[Congressional Record Volume 147, Number 134 (Tuesday, October 9, 2001)]
[Senate]
[Pages S10391-S10392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL:
  S. 1515. A bill to provide for enhanced security with respect to 
aircraft; to the Committee on Commerce, Science, and Transportation.
  Mr. KOHL. Madam President, I rise this afternoon to introduce the 
``Safe Ground through Safe Skies Act of 2001.'' This legislation 
strengthens security measures for those aircraft that are currently not 
required to comply with an FAA approved security program. The events of 
September 11 have shown us a new reality, that our aircraft can be used 
as lethal weapons against innocent civilians on the ground.
  I applaud the FAA, the Administration, and Congress for quickly 
moving to address this threat as it applies to commercial aircraft. 
With the new security measures put in place by S. 1447, I am certain we 
will not again see a commercial common carrier be hijacked and turned 
into a bomb. However, the proposals under consideration today do 
nothing to stop other aircraft, such as chartered planes, leased 
planes, and cargo planes, from being hijacked and crashed into 
buildings or landmarks.
  I believe many of my colleagues would be surprised to learn that, for 
purposes of security, these aircraft are virtually unregulated. The 
protection of these aircraft, some as big or bigger than those used in 
the September 11 attack, is left to the private sector owners and 
operators, an approach we now reject for commercial common carriers.
  As the Senate continues to work on legislation to enhance security 
measures for commercial common carriers, it is vital that we address 
the gaping hole in our security as it relates to currently unregulated 
aircraft. It would be criminally negligent to pass an Aviation Security 
Act that leaves thousands of aircraft still unprotected from those 
terrorists who would turn our own planes into weapons of mass 
destruction.
  The Safe Ground through Safe Skies Act is an attempt to address this 
difficult problem. It is based on three goals:
  First, the legislation seeks to maintain the FAA's flexibility to 
design different screening systems for all sorts of aircraft, used for 
all sorts of purposes and boarding and deplaning at airports with a 
wide variety of experience in security.
  Second, the legislation recognizes the time consuming and difficult 
task of putting together a security program for smaller aircraft, many 
of which operate out of very small airports without any security in 
place currently.
  And third, and perhaps most importantly, the legislation addresses 
the immediate threat of a near term repeat terrorist attack.
  To achieve these goals, this legislation requires the FAA 
Administrator to issue a security screening program for all aircraft 
operations with an aircraft that weighs more than 12,500 pounds. That 
means every operator of an aircraft that takes-off in this country with 
more than approximately 15 seats will be subject to new security 
measures. To address the varying types of aircraft and aircraft 
operations, the Administrator will have the authority to waive this new 
requirement in cases reviewed and approved by the Administrator and 
Congress.
  For those aircraft weighing less than 12,500 pounds, this legislation 
requires the Secretary of Transportation to report to Congress, within 
6 months of enactment, recommendations on how to improve security for 
general aviation. Within one year of enactment, the Administrator must 
turn that report into an actual program.
  Finally, effective immediately upon enactment, this legislation 
requires aliens and persons identified by the Secretary of 
Transportation to undergo a background check before buying, leasing, or 
chartering any aircraft. This provision would expire as the 
Administrator issues security rules for each class of aircraft.
  Though this final step may seem extreme, it is a quick and simple way 
to immediately protect our entire aircraft fleet from capture and use 
as a weapon. The section is designed to mirror the requirements for 
background checks for aliens and others seeking flight school training 
already agreed to in S. 1447. If we need to protect ourselves from 
terrorists seeking flight school training in the future, we have an 
equal, if not greater need to protect our aircraft from terrorists who 
may have already received their flight training.
  Current policy falls short of the level of protection that the 
American people require and deserve. Any comprehensive airline safety 
legislation must include all types of aircraft conducting operations in 
our sky. While not placing a heavy burden on the FAA or the general 
aviation industry, the Safe Ground through Safe Skies Act protects our 
airline passengers and those of us on the ground by reducing the 
likelihood of another attack from the skies.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1515

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ENHANCED SECURITY FOR AIRCRAFT.

       (a) Security for Larger Aircraft.--
       (1) Program required.--Not later than 90 days after the 
     date of the enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall commence implementation 
     of a program to provide security screening for all aircraft 
     operations conducted with respect to any aircraft having a 
     maximum certified takeoff weight of more than 12,500 pounds 
     that is not operating as of the date of the implementation of 
     the program under security procedures prescribed by the 
     Administrator.
       (2) Waiver.--
       (A) Authority to waive.--The Administrator may waive the 
     applicability of the program under paragraph (1) with respect 
     to any aircraft or class of aircraft otherwise described by 
     that paragraph if the Administrator determines that aircraft 
     described in that paragraph can be operated safely without 
     the applicability of the program to such aircraft or class of 
     aircraft, as the case may be.
       (B) Limitations.--A waiver under subparagraph (A) may not 
     go into effect--
       (i) unless approved by the Secretary of Transportation; and
       (ii) until 10 days after the date on which notice of the 
     waiver has been submitted to the appropriate committees of 
     Congress.
       (3) Program elements.--The program under paragraph (1) 
     shall require the following:
       (A) The search of any aircraft covered by the program 
     before takeoff.
       (B) The screening of all crew members, passengers, and 
     other persons boarding any aircraft covered by the program, 
     and their property to be brought on board such aircraft, 
     before boarding.
       (4) Procedures for searches and screening.--The 
     Administrator shall develop procedures for searches and 
     screenings under the program under paragraph (1). Such 
     procedures may not be implemented until approved by the 
     Secretary.
       (b) Security for Smaller Aircraft.--
       (1) Program required.--Not later than one year after the 
     date of the enactment of this Act, the Administrator shall 
     commence implementation of a program to provide security for 
     all aircraft operations conducted with respect to any 
     aircraft having a maximum certified takeoff weight of 12,500 
     pounds or less that is not operating as of the date of the 
     implementation of the program under security procedures 
     prescribed by the Administrator. The program shall address 
     security with respect to crew members, passengers, baggage 
     handlers, maintenance workers, and other individuals with 
     access to aircraft covered by the program, and to baggage.
       (2) Report on program.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report containing 
     a proposal for the program to be implemented under paragraph 
     (1).
       (c) Background Checks for Aliens Engaged in Certain 
     Transactions Regarding Aircraft.--
       (1) Requirement.--Notwithstanding any other provision of 
     law and subject to paragraph (3), no person or entity may 
     sell, lease, or charter any aircraft to an alien, or any 
     other individual specified by the Secretary

[[Page S10392]]

     for purposes of this subsection, within the United States 
     unless the Attorney General issues a certification of the 
     completion of a background investigation of the alien, or 
     other individual, as the case may be, that meets the 
     requirements of paragraph (2).
       (2) Background investigation.--A background investigation 
     or an alien or individual under this subsection shall consist 
     of the following:
       (A) A determination whether or not there is a record of a 
     criminal history for the alien or individual, as the case may 
     be, and, if so, a review of the record.
       (B) In the case of an alien, a determination of the status 
     of the alien under the immigration laws of the United States.
       (C) A determination whether the alien or individual, as the 
     case may be, presents a risk to the national security of the 
     United States.
       (3) Expiration.--The prohibition in paragraph (1) shall 
     expire as follows:
       (A) In the case of an aircraft having a maximum certified 
     takeoff weight of more than 12,500 pounds, upon 
     implementation of the program required by subsection (a).
       (B) In the case of an aircraft having a maximum certified 
     takeoff weight of 12,500 pounds or less, upon implementation 
     of the program required by subsection (b).
       (4) Alien defined.--In this subsection, the term ``alien'' 
     has the meaning given that term in section 101(a)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Commerce of the House of 
     Representatives.
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