[Congressional Record Volume 164, Number 47 (Monday, March 19, 2018)]
[House]
[Pages H1671-H1673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              STRENGTHENING AVIATION SECURITY ACT OF 2018

  Mr. BACON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4467) to require the Federal Air Marshal Service to utilize risk-
based strategies, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4467

       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 ``Strengthening Aviation 
     Security Act of 2018''.

     SEC. 2. USE OF RISK-BASED STRATEGIES BY FEDERAL AIR MARSHAL 
                   SERVICE.

       (a) In General.--Subsection (a) of section 44917 of title 
     49, United States Code, is amended--
       (1) in paragraph (7), by striking ``and'' after the 
     semicolon at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(9) shall require the Federal Air Marshal Service to 
     utilize a risk-based strategy when allocating resources 
     between international and domestic flight coverage, including 
     when initially setting its annual target numbers of average 
     daily international and domestic flights to cover;
       ``(10) shall require the Federal Air Marshal Service to 
     utilize a risk-based strategy to support domestic allocation 
     decisions;
       ``(11) shall require the Federal Air Marshal Service to 
     utilize a risk-based strategy to

[[Page H1672]]

     support international allocation decisions; and
       ``(12) shall ensure that the seating arrangements of 
     Federal air marshals on aircraft are determined in a manner 
     that is risk-based and most capable of responding to current 
     threats to aviation security.''.
       (b) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall submit 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 report that describes the 
     compliance of the Federal Air Marshal Service with the 
     requirements specified in paragraphs (9) through (12) of 
     subsection (a) of section 44917 of title 49, United States 
     Code, as added by this Act, and the documented methodology 
     used by the Federal Air Marshal Service to conduct risk 
     assessments in accordance with such paragraphs.
       (c) Effective Date.--The Transportation Security 
     Administration shall begin carrying out the requirements 
     specified in paragraphs (9) through (12) of subsection (a) of 
     section 44917, United States Code, added by this Act, by not 
     later than the date that is 180 days after the date of the 
     enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nebraska (Mr. Bacon) and the gentlewoman from New Jersey (Mrs. Watson 
Coleman) each will control 20 minutes.
  The Chair recognizes the gentleman from Nebraska.

                              {time}  1700


                             General Leave

  Mr. BACON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nebraska?
  There was no objection.
  Mr. BACON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 4467, the Strengthening 
Aviation Security Act of 2018.
  Described by Chairman McCaul in his State of National Security 
Address as ``the crown jewel of ISIS and other terrorist groups,'' the 
American aviation industry remains a key target of terrorism.
  The Transportation Security Administration has made great strides in 
securing commercial flights, but the threat of evolving terror tactics 
requires a comprehensive, multilateral approach informed by data 
collected from industry.
  The TSA's risk management strategy for passenger aviation security is 
characterized by a multilayered approach, whereby the TSA deploys a 
variety of security countermeasures to detect and deter threats.
  Federal air marshals, also known as FAMs, are armed law enforcement 
officers deployed on passenger flights as part of the TSA's 
comprehensive security strategy to protect air passengers and crews 
against criminals and terrorists.
  Due to the high volume of passenger flights and limited resources at 
the TSA, it is imperative that FAM deployment is risk-based and 
strategic in order to achieve the greatest security value. However, a 
recent GAO report from September 2017 found that the TSA does not 
measure data on the efficacy and deterrence value of FAMs.
  Without viable metrics, it is impossible for the TSA to truly employ 
a calculated risk management strategy for passenger aviation security. 
Accordingly, the Strengthening Aviation Security Act of 2018 requires 
the Federal Air Marshal Service to utilize risk-based strategies for 
international and domestic flight coverage.
  This bill ensures that FAMs are deployed in a manner that adds 
strategic value to the TSA's multilayered security approach. As 
amended, the bill also requires the TSA to take their risk-based 
approach a step further by ensuring that FAMs are seated in tactical 
positions when deployed on the aircraft.
  Strategic seating arrangements will provide FAMs with a distinct 
advantage in the event of a threat to aviation security and ensure that 
they are more relevant to the important mission for which they are 
tasked.
  The Strengthening Aviation Security Act emphasizes the importance of 
intelligence-driven, risk-based decisions to make the best use of the 
Federal Air Marshal Service's resources and personnel.
  I thank the gentleman from Georgia (Mr. Jody B. Hice) for authoring 
this legislation, as well the chairman of the subcommittee, Mr. Katko, 
for his work on this bill. Additionally, I wish to thank the chairman 
of the full committee, Mr. McCaul, for moving the bill through the 
committee process.
  This bill will promote public confidence in the security of the 
Nation's aviation system and ensure that armed Federal law enforcement 
officers are deployed on passenger flights, where they are most needed.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 4467, the Strengthening 
Aviation Security Act of 2018.
  Mr. Speaker, it has been over 16 years since the September 11 
terrorist attacks. Since that time, our transportation security systems 
have evolved in a number of ways, from the creation of the TSA to the 
hardening of cockpit doors. An important change to security has been 
the evolution of the Federal Air Marshal Service. Federal air marshals 
are armed law enforcement officers who are deployed on domestic and 
international passenger flights to protect passengers and crew against 
terrorist attacks.
  On 9/11, the FAA employed a small number of Federal air marshals to 
serve as in-flight security on a small percentage of flights. After 9/
11, the Federal Air Marshal Service expanded rapidly; and, in 2005, it 
was transferred to the TSA, where it operates today.
  Today, air marshals contribute to aviation security by deploying on 
many domestic and international flights. They also help secure surface 
transportation systems and public airport areas as major participants 
in the TSA's Visible Intermodal Prevention and Response--or VIPR--
teams.
  To ensure the continued effectiveness of the air marshals, H.R. 4467 
requires the TSA to ensure that officers are deployed in a risk-based 
manner that is focused on maximizing effectiveness. As amended, the 
bill also ensures risk-based seating of air marshals on passenger 
aircraft to enable officers to respond effectively to security threats.
  This is a sensible bill to improve aviation security, and I urge my 
colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BACON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Georgia (Mr. Jody B. Hice), the sponsor of this bill.
  Mr. JODY B. HICE of Georgia. Mr. Speaker, I rise in strong support of 
my bill, H.R. 4467, the Strengthening Aviation Security Act.
  Mr. Speaker, last year, I learned that, while the Federal Air Marshal 
Service considers its travel budget and the number of personnel when 
determining which flights will be covered by air marshals, they do not 
consider risk.
  This current system might maximize the number of flights covered by 
air marshals, but it does not ensure that the highest risk flights--
those likely to be hijacked by a potential terrorist--would be covered 
by air marshals. The Strengthening Aviation Security Act would fix this 
flawed policy by requiring the Federal Air Marshal Service to 
incorporate risk in its deployment strategy in three ways:

  First, this legislation requires the Federal Air Marshal Service to 
utilize a risk-based strategy when allocating resources between 
international and domestic flight coverage. Currently, the Federal Air 
Marshal Service does not account for risk when it sets its annual 
target numbers of average international and domestic flights to cover.
  Second, this legislation requires the Federal Air Marshal Service to 
utilize a risk-based strategy to support domestic allocation decisions. 
Currently, these decisions are made based on the professional judgment 
of subject matter experts. Without documented risk assessments, the 
Federal Air Marshal Service cannot justify to the TSA, the Department 
of Homeland Security, or Congress why it chooses to deploy air marshals 
on certain flights and not on others.
  Third, this legislation requires the Federal Air Marshal Service to 
utilize

[[Page H1673]]

a risk-based strategy to support international allocation decisions.
  Shockingly, the Federal Air Marshal Service does not currently 
document the rationales for their international allocation decisions. 
Without this documentation, there is no verifiable method to determine 
whether the decisions are intelligence-driven, risk-based, or even in 
compliance with the TSA or DHS directives. Unless the Federal Air 
Marshal Service accounts for risk at every level of its deployment 
strategy, it cannot ensure that it is devoting its resources to cover 
the highest-risk flights.
  It is incumbent upon us in Congress to address any vulnerabilities to 
our national security and to enable our Federal agencies to effectively 
deter, detect, and disrupt any attacks planned by our enemies, and this 
legislation does just that.
  I would like to thank Chairman McCaul and Chairman Katko for their 
strong support of this legislation, and I urge all my colleagues to 
support this bill.
  Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, the threats to aviation continue to require constant 
vigilance and effective security solutions.
  The Federal Air Marshal Service does not have unlimited budgetary 
resources to deploy marshals on every passenger flight. As such, 
resources must be allocated based on risk. H.R. 4467 will help ensure 
that the TSA does just that, and I encourage my colleagues to support 
it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BACON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill makes total sense. If you are going to use 
Federal air marshals where they are needed most, it should be 
analytical and scientific-based so that we get the most bang for the 
buck.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nebraska (Mr. Bacon) that the House suspend the rules 
and pass the bill, H.R. 4467, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BACON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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