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1 SEC. 2. INSTALLATION AND USE OF EXPLOSIVE DETECTION

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EQUIPMENT.

Section 315 of the Federal Aviation Act of 1958 (49

4 U.S.C. App. 1356) is amended by adding at the end thereof

5 the following new subsection:

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"(c) INSTALLATION AND USE OF EXPLOSIVE DETEC

7 TION EQUIPMENT.-Not later than 60 days after the date of 8 the enactment of this subsection, the Administrator shall re9 quire all air carriers to install and use, as expeditiously as 10 possible, explosive detection equipment which meets mini11 mum performance standards requiring application of technol12 ogy equivalent to or better than thermal neutron analysis 13 technology

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"(1) at airports (A) which are located outside the United States, and (B) at which the Administrator has determined, on or before such date of enactment, that air carriers must use extraordinary security measures; and

"(2) at such other airports (whether located within or outside the United States) as the Administrator determines that the installation and use of such equipment is necessary to ensure the safety of air carrier passengers.".

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1 SEC. 3. AVIATION SECURITY ASSISTANCE PROGRAMS.

2 The Airport and Airway Improvement Act of 1982 (49

3 U.S.C. App. 2201-2227) is amended by adding at the end 4 thereof the following new section:

5 "SEC. 535. AVIATION SECURITY ASSISTANCE PROGRAMS.

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"(a) AIR CARRIER SECURITY ASSISTANCE PRO7 GRAM.-Subject to such terms and conditions as the Admin8 istrator may establish, the Administrator is authorized to 9 make grants from the Trust Fund to air carriers required to 10 install and use explosive detection equipment under section 11 315 of the Federal Aviation Act of 1958 to pay up to 100 12 percent of the cost of acquiring such equipment.

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"(b) AIRPORT SECURITY ASSISTANCE PROGRAM.

14 Subject to such terms and conditions as the Administrator 15 may establish by regulation, the Administrator is authorized 16 to make grants from the Trust Fund to sponsors of airports to 17 pay up to 100 percent of the cost of acquiring and installing 18 equipment used to comply with regulations issued by the Ad19 ministrator for controlling access to secured areas of airports. 20 "(c) FUNDING.

"(1) AIR CARRIER SECURITY ASSISTANCE PROGRAM.-The amount available for carrying out subsec

tion (a) shall not exceed $100,000,000, of which not more than $50,000,000 shall be obligated in fiscal year 1989.

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"(2) AIRPORT

SECURITY

ASSISTANCE PRO

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GRAM. The amount available for carrying out subsection (b) shall not exceed $170,000,000, of which not

more than $85,000,000 shall be obligated in fiscal year 1989.

“(3) CONTRACT AUTHORITY.—The Administrator is authorized to incur obligations to make grants from funds made available under this subsection. Notwithstanding any other provision of law, approval by the Administrator of a grant with funds made available under this subsection shall be deemed to be a contractual obligation of the United States for payment of the

Federal share of the cost of acquisition of equipment.

"(4) INAPPLICABILITY OF OBLIGATION CEILINGS. Funds made available by this subsection shall not be subject to any obligation limitation.".

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Mr. OBERSTAR. This morning, we resume our hearings on aviation security. This is a continuation of a hearing we initiated a few weeks ago into this very subject. Today's hearing is more specifically focused on legislation introduced as a result of the findings and information derived from that earlier hearing.

Ironically, and quite coincidentally, this hearing on security comes on the day on which a Korean court handed down a sentence of conviction, ordering the death penalty for a terrorist responsible for the death of 115 people aboard a Korean Airlines aircraft over Southeast Asia, a tragic reminder of how close to our actions are the realities of terrorism and its fatal and frightening consequences for those who travel in one of the most vulnerable modes of transportation-aviation.

The legislation I have introduced would require airlines to install and to use thermal neutron analysis technology at foreign airports, where extraordinary security measures are required, and at various domestic and other foreign airports selected by the FAA.

Under the bill, the airlines would be eligible for grants to acquire the equipment. We would provide $100 million, beginning with $50 million in the current fiscal year. The next focus is on airports, and airports would be eligible for grants to pay the cost of acquiring and installing equipment needed to provide the controlled access doors at key facilities in the airports, access to airport operations

areas.

Both of these areas are targeted on key vulnerable aspects of aviation which were unveiled in the course of our very extensive inquiry into security. For the access door issue we would provide a total of $170 million, beginning with $85 million in fiscal year 1989. There are a number of other issues that we are going to explore in the course of today's hearing, and we want witnesses to comment not only on the specifics of the legislation but other aspects of security, including the regulations issued by the Department of Transportation to tighten and strengthen security.

I also want to say at the outset, that while Secretary Skinner cannot be with us today-he is, understandably, and long previously, committed to a meeting on security issues in Europe he has been an extraordinarily vigorous activist on this issue.

He did not wait for Congress to prod him. He did not wait for outside public concern to move him into action. He knew it needed to be done, seized the initiative, and moved with great speed and decisiveness, and I want to applaud the Secretary for his actions. He has been very forthright with this committee, and very open in his discussions with us. We have had a very fine, a very productive, and, necessarily, a cooperative working relationship.

I know that those who are here testifying on behalf of the Department, and for the FAA, will have the full confidence of, and be able to speak for the Secretary, and so his absence in no way diminishes the Department's standing and concern, and position on the issues.

There are a number of questions that we need to explore in this hearing, and some on which we may not ultimately be able to agree, particularly the funding. That is, how, and who pays? I think that is very important.

Are there other types of explosives detection technologies that can be, or should be required, in addition to TNA? Should there be more testing of TNA and other types of equipment, to determine what it can and cannot detect, and how those devices may be fooled by terrorists?

Should FAA be required to strengthen passenger and carry-on baggage screening procedures and standards? And to what extent should foreign carriers be made to comply with the security standards imposed on U.S. carriers?

Last year, Americans made 40 million trips abroad, spending billions of dollars. Some 26 million foreigners made 33.7 million visits to the United States. We have a $5.7 billion deficit, balance of trade, in tourism.

Now if our fellow citizens are traveling abroad and spending billions of dollars in foreign countries, the question is shouldn't they provide a level of security, and the same level of security that we insist upon in the United States, for our fellow citizens traveling abroad?

Finally, to what extent should airport operators be liable for security breaches by persons and companies doing business at their various airports? Those are critical matters. We are going to explore them at great length, but we do hope to move through this hearing and conclude early this afternoon.

I want all of our colleagues to be prepared to ask questions. I hope the questions will be concise, and the answers equally forthright and concise.

Now, the Chair would recognize the Ranking Minority member of the full committee, and welcome him to this hearing. He has taken a great interest in aviation, having served on that subcommittee for many years, and we welcome his strong and vigorous participation and interest. Mr. Hammerschmidt.

Mr. HAMMERSCHMIDT. I thank the Chairman for yielding the floor. Mr. Chairman, it is clear that despite efforts to improve security, violence and terrorism continue to threaten the lives and property of Americans traveling overseas, and the Pan Am Flight 103 dramatically brought home the need for improvement in airline and airport security.

Therefore, Mr. Chairman, you are to be commended for your quick action in introducing a bill that addresses this need. As we know, this bill would require airlines to install and use bomb-detection devices, like the thermal neutron analysis, TNA device, that was shown to us at our hearing last month.

And this device will detect the sort of plastic explosives that were used to bring down Pan Am Flight 103. It is important that we move as quickly as possible to install sophisticated bomb-detection devices at high-threat airports. The traveling public has every right to expect the increased protection this system can provide.

The U.S. Government has already spent $60 million researching and developing the thermal neutron analysis system. If it works as well as the FAA seems to think it does, then it is time to move ahead with this system, without delay. At the same time, we should recognize that there are other systems, such as the vapor detection system, that could be used to enhance security.