§44917 Deployment of Federal Air Marshals

2018—Subsec. (a). Pub. L. 115–254, § 1991(d)(15)(A)(i), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security” in introductory provisions. Subsec. (a)(2). Pub. L. 115–254, § 1991(d)(15)(A)(ii), substituted “by the Administrator” for “by the Secretary”. Subsec. (a)(9) to (12). Pub. L. 115–254, § 1959(d)(1), added pars. (9) to (12). Subsec. (b). Pub. L. 115–254, § 1959(c)(5), redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “In making the determination under subsection (a)(2), nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority.” Subsec. (c). Pub. L. 115–254, § 1959(c)(5)(B), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b). Subsec. (c)(1). Pub. L. 115–254, § 1991(d)(15)(B)(i), which directed amendment of subsec. (d)(1) by substituting “Administrator of the Transportation Security Administration” for “Assistant Secretary for Immigration and Customs

of the Department of Homeland Security”, was executed to subsec. (c)(1) to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (c) by Pub. L. 115–254, § 1959(c)(5)(B). See above. Subsec. (c)(3). Pub. L. 115–254, § 1991(d)(15)(B)(ii), which directed amendment of subsec. (d)(3) by substituting “Administrator of the Transportation Security Administration” for “Assistant Secretary” in two places, was executed to subsec. (c)(3) to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (c) by Pub. L. 115–254, § 1959(c)(5)(B). See above. Subsec. (d). Pub. L. 115–254, § 1959(c)(5)(B), redesignated subsec. (d) as (c). 2004—Subsec. (d). Pub. L. 108–458 added subsec. (d).

Federal Air Marshal Service Updates Pub. L. 115–254, div. K, title I, § 1959(a)–(c)(4), Oct. 5, 2018, 132 Stat. 3598, 3599, provided that: “(a) Standardization.—“(1) In general.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] 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 [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] 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) 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) 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) [amending this section (see subsec. (a)(9) to (12) of this section) and enacting provisions set out as a note below]. “(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.” Implementation Deadline Pub. L. 115–254, div. K, title I, § 1959(d)(3), Oct. 5, 2018, 132 Stat. 3600, provided that: “Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall begin implementing the requirements under paragraphs (9) through (12) of section 44917(a), United States Code, as added by this Act.” Federal Air Marshals Pub. L. 108–458, title IV, § 4016, Dec. 17, 2004, 118 Stat. 3720, as amended by Pub. L. 115–254, div. K, title I, § 1993, Oct. 5, 2018, 132 Stat. 3646, provided that: “(a) Federal Air Marshal Anonymity.—The Director of the Federal Air Marshal Service of the Department of Homeland Security shall continue operational initiatives to protect the anonymity of Federal air marshals. “(b) Authorization of Additional Appropriations.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Bureau of Immigration and Customs

, in addition to any amounts otherwise authorized by law, for the deployment of Federal air marshals under section 44917 of title 49, United States Code, $83,000,000 for the 3 fiscal-year period beginning with fiscal year 2005. Such sums shall remain available until expended. “(c) Federal Law

Counterterrorism Training.—“(1) Availability of information.—The Administrator of the Transportation Security Administration and the Director of Federal Air Marshal Service of the Department of Homeland Security, shall make available, as practicable, appropriate information on in-flight counterterrorism and weapons handling procedures and tactics training to Federal law

officers who fly while in possession of a firearm. “(2) Identification of fraudulent documents.—The Administrator of the Transportation Security Administration and the Director of Federal Air Marshal Service of the Department of Homeland Security shall ensure that Transportation Security Administration screeners and Federal air marshals receive training in identifying fraudulent identification documents, including fraudulent or expired visas and passports. Such training shall also be made available to other Federal law

agencies and local law

agencies located in a State that borders Canada or Mexico.”