[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9586-S9590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 2037. A bill to provide for aviation security, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


                   The Aviation Security Act of 1996

  Mr. LAUTENBERG. Mr. President, I rise today to introduce the Aviation 
Security Act [ASA]. This legislation is designed to significantly 
enhance security measures at U.S. airports, to better protect those who 
fly.
  Mr. President, I join with all Americans in expressing my sorrow at 
the loss of 230 innocent lives in the crash of TWA flight 800. My 
sympathy and prayers are with the victims' families and friends as they 
struggle to cope with this tragedy.
  At this time, the sea has not yielded its secrets, and we do not have 
conclusive evidence of why the jet crashed. However, terrorism appears 
to be the likely cause of the disaster.
  Whether or not the cause of the crash was a bomb, this disaster has 
focused national attention on the fact that America's shores are not 
immune from terrorism. And this is a threat which I fear will only 
increase in scope and sophistication over the next few years.
  Terrorism is an act of war, not against any specific individual, but 
against our entire nation. Consequently, protecting ourselves from

[[Page S9587]]

this scourge is a matter of national security, and we must act 
accordingly. We must treat this threat as seriously as any declared 
war. And we need to adopt measures--and attitudes--to aggressively 
combat this twentieth century plague.
  Mr. President, living in a free society, there is only so much we can 
do to protect every public building, park and gathering place. However, 
terrorists usually target a nation where it's most vulnerable. And 
perhaps nowhere are we more vulnerable than in our air security system.
  Mr. President, after the past few agonizing days, it's all too 
apparent that we must significantly upgrade security measures at U.S. 
airports. Although it may be impossible to stop every terrorist who is 
determined to bomb an airline, security can be significantly enhanced 
to better protect those who fly. And it must be continually improved as 
threats and technology change.
  The 1.5 million people who daily board flights at American airports 
undergo security measures which were designed decades ago to stop 
highjackers with metal guns and knives. These measures are inadequate 
when dealing with terrorists with Semtex and other plastic explosives. 
Such explosives are so dangerous that less than 2 pounds can shred a 
jumbo jet into a pile of scrap metal.

  The problem of inadequate protection stems from many causes. In most 
other countries, government is responsible for air security. In the 
United States, the Government, the airlines and the airports share 
responsibility. The highly competitive airlines, many of which are 
experiencing financial difficulties, face an inevitable and difficult 
conflict of interest. Although the Federal Aviation Administration 
issues minimum security standards, individual airlines and airports are 
responsible for implementing them.
  There are also multiple loopholes in the present security system. On 
U.S. domestic flights, bags and passengers are not even required to 
travel together. And there are many other points of vulnerability, 
including cargo and mail.
  It is true that our safety procedures were upgraded after the 
Lockerbie disaster. As a member of the President's Commission on 
Aviation Security and Terrorism, I helped draft the Aviation Security 
Improvement Act of 1990. Among its 38 provisions were requirements that 
the FAA accelerate explosives detection research and heighten security 
checks on airport personnel.
  Additionally, on July 25, the President announced new air travel 
security measures. These improvements, which include increased searches 
of carry-on luggage and required pre-flight cargo and cabin 
inspections, will certainly enhance security. However, they do not go 
far enough.
  Over the past few weeks, I have been briefed by some of our nation's 
best experts in the field of aviation safety. They are concerned that 
terrorists are outstripping our current procedures, and are breaking 
through America's cordon of safety. We can do better; we must do 
better. It will require leadership and decisiveness.
  This Senator believes that we must institute a truly comprehensive 
security system. In order to achieve this, we must do at least three 
things. We must adequately invest in security technology in proportion 
to the increasing threat of terrorism. We must ensure that the airlines 
enforce necessary security measures at the gate. And we must make sure 
that our security personnel are adequately trained and perform well.
  To begin the debate on these matters, I am introducing the Aviation 
Security Act (ASA). This legislation effectively addresses the problems 
which have become apparent recently, by charging the Department of 
Transportation with implementing a comprehensive aviation security 
system.
  To enhance security before travelers reach the airport, and once they 
are at the gate, my bill mandates increased screening of passengers, 
luggage, and cargo. It also requires that the Department of 
Transportation review and upgrade the current procedures for examining 
cargo on passenger flight.

  To identify passengers and cargo that pose a heightened risk--in 
other words, to stop the bad guys before they board or get a package on 
board--this legislation requries the Department of Transportation to 
develop a methodology to profile passengers and cargo. It also requires 
that air carriers implement this methodology and institute contingency 
plans for dealing with individuals identified as potential threats. For 
those individuals and cargo that pose the greatest threat, airports and 
airlines would be required to develop and utilize additional measures, 
including bag-match, personal interview, and enhanced bag search.
  To complement the additional profiling and security measures, my 
legislation also mandates expedited installation of explosive detection 
devices at those airports which the Department of Transportation 
identifies as facing the greatest risk. These devices will include 
density evaluators, scanners, trace and vapor detectors.
  Mr. President, the importance of installing these detection systems, 
as soon as possible, cannot be overemphasized. The latest luggage 
scanners, which can detect the most elusive plastic explosives, are now 
not generally used in U.S. airports. The most advanced scanning 
machine, the CTX-5000, works like a CAT Scan, providing a three 
dimensional image. There are 14 in use in Europe and Israel, and two 
are being installed in Manila. In our country, they are currently being 
tested in only Atlanta, which has two, and San Francisco. Another 
device, the EGIS machine, uses air samples from passengers' luggage to 
check for vapors emitted by explosives. Various overseas airports 
utilize the machine, but it's being used on only a limited basis in the 
United States. This, and other technologies, which can detect liquid 
explosives and trace chemicals, need to be further developed and 
deployed.
  Just as important as any new machine or measure is hiring well 
trained security people. Most airlines, to save money, contract with 
security companies for low-wage workers with minimal education and 
little experience. Training is cursory and turnover is high. Yet, this 
person may be the last line of defense between a plane full of innocent 
people and a suicide bomber. By contrast, European security personnel 
are usually highly trained, educated, speak several languages and have 
taken courses in psychology.
  This legislation requires that airport personnel who have security 
duties or who have access to any secure area must meet stringent 
requirements for training, job performance and security checks.
  In conjunction with training, performance measures will be developed 
to assess how well security personnel are doing their jobs. Also, 
comprehensive investigations, including criminal history checks, will 
be required of all personnel in this category.
  The importance of the human factor in improving security is probably 
best evidenced by the case of Ramzi Ahmed Yousef. Yousef is currently 
on trial in New York for his alleged role in the 1994 bombing of the 
World Trade Center. Less well known are the details of a plot to join 
two other men in blowing up a dozen U.S. jumbo jets in 1995.
  In a 2-day reign of terror, Yousef and his compatriots planned to 
bomb 12 planes, with over 4,000 people on board. The motive was to 
provoke an end to United States support of Israel.
  The heart of each bomb was a timer built by rewiring a common Casio 
digital watch. The timer would then be connected to a liquid 
nitroglycerin, disguised as contact lens solution. Even the newest 
screening devices would have extreme difficulty detecting the 
substance. Only human vigilance may have been able to stop these 
murderers if they had reached the airport gate. Luckily, the plot was 
discovered by police in the Philippines before the night's sky was set 
ablaze.
  In addition to security, what became painfully obvious this week is 
that procedures to notify and counsel the families of airline disaster 
victims are totally inadequate. Compassion dictates that we need to 
adopt more efficient and humane procedures.
  This legislation establishes, perhaps within the National 
Transportation Safety Board, the Office of Family Advocate. In 
consultation with the Department of State, the Department of 
Transportation, experts in psychology and representatives of victims' 
families, this Office will develop standards for informing, counseling 
and supporting grieving families. Providing this assistance is not just 
common sense, it's common decency.

[[Page S9588]]

  Additionally, this legislation requires that information, such as 
full name, phone numbers and contact person, be collected when a 
passenger purchases a ticket. This information would be provided to the 
Office of Family Advocate within a specified time period after an air 
disaster.
  Mr. President, a comprehensive security system will be expensive. The 
FAA has estimated that it could cost up to $6 billion over the next 10 
years, to pay for security improvements. We need to decide how to pay 
the bill--and we need to remember that this legislation is not about 
spending dollars, it is about saving lives.
  ASA proposes that an aviation security fee, or small surcharge of no 
more than $2 per one way ticket or $4 per round trip ticket, be 
instituted to pay for needed improvements. I would note that recent 
polls suggest that Americans are willing to pay as much as an extra $50 
per ticket to upgrade security.
  An alternative financing mechanism would be to authorize the 
Department of Defense to transfer such funds as may be necessary to 
implement the provisions of the Act. In drawing on defense funds, we 
would recognize that terrorism is a threat to our national security.
  Mr. President, a truly comprehensive system should be put in place as 
soon as possible. Although not a panacea for every airport security 
problem, it can provide significant protection for travelers.
  Of course, to truly enhance security, there is another price we all 
must pay. We must be willing to submit to some delay, inconvenience and 
intrusion when traveling by air. In London, travelers are patted down. 
And in many Arab airports, passengers must negotiate fourteen 
checkpoints before boarding. Anyone who flies coach on El Al, the 
Israeli national airline, is required to report to the airport 3 hours 
ahead of a scheduled flight. The FAA is working on how to minimize 
disruption while enhancing security. But we must be willing to make 
some trade-offs, giving up easy and quick experiences on the ground, 
for added security in the air.
  Finally, it would be inappropriate for me to close without discussing 
the issue of terrorism. As a Nation, we need to better address the 
overall problem. We need to clamp down on domestic fundraising for 
Middle East Terrorist organizations. Press reports indicate that 
approximately $10 million is being sent annually by Americans to the 
terrorist group Hamas. We also need to encourage our allies in the 
Middle East to fight terrorist organizations in the region. And we must 
work with the international community to target the economies of 
countries that sponsor terrorism. We also cannot rule out the use of 
force, where necessary.
  If the crash of TWA flight 800 was the work of terrorists, then they 
may think that they have won the battle--but they certainly haven't won 
the war. We can fight back.
  But even if this tragedy was not the result of an evil act, but an 
unfortunate accident, we should not delay upgrading our security 
systems. We need to change the way this country approaches security. We 
need to be more proactive, anticipating and pre-empting changes in 
terrorist methods, rather than being reactive--always waiting for 
something to happen before we act.
  To those who would try to deny the seriousness of the threat, and the 
intensity of anti-American feelings in many parts of the world, I want 
to again recall Ramzi Yousef's legacy of hatred. When questioned by a 
Pakistani interrogator as to his real motive, Yousef remarked, ``This 
is * * * the best thing, I enjoy it.'' He went on to explain that the 
United States is the first country in the world making trouble for the 
Muslim people. Consequently, he was willing to send 4,000 innocent 
people to their deaths.

  Many of the scenes which have flickered across our T.V. screens over 
the past 2 weeks can never be forgotten. But there is one moment, in 
particular, which will always remain with me. A husband and father, who 
had lost his wife and two daughters in the disaster, hired a helicopter 
to fly over the crash site, which I had visited last weekend. Once 
there, he tossed two red roses on the water for his wife, and three 
white rosebuds for his little girls. And as I watched the news footage 
which showed the flowers slowly drifting in all directions, I thought 
of everything which the sea now held--the future lives of those taken 
too soon, and the past memories of those left behind.
  I can think of no better memorial to those who died, and to those who 
were left behind to carry on, than to work to ensure that such a 
tragedy does not happen again. For the living, and in memory of the 
deceased, we must act now.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2037

       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,

[[Page S9589]]

     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

[[Page S9590]]

       ``(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.''.
                                                                    ____


                       Aviation Security Proposal


       (1) DOT to implement an enhanced aviation security system

       Cargo and checked baggage--The Secretary shall review 
     current procedures for examining cargo and checked baggage on 
     passenger flights and implement a program to reduce all 
     significant security risks. That program shall include, but 
     not be limited to, procedures that restrict access to 
     passenger, cargo, cargo hold and aircraft servicing areas.
       Profiling risk assessment--the Secretary shall develop, in 
     consultation with appropriate federal authorities, a 
     methodology to profile passengers, cargo and flights for both 
     pre-airport and airport arrival to identify those passengers 
     and cargo that present a possible risk to aviation security. 
     The Secretary will require that air carriers implement this 
     methodology and develop contingency actions described below 
     with respect to those persons and cargo identified by the 
     methodology. Those measures may include, but not be limited 
     to, bag-match and enhanced bag search.
       Explosive Detection Systems--the Secretary shall identify, 
     based on profiles and other information and measures 
     developed in consultation with appropriate federal agencies, 
     all flights that pose the greatest risk to security, and 
     ensure that enhanced, state-of-the-art, explosive detection 
     devices are installed in the appropriate airports to protect 
     against those risks. The Secretary shall, within six months 
     from the enactment of this Act, develop and implement a plan 
     to phase in expedited installation of the devices at priority 
     airports. The Secretary shall submit an annual report to the 
     Speaker of the House of Representatives and the President of 
     the Senate on the progress of the plan. The report may be 
     classified or unclassified at the Secretary's discretion.


         (2) Increased screening for certain airport personnel

       Classification of Airport Personnel--the provisions of this 
     section shall apply to those personnel employed by air 
     carriers or their contractors or subcontractors who, through 
     duties and work location, either (a) have unescorted access 
     to all or portions of aircraft that are engaged in the 
     transportation of passengers for hire, or (b) have security 
     responsibilities that affect the access and passage of 
     passengers and/or cargo into the proximity of passenger 
     carrying aircraft.
       Training--the Secretary shall review existing standards 
     and, where necessary, impose additional minimum standards for 
     training and certification of security personnel. The fact 
     that the employee passed the minimum standards shall not 
     relieve the air carrier of responsibility if he later is 
     responsible for, or contributes to, an incident or an 
     accident.
       Performance Based Measures--the Secretary shall develop 
     performance based measures for all personnel security 
     functions and implement actions to require the air carriers 
     or airports, as appropriate, to accomplish those measures.
       Security Checks--the Secretary shall require comprehensive 
     employment investigations on new hires and existing 
     employees, including but not limited to criminal history 
     checks. This provision also lifts the current restriction of 
     ten years on the employee's history.
       Penalties--the Secretary shall, within six months from 
     enactment, promulgate regulations that impose penalties for 
     violations that are commensurate with the seriousness of the 
     offense. Such penalties may include temporary suspension of 
     the operating certificate, immediate closure of a gate or 
     secure area, cancellation of flights, public notification of 
     violations or actual revocation of the operating certificate.


             (3) Mandated Operational Checks of the System

       Self-audits and evaluations--the Secretary shall require 
     air carriers and airports to conduct audits and evaluations 
     on the efficacy of the security systems, and issue annual 
     reports of their results to the Secretary.
       The Secretary shall conduct regular, unannounced and/or 
     anonymous tests of the airport and air carrier's security 
     systems to determine whether the systems are in compliance 
     with the performance based measures as determined by the 
     Secretary.


    (4) Support for Families of Victims of Transportation Disasters

       Family Advocate--there shall be established an Office of 
     Family Advocate in the appropriate federal agency to be 
     determined by the President. The Office shall develop 
     standards of conduct for informing and supporting families of 
     victims. The standards shall be developed in consultation 
     with any federal agency, representatives of families of 
     victims of airline or other transportation disasters, 
     psychological experts and air carriers.
       Third party involvement--the Office shall consult with a 
     third party organization that has the appropriate experience, 
     in offering counseling, support and protection for the 
     families of victims. the Office is authorized to task an 
     organization or other government agency, to carry out the 
     necessary tasks, if appropriate, including the Federal 
     Emergency Management Agency.
       Passenger information--the Secretary shall require air 
     carriers, both domestic and foreign flag carriers, to collect 
     the following information at the time of passenger's ticket 
     purchase: full name, address, telephone number (daytime and 
     nighttime) and contact person. The Secretary shall require 
     air carriers to provide, within three hours for domestic 
     flights and four hours for international flights, such 
     information to the Office of Family Advocate only in the 
     event of a transportation disaster where serious injury or 
     death occurred.


                              (5) Funding

       Fee per ticket--the Secretary shall determine a fee to be 
     assessed on each airline ticket, the amount of which is based 
     on the cost to implement the provisions of this Act, but not 
     to exceed $4 per ticket. The Secretary shall begin assessing 
     the fee within 30 days from the enactment of this Act.
       Aviation Security Account--there shall be established 
     within the Department, an Aviation Security Account. The fees 
     shall be collected and credited to relevant appropriations 
     within the FAA.
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