Calendar No. 571
104TH CONGRESS
2D SESSION
H. R. 3953
AN ACT
To combat terrorism.
SEPTEMBER 3, 1996
Read the second time and placed on the calendar
II
Calendar No. 571
104TH CONGRESS
2D SESSION
H. R. 3953
IN THE SENATE OF THE UNITED STATES
AUGUST 2, 1996
Received and read the first time
SEPTEMBER 3, 1996
Read the second time and placed on the calendar
AN ACT
To combat terrorism.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Aviation Security and Antiterrorism Act of 1996’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
TITLE I—AVIATION SECURITY
Sec. 101. Interim deployment of commercially available explosive detection
equipment.
Sec. 102. Authority for criminal history records checks.
Sec. 103. Audit of performance of background checks for certain personnel.
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Sec. 104. Performance standards for airport security personnel.
Sec. 105. Passenger profiling.
Sec. 106. Authority to use certain funds for airport security programs and ac-
tivities.
Sec. 107. Assessment of cargo.
Sec. 108. Assignment of FBI agents to high-risk airports.
Sec. 109. Supplemental screening.
Sec. 110. Supplemental explosive detection.
Sec. 111. Enhanced security for small airplanes
Sec. 112. Civil aviation security review commission.
TITLE II—ANTITERRORISM
Sec. 201. Addition of terrorist offenses as RICO predicates.
Sec. 202. Enhanced Privacy Act and wiretap penalties.
Sec. 203. Combatting international state terrorism.
Sec. 204. Implementation of the Antiterrorism and Effective Death Penalty Act
of 1996.
Sec. 205. Taggants in black and smokeless powder.
Sec. 206 National Commission on Terrorism.
TITLE I—AVIATION SECURITY
SEC. 101. INTERIM DEPLOYMENT OF COMMERCIALLY
AVAILABLE EXPLOSIVE DETECTION EQUIP-
MENT.
Section 44913(a) of title 49, United States Code, is
amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the follow-
ing new paragraph (3):
‘‘(3) Until such time as the Administrator de-
termines that equipment certified under paragraph
(1) of this subsection is commercially available and
has successfully completed operational testing as
provided in 49 United States Code 44913(a)(1), the
Administrator shall facilitate the deployment of com-
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mercially available explosive detection devices that
the Administrator approves and determines will en-
hance aviation security significantly. The Adminis-
trator shall require that equipment deployed under
this paragraph be replaced by equipment certified
under paragraph (1) when equipment certified under
paragraph (1) becomes commercially available.’’.
SEC. 102. AUTHORITY FOR CRIMINAL HISTORY RECORDS
CHECKS.
Section 44936(a)(1) of title 49, United States Code.
is amended—
(1) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’;
(2) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively; and
(3) by adding at the end the following:
‘‘(B) The Administrator shall require by regula-
tion that an employment investigation (including a
criminal history record check in cases in which the
employment investigation reveals a gap in employ-
ment of 12 months or more that the individual does
not satisfactorily account for) be conducted for indi-
viduals who will be responsible for screening pas-
sengers or property under this chapter and their su-
pervisors.’’.
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SEC. 103. AUDIT OF PERFORMANCE OF BACKGROUND
CHECKS FOR CERTAIN PERSONNEL.
Section 44936(a) of title 49, United States Code, is
amended by adding at the end the following:
‘‘(3) The Administrator shall provide for the
periodic audit of criminal history record checks con-
ducted under paragraph (1) of this subsection.’’.
SEC. 104. PERFORMANCE STANDARDS FOR AIRPORT SECU-
RITY PERSONNEL.
Section 44935(a) of title 49, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4); and
(2) by adding at the end the following:
‘‘(6) performance standards for airport and air-
line security personnel, including counter personnel;
and
‘‘(7) guidelines for encouraging the retention of
security personnel responsible for passengers and
cargo.’’
SEC. 105. PASSENGER PROFILING.
The Federal Aviation Administration, the Secretary
of Transportation, the intelligence community, and the law
enforcement community should continue to assist air car-
riers in developing computer-assisted passenger profiling
programs.
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SEC. 106. AUTHORITY TO USE CERTAIN FUNDS FOR AIR-
PORT SECURITY PROGRAMS AND ACTIVITIES.
(a) AUTHORITY TO USE FUNDS.—Notwithstanding
any other provision of law, funds referred to in subsection
(b) may be used to expand and enhance air transportation
security programs and other activities at airports (includ-
ing the improvement of facilities and the purchase and de-
ployment of equipment) to ensure the safety and security
of passengers and other persons involved in air travel.
(b) COVERED FUNDS.—The following funds may be
used under subsection (a):
(1) Project grants made under subchapter 1 of
chapter 471 of title 49, United States Code.
(2) Passenger facility fees collected under sec-
tion 40117 of title 49, United States Code.
SEC. 107. ASSESSMENT OF CARGO.
(a) IN GENERAL.— The Administrator of the Federal
Aviation Administration shall, in consultation with the ap-
propriate Federal agencies, review—
(1) the oversight by the Federal Aviation Ad-
ministration of inspections of shipments of mail and
cargo by domestic and foreign air carriers; and
(2) the need for additional security measures
with respect to such inspections; and
(3) the adequacy of inspection and screening of
cargo on passenger air carriers.
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(b) LEGISLATIVE PROPOSALS.—The President shall
submit relevant legislative proposals to Congress, as may
be required.
SEC. 108. ASSIGNMENT OF FBI AGENTS TO HIGH-RISK AIR-
PORTS.
Section 44904 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(d) RESPONSIBILITY OF FBI AGENTS TO AREAS OF
HIGH-RISK AIRPORTS.—The Director of the Federal Bu-
reau of Investigation shall assure that agents of the Fed-
eral Bureau of Investigation who are assigned to an area
where there are airports that are determined to be high-
risk airports shall, jointly with the Federal Aviation Ad-
ministration, carry out periodic threat and vulnerability
assessments of security every 3 years, or more frequently,
as necessary, at such airports.’’.
SEC. 109. SUPPLEMENTAL SCREENING.
Section 44903(c) of title 49, United States Code, is
amended by adding at the end of the following new para-
graph:
‘‘(3) USE OF DOGS IN SCREENING.—
‘‘(A) IN GENERAL.—The law enforcement
presence and capability required under para-
graph (1) shall include a requirement that the
operator of each major airport use dogs or
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other appropriate animals to supplement exist-
ing equipment used for screening passengers
and cargo for plastic explosives and other de-
vices or materials which may be used in aircraft
piracy. If the Administrator determines that the
requirements of the preceding sentence will not
significantly enhance the safety and security of
passengers and other persons involved in air
travel, the Administrator may modify such re-
quirements as appropriate. At the discretion of
the Administrator, the use of dogs at an airport
may be deemed as compliance with section
44913(a)(3) of this title.
‘‘(B) MAJOR AIRPORT DEFINED.—In this
paragraph, the term ‘major airport’ means an
airport that is one of the largest 50 airports in
the United States, as determined by the num-
ber of passenger enplanements in calendar year
1995.’’.
SEC. 110. SUPPLEMENTAL EXPLOSIVE DETECTION.
Section 44913(b) of title 49, United States Code, is
amended to read as follows:
‘‘(b) SUPPLEMENTAL EXPLOSIVE DETECTION.—
‘‘(1) GRANTS.—The Secretary shall make
grants for expenses of training and evaluation of
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dogs for the explosive detection K–9 team training
program for the purpose of detecting explosives at
airports and aboard aircraft. Not later than 180
days after the date of the enactment of the Aviation
Security Improvement Act of 1996, the Secretary
shall extend such program to the largest 50 airports
in the United States, as determined by the number
of passenger enplanements in calendar year 1995.
‘‘(2) FUNDING.—There is authorized to be ap-
propriated from the Trust Fund for carrying out
paragraph (1) such sums as may be necessary for
fiscal years beginning after September 30, 1996.
Such funds shall remain available until expended.’’.
SEC. 111. ENHANCED SECURITY FOR SMALL AIRPLANES
Not later than 60 days after the date of the enact-
ment of this Act, the Administrator shall initiate a rule-
making to revise section 108.5 and 108.7 of 14 C.F.R.
with respect to airplanes having a passenger seating con-
figuration of less than 61 to enhance the safety and secu-
rity of air travel in such airplanes.
SEC. 112. CIVIL AVIATION SECURITY REVIEW COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Civil Aviation Security Review
Commission (hereinafter in this section referred to as the
‘‘Commission’’).
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(b) FUNCTIONS.—The Commission shall conduct a
comprehensive review of aviation security. Matters to be
studied by the Commission shall include the following:
(1) A review of the advisability of transferring
responsibilities of air carriers under Federal law for
security activities conducted on-site at airports to
airport operators or to appropriate entities inde-
pendent of air carriers.
(2) A review of whether baggage match require-
ments should be imposed on air carriers providing
interstate air transportation and how baggage match
can be accomplished to enhance the safety and secu-
rity of domestic air travel.
(3) A review of the cost and advisability of re-
quiring hardened cargo containers as a way to en-
hance aviation security and reduce the required sen-
sitivity of bomb detection equipment.
(c) MEMBERSHIP.—The Commission shall be com-
posed of 13 members, appointed from persons knowledge-
able about civil aviation in the United States and who are
specifically qualified by training and experience to perform
the duties of the Commission, as follows:
(1) 3 members appointed by the Secretary of
Transportation, in consultation with the Secretary of
the Treasury.
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(2) 10 members appointed by Congress as fol-
lows:
(A) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Transportation and Infrastruc-
ture of the House of Representatives.
(B) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Appropriations of the House of
Representatives.
(C) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Commerce, Science, and Trans-
portation of the Senate.
(D) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Appropriations of the Senate.
(E) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Ways and Means of the House of
Representatives.
(d) RESTRICTION ON APPOINTMENT OF CURRENT
AVIATION EMPLOYEES.—A member appointed under sub-
section (c)(1) may not be an employee of an airline, air-
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port, aviation union, or aviation trade association at the
time of appointment or while serving on the Commission.
(e) TIMING OF APPOINTMENTS.—The appointing au-
thorities shall make their appointments to the Commission
not later than 30 days after the date of the enactment
of this Act.
(f) CHAIRMAN.—In consultation with the Secretary
of Transportation, the Speaker of the House of Represent-
atives and the Majority Leader of the Senate shall des-
ignate a chairman and vice chairman from among the
members of the Commission not later than 30 days after
appointment of the last member to the Commission.
(g) PERIOD OF APPOINTMENT AND VACANCIES.—
Members shall be appointed for the life of the Commission,
and any vacancy on the Commission shall not affect its
powers but shall be filled in the same manner, and by the
same appointing authority, as the original appointment.
(h) QUORUM.—A majority of the members of the
Commission shall constitute a quorum to conduct busi-
ness, but the Commission may establish a lesser number
for conducting hearings scheduled by the Commission.
(i) POWERS OF THE COMMISSION.—
(1) HEARINGS.—The Commission may hold
such hearings, sit and act at such times and places,
administer such oaths, take such testimony, and re-
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ceive such evidence as the Commission considers ad-
visable to carry out its duties.
(2) INFORMATION FROM FEDERAL AGENCIES.—
The Commission may secure directly from any Fed-
eral department or agency such information or docu-
ments as the Commission considers necessary to
carry out its duties, unless the head of such depart-
ment or agency advises the chairman of the Com-
mission, in writing, that such information is con-
fidential and that its release to the Commission
would jeopardize aviation safety, the national secu-
rity, or pending criminal investigations.
(3) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
Any Federal Government employee may be detailed
to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil
service status or privilege.
(4) TRAVEL
AND
PER
DIEM.—Members and
staff of the Commission shall be paid travel ex-
penses, including per diem in lieu of subsistence,
when away from his or her usual place of residence,
in accordance with section 5703 of title 5, United
States Code.
(j) FINAL REPORT.—Not later than 1 year after the
date of the appointment of the last member to the Com-
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mission under subsection (c), the Commission shall submit
to Congress and the Administrator a final report on the
findings of the Commission with corresponding rec-
ommendations. Included with this report shall be the inde-
pendent audit required under subsection (j).
(k) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated $2,400,000 for ac-
tivities of the Commission to remain available until ex-
pended.
TITLE II—ANTITERRORISM
SEC. 201. ADDITION OF TERRORIST OFFENSES AS RICO
PREDICATES.
(a) TITLE
18 OFFENSES.—Section 1961(1)(B) of
title 18 of the United States Code is amended by—
(1) inserting ‘‘32 (relating to the destruction of
aircraft), section 37 (relating to violence at inter-
national airports), section 115 (relating to influenc-
ing, impeding, or retaliating against a Federal offi-
cial by threatening or injuring a family member),
section’’ after ‘‘Section’’;
(2) inserting ‘‘section 351 (relating to Congres-
sional or Cabinet officer assassination,’’ after ‘‘sec-
tion 224 (relating to sports bribery),’’;
(3) inserting ‘‘section 831 (relating to prohib-
ited transactions involving nuclear materials), sec-
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tion 844(f) or (i) (relating to destruction by explo-
sives or fire of government property or property af-
fecting interstate or foreign commerce),’’ after ‘‘sec-
tion 664 (relating to embezzlement from pension and
welfare funds),’’;
(4) inserting ‘‘section 930(c) (relating to violent
attacks against Federal buildings), section 956 (re-
lating to conspiracy to kill, kidnap, maim, or injure
certain property in a foreign country),’’ after ‘‘sec-
tions 891–894 (relating to extortionate credit trans-
actions),’’;
(5) inserting ‘‘section 1111 (relating to mur-
der), section 1114 (relating to murder of United
States law enforcement officials), section 1116 (re-
lating to murder of foreign officials, official guests,
or internationally protected persons), section 1203
(relating to hostage taking),’’ after ‘‘section 1084
(relating to the transmission of gambling informa-
tion),’’;
(6) inserting ‘‘section 1361 (relating to willful
injury of government property), section 1363 (relat-
ing to destruction of property within the special
maritime and territorial jurisdiction),’’ after ‘‘section
1344 (relating to financial institution fraud),’’;
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(7) inserting ‘‘section 1751 (relating to Presi-
dential assassination),’’ after ‘‘sections 1581–1588
(relating to peonage and slavery),’’;
(8) inserting ‘‘section 1992 (relating to train
wrecking), section 2280 (relating to violence against
maritime navigation), section 2281 (relating to vio-
lence against maritime fixed platforms),’’ after ‘‘sec-
tion 1958 (relating to use of interstate commerce fa-
cilities in the commission of murder-for-hire),’’; and
(9) inserting ‘‘section 2332 (relating to terrorist
acts abroad against United States nationals), section
2332a (relating to use of weapons of mass destruc-
tion), section 2332b (relating to acts of terrorism
transcending national boundaries), section 2332c
(relating to use of chemical weapon), section 2339A
(relating to providing material support to terror-
ists),’’ after ‘‘2321 (relating to trafficking in certain
motor vehicles or motor vehicle parts),’’.
(b) NON-TITLE 18 OFFENSE.—Section 1961(1) of
title 18 of the United States Code is amended—
(1) by striking ‘‘or’’ before ‘‘(E)’’;
(2) by striking ‘‘or’’ before ‘‘(F); and
(3) by inserting at the end the following: ‘‘or
(G) section 46502 of title 49, United States Code;’’.
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(c) LIMITATION TO CIVIL RICO.—The amendments
made by this section shall not apply with respect to section
1964(c) of title 18, United States Code.
SEC. 202. ENHANCED PRIVACY ACT AND WIRETAP PEN-
ALTIES.
(a) ENHANCEMENT OF PRIVACY ACT CRIMINAL PEN-
ALTIES.—Paragraphs (1) and (3) of section 552a(i) of
title 5, United States Code, are each amended by striking
‘‘shall be guilty of a misdemeanor’’ and all that follows
through the end of the paragraph and inserting ‘‘shall be
fined under title 18, imprisoned not more than 5 years,
or both.’’.
(b) ENHANCEMENT OF PRIVACY ACT CIVIL DAM-
AGES.—Section 552a(g)(4)(A) of title 5, United States
Code, is amended by striking ‘‘$1,000’’ and inserting
‘‘$5,000’’.
(c) ENHANCEMENT
OF
WIRETAP
DISCLOSURE
CRIMINAL PENALTY.—Section 2511 of title 18, United
States Code, is amended—
(1) in subsection (4)(a), by striking ‘‘paragraph
(b)’’ and all that follows through ‘‘(5)’’ and inserting
‘‘this section’’; and
(2) by adding after paragraph (c) the following:
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‘‘(d) If the offense is an offense under paragraph (c)
or (e) of subsection (1), the offender shall be fined under
this title or imprisoned not more than 10 years, or both.’’.
SEC. 203. COMBATTING INTERNATIONAL STATE TERROR-
ISM.
(a) SANCTIONS
AGAINST
SPONSORS
OF
INTER-
NATIONAL TERRORISM.—The Congress urges the Presi-
dent to commence immediately diplomatic efforts, both in
appropriate international fora including the United Na-
tions, and bilaterally with allies of the United States, to
establish a multilateral sanctions regime against each of
those nations certified under section 6(j) of the Export
Administration Act of 1979 as having repeatedly provided
support for acts of international terrorism. The President
shall report to Congress, not later than 30 days after the
date of the enactment of this Act, and annually thereafter,
on the extent to which these diplomatic efforts have been
successful.
(b) ACTION PLANS FOR DESIGNATED TERRORIST
NATIONS.—The President shall provide to the Congress
within 30 days after the date of the enactment of this Act
an Action Plan for inducing each of those nations certified
under section 6(j) of the Export Administration Act of
1979 as having repeatedly provided support for acts of
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international terrorism to cease their support for acts of
international terrorism.
(c) REPORT ON UNITED STATES COUNTERTERROR
AND ANTITERROR INTELLIGENCE CAPABILITIES.—Not
later than 60 days after the date of the enactment of this
Act, the President shall provide to the Permanent Select
Committees on Intelligence of the Senate and the House
of Representatives a report on the capability of the United
States intelligence community to detect, assess, and elimi-
nate international terrorist activities, including an assess-
ment of intelligence collection policies and practices which
affect the counterterrorism and antiterrorism activities of
the United States intelligence community and of the re-
sources provided the intelligence community for such ac-
tivities, together with a plan to ensure enhanced human
intelligence capabilities. To the extent feasible, such report
shall be unclassified and made available to the public.
Such report shall be supplemented as necessary by a clas-
sified report or annex, which shall be transmitted and
maintained under appropriate security procedures.
SEC. 204. IMPLEMENTATION OF THE ANTITERRORISM AND
EFFECTIVE DEATH PENALTY ACT OF 1996.
The Secretary of State is hereby directed, before Oc-
tober 1, 1996, to designate foreign terrorist organizations
pursuant to the amendment made by section 302 (relating
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to 
international 
terrorism 
prohibitions) 
of 
the
Antiterrorism and Effective Death Penalty Act of 1996,
and, if possible, justified by the evidence, and consistent
with the needs of law enforcement and intelligence, the
Secretary of the Treasury shall freeze assets and the At-
torney General shall initiate the removal of known alien
terrorists and criminals.
SEC. 205. TAGGANTS IN BLACK AND SMOKELESS POWDER.
(a) AMENDMENT TO 1996 ACT TO INCLUDE BLACK
AND SMOKELESS POWDER.—Notwithstanding the provi-
sions to the contrary of section 732 of the Antiterrorism
and Effective Death Penalty Act of 1996, (concerning the
exclusion of black and smokeless powder from the study
described thereunder), the Director of the National Insti-
tute of Justice shall contract for an independent study of
the feasibility, safety, and law enforcement effectiveness
of including taggants in black and smokeless powder. The
contract shall require the completion of the study within
one year after the date of the enactment of this Act. The
entity that conducts the study shall be outside the execu-
tive branch of the Government and possess the requisite
expertise in explosives technology. The study shall, in ad-
dition, draw upon expertise and science from consultants
in the areas of mining and other industries that rely upon
such explosives.
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(b) REPORT TO CONGRESS.—Not later than 30 days
after the completion of the study conducted under sub-
section (a), the Director shall submit the study to the Con-
gress. If the results of the study conducted under sub-
section (a) indicate that the taggants—
(1) will not pose a risk to human life or safety;
(2) will substantially assist law enforcement of-
ficers in their investigative efforts;
(3) will not substantially impair the quality of
the explosive materials for their intended lawful use;
(4) will not have a substantially adverse effect
on the environment; and
(5) the costs associated with the addition of the
taggants will not outweigh the benefits of their in-
clusion;
then the Director may submit to Congress recommenda-
tions for legislation for the addition of taggants to black
and smokeless powder manufactured in or imported into
the United States, of such character and in such quantity
as the proposed legislation may authorize or require.
SEC. 206. NATIONAL COMMISSION ON TERRORISM.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the National Commission on Ter-
rorism (in this title referred to as the ‘‘Commission’’).
(b) MEMBERSHIP.—
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(1) NUMBER AND APPOINTMENT.—
(A) GENERALLY.—The Commission shall
be composed of 9 members, appointed from per-
sons specially qualified by training and experi-
ence to perform the duties of the Commission,
as follows:
(i) 2 appointed by the Speaker of the
House of Representatives, and 1 appointed
by the Minority Leader of the House of
Representatives;
(ii) 2 appointed by the Majority Lead-
er of the Senate, and 1 appointed by the
Minority Leader of the Senate; and
(iii) 3 appointed by the President of
the United States.
(B) TIMING OF APPOINTMENTS.—The ap-
pointing authorities shall make their appoint-
ments to the Commission not later than 45
days after the date of enactment of this title.
(C) DESIGNATION
OF
THE
CHAIRMAN.—
The President of the United States shall des-
ignate a chairman from the members of the
Commission. The Speaker of the House of Rep-
resentatives and the Majority Leader of the