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B-330150 1 (2018-06-27)

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c AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-330150


June 27, 2018

The Honorable Ron Johnson
Chairman
The Honorable Claire McCaskill
Ranking Member
Committee on Homeland Security and Governmental Affairs
United States Senate

The Honorable Michael McCaul
Chairman
The Honorable Bennie Thompson
Ranking Member
Committee on Homeland Security
House of Representatives

Subject: Department of Homeland Security, U.S. Customs and Border Protection: Air Cargo
        Advance Screening (ACAS)

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Homeland Security, U.S. Customs and Border Protection
(CBP) entitled Air Cargo Advance Screening (ACAS) (RIN: 1651-AB04). We received the rule
on June 7, 2018. It was published in the Federal Register as an interim final rule; request for
comments on June 12, 2018. 83 Fed. Reg. 27,380. The effective date of the interim final rule is
June 12, 2018.

The final rule amends the regulations pertaining to the submission of advance air cargo data to
implement a mandatory Air Cargo Advance Screening (ACAS) program for any inbound air craft
required to make entry under CBP regulations that will have commercial cargo aboard. The
ACAS program requires the inbound carrier or other eligible party to electronically transmit
specified advance cargo data (ACAS data) to CBP for air cargo transported onboard
U.S.-bound aircraft as early as practicable, but not later than prior to loading of the cargo onto
the aircraft. According to CPB, the ACAS program enhances the security of the aircraft and
passengers on U.S.-bound flights by enabling CBP to perform targeted risk assessments on the
air cargo prior to the aircraft's departure for the United States. CBP stated that these risk
assessments will identify and prevent high-risk air cargo from being loaded on the aircraft that
could pose a risk to the aircraft during flight.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). This interim final rule was received on June 7,
2018. It was published in the Federal Register on June 12, 2018, and has a stated effective
date of June 12, 2018. 83 Fed. Reg. 27,380. Therefore, the interim final rule does not have the
required 60-day delay in its effective date.

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