[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2037 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2037

       To provide for aviation security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 1996

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

_______________________________________________________________________

                                 A BILL


 
       To provide for aviation security, and for other purposes.

    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 ``Aviation Security Act of 1996''.

SEC. 2. ENHANCED SECURITY PROGRAMS.

    (a) In General.--Chapter 449 of title 49, United States Code, is 
amended by adding at the end of subchapter I the following new 
sections:
``Sec. 44916. Enhancement of aviation security
    ``(a) In General.--The Secretary of Transportation (hereafter in 
this section referred to as the `Secretary'), in consultation with the 
Administrator of the Federal Aviation Administration (hereafter in this 
section referred to as the `Administrator') and other appropriate 
officials of the Federal Aviation Administration, shall provide for the 
enhancement of aviation security programs under the jurisdiction of the 
Federal Aviation Administration in accordance with this section.
    ``(b) Improvements in the Examination of Cargo and Checked 
Baggage.--The Secretary, in consultation with the Administrator, 
shall--
            ``(1) review applicable procedures and requirements 
        relating to the security issues concerning screening and 
        examination of cargo and checked baggage to be placed on 
        flights involving intrastate, interstate, or foreign air 
        transportation that are in effect at the time of the review; 
        and
            ``(2) on the basis of that review, develop and implement 
        procedures and requirements that are more stringent than those 
        referred to in paragraph (1) for the screening and examination 
        of cargo and checked baggage to be placed on flights referred 
        to in that subparagraph, including procedures that ensure that 
        only personnel with unescorted access privileges have 
        unescorted access at the airport to--
                    ``(A) an aircraft;
                    ``(B) cargo or checked baggage that is loaded onto 
                an aircraft;
                    ``(C) a cargo hold on an aircraft before passengers 
                are loaded and after passengers debark;
                    ``(D) an aircraft servicing area; or
                    ``(E) a secured area of an airport.
    ``(c) Profiles for Risk Assessment and Risk Reduction Measures.--
            ``(1) In general.--The Secretary, in consultation with the 
        Administrator and appropriate officials of other Federal 
        agencies, shall develop and implement, a methodology to profile 
        the types of passengers, cargo, and air transportation that 
        present, or are most susceptible to, a significant degree of 
        risk with respect to aviation security.
            ``(2) Risk reduction measures.--In addition to developing 
        the methodology for profiles under paragraph (1), the 
        Secretary, in consultation with the Administrator, shall 
        develop and implement measures to address sources that 
        contribute to a significant degree of risk with respect to 
        aviation security, including improved methods for matching and 
        searching luggage or other cargo.
    ``(d) Explosive Detection.--
            ``(1) In general.--The Secretary and the Administrator, in 
        accordance with this section, and section 44913, shall ensure 
        the deployment, by not later than the date specified in 
        subsection (j), of explosive detection equipment that 
        incorporates the best available technology for explosive 
        detection in airports--
                    ``(A) selected by the Secretary on the basis of 
                risk assessments; and
                    ``(B) covered under the plan under paragraph (2).
            ``(2) Plan.--The deployment of explosive detection 
        equipment under paragraph (1) shall be carried out in 
        accordance with a plan prepared by the Secretary, in 
        consultation with the Administrator and other appropriate 
        officials of the Federal Government, to expedite the 
        installation and deployment of that equipment.
            ``(3) Report.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, and annually 
                thereafter, the Secretary shall submit to the Speaker 
of the House of Representatives and the President pro tempore of the 
Senate a report on the deployment of explosive detection devices 
pursuant to the plan developed under paragraph (2).
                    ``(B) Treatment of classified information.--No 
                officer or employee of the Federal Government 
                (including any Member of Congress) may disclose to any 
                person other than another official of the Federal 
                Government in accordance with applicable Federal law, 
                any information in the report under subparagraph (A) 
                that is classified.
    ``(e) Enhanced Screening of Personnel.--
            ``(1) In general.--The Secretary, in consultation with the 
        Administrator, shall establish a program for enhancing the 
        screening of personnel of air carriers or contractors of air 
        carriers (or subcontractors thereof) who--
                    ``(A) in the course of their employment have--
                            ``(i) unescorted access privileges to--
                                    ``(I) an aircraft;
                                    ``(II) cargo or checked baggage 
                                that is loaded onto an aircraft;
                                    ``(III) a cargo hold on an 
                                aircraft; or
                                    ``(IV) an aircraft servicing area; 
                                or
                            ``(ii) security responsibilities that 
                        affect the access and passage of passengers or 
                        cargo in aircraft referred to in subparagraph 
                        (A); and
                    ``(B) any immediate supervisor of an individual 
                referred to in subparagraph (A).
            ``(2) Training.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Administrator, shall--
                            ``(i) review regulations and standards 
                        relating to the training of personnel referred 
                        to in paragraph (1) that are in effect at the 
                        time of the review; and
                            ``(ii) on the basis of that review, 
                        prescribe such regulations and standards 
                        relating to minimum standards for training and 
                        certification as the Secretary determines to be 
                        appropriate.
                    ``(B) Prohibition.--The fact that an individual 
                received training in accordance with this paragraph may 
                not be used as a defense in any action involving the 
                negligence or intentional wrongdoing of that individual 
                in carrying out airline security or in the conduct of 
                intrastate, interstate, or foreign air transportation.
    ``(f) Performance-Based Measures.--The Secretary, in consultation 
with the Administrator, shall--
            ``(1) develop and implement, by the date specified in 
        subsection (j), performance-based measures for all security 
        functions covered under this section that are carried out by 
        personnel referred to in subsection (e)(1); and
            ``(2) require that air carriers and owners or operators of 
        airports that provide intrastate, interstate, or foreign air 
        transportation ensure that those measures are carried out.
    ``(g) Security Checks.--
            ``(1) In general.--The Secretary, in consultation with the 
        Administrator and other appropriate officers and employees of 
        the Federal Government, shall, require comprehensive employment 
        investigations to be conducted for any individual that is 
        employed, or commences employment, in a position described in 
        subsection (e)(1).
            ``(2) Criminal history check.--The employment 
        investigations referred to in paragraph (1) shall include 
        criminal history checks. Notwithstanding any other provision of 
        law, a criminal history check may cover a period longer than 
        the 10-year period immediately preceding--
                    ``(A) the initial date of employment of an 
                individual by an employer; or
                    ``(B) the date on which a criminal history check is 
                conducted for an applicant for employment.
    ``(h) Administrative Actions.--
            ``(1) In general.--The Secretary, in consultation with the 
        Administrator, shall, as appropriate, specify appropriate 
        administrative actions or violations of this section or the 
        regulations prescribed under this section.
            ``(2) Orders.--The administrative actions referred to in 
        paragraph (1) may include an order by the Secretary requiring, 
        in accordance with applicable requirements of this subtitle and 
        any other applicable law--
                    ``(A) the closure of an airport gate or area that 
                the Secretary determines, on the basis of a risk 
                assessment or inspection conducted under this section, 
                should be secured in accordance with applicable 
                requirements of this subtitle; or
                    ``(B) the cancellation of a flight in intrastate, 
                interstate, or foreign air transportation.
            ``(3) Notification.--If the Secretary carries out an 
        administrative action under this subsection, the Secretary 
        shall provide public notice of that action, except in any case 
        in which the President determines that the disclosure of that 
        information would not be in the national security or foreign 
        policy interest of the United States.
    ``(i) Audits and Evaluations.--
            ``(1) In general.--The Secretary shall require each air 
        carrier and airport that provides for intrastate, interstate, 
        or foreign air transportation to conduct periodic audits and 
        evaluations of the security systems of that air carrier or 
        airport.
            ``(2) Reports.--Not later than 1 year after the date of 
        enactment of this section, and annually thereafter, each air 
        carrier and airport referred to in paragraph (1) shall submit 
        to the Secretary a report on the audits and evaluations 
        conducted by the air carrier or airport under this subsection.
            ``(3) Investigations.--The Secretary, in consultation with 
        the Administrator, shall conduct periodic and unannounced 
        inspections of security systems of airports and air carriers to 
        determine whether the air carriers and airports are in 
        compliance with the performance-based measures developed under 
        subsection (f). To the extent allowable by law, the Secretary 
        may provide for anonymous tests of the security systems 
        referred to in the preceding sentence.
    ``(j) Regulations.--Not later than 180 days after the date of 
enactment of this section, the Secretary, in consultation with the 
Administrator and appropriate officers and employees of other Federal 
agencies, shall prescribe and implement such regulations as are 
necessary to carry out this section.
    ``(k) Modification of Existing Programs.--If the Secretary or the 
Administrator determines that a modification of a program in existence 
on the date specified in subsection (j) could be accomplished without 
prescribing regulations to meet the requirements of this section, the 
Secretary or the Administrator may make that modification in lieu of 
prescribing a regulation.
``Sec. 44917. Support for families of victims of transportation 
              disasters
    ``(a) In General.--
            ``(1) Establishment.--The President shall establish, within 
        an appropriate Federal agency, an office to be known as the 
        Office of Family Advocate.
            ``(2) Standards of conduct.--
                    ``(A) In general.--The head of the Federal agency 
                specified in paragraph (1) (hereafter in this section 
                referred to as the ``agency head''), acting through the 
                Office of Family Advocate, shall develop standards of 
                conduct for informing and supporting families of 
                victims of accidents in air commerce and other 
                transportation accidents involving any other form of 
                transportation that is subject to the jurisdiction of 
                the Department of Transportation.
                    ``(B) Consultation.--In developing the standards 
                under this paragraph, the agency head shall consult 
                with--
                            ``(i) appropriate officers and employees of 
                        other Federal agencies;
                            ``(ii) representatives of families of 
                        victims of accidents in air commerce and other 
                        transportation accidents referred to in 
                        subparagraph (A);
                            ``(iii) individuals who are experts in 
                        psychology and trauma counseling; and
                            ``(iv) representatives of air carriers.
            ``(3) Third party involvement.--
                    ``(A) In general.--The agency head, acting through 
                the Office of Family Advocate, shall provide for 
                counseling, support, and protection for the families of 
                victims of transportation accidents referred to in 
                paragraph (2)(A) by--
                            ``(i) consulting with a nongovernmental 
                        organization that the agency head determines to 
                        have appropriate experience and expertise; and
                            ``(ii) if appropriate, entering into an 
                        agreement with a nongovernmental organization 
                        or the head of another appropriate Federal 
                        agency (including the Director of the Federal 
                        Emergency Management Agency) to provide those 
                        services.
            ``(b) Passenger Information.--
            ``(1) In general.--The Secretary of Transportation 
        (hereafter in this section referred to as the `Secretary') 
        shall require each air carrier that provides intrastate, 
        interstate, or foreign air transportation to obtain, at the 
        time of purchase of passage, from each passenger that purchases 
        passage on a flight--
                    ``(A) the full name, address, and daytime and 
                evening telephone numbers of the passenger; and
                    ``(B) the full name and daytime and evening 
                telephone numbers of a contact person designated by the 
                passenger.
            ``(2) Requirement for air carriers.--
                    ``(A) In general.--The Secretary shall require each 
                air carrier that provides intrastate, interstate, or 
                foreign air transportation to provide the information 
                obtained for a flight under paragraph (1) only--
                            ``(i) in the event of an accident in air 
                        commerce in which a serious injury or crime (as 
                        determined by the Secretary) or death occurs; 
                        and
                            ``(ii) in accordance with section 552a of 
                        title 5, United States Code.
                    ``(B) Provision of information.--In the event of an 
                accident in air commerce described in subparagraph (A), 
                if the flight involves--
                            ``(i) intrastate or interstate air 
                        transportation, the air carrier shall provide 
                        the information required to be submitted under 
                        subparagraph (A) not later than 3 hours after 
                        the accident occurs; or
                            ``(ii) foreign air transportation, the air 
                        carrier shall provide such information not 
                        later than 4 hours after the accident occurs.
``Sec. 44918 Exemption; fees
    ``(a) Exemption.--The regulations issued under sections 44916 and 
44917 shall be exempt from any requirement for a cost-benefit analysis 
under chapter 8 of title 5, United States Code, or any other provision 
of Federal law.
    ``(b) Fees.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall determine, and adjust on an annual basis, a fee that 
        shall be assessed against each individual who purchases passage 
        on a flight in intrastate, interstate, or foreign air 
        transportation that is based on the estimated cost of carrying 
        out sections 44916 and 44917.
            ``(2) Limitation on amount.--The amount of a fee assessed 
        under this subsection shall not exceed $2 per flight, per 
        passenger.
            ``(3) Aviation security account.--
                    ``(A) In general.--There shall be established 
                within the Treasury of the United States, an Aviation 
                Security Account. The fees collected under this 
                subsection shall be deposited into that account.
                    ``(B) Use of funds in account.--The Secretary of 
                the Treasury shall make the funds in the account 
                available only to--
                            ``(i) the Secretary of Transportation for 
                        use by the Secretary in accordance with section 
                        44916; and
                            ``(ii) the agency head specified by the 
                        President under section 44917, for use by that 
                        agency head in accordance with that section.''.
    (b) Employment Investigations and Restrictions.--Section 
44936(b)(1)(B) of title 49, United States Code, is amended by striking 
``, in the 10-year period ending on the date of the investigation,''.
    (c) Conforming Amendment.--The analysis for subchapter I of chapter 
449 of title 49, United States Code, is amended by adding at the end 
the following new items:

``44916. Enhancement of aviation security.
``44917. Support for families of victims of transportation disasters.
``44918. Exemption; fees.''.
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