[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