[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.
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