[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.
____________________