I 111th CONGRESS 2d Session H. R. 6275 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.

Short title

This Act may be cited as the Air Cargo Security Act of 2010.

2.

Federal air cargo screening program

Section 44901 of title 49, United States Code, is amended by adding at the end the following: (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 (Transportation 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 foreign air carrier in air transportation or intrastate air transportation. (2)

Minimum standards

The Assistant Secretary shall establish standards for the equipment, technology, procedures, personnel, and methods utilized to conduct screening pursuant to this subsection. The standards shall provide a level of security 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). (4)

Authority to contract

The Assistant Secretary is authorized to enter into contracts with nongovernmental entities (including air carriers and foreign air carriers) to conduct air cargo screening pursuant to this subsection. (5)

Air cargo screening fee

(A)

In general

The Assistant Secretary shall impose and collect a uniform fee for air cargo screening pursuant to this subsection in an amount that the Assistant Secretary estimates will result in an aggregate collection of fees equal to the amount the Assistant Secretary estimates for the following costs: (i)The salary, benefits, overtime, retirement, 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 established 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 maintenance of equipment used by such personnel. (iii)The costs of performing background investigations of personnel deployed at Federal air cargo screening centers established under this subsection. (iv)The costs of capital improvements relating to air cargo screening at airports. (v)Any other costs the Assistant Secretary considers necessary and appropriate. (B)

Imposition of fees

(i)

In general

The Assistant Secretary shall impose the fee under subparagraph (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 modify, after publication of notice of such modification in the Federal Register, the imposition or collection of fees under subparagraph (A). (iii)

Limitation on collection

No fee may be collected pursuant to subparagraph (A) unless the fee is related to the payment of the costs specified in such subparagraph. (C)

Administration of fees

(i)

Deposit of amounts collected

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 Internal Revenue Code of 1986, a fee imposed under subparagraph (A) shall not be treated as an amount paid for taxable transportation. (D)

Receipts credited as offsetting collections

Notwithstanding section 3302 of title 31, United States Code, any fee collected pursuant to subparagraph (A)— (i)shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; and (ii)shall be available for expenditure without further appropriation only to pay the costs of activities and services for which the fee is imposed. (E)

Refunds

The Assistant Secretary may refund a fee paid pursuant to subparagraph (A) by mistake or in excess of that required. (6)

Air cargo security fund

(A)

Establishment

There is established in the Department of Homeland Security a fund to be known as the Air Cargo Security Fund consisting of amounts deposited under paragraph (5)(C)(i). (B)

Availability of amounts

Amounts in the Air Cargo Security Fund shall remain available until expended by the Assistant Secretary for the costs specified in paragraph (5)(A). (7)

Screening defined

In this subsection, the term screening has the same meaning given the term under subsection (g)(5). .