[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4176 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4176

       To strengthen air cargo security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 31, 2017

   Mr. Thompson of Mississippi (for himself and Mrs. Watson Coleman) 
 introduced the following bill; which was referred to the Committee on 
                           Homeland Security

_______________________________________________________________________

                                 A BILL


 
       To strengthen air cargo security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Cargo Security Improvement Act 
of 2017''.

SEC. 2. ESTABLISHMENT OF AIR CARGO SECURITY OFFICE.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 44947. Air cargo security office
    ``(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 office to 
carry out all policy and engagement with air cargo security 
stakeholders.
    ``(b) Leadership; Staffing.--The air cargo security office 
established pursuant to subsection (a) shall be headed by an individual 
in the Senior Executive Service and be staffed by not fewer than four 
full-time equivalents, including the head of the office.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 449 of title 49, United States Code, is amended by inserting 
after the item related to section 44946 the following new item:

``44947. Air cargo security office.''.

SEC. 3. PILOT PROGRAM FOR AIR CARGO COMPUTED TOMOGRAPHY.

    (a) In General.--Not later than 90 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 conduct a 
pilot program to test the expanded use of screening equipment using 
computed tomography technology to screen air cargo on passenger-
carrying aircraft. Such program shall conclude not later than two years 
after such program is commenced.
    (b) Briefings.--Not later than six months after the beginning of 
the pilot program under subsection (a) and every six months thereafter 
until the completion of such program, 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 
such program.
    (c) Report.--Not later than 90 days after completion of the pilot 
program under subsection (a), 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 the results of 
such pilot program with, as appropriate, a plan to integrate computed 
tomography technology into domestic and international air cargo 
screening operations, including at overseas last point of departure 
airports.

SEC. 4. AIR CARGO REGULATION REVIEW.

    (a) 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) review the degree to which the Program is effective at 
        fully addressing evolving threats to air cargo, particularly as 
        air cargo volumes fluctuate;
            (2) review any vulnerabilities in the Program and 
        effectiveness of information sharing with air cargo security 
        stakeholders; and
            (3) 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.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) review the Department of Homeland Security's analysis 
        and intelligence pre-screening processes and procedures for the 
        examination of air cargo entering the United States;
            (2) review the computed tomography technology pilot program 
        for air cargo screening on passenger-carrying aircraft, 
        conducted pursuant to section 3;
            (3) 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) 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. AIR CARGO ADVANCE SCREENING PROGRAM.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the 
following new section:

``SEC. 420. AIR CARGO ADVANCE SCREENING PROGRAM.

    ``(a) In General.--The Secretary, consistent with the requirements 
of the Trade Act of 2002 (Public Law 107-210), shall--
            ``(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;
            ``(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;
            ``(3) establish appropriate communications systems with 
        freight forwarders, shippers, and air carriers;
            ``(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
            ``(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.
    ``(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--
            ``(1) prior to the loading of such cargo onto aircraft at 
        the last point of departure; or
            ``(2) at an earlier point in the supply chain, before 
        departing for the United States.
    ``(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.
    ``(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.
    ``(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.
    ``(f) Consideration of Industry.--In carrying out the ACAS Program, 
the Secretary shall--
            ``(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;
            ``(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
            ``(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.
    ``(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.
    ``(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.''.
    (b) Final Rule.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall issue a 
final regulation to implement the ACAS Program under section 420 of the 
Homeland Security Act of 2002 (as added by subsection (a) of this 
section) to include the electronic transmission to U.S. Customs and 
Border Protection of data elements for targeting cargo, including 
appropriate security elements of shipment level data, as determined by 
the Secretary.
    (c) Report.--Not later than 180 days after the date of the 
commencement of the ACAS Program under section 420 of the Homeland 
Security Act of 2002 (as added by subsection (a) of this section), the 
Secretary of Homeland Security 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 detailing 
the operational implementation of providing advance information under 
the ACAS Program and the value of such information in targeting cargo.
    (d) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 419 the following new item:

``Sec. 420. Air cargo advance screening program.''.

SEC. 7. THIRD PARTY CANINE CARGO SCREENING.

    Section 1307 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1116) is amended--
            (1) by striking subsections (f) and (g); and
            (2) by adding after subsection (e) the following new 
        subsection:
    ``(f) Third Party Canine Teams for Air Cargo Security.--
            ``(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--
                    ``(A) develop and issue standards for the use of 
                such third party explosives detection canine assets for 
                the primary screening of air cargo;
                    ``(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);
                    ``(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;
                    ``(D) establish a system of Transportation Security 
                Administration audits of the process developed under 
                subparagraph (B); and
                    ``(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.
            ``(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--
                    ``(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;
                    ``(B) make such standards available to vendors 
                seeking to train and deploy such canine assets; and
                    ``(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.
            ``(3) Definitions.--In this subsection:
                    ``(A) Air carrier.--The term `air carrier' has the 
                meaning given such term in section 40102 of title 49, 
                United States Code.
                    ``(B) Foreign air carrier.--The term `foreign air 
                carrier' has the meaning given the term in section 
                40102 of title 49, United States Code.
                    ``(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.''.

SEC. 8. KNOWN SHIPPER PROGRAM REVIEW.

    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) conduct a comprehensive review and security assessment 
        of the known shipper program under 1548.17 of title 49, Code of 
        Federal Regulations;
            (2) 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) report its findings and recommendations to the 
        Administrator of the Transportation Security Administration.
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