[Congressional Record Volume 146, Number 121 (Tuesday, October 3, 2000)]
[Senate]
[Pages S9770-S9772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AIRPORT SECURITY IMPROVEMENT ACT OF 2000

  Mr. ROBERTS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the immediate consideration of Calendar No. 764, S. 
2440.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2440) to amend title 49, United States Code, to 
     improve airport security.

  There being no objection, the Senate proceeded to consider the bill, 
which was reported by the Committee on Commerce, with an amendment in 
the nature of a substitute.
  (Strike out all after the enacting clause and insert the part printed 
in italic.)

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Airport Security Improvement 
     Act of 2000''.

     SEC. 2. CRIMINAL HISTORY RECORD CHECKS.

       (a) Expansion of FAA Electronic Pilot Program.--Within 12 
     months after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall, 
     in consultation with the Office of Personnel Management and 
     the Federal Bureau of Investigation, develop the pilot 
     program for individual criminal history record checks, known 
     as the electronic fingerprint transmission pilot project, 
     into an aviation industry-wide program.
       (b) Application of Expanded Program.--Beginning 1 year 
     after the date of enactment of this Act, the Administrator 
     shall utilize the program described in subsection (a) to 
     carry out section 44936 of title 49, United States Code, for 
     individuals described in subsection (a)(1)(A), (a)(1)(B)(i), 
     or (a)(1)(B)(ii) of that section. If the Administrator 
     determines that the program is not sufficiently operational 1 
     year after the date of enactment of this Act to permit its 
     utilization in accordance with subsection (a), the 
     Administrator shall notify the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure of the 
     determination.
       (c) Changes in Existing Requirements.--Section 44936(a)(1) 
     of title 49, United States Code is amended--
       (1) by striking ``conducted, as the Administrator decides 
     is necessary to ensure air transportation security, of'' in 
     subparagraph (A) and inserting ``conducted of''; and
       (2) by striking ``subparagraph (C))'' in subparagraph (B) 
     and inserting ``subparagraph (D))'';
       (3) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E);
       (4) by inserting after subparagraph (B) the following:
       ``(C) A criminal history record check shall be conducted 
     for every individual who applies for a position described in 
     subparagraph (A) or in subparagraph (B)(i) or (ii) after the 
     date of enactment of the Airport Security Improvement Act of 
     2000. For the 12-month period beginning on the date of 
     enactment of that Act, an individual described in the 
     preceding sentence may be employed in such a position before 
     the check is completed if the individual is subject to 
     supervision except in a case described in clause (i), (ii), 
     (iii), (iv), or (v) of subparagraph (D). After that 12-month 
     period, such an individual may not be so employed until the 
     check is completed.'';
       (5) by striking ``subparagraph (C),'' in subparagraph (E), 
     as redesignated, and inserting ``subparagraph (D),''; and
       (6) by striking ``as a screener'' in subparagraph (E), as 
     redesignated, and inserting ``in the position for which the 
     individual applied''.
       (d) List of Offenses Barring Employment.--Section 
     44936(b)(1)(B) of title 49, United States Code, is amended--
       (1) by inserting ``(or found not guilty by reason of 
     insanity)'' after ``convicted'';

[[Page S9771]]

       (2) by inserting ``or felony unarmed'' after ``armed'' in 
     clause (xi);
       (3) by striking ``or'' after the semicolon in clause (xii);
       (4) by redesignating clause (xiii) as clause (xv) and 
     inserting after clause (xii) the following:
       ``(xiii) felony involving a threat;
       ``(xiv) a felony involving--

       ``(I) willful destruction of property;
       ``(II) importation or manufacture of a controlled 
     substance;
       ``(III) burglary;
       ``(IV) theft;
       ``(V) dishonesty, fraud, or misrepresentation;
       ``(VI) possession or distribution of stolen property;
       ``(VII) aggravated assault; or
       ``(VIII) bribery; or''; and

       (5) by striking ``clauses (i)-(xii) of this paragraph.'' in 
     clause (xv), as redesignated, and inserting ``clauses (i) 
     through (xiv) of this subparagraph.''.

     SEC. 3. IMPROVED TRAINING.

       (a) Completion of Rulemaking on Certification of Aviation 
     Screening Companies.--
       (1) Interim rule.--No later than 30 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue as an interim final rule 
     the proposed rule on Certification of Screening Companies 
     published in the Federal Register for January 5, 2000. For 
     purposes of the interim final rule, the analyses and 
     documentation prepared for the proposed rules are deemed to 
     meet the requirements of chapter 5 of title 5, United States 
     Code, applicable to rulemaking and any other procedural 
     requirement imposed by law on rulemaking.
       (2) Final rule.--No later than May 31, 2001, the 
     Administrator shall issue a final rule on the Certification 
     of Screening Companies, after taking into account any 
     comments received on the proposed rule issued as an interim 
     final rule under paragraph (1).
       (b) Minimum Instructional Standards for Screeners.--Section 
     44935 of title 49, United States Code, is amended by adding 
     at the end thereof the following:
       ``(e) Training Standards for Screeners.--
       ``(1) In general.--The Administrator shall prescribe 
     minimum standards for training security screeners that 
     include at least 40 hours of classroom instruction before an 
     individual is qualified to provide security screening 
     services under section 44901 of this title.
       ``(2) Classroom equivalency.--The successful completion of 
     a program certified by the Administrator as a program that 
     will train individuals to a level of proficiency meets the 
     classroom instruction requirement of paragraph (1).
       ``(3) On-the-job training.--In addition to the requirements 
     of paragraph (1), before an individual may exercise 
     independent judgment as a security screener under section 
     44901 of this title the individual shall--
       ``(A) complete 40 hours of on-the-job training; and
       ``(B) successfully complete an on-the-job training 
     examination prescribed by the Administrator.''.
       (c) Computer-Based Training Facilities.--Section 4935 of 
     title 49, United States Code, as amended by subsection (b) is 
     further amended by adding at the end thereof the following:
       ``(f) Accessibility of Computer-Based Training 
     Facilities.--The Administrator shall work with air carriers 
     and airports to ensure that computer-based training 
     facilities intended for use by security screeners at an 
     airport regularly serving an air carrier holding a 
     certificate issued by the Secretary be conveniently located 
     for that airport and easily accessible.''.

     SEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL.

       Section 44903 of title 49, United States Code, is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g); and
       (2) by inserting after subsection (d) thereof the 
     following:
       ``(e) Improvement of Secured-Area Access Control.--
       ``(1) Enforcement.--
       ``(A) Administrator to publish sanctions.--The 
     Administrator shall publish in the Federal Register a list of 
     sanctions for use as guidelines in the discipline of 
     employees for infractions of airport access control 
     requirements. The guidelines shall incorporate a progressive 
     disciplinary approach that relates proposed sanctions to the 
     severity or recurring nature of the infraction, and shall 
     include, but are not limited to, measures such as remedial 
     training, suspension from security-related duties, suspension 
     from all duties without pay, and termination of employment.
       ``(B) Use of sanctions.--Each airport, air carrier, and 
     security screening company shall include the list of 
     sanctions published by the Administrator in its security 
     program. The security program shall include a process for 
     taking prompt disciplinary action against an employee who 
     commits an infraction of airport access control requirements.
       ``(2) Improvements.--The Administrator shall--
       ``(A) work with airport operators and air carriers to 
     implement and strengthen existing controls to eliminate 
     access control weaknesses by September 30, 2000;
       ``(B) require airport operators and air carriers to develop 
     and implement comprehensive and recurring training programs 
     that teach employees their role in airport security, the 
     importance of their participation, how their performance will 
     be evaluated, and what action will be taken if they fail to 
     perform;
       ``(C) require airport operators and air carriers--
       ``(i) to develop and implement programs that foster and 
     reward compliance with access control requirements, and 
     discourage and penalize noncompliance in accordance with 
     guidelines issued by the Administrator to measure employee 
     compliance; and
       (ii) to enforce individual compliance requirements under 
     Administration oversight;
       ``(D) assess and test for compliance with access control 
     requirements, report findings, and assess penalties or take 
     other appropriate enforcement actions when noncompliance is 
     found;
       ``(E) improve and better administer the Administration 
     security database to ensure its efficiency, reliability, and 
     usefulness for identification of systemic problems and 
     allocation of resources;
       ``(F) improve the execution of the Administration's quality 
     control program by September 30, 2000; and
       ``(G) require airport operators and air carriers to 
     strengthen access control points in secured areas (including 
     air traffic control operations areas) to ensure the security 
     of passengers and aircraft by September 30, 2000.''.

     SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.

       In order to ensure physical security at Federal Aviation 
     Administration facilities that house air traffic control 
     systems, the Administrator shall--
       (1) correct identified physical security weaknesses at 
     inspected facilities so these air traffic control facilities 
     can be granted physical security accreditation as 
     expeditiously as possible, but no later than April 30, 2001; 
     and
       (2) ensure that annual or triennial follow-up inspections 
     are conducted, deficiencies are promptly corrected, and 
     accreditation is kept current for all air traffic control 
     facilities.

     SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.

       The Administrator of the Federal Aviation Administration 
     shall immediately begin to increase gradually the random 
     selection factor embedded in the Administration's Commuter-
     Assisted Passenger Prescreening System at airports where bulk 
     explosive detection equipment is being used.

     SEC. 7. TECHNICAL AMENDMENT TO TITLE 49.

       Section 106(p)(2) is amended by striking ``15'' and 
     inserting ``18''.

  Mr. McCAIN. Mr. President, I rise to express my strong support for 
the Airport Security Improvement Act of 2000, S. 2440. This bill was 
introduced in April by Senator Hutchison and cosponsored by several 
other Senators, including myself. In June, the Commerce Committee 
favorably reported S. 2440, which was crafted to address several 
serious concerns associated with aviation security in this country.
  The bill was introduced in the wake of an Aviation Subcommittee 
hearing chaired by Senator Hutchison on the current state of aviation 
security. Prior to the hearing, the Federal Aviation Administration 
(FAA) and the General Accounting Office (GAO) conducted a closed 
briefing with respect to some of the more sensitive information in this 
area. Given concerns raised by the GAO and the Department of 
Transportation's Inspector General, a consensus developed that 
legislation was needed to address some of the more glaring deficiencies 
in the current system.
  As reported by the committee, S. 2440 would do the following: require 
criminal history records checks for all baggage and security checkpoint 
screeners; expand the list of criminal convictions that disqualify an 
individual from being employed as a security screener; increase the 
amount of classroom and on-the-job training required of airline 
security screeners; require the FAA to work with air carriers and 
airport operators to strengthen procedures to prevent unauthorized 
access to aircraft; hold security personnel individually responsible 
for security lapses through progressive disciplinary measures; require 
the FAA to improve security at its own air traffic control facilities; 
and increase random screening of checked bags for explosives.
  I believe these are all necessary steps for the improvement of 
aviation security. No system can ever be perfect, but we must continue 
to strive for an air transportation system that is as secure as 
reasonably possible. On the whole, security at U.S. airports appears to 
be good at this time. But, as I have said before, we cannot relax our 
efforts, especially given the significant growth in air travel. The 
threats to our nation remain real, and the airline industry 
unfortunately remains an attractive target.
  In closing, I commend Senator Hutchison for her hard work on this 
bill. She has done a fine job of taking the lead on this legislation.
  Mr. HOLLINGS. Mr. President, thank you for the opportunity to speak 
today about airport security, and in particular, S. 2440, the Airport 
Security Improvement Act of 2000.
  Our aviation security system in the United States and abroad is of 
extreme importance in protecting the traveling

[[Page S9772]]

public. Airport security is our first line of defense against terrorist 
attacks or other dangerous acts. We all know that our airport security 
personnel are underpaid and overworked.
  Congress sets minimum security standards for the airports and 
airlines to meet, but implementing the standards is not a government 
function--that part is left to the airlines, airports and security 
personnel. We need to ensure, then, that the industry and security 
screeners are better prepared and that higher training standards are 
implemented. Security workers are characterized by a high rate of 
turnover. According to GAO's testimony in our April 6 hearing this year 
on aviation security, from May 1998 through April 1999, turnover 
averaged 126 percent among screeners at 19 large airports, and the 
average wage for screeners in the United States averages $5.75 per hour 
with minimal benefits. We can't expect security personnel who are 
receiving minimum-wage or near-minimum wage to realize just how 
important their jobs are to the overall security of the airport and to 
have a commitment to their jobs. On the other hand, security personnel 
also need to be held individually responsible for security lapses. 
Peoples' lives are at stake when there are security lapses. Employees 
who fail to follow procedures should be suspended or terminated.
  S. 2440 directs the FAA Administrator to prescribe minimum standards 
for training security screeners that includes at least 40 hours of 
classroom instruction and at least 40 hours of practical training 
before an individual is qualified to provide security screening 
services at an airport. The FAA is committed to funding better, more 
effective equipment, but it was not going to finalize the regulation to 
improve training requirements for screeners and certification for 
screening companies until May 2001. With this legislation, improved 
training requirements will be implemented by September 30 of this year. 
S. 2440 also, among other things, requires airport operators and air 
carriers to develop comprehensive and recurring training programs that 
teach employees their role in airport security and how performance will 
be evaluated and treated.
  Another major problem at airports is secured-area access control 
weaknesses. People are getting into secured areas by following airport 
employees through security doors. This can be solved by employees 
simply closing the door behind them after they enter a secured area. S. 
2440 requires airport operators and air carriers to develop programs 
that foster and reward compliance with access control requirements, 
discourage and penalize noncompliance, and enforce individual 
compliance requirements under FAA oversight.
  I believe this bill is a step in the right direction. Security 
personnel need to be aware of the importance of their job and they also 
need to be provided with the proper training to carry out their 
functions. Many of the areas covered by this bill consist of actions 
now being undertaken by the FAA. However, despite these actions, and 
consistent with the needs of the traveling public, a number of 
modifications will be debated with our House colleagues but I am 
confident we can put together a final bill and send it to the President 
for his signature.
  Mr. ROBERTS. Mr. President, I ask unanimous consent that the 
Committee substitute be agreed to, the bill be read the third time and 
passed, the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be printed at this point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2440), as amended, was read the third time and passed.

                          ____________________