79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–605 

AIR CARGO SECURITY IMPROVEMENT ACT OF 2018 

MARCH 19, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. MCCAUL, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 4176] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 4176) to strengthen air cargo security, and for other purposes, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Congressional Budget Office Estimate ................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 4 

Duplicative Federal Programs ................................................................................ 4 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 4 

Federal Mandates Statement ................................................................................. 4 

Preemption Clarification ......................................................................................... 4 

Disclosure of Directed Rule Makings ..................................................................... 5 

Advisory Committee Statement .............................................................................. 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Strengthening Aviation Security Act of 2017’’. 

2 

SEC. 2. USE OF RISK-BASED STRATEGIES BY FEDERAL AIR MARSHAL SERVICE. 

(a) IN GENERAL.—Subsection (a) of section 44917 of title 49, United States Code, 

is amended— 

(1) in paragraph (7), by striking ‘‘and’’ after the semicolon at the end; 

(2) in paragraph (8), by striking the period at the end and inserting a semicolon; and 

(3) by adding at the end the following new paragraphs: 

‘‘(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; 

‘‘(10) shall require the Federal Air Marshal Service to utilize a risk-based 

strategy to support domestic allocation decisions; 

‘‘(11) shall require the Federal Air Marshal Service to utilize a risk-based 

strategy to support international allocation decisions; and 

‘‘(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) REPORT.—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 of the Federal Air Marshal Service with the requirements specified in 

paragraphs (9) through (12) of subsection (a) of section 44917 of title 49, United 

States Code, as added by this Act, and the documented methodology used by the 

Federal Air Marshal Service to conduct risk assessments in accordance with such 

paragraphs. 

(c) 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. 

PURPOSE AND SUMMARY

The purpose of H.R. 4176, the Air Cargo Security Improvement 

Act of 2018, is to prioritize and reform air cargo security at the 

Transportation Security Administration (TSA) by establishing the 

air cargo security division within the TSA to carry out all air cargo 

security policy and stakeholder engagement. Additionally, this bill 

requires the TSA Administrator to conduct a feasibility study—and 

subsequent pilot program—on expanding the use of computed tomography (CT) and other emerging technology for air cargo screening. Last, the bill requires a review of the Certified Cargo Screening Program and the Known Shipper Program. 

BACKGROUND AND NEED FOR LEGISLATION

The Implementing Recommendations of the 9/11 Commission Act 

of 2007 (Pub. L. 110–53) mandated TSA to screen and inspect 100 

percent of air cargo transported on passenger aircraft. However, 

the Act did not require TSA to screen 100 percent of air cargo on 

all-cargo aircraft, nor does it require TSA to personally screen all 

pieces of cargo. Therefore, TSA takes a risk-based approach to the 

screening of all-cargo flights and leverages trusted partners in the 

private sector to screen cargo on some passenger flights—via the 

Certified Cargo Screening Program and the Known Shipper Program. 

Even though the majority of TSA’s resources focuses on screening 

travelers and securing passenger aircraft, air cargo security remains a major concern. The failed 2010 Yemen plot to detonate explosive devices in cargo packages—after transport on both cargo 

3 

1 Leyne, Jon. ‘‘Printer cartridge bomb plot planning revealed,’’ BBC. November 22, 2010. 

http://www.bbc.com/news/world-middle-east-11812874. 

and passenger aircraft—highlights the threat posed to this sector.1

For years, aviation stakeholders have highlighted air cargo as an 

area of vulnerability that often gets neglected by TSA. Indeed, recent aviation threats indicate the need for a renewed focus on ensuring the security of air cargo. Therefore, throughout the 115th 

Congress, this Committee has sought to elevate air cargo security 

within TSA and address any necessary reforms, as evidenced by 

this bill and the Committee’s House-passed H.R. 2825, the Department of Homeland Security Authorization Act. 

HEARINGS

The Committee did not hold any legislative hearings on H.R. 

1309 in the 115th Congress. However, this legislation was informed 

by a Subcommittee on Transportation and Protective Security Subcommittee hearing on July 25, 2017 entitled ‘‘Securing Air Cargo: 

Industry Perspectives.’’ The Subcommittee received testimony from 

Mr. Stephen A. Alterman, President, Cargo Airline Association; Mr. 

Brandon Fried, Executive Director, Airforwarders Association; Mr. 

Michael C. Mullen, Executive Director, Express Association of 

America; and Mr. Bart Elias, Specialist in Aviation Policy, Resources, Science and Industry Division, Congressional Research 

Service, Library of Congress. 

COMMITTEE CONSIDERATION

The Committee met on March 7, 2018, to consider H.R. 4176, 

and ordered the measure to be reported to the House with a favorable recommendation, as amended, by unanimous consent.The 

Committee took the following actions: 

The following amendment was offered: 

An Amendment in the Nature of a Substitute offered by MR. 

THOMPSON of Mississippi (#1); was AGREED TO by unanimous 

consent. 

COMMITTEE VOTES

Clause 3(b) of Rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during consideration of H.R. 

4176. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of Rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 4176, the 

Air Cargo Security Improvement Act of 2017, would result in no 

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new or increased budget authority, entitlement authority, or tax 

expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the House 

of Representatives, a cost estimate provided by the Congressional 

Budget Office pursuant to section 402 of the Congressional Budget 

Act of 1974 was not made available to the Committee in time for 

the filing of this report. The Chairman of the Committee shall 

cause such estimate to be printed in the Congressional Record upon 

its receipt by the Committee. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the House 

of Representatives, H.R. 4176 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

This legislation seeks to prioritize and reform air cargo security 

at TSA by: establishing the air cargo security division, requiring a 

feasibility study and pilot program on the use of certain security 

technologies for air cargo screening, and reviewing the effectiveness 

of the Certified Cargo Screening Program and the Known Shipper 

Program. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of Rule XIII, the Committee finds that 

H.R. 4176 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with Rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the Rule XXI. 

FEDERAL MANDATES STATEMENT

An estimate of Federal mandates prepared by the Director of the 

Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act was not made available to the Committee in time for the filing of this report. The Chairman of the 

Committee shall cause such estimate to be printed in the Congressional Record upon its receipt by the Committee. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 

the Committee finds that H.R. 4176 does not preempt any State, 

local, or Tribal law. 

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DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 4176 would require no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short Title. 

This section provides that this bill may be cited as the ‘‘Air Cargo 

Security Improvement Act of 2017’’. 

Sec. 2. Establishment of Air Cargo Security Division. 

This section establishes an air cargo security division within TSA 

that shall carry out all policy and engagement with stakeholders. 

This division must be headed by an individual in the executive 

service of TSA with at least four full-time equivalents, which will 

ensure that TSA prioritizes air cargo security. Additionally, the 

Committee does not intend for the establishment of this division to 

increase TSA’s budget or operating costs, therefore the division 

must be comprised of existing TSA staff. 

The Committee intends for the creation of an air cargo security 

division to provide stakeholders with a central entry-point for engaging TSA on matters related to air cargo security and to align 

air cargo security responsibilities within TSA’s organizational 

structure in a manner similar to existing aviation and surface 

transportation security divisions. 

Sec. 3. Feasibility Study and Pilot Program for Emerging Technologies. 

This section requires TSA to conduct a feasibility study on expanding the use of computed tomography technology for screening 

air cargo on passenger aircraft. Additionally, it identifies that the 

study should consider: opportunities to leverage CT systems used 

for screening passengers and baggage, costs and benefits of using 

CT for air cargo screening, an analysis of emerging CT systems 

that may have potential to enhance air cargo screening, and an 

analysis of other emerging screening technologies that may enhance air cargo screening. 

This section also requires TSA to initiate a 2-year pilot programand subsequent updates to Congress-following the submission of 

the feasibility study for the purpose of using the new or emerging 

screening technology to enhance air cargo security screening. 

6 

Sec. 4. Air Cargo Regulation Review. 

This section requires TSA to submit a report regarding efforts to 

improve the Certified Cargo Screening Program established in 

2009. The report shall review the Program’s effectiveness at addressing threats to air cargo as well as the Program’s 

vulnerabilities and effectiveness of information sharing with stakeholders. The report shall also include information on actions taken 

in response to the review findings. 

Sec. 5. Comptroller General Review. 

This section requires the Comptroller General to: (1) review 

DHS’s pre-screening procedures for air cargo; (2) review TSA’s pilot 

program pursuant to section 3; (3) assess the effectiveness of DHS’s 

risk-based strategy for examining air cargo; and (4) review DHS’s 

information sharing procedures with stakeholders regarding air 

cargo related threats. 

Sec. 6. Known Shipper Program Review. 

This section requires the Air Cargo Subcommittee of the Aviation 

Security Advisory Committee to conduct a review and security assessment of the known shipper program. The Subcommittee is then 

required to recommend whether the program should be modified or 

eliminated. 

Additionally, this section requires the Subcommittee to report 

these findings to the TSA. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE VII—AVIATION PROGRAMS 

* * * * * * * 

PART A—AIR COMMERCE AND SAFETY 

* * * * * * * 

SUBPART III—SAFETY 

* * * * * * * 

CHAPTER 449—SECURITY 

* * * * * * * 

7 

SUBCHAPTER I—REQUIREMENTS 

* * * * * * * 

§ 44917. Deployment of Federal air marshals 

(a) IN GENERAL.—The Under Secretary of Transportation for Security under the authority provided by section 44903(d)— 

(1) may provide for deployment of Federal air marshals on 

every passenger flight of air carriers in air transportation or 

intrastate air transportation; 

(2) shall provide for deployment of Federal air marshals on 

every such flight determined by the Secretary to present high 

security risks; 

(3) shall provide for appropriate training, supervision, and 

equipment of Federal air marshals; 

(4) shall require air carriers providing flights described in 

paragraph (1) to provide seating for a Federal air marshal on 

any such flight without regard to the availability of seats on 

the flight and at no cost to the United States Government or 

the marshal; 

(5) may require air carriers to provide, on a space-available 

basis, to an off-duty Federal air marshal a seat on a flight to 

the airport nearest the marshal’s home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties; 

(6) may enter into agreements with Federal, State, and local 

agencies under which appropriately-trained law enforcement 

personnel from such agencies, when traveling on a flight of an 

air carrier, will carry a firearm and be prepared to assist Federal air marshals; 

(7) shall establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft; øand¿ 

(8) may appoint— 

(A) an individual who is a retired law enforcement officer; 

(B) an individual who is a retired member of the Armed 

Forces; and 

(C) an individual who has been furloughed from an air 

carrier crew position in the 1-year period beginning on 

September 11, 2001; 

as a Federal air marshal, regardless of age, if the individual 

otherwise meets the background and fitness qualifications required for Federal air marshalsø.¿; 

(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; 

(10) shall require the Federal Air Marshal Service to utilize 

a risk-based strategy to support domestic allocation decisions; 

(11) shall require the Federal Air Marshal Service to utilize 

a risk-based strategy to support international allocation decisions; and 

(12) shall ensure that the seating arrangements of Federal air 

marshals on aircraft are determined in a manner that is riskVerDate Sep 11 2014 04:29 Mar 20, 2018 Jkt 079006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6603 E:\HR\OC\HR605.XXX HR605
8 

based and most capable of responding to current threats to 

aviation security. 

(b) LONG DISTANCE FLIGHTS.—In making the determination 

under subsection (a)(2), nonstop, long distance flights, such as 

those targeted on September 11, 2001, should be a priority. 

(c) INTERIM MEASURES.—Until the Under Secretary completes 

implementation of subsection (a), the Under Secretary may use, 

after consultation with and concurrence of the heads of other Federal agencies and departments, personnel from those agencies and 

departments, on a nonreimbursable basis, to provide air marshal 

service. 

(d) TRAINING FOR FOREIGN LAW ENFORCEMENT PERSONNEL.— 

(1) IN GENERAL.—The Assistant Secretary for Immigration 

and Customs Enforcement of the Department of Homeland Security, after consultation with the Secretary of State, may direct the Federal Air Marshal Service to provide appropriate air 

marshal training to law enforcement personnel of foreign countries. 

(2) WATCHLIST SCREENING.—The Federal Air Marshal Service may only provide appropriate air marshal training to law 

enforcement personnel of foreign countries after comparing the 

identifying information and records of law enforcement personnel of foreign countries against all appropriate records in 

the consolidated and integrated terrorist watchlists maintained 

by the Federal Government. 

(3) FEES.—The Assistant Secretary shall establish reasonable fees and charges to pay expenses incurred in carrying out 

this subsection. Funds collected under this subsection shall be 

credited to the account in the Treasury from which the expenses were incurred and shall be available to the Assistant 

Secretary for purposes for which amounts in such account are 

available. 

* * * * * * * 

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