the United States from
countries where we have strong bonds and screening agreements in place,
efficiencies will be realized and our screeners can focus more
attention on those items we know least about. And the term
``screeners,'' let me correct that and say the Transportation Security
Administration personnel. That is probably the most maligned group of
American public servants, those who work in the cause of the United
States and the safety and security of the United States. But at their
best, when they are trained, as I have worked so hard to insist on, to
increase their professional development training--and we have made
great strides with Administrator Pistole and previous administrators,
so much so that as I travel through airports I can see the sense of
pride and respect that this group of Americans have for their job. So
when we speak of screening, we're talking about serious work that has
to be done to ensure the safety and security of America.
We want to be able to work with our allies. This is not an
immigration reform initiative, but it is similar to the visa waiver
programs, where we have a list of countries that we feel confident that
their procedures are not only equal to ours, but their policies, their
alliance with us goes decades, and we believe that their citizens can
come into the United States.
This particular legislation tries to get the personnel of the TSA to
focus on race-based screening that many of my fellow members on the
committee have been calling for, and of course that the administrator
has listened to. This legislation represents the kind of commonsense
security measure this Congress must focus on to make both the
Department of Homeland Security and its components work more.
It is, of course, my hope that we can look forward to more work being
done with transportation security, that we can look to providing, as I
introduced legislation dealing with air marshals, both their funding
and increased utilization on some of our flights coming into the United
States; that we will have the opportunity to do a transportation
authorization bill again like the one I joined with Chairman Thompson
on and we reauthorized in the 111th Congress that drew bipartisan
support. And of course Mr. King has worked with us on this legislation.
So this particular No Fly for me has merit to it. But as I rise to
support the thought behind the legislation passed by the Senate, I also
remind our colleagues that air travel is still dangerous. Whether it is
the shoe bomber, whether it is the Christmas day bomber, whether it is
thwarted incidences that we will never hear about, whether it is the
constant reporting of intelligence and classified information that
suggests how vulnerable our airlines and airports are, whether it is an
accidental or incidental intrusion on the tarmac or the perimeters of
the airport, whether it is the accidental entry of a public person,
either visitor or traveling public, that goes into an unauthorized area
that causes airports to be shut down--incidences that occurred in
Newark and other places--we have to realize that we have to be
particularly sensitive to this question of securing the traveling
public, and particularly Americans. That is why, in the wisdom of the
Congress and others, we created the Transportation Security
Administration that had a mandated and Federalized workforce of
security screeners to inspect airline passengers and their baggage. It
gave them broad authority to assess the vulnerabilities in aviation
security and take steps to mitigate these risks. I'm glad that they
exist.
So I have an acute understanding of TSA's role in aviation security,
and I also appreciate congressional oversight. But I further appreciate
that, even with that broad discretion, we have to be keenly aware that
in the best of all circumstances some loophole, some misstep can occur.
I represent one of the largest systems, George Bush Intercontinental
Airport, the William Hobby system. As I would want for that airport
system, I would want a system of security for everyone. So this idea of
allowing unfettered transfer of your bags coming from a nation that has
been an ally, but that has put into place procedures that we can
document that are in fact adequate, accurate, and superior, I'm going
to raise it to that level, because adequacy is not a basis for fighting
the dangers of terrorism.
I only raise a flag of caution--and maybe a red flag--that it is
important that the Department of Homeland Security study this
carefully. Make sure that they look at the technology and look at the
process that in essence will be put in place. Because, again, all good
things are meant for good, but we know what can happen if in some way
we are in error. I don't want this to be a basis for error, I want this
to be a basis for good. I want this to be the intention of the bill,
which is to ameliorate some of those delays associated with the
rescreening of bags transported on commercial flights from
international locations.
I want those traveling to the United States to be welcomed with a
smile who are here to do good, and I want them not to miss their
connecting flight--and it might be one of us. But our main focus is to
secure the homeland.
So to my colleagues, to the chairman and ranking member, I join you
in supporting this legislation, but I ask that the Department of
Homeland Security, the Assistant Secretary of Homeland Security, who is
to give this discretion to waiving rescreening pursuant to a
preclearance agreement between the United States and a foreign nation,
that seeks to ensure this process works, be very keen and careful of
reviewing the process, having the resources to ensure that the
technology is superior and that we are constantly reviewing how this is
working.
I'm sure that we will see many smiles of our traveling public. They
will welcome that convenience. In the course of the convenience, I also
argue for security. I know that that will be the case.
I will ask my colleagues to support this legislation, and as well, we
continue to secure the homeland.
Mr. KING of New York. Madam Speaker, I have no further speakers. If
the gentleman from Mississippi also has none, I'm prepared to close
once the gentleman does.
{time} 1450
Mr. THOMPSON of Mississippi. Madam Speaker, I have no more speakers,
and I am prepared to close.
There are areas where TSA needs to improve its performance. On that
we can all agree. Just last week, GAO released a report detailing TSA's
failure to properly oversee privatized screeners and revealing that
some airports with their privatized screeners do not perform as well as
their federalized counterparts.
I look forward to addressing those issues with my colleagues on the
Committee on Homeland Security in the 113th Congress.
Today, we have an opportunity to support legislation supported by
industry, the Obama administration, and TSA that has the potential to
enhance the efficiency and cost effectiveness of screening baggage.
With that, Madam Speaker, I urge my colleagues to support S. 3542 so
it can be sent to the President for his signature and yield back the
balance of my time.
Mr. KING of New York. Madam Speaker, I urge the adoption of this
bipartisan, commonsense bill, and I yield back the balance of my time.
Ms. JACKSON LEE of Texas. Madam Speaker, I rise in strong support of
S. 3542, the ``No-Hassle Flying Act of 2012.'' This legislation,
proposed by the Obama Administration and introduced by the Senator from
Minnesota, Ms. Klobuchar, was passed by the Senate with unanimous
support and should receive the support of the House today.
By relieving the need to re-screen every piece of baggage arriving in
the United States from countries where we have strong bonds
[[Page H6731]]
and screening agreements in place, efficiencies will be realized and
our screeners can focus more attention on those items we know least
about.
That is the kind of risk based screening that I and my fellow members
of the Committee on Homeland Security have been calling for.
Thankfully, under Administrator Pistole's leadership, are calls are
being heeded.
This legislation represents the kind of common sense security measure
this Congress must focus on to make both the Department of Homeland
Security and its components work more efficiently and effectively.
It is my hope that in the next Congress we will see more proposals on
the House floor regarding the Transportation Security Administration
that can garner bipartisan support.
During the 111th Congress, during my tenure as Chair of the Committee
on Homeland Security's Subcommittee on Transportation Security, the
House considered and passed the TSA Authorization bill that I authored
with overwhelming bipartisan support.
Unfortunately, no such legislation was produced for consideration by
the House this Congress.
I look forward to working with my colleagues on the Committee in the
next Congress to ensure we get back to the work of authorizing the
critical programs of the TSA.
Our airports are a critical point of entry to our nation, and our
airplanes remain vulnerable to terrorist plots as a result of their
inherent potential to cause massive destruction and human casualties.
In the aftermath of the September 11, 2001 attacks, which exposed
significant vulnerabilities in our airport security, the 107th Congress
moved quickly to pass the Aviation and Transportation Security Act.
The Transportation Security Act created the Transportation Security
Administration (TSA) and mandated a federalized workforce of security
screeners to inspect airline passengers and their baggage. The act gave
TSA broad authority to assess vulnerabilities in aviation security and
take steps to mitigate these risks.
As Ranking Member of the Subcommittee on Transportation on the
Committee on Homeland Security, I have an acute understanding of TSA's
role in aviation security, which has been the subject of considerable
congressional oversight.
Moreover, this issue is one that impacts my constituents immensely,
as my district is home to the Houston Airport System, which is one of
North America's largest public airport systems and includes George Bush
Intercontinental Airport, William P. Hobby Airport, and Ellington
Airport.
In 2010, the Houston Airport System served more than 49.5 million
passengers, including more than 8.5 million international travelers.
The American people expect Members of Congress to ensure that when
they board a plane for business or pleasure, all passengers and their
accompanying baggage have been thoroughly screened so as to prevent
terrorists and their tools of destruction from posing a danger to
passengers.
This issue is something that we understand as Members of Congress;
many of us, including myself, fly on commercial airlines when we travel
to and from our respective districts. Like the rest of the public, we
expect that when we board a flight, it is secure and that we will
safely arrive at our destinations within a reasonable amount of time.
While we should balance the need for thorough screening with the
ideals of speed and convenience, we must continue to ensure that we are
doing whatever is necessary to protect passengers on commercial flights
from the dangers of terrorism. We know that many Americans and others
traveling to our country are often frustrated by the time it may take
to have themselves and their baggage processed through airports.
This bill intends to ameliorate some of these delays associated with
the rescreening of baggage transported on commercial flights
originating from international locations.
This would be achieved by giving the Assistant Secretary of Homeland
Security the discretion to waive rescreening pursuant to a preclearance
agreement between the United States and a foreign nation that seeks to
ensure that adequate screening procedures were undertaken at the point
of origin.
The idea is that baggage that has already been adequately screened by
one airport does not need to be screened again once it arrives at one
of our airports.
As Members of Congress, we should continue to look for areas in our
airport security procedures that we can modify in order to make travel
more convenient for passengers that do not compromise their safety.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. King) that the House suspend the rules and
pass the bill, S. 3542.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________