WASHINGTON (Oct. 11) – An amendment added to the airline security
bill, which cleared the Senate late Thursday, will require the FBI to
share information about suspected terrorists with the FAA or airline
officials, according to Sen. Patrick Leahy, the author of the provision.
Two of the suspected hijackers on Sept.11 were on FBI watch lists, but
both the Secretary of Transportation and the Attorney General testified
before Congress that the FBI, the Department of Justice and the INS
currently do not share information on potentially dangerous individuals
with the FAA or the airlines.
"The events of September 11 have shown us that it is time to
change our mind set and our policy. This amendment will help improve
airline safety and provide the flying public with greater security by
closing this information loophole," said Leahy, chairman of the
Senate Judiciary Committee, which has oversight responsibility over
federal law enforcement agencies.
Under Leahy’s amendment, the bill requires the Attorney General, in
consultation with the Deputy Secretary for Transportation Security and the
Director of the Federal Bureau of Investigation, to establish procedures
to notify the Administrator of the Federal Aviation Administration and
airline or airport security officials of the identity of persons known or
suspected to pose a risk of air piracy or terrorism.
The Leahy amendment also provides civil immunity for airlines and
airline employees who report information on potential safety threats or
criminal violations to the Department of Justice, the Department of
Transportation, or a law enforcement or security officer. It would not
apply to any disclosure made with the knowledge that the disclosure was
untrue.
This immunity provision is modeled after the Year 2000 Information and
Readiness Disclosure Act, co-sponsored by Leahy, which shielded companies
from liability in exchange for information thought to be important to
safeguarding the nation’s technology infrastructure against Y2K-related
problems. Leahy’s airline safety amendment, endorsed by the U.S. Chamber
of Commerce, would provide similar protection against civil suits for
those who share information about threats to aircraft or passenger safety.
