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Problem: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.''.
Solution:
Aviation Security Act of 1996 - Amends Federal aviation law to direct the Secretary of Transportation to provide for the enhancement of Federal Aviation Administration (FAA) aviation security programs, including: (1) the development of more stringent procedures for the screening of cargo and checked baggage; (2) the development of a methodology to profile the types of passengers, cargo, and air transportation that present a significant degree of risk to aviation security, including improved methods for matching and searching luggage or other cargo; (3) the deployment of explosive detection equipment in airports; (4) the establishment of a program for enhancing the screening and training of air carrier personnel (and subcontractors), including requiring employment security and criminal history checks on such personnel; and (5) the development of performance-based measures for all security functions covered by this Act.
Directs the President to establish, within the appropriate Federal agency, the Office of Family Advocate, which shall develop standards of conduct for informing and supporting families of victims of aircraft accidents.
Directs the Secretary to assess a fee against each airline passenger, which shall be deposited into a new Aviation Security Account, established by this Act to fund aviation security enhancement activities.