[Congressional Record (Bound Edition), Volume 146 (2000), Part 16]
[House]
[Pages 23849-23853]
[From the U.S. Government Publishing Office, www.gpo.gov]



                AIRPORT SECURITY IMPROVEMENT ACT OF 2000

  Mr. LaTOURETTE. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 2440) to amend title 49, United States Code, to improve 
airport security, as amended.
  The Clerk read as follows:

                                S. 2440

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

     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 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

[[Page 23850]]

     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.
       ``(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

[[Page 23851]]

     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.

  The SPEAKER pro tempore (Mr. Pease). Pursuant to the rule, the 
gentleman from Ohio (Mr. LaTourette) and the gentleman from Mississippi 
(Mr. Shows) each will control 20 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. LaTourette).
  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, last March the Subcommittee on Aviation held a hearing 
on aviation security, and at that time it heard some disturbing 
testimony.
  For example, the General Accounting Office testified that although 
security screeners have detected about 10,000 guns over the last 5 
years, weapons still often pass through airport checkpoints undetected. 
This is not surprising, given the repetitive, monotonous, stressful job 
that the screeners have. Moreover, screener pay is very low, only about 
$6 or $7 an hour. Some only get minimum wage. Most could probably make 
more working in a fast food restaurant. As a result, turnover exceeds 
100 percent at most large airports; and at one airport, turnover of 
security screeners topped 400 percent a year.
  But it is not turnover that is the problem. For example, the DOT 
Inspector General told us that even though Congress has authorized 
about $350 million for the purchase of explosive detection systems, 
airlines often do not use this equipment as much as they could. The IG 
also testified that the list of 25 crimes that disqualified one from 
being a security screener did not include such serious crimes as 
burglary, bribery, and felony drug possession.
  As a result of that hearing, the chairman of the Subcommittee on 
Aviation, the gentleman from Tennessee (Mr. Duncan), along with some of 
my colleagues on the Subcommittee on Aviation, the gentleman from 
Pennsylvania (Mr. Shuster); the gentleman from Minnesota (Mr. 
Oberstar); the gentleman from Illinois (Mr. Lipinski); and the 
gentleman from California (Mr. Gary Miller), introduced H.R. 4529. That 
bill expanded the list of crimes that would disqualify one from being a 
security screener.
  In the Senate, Senator Hutchison of Texas introduced a similar bill. 
That bill, S. 2440, passed the Senate on October 3. Mr. Speaker, S. 
2440 not only expands the list of disqualifying crimes, it also 
attempts to plug some of the other holes in our aviation security 
system that hearings have revealed.
  Let me emphasize that I believe that our aviation system is safe. 
There has not been a hijacking of a U.S. airline flight since 1991, and 
that hijacker did not actually have a weapon as he claimed, so he was 
arrested. However, as recent events demonstrate, it remains a dangerous 
world for Americans, and aviation is still a tempting target for 
terrorists. That is why it is so important to maintain a strong 
aviation security system, and that is why passage of this bill is so 
important.
  This bill will take several steps to improve aviation security. For 
one, it will mandate fingerprint checks for all employees who will have 
access to the airfield or who will be responsible for screening 
passengers and their baggage. Previously, fingerprint checks were 
required only where a background investigation revealed gaps in a 
person's employment history.
  To expedite these fingerprint checks, the bill expands the electronic 
fingerprint transmission project into an aviation industry-wide 
program. Each airport, airline, and screening company will have the 
option of deciding whether they want to participate in this new 
program.
  This bill, like the original House bill, also expands the list of 
crimes that would disqualify a person from working as a screener or 
getting a job with an airport that would provide access to the 
airfield.
  Another important feature of this bill is the directive to make 
greater use of explosive detection systems.
  Taxpayers have already spent millions on these systems, and we want 
to make sure that they are fully utilized. FAA and the airlines have 
been relying on a profiling system to ensure that suspicious bags are 
examined by an explosive detection system. However, there is no 
guarantee that this profiling is 100 percent effective.
  Increasing the number of bags randomly selected for further 
examination improves the odds that a 1-in-a-million bag with a bomb 
will be discovered.
  In short, while security in this country is good, it could be better. 
By upgrading screener training and making other changes that I have 
described, this bill will make it better, and it will do this at very 
little cost to the FAA, the airlines, and the airports.
  Therefore, I urge passage of this legislation, and I will include a 
more detailed section-by-section summary of the bill in the Record at 
this point.

                         Security Bill--S. 2440


                       section-by-section summary

       Section 1 is the short title.
       Section 2 changes the system and requirements governing 
     criminal history record checks (i.e. fingerprint checks).
       Subsection (a) expands the electronic fingerprint pilot 
     program.
       Paragraph (1) directs FAA to develop the electronic 
     fingerprint transmission pilot project into an aviation 
     industry-wide program within 2 years. This may require 
     airports to purchase new equipment but will expedite the 
     fingerprint checking process.
       Paragraph (2) makes clear that small airports do not have 
     to buy the new equipment or participate in the electronic 
     fingerprint transmission program if it would be too costly. 
     They can continue to do the fingerprint checks under the 
     current slower process.
       Subsection (b) describes the implementation of the new 
     fingerprint transmission program.
       Paragraph (1) directs the FAA to report to Congress within 
     1 year on the FAA's progress in making this program available 
     throughout the aviation industry.
       Paragraph (2) requires the FAA to notify Congress if the 
     fingerprint transmission program will not be operational 
     within 2 years as required by subsection (a)(1).
       Subsection (c) requires that fingerprint checks be done for 
     anyone applying for a job as a security screener, a screener 
     supervisor, or that will allow unescorted access to the air 
     field. This requirement takes effect within 30 days at 
     category X airports and within 3 years at all other airports. 
     During the first 3 years, the person can be temporarily 
     employed without the fingerprint check if the fingerprints 
     have been submitted and an employment or background 
     investigation has been done and found no cause for suspicion. 
     This temporary employment without a fingerprint check can 
     last 45 days within 2 years of enactment and 30 days during 
     the third year of enactment. After that, all new employees 
     must have a fingerprint check before beginning work. 
     Applicants who are subject to the fingerprint check do not 
     have to also undergo an employment or background 
     investigation as was formerly the case. Government employees 
     and others with access to the air field, who are exempted 
     under FAA rules from fingerprint checks, will not be subject 
     to them as a result of this bill.
       Subsection (d) lists additional crimes that would 
     disqualify a person from being a security screener.
       Section 3 calls for improved training.
       Subsection (a) adds a new subsection (e) to section 44935 
     of title 49 establishing new training standards for 
     screeners.
       Paragraph (e)(1) requires FAA to issue a final rule for the 
     certification of screening companies by May 31, 2001. This is 
     the rule that was previously mandated by section 302 of 
     public law 104-264, 110 Stat. 3250.
       Paragraph (e)(2) requires this rule to prescribe 40 hours 
     of classroom instruction, or an equivalent program, before a 
     person can be a security screener.
       Paragraph (e)(3) requires that a person complete 40 hours 
     of on-the-job training and pass an on-the-job exam before 
     exercising independent judgment as a security screener.
       Subsection (b) directs FAA to work with airlines and 
     airports to ensure that computer-based training devices for 
     screeners are conveniently located and easily accessible.
       Section 4 adds a new subsection (g) to section 44903 of 
     Title 49 to tighten access controls to the airfield.
       Paragraph (g)(1) requires FAA to publish a list of 
     sanctions for disciplining employees who violate airport 
     access control requirements. The guidelines shall incorporate 
     a progressive disciplinary approach. Airports, airlines and 
     screening companies shall include the sanctions in their 
     security programs.
       Paragraph (g)(2) requires FAA to work with airlines and 
     airports to improve airport access controls by January 31, 
     2001.
       Section 5 calls for better security at air traffic control 
     facilities. This applies only to those facilities that are 
     staffed, not to those that merely house equipment.

[[Page 23852]]

       Subsection (a) requires FAA to improve security at ATC 
     facilities so that they all can get security accreditation by 
     April 30, 2004.
       Subsection (b) requires annual reports from the FAA on the 
     progress being made in getting its facilities accredited, 
     including the percentage that have been accredited.
       Section 6 requires FAA to increase the number of checked 
     bags that are selected for screening by explosive detection 
     systems (EDS). The purpose of this requirement is to increase 
     utilization of explosive detection systems at those airport 
     terminals where they are installed. However, the requirement 
     is not intended to require an increase in the number of 
     ``selectees'' when an air carrier instead employs a bag match 
     system--even if the carrier serves an airport in which 
     explosive detection equipment is installed.
       Section 7 transfers responsibility for a noise study 
     mandated by section 745 of AIR 21 (P.L. 106-181, 114 Stat. 
     115) from the General Accounting Office to the National 
     Academy of Sciences.
       Section 8 makes several technical changes.
       Subsection (a) changes the total number of members of the 
     Management Advisory Council to conform to the number that 
     were added by AIR 21.
       Subsection (b) changes incorrect cross references in the 
     National Parks Air Tour Management Act of 2000.
       Subsection (c) rewrites section 723 of Air 21 dealing with 
     restrictions on scheduled charters to remove double negatives 
     and make it more understandable.
       Section 9 states that the bill becomes effective 30 days 
     after enactment.

  Mr. Speaker, I reserve the balance of my time.
  Mr. SHOWS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of S. 2440, the Airport 
Security Improvement Act of 2000. Mr. Speaker, S. 2440 makes several 
needed changes to the Federal Aviation Administration's airport 
security program.
  In March of this year, the House Subcommittee on Aviation held a 
hearing on aviation security. During that hearing, both the General 
Accounting Office and DOT's Inspector General highlighted certain 
weaknesses in FAA's security program. Significantly, both the GAO and 
IG uniformly described security screener performance as a ``weak link'' 
in the aviation system.
  Millions of passengers and pieces of baggage pass through our 
airports each day. Therefore, it is important to maintain passenger 
screening check points and to ensure that the screeners that operate 
them are qualified. However, high turnover, low wages, and lack of 
adequate training hinders security screening performance.
  To remedy this situation, S. 2440 directs the FAA to finalize by May 
1, 2001, its proposed rule to certify screening companies and enhance 
screener training. As part of this effort, S. 2440 mandates minimum 
training standards for screeners: 40 hours of classroom training and 40 
hours on the job. Certification of screening companies and mandatory 
training requirements will help to ensure a proficient and highly 
qualified screening workforce.
  In addition, the IG has found that FAA's background investigative 
procedures are often ineffective and that vulnerabilities exist in 
airport access control. To ensure effective background investigations, 
S. 2440 requires criminal history record checks for those individuals 
who apply for a position as a screener or as screening supervisor, or 
who apply for a position that allows for unescorted access to secured 
areas of an airport. Importantly, S. 2440 adds several crimes to the 
list of crimes that would disqualify an individual from holding a 
security-sensitive position.
  Mr. Speaker, S. 2440 requires that FAA, in consultation with the 
Office of Personnel Management and the Federal Bureau of Investigation, 
to expand its electronic fingerprint transmission pilot project into an 
aviation industry-wide program. This program will allow for a quick 
turnaround on criminal background checks for individuals applying for 
screener or other security-sensitive positions.
  To ensure that all potential areas of vulnerability are addressed, S. 
2440 directs the FAA to work with responsible parties to eliminate 
access control weaknesses, requiring airport operators and air carriers 
to adopt training programs so that all employees are aware of the 
importance of complying with the access control procedures. Mr. 
Speaker, S. 2440 also requires airport operators and air carriers to 
develop programs that award compliance with the access controls 
procedures, penalize noncompliance, and hold individuals accountable 
for their actions.
  Finally, the GAO testified that although many FAA-certified explosive 
detection machines have been installed, many of these machines are 
underutilized. To maximize EDS usage, S. 2440 directs the FAA to 
require certain air carriers to develop a manual process whereby extra 
bags would be selected to go through EDS screening.
  Congress must continue to oversee FAA's progress in resolving these 
very significant and complex security issues. I urge my colleagues to 
support S. 2440.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, the gentleman from Mississippi (Mr. 
Shows) and I have, I think, adequately demonstrated that it is not easy 
to say ``security screener'' 10 times in a row.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of S. 2330, the 
Airport Security Improvement Act of 2000. S. 2440 makes several needed 
changes to the Federal Aviation Administration's (FAA) airport security 
program.
  Whenever I consider aviation security, I first reflect on the Pan 
American World Airways flight 103. On December 21, 1988, the world of 
aviation security changed forever when a terrorist bomb tore apart a 
Boeing 737 killing all 259 passengers and crew, and 11 residents of the 
small town of Lockerbie, Scotland. This terrorist act propelled the 
families of those victims on a tireless mission to prevent such future 
tragedies, culminating in the creation of the President's Commission on 
Aviation Security and Terrorism, on which I served as a commissioner.
  The Commission's 1990 report found the nation's civilian aviation 
security system to be seriously flawed, and made 64 recommendations to 
correct those flaws. First and foremost among its recommendations was 
that the FAA aggressively pursue a research and development program to 
produce new techniques and equipment that will detect small amounts of 
explosives in an airport operational environment. I introduced 
legislation implementing the Commission's recommendations. My 
legislation was enacted in the Aviation Security Improvement Act of 
1990. Six years later, spurred by initial concerns that a terrorist act 
was responsible for the TWA 800 explosion off Long Island, President 
Clinton organized another commission, the 1996 White House Commission 
on Aviation Safety and Security. The Gore Commission, as it was known, 
made 31 recommendations for enhancing aviation security. Again, 
Congress acted swiftly and, in the 1996 FAA Reauthorization Act, 
included measures to heighten security.
  Since the passage of the 1996 FAA Reauthorization Act, Congress has 
provided more than $350 million for deployment of security equipment, 
and more than $250 million in research funds. Recently, the Wendell H. 
Ford Aviation Investment and Reform Act (AIR 21), which was signed into 
law by the President on April 5, authorized $5 million annually for the 
Department of Transportation (DOT) to carry out at least one project to 
test and evaluate innovation security systems. In addition, AIR 21 
authorized such sums as may be necessary to develop and improve 
security screener training programs and such sums as may be necessary 
to hire additional inspectors to enhance air cargo security programs.
  To date, the FAA has installed 92 FAA-certified explosive detection 
(``EDS'') machines at 35 airports, 553 explosive trace detection 
devices at 84 U.S. and foreign airports, and 18 advanced technology 
bulk explosives detection x-ray machines at eight airports. In 
addition, the FAA has deployed 38 computer-based training device 
platforms at 37 airports. The General Accounting Office (GAO) has 
commented, however, that at many airports EDS machines are 
underutilized. S. 2440 directs the FAA to require those air carriers 
whose EDS machines are underutilized to develop a manual process 
whereby extra bags would be selected to go through EDS screening.
  While deploying EDS equipment is a critical component to increase 
aviation security, with millions of passengers and pieces of baggage 
passing through our airports each day, it is also of paramount 
importance to maintain passenger-screening checkpoints and ensure that 
the screeners that operate them are well qualified. In March of this 
year, the House Aviation Subcommittee held a hearing on aviation 
security. During that hearing, both the GAO and DOT's Inspector General 
uniformly described security screener performance as the ``weak link'' 
in the aviation system. The FAA and the

[[Page 23853]]

airlines share the responsibility to ensure optimal performance of 
security screeners. However, high turnover, low wages, and lack of 
adequate training hinder security screener performance.
  S. 2440 directs the FAA to finalize by May 1, 2001, its proposed rule 
that would implement the Gore Commission recommendations to certify 
screening companies, and enhance screener training. In addition, S. 
2440 mandates minimum training standards for screeners: 40 hours of 
classroom training and 40 hours on the job. Certification of screening 
companies and mandatory training requirements will go a long way toward 
ensuring a proficient and highly qualified screening workforce.
  In addition, the Inspector General has made some very startling 
findings regarding the ineffectiveness of FAA's background 
investigative procedures, and the vulnerabilities in airport access 
control. An Inspector General study of security procedures at six 
airports concluded that compliance with existing FAA regulations was 
lax. Of the 35 percent of employee files reviewed, the IG found no 
evidence that a complete background investigation had been performed. 
Despite this failure, airport identification cards were issued to these 
employees. In addition, 15 percent of the files reviewed showed an 
unexplained employment gap, but with no requisite criminal background 
check being performed.
  To ensure effective background investigations, S. 2440 requires 
criminal history record checks for those individuals who apply for a 
position as a screener or a screener supervisor, or who apply for a 
position that allows for unescorted access to secured areas of an 
airport. Importantly, S. 2440 adds several crimes, including illegal 
possession of a controlled substance, to the list of crimes that would 
disqualify an individual from holding a security-sensitive position.
  Further, S. 2440 requires the FAA, in consultation with the Office of 
Personnel Management and the Federal Bureau of Investigation, to expand 
its electronic fingerprint transmission pilot project into an aviation 
industry wide program. This program will allow for a quick turnaround 
on criminal background checks for individuals applying for screener or 
other security-sensitive positions.
  The FAA must take a holistic view toward its security 
responsibilities to ensure that all areas of vulnerability are 
addressed. However, the airlines and airports also share in that 
responsibility--and should not put cost considerations above passenger 
safety. S. 2440 directs the FAA to work with all responsible parties to 
eliminate access control weaknesses, requiring airport operators and 
air carriers to adopt training programs so that all employees are aware 
of the importance of complying with the access control procedures. S. 
2440 also requires airport operators and air carriers to develop 
programs that award compliance with access controls procedures, 
penalize non-compliance, and hold individuals accountable for their 
actions.
  I made a promise when I was on the President's 1990 Commission on 
Aviation Security and Terrorism that I would not let that Report gather 
dust on a shelf. Passage of S. 2440, in combination with the AIR 21 
provisions, is just another milestone on the infinite continuum of 
enhancing aviation security.
  We must remain vigilant in our oversight of the FAA's progress in 
resolving these very significant and complex security issues. We owe it 
to the American traveling public both here and abroad. I urge my 
colleagues to support this critical piece of legislation.
  Mr. LaTOURETTE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. LaTourette) that the House suspend the rules 
and pass the Senate bill, S. 2440, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

                          ____________________