[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2440 Engrossed in Senate (ES)]
106th CONGRESS
2d Session
S. 2440
_______________________________________________________________________
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,
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.--Within 12 months
after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall, in consultation with the Office
of Personnel Management and the Federal Bureau of Investigation,
develop the pilot program for individual criminal history record
checks, known as the electronic fingerprint transmission pilot project,
into an aviation industry-wide program.
(b) Application of Expanded Program.--Beginning 1 year after the
date of enactment of this Act, the Administrator shall utilize the
program described in subsection (a) to carry out section 44936 of title
49, United States Code, for individuals described in subsection
(a)(1)(A), (a)(1)(B)(i), or (a)(1)(B)(ii) of that section. If the
Administrator determines that the program is not sufficiently
operational 1 year after the date of enactment of this Act to permit
its utilization in accordance with subsection (a), the Administrator
shall notify the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure of the determination.
(c) Changes in Existing Requirements.--Section 44936(a)(1) of title
49, United States Code is amended--
(1) by striking ``conducted, as the Administrator decides
is necessary to ensure air transportation security, of'' in
subparagraph (A) and inserting ``conducted of''; and
(2) by striking ``subparagraph (C))'' in subparagraph (B)
and inserting ``subparagraph (D))'';
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E);
(4) by inserting after subparagraph (B) the following:
``(C) A criminal history record check shall be
conducted for every individual who applies for a
position described in subparagraph (A) or in
subparagraph (B)(i) or (ii) after the date of enactment
of the Airport Security Improvement Act of 2000. For
the 12-month period beginning on the date of enactment
of that Act, an individual described in the preceding
sentence may be employed in such a position before the
check is completed if the individual is subject to
supervision except in a case described in clause (i),
(ii), (iii), (iv), or (v) of subparagraph (D). After
that 12-month period, such an individual may not be so
employed until the check is completed.'';
(5) by striking ``subparagraph (C),'' in subparagraph (E),
as redesignated, and inserting ``subparagraph (D),''; and
(6) by striking ``as a screener'' in subparagraph (E), as
redesignated, and inserting ``in the position for which the
individual applied''.
(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) by inserting ``or felony unarmed'' after ``armed'' in
clause (xi);
(3) by striking ``or'' after the semicolon in clause (xii);
(4) by redesignating clause (xiii) as clause (xv) and
inserting after clause (xii) the following:
``(xiii) 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; or
``(VIII) bribery; or''; and
(5) by striking ``clauses (i)-(xii) of this paragraph.'' in
clause (xv), as redesignated, and inserting ``clauses (i)
through (xiv) of this subparagraph.''.
SEC. 3. IMPROVED TRAINING.
(a) Completion of Rulemaking on Certification of Aviation Screening
Companies.--
(1) Interim rule.--No later than 30 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue as an interim final rule
the proposed rule on Certification of Screening Companies
published in the Federal Register for January 5, 2000. For
purposes of the interim final rule, the analyses and
documentation prepared for the proposed rules are deemed to
meet the requirements of chapter 5 of title 5, United States
Code, applicable to rulemaking and any other procedural
requirement imposed by law on rulemaking.
(2) Final rule.--No later than May 31, 2001, the
Administrator shall issue a final rule on the Certification of
Screening Companies, after taking into account any comments
received on the proposed rule issued as an interim final rule
under paragraph (1).
(b) Minimum Instructional Standards for Screeners.--Section 44935
of title 49, United States Code, is amended by adding at the end
thereof the following:
``(e) Training Standards for Screeners.--
``(1) In general.--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 of this title.
``(2) Classroom equivalency.--The successful completion of
a program certified by the Administrator as a program that will
train individuals to a level of proficiency meets the classroom
instruction requirement of paragraph (1).
``(3) On-the-job training.--In addition to the requirements
of paragraph (1), before an individual may exercise independent
judgment as a security screener under section 44901 of this
title the individual shall--
``(A) complete 40 hours of on-the-job training; and
``(B) successfully complete an on-the-job training
examination prescribed by the Administrator.''.
(c) Computer-Based Training Facilities.--Section 4935 of title 49,
United States Code, as amended by subsection (b) is further amended by
adding at the end thereof 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 be 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--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g); and
(2) by inserting after subsection (d) thereof the
following:
``(e) 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, but are
not limited to, 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, 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 access control weaknesses by September 30,
2000;
``(B) require airport operators and air carriers to
develop and implement comprehensive and recurring
training programs that teach employees their role 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--
``(i) to develop and implement programs
that foster and reward compliance with access
control requirements, and discourage and
penalize noncompliance in accordance with
guidelines issued by the Administrator to
measure employee compliance; and
(ii) to enforce individual compliance
requirements under Administration oversight;
``(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
Administration security database to ensure its
efficiency, reliability, and usefulness for
identification of systemic problems and allocation of
resources;
``(F) improve the execution of the Administration's
quality control program by September 30, 2000; 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
September 30, 2000.''.
SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.
In order to ensure physical security at Federal Aviation
Administration facilities that house air traffic control systems, the
Administrator shall--
(1) correct identified physical security weaknesses
at inspected facilities so these air traffic control
facilities can be granted physical security
accreditation as expeditiously as possible, but no
later than April 30, 2001; and
(2) ensure that annual or triennial follow-up
inspections are conducted, deficiencies are promptly
corrected, and accreditation is kept current for all
air traffic control facilities.
SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.
The Administrator of the Federal Aviation Administration shall
immediately begin to increase gradually the random selection factor
embedded in the Administration's Commuter-Assisted Passenger
Prescreening System at airports where bulk explosive detection
equipment is being used.
SEC. 7. TECHNICAL AMENDMENT TO TITLE 49.
Section 106(p)(2) is amended by striking ``15'' and inserting
``18''.
Passed the Senate October 3 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2440
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to improve airport security.