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Bill
Notes

H.R. 4176 — what changed

Air Cargo Security Improvement Act of 2018

From Reported in House to Engrossed in House. 2 sections amended and 4 added between Reported in House and Engrossed in House.

Section 1 Short title

changed This Act may be cited as the “Strengthening Aviation “Air Cargo Security Improvement Act of 2017”.2018”.

Sec. 2 Establishment of air cargo security division

(a)
changed In general— Subsection (a) Subchapter II of section 44917 chapter 449 of title 49, United States Code, is amended—amended by adding at the end the following new section:

added “44947. Air cargo security division

added “(a) Establishment—Not later than 90 days after the date of the enactment of this section, the Administrator of the Transportation Security Administration shall establish an air cargo security division to carry out all policy and engagement with air cargo security stakeholders.

added “(b) Leadership; Staffing—The air cargo security division established pursuant to subsection (a) shall be headed by an individual in the executive service within the Transportation Security Administration and be staffed by not fewer than four full-time equivalents, including the head of the division.

added “(c) Staffing—The Administrator of the Transportation Security Administration shall staff the air cargo security division with existing Transportation Security Administration personnel.”

(1)
removed in paragraph (7), by striking “and” after the semicolon at the end;
(2)
removed in paragraph (8), by striking the period at the end and inserting a semicolon; and
(3)
removed by adding at the end the following new paragraphs:

removed “(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;

removed “(10) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support domestic allocation decisions;

removed “(11) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support international allocation decisions; and

removed “(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)
changed Report—Clerical amendment— 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 The table of the Federal Air Marshal Service with sections at the requirements specified in paragraphs (9) through (12) of subsection (a) beginning of section 44917 chapter 449 of title 49, United States Code, as added by this Act, and the documented methodology used is amended by inserting after the Federal Air Marshal Service item related to conduct risk assessments in accordance with such paragraphs.section 44946 the following new item:
(c)
removed 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.

Sec. 3 Feasibility study and pilot program for emerging technologies

added
(a)
added Study— Not later than 120 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in coordination with the Under Secretary for Science and Technology of the Department of Homeland Security, shall submit to Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a feasibility study regarding expanding the use of computed tomography technology for the screening of air cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation, interstate air transportation, or interstate air commerce. Such study shall consider the following:
(1)
added Opportunities to leverage computed tomography systems used for screening passengers and baggage.
(2)
added Costs and benefits of using computed tomography technology for screening air cargo.
(3)
added An analysis of emerging computed tomography systems that may have potential to enhance the screening of air cargo, including systems that may address aperture challenges associated with screening certain categories of air cargo.
(4)
added An analysis of emerging screening technologies, in addition to computed tomography, that may be used to enhance the screening of air cargo.
(b)
added Pilot program— Not later than 120 days after submission of the feasibility study required under subsection (a), the Administrator of the Transportation Security Administration shall initiate a 2-year pilot program to achieve enhanced air cargo security screening outcomes through the use of new or emerging screening technologies, such as computed tomography technology, as identified through such study.
(c)
added Updates— Not later than 60 days after the initiation of the pilot program under subsection (b) and every 6 months thereafter for 2 years, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress of implementation of such pilot program.
(d)
added Definitions— In this section:
(1)
added Air carrier— The term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.
(2)
added Air transportation— The term “air transportation” has the meaning given such term in section 40102 of title 49, United States Code.
(3)
added Foreign air carrier— The term “foreign air carrier” has the meaning given such term in section 40102 of title 49, United States Code.
(4)
added Interstate air commerce— The term “interstate air commerce” has the meaning given such term in section 40102 of title 49, United States Code.
(5)
added Interstate air transportation— The term “interstate air transportation” has the meaning given such term in section 40102 of title 49, United States Code.

Sec. 4 Air cargo regulation review

added
(a)
added Review— Not later than 150 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 Commerce, Science, and Transportation of the Senate a report on actions to improve the Certified Cargo Screening Program as established by the Administrator in September 2009. The report shall—
(1)
added review the degree to which the Program is effective at fully addressing evolving threats to air cargo, particularly as air cargo volumes fluctuate;
(2)
added review any vulnerabilities in the Program and effectiveness of information sharing with air cargo security stakeholders; and
(3)
added include information on actions to be taken to address findings in paragraphs (1) and (2), including information on plans to issue new rulemaking, if necessary.

Sec. 5 Comptroller general review

added
(a)
added In general— Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall—
(1)
added review the Department of Homeland Security’s analysis and intelligence pre-screening processes and procedures for air cargo entering the United States;
(2)
added review the pilot program conducted pursuant to section 3;
(3)
added assess the effectiveness of the Department’s risk-based strategy for examining air cargo and ensuring compliance with air cargo security rules and regulations; and
(4)
added review the Department’s information sharing procedures and practices for disseminating information to relevant stakeholders on preventing, mitigating, and responding to air cargo related threats.

Sec. 6 Known shipper program review

added

added The Administrator shall request the Air Cargo Subcommittee of Aviation Security Advisory Committee (established under section 44946 of title 49, United States Code) to—

(1)
added conduct a comprehensive review and security assessment of the known shipper program under sections 1546.215 and 1548.17 of title 49, Code of Federal Regulations;
(2)
added recommend whether the Known Shipper Program should be modified or eliminated considering the full implementation of 100 percent screening under section 44901(g) of title 49, United States Code; and
(3)
added report its findings and recommendations to the Administrator of the Transportation Security Administration.