[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.

                          ____________________