[Congressional Record Volume 164, Number 47 (Monday, March 19, 2018)]
[House]
[Pages H1663-H1665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1615
               AIR CARGO SECURITY IMPROVEMENT ACT OF 2018

  Mr. ESTES of Kansas. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 4176) to strengthen air cargo security, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4176

       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 2018''.

     SEC. 2. ESTABLISHMENT OF AIR CARGO SECURITY DIVISION.

       (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 division

       ``(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.
       ``(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.
       ``(c) Staffing.--The Administrator of the Transportation 
     Security Administration shall staff the air cargo security 
     division with existing Transportation Security Administration 
     personnel.''.
       (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 division.''.

     SEC. 3. FEASIBILITY STUDY AND PILOT PROGRAM FOR EMERGING 
                   TECHNOLOGIES.

       (a) 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) Opportunities to leverage computed tomography systems 
     used for screening passengers and baggage.
       (2) Costs and benefits of using computed tomography 
     technology for screening air cargo.
       (3) 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) An analysis of emerging screening technologies, in 
     addition to computed tomography, that may be used to enhance 
     the screening of air cargo.
       (b) 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 two-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) Updates.--Not later than 60 days after the initiation 
     of the pilot program under subsection (b) and every six 
     months thereafter for two 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) Definitions.--In this section:
       (1) Air carrier.--The term ``air carrier'' has the meaning 
     given such term in section 40102 of title 49, United States 
     Code.
       (2) Air transportation.--The term ``air transportation'' 
     has the meaning given such term in section 40102 of title 49, 
     United States Code.
       (3) Foreign air carrier.--The term ``foreign air carrier'' 
     has the meaning given such term in section 40102 of title 49, 
     United States Code.
       (4) Interstate air commerce.--The term ``interstate air 
     commerce'' has the meaning given such term in section 40102 
     of title 49, United States Code.
       (5) 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.

       (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--

[[Page H1664]]

       (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 two years 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 
     air cargo entering the United States;
       (2) review the pilot program 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. 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 sections 1546.215 and 
     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kansas (Mr. Estes) and the gentleman from Mississippi (Mr. Thompson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Kansas.


                             General Leave

  Mr. ESTES of Kansas. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
to include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kansas?
  There was no objection.
  Mr. ESTES of Kansas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 4176, the Air Cargo 
Security Improvement Act of 2018.
  The Transportation Security Administration is responsible for 
securing all modes of transportation, and implicit in this 
responsibility is the security of air cargo. Air cargo represents more 
that 35 percent of global trade by value, which translates to 
approximately $6.8 trillion worth of goods annually.
  Given the impact that air cargo has on the U.S. and global economy, 
it is not surprising that this sector remains an appealing target for 
terrorists. Several incidents have demonstrated that terrorists may 
seek to target U.S.-bound shipments by exploiting weaknesses in air 
cargo security overseas.
  In 2010, explosive devices concealed in packages bound for the United 
States from Yemen went undetected by initial screenings. Authorities 
indicated that the explosives were probably intended to detonate mid-
flight over a U.S. city.
  More recently, in July 2017, bomb-making materials were transported 
undetected from Turkey to Australia in an air cargo shipment.
  H.R. 4176, the Air Cargo Security Improvement Act of 2018, is a 
timely and necessary step towards a more secure and resilient industry.
  This legislation establishes an air cargo security division within 
the TSA to carry out all air cargo security policy and stakeholder 
engagement. Unlike the TSA's operational role in passenger screening at 
checkpoints, the TSA functions in an oversight and regulatory capacity 
with respect to air cargo screening.
  Initiatives like the Certified Cargo Screening Program and the Known 
Shipper Management System enable the TSA to leverage key partnerships 
with manufacturers, shippers, freight forwarders, passenger airlines, 
and all cargo airlines to meet the 100 percent screening mandate of all 
freight on passenger aircraft.
  H.R. 4176 requires the review of the Certified Cargo Screening 
Program and the Known Shipper Program to ensure that applicable 
regulations enhance program effectiveness. These initiatives are aided 
by cargo screening technologies designed to meet the logistical demands 
of the industry.
  H.R. 4176 requires the TSA Administrator to conduct a feasibility 
study and a subsequent pilot program on expanding the use of computed 
tomography--CT--and other emerging technologies for air cargo 
screening.
  Through October 2017, air cargo activity increased more than 10 
percent from 2016 levels, the largest year-over-year growth in more 
than a decade, with the largest growth seen among international 
shipments to and from the United States.
  In coordination with the cargo industry, the Customs and Border 
Protection--CBP--and the TSA have been pilot testing a risk-based 
approach to vet air cargo shipments known as the Air Cargo Advanced 
Screening system, with an emphasis on improving inspections on overseas 
shipments. Accordingly, H.R. 4176 requires the full deployment of ACAS 
for inbound international air cargo.
  The Air Cargo Security Improvement Act of 2018 is a sensible and 
progressive solution that will help to modernize the security of air 
cargo shipments and operations while ensuring the flow of commerce.
  I thank the ranking member of the full committee, Mr. Thompson, for 
advancing this legislation. I urge my colleagues to support this 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4176, the Air Cargo 
Security Improvement Act of 2018.
  Mr. Speaker, H.R. 4176 seeks to improve the Transportation Security 
Administration's ability to address air cargo-based security threats.
  Last July, then-Secretary of Homeland Security, John Kelly, 
identified such acts as a major concern, explaining that there are 
people out there, very smart people, very sophisticated people who do 
nothing but try to figure out how to blow up an airplane in flight.
  Later that month, Australian authorities charged four men with 
plotting to bring down a passenger plane on behalf of ISIS with a bomb 
in the air cargo hold. This foiled terror plot underscores the need for 
the TSA to give focused attention to this clear and present security 
threat. The increased risk to air cargo comes at a time when the volume 
of goods being moved by air cargo has multiplied, with 2016 volumes 
nearly back to pre-recession levels.
  If enacted, my bill would require the TSA to establish an air cargo 
security division to carry out air cargo security policy and 
stakeholder engagement responsibilities. Further, it would direct the 
TSA to pilot emerging technologies for screening cargo, such as 
computed tomography, for integration into current security programs.
  I urge my colleagues to join me in advancing this necessary and 
straightforward Homeland Security legislation.
  Mr. Speaker, while passenger and baggage screening efforts are the 
most visible part of aviation security, protecting against air cargo-
based threats is just as critical.
  Enactment of H.R. 4176 will ensure that the TSA is positioned to stay 
ahead of this ever-evolving security threat that face all who navigate 
our skies.
  Mr. Speaker, I strongly encourage my colleagues to support H.R. 4176, 
and I yield back the balance of my time.
  Mr. ESTES of Kansas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I once again urge my colleagues to support this common 
sense piece of legislation, and I yield back the balance of my time
  Ms. JACKSON LEE. Mr. Speaker, as a senior Member of the Committee on 
Homeland Security, a former chairman of the Transportation and 
Protective Security Subcommittee, and an original co-sponsor, I rise in 
strong support of H.R. 4176, ``Air Cargo Security Improvement Act of 
2017.''
  H.R. 4176 will strengthen the nation's air cargo security networks by 
requiring the Transportation Security Administration to establish an 
air cargo security division within the agency.

[[Page H1665]]

  Within 120 days of enactment, TSA would conduct a feasibility study 
on the expanded use of computed tomography for air cargo.
  Following the study, TSA would be required to initiate a pilot 
program to achieve enhanced air cargo security screening through the 
use of new or emerging technologies.
  Within 150 days of enactment, TSA would be required to report to 
Congress on actions to improve the effectiveness of the Certified Cargo 
Screening Program.
  The Government Accountability Office is tasked with reviewing the 
effectiveness of DHS' approach to addressing the air cargo security 
risk, including the risk-based strategy for examining air cargo and 
ensuring compliance with air cargo security rules.
  TSA would be required to request that the Aviation Security Advisory 
Committee's Subcommittee on Air Cargo conduct a comprehensive review of 
TSA's Known Shipper Program.
  Mr. Speaker, thirteen years ago, the U.S. National Commission on 
Terrorist Attacks upon the United States (9/11 Commission) expressed 
concerns ``regarding the screening and transport of checked bags and 
cargo.''
  The Commission called for called for more attention and resources to 
be directed to reducing or mitigating the threat posed by explosives in 
vessels' cargo holds.
  Today, the threat of a terrorist attack using air cargo is 
significant.
  In fact, in July, then-Secretary of Homeland Security John Kelly 
identified cargo-based aviation attacks as a major concern, explaining 
``there are people out there, very smart people, very sophisticated 
people who do nothing but try to figure out how to blow up an airplane 
in flight.''
  Secretary Kelly also said ``There is a fair amount of cargo, what we 
would attribute to just cargo flown on passenger airplane on space 
available. Terrorists are constantly looking for ways to do this.''
  This increase in the air cargo security risk comes at a time when the 
volume of goods being moved by air cargo has increased, with 2016 
volume back to approximately 98.4 percent of pre-recession levels with 
airlines transporting 52 million metric tons of goods.
  In response to this security risk, H.R. 4176 directs the 
Transportation Security Administration to take a number of steps to 
enhance its responsibilities for air cargo and require the agency to 
aggressively move towards addressing current and future threats to air 
cargo.
  Specifically, H.R. 4176 clarifies air cargo security responsibilities 
at TSA, encourages further technological developments for screening air 
cargo, directs a review of existing air cargo programs, and requires 
the Department of Homeland Security to make the Air Cargo Advance 
Screening Program permanent.
  The threat posed by terrorists' abilities and desires to exploit 
vulnerabilities cannot be understated and they have demonstrably set 
their targets on air cargo.
  We need to be timely and precise in addressing air cargo security, as 
we cannot afford, nor should the American public tolerate, otherwise.
  I urge my colleagues to join me in voting for H.R. 4176 so we can 
make Americans more secure from the threat of an air cargo-based 
terrorist attack.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Kansas (Mr. Estes) that the House suspend the rules and 
pass the bill, H.R. 4176, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________