[Congressional Record (Bound Edition), Volume 162 (2016), Part 4]
[House]
[Pages 5094-5097]
[From the U.S. Government Publishing Office, www.gpo.gov]




   SECURING AVIATION FROM FOREIGN ENTRY POINTS AND GUARDING AIRPORTS 
                 THROUGH ENHANCED SECURITY ACT OF 2016

  Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4698) to enhance aviation by requiring airport security 
assessments and a security coordination enhancement plan, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4698

       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 ``Securing Aviation from 
     Foreign Entry Points and Guarding Airports Through Enhanced 
     Security Act of 2016''.

     SEC. 2. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall conduct a 
     comprehensive security risk assessment of all last point of 
     departure airports with nonstop flights to the United States.
       (b) Contents.--The security risk assessment required under 
     subsection (a) shall include consideration of the following:
       (1) The level of coordination and cooperation between the 
     Transportation Security Administration and the foreign 
     government of the country in which the last point of 
     departure airport with nonstop flights to the United States 
     is located.
       (2) The intelligence and threat mitigation capabilities of 
     the country in which such airport is located.
       (3) The number of known or suspected terrorists annually 
     transiting through such airport.
       (4) The passenger security screening practices, 
     capabilities, and capacity of such airport.
       (5) The security vetting undergone by aviation workers at 
     such airport.
       (6) The access controls utilized by such airport to limit 
     to authorized personnel access to secure and sterile areas of 
     such airports.
       (7) The degree to which the government of the country in 
     which such airport is located mandates, encourages, or 
     prohibits the collection, analysis, or sharing of passenger 
     name records.

     SEC. 3. SECURITY COORDINATION ENHANCEMENT PLAN.

       (a) In General.--Not later than 240 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall submit to 
     Congress and the Government Accountability Office a plan--
       (1) to enhance and bolster security collaboration, 
     coordination, and information sharing relating to securing 
     international-inbound aviation between the United States and 
     domestic and foreign partners, including U.S. Customs and 
     Border Protection, foreign government entities, passenger air 
     carriers, cargo air carriers, and United States Government 
     entities, in order to enhance security capabilities at 
     foreign airports, including airports that may not have 
     nonstop flights to the United States but are nonetheless 
     determined by the Administrator to be high risk; and

[[Page 5095]]

       (2) that includes an assessment of the ability of the 
     Administration to enter into a mutual agreement with a 
     foreign government entity that permits Administration 
     representatives to conduct without prior notice inspections 
     of foreign airports.
       (b) GAO Review.--Not later than 180 days after the 
     submission of the plan required under subsection (a), the 
     Comptroller General of the United States shall review the 
     efforts, capabilities, and effectiveness of the 
     Transportation Security Administration to enhance security 
     capabilities at foreign airports and determine if the 
     implementation of such efforts and capabilities effectively 
     secures international-inbound aviation.

     SEC. 4. WORKFORCE ASSESSMENT.

       Not later than 270 days after the date of the enactment of 
     this Act, the Administrator of the Transportation Security 
     Administration shall submit to Congress a comprehensive 
     workforce assessment of all Administration personnel within 
     the Office of Global Strategies of the Administration or 
     whose primary professional duties contribute to the 
     Administration's global efforts to secure transportation 
     security, including a review of whether such personnel are 
     assigned in a risk-based, intelligence-driven manner.

     SEC. 5. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED 
                   STATES.

       (a) In General.--The Administrator of the Transportation 
     Security Administration is authorized to donate security 
     screening equipment to a foreign last point of departure 
     airport operator if such equipment can be reasonably expected 
     to mitigate a specific vulnerability to the security of the 
     United States or United States citizens.
       (b) Report.--Not later than 30 days before any donation of 
     security screening equipment pursuant to subsection (a), the 
     Administrator of the Transportation Security Administration 
     shall provide to the Committee on Homeland Security of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Commerce, Science, and Transportation of the Senate a 
     detailed written explanation of the following:
       (1) The specific vulnerability to the United States or 
     United States citizens that will be mitigated by such 
     donation.
       (2) An explanation as to why the recipient of such donation 
     is unable or unwilling to purchase security screening 
     equipment to mitigate such vulnerability.
       (3) An evacuation plan for sensitive technologies in case 
     of emergency or instability in the country to which such 
     donation is being made.
       (4) How the Administrator will ensure the security 
     screening equipment that is being donated is used and 
     maintained over the course of its life by the recipient.
       (5) The total dollar value of such donation.

     SEC. 6. NATIONAL CARGO SECURITY PROGRAM.

       (a) In General.--The Administrator of the Transportation 
     Security Administration may evaluate foreign countries' air 
     cargo security programs to determine whether such programs 
     provide a level of security commensurate with the level of 
     security required by United States air cargo security 
     programs.
       (b) Approval and Recognition.--
       (1) In general.--If the Administrator of the Transportation 
     Security Administration determines that a foreign country's 
     air cargo security program evaluated under subsection (a) 
     provides a level of security commensurate with the level of 
     security required by United States air cargo security 
     programs, the Administrator shall approve and officially 
     recognize such foreign country's air cargo security program.
       (2) Effect of approval and recognition.--If the 
     Administrator of the Transportation Security Administration 
     approves and officially recognizes pursuant to paragraph (1) 
     a foreign country's air cargo security program, cargo 
     aircraft of such foreign country shall not be required to 
     adhere to United States air cargo security programs that 
     would otherwise be applicable.
       (c) Revocation and Suspension.--
       (1) In general.--If the Administrator of the Transportation 
     Security Administration determines at any time that a foreign 
     country's air cargo security program approved and officially 
     recognized under subsection (b) no longer provides a level of 
     security commensurate with the level of security required by 
     United States air cargo security programs, the Administrator 
     may revoke or temporarily suspend such approval and official 
     recognition until such time as the Administrator determines 
     that such foreign country's cargo security programs provide a 
     level of security commensurate with the level of security 
     required by such United States air cargo security programs.
       (2) Notification.--If the Administrator of the 
     Transportation Security Administration revokes or suspends 
     pursuant to paragraph (1) a foreign country's air cargo 
     security program, the Administrator shall notify the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate not later than 30 days after 
     such revocation or suspension.

     SEC. 7. CHECKPOINTS OF THE FUTURE.

       (a) In General.--The Administrator of the Transportation 
     Security Administration, shall request the Aviation Security 
     Advisory Committee to develop recommendations for more 
     efficient and effective passenger screening processes.
       (b) Considerations.--In making recommendations to improve 
     existing passenger screening processes pursuant to subsection 
     (a), the Aviation Security Advisory Committee shall consider 
     the following:
       (1) The configuration of a checkpoint.
       (2) Technology innovation.
       (3) Ways to address any vulnerabilities identified in 
     audits of checkpoint operations.
       (4) Ways to prevent security breaches at airports at which 
     Federal security screening is provided.
       (5) Best practices in aviation security.
       (6) Recommendations from airport and aircraft operators, 
     and any relevant advisory committees.
       (7) ``Curb to curb'' processes and procedures.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator 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 recommendations 
     of the Aviation Security Advisory Committee under this 
     section, including any recommendations for improving 
     screening processes.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentleman from Mississippi (Mr. Thompson) 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 materials 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. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as I have come to appreciate the seriousness of the many 
threats facing our transportation systems, I realize that one of the 
most targeted and vulnerable points of attack exist for our 
international in-bound aviation. It is no secret that terror groups 
across the world value the horrific symbolism of bringing down an 
aircraft and are continuously plotting to take down planes. They 
recognize that it is easier for them to attack an aircraft destined for 
the United States from overseas rather than travel to the United States 
and then plot a domestic attack.
  This understanding is nothing new. My own district of Syracuse, New 
York, tragically learned of terrorists' determination to bring down 
airplanes when 35 Syracuse University students and students from other 
local universities, along with my close friend's sister, were killed in 
the Lockerbie bombing of Pan Am Flight 103 in 1988.
  Now, with the horrific attacks in Belgium against two transportation 
modes, including aviation, it has been reiterated that we must not wait 
for such attacks to occur in the homeland. We must be as determined to 
mitigate the threat as extremists are in perpetrating their attacks 
against us. The Brussels attacks took place against the European 
capital with one of the explosions occurring just a few blocks from the 
European Parliament.

                              {time}  1700

  I was near those sites not too long ago, where those explosions took 
place, when visiting Brussels as part of a congressional delegation 
focused on stemming the flow of ISIS-affiliated foreign fighters, so I 
am particularly reminded of how close to home such attacks really are.
  While a number of security enhancements have been made in recent 
months by the Department of Homeland Security, Transportation Security 
Administration, and airlines, more must be done. SAFE GATES is an 
important, bipartisan bill which requires TSA's Office of Global 
Strategies to comprehensively assess its own mission needs, with the 
intent of directing resources in a more intelligence-driven, risk-based 
manner.
  Further, the legislation directs TSA to provide better communication 
and foster stronger partnerships with foreign partners and airlines in 
order to make sure that everyone with a stake in securing aviation is 
aware of the serious threats facing our skies.

[[Page 5096]]

  Lastly, the SAFE GATES Act authorizes the donation of critical 
security screening equipment and bolsters TSA's authority to mandate 
overseas cargo security standards as a means of building capacity for 
the security of aircraft headed for the United States.
  Recently, our colleagues in the Senate added this language to 
authorizing language for the Federal Aviation Administration. During 
the amendment process, Chairman Thune of the Senate Commerce Committee 
added the text of this bill, along with some additional provisions, to 
push TSA to work toward developing a new generation of security 
screening checkpoints.
  This provision incorporates critical stakeholder feedback by 
empowering the Aviation Security Advisory Committee to make 
recommendations to the Administrator concerning checkpoints of the 
future. In preparation for bringing this legislation to the floor 
today, and in agreement with my Democratic colleagues, we have added 
this thoughtful provision to our bill as well.
  I would like to thank my bipartisan cosponsor, Congressman Keating, 
for his unwavering support of this critically important legislation. 
Moreover, I wish to thank the chairman of the full committee, Mr. 
McCaul, and the ranking member, Mr. Thompson, for moving this bill 
through committee so we can bring our efforts to bear on the House 
floor today.
  Lastly, I want to applaud Chairman Thune and Ranking Member Nelson of 
the Senate Commerce Committee for making sure that this bill text was 
added as a security provision to the Senate's FAA legislation, and I 
look forward to working closely with my Senate colleagues going forward 
to get this legislation to the President's desk.
  This legislation stands as a testament to the rare ability of 
Congress to come together in a bicameral and bipartisan manner to make 
the American people more secure. It also serves as a direct refute to 
those terrorists plotting to harm the American people, the American 
economy, and our right to move about freely without fear and without 
hindrance.
  I urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise in support of H.R. 4698, the SAFE GATES Act.
  Mr. Speaker, the legislation before us comes at a very important 
time. Recent events have fueled increased interest in addressing 
terrorism threats at overseas airports. Just last month, a terrorist 
cell carried out three simultaneous, coordinated attacks on the 
Brussels airport and a major rail station that resulted in the death of 
32 people and injuries to over 300 people. At the airport, terrorists 
filled large suitcases with nail bombs that were detonated in two 
separate explosions on the public side of the airport. This attack, in 
the heart of the European Union's capital, underscores the reality that 
the aviation sector continues to be a major terrorist target.
  Previously, in February, a terrorist boarded a commercial aircraft 
departing from Mogadishu with a bomb concealed in a laptop. The 
terrorist detonated the bomb aboard the aircraft, killing himself and 
injuring two others. Experts suggest that, had the terrorist detonated 
the bomb at a higher altitude, the damage to the plane would have been 
catastrophic and the aircraft would have been destroyed.
  The deadliest aviation attack in recent memory took place in October 
2015, when Metrojet flight 9268, departing from Sharm el-Sheikh 
International Airport, was blown up over the northern Sinai. This 
horrific tragedy resulted in the loss of 224 lives.
  H.R. 4698 is responsive to these devastating incidents. It focuses on 
last point of departure airports, or those airports that originate from 
foreign countries that fly to the U.S. nonstop, to airports within the 
U.S.
  H.R. 4698 requires TSA to do a security assessment of these airports 
and take into account: the level of coordination and cooperation 
between the countries in which the airports are located and TSA; the 
intelligence capabilities of each country; information on the numbers 
of known or suspected terrorists transiting through such airports; and 
the security screening capabilities at these airports.
  The legislation also requires TSA to submit a plan to bolster and 
enhance security collaboration between the U.S. and its foreign and 
domestic partners and authorizes TSA to donate security screening 
equipment to a foreign airport if it will reduce specific 
vulnerabilities to the security of the U.S. or U.S. citizens.
  In addition to codifying TSA's efforts to bolster security at last 
point of departure airports, H.R. 4698 also seeks to make enhancements 
to security screening at U.S. airports. Specifically, it directs TSA to 
request that the Aviation Security Advisory Committee develop 
recommendations to make passenger screening processes more efficient 
and effective.
  The areas that the ASAC would be considering include checkpoint 
configuration, technology innovation, and best practices within 
aviation security.
  As the lead author of legislation authorizing the ASAC, I strongly 
believe that this body, which is composed of key stakeholders from 
throughout the aviation community, is a positive catalyst for 
improvement within TSA.
  Mr. Speaker, I close by saying that there is bipartisan support for 
this legislation.
  While on the subject of addressing overseas threats, I would note 
that, in recent years, DHS has made great strides in pushing the 
borders out, that is, identifying and stopping overseas threats before 
they reach our borders. Congress needs to support these efforts.
  To that end, in the coming weeks, I will be introducing comprehensive 
legislation to expand and strengthen DHS' overseas program aimed at 
vetting and screening travelers to the U.S. My legislation, entitled 
Pushing Out America's Borders Act of 2016, seeks to accelerate DHS' 
efforts at expanding and establishing overseas posts for both CBP and 
ICE to conduct critical traveler vetting and screening operations.
  With the passage of H.R. 4698 today, the House is poised to raise the 
level of aviation security overseas. The next challenge for this body 
is to support DHS in its efforts to take more proactive approaches to 
pushing out our Nation's border security.
  Mr. Speaker, I appreciate Mr. Katko's cooperation in making sure that 
this bill was brought to the floor. We had a couple of hiccups along 
the way, but we worked them out. This is really how it should be done, 
and I appreciate the gentleman's help in getting us there.
  Mr. Speaker, I yield back the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, the time to act is now. Threats to international-bound 
aviation are proliferating every day, and the Department of Homeland 
Security, TSA, and airlines need the adequate tools and authorities 
necessary to ensure the safety and security of traveling Americans.
  Without the authorities and oversight built into this legislation, I 
fear that Congress will not be doing all it can to stay ahead of the 
persistent threats posed by violent extremists. We have seen the threat 
they pose in Brussels and in last year's attacks on airliners overseas. 
So we must not wait to mitigate these threats until it is too late.
  I thank my colleagues on both sides of the aisle and on both sides of 
Capitol Hill for working together to develop this important piece of 
legislation. I again urge my colleagues to support this bill.
  I want to thank the ranking member for his cooperation. Yes, we had 
some hiccups, but that is part of the process. The fact of the matter 
is that we had a very good bill by working together and talking 
together. While the last colloquy on the last bill, H.R. 2820, showed 
we do have differences, I dare say that on the Homeland Security 
Committee we have far more agreements than we have disagreements, and I 
hope we can continue in that manner going forward.
  I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 4698, the 
``Securing Aviation

[[Page 5097]]

from Foreign Entry Points and Guarding Airports through Enhanced 
Security Act of 2016.''
  As a senior member of the House Committee on Homeland Security, the 
Ranking Member of the Judiciary Subcommittee on Crime, Terrorism, 
Homeland Security and Investigations, and a former chair of the 
Homeland Security Subcommittee on Transportation and Security, I have 
been committed to protecting and improving the security of our nation's 
airways.
  The Transportation Security Administration (TSA) needs all the 
support we can provide to aid them in protecting our nation against 
security threats.
  The critical work of TSA agents around the country provides security 
for the nation's airports, maintains a security force to screen all 
commercial airline passengers and baggage, and works with the 
transportation, law enforcement and intelligence communities to ensure 
safety.
  In 2015, TSA officers screened 708,316,339 million passengers (more 
than 1.9 million per day) at more than 450 airports across the nation--
which is 40,780,330 million more passengers than for the same timeframe 
in 2014.
  In addition to screening more than 708 million passengers last year, 
TSA officers also screened 1.6 billion carry-on bags, 432 million 
checked bags and 12.9 million airport employees.
  Obtaining critical information about TSA's procedures and planning 
while handling enhanced security screenings throughout the country will 
only make us stronger and safer.
  The Congressional District I represent in Houston, Texas is home to 
two of the world's busiest airports.
  The Bush International and the William P. Hobby Airports are 
essential hubs for domestic and international air travel for Houston 
and the region.
  Nearly 40 million passengers traveled through Bush International 
Airport (IAH) and an additional 10 million traveled through William P. 
Hobby (HOU).
  IAH is the 11th busiest airport in the U.S. for total passenger 
traffic with more than 650 daily departures.
  Since January, IAH has seen a significant increase in both 
international and domestic travelers. International travel in the first 
half of 2015 increased by 3.9 percent compared to the same period last 
year. More than 5.1 million international passengers boarded flights 
out of IAH.
  It is estimated that at the current rate, IAH could see nearly 10.2 
million international passengers by the end of the year.
  In October 2015, in an effort to re-establish the airport's daily 
international air service, the William P. Hobby Airport opened a new 
280,000 foot complex that includes five gates for its international 
concourse.
  This addition is expected to support travel service for nearly 7,500 
international passengers and 25 departing flights a day.
  Enhanced security protects our economic interests, more importantly; 
implementing this bill will protect our citizens.
  H.R. 4698 will direct the TSA to conduct a comprehensive security 
risk assessment of all last point of departure airports with nonstop 
flights to the United States.
  H.R. 4698 will also require TSA to submit to Congress and the 
Government Accountability Office (GAO) a plan to:
  --enhance collaboration, coordination, and information-sharing about 
international-inbound aviation between the United States and domestic 
and foreign partners in order to enhance security capabilities at 
foreign airports,
  --assess TSA ability to enter into a mutual agreement with a foreign 
government entity to permit TSA representatives to conduct inspections 
of foreign airports without prior notice.
  Through H.R. 4698:
  GAO will review TSA efforts to enhance security capabilities at 
foreign airports and secure international-inbound aviation.
  TSA will submit to Congress a comprehensive workforce assessment of 
all TSA personnel within its Office of Global Strategies or whose 
primary professional duties contribute to the TSA's global efforts to 
secure transportation security, including whether they are assigned in 
a risk-based, intelligence-driven matter.
  TSA may donate security screening equipment to a foreign last point 
of departure airport operator if the equipment can be expected to 
mitigate a specific vulnerability to U.S. security or U.S. citizens.
  TSA may evaluate foreign countries' air cargo programs to determine 
whether they provide a level of security commensurate with that 
required by U.S. air cargo security programs.
  Mr. Speaker, we cannot wait until our security is breached by 
terrorists before we act, otherwise we would not have learned the 
lessons of September 11, 2001.
  I urge my colleagues on the Committee to join me in supporting this 
important step forward to protecting our airports.
  The SPEAKER pro tempore (Mr. Jody B. Hice of Georgia). 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. 4698, as 
amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________