I 

109TH CONGRESS 

1ST SESSION H. R. 2044

To improve air cargo security. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2005

Mr. MARKEY (for himself and Mr. SHAYS) introduced the following bill; which 

was referred to the Committee on Homeland Security 

A BILL

To improve air cargo security.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the Air Cargo Security Act. 

5 SEC. 2. INSPECTION OF CARGO CARRIED ABOARD AIR6 CRAFT. 

7 Section 44901 of title 49, United States Code, is 

8 amended—

9 (1) by redesignating subsections ‘‘(g)’’ and 

10 ‘‘(h)’’ as subsections ‘‘(h)’’ and ‘‘(i)’’, respectively; 

11 and 
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1 (2) by inserting after subsection (f) the fol2 lowing: 

3 ‘‘(g) AIR CARGO ON AIRCRAFT.—

4 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

5 Security shall establish systems to inspect cargo to 

6 ensure the security of all such cargo transported in 

7 aircraft operated by an air carrier or foreign air car8 rier in air transportation or intrastate air transpor9 tation. Such systems shall use equipment, tech10 nology, and personnel to inspect cargo that, at a 

11 minimum, meet the same standards established to 

12 inspect passenger baggage. 

13 ‘‘(2) IMPLEMENTATION PLAN.—The Secretary 

14 shall develop an implementation plan to carry out 

15 paragraph (1). 

16 ‘‘(3) RESEARCH AND DEVELOPMENT OF NEW

17 TECHNOLOGIES.—The Secretary shall monitor and 

18 evaluate the research and development of effective 

19 cargo screening technologies.’’. 

20 SEC. 3. AIR CARGO SHIPPING. 

21 (a) IN GENERAL.—Subchapter I of chapter 449 of 

22 title 49, United States Code, is amended by adding at the 

23 end the following: 
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1 ‘‘§ 44922. Regular inspections of air cargo shipping 

2 facilities 

3 ‘‘(a) REGULAR INSPECTIONS.—Not later than 30 

4 days after the date of enactment of the Air Cargo Security 

5 Act, the Secretary of Homeland Security shall—

6 ‘‘(1) establish a system for the regular inspec7 tion of shipping facilities for shipments of cargo 

8 transported in air transportation or intrastate air 

9 transportation to ensure that appropriate security 

10 controls, systems, and protocols are observed; and 

11 ‘‘(2) enter into arrangements with the civil 

12 aviation authorities, or other appropriate officials, of 

13 foreign countries to ensure that inspections are con14 ducted on a regular basis at shipping facilities for 

15 cargo transported in air transportation to the United 

16 States. 

17 ‘‘(b) REPORTS.—Not later than 210 days after the 

18 date of enactment of the Air Cargo Security Act and each 

19 year thereafter, the Secretary shall transmit to Congress 

20 a report that states—

21 ‘‘(1) the number of shipping facilities that have 

22 been inspected; 

23 ‘‘(2) the number of facilities that are not in 

24 compliance with appropriate security controls, sys25 tems, and protocols; 
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1 ‘‘(3) specific consequences imposed for a facility 

2 not in compliance as determined by the Secretary; 

3 and 

4 ‘‘(4) the number of arrangements entered into 

5 with civilian authorities, other appropriate officials, 

6 of foreign countries to ensure regular inspections are 

7 conducted for cargo transported in air transpor8 tation to the United States.’’. 

9 (b) ADDITIONAL INSPECTORS.—The Secretary may 

10 increase the number of inspectors as necessary to imple11 ment the requirements of title 49, United States Code, 

12 as amended by this Act. 

13 (c) CONFORMING AMENDMENT.—The chapter anal14 ysis for chapter 449 of title 49, United States Code, is 

15 amended by adding at the end the following:

‘‘44922. Regular inspections of air cargo shipping facilities.’’.

16 SEC. 4. TRAINING PROGRAM FOR CARGO HANDLERS. 

17 The Secretary of Homeland Security shall establish 

18 a training and evaluation program for any persons that 

19 handle air cargo to ensure that the cargo is properly han20 dled and safeguarded from security breaches. 

21 SEC. 5. EFFECTIVE DATE. 

22 Except as otherwise provided, this Act and the 

23 amendments made in this Act shall take effect 180 days 

24 after the date of enactment of this Act.

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