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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-605
======================================================================
AIR CARGO SECURITY IMPROVEMENT ACT OF 2018
_______
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. 4176]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4176) to strengthen air cargo security, 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............ 6
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
2017''.
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. 4176, the Air Cargo Security
Improvement Act of 2018, is to prioritize and reform air cargo
security at the Transportation Security Administration (TSA) by
establishing the air cargo security division within the TSA to
carry out all air cargo security policy and stakeholder
engagement. Additionally, this bill requires the TSA
Administrator to conduct a feasibility study--and subsequent
pilot program--on expanding the use of computed tomography (CT)
and other emerging technology for air cargo screening. Last,
the bill requires a review of the Certified Cargo Screening
Program and the Known Shipper Program.
Background and Need for Legislation
The Implementing Recommendations of the 9/11 Commission Act
of 2007 (Pub. L. 110-53) mandated TSA to screen and inspect 100
percent of air cargo transported on passenger aircraft.
However, the Act did not require TSA to screen 100 percent of
air cargo on all-cargo aircraft, nor does it require TSA to
personally screen all pieces of cargo. Therefore, TSA takes a
risk-based approach to the screening of all-cargo flights and
leverages trusted partners in the private sector to screen
cargo on some passenger flights--via the Certified Cargo
Screening Program and the Known Shipper Program.
Even though the majority of TSA's resources focuses on
screening travelers and securing passenger aircraft, air cargo
security remains a major concern. The failed 2010 Yemen plot to
detonate explosive devices in cargo packages--after transport
on both cargo and passenger aircraft--highlights the threat
posed to this sector.\1\ For years, aviation stakeholders have
highlighted air cargo as an area of vulnerability that often
gets neglected by TSA. Indeed, recent aviation threats indicate
the need for a renewed focus on ensuring the security of air
cargo. Therefore, throughout the 115th Congress, this Committee
has sought to elevate air cargo security within TSA and address
any necessary reforms, as evidenced by this bill and the
Committee's House-passed H.R. 2825, the Department of Homeland
Security Authorization Act.
---------------------------------------------------------------------------
\1\ Leyne, Jon. ``Printer cartridge bomb plot planning revealed,''
BBC. November 22, 2010. http://www.bbc.com/news/world-middle-east-
11812874.
---------------------------------------------------------------------------
Hearings
The Committee did not hold any legislative hearings on H.R.
1309 in the 115th Congress. However, this legislation was
informed by a Subcommittee on Transportation and Protective
Security Subcommittee hearing on July 25, 2017 entitled
``Securing Air Cargo: Industry Perspectives.'' The Subcommittee
received testimony from Mr. Stephen A. Alterman, President,
Cargo Airline Association; Mr. Brandon Fried, Executive
Director, Airforwarders Association; Mr. Michael C. Mullen,
Executive Director, Express Association of America; and Mr.
Bart Elias, Specialist in Aviation Policy, Resources, Science
and Industry Division, Congressional Research Service, Library
of Congress.
Committee Consideration
The Committee met on March 7, 2018, to consider H.R. 4176,
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 in the Nature of a Substitute offered by Mr.
Thompson of Mississippi (#1); was AGREED TO by unanimous
consent.
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. 4176.
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.
4176, the Air Cargo Security Improvement 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. 4176 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation seeks to prioritize and reform air cargo
security at TSA by: establishing the air cargo security
division, requiring a feasibility study and pilot program on
the use of certain security technologies for air cargo
screening, and reviewing the effectiveness of the Certified
Cargo Screening Program and the Known Shipper Program.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 4176 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. 4176 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4176 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
``Air Cargo Security Improvement Act of 2017''.
Sec. 2. Establishment of Air Cargo Security Division.
This section establishes an air cargo security division
within TSA that shall carry out all policy and engagement with
stakeholders. This division must be headed by an individual in
the executive service of TSA with at least four full-time
equivalents, which will ensure that TSA prioritizes air cargo
security. Additionally, the Committee does not intend for the
establishment of this division to increase TSA's budget or
operating costs, therefore the division must be comprised of
existing TSA staff.
The Committee intends for the creation of an air cargo
security division to provide stakeholders with a central entry-
point for engaging TSA on matters related to air cargo security
and to align air cargo security responsibilities within TSA's
organizational structure in a manner similar to existing
aviation and surface transportation security divisions.
Sec. 3. Feasibility Study and Pilot Program for Emerging
Technologies.
This section requires TSA to conduct a feasibility study on
expanding the use of computed tomography technology for
screening air cargo on passenger aircraft. Additionally, it
identifies that the study should consider: opportunities to
leverage CT systems used for screening passengers and baggage,
costs and benefits of using CT for air cargo screening, an
analysis of emerging CT systems that may have potential to
enhance air cargo screening, and an analysis of other emerging
screening technologies that may enhance air cargo screening.
This section also requires TSA to initiate a 2-year pilot
program-and subsequent updates to Congress-following the
submission of the feasibility study for the purpose of using
the new or emerging screening technology to enhance air cargo
security screening.
Sec. 4. Air Cargo Regulation Review.
This section requires TSA to submit a report regarding
efforts to improve the Certified Cargo Screening Program
established in 2009. The report shall review the Program's
effectiveness at addressing threats to air cargo as well as the
Program's vulnerabilities and effectiveness of information
sharing with stakeholders. The report shall also include
information on actions taken in response to the review
findings.
Sec. 5. Comptroller General Review.
This section requires the Comptroller General to: (1)
review DHS's pre-screening procedures for air cargo; (2) review
TSA's pilot program pursuant to section 3; (3) assess the
effectiveness of DHS's risk-based strategy for examining air
cargo; and (4) review DHS's information sharing procedures with
stakeholders regarding air cargo related threats.
Sec. 6. Known Shipper Program Review.
This section requires the Air Cargo Subcommittee of the
Aviation Security Advisory Committee to conduct a review and
security assessment of the known shipper program. The
Subcommittee is then required to recommend whether the program
should be modified or eliminated.
Additionally, this section requires the Subcommittee to
report these findings to the TSA.
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.
* * * * * * *
[all]
