[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2440 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
October 23, 2000.
Resolved, That the bill from the Senate (S. 2440) entitled ``An Act to amend
title 49, United States Code, to improve airport security'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
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
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 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.
Attest:
Clerk.
106th CONGRESS
2d Session
S. 2440
_______________________________________________________________________
AMENDMENT