I 

111TH CONGRESS 

2D SESSION H. R. 6410 

To improve air cargo security. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2010 

Mr. MARKEY of Massachusetts (for himself, Mrs. LOWEY, Mrs. MALONEY, and 

Mr. MCGOVERN) 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 

5 Act’’. 

6 SEC. 2. INSPECTION OF CARGO CARRIED ABOARD ALL7 CARGO AIRCRAFT. 

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

9 amended— 


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

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

3 and 

4 (2) by inserting after subsection (f) the fol5 lowing: 

6 ‘‘(g) AIR CARGO ON ALL-CARGO AIRCRAFT.— 

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

8 Security shall establish systems to inspect cargo to 

9 ensure the security of all such cargo transported in 

10 all-cargo aircraft operated by an air carrier or for11 eign air carrier in air transportation or intrastate air 

12 transportation. 

13 ‘‘(2) MINIMUM STANDARDS.—The systems re14 ferred to in paragraph (1) shall require, at a min15 imum, that equipment, technology, procedures, per16 sonnel or other methods approved by the Adminis17 trator of the Transportation Security Administra18 tion, are used to screen cargo carried on all-cargo 

19 aircraft by such a carrier to provide a level of secu20 rity commensurate with the level of security for the 

21 screening of passenger checked baggage in accord22 ance to the implementation schedule set forth in 

23 paragraph (3). 

24 ‘‘(3) IMPLEMENTATION SCHEDULE.—The Sec25 retary shall ensure that— 


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1 ‘‘(A) not later than 18 months after the 

2 date of enactment of the Air Cargo Security 

3 Act, 50 percent of cargo described in paragraph 

4 (1) is screened; and 

5 ‘‘(B) not later than 3 years after the date 

6 of enactment of such Act, 100 percent of such 

7 cargo is screened. 

8 ‘‘(4) RESEARCH AND DEVELOPMENT OF NEW

9 TECHNOLOGIES.—The Secretary shall monitor and 

10 evaluate the research and development of effective 

11 cargo screening technologies.’’. 

12 SEC. 3. AIR CARGO SHIPPING. 

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

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

15 end the following: 

16 ‘‘§ 44922. Regular inspections of air cargo shipping 

17 facilities 

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

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

20 Act, the Secretary of Homeland Security shall— 

21 ‘‘(1) establish a system for the regular inspec22 tion of shipping facilities for shipments of cargo 

23 transported in air transportation or intrastate air 

24 transportation to ensure that appropriate security 

25 controls, systems, and protocols are observed; and 


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

2 aviation authorities, or other appropriate officials, of 

3 foreign countries to ensure that inspections are con4 ducted on a regular basis at shipping facilities for 

5 cargo transported in air transportation to the United 

6 States. 

7 ‘‘(b) SCREENING METHODS.—In this section, ‘screen8 ing’ means using the methods of screening described in 

9 section 44901(g). 

10 ‘‘(c) REPORTS.—Not later than 210 days after the 

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

12 year thereafter, the Secretary shall transmit to Congress 

13 a report that states— 

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

15 been inspected; 

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

17 compliance with appropriate security controls, sys18 tems, and protocols; 

19 ‘‘(3) specific consequences imposed for a facility 

20 not in compliance as determined by the Secretary; 

21 and 

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

23 with civilian authorities, other appropriate officials, 

24 of foreign countries to ensure regular inspections are 


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1 conducted for cargo transported in air transpor2 tation to the United States.’’. 

3 (b) ADDITIONAL INSPECTORS.—The Secretary may 

4 increase the number of inspectors as necessary to imple5 ment the requirements of title 49, United States Code, 

6 as ‘‘amended’’ by this Act. 

7 (c) CONFORMING AMENDMENT.—The chapter anal8 ysis for chapter 449 of title 49, United States Code, is 

9 amended by adding at the end the following: 

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

10 SEC. 4. TRAINING PROGRAM FOR CARGO HANDLERS. 

11 The Secretary of Homeland Security shall establish 

12 a training and evaluation program for any persons that 

13 handle air cargo to ensure that the cargo is properly han14 dled and safeguarded from security breaches. 

15 SEC. 5. EFFECTIVE DATE. 

16 Except as otherwise provided, this Act and the 

17 amendments made in this Act shall take effect 180 days 

18 after the date of enactment of this Act. 

Æ 


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