[Congressional Record Volume 163, Number 170 (Monday, October 23, 2017)]
[House]
[Pages H8049-H8052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   CUBAN AIRPORT SECURITY ACT OF 2017

  Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3328) to require a study regarding security measures and 
equipment at Cuba's airports, require the standardization of Federal 
Air Marshal Service agreements, require efforts to raise international 
aviation security standards, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3328

       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 2017''.

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

       (a) In General.--The Administrator of the Transportation 
     Security Administration shall brief the Committee on Homeland 
     Security of the House of Representatives, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Comptroller General of the United States 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) Public Disclosure of Certain Agreements.--
       (1) Disclosure required.--No United States air carrier that 
     has entered into a covered agreement may employ a Cuban 
     national pursuant to 31 CFR 515.573 after the date that is 30 
     days after the date of the enactment of this Act unless the 
     air carrier has publicly disclosed the full text of the 
     covered agreement.
       (2) Hiring and training requirements.--Notwithstanding any 
     other provision of law or regulation, to the extent 
     practicable, Cuban nationals referred to in paragraph (1) 
     shall not have been recruited, hired, or trained by entities 
     that are owned, operated, or controlled, in whole or in part, 
     by Cuba's

[[Page H8050]]

     Council of State, Council of Ministers, Communist Party, 
     Ministry of the Revolutionary Armed Forces, Ministry of 
     Foreign Affairs, or Ministry of the Interior.
       (3) Covered agreement.--In this subsection, the term 
     ``covered agreement'' means a formal agreement between a 
     United States air carrier with passenger air service between 
     any location in Cuba and any location in the United States 
     and the Empresa Cubana de Aeropuertos y Servicios 
     Aeronauticos or any other entity associated with the 
     Government of Cuba.

     SEC. 3. FEDERAL AIR MARSHAL SERVICE AGREEMENTS.

       (a) Standardization.--Not later than 60 days after the date 
     of the enactment of the Act, the Administrator of the 
     Transportation Security Administration shall develop a 
     standard working document to serve as the basis for all 
     negotiations and agreements that begin after such date 
     between the United States and foreign governments or partners 
     regarding Federal Air Marshal coverage of flights to and from 
     the United States.
       (b) Written Agreements.--All agreements between the United 
     States and foreign governments or partners regarding the 
     presence of Federal Air Marshals on flights to and from the 
     United States pursuant to subsection (a) shall be written and 
     signed by the Secretary of Homeland Security or the 
     Secretary's designee.
       (c) Congressional Notification.--The Secretary of Homeland 
     Security shall submit to the Committee on Homeland Security 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate any 
     agreement entered into under this section within 30 days of 
     such agreement being signed.

     SEC. 4. INTERNATIONAL CIVIL AVIATION ORGANIZATION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the United States Ambassador or 
     the Charge d'Affaires to the United States Mission to the 
     International Civil Aviation Organization shall pursue 
     improvements to airport security, including if practicable, 
     introducing a resolution to raise minimum standards for 
     airport security.
       (b) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the United States 
     Ambassador or the Charge d'Affaires to the United States 
     Mission to the International Civil Aviation Organization 
     shall report to the Committee on Homeland Security and the 
     Committee on Foreign Affairs of the House of Representatives 
     and the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Foreign Relations, and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the implementation of subsection (a).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentleman from Texas (Mr. Vela) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. KATKO. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days within which to revise and extend their remarks and 
include any extraneous material on the bill under consideration.


 =========================== NOTE =========================== 

  
  October 23, 2017, on page H8050, the following appeared: Mr. 
KATKO. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days within which to revise and extend their remarks 
and include any extraneous material on the bill under 
characterization.
  
  The online version has been corrected to read: Mr. KATKO. Mr. 
Speaker, I ask unanimous consent that all Members have 5 
legislative days within which to revise and extend their remarks 
and include any extraneous material on the bill under 
consideration.


 ========================= END NOTE ========================= 

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of legislation that will address 
the critical need to enhance security at airports in Cuba and across 
the globe.
  Last week, I had the privilege to lead a congressional delegation 
overseas to see firsthand investments our foreign partners in Europe 
and the Middle East have made to enhance aviation security. We face an 
unprecedented threat landscape, and they are clearly responding to it.
  In order to keep Americans safe, we must advance collaborative 
counterterrorism efforts with our allies and take a more stringent and 
risk-based approach with countries that are more hostile to the United 
States.
  In leading this delegation to examine aviation security at 
international airports, I had the opportunity to meet with many members 
of our Foreign Service and military, who all work tirelessly on behalf 
of all of us to advance America's interests abroad.
  Unfortunately, it has recently come to light that more than 20 of our 
American diplomats who were working at the United States Embassy in 
Havana were the victims of a sonic attack. As a result, many of these 
members of our Foreign Service have been diagnosed with serious 
injuries and dangerous symptoms, and, in some cases, even permanent 
brain damage.
  Reports indicate that these attacks started as early as May of 2016, 
exactly one year after the previous administration removed Cuba's 
designation as a state sponsor of terrorism. Our government told our 
diplomats Cuba was safe. The reality was quite the opposite, and, 
because of that mistake, some of our diplomats will pay a permanent 
price.
  These horrific attacks on members of our dedicated Foreign Service 
raise numerous questions about how much trust and, indeed, how much 
confidence we can have in the Cuban Government.
  We have to ask ourselves: If Cuba is unable to ensure the safety and 
security of foreign diplomats working in the embassies there, how can 
it possibly prevent terrorists and other nefarious actors from 
accessing its airports and infiltrating flights bound for the United 
States?
  I recall last year when the Obama administration entered into opening 
up flights to Cuba, they ceded so much of the authority to the Cuban 
Government, the communist Cuban Government, over who they are going to 
hire, who is going to work with the American agencies, and who is going 
to be in charge of security; and we have very little control and, 
indeed, very little oversight over anything to do with those airports, 
yet American citizens are going to be going there and possibly facing 
danger. That is a real concern.
  The legislation we are considering today requires that Cuba's 
airports be subjected to additional security to ensure that inbound 
flights to the United States are secure.
  I am not here today to relitigate the wider policy towards Cuba or 
the Cuban Government, but I am here to ensure that Cuba and the rest of 
the global aviation community are held to security standards that are 
sufficient in these modern times to respond to the evolving and 
sometimes grave threats that the aviation sector faces on a regular 
basis.
  The International Civil Aviation Organization standards, which 
currently serve as the benchmark minimum requirements for all airports 
with flights to the United States, are simply too weak; and I would 
submit that they are becoming outdated, given the fact that terrorism 
aspects nationwide and, indeed, worldwide routinely are adapting, and 
these standards are not.
  This legislation we are considering today requires the Trump 
administration to take steps to raise minimum standards which will 
elevate American aviation security around the globe.
  No matter how strong our domestic airport and aircraft security is, 
we must continue to raise the standard of global aviation security for 
foreign countries and last-point-of-departure airports. It is 
imperative that aviation security standards are robust and that these 
standards are commonplace in foreign countries, especially those with 
flights to the United States.
  It is also imperative that these countries meet these standards; not 
just say they are going to meet these standards, but that they are, in 
fact, meeting the standards, something we found out recently is not 
always the case.
  Confidence in aviation security at home begins with the assurance 
that our global partners are enforcing security standards abroad. By 
passing this bill today, we can demonstrate to the global community 
that the United States sees international aviation security as 
critical, because raising the aviation security standard abroad will 
obviously and ultimately keep us safe at home.
  Mr. Speaker, I would like to thank Chairman McCaul and Chairman Sires 
for joining me in championing this important piece of legislation.
  Mr. Speaker, I would also like to thank all the members of the 
Homeland Security Committee and their staffs for putting politics 
aside, as we often do on this great committee, and supporting this bill 
unanimously.
  Mr. Speaker, I urge my colleagues to join me in supporting this 
important piece of legislation to enhance our national security.
  Mr. Speaker, before I close, I would like to note and echo the 
sentiments of my colleague and leader of this committee, Mr. McCaul. 
There are more than 50 bills now sitting over in the Senate that have 
passed the House from the Homeland Security Committee. The very words 
``homeland security'' should not be of question, and they should not be 
something to serve

[[Page H8051]]

as an impediment to keeping our country safe; it should be just the 
opposite. Therefore, I join Mr. McCaul and urge my colleagues in the 
Senate to move swiftly on the passage of these bills to keep our 
country safe.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                  Washington, DC, August 30, 2017.
     Hon. Michael McCaul,
     Chairman, House Committee on Homeland Security, Washington, 
         DC.
       Dear Chairman McCaul: Thank you for consulting with the 
     Committee on Foreign Affairs on H.R. 3328, the Cuban Airport 
     Security Act of 2017.
       I agree that the Foreign Affairs Committee may be 
     discharged from further action on this bill so that it may 
     proceed expeditiously to the Floor, subject to the 
     understanding that this waiver does not in any way diminish 
     or alter the jurisdiction of the Foreign Affairs Committee, 
     or prejudice its jurisdictional prerogatives on this bill or 
     similar legislation in the future. The Committee also 
     reserves the right to seek an appropriate number of conferees 
     to any House-Senate conference involving this bill, and would 
     appreciate your support for any such request.
       I ask that you place our exchange of letters into the 
     Congressional Record during floor consideration of the bill. 
     I appreciate your cooperation regarding this legislation and 
     look forward to continuing to work with you as this measure 
     moves through the legislative process.
           Sincerely,
                                                  Edward R. Royce,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                               Washington, DC, September 13, 2017.
     Hon. Edward R. Royce,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Chairman Royce: Thank you for your letter regarding 
     H.R. 3328--the ``Cuban Airport Security Act of 2017.'' I 
     appreciate your support in bringing this legislation before 
     the House of Representatives, and accordingly, understand 
     that the Committee on Foreign Affairs will forego further 
     consideration of the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration of this bill at 
     this time, the Committee on Foreign Affairs does not waive 
     any jurisdiction over the subject matter contained in this 
     bill or similar legislation in the future. In addition, 
     should a conference on this bill be necessary, I would 
     support your request to have the Committee represented on the 
     conference committee.
       I will insert copies of this exchange in the report on the 
     bill and in the Congressional Record during consideration of 
     this bill on the House floor. I thank you for your 
     cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
     Chairman.
                                  ____

         Committee on Transportation and Infrastructure, House of 
                                                  Representatives,
                               Washington, DC, September 13, 2017.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: I write concerning H.R. 3328, the 
     Cuban Airport Security Act of 2017. This legislation includes 
     matters that fall within the Rule X jurisdiction of the 
     Committee on Transportation and Infrastructure.
       I recognize and appreciate your desire to bring this 
     legislation before the House of Representatives in an 
     expeditious manner, and accordingly, the Committee on 
     Transportation and Infrastructure will forego action on the 
     bill. However, this is conditional on our mutual 
     understanding that foregoing consideration of the bill does 
     not prejudice the Committee with respect to the appointment 
     of conferees or to any future jurisdictional claim over the 
     subject matters contained in the bill or similar legislation 
     that fall within the Committee's Rule X jurisdiction. 
     Further, this is conditional on our understanding that 
     mutually agreed upon changes to the legislation will be 
     incorporated into the bill prior to floor consideration. 
     Lastly, should a conference on the bill be necessary, I 
     request your support for the appointment of conferees from 
     the Committee on Transportation and Infrastructure during any 
     House-Senate conference convened on this or related 
     legislation.
       Finally, I would ask that a copy this letter and your 
     response acknowledging our jurisdictional interest be 
     included in the bill report filed by the Committee on 
     Homeland Security, as well as in the Congressional Record 
     during consideration of the measure on the House floor, to 
     memorialize our understanding. I look forward to working with 
     the Committee on Homeland Security as the bill moves through 
     the legislative process.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                               Washington, DC, September 13, 2017.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure,
     Washington, DC.
       Dear Chairman Shuster: Thank you for your letter regarding 
     H.R. 3328--the ``Cuban Airport Security Act of 2017.'' I 
     appreciate your support in bringing this legislation before 
     the House of Representatives, and accordingly, understand 
     that the Committee on Transportation and Infrastructure will 
     forego further consideration of the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration of this bill at 
     this time, the Committee on Transportation and Infrastructure 
     does not waive any jurisdiction over the subject matter 
     contained in this bill or similar legislation in the future. 
     In addition, should a conference on this bill be necessary, I 
     would support your request to have the Committee represented 
     on the conference committee. Further, the Committee on 
     Homeland Security agrees that mutually agreed upon changes to 
     the legislation will be incorporated into the bill prior to 
     floor consideration.
       I will insert copies of this exchange in the report on the 
     bill and in the Congressional Record during consideration of 
     this bill on the House floor. I thank you for your 
     cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

                              {time}  1645

  Mr. VELA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 3328, the Cuban Airport 
Security Act.
  The United States and the global aviation community face an adaptive 
and agile enemy. Terrorist groups continue to target passenger aircraft 
and pursue new attack methods.
  With those threats in mind, the legislation before us today focuses 
on raising the level of security in Cuba. H.R. 3328 will ensure that 
Congress is able to continue its oversight of the TSA's efforts to 
ensure the Cuban Government adopts aviation security initiatives and 
makes important security advancements. It is critical that the gains 
achieved are not eroded.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
(Mr. McCaul), the chairman of the Homeland Security Committee and my 
friend.
  Mr. McCAUL. Mr. Speaker, I rise today in support of the Cuban Airport 
Security Act. Last-point-of-departure airports are critically important 
to our homeland security. One only need look at the latest laptop ban 
that was instituted at 10 last-point-of-departure airports, given the 
fact that the terrorists have now learned how to turn them into 
explosive devices.
  The American people should have grave concern about the level of 
security in place at any foreign airport where the host government 
refuses to allow strict inspections of airport security by Members of 
Congress.
  As a footnote, Mr. Speaker, it was just last year that Mr. Katko and 
I applied for visas to the Government of Cuba to inspect these airports 
to see how safe they were, and the Cuban Government's response to that 
was to deny our visa applications.
  What is more concerning is that over the course of the last year, the 
United States Government personnel in Cuba have been targeted and 
subjected to harmful sonic attacks, which in some cases have caused 
permanent brain damage. This must not be tolerated.
  Too many questions remain when it comes to Cuba's airports. Congress 
is still largely in the dark in terms of Cuba's security equipment, 
training procedures, and other perimeter security.
  This bill takes an important step forward to shed light on current 
inadequacies and help to ensure proper oversight of inbound flights 
from Cuba to the United States.
  Mr. Speaker, I would like to commend my good friend from New York 
(Mr. Katko) for his continued leadership on aviation security and last-
point-of-departure airports, which has been critical in bringing these 
issues to the forefront, and I urge my colleagues to support this bill.
  Mr. VELA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the House Homeland Security Committee passed H.R. 3328, 
the Cuban Airport Security Act of 2017, by voice vote in September. 
While the legislation is focused on raising the level of aviation 
security in Cuba, it has broader implications.

[[Page H8052]]

  H.R. 3328 includes a provision requiring the TSA to develop a 
template for agreements with foreign partners for Federal air marshals 
to carry out security operations on flights departing or arriving on 
foreign soil.
  As Mr. Katko mentioned, just last week there were news reports that 
the DHS and the TSA had acknowledged that intelligence indicates that 
terrorists are plotting another massive attack on U.S. aircraft.
  In the current climate of aviation security threats, the United 
States has a critical role to play in raising the baseline of global 
aviation security to keep the traveling public safe, in coordination 
with our international partners.
  Mr. Speaker, I urge support for H.R. 3328, and I yield back the 
balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I urge my colleagues to support this bill for the 
reasons that I have already spoken about, but I do want to note that 
there are two things in this bill that are very important. One is to 
give us the ability to examine whether or not the airports in Cuba are 
indeed safe.
  As you heard from the statements earlier during this colloquy from 
myself, from Mr. Vela, and from Mr. McCaul, there are gaps in our 
knowledge of Cuba that are simply unique to most of the other aviation 
communities. It is incumbent upon us to try and find out what is going 
on down there.
  As my colleague, Mr. McCaul, stated, we were denied visas because 
they knew we were coming to look at their airports. They allow very 
little oversight from the TSA at their airports.
  They or someone in their country have attacked our embassy employees. 
The communist Cuban party controls the vast majority of what happens 
with aviation with very little knowledge of what the internal workings 
of that are. They are not collaborative partners at all, and that is a 
major concern.
  The other part of the bill is reviewing international aviation 
standards.
  Are they keeping up to date with evolving threats, such as the laptop 
threat and others that we know of around the world? Are they adhering 
to the standards that are set by the ICAO? And are those standards 
sufficient going forward?
  Those are all things we need to take a look at. I urge my colleagues 
to pass this bill because it is a Homeland Security bill. I hope that 
my colleagues in the Senate, including Senator Rubio, my good friend 
who is championing the companion bill, I hope that he pushes it over 
there quickly; and I hope we get this to the President's desk for 
signature because we can't mess with things that involve homeland 
security.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Katko) that the House suspend the rules 
and pass the bill, H.R. 3328.
  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.

                          ____________________