To amend title 49, United States Code, to improve air cargo security, and for other purposes.

Summary: Air Cargo Security Act of 2010 - Directs the Secretary of Homeland Security (DHS), acting through the Assistant Secretary of Homeland Security (TSA), to: (1) establish at each U.S. airport federal air cargo screening centers to screen cargo transported on domestic and foreign passenger aircraft that operate in air transportation, including intrastate air transportation; (2) establish minimum standards for equipment, technology, procedures, personnel, and methods used to conduct such screening; and (3) ensure that air cargo screening is coordinated with the Certified Cargo Screening Program and any other established air cargo security program.

Requires the Assistant Secretary to impose a fee for air cargo screening.

Establishes the Air Cargo Security Fund for the deposit of such fees.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Cargo Security Act of 2010''.

SEC. 2. FEDERAL AIR CARGO SCREENING PROGRAM.

    Section 44901 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(l) Federal Air Cargo Screening Program.--
            ``(1) In general.--Not later than one year after the date 
        of enactment of this subsection, the Secretary of Homeland 
        Security, acting through the Assistant Secretary of Homeland 
        Security (Transportation Security Administration), shall 
        establish and operate, at each airport in the United States 
        that serves passengers, Federal air cargo screening centers for 
        the screening of cargo transported on passenger aircraft 
        operated by an air carrier or foreign air carrier in air 
        transportation or intrastate air transportation.
            ``(2) Minimum standards.--The Assistant Secretary shall 
        establish standards for the equipment, technology, procedures, 
        personnel, and methods utilized to conduct screening pursuant 
        to this subsection. The standards shall provide a level of 
        security commensurate with the level of security for the 
        screening of passenger checked baggage.
            ``(3) Coordination with other air cargo security 
        programs.--The Assistant Secretary shall ensure that the 
        screening conducted pursuant to this subsection is coordinated 
        with the Certified Cargo Screening Program and any other air 
        cargo security program established under subsection (g).
            ``(4) Authority to contract.--The Assistant Secretary is 
        authorized to enter into contracts with nongovernmental 
        entities (including air carriers and foreign air carriers) to 
        conduct air cargo screening pursuant to this subsection.
            ``(5) Air cargo screening fee.--
                    ``(A) In general.--The Assistant Secretary shall 
                impose and collect a uniform fee for air cargo 
                screening pursuant to this subsection in an amount that 
                the Assistant Secretary estimates will result in an 
                aggregate collection of fees equal to the amount the 
                Assistant Secretary estimates for the following costs:
                            ``(i) The salary, benefits, overtime, 
                        retirement, and other costs relating to 
                        screening personnel, the supervisors and 
                        managers of such personnel, and Federal law 
                        enforcement personnel deployed at Federal air 
                        cargo screening centers established under this 
                        subsection.
                            ``(ii) The costs of training personnel 
                        deployed at Federal air cargo screening centers 
                        established under this subsection and the 
                        acquisition, operation, and maintenance of 
                        equipment used by such personnel.
                            ``(iii) The costs of performing background 
                        investigations of personnel deployed at Federal 
                        air cargo screening centers established under 
                        this subsection.
                            ``(iv) The costs of capital improvements 
                        relating to air cargo screening at airports.
                            ``(v) Any other costs the Assistant 
                        Secretary considers necessary and appropriate.
                    ``(B) Imposition of fees.--
                            ``(i) In general.--The Assistant Secretary 
                        shall impose the fee under subparagraph (A) 
                        after publication of notice of such fee in the 
                        Federal Register and shall begin the collection 
                        of fees not later than one year after the date 
                        of enactment of this subsection.
                            ``(ii) Subsequent modification of fees.--
                        The Assistant Secretary may modify, after 
                        publication of notice of such modification in 
                        the Federal Register, the imposition or 
                        collection of fees under subparagraph (A).
                            ``(iii) Limitation on collection.--No fee 
                        may be collected pursuant to subparagraph (A) 
                        unless the fee is related to the payment of the 
                        costs specified in such subparagraph.
                    ``(C) Administration of fees.--
                            ``(i) Deposit of amounts collected.--
                        Amounts collected from the fee imposed under 
                        subparagraph (A) shall be deposited in the Air 
                        Cargo Security Fund established under paragraph 
                        (6).
                            ``(ii) Fees not subject to tax.--For 
                        purposes of section 4261 of the Internal 
                        Revenue Code of 1986, a fee imposed under 
                        subparagraph (A) shall not be treated as an 
                        amount paid for taxable transportation.
                    ``(D) Receipts credited as offsetting 
                collections.--Notwithstanding section 3302 of title 31, 
                United States Code, any fee collected pursuant to 
                subparagraph (A)--
                            ``(i) shall be credited as offsetting 
                        collections to the account that finances the 
                        activities and services for which the fee is 
                        imposed; and
                            ``(ii) shall be available for expenditure 
                        without further appropriation only to pay the 
                        costs of activities and services for which the 
                        fee is imposed.
                    ``(E) Refunds.--The Assistant Secretary may refund 
                a fee paid pursuant to subparagraph (A) by mistake or 
                in excess of that required.
            ``(6) Air cargo security fund.--
                    ``(A) Establishment.--There is established in the 
                Department of Homeland Security a fund to be known as 
                the `Air Cargo Security Fund' consisting of amounts 
                deposited under paragraph (5)(C)(i).
                    ``(B) Availability of amounts.--Amounts in the Air 
                Cargo Security Fund shall remain available until 
                expended by the Assistant Secretary for the costs 
                specified in paragraph (5)(A).
            ``(7) Screening defined.--In this subsection, the term 
        `screening' has the same meaning given the term under 
        subsection (g)(5).''.