[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Senate]
[Pages S11007-S11009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AIRPORT SECURITY IMPROVEMENT ACT OF 2000

  Mrs. HUTCHISON. Mr. President, I ask the Chair lay before the Senate 
a message from the House of Representatives on the bill (S. 2440).
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 2440) entitled 
     ``An Act to amend title 49, United States Code, to improve 
     airport security'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     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.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall develop, in consultation with 
     the Office of Personnel Management and the Federal Bureau of 
     Investigation, the pilot program for individual criminal 
     history record checks (known as the electronic fingerprint 
     transmission pilot project) into an aviation industry-wide 
     program.
       (2) Limitation.--The Administrator shall not require any 
     airport, air carrier, or screening company to participate in 
     the program described in subsection (a) if the airport, air 
     carrier, or screening company determines that it would not be 
     cost effective for it to participate in the program and 
     notifies the Administrator of that determination.
       (b) Application of Expanded Program.--
       (1) Interim report.--Not later than 1 year after the date 
     of enactment of this Act, the Administrator shall transmit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report describing the 
     status of the Administrator's efforts to utilize the program 
     described in subsection (a).
       (2) Notification concerning sufficiency of operation.--If 
     the Administrator determines

[[Page S11008]]

     that the program described in subsection (a) is not 
     sufficiently operational 2 years after the date of enactment 
     of this Act to permit its utilization in accordance with 
     subsection (a), the Administrator shall notify the committees 
     referred to in paragraph (1) of that determination.
       (c) Changes in Existing Requirements.--Section 44936(a)(1) 
     of title 49, United States Code, is amended--
       (1) in subparagraph (A) by striking ``, as the 
     Administrator decides is necessary to ensure air 
     transportation security,'';
       (2) in subparagraph (D) by striking ``as a screener'' and 
     inserting ``in the position for which the individual 
     applied''; and
       (3) by adding at the end the following:
       ``(E) Criminal history record checks for screeners and 
     others.--
       ``(i) In general.--A criminal history record check shall be 
     conducted for each individual who applies for a position 
     described in subparagraph (A), (B)(i), or (B)(ii).
       ``(ii) Special transition rule.--During the 3-year period 
     beginning on the date of enactment of this subparagraph, an 
     individual described in clause (i) may be employed in a 
     position described in clause (i)--

       ``(I) in the first 2 years of such 3-year period, for a 
     period of not to exceed 45 days before a criminal history 
     record check is completed; and
       ``(II) in the third year of such 3-year period, for a 
     period of not to exceed 30 days before a criminal history 
     record check is completed,

     if the request for the check has been submitted to the 
     appropriate Federal agency and the employment investigation 
     has been successfully completed.
       ``(iii) Employment investigation not required for 
     individuals subject to criminal history record check.--An 
     employment investigation shall not be required for an 
     individual who applies for a position described in 
     subparagraph (A), (B)(i), or (B)(ii), if a criminal history 
     record check of the individual is completed before the 
     individual begins employment in such position.
       ``(iv) Effective date.--This subparagraph shall take 
     effect--

       ``(I) 30 days after the date of enactment of this 
     subparagraph with respect to individuals applying for a 
     position at an airport that is defined as a Category X 
     airport in the Federal Aviation Administration approved air 
     carrier security programs required under part 108 of title 
     14, Code of Federal Regulations; and
       ``(II) 3 years after such date of enactment with respect to 
     individuals applying for a position at any other airport that 
     is subject to the requirements of part 107 of such title.

       ``(F) Exemption.--An employment investigation, including a 
     criminal history record check, shall not be required under 
     this subsection for an individual who is exempted under 
     section 107.31(m) of title 14, Code of Federal Regulations, 
     as in effect on the date of enactment of this 
     subparagraph.''.
       (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'';
       (2) in clause (xi) by inserting ``or felony unarmed'' after 
     ``armed'';
       (3) by striking ``or'' at the end of clause (xii);
       (4) by redesignating clause (xiii) as clause (xv) and 
     inserting after clause (xii) the following:
       ``(xiii) a 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;
       ``(VIII) bribery; and
       ``(IX) illegal possession of a controlled substance 
     punishable by a maximum term of imprisonment of more than 1 
     year, or any other crime classified as a felony that the 
     Administrator determines indicates a propensity for placing 
     contraband aboard an aircraft in return for money; or''; and

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

     SEC. 3. IMPROVED TRAINING.

       (a) Training Standards for Screeners.--Section 44935 of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(e) Training Standards for Screeners.--
       ``(1) Issuance of final rule.--Not later than May 31, 2001, 
     and after considering comments on the notice published in the 
     Federal Register for January 5, 2000 (65 Fed. Reg. 559 et 
     seq.), the Administrator shall issue a final rule on the 
     certification of screening companies.
       ``(2) Classroom instruction.--
       ``(A) In general.--As part of the final rule, 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.
       ``(B) Classroom equivalency.--Instead of the 40 hours of 
     classroom instruction required under subparagraph (A), the 
     final rule may allow an individual to qualify to provide 
     security screening services if that individual has 
     successfully completed a program that the Administrator 
     determines will train individuals to a level of proficiency 
     equivalent to the level that would be achieved by the 
     classroom instruction under subparagraph (A).
       ``(3) On-the-job training.--In addition to the requirements 
     of paragraph (2), as part of the final rule, the 
     Administrator shall require that before an individual may 
     exercise independent judgment as a security screener under 
     section 44901, the individual shall--
       ``(A) complete 40 hours of on-the-job training as a 
     security screener; and
       ``(B) successfully complete an on-the-job training 
     examination prescribed by the Administrator.''.
       (b) Computer-Based Training Facilities.--Section 44935 of 
     title 49, United States Code, is further amended by adding at 
     the end 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 of Transportation are 
     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 
     by adding at the end the following:
       ``(g) 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 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 operator, 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 
     airport access control weaknesses by January 31, 2001;
       ``(B) require airport operators and air carriers to develop 
     and implement comprehensive and recurring training programs 
     that teach employees their roles 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 to develop 
     and implement programs that foster and reward compliance with 
     airport access control requirements and discourage and 
     penalize noncompliance in accordance with guidelines issued 
     by the Administrator to measure employee compliance;
       ``(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 Administrator's 
     security database to ensure its efficiency, reliability, and 
     usefulness for identification of systemic problems and 
     allocation of resources;
       ``(F) improve the execution of the Administrator's quality 
     control program by January 31, 2001; 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 January 31, 2001.''.

     SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.

       (a) In General.--In order to ensure physical security at 
     Federal Aviation Administration staffed facilities that house 
     air traffic control systems, the Administrator of the Federal 
     Aviation Administration shall act immediately to--
       (1) correct physical security weaknesses at air traffic 
     control facilities so the facilities can be granted physical 
     security accreditation not later than April 30, 2004; and
       (2) ensure that follow-up inspections are conducted, 
     deficiencies are promptly corrected, and accreditation is 
     kept current for all air traffic control facilities.
       (b) Reports.--Not later than April 30, 2001, and annually 
     thereafter through April 30, 2004, the Administrator shall 
     transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the progress being made in 
     improving the physical security of air traffic control 
     facilities, including the percentage of such facilities that 
     have been granted physical security accreditation.

     SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.

       Section 44903(c)(2) of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(C) Manual process.--
       ``(i) In general.--The Administrator shall issue an 
     amendment to air carrier security programs to require a 
     manual process, at explosive detection system screen 
     locations in airports where explosive detection equipment is 
     underutilized, which will augment the Computer Assisted 
     Passenger Prescreening System by randomly selecting 
     additional checked bags for screening so that a minimum 
     number of bags, as prescribed by the Administrator, are 
     examined.
       ``(ii) Limitation on statutory construction.--Clause (i) 
     shall not be construed to limit the ability of the 
     Administrator to impose additional security measures on an 
     air carrier or a foreign air carrier when a specific threat 
     warrants such additional measures.

[[Page S11009]]

       ``(iii) Maximum use of explosive detection equipment.--In 
     prescribing the minimum number of bags to be examined under 
     clause (i), the Administrator shall seek to maximize the use 
     of the explosive detection equipment.''.

     SEC. 7. AIRPORT NOISE STUDY.

       (a) In General.--Section 745 of the Wendell H. Ford 
     Aviation Investment and Reform Act for the 21st Century (49 
     U.S.C. 47501 note; 114 Stat. 178) is amended--
       (1) in the section heading by striking ``GENERAL ACCOUNTING 
     OFFICE'';
       (2) in subsection (a) by striking ``Comptroller General of 
     the United States shall'' and inserting ``Secretary shall 
     enter into an agreement with the National Academy of Sciences 
     to'';
       (3) in subsection (b)--
       (A) by striking ``Comptroller General'' and inserting 
     ``National Academy of Sciences'';
       (B) by striking paragraph (1);
       (C) by adding ``and'' at the end of paragraph (4);
       (D) by striking ``; and'' at the end of paragraph (5) and 
     inserting a period;
       (E) by striking paragraph (6); and
       (F) by redesignating paragraphs (2), (3), (4), and (5) as 
     paragraphs (1), (2), (3), and (4), respectively;
       (4) by striking subsection (c) and inserting the following:
       ``(c) Report.--Not later than 18 months after the date of 
     the agreement entered into under subsection (a), the National 
     Academy of Sciences shall transmit to the Secretary a report 
     on the results of the study. Upon receipt of the report, the 
     Secretary shall transmit a copy of the report to the 
     appropriate committees of Congress.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.''.
       (b) Conforming Amendment.--The table of contents for such 
     Act (114 Stat. 61 et seq.) is amended by striking item 
     relating to section 745 and inserting the following:

``Sec. 745. Airport noise study.''.

     SEC. 8. TECHNICAL AMENDMENTS.

       (a) Federal Aviation Management Advisory Council.--Section 
     106(p)(2) is amended by striking ``15'' and inserting ``18''.
       (b) National Parks Air Tour Management.--Title VIII of the 
     Wendell H. Ford Aviation Investment and Reform Act for the 
     21st Century (49 U.S.C. 40128 note; 114 Stat. 185 et seq.) is 
     amended--
       (1) in section 803(c) by striking ``40126'' each place it 
     appears and inserting ``40128'';
       (2) in section 804(b) by striking ``40126(e)(4)'' and 
     inserting ``40128(f)''; and
       (3) in section 806 by striking ``40126'' and inserting 
     ``40128''.
       (c) Restatement of Provision Without Substantive Change.--
     Section 41104(b) of title 49, United States Code, is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Except as provided in paragraph (3), an 
     air carrier, including an indirect air carrier, may not 
     provide, in aircraft designed for more than 9 passenger 
     seats, regularly scheduled charter air transportation for 
     which the public is provided in advance a schedule containing 
     the departure location, departure time, and arrival location 
     of the flight unless such air transportation is to and from 
     an airport that has an airport operating certificate issued 
     under part 139 of title 14, Code or Federal Regulations (or 
     any subsequent similar regulation).''; and
       (2) by adding at the end the following:
       ``(3) Exception.--This subsection does not apply to any 
     airport in the State of Alaska or to any airport outside the 
     United States.''.

     SEC. 9. EFFECTIVE DATE.

       Except as otherwise expressly provided, this Act and the 
     amendments made by this Act shall take effect 30 days after 
     the date of enactment of this Act.

  Mrs. HUTCHISON. I ask unanimous consent the Senate agree to the 
amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. Mr. President, we have just passed the Aviation 
Security Improvement Act of 2000. I am very pleased that we have been 
able, in a very bipartisan way, to pass this bill. I would like to just 
talk a little bit about how we came to pass the Aviation Security Act 
of 2000.
  Thanks to Senator Slade Gorton, the chairman of the Aviation 
Subcommittee, I was able to chair a hearing in which we heard from the 
FAA, particularly Admiral Flynn, about the state of our airport 
security. ``What is the state of our airport security?'' we asked. We 
wanted to know if we were doing everything we could to give our 
traveling public the most security possible.
  Admiral Flynn did a report and shared that with the Members of the 
Senate who came to the hearing. Every single Senator who attended the 
hearing became a cosponsor of the bill that we have just passed because 
there were some areas that we could clearly see needed to be made more 
strict, more stringent, just to make sure that we take every single 
measure we can to make our airports totally secure. Not that they are 
not, but there were some areas in which we could do better.
  So after the hearing and because of the outstanding testimony of 
Admiral Flynn of the FAA, we did put together a bill that was quite 
bipartisan. Chairman John McCain of the Commerce Committee came 
together with Chairman Slade Gorton of the Aviation Subcommittee. 
Senators Hollings, Inouye, Bryan, and Rockefeller all became immediate 
cosponsors of the bill. With that bipartisan group, we were able to 
make the changes that have been passed by the House and now will go to 
the President.
  Six hundred million travelers will pass through U.S. airports. Their 
safety depends on the soundness of the inspection points and the 
checkpoints, and we all have been through those monitors and we know 
how important it is that we have the best equipment and the best 
trained technicians to make sure we do not have any kind of firearms or 
explosives of any kind going into our airplanes.

  So we were able to pass this bill. I just want to make a couple of 
the points that are important in the bill.
  First, today, a person who has a lapse in employment history--whether 
it would be a year, 18 months, 2 years--would have a criminal 
background check done before they could be hired to be an airport 
baggage screener.
  Under the bill that we are passing today, there will be a criminal 
history record check on every person who becomes a baggage screener.
  Secondly, we looked at the airport training requirements for airport 
baggage screeners. We found that in the most industrialized countries 
there is a minimum of 40 hours of required training before a person can 
become a baggage screener, but in America the standard is 8 hours.
  The committee and the Congress believe we need to have more hours of 
required training and a test for baggage screeners. That will happen 
because of the bill we have just passed.
  Third, the security procedures in sensitive areas, such as the air 
traffic control towers, will be beefed up. And there will be prescribed 
security protocols and sanctions for people who violate those 
protocols.
  And fourth, the new generation of explosive detection systems will be 
utilized at a higher rate because of the bill we have passed today.
  I think we have done a very good job. I am very pleased that we had 
such a bipartisan effort on this piece of legislation. It could not 
have happened without the House and the Senate working together and so 
many people who did come into the negotiations on this bill. The 
leadership of our chairman, John McCain, and our subcommittee chairman, 
Slade Gorton, were essential, along with Senators Hollings, Inouye, 
Bryan, and Rockefeller.
  I also thank the staff who worked so hard. As you know, many times 
Senators have 10 things that are being asked of them at any one time. 
Without very good staff work, this would not have passed. So I 
especially thank my Commerce Committee staff legislative aid, Joe 
Mondello, who did yeoman service in making sure the bill got through 
committee and worked out all the little things that came up that could 
have unraveled the bill and did not. On Senator McCain's staff, Mike 
Reynolds, and Rob Chamberlin, who also did terrific work in making sure 
we got this expeditiously through the committee in the last hours of 
the session, because we did not want to wait 60 days before we could 
bring this back next year. It is too important.
  The air traveling public deserve to have the very best airport 
security. That is what this bill will allow. I believe the President 
will sign the bill. I urge him to do so.
  Thank you, Mr. President.

                          ____________________