[Pages H10523-H10527]
From the Congressional Record Online through the 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

[[Page H10524]]

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.
``(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

[[Page H10525]]

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.

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

[[Page H10526]]

those facilities that are staffed, not to those that merely
house equipment.
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 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

[[Page H10527]]

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.

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