I 
114TH CONGRESS 
2D SESSION 
H. R. 5728 
To prohibit scheduled passenger air transportation between the United States 
and Cuba until a study has been completed regarding security measures 
and equipment at Cuba’s airports, to amend title 49, United States 
Code, to clarify the role of the Secretary of Homeland Security regarding 
security standards at foreign airports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2016 
Mr. KATKO (for himself, Mr. MCCAUL, Mr. HUDSON, and Mr. CUELLAR) in-
troduced the following bill; which was referred to the Committee on 
Homeland Security, and in addition to the Committee on Foreign Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To prohibit scheduled passenger air transportation between 
the United States and Cuba until a study has been 
completed regarding security measures and equipment 
at Cuba’s airports, to amend title 49, United States 
Code, to clarify the role of the Secretary of Homeland 
Security regarding security standards at foreign airports, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cuban Airport Secu-
rity Act of 2016’’. 
SEC. 2. FLIGHTS BETWEEN THE UNITED STATES AND CUBA. 
(a) IN GENERAL.—The Administrator of the Trans-
portation Security Administration shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the following 
aspects of security measures at each of Cuba’s ten inter-
national airports: 
(1) Details about the type of equipment used at 
screening checkpoints and an analysis of such equip-
ment’s capabilities and weaknesses. 
(2) Information about each such airport’s ca-
nine 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 en-
tering the United States. 
(6) Security of such airports’ perimeters. 
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(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) GAO AUDIT.—The Comptroller General of the 
United States shall submit to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate an audit of the report required under subsection 
(a). 
(c) FEDERAL AIR MARSHAL SERVICE.—The Sec-
retary of Homeland Security shall seek to establish an 
agreement with the Government of Cuba allowing the Fed-
eral Air Marshal Service to conduct missions on regularly 
scheduled passenger air transportation between a place in 
the United States and a place in Cuba. 
(d) TSA ACCESS TO CUBAN LAST POINT OF DEPAR-
TURE AIRPORTS.—The Secretary of Homeland security 
shall seek to establish an agreement with the Government 
of Cuba that allows Transportation Security Administra-
tion inspectors to access all areas of last point of depar-
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ture airports in Cuba for the purposes of security assess-
ments. 
(e) PROHIBITION.—No agreement dated on or after 
January 1, 2016, to expand regularly scheduled passenger 
air transportation between a place in the United States 
and a place in Cuba may be permitted until— 
(1) the report and audit described in sub-
sections (a) and (b) have been submitted; and 
(2) the agreements described in subsections (c) 
and (d) have been established. 
(f) STATUTORY CONSTRUCTION.—Nothing in this 
section may be constructed to affect charter passenger air 
transportation between a place in the United States and 
a place in Cuba. 
SEC. 3. SECURITY STANDARDS AT FOREIGN AIRPORTS. 
Section 44907 of title 49, United States Code, is 
amended— 
(1) in subsections (a) through (d), by striking 
‘‘Secretary of Transportation’’ each place it appears 
and inserting ‘‘Secretary of Homeland Security’’; 
and 
(2) in subsection (e), in the matter preceding 
paragraph (1)— 
(A) by striking ‘‘the Secretary of Trans-
portation, with the approval of the Secretary of 
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State and without notice or a hearing, shall’’ 
and inserting ‘‘at the request of the Secretary 
of Homeland Security and with the approval of 
the Secretary of State and without notice or a 
hearing, the Secretary of Transportation shall’’; 
and 
(B) by striking ‘‘when the Secretary of 
Transportation decides’’ and inserting ‘‘when 
the Secretary of Homeland Security decides’’. 
Æ 
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