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 Cali-
fornia, and Mr. JONES) introduced the following bill; which was referred 
to the Committee on Homeland Security, and in addition to the Com-
mittee 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. 
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 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: 
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‘‘(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 (Trans-
portation 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 for-
eign air carrier in air transportation or intrastate air 
transportation. 
‘‘(2) MINIMUM
STANDARDS.—The Assistant 
Secretary shall establish standards for the equip-
ment, technology, procedures, personnel, and meth-
ods utilized to conduct screening pursuant to this 
subsection. The standards shall provide a level of se-
curity 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). 
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‘‘(4) AUTHORITY TO CONTRACT.—The Assist-
ant Secretary is authorized to enter into contracts 
with nongovernmental entities (including air carriers 
and foreign air carriers) to conduct air cargo screen-
ing pursuant to this subsection. 
‘‘(5) AIR CARGO SCREENING FEE.— 
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary shall impose and collect a uniform fee for 
air cargo screening pursuant to this subsection 
in an amount that the Assistant Secretary esti-
mates will result in an aggregate collection of 
fees equal to the amount the Assistant Sec-
retary estimates for the following costs: 
‘‘(i) The salary, benefits, overtime, re-
tirement, 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 estab-
lished 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 mainte-
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nance of equipment used by such per-
sonnel. 
‘‘(iii) The costs of performing back-
ground investigations of personnel de-
ployed at Federal air cargo screening cen-
ters established under this subsection. 
‘‘(iv) The costs of capital improve-
ments relating to air cargo screening at 
airports. 
‘‘(v) Any other costs the Assistant 
Secretary considers necessary and appro-
priate. 
‘‘(B) IMPOSITION OF FEES.— 
‘‘(i) IN
GENERAL.—The Assistant 
Secretary shall impose the fee under sub-
paragraph (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 mod-
ify, after publication of notice of such 
modification in the Federal Register, the 
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imposition or collection of fees under sub-
paragraph (A). 
‘‘(iii) LIMITATION ON COLLECTION.— 
No fee may be collected pursuant to sub-
paragraph (A) unless the fee is related to 
the payment of the costs specified in such 
subparagraph. 
‘‘(C) ADMINISTRATION OF FEES.— 
‘‘(i) DEPOSIT
OF
AMOUNTS
COL-
LECTED.—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 Inter-
nal Revenue Code of 1986, a fee imposed 
under subparagraph (A) shall not be treat-
ed as an amount paid for taxable transpor-
tation. 
‘‘(D) RECEIPTS CREDITED AS OFFSETTING 
COLLECTIONS.—Notwithstanding section 3302 
of title 31, United States Code, any fee col-
lected pursuant to subparagraph (A)— 
‘‘(i) shall be credited as offsetting col-
lections to the account that finances the 
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