Improving Security at Foreign Airports With Flights Bound for America (H.R. 4698)

What is H.R. 4698?

(Updated December 18, 2017)

This bill would require the Transportation Safety Administration (TSA) to conduct airport security assessments and make a plan to improve security at foreign airports that service direct flights into the U.S.

Within 180 days of this bill’s enactment, the Administrator of the TSA would have to develop a comprehensive security risk assessment for each "last point of departure" airports that considers:

• The level of coordination between TSA and the government of the foreign country where the last point of departure airport is located, including the country’s intelligence and threat mitigation capabilities;

• The number of known or suspected terrorists annually transiting through the airport;

• Passenger security screening practices, capabilities, and capacity at the airport;

• The security vetting undergone by aviation workers at the airport;

• Access controls used to prevent unauthorized access to secure and sterile areas of the airport.

A security coordination enhancement plan would be required to be submitted by the TSA Administrator to Congress and the Government Accountability Office (GAO) within 240 days of this bill’s enactment. The plan would look to enhance coordination and information sharing for international flights destined for the U.S. between a variety of partners including air carriers, U.S. Customs and Border Protection, and federal agencies with the goal of improving security.

The TSA would be authorized to donate screening equipment to the operator of a foreign last point of departure airport that services flights to the U.S. if it can mitigate a specific security vulnerability. Before making any donation, the TSA would have to explain to Congress:

• why the recipient can’t or won’t purchase the equipment;
• how it will be maintained;
• the total value of the donation; 
• and an evacuation plan for sensitive technology in the event of instability.
  

Argument in favor

International flights bound for the U.S. need to be properly screened to ensure that no passengers or cargo pose a security threat at foreign airports before departure. The TSA should assess security vulnerabilities at airports servicing those flights and donate equipment to mitigate those threats if necessary.

Argument opposed

If a foreign airport that is the last point of departure for flights to the U.S. has security vulnerabilities, it’s the responsibility of airport operators to fix them without American assistance. TSA has enough of a problem already keeping domestic airports secure, and problematic foreign airports shouldn’t service U.S.-bound flights.

Impact

Airline passengers coming and going from the U.S.; air carriers; foreign operators of airports that serve as the last point of departure for flights into the U.S.; Congress; and the TSA.

Cost of H.R. 4698

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. John Katko (R-NY) introduced this bill to ensure that people flying to the U.S. from foreign airports receive the same level of scrutiny they would receive when departing an American airport:

“In order to keep our country safe, we must ensure that individuals traveling from last point of departure airports are held to the same scrutiny as individuals within our country.  Today’s legislation is a result of tremendous bipartisan efforts on the House Homeland Security Committee to improve airport access controls and employee vetting both throughout the United States and at foreign airports that have direct flights to the United States.”

This legislation currently has four bipartisan cosponsors in the House — including three Republicans and one Democrat.

Of Note: In recent years there have been several plots to carry out acts of terrorism against airliners departing foreign airports en route to the U.S. Two of the most notable examples were inspired by Al Qaeda and nearly successful, but both the attempts of the 2001 shoe bomber and 2009 underwear bomber were foiled only because the explosive devices malfunctioned.

The March 22, 2016 attack at the Brussels Airport occurred near check-in areas for several major American airlines that offer direct flights from the Belgian capital to the U.S. This has led some, including the Chairman of the House Intelligence Committee, to question whether that was done intentionally to target Americans.

Media:

• Sponsoring Rep. John Katko (R-NY) Press Release
• Countable YouTube
  
• The Citizen
• Homeland Preparedness News