Pub. L. 115-254, div. K, tit. I, subtit. F, sec. 1959 (as amended)
FEDERAL AIR MARSHAL SERVICE UPDATES.
SEC. 1959. FEDERAL AIR MARSHAL SERVICE UPDATES.
(a) [49 U.S.C. 44917 note] Standardization.—
(1) In general.—Not later than 60 days after the date of enactment of this Act, the Administrator shall develop a standard written agreement that shall be the basis of all negotiations and agreements that begin after the date of enactment of this Act between the United States and foreign governments or partners regarding the presence of Federal air marshals on flights to and from the United States, including deployment, technical assistance, and information sharing.
(2) Written agreements.—Except as provided in paragraph (3), not later than 180 days after the date of enactment of this Act, all agreements between the United States and foreign governments or partners regarding the presence of Federal air marshals on flights to and from the United States shall be in writing and signed by the Administrator or other authorized United States Government representative.
(3) Exception.—The Administrator may schedule Federal air marshal service on flights operating to a foreign country with which no written agreement is in effect if the Administrator determines that—
(A) such mission is necessary for aviation security; and
(B) the requirements of paragraph (4)(B) are met.
(4) Notification to congress.—
(A) Written agreements.—Not later than 30 days after the date that the Administrator enters into a written agreement under this section, the Administrator shall transmit to the appropriate committees of Congress a copy of the agreement.
(B) No written agreements.—The Administrator shall submit to the appropriate committees of Congress—
(i) not later than 30 days after the date of enactment of this Act, a list of each foreign government or partner that does not have a written agreement under this section, including an explanation for why no written agreement exists and a justification for the determination that such a mission is necessary for aviation security; and
(ii) not later than 30 days after the date that the Administrator makes a determination to schedule Federal air marshal service on flights operating to a foreign country with which no written agreement is in effect under paragraph (3), the name of the applicable foreign government or partner, an explanation for why no written agreement exists, and a justification for the determination that such mission is necessary for aviation security.
(b) [49 U.S.C. 44917 note] Mission Scheduling Automation.—The Administrator shall endeavor to acquire automated capabilities or technologies for scheduling Federal air marshal service missions based on current risk modeling.
(c) [49 U.S.C. 44917 note] Improving Federal Air Marshal Service Deployments.—
(1) After-action reports.—The Administrator shall strengthen internal controls to ensure that all after-action reports on Federal air marshal service special mission coverage provided to stakeholders include documentation of supervisory review and approval, and mandatory narratives.
(2) Study.—The Administrator shall contract with an independent entity to conduct a validation and verification study of the risk analysis and risk-based determinations guiding Federal air marshal service deployment, including the use of risk-based strategies under subsection (d).
(3) Cost-benefit analysis.—The Administrator shall conduct a cost-benefit analysis regarding mitigation of aviation security threats through Federal air marshal service deployment.
(4) Performance measures.—The Administrator shall improve existing performance measures to better determine the effectiveness of in-flight operations in addressing the highest risks to aviation transportation based on current intelligence.
(5) Long distance flights.—Section 44917 is amended—
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (d) as subsections (b) through (c), respectively.
(d) Use of Risk-based Strategies.—
(1) In general.—Section 44917(a) is amended—
(A) in paragraph (7), by striking “and” after the semicolon at the end;
(B) in paragraph (8), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
“(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.”
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(2) Briefing.—Not later than 270 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the Federal Air Marshal Service’s compliance with the requirements under paragraphs (9) through (12) of section 44917(a) 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.
(3) [49 U.S.C. 44917 note] Implementation deadline.—Not later than 180 days after the date of enactment of this Act, the Administrator shall begin implementing the requirements under paragraphs (9) through (12) of section 44917(a), United States Code, as added by this Act.
- Cross-references to the US Code
- 49 U.S.C. 44917 note