H. R. 3539—39
Federal agencies, and appropriate members of the private sector,
shall—
(1) assess the weapons and explosive detection technologies
that are available at the time of the study that are capable
of being effectively deployed in commercial aviation;
(2) determine how the technologies referred to in paragraph
(1) may more effectively be used for promotion and improvement
of security at airport and aviation facilities and other secured
areas;
(3) assess the cost and advisability of requiring hardened
cargo containers as a way to enhance aviation security and
reduce the required sensitivity of bomb detection equipment;
and
(4) on the basis of the assessments and determinations
made under paragraphs (1), (2), and (3), identify the most
promising technologies for the improvement of the efficiency
and cost-effectiveness of weapons and explosive detection.
(d) COOPERATION.—The National Science and Technology Coun-
cil shall take such actions as may be necessary to facilitate, to
the maximum extent practicable and upon request of the Director
of the National Academy of Sciences (or the head of another equiva-
lent entity), the cooperation of representatives of appropriate Fed-
eral agencies, as provided for in subsection (c), in providing the
panel, for the study under this section—
(1) expertise; and
(2) to the extent allowable by law, resources and facilities.
(e) REPORTS.—The Director of the National Academy of Sciences
(or the head of another equivalent entity) shall, pursuant to an
arrangement entered into under subsection (a), submit to the
Administrator such reports as the Administrator considers to be
appropriate. Upon receipt of a report under this subsection, the
Administrator shall submit a copy of the report to the appropriate
committees of Congress.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for each of fiscal years 1997 through 2001
such sums as may be necessary to carry out this section.
SEC. 304. REQUIREMENT FOR CRIMINAL HISTORY RECORDS CHECKS.
(a) IN GENERAL.—Section 44936(a)(1) is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’; and
(3) by adding at the end the following:
‘‘(B) The Administrator shall require by regulation that an
employment investigation (including a criminal history record check
in any case described in subparagraph (C)) be conducted for—
‘‘(i) individuals who will be responsible for screening pas-
sengers or property under section 44901 of this title;
‘‘(ii) supervisors of the individuals described in clause (i);
and
‘‘(iii) such other individuals who exercise security functions
associated with baggage or cargo, as the Administrator deter-
mines is necessary to ensure air transportation security.
‘‘(C) Under the regulations issued under subparagraph (B),
a criminal history record check shall be conducted in any case
in which—
H. R. 3539—40
‘‘(i) an employment investigation reveals a gap in employ-
ment of 12 months or more that the individual who is the
subject of the investigation does not satisfactorily account for;
‘‘(ii) such individual is unable to support statements made
on the application of such individual;
‘‘(iii) there are significant inconsistencies in the information
provided on the application of such individual; or
‘‘(iv) information becomes available during the employment
investigation indicating a possible conviction for one of the
crimes listed in subsection (b)(1)(B).
‘‘(D) If an individual requires a criminal history record check
under subparagraph (C), the individual may be employed as a
screener until the check is completed if the individual is subject
to supervision.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)(3)
shall apply to individuals hired to perform functions described
in section 44936(a)(1)(B) of title 49, United States Code, after the
date of the enactment of this Act; except that the Administrator
of the Federal Aviation Administration may, as the Administrator
determines to be appropriate, require such employment investiga-
tions or criminal history records checks for individuals performing
those functions on the date of the enactment of this Act.
SEC. 305. INTERIM DEPLOYMENT OF COMMERCIALLY AVAILABLE
EXPLOSIVE DETECTION EQUIPMENT.
(a) IN GENERAL.—Section 44913(a) is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
‘‘(3) Until such time as the Administrator determines that
equipment certified under paragraph (1) is commercially available
and has successfully completed operational testing as provided in
paragraph (1), the Administrator shall facilitate the deployment
of such approved commercially available explosive detection devices
as the Administrator determines will enhance aviation security
significantly. The Administrator 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. The Administrator is author-
ized, based on operational considerations at individual airports,
to waive the required installation of commercially available equip-
ment under paragraph (1) in the interests of aviation security.
The Administrator may permit the requirements of this paragraph
to be met at airports by the deployment of dogs or other appropriate
animals to supplement equipment for screening passengers, bag-
gage, mail, or cargo for explosives or weapons.’’.
(b) AGREEMENTS.—The Administrator is authorized to use non-
competitive or cooperative agreements with air carriers and airport
authorities that provide for the Administrator to purchase and
assist in installing advanced security equipment for the use of
such entities.
SEC. 306. AUDIT OF PERFORMANCE OF BACKGROUND CHECKS FOR
CERTAIN PERSONNEL.
Section 44936(a) is amended by adding at the end the following:
‘‘(3) The Administrator shall provide for the periodic audit
of the effectiveness of criminal history record checks conducted
under paragraph (1) of this subsection.’’.
H. R. 3539—41
SEC. 307. PASSENGER PROFILING.
The Administrator of the Federal Aviation Administration, the
Secretary of Transportation, the intelligence community, and the
law enforcement community should continue to assist air carriers
in developing computer-assisted passenger profiling programs and
other appropriate passenger profiling programs which should be
used in conjunction with other security measures and technologies.
SEC. 308. AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT SECURITY
PROGRAMS AND ACTIVITIES.
(a) IN GENERAL.—Notwithstanding any other provision of law,
funds referred to in subsection (b) may be used for the improvement
of facilities and the purchase and deployment of equipment to
enhance and 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 I of chapter
471 of title 49, United States Code.
(2) Passenger facility fees collected under section 40117
of title 49, United States Code.
SEC. 309. DEVELOPMENT OF AVIATION SECURITY LIAISON AGREE-
MENT.
The Secretary of Transportation and the Attorney General,
acting through the Administrator of the Federal Aviation Adminis-
tration and the Director of the Federal Bureau of Investigation,
shall enter into an interagency agreement providing for the
establishment of an aviation security liaison at existing appropriate
Federal agencies’ field offices in or near cities served by a designated
high-risk airport.
SEC. 310. REGULAR JOINT THREAT ASSESSMENTS.
The Administrator of the Federal Aviation Administration and
the Director of the Federal Bureau of Investigation shall carry
out joint threat and vulnerability assessments on security every
3 years, or more frequently, as necessary, at each airport deter-
mined to be high risk.
SEC. 311. BAGGAGE MATCH REPORT.
(a) REPORT.—If a bag match pilot program is carried out as
recommended by the White House Conference on Aviation Safety
and Security, not later than the 30th day following the date of
completion of the pilot program, the Administrator of the Federal
Aviation Administration shall submit to Congress a report on the
safety, effectiveness, and operational effectiveness of the pilot pro-
gram. The report shall also assess the extent to which implementa-
tion of baggage match requirements (coupled with the best available
technologies and methodologies, such as passenger profiling)
enhance domestic aviation security.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that
the Administrator should work with airports and air carriers to
develop, to the extent feasible, effective domestic bag matching
proposals.
SEC. 312. ENHANCED SECURITY PROGRAMS.
(a) IN GENERAL.—Chapter 449 is amended by adding at the
end of subchapter I the following:
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‘‘§ 44916. Assessments and evaluations
‘‘(a) PERIODIC ASSESSMENTS.—The Administrator shall require
each air carrier and airport (including the airport owner or operator
in cooperation with the air carriers and vendors serving each air-
port) that provides for intrastate, interstate, or foreign air transpor-
tation to conduct periodic vulnerability assessments of the security
systems of that air carrier or airport, respectively. The Administra-
tion shall perform periodic audits of such assessments.
‘‘(b) INVESTIGATIONS.—The Administrator shall conduct periodic
and unannounced inspections of security systems of airports and
air carriers to determine the effectiveness and vulnerabilities of
such systems. To the extent allowable by law, the Administrator
may provide for anonymous tests of those security systems.’’.
(b) CLERICAL AMENDMENT.—The table of sections for such chap-
ter is amended by inserting after the item relating to section 44915
the following:
‘‘44916. Assessments and evaluations.’’.
SEC. 313. REPORT ON AIR CARGO.
(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Transportation shall trans-
mit to Congress a report on any changes recommended and imple-
mented as a result of the White House Commission on Aviation
Safety and Security to enhance and supplement screening and
inspection of cargo, mail, and company-shipped materials trans-
ported in air commerce.
(b) CONTENTS.—The report shall include—
(1) an assessment of the effectiveness of the changes
referred to in subsection (a);
(2) an assessment of the oversight by the Federal Aviation
Administration of inspections of shipments of mail and cargo
by domestic and foreign air carriers;
(3) an assessment of the need for additional security meas-
ures with respect to such inspections;
(4) an assessment of the adequacy of inspection and screen-
ing of cargo on passenger air carriers; and
(5) any additional recommendations, and if necessary any
legislative proposals, necessary to carry out additional changes.
(c) SENSE OF THE SENATE.—It is the sense of the Senate that
the inspection of cargo, mail, and company-shipped materials can
be enhanced.
SEC. 314. SENSE OF THE SENATE REGARDING ACTS OF INTER-
NATIONAL TERRORISM.
(a) FINDINGS.—The Senate finds that—
(1) there has been an intensification in the oppression
and disregard for human life among nations that are willing
to export terrorism;
(2) there has been an increase in attempts by criminal
terrorists to murder airline passengers through the destruction
of civilian airliners and the deliberate fear and death inflicted
through bombings of buildings and the kidnapping of tourists
and Americans residing abroad; and
(3) information widely available demonstrates that a
significant portion of international terrorist activity is state-
sponsored, -organized, -condoned, or -directed.