H.R. 4176 — what changed

removed “420. Air cargo advance screening program

removed “(a) In general—The Secretary, consistent with the requirements of the Trade Act of 2002 (Public Law 107–210), shall—

removed “(1) establish an air cargo advance screening program (in this section referred to as the “ACAS Program”) for the collection by U.S. Customs and Border Protection of advance electronic information from air carriers and other persons within the supply chain regarding cargo being transported to the United States by air;

removed “(2) under such program, require that such information be transmitted by such air carriers and other persons at the earliest point practicable prior to loading of such cargo onto an aircraft destined to or transiting through the United States;

removed “(3) establish appropriate communications systems with freight forwarders, shippers, and air carriers;

removed “(4) establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing from any location that is inbound to the United States; and

removed “(5) coordinate with the Administrator of the Transportation Security Administration to identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the Administrator.

removed “(b) Inspection of high-Risk cargo—Under the ACAS Program, the Secretary shall ensure that all cargo that has been identified as high risk is inspected—

removed “(1) prior to the loading of such cargo onto aircraft at the last point of departure; or

removed “(2) at an earlier point in the supply chain, before departing for the United States.

removed “(c) Consultation—In carrying out the ACAS Program, the Secretary shall consult with relevant stakeholders, as appropriate, to ensure the implementation of an operationally feasible and practical approach to the collection of advance information with respect to cargo on aircraft departing for the United States, and that the inspection of high-risk cargo recognizes the significant differences among air cargo business models and modes of transportation.

removed “(d) Analysis—The Secretary may analyze the information referred to in subsection (a) in the Department’s automated targeting system and integrate such information with other intelligence to enhance the accuracy of the risk assessment process under the ACAS Program.

removed “(e) No duplication—The Secretary shall carry out this section in a manner that, after the ACAS Program is fully in effect, ensures, to the greatest extent practicable, that the ACAS Program does not duplicate other Department programs or requirements relating to the submission of air cargo data or the inspection of high-risk cargo.

removed “(f) Consideration of industry—In carrying out the ACAS Program, the Secretary shall—

removed “(1) take into consideration that the content and timeliness of the available data may vary among entities in the air cargo industry and among countries, and shall explore procedures to accommodate such variations while maximizing the contribution of such data to the risk assessment process under the ACAS Program;

removed “(2) test the business processes, technologies, and operational procedures required to provide advance information with respect to cargo on aircraft departing for the United States and carry out related inspection of high-risk cargo, while ensuring minimization of delays and other negative impacts on vital supply chains; and

removed “(3) consider the cost, benefit, and feasibility before establishing any set time period for submission of certain elements of the data for air cargo under this section in line with the regulatory guidelines specified in Executive Order No. 13563, and any successor Executive order or regulation.

removed “(g) Guidance—The Secretary shall provide guidance for participants in the ACAS Program regarding the requirements for participation, including requirements for transmitting shipment level data.

removed “(h) Use of data—The Secretary shall use the data provided under the ACAS Program for targeting shipments for screening and aviation security purposes only.”

removed Section 1307 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is amended—

removed “(f) Third party canine teams for air cargo security

removed “(1) In general—In order to enhance the screening of air cargo and ensure that third party explosives detection canine assets are leveraged for such purpose, the Secretary of Homeland Security, acting through the Administrator of the Transportation Security Administration, shall, not later than 180 days after the date of the enactment of this subsection—

removed “(A) develop and issue standards for the use of such third party explosives detection canine assets for the primary screening of air cargo;

removed “(B) develop a process to identify qualified non-Federal entities that will certify such canine assets that meet the standards established by the Administrator under subparagraph (A);

removed “(C) ensure that such entities qualified to certify such canine assets shall be independent from entities that will train and provide canines to end users of such canine assets;

removed “(D) establish a system of Transportation Security Administration audits of the process developed under subparagraph (B); and

removed “(E) provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers.

removed “(2) Implementation—Beginning on the date that the development of the process under paragraph (1)(B) is complete, the Secretary, acting through the Administrator, shall—

removed “(A) facilitate the deployment of third party explosives detection canine assets under paragraph (1) that meet the certification standards of the Administration, as determined by the Administrator;

removed “(B) make such standards available to vendors seeking to train and deploy such canine assets; and

removed “(C) ensure that all costs for the training and certification of canines, and for the use of supplied canines, are borne by private industry and not the Federal Government.

removed “(3) Definitions—In this subsection:

removed “(A) Air carrier—The term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.

removed “(B) Foreign air carrier—The term “foreign air carrier” has the meaning given the term in section 40102 of title 49, United States Code.

removed “(C) Third party explosives detection canine asset—The term “third party explosives detection canine asset” means any explosives detection canine or handler not owned or employed, respectively, by the Transportation Security Administration.”

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