I 

111TH CONGRESS 

2D SESSION H. R. 6275 

To amend title 49, United States Code, to improve air cargo security, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. MARKEY of Massachusetts (for himself, Ms. LORETTA SANCHEZ of California, and Mr. JONES) introduced the following bill; which was referred 

to the Committee on Homeland Security, and in addition to the Committee on Ways and Means, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To amend title 49, United States Code, to improve air cargo 

security, and for other purposes. 

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 of 2010’’. 

6 SEC. 2. FEDERAL AIR CARGO SCREENING PROGRAM. 

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

8 amended by adding at the end the following: 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 6275 IH

1 ‘‘(l) FEDERAL AIR CARGO SCREENING PROGRAM.— 

2 ‘‘(1) IN GENERAL.—Not later than one year 

3 after the date of enactment of this subsection, the 

4 Secretary of Homeland Security, acting through the 

5 Assistant Secretary of Homeland Security (Trans6 portation Security Administration), shall establish 

7 and operate, at each airport in the United States 

8 that serves passengers, Federal air cargo screening 

9 centers for the screening of cargo transported on 

10 passenger aircraft operated by an air carrier or for11 eign air carrier in air transportation or intrastate air 

12 transportation. 

13 ‘‘(2) MINIMUM STANDARDS.—The Assistant 

14 Secretary shall establish standards for the equip15 ment, technology, procedures, personnel, and meth16 ods utilized to conduct screening pursuant to this 

17 subsection. The standards shall provide a level of se18 curity commensurate with the level of security for 

19 the screening of passenger checked baggage. 

20 ‘‘(3) COORDINATION WITH OTHER AIR CARGO

21 SECURITY PROGRAMS.—The Assistant Secretary 

22 shall ensure that the screening conducted pursuant 

23 to this subsection is coordinated with the Certified 

24 Cargo Screening Program and any other air cargo 

25 security program established under subsection (g). 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 6275 IH

1 ‘‘(4) AUTHORITY TO CONTRACT.—The Assist2 ant Secretary is authorized to enter into contracts 

3 with nongovernmental entities (including air carriers 

4 and foreign air carriers) to conduct air cargo screen5 ing pursuant to this subsection. 

6 ‘‘(5) AIR CARGO SCREENING FEE.— 

7 ‘‘(A) IN GENERAL.—The Assistant Sec8 retary shall impose and collect a uniform fee for 

9 air cargo screening pursuant to this subsection 

10 in an amount that the Assistant Secretary esti11 mates will result in an aggregate collection of 

12 fees equal to the amount the Assistant Sec13 retary estimates for the following costs: 

14 ‘‘(i) The salary, benefits, overtime, re15 tirement, and other costs relating to 

16 screening personnel, the supervisors and 

17 managers of such personnel, and Federal 

18 law enforcement personnel deployed at 

19 Federal air cargo screening centers estab20 lished under this subsection. 

21 ‘‘(ii) The costs of training personnel 

22 deployed at Federal air cargo screening 

23 centers established under this subsection 

24 and the acquisition, operation, and mainteVerDate Mar 15 2010 01:40 Oct 08, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6275.IH H6275

tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 6275 IH

1 nance of equipment used by such per2 sonnel. 

3 ‘‘(iii) The costs of performing back4 ground investigations of personnel de5 ployed at Federal air cargo screening cen6 ters established under this subsection. 

7 ‘‘(iv) The costs of capital improve8 ments relating to air cargo screening at 

9 airports. 

10 ‘‘(v) Any other costs the Assistant 

11 Secretary considers necessary and appro12 priate. 

13 ‘‘(B) IMPOSITION OF FEES.— 

14 ‘‘(i) IN GENERAL.—The Assistant 

15 Secretary shall impose the fee under sub16 paragraph (A) after publication of notice 

17 of such fee in the Federal Register and 

18 shall begin the collection of fees not later 

19 than one year after the date of enactment 

20 of this subsection. 

21 ‘‘(ii) SUBSEQUENT MODIFICATION OF

22 FEES.—The Assistant Secretary may mod23 ify, after publication of notice of such 

24 modification in the Federal Register, the 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 6275 IH

1 imposition or collection of fees under sub2 paragraph (A). 

3 ‘‘(iii) LIMITATION ON COLLECTION.— 

4 No fee may be collected pursuant to sub5 paragraph (A) unless the fee is related to 

6 the payment of the costs specified in such 

7 subparagraph. 

8 ‘‘(C) ADMINISTRATION OF FEES.— 

9 ‘‘(i) DEPOSIT OF AMOUNTS COL10 LECTED.—Amounts collected from the fee 

11 imposed under subparagraph (A) shall be 

12 deposited in the Air Cargo Security Fund 

13 established under paragraph (6). 

14 ‘‘(ii) FEES NOT SUBJECT TO TAX.— 

15 For purposes of section 4261 of the Inter16 nal Revenue Code of 1986, a fee imposed 

17 under subparagraph (A) shall not be treat18 ed as an amount paid for taxable transpor19 tation. 

20 ‘‘(D) RECEIPTS CREDITED AS OFFSETTING

21 COLLECTIONS.—Notwithstanding section 3302 

22 of title 31, United States Code, any fee col23 lected pursuant to subparagraph (A)— 

24 ‘‘(i) shall be credited as offsetting col25 lections to the account that finances the 


tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 6275 IH

1 activities and services for which the fee is 

2 imposed; and 

3 ‘‘(ii) shall be available for expenditure 

4 without further appropriation only to pay 

5 the costs of activities and services for 

6 which the fee is imposed. 

7 ‘‘(E) REFUNDS.—The Assistant Secretary 

8 may refund a fee paid pursuant to subpara9 graph (A) by mistake or in excess of that re10 quired. 

11 ‘‘(6) AIR CARGO SECURITY FUND.— 

12 ‘‘(A) ESTABLISHMENT.—There is estab13 lished in the Department of Homeland Security 

14 a fund to be known as the ‘Air Cargo Security 

15 Fund’ consisting of amounts deposited under 

16 paragraph (5)(C)(i). 

17 ‘‘(B) AVAILABILITY OF AMOUNTS.— 

18 Amounts in the Air Cargo Security Fund shall 

19 remain available until expended by the Assist20 ant Secretary for the costs specified in para21 graph (5)(A). 

22 ‘‘(7) SCREENING DEFINED.—In this subsection, 

23 the term ‘screening’ has the same meaning given the 

24 term under subsection (g)(5).’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS