[House Report 115-608]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {     115-608

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



 
              STRENGTHENING AVIATION SECURITY ACT OF 2017

                                _______
                                

 March 19, 2018.--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

                        [To accompany H.R. 4467]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4467) to require the Federal Air Marshal Service 
to utilize risk-based strategies, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended 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.............................     4
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
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............     5

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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.

                          Purpose and Summary

    The purpose of H.R. 4467, the Strengthening Aviation 
Security Act of 2017, is to ensure that the Federal Air Marshal 
Service utilizes risk-based strategies and seating when 
allocating resources for international and domestic flight 
coverage to improve effectiveness. Additionally, it requires 
the Administrator of the Transportation Security Administration 
(TSA) to report to Congress about the compliance with these 
risk-based requirements.

                  Background and Need for Legislation

    The Federal Air Marshal Service is a Federal law 
enforcement agency within TSA that is responsible for 
detecting, deterring, and defeating hostile acts against 
aviation. Federal air marshals (FAMs) are armed law enforcement 
officers who are deployed on passenger flights worldwide to 
protect airline passengers and crew against criminals and 
terrorists. Given the high volume of daily flights--both 
domestic and international--and the limited resources and 
personnel at TSA, FAMs are not able to deploy on every flight 
departing from or landing in the U.S.
    Accordingly, TSA's ability to maximize the limited number 
of FAMs in order to achieve security effectiveness is an 
ongoing challenge. In September 2017, GAO reported that TSA 
does not measure data on the effectiveness and deterrence value 
of FAMs.\1\ This is a major problem for accountability--since 
FAMs deployment cost taxpayers $800 million in Fiscal Year 
2015--as well as for the value of the program itself, where the 
primary goal is to deter threats and minimize risk to 
passengers and crew.\2\ This bill will ensure that TSA utilizes 
risk-based strategies when allocating FAMs on passenger flights 
in order to increase the effectiveness of the program and gain 
the maximum value from its limited resources. It will also 
ensure that the seating of FAMs onboard passenger aircraft is 
determined in a risk-based manner that enables them to respond 
effectively to security threats.
---------------------------------------------------------------------------
    \1\Government Accountability Office, Aviation Security: Actions 
Needed to Systematically Evaluate Cost and Effectiveness Across 
Security Countermeasures, GAO-17-794. September 11, 2017.
    \2\Ibid.
---------------------------------------------------------------------------

                                Hearings

    The Committee did not hold any legislative hearings on H.R. 
4467 in the 115th Congress. However, this legislation was 
informed by a Full Committee hearing on November 8, 2017, 
entitled ``Preventing the Next Attack: TSA's Role in Keeping 
Our Transportation Systems Secure.'' The Committee received 
testimony from the Honorable David P. Pekoske, Administrator of 
the Transportation Security Administration, U.S. Department of 
Homeland Security.

                        Committee Consideration

    The Committee met on March 7, 2018, to consider H.R. 4467, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by unanimous consent. The 
Committee took the following actions:
    The following amendment was offered:

    An amendment offered by Mr. Katko (#1); was AGREED TO by 
unanimous consent.
    Page 2, line 15, strike ``and''.
    Page 2, line 18, strike the first period, the closing quotes, and 
the second period and insert ``; and''.
    Page 2, beginning line 19, insert the following: ``(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.''.

                            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 consideration of 
H.R. 4467.

                      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. 
4467, the Strengthening Aviation 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. 4467 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation ensures that the Federal Air Marshal 
Service utilizes risk-based strategies and seating when 
allocating resources for international and domestic flight 
coverage to improve effectiveness.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 4467 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. 4467 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4467 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 
``Strengthening Aviation Security Act of 2017''.

Sec. 2.  Use of Risked-based Strategies by Federal Air Marshal Service

    This section amends subsection (a) of section 44917 of 
title 49, United States Code, by adding a new paragraph that 
requires the Federal Air Marshal Service to utilize a risk-
based strategy when allocating resources between international 
and domestic flight coverage. It also adds new paragraphs 
requiring the Federal Air Marshal Service to utilize risk-based 
strategies to support domestic and international allocation 
decisions. Last, it adds an additional paragraph requiring the 
Federal Air Marshal Service to ensure that the seating 
arrangements of FAMs onboard passenger aircraft are determined 
in a risk-based manner that enables them to respond effectively 
to current threats to aviation security.
    In addition, this section requires the TSA Administrator to 
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 risk-
based requirements, as well as the documented methodology used 
to conduct the necessary risk assessments.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE



           *       *       *       *       *       *       *
SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


SUBPART III--SAFETY

           *       *       *       *       *       *       *


CHAPTER 449--SECURITY

           *       *       *       *       *       *       *


SUBCHAPTER I--REQUIREMENTS

           *       *       *       *       *       *       *


Sec. 44917. Deployment of Federal air marshals

  (a) In General.--The Under Secretary of Transportation for 
Security under the authority provided by section 44903(d)--
          (1) may provide for deployment of Federal air 
        marshals on every passenger flight of air carriers in 
        air transportation or intrastate air transportation;
          (2) shall provide for deployment of Federal air 
        marshals on every such flight determined by the 
        Secretary to present high security risks;
          (3) shall provide for appropriate training, 
        supervision, and equipment of Federal air marshals;
          (4) shall require air carriers providing flights 
        described in paragraph (1) to provide seating for a 
        Federal air marshal on any such flight without regard 
        to the availability of seats on the flight and at no 
        cost to the United States Government or the marshal;
          (5) may require air carriers to provide, on a space-
        available basis, to an off-duty Federal air marshal a 
        seat on a flight to the airport nearest the marshal's 
        home at no cost to the marshal or the United States 
        Government if the marshal is traveling to that airport 
        after completing his or her security duties;
          (6) may enter into agreements with Federal, State, 
        and local agencies under which appropriately-trained 
        law enforcement personnel from such agencies, when 
        traveling on a flight of an air carrier, will carry a 
        firearm and be prepared to assist Federal air marshals;
          (7) shall establish procedures to ensure that Federal 
        air marshals are made aware of any armed or unarmed law 
        enforcement personnel on board an aircraft; [and]
          (8) may appoint--
                  (A) an individual who is a retired law 
                enforcement officer;
                  (B) an individual who is a retired member of 
                the Armed Forces; and
                  (C) an individual who has been furloughed 
                from an air carrier crew position in the 1-year 
                period beginning on September 11, 2001;
        as a Federal air marshal, regardless of age, if the 
        individual otherwise meets the background and fitness 
        qualifications required for Federal air marshals[.];
          (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 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) Long Distance Flights.--In making the determination under 
subsection (a)(2), nonstop, long distance flights, such as 
those targeted on September 11, 2001, should be a priority.
  (c) Interim Measures.--Until the Under Secretary completes 
implementation of subsection (a), the Under Secretary may use, 
after consultation with and concurrence of the heads of other 
Federal agencies and departments, personnel from those agencies 
and departments, on a nonreimbursable basis, to provide air 
marshal service.
  (d) Training for Foreign Law Enforcement Personnel.--
          (1) In general.--The Assistant Secretary for 
        Immigration and Customs Enforcement of the Department 
        of Homeland Security, after consultation with the 
        Secretary of State, may direct the Federal Air Marshal 
        Service to provide appropriate air marshal training to 
        law enforcement personnel of foreign countries.
          (2) Watchlist screening.--The Federal Air Marshal 
        Service may only provide appropriate air marshal 
        training to law enforcement personnel of foreign 
        countries after comparing the identifying information 
        and records of law enforcement personnel of foreign 
        countries against all appropriate records in the 
        consolidated and integrated terrorist watchlists 
        maintained by the Federal Government.
          (3) Fees.--The Assistant Secretary shall establish 
        reasonable fees and charges to pay expenses incurred in 
        carrying out this subsection. Funds collected under 
        this subsection shall be credited to the account in the 
        Treasury from which the expenses were incurred and 
        shall be available to the Assistant Secretary for 
        purposes for which amounts in such account are 
        available.

           *       *       *       *       *       *       *


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