I 
108TH CONGRESS 
1ST SESSION H. R. 1103
To improve air cargo security. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2003
Mr. SCHIFF (for himself, Mr. MCINNIS, Mr. CASE, and Mr. BELL) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure 
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 PAS-
SENGER AIRCRAFT. 
Section 44901(f) of title 49, United States Code, is 
amended to read as follows: 
‘‘(f) CARGO.—
‘‘(1) IN
GENERAL.—The Under Secretary of 
Transportation for Security shall establish systems 
to screen, inspect, or otherwise ensure the security 
of all cargo that is to be transported in—
‘‘(A) passenger aircraft operated by an air 
carrier or foreign air carrier in air transpor-
tation or intrastate air transportation; or 
‘‘(B) all-cargo aircraft in air transpor-
tation and intrastate air transportation. 
‘‘(2) STRATEGIC PLAN.—The Under Secretary 
shall develop a strategic plan to carry out paragraph 
(1).’’. 
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 
‘‘The Under Secretary of Transportation for Security 
shall establish a system for the regular inspection of ship-
ping 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 shall enter into arrangements with the 
civil aviation authorities, or other appropriate officials, of
foreign countries to ensure that inspections are conducted 
on a regular basis at shipping facilities for cargo trans-
ported in air transportation to the United States.’’. 
(b) ADDITIONAL INSPECTORS.—The Under Secretary 
for Transportation Security may increase the number of 
inspectors as necessary to implement the requirements of 
title 49, United States Code, as amended by this subtitle. 
(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. CARGO CARRIED ABOARD PASSENGER AIRCRAFT. 
(a) IN GENERAL.—Subchapter I of chapter 449 of 
title 49, United States Code, is further amended by adding 
at the end the following: 
‘‘§ 44923. Air cargo security 
‘‘(a) DATABASE.—The Under Secretary of Transpor-
tation for Security shall establish an industry-wide pilot 
program database of known shippers of cargo that is to 
be transported in passenger aircraft operated by an air 
carrier or foreign air carrier in air transportation or intra-
state air transportation. The Under Secretary shall use 
the results of the pilot program to improve the known 
shipper program. 
‘‘(b) INDIRECT AIR CARRIERS.—
‘‘(1) RANDOM INSPECTIONS.—The Under Sec-
retary shall conduct random audits, investigations, 
and inspections of indirect air carrier facilities to de-
termine if the indirect air carriers are meeting the 
security requirements of this title. 
‘‘(2) ENSURING COMPLIANCE.—The Under Sec-
retary may take such actions as may be appropriate 
to promote and ensure compliance with the security 
standards established under this title. 
‘‘(3) NOTICE OF FAILURES.—The Under Sec-
retary shall notify the Secretary of Transportation 
of any indirect air carrier that fails to meet security 
standards established under this title. 
‘‘(4) SUSPENSION OR REVOCATION OF CERTIFI-
CATE.—The Secretary, as appropriate, shall suspend 
or revoke any certificate or authority issued under 
chapter 411 to an indirect air carrier immediately 
upon the recommendation of the Under Secretary. 
Any indirect air carrier whose certificate is sus-
pended or revoked under this subparagraph may ap-
peal the suspension or revocation in accordance with
procedures established under this title for the appeal 
of suspensions and revocations. 
‘‘(5) INDIRECT
AIR
CARRIER.—In this sub-
section, the term ‘indirect air carrier’ has the mean-
ing given that term in part 1548 of title 49, Code 
of Federal Regulations. 
‘‘(c) CONSIDERATION OF COMMUNITY NEEDS.—In 
implementing air cargo security requirements under this 
title, the Under Secretary may take into consideration the 
extraordinary air transportation needs of small or isolated 
communities and unique operational characteristics of car-
riers that serve those communities.’’. 
(b) ASSESSMENT OF INDIRECT AIR CARRIER PRO-
GRAM.—The Under Secretary of Transportation for Secu-
rity shall assess the security aspects of the indirect air 
carrier program under part 1548 of title 49, Code of Fed-
eral Regulations, and report the result of the assessment, 
together with any recommendations for necessary modi-
fications of the program to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives within 45 days after the date of enact-
ment of this Act. The Under Secretary may submit the 
report and recommendations in classified form. 
(c) REPORT TO CONGRESS ON RANDOM AUDITS.—
The Under Secretary shall report to the Committee on 
Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of 
the House of Representatives on random screening, au-
dits, and investigations of air cargo security programs 
based on threat assessments and other relevant informa-
tion. The report may be submitted in classified form. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation such sums as may be necessary to carry 
out this section. 
(e) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 449 of title 49, United States Code, is 
further amended by adding at the end the following:
‘‘44923. Air cargo security.’’.
SEC. 5. TRAINING PROGRAM FOR CARGO HANDLERS. 
The Under Secretary of Transportation for Security 
shall establish a training program for any persons that 
handle air cargo to ensure that the cargo is properly han-
dled and safeguarded from security breaches. 
SEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT. 
(a) IN GENERAL.—The Under Secretary of Trans-
portation for Security shall establish a program requiring 
that air carriers operating all-cargo aircraft have an ap-
proved plan for the security of their air operations area, 
the cargo placed aboard such aircraft, and persons having 
access to their aircraft on the ground or in flight. 
(b) PLAN REQUIREMENTS.—The plan shall include 
provisions for—
(1) security of each carrier’s air operations 
areas and cargo acceptance areas at the airports 
served; 
(2) background security checks for all employ-
ees with access to the air operations area; 
(3) appropriate training for all employees and 
contractors with security responsibilities; 
(4) appropriate screening of all flight crews and 
persons transported aboard all-cargo aircraft; 
(5) security procedures for cargo placed on all-
cargo aircraft as provided in section 44901(f)(1)(B) 
of title 49, United States Code; and 
(6) additional measures deemed necessary and 
appropriate by the Under Secretary. 
(c) CONFIDENTIAL INDUSTRY REVIEW
AND COM-
MENT.—
(1) CIRCULATION
OF
PROPOSED
PROGRAM.—
The Under Secretary shall—
(A) propose a program under subsection 
(a) within 90 days after the date of enactment 
of this Act; and 
(B) distribute the proposed program, on a 
confidential basis, to those air carriers and 
other employers to which the program will 
apply.
(2) COMMENT PERIOD.—Any person to which 
the proposed program is distributed under para-
graph (1) may provide comments on the proposed 
program to the Under Secretary not more than 60 
days after the date on which the proposed program 
is so distributed. 
(3) FINAL
PROGRAM.—The Under Secretary 
shall issue a final program under subsection (a) not 
later than 45 days after the last date on which com-
ments may be provided under paragraph (2). The 
final program shall contain time frames for the 
plans to be implemented by each air carrier or em-
ployer to which it applies. 
(4) SUSPENSION
OF
PROCEDURAL
NORMS.—
Neither chapter 5 of title 5, United States Code, nor 
the Federal Advisory Committee Act (5 U.S.C. 
App.) shall apply to the program required by this 
section.
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