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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.
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
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(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-
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
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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.’’.
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
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‘‘(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.
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.
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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.
(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
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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
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.