[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1103 Introduced in House (IH)]
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 Representatives 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 PASSENGER 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 transportation or
intrastate air transportation; or
``(B) all-cargo aircraft in air transportation 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:
``Sec. 44922. Regular inspections of air cargo shipping facilities
``The Under Secretary of Transportation for Security shall
establish a system for the regular inspection 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 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 transported 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 analysis 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:
``Sec. 44923. Air cargo security
``(a) Database.--The Under Secretary of Transportation 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 intrastate 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 Secretary shall
conduct random audits, investigations, and inspections of
indirect air carrier facilities to determine if the indirect
air carriers are meeting the security requirements of this
title.
``(2) Ensuring compliance.--The Under Secretary 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 Secretary 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 certificate.--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
suspended or revoked under this subparagraph may appeal 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 subsection, the term
`indirect air carrier' has the meaning 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
carriers that serve those communities.''.
(b) Assessment of Indirect Air Carrier Program.--The Under
Secretary of Transportation for Security shall assess the security
aspects of the indirect air carrier program under part 1548 of title
49, Code of Federal Regulations, and report the result of the
assessment, together with any recommendations for necessary
modifications of the program to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives within 45 days after the
date of enactment 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, audits, and
investigations of air cargo security programs based on threat
assessments and other relevant information. 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 analysis 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 handled and safeguarded from security breaches.
SEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.
(a) In General.--The Under Secretary of Transportation for Security
shall establish a program requiring that air carriers operating all-
cargo aircraft have an approved 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 employees 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 Comment.--
(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 paragraph (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 comments may be provided under paragraph
(2). The final program shall contain time frames for the plans
to be implemented by each air carrier or employer 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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