Text: S.2440 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-528 (11/22/2000)

 
[106th Congress Public Law 528]
[From the U.S. Government Printing Office]


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[DOCID: f:publ528.106]


[[Page 114 STAT. 2517]]

Public Law 106-528
106th Congress

                                 An Act


 
       To amend title 49, United States Code, to improve airport 
             security. <<NOTE: Nov. 22, 2000 -  [S. 2440]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Airport Security 
Improvement Act of 2000.>> assembled,

SECTION 1. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.

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

SEC. 2. <<NOTE: Deadlines.>> CRIMINAL HISTORY RECORD CHECKS.

    (a) Expansion <<NOTE: 49 USC 44936 note.>> 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 <<NOTE: 49 USC 44936 note.>> 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,'';

[[Page 114 STAT. 2518]]

            (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);

[[Page 114 STAT. 2519]]

            (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 <<NOTE: Deadline. Notification.>> 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

[[Page 114 STAT. 2520]]

                    ``(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, <<NOTE: 49 USC 44935.>> 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 <<NOTE: Federal Register, 
                publication.>> 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 <<NOTE: Deadlines.>> 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

[[Page 114 STAT. 2521]]

                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. <<NOTE: Deadline. 49 USC 44903 note.>> 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--

[[Page 114 STAT. 2522]]

            (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 <<NOTE: Deadline.>> 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.''.

SEC. 8. TECHNICAL AMENDMENTS.

    (a) Federal Aviation Management Advisory Council.--Section 106(p)(2) 
is <<NOTE: 49 USC 106.>> 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:

[[Page 114 STAT. 2523]]

            ``(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. <<NOTE: 49 USC 106 note.>> 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.

    Approved November 22, 2000.

LEGISLATIVE HISTORY--S. 2440:
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SENATE REPORTS: No. 106-388 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 3, considered and passed Senate.
            Oct. 23, considered and passed House, amended.
            Oct. 25, Senate concurred in House amendment.

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