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115th Congress    }                                       { Rept. 115-308
                         HOUSE OF REPRESENTATIVES
 1st Session      }                                       {   Part 1

======================================================================



 
                   CUBAN AIRPORT SECURITY ACT OF 2017

                                _______
                                

 September 13, 2017.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3328]

    The Committee on Homeland Security, to whom was referred 
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, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6
Additional Views.................................................     7

                          Purpose and Summary

    The purpose of H.R. 3328 is to require a study regarding 
security measures and equipment at Cuba's airports, require the 
standardization of Federal Air Marshal Service agreements, and 
to require efforts to raise international aviation security 
standards.

                  Background and Need for Legislation

    On December 17, 2014, President Obama announced a change in 
U.S. policy towards Cuba. After four rounds of talks and the 
bilateral meeting, on July 1, 2015, President Obama announced 
that ``the United States has agreed to formally re-establish 
diplomatic relations with the Republic of Cuba, and re-open 
embassies in our respective countries.'' On July 20, 2015, the 
``Interests'' sections located in Washington D.C. and Havana 
were converted into embassies and on August 14, 2015, Secretary 
of State Kerry traveled to Havana to raise the U.S. flag at the 
new embassy. On February 16, 2016, an agreement was signed that 
would allow ``more than 100 daily round-trip flights between 
the United States and Cuba.'' The Department of Transportation 
awarded 110 routes between Cuba and the United States to ten 
different U.S. air carriers. The first scheduled commercial 
flight from Fort Lauderdale, Florida, to Villa Clara, Cuba, 
took place on August 31, 2016.
    On March 17, 2016, the Transportation Security and 
Oversight and Management Subcommittees held a joint Member-
level briefing on aviation security in Cuba with the 
Transportation Security Administration (TSA). Due to concerning 
information that was brought to light during that briefing, the 
Transportation Security Subcommittee held a public hearing on 
May 17, 2016. The Administration witnesses stonewalled Members 
of Congress, claiming that answers to basic questions contained 
Security Sensitive Information (SSI) in spite of having briefed 
Committee members in March in an open setting. Chairman McCaul 
planned to lead a Congressional delegation to the island in 
June to examine first-hand the security at Cuba's airports, but 
all of the delegation's visas were denied.
    Despite the change in President Trump's June 2017 
announcment that travel and tourism would, again, be 
restricted, the Committee remains concerned about the security 
of Cuba's airport. Most notably, U.S. air carriers operating in 
Cuba must contract a vast majority of their operations support 
positions. These contracts are with the Empresa Cubana de 
Aeropuertos y Servicios is an entity run by the communist Cuban 
government. The airlines have no visibility into who the 
workers are, how they are vetted and how much they are paid. 
This raises serious concerns about the extent of the vetting of 
workers with access to sensitive areas of the airport given the 
potentially catastrophic security threat posed by a radicalized 
or corrupted individual with insider access.
    This bill also addresses concerns about the baseline 
security standards for airports that serve as Last Points of 
Departure to the United States by requiring that the U.S. 
representative to the International Civil Aviation Organization 
(ICAO) work to raise security standards globally. It also 
increases Congressional oversight of Federal Air Marshal 
Service agreements by requiring that the agreements be written 
and transmitted to Congress once signed. Currently, the 
Administration is not required to share information on these 
agreements with Congress and has been resistant to Committee 
oversight in the past.

                                Hearings

    The Subcommittee held no legislative hearings on H.R. 3328, 
but did hold oversight hearings which informed the legislation 
in the 114th Congress.
    On May 17, 2016, the Subcommittee on Transportation 
Security held a hearing entitled, ``Flying Blind: What Are The 
Security Risks of Resuming U.S. Commercial Air Service To 
Cuba?'' Testimony was received by Mr. Larry Mizell, TSA 
Representative for the Caribbean region at the Transportation 
Security Administration, Mr. Paul Fujimura, Assistant 
Administrator for the Office of Global Strategies at the 
Transportation Security Administration, Mr. John Wagner, Deputy 
Executive Assistant Commissioner for Customs and Border 
Protection at the U.S. Department of Homeland Security, Mr. 
Seth Stodder, Assistant Secretary for Border, Immigration and 
Trade Policy at the Department of Homeland Security, and Mr. 
Kurt Tong, Principle Deputy Assistant Secretary for the Bureau 
of Economic and Business Affairs at the U.S. Department of 
State.

                        Committee Consideration

    The Committee met on July 26, 2017, to consider H.R. 3328, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by voice vote.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during Committee 
consideration of H.R. 3328.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3328, the Cuban Airport Security Act of 2017, would result in 
no new or increased budget authority, entitlement authority, or 
tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 3328 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The bill requires the Administrator of the Transportation 
Security Administration (TSA) to brief the relevant committees 
and the Comptroller General of the United States on the details 
of the following security measures at each of Cuba's ten 
international airports: information about the type of equipment 
used at screening checkpoints and an analysis of such 
equipment's capability and weaknesses; information about each 
airport's canine program; the frequency of training for 
screening and security personnel; access controls in place to 
ensure only credentialed personnel have access to the secure 
and sterile areas of such airports; an assessment of the 
ability of known or suspected terrorists to use Cuba as a 
gateway to enter the United States; airport perimeter security; 
a mitigation assessment regarding Man Portable Air Defense 
Systems; the vetting practices and procedures for airport 
employees; and any other information determined relevant to the 
security practices, procedures and equipment in place at such 
airports.
    This legislation also requires that no U.S. carrier that 
has entered into a covered agreement pursuant to 31 C.F.R. 
515.573 may employ a Cuban national after a date that is 30 
days after enactment of this Act, unless the air carrier 
publicly discloses the full text of the covered agreement.
    This bill also directs the Administrator to develop a 
standard working document that shall be the basis of all 
negotiations and agreements between the FAMS and foreign 
governments and partners, which requires such agreements to be 
written and signed by the Secretary of Homeland Security of the 
Secretary's designee. Following the signing of such agreements, 
the relevant Congressional committees must be notified within 
30 days.
    Finally, this legislation directs the U.S. Ambassador or 
Charge d'Affaires to the United States Mission to the 
International Civil Aviation Organization to pursue 
improvements to airport safety and security, including 
introducing a resolution to raise minimum standards for airport 
safety and security if practicable, and report to the relevant 
Congressional Committees on the aforementioned efforts.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 21626 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3328 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3328 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Cuban Airport Security Act of 2017''.

Sec. 2.   Flights Between the United States and Cuba.

    This section requires the Administrator of the 
Transportation Security Administration (TSA) to provide a 
briefing to the relevant Congressional committees and the 
Comptroller General of the United States detailing the 
following security measures at each of Cuba's ten international 
airports: information about the type of equipment used at 
screening checkpoints and an analysis of such equipment's 
capability and weaknesses; information about each airport's 
canine program; the frequency of training for screening and 
security personnel; access controls in place to ensure only 
credentialed personnel have access to the secure and sterile 
areas of such airports; an assessment of the ability of known 
or suspected terrorists to use Cuba as a gateway to enter the 
United States; airport perimeter security; a mitigation 
assessment regarding Man Portable Air Defense Systems; the 
vetting practices and procedures for airport employees; and any 
other information determined relevant to the security 
practices, procedures and equipment in place at such airports.
    This section also requires that no U.S. carrier that has 
entered into a covered agreement pursuant to 31 C.F.R. 515.573 
may employ a Cuban national after a date that is 30 days after 
enactment of this Act, unless the air carrier publicly 
discloses the full text of the covered agreement. Covered 
agreement is defined as a formal agreement between a U.S. air 
carrier with passenger air service between Cuba and 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.

    This section directs the Administrator to develop a 
standard working document that shall be the basis of all 
negotiations and agreements between the FAMS and foreign 
governments and partners. This section also requires such 
agreements to be written and signed by the Secretary of 
Homeland Security of the Secretary's designee. Following the 
signing of such agreements, the relevant Congressional 
committees must be notified within 30 days.

Sec. 4.   International Civil Aviation Organizations.

    This section directs the U.S. Ambassador or Charge 
d'Affaires to the United States Mission to the International 
Civil Aviation Organization to pursue improvements to airport 
safety and security, including introducing a resolution to 
raise minimum standards for airport safety and security if 
practicable. This section also directs the Ambassador or Charge 
d'Affaires to report to the relevant Congressional committees 
on the aforementioned efforts.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 3328 makes no changes to existing law.


                            Additional Views

    I submit these additional views on H.R. 3328, the Cuban 
Airport Security Act of 2017. I do not understand the need for 
this bill. When you remove the two provisions that passed the 
House as a part of the Department of Homeland Security 
Reauthorization Act of 2017 (H.R. 2825), what we are left with 
is a bill that requires TSA to brief Congress on security 
measures at Cuban airports. I do not understand why a 
Republican Subcommittee Chairman would need legislation to get 
the Trump Administration to provide a Congressional briefing. 
Further, as I understand it, briefings on Cuba from the 
Transportation Security Administration (TSA) were provided to 
the House Committee on Homeland Security on March 7, 2016, 
March 17, 2016, June 23, 2016, August 10, 2016, and August 31, 
2016. I have yet to hear that TSA has refused to brief the 
Committee on matters of importance, such as this one.
    While H.R. 3328 passed our Committee on a voice vote, I 
would urge my colleagues not to use legislation to resolve 
issues that can be addressed through phone calls and calendar 
invites. This body has many, many other issues to be focused on 
in the 115th Congress and helping members organize briefings 
should not be one of them.
                                Bennie G. Thompson.