[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2440 Enrolled Bill (ENR)]
S.2440
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend title 49, United States Code, to improve airport security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Airport Security Improvement Act of
2000''.

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(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)''.

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(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.''.

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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.''.

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(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.

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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.''.

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(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 the item relating to section
745 and inserting the following:
``Sec. 745. Airport noise study.''.

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(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 of
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.''.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Airport Security Improvement Act of 2000 — S. 2440

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