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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the Air Cargo Security Act. 
SEC. 2. INSPECTION OF CARGO CARRIED ABOARD AIR-
CRAFT. 
Section 44901 of title 49, United States Code, is 
amended—
(1) by redesignating subsections ‘‘(g)’’ and 
‘‘(h)’’ as subsections ‘‘(h)’’ and ‘‘(i)’’, respectively; 
and
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) AIR CARGO ON AIRCRAFT.—
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish systems to inspect cargo to 
ensure the security of all such cargo transported in 
aircraft operated by an air carrier or foreign air car-
rier in air transportation or intrastate air transpor-
tation. Such systems shall use equipment, tech-
nology, and personnel to inspect cargo that, at a 
minimum, meet the same standards established to 
inspect passenger baggage. 
‘‘(2) IMPLEMENTATION PLAN.—The Secretary 
shall develop an implementation plan to carry out 
paragraph (1). 
‘‘(3) RESEARCH AND DEVELOPMENT OF NEW 
TECHNOLOGIES.—The Secretary shall monitor and 
evaluate the research and development of effective 
cargo screening technologies.’’. 
SEC. 3. AIR CARGO SHIPPING. 
(a) IN GENERAL.—Subchapter I of chapter 449 of 
title 49, United States Code, is amended by adding at the 
end the following:
‘‘§ 44922. Regular inspections of air cargo shipping 
facilities 
‘‘(a) REGULAR INSPECTIONS.—Not later than 30 
days after the date of enactment of the Air Cargo Security 
Act, the Secretary of Homeland Security shall—
‘‘(1) establish a system for the regular inspec-
tion of shipping facilities for shipments of cargo 
transported in air transportation or intrastate air 
transportation to ensure that appropriate security 
controls, systems, and protocols are observed; and 
‘‘(2) enter into arrangements with the civil 
aviation authorities, or other appropriate officials, of 
foreign countries to ensure that inspections are con-
ducted on a regular basis at shipping facilities for 
cargo transported in air transportation to the United 
States. 
‘‘(b) REPORTS.—Not later than 210 days after the 
date of enactment of the Air Cargo Security Act and each 
year thereafter, the Secretary shall transmit to Congress 
a report that states—
‘‘(1) the number of shipping facilities that have 
been inspected; 
‘‘(2) the number of facilities that are not in 
compliance with appropriate security controls, sys-
tems, and protocols;
‘‘(3) specific consequences imposed for a facility 
not in compliance as determined by the Secretary; 
and 
‘‘(4) the number of arrangements entered into 
with civilian authorities, other appropriate officials, 
of foreign countries to ensure regular inspections are 
conducted for cargo transported in air transpor-
tation to the United States.’’. 
(b) ADDITIONAL INSPECTORS.—The Secretary may 
increase the number of inspectors as necessary to imple-
ment the requirements of title 49, United States Code, 
as amended by this Act. 
(c) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 449 of title 49, United States Code, is 
amended by adding at the end the following:
‘‘44922. Regular inspections of air cargo shipping facilities.’’.
SEC. 4. TRAINING PROGRAM FOR CARGO HANDLERS. 
The Secretary of Homeland Security shall establish 
a training and evaluation program for any persons that 
handle air cargo to ensure that the cargo is properly han-
dled and safeguarded from security breaches. 
SEC. 5. EFFECTIVE DATE. 
Except as otherwise provided, this Act and the 
amendments made in this Act shall take effect 180 days 
after the date of enactment of this Act.
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