The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“AIRPORT SECURITY IMPROVEMENT ACT OF 2000” mentioning the U.S. Dept. of Transportation was published in the Senate section on pages S9770-S9772 on Oct. 3, 2000.
The publication is reproduced in full below:
AIRPORT SECURITY IMPROVEMENT ACT OF 2000
Mr. ROBERTS. Mr. President, I ask unanimous consent that the Senate now proceed to the immediate consideration of Calendar No. 764, S. 2440.
The PRESIDING OFFICER. The clerk will state the bill by title.
The legislative clerk read as follows:
A bill (S. 2440) to amend title 49, United States Code, to improve airport security.
There being no objection, the Senate proceeded to consider the bill, which was reported by the Committee on Commerce, with an amendment in the nature of a substitute.
(Strike out all after the enacting clause and insert the part printed in italic.)
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Security Improvement Act of 2000''.
SEC. 2. CRIMINAL HISTORY RECORD CHECKS.
(a) Expansion of FAA Electronic Pilot Program.--Within 12 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall, in consultation with the Office of Personnel Management and the Federal Bureau of Investigation, develop the pilot program for individual criminal history record checks, known as the electronic fingerprint transmission pilot project, into an aviation industry-wide program.
(b) Application of Expanded Program.--Beginning 1 year after the date of enactment of this Act, the Administrator shall utilize the program described in subsection (a) to carry out section 44936 of title 49, United States Code, for individuals described in subsection (a)(1)(A), (a)(1)(B)(i), or (a)(1)(B)(ii) of that section. If the Administrator determines that the program is not sufficiently operational 1 year after the date of enactment of this Act to permit its utilization in accordance with subsection (a), the Administrator shall notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure of the determination.
(c) Changes in Existing Requirements.--Section 44936(a)(1) of title 49, United States Code is amended--
(1) by striking ``conducted, as the Administrator decides is necessary to ensure air transportation security, of'' in subparagraph (A) and inserting ``conducted of''; and
(2) by striking ``subparagraph (C))'' in subparagraph (B) and inserting ``subparagraph (D))'';
(3) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E);
(4) by inserting after subparagraph (B) the following:
``(C) A criminal history record check shall be conducted for every individual who applies for a position described in subparagraph (A) or in subparagraph (B)(i) or (ii) after the date of enactment of the Airport Security Improvement Act of 2000. For the 12-month period beginning on the date of enactment of that Act, an individual described in the preceding sentence may be employed in such a position before the check is completed if the individual is subject to supervision except in a case described in clause (i), (ii),
(iii), (iv), or (v) of subparagraph (D). After that 12-month period, such an individual may not be so employed until the check is completed.'';
(5) by striking ``subparagraph (C),'' in subparagraph (E), as redesignated, and inserting ``subparagraph (D),''; and
(6) by striking ``as a screener'' in subparagraph (E), as redesignated, and inserting ``in the position for which the individual applied''.
(d) List of Offenses Barring Employment.--Section 44936(b)(1)(B) of title 49, United States Code, is amended--
(1) by inserting ``(or found not guilty by reason of insanity)'' after ``convicted'';
(2) by inserting ``or felony unarmed'' after ``armed'' in clause (xi);
(3) by striking ``or'' after the semicolon in clause (xii);
(4) by redesignating clause (xiii) as clause (xv) and inserting after clause (xii) the following:
``(xiii) felony involving a threat;
``(xiv) a felony involving--
``(I) willful destruction of property;
``(II) importation or manufacture of a controlled substance;
``(III) burglary;
``(IV) theft;
``(V) dishonesty, fraud, or misrepresentation;
``(VI) possession or distribution of stolen property;
``(VII) aggravated assault; or
``(VIII) bribery; or''; and
(5) by striking ``clauses (i)-(xii) of this paragraph.'' in clause (xv), as redesignated, and inserting ``clauses (i) through (xiv) of this subparagraph.''.
SEC. 3. IMPROVED TRAINING.
(a) Completion of Rulemaking on Certification of Aviation Screening Companies.--
(1) Interim rule.--No later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue as an interim final rule the proposed rule on Certification of Screening Companies published in the Federal Register for January 5, 2000. For purposes of the interim final rule, the analyses and documentation prepared for the proposed rules are deemed to meet the requirements of chapter 5 of title 5, United States Code, applicable to rulemaking and any other procedural requirement imposed by law on rulemaking.
(2) Final rule.--No later than May 31, 2001, the Administrator shall issue a final rule on the Certification of Screening Companies, after taking into account any comments received on the proposed rule issued as an interim final rule under paragraph (1).
(b) Minimum Instructional Standards for Screeners.--Section 44935 of title 49, United States Code, is amended by adding at the end thereof the following:
``(e) Training Standards for Screeners.--
``(1) In general.--The Administrator shall prescribe minimum standards for training security screeners that include at least 40 hours of classroom instruction before an individual is qualified to provide security screening services under section 44901 of this title.
``(2) Classroom equivalency.--The successful completion of a program certified by the Administrator as a program that will train individuals to a level of proficiency meets the classroom instruction requirement of paragraph (1).
``(3) On-the-job training.--In addition to the requirements of paragraph (1), before an individual may exercise independent judgment as a security screener under section 44901 of this title the individual shall--
``(A) complete 40 hours of on-the-job training; and
``(B) successfully complete an on-the-job training examination prescribed by the Administrator.''.
(c) Computer-Based Training Facilities.--Section 4935 of title 49, United States Code, as amended by subsection (b) is further amended by adding at the end thereof the following:
``(f) Accessibility of Computer-Based Training Facilities.--The Administrator shall work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport regularly serving an air carrier holding a certificate issued by the Secretary be conveniently located for that airport and easily accessible.''.
SEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL.
Section 44903 of title 49, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g); and
(2) by inserting after subsection (d) thereof the following:
``(e) Improvement of Secured-Area Access Control.--
``(1) Enforcement.--
``(A) Administrator to publish sanctions.--The Administrator shall publish in the Federal Register a list of sanctions for use as guidelines in the discipline of employees for infractions of airport access control requirements. The guidelines shall incorporate a progressive disciplinary approach that relates proposed sanctions to the severity or recurring nature of the infraction, and shall include, but are not limited to, measures such as remedial training, suspension from security-related duties, suspension from all duties without pay, and termination of employment.
``(B) Use of sanctions.--Each airport, air carrier, and security screening company shall include the list of sanctions published by the Administrator in its security program. The security program shall include a process for taking prompt disciplinary action against an employee who commits an infraction of airport access control requirements.
``(2) Improvements.--The Administrator shall--
``(A) work with airport operators and air carriers to implement and strengthen existing controls to eliminate access control weaknesses by September 30, 2000;
``(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their role in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform;
``(C) require airport operators and air carriers--
``(i) to develop and implement programs that foster and reward compliance with access control requirements, and discourage and penalize noncompliance in accordance with guidelines issued by the Administrator to measure employee compliance; and
(ii) to enforce individual compliance requirements under Administration oversight;
``(D) assess and test for compliance with access control requirements, report findings, and assess penalties or take other appropriate enforcement actions when noncompliance is found;
``(E) improve and better administer the Administration security database to ensure its efficiency, reliability, and usefulness for identification of systemic problems and allocation of resources;
``(F) improve the execution of the Administration's quality control program by September 30, 2000; and
``(G) require airport operators and air carriers to strengthen access control points in secured areas (including air traffic control operations areas) to ensure the security of passengers and aircraft by September 30, 2000.''.
SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.
In order to ensure physical security at Federal Aviation Administration facilities that house air traffic control systems, the Administrator shall--
(1) correct identified physical security weaknesses at inspected facilities so these air traffic control facilities can be granted physical security accreditation as expeditiously as possible, but no later than April 30, 2001; and
(2) ensure that annual or triennial follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control facilities.
SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.
The Administrator of the Federal Aviation Administration shall immediately begin to increase gradually the random selection factor embedded in the Administration's Commuter-Assisted Passenger Prescreening System at airports where bulk explosive detection equipment is being used.
SEC. 7. TECHNICAL AMENDMENT TO TITLE 49.
Section 106(p)(2) is amended by striking ``15'' and inserting ``18''.
Mr. McCAIN. Mr. President, I rise to express my strong support for the Airport Security Improvement Act of 2000, S. 2440. This bill was introduced in April by Senator Hutchison and cosponsored by several other Senators, including myself. In June, the Commerce Committee favorably reported S. 2440, which was crafted to address several serious concerns associated with aviation security in this country.
The bill was introduced in the wake of an Aviation Subcommittee hearing chaired by Senator Hutchison on the current state of aviation security. Prior to the hearing, the Federal Aviation Administration
(FAA) and the General Accounting Office (GAO) conducted a closed briefing with respect to some of the more sensitive information in this area. Given concerns raised by the GAO and the Department of Transportation's Inspector General, a consensus developed that legislation was needed to address some of the more glaring deficiencies in the current system.
As reported by the committee, S. 2440 would do the following: require criminal history records checks for all baggage and security checkpoint screeners; expand the list of criminal convictions that disqualify an individual from being employed as a security screener; increase the amount of classroom and on-the-job training required of airline security screeners; require the FAA to work with air carriers and airport operators to strengthen procedures to prevent unauthorized access to aircraft; hold security personnel individually responsible for security lapses through progressive disciplinary measures; require the FAA to improve security at its own air traffic control facilities; and increase random screening of checked bags for explosives.
I believe these are all necessary steps for the improvement of aviation security. No system can ever be perfect, but we must continue to strive for an air transportation system that is as secure as reasonably possible. On the whole, security at U.S. airports appears to be good at this time. But, as I have said before, we cannot relax our efforts, especially given the significant growth in air travel. The threats to our nation remain real, and the airline industry unfortunately remains an attractive target.
In closing, I commend Senator Hutchison for her hard work on this bill. She has done a fine job of taking the lead on this legislation.
Mr. HOLLINGS. Mr. President, thank you for the opportunity to speak today about airport security, and in particular, S. 2440, the Airport Security Improvement Act of 2000.
Our aviation security system in the United States and abroad is of extreme importance in protecting the traveling public. Airport security is our first line of defense against terrorist attacks or other dangerous acts. We all know that our airport security personnel are underpaid and overworked.
Congress sets minimum security standards for the airports and airlines to meet, but implementing the standards is not a government function--that part is left to the airlines, airports and security personnel. We need to ensure, then, that the industry and security screeners are better prepared and that higher training standards are implemented. Security workers are characterized by a high rate of turnover. According to GAO's testimony in our April 6 hearing this year on aviation security, from May 1998 through April 1999, turnover averaged 126 percent among screeners at 19 large airports, and the average wage for screeners in the United States averages $5.75 per hour with minimal benefits. We can't expect security personnel who are receiving minimum-wage or near-minimum wage to realize just how important their jobs are to the overall security of the airport and to have a commitment to their jobs. On the other hand, security personnel also need to be held individually responsible for security lapses. Peoples' lives are at stake when there are security lapses. Employees who fail to follow procedures should be suspended or terminated.
S. 2440 directs the FAA Administrator to prescribe minimum standards for training security screeners that includes at least 40 hours of classroom instruction and at least 40 hours of practical training before an individual is qualified to provide security screening services at an airport. The FAA is committed to funding better, more effective equipment, but it was not going to finalize the regulation to improve training requirements for screeners and certification for screening companies until May 2001. With this legislation, improved training requirements will be implemented by September 30 of this year. S. 2440 also, among other things, requires airport operators and air carriers to develop comprehensive and recurring training programs that teach employees their role in airport security and how performance will be evaluated and treated.
Another major problem at airports is secured-area access control weaknesses. People are getting into secured areas by following airport employees through security doors. This can be solved by employees simply closing the door behind them after they enter a secured area. S. 2440 requires airport operators and air carriers to develop programs that foster and reward compliance with access control requirements, discourage and penalize noncompliance, and enforce individual compliance requirements under FAA oversight.
I believe this bill is a step in the right direction. Security personnel need to be aware of the importance of their job and they also need to be provided with the proper training to carry out their functions. Many of the areas covered by this bill consist of actions now being undertaken by the FAA. However, despite these actions, and consistent with the needs of the traveling public, a number of modifications will be debated with our House colleagues but I am confident we can put together a final bill and send it to the President for his signature.
Mr. ROBERTS. Mr. President, I ask unanimous consent that the Committee substitute be agreed to, the bill be read the third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed at this point in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (S. 2440), as amended, was read the third time and passed.
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