S. 3954: A bill to improve air cargo security

November 30, 2010 at 8:47 pm | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

S. 3954: A bill to improve air cargo security was introduced on November 17, 2010 by Sen. Robert Casey (D-PA):

S 3954 IS

111th CONGRESS

2d Session

S. 3954

To improve air cargo security.

IN THE SENATE OF THE UNITED STATES

November 17, 2010

Mr. CASEY introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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 ALL-CARGO AIRCRAFT.

Section 44901(f) of title 49, United States Code, is amended to read as follows:

`(f) Air Cargo on All-Cargo Aircraft-

`(1) IN GENERAL- The Secretary of Homeland Security shall establish a system for screening and inspecting all cargo transported in all-cargo aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation to ensure the security of such aircraft.

`(2) MINIMUM STANDARDS- The system referred to in paragraph (1) shall require that equipment, technology, procedures, personnel, and other methods approved by the Administrator of the Transportation Security Administration that are used for screening cargo transported in all-cargo aircraft provide a level of security commensurate with the level of security provided for screening passenger checked baggage, in accordance with the implementation schedule set forth in paragraph (3).

`(3) IMPLEMENTATION SCHEDULE- The Secretary shall ensure that–

`(A) beginning not later than 18 months after the date of the enactment of the Air Cargo Security Act, at least 50 percent of the cargo described in paragraph (1) is screened in accordance with the inspection system established under this subsection; and

`(B) beginning not later than 3 years after the date of the enactment of such Act, 100 percent of such cargo is screened in accordance with such system.

`(4) 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:

`Sec. 44927. Regular inspections of air cargo shipping facilities

`(a) Regular Inspections- Not later than 30 days after the date of the enactment of the Air Cargo Security Act, the Secretary of Homeland Security–

`(1) shall establish a system for regularly screening and inspecting shipments of cargo transported in air transportation or intrastate air transportation at shipping facilities to ensure that appropriate security controls, systems, and protocols are observed; and

`(2) in consultation with the Secretary of State, shall enter into arrangements with civil aviation authorities, or other appropriate officials, of foreign countries to ensure the regular screening and inspection of cargo to be transported in air transportation to the United States at shipping facilities in such countries.

`(b) Defined Term- In this section, the term `screening’ means using the air cargo inspection procedures required under section 44901(f).

`(c) Reports- Not later than 210 days after the date of the enactment of the Air Cargo Security Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that describes–

`(1) the number of shipping facilities that have been inspected in accordance with subsection (a)(1);

`(2) the number of such facilities that are not in compliance with required security controls, systems, and protocols;

`(3) the specific consequences imposed upon each facility that the Secretary determined was not in compliance with the system established under subsection (a)(1); and

`(4) the countries with which the Secretary has entered into arrangements to ensure regular screenings and inspections of cargo transported in air transportation to the United States.’.

(b) Additional Inspectors- The Secretary may increase the number of air cargo inspectors to the extent necessary to carry out the screenings and inspections required by sections 44901(f) and 44927 of title 49, United States Code, as added by this Act.

(c) Conforming Amendment- The chapter analysis for chapter 449 of title 49, United States Code, is amended by adding at the end the following:

`44927. Regular inspections of air cargo shipping facilities.’.

SEC. 4. TRAINING PROGRAM FOR CARGO HANDLERS.

Section 44935 of title 49, United States Code, is amended–

(1) by redesignating subsection (i) (as added by section 3(b) of the Airport Security Improvement Act of 2000 (Public Law 106-528; 114 Stat. 2520), and redesignated by section 111(a)(1) of the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 616)), as subsection (k); and

(2) by adding at the end the following:

`(l) Training Program for Cargo Handlers- The Secretary of Homeland Security shall establish a training and evaluation program for all individuals that handle air cargo to ensure that such cargo is properly handled and safeguarded from security breaches.’.

SEC. 5. EFFECTIVE DATE.

Except as otherwise provided, this Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.

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