[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2440 Reported in Senate (RS)]






                                                       Calendar No. 764
106th CONGRESS
  2d Session
                                S. 2440

                          [Report No. 106-388]

  To amend title 49, United States Code, to improve airport security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2000

 Mrs. Hutchison (for herself, Mr. McCain, Mr. Gorton, Mr. Inouye, Mr. 
  Rockefeller, Mr. Bryan, and Mr. Grassley) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                            August 25, 2000

 Reported under authority of the order of the Senate of July 26, 2000, 
     by Mr. McCain, with an amendment in the nature of a substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Airport Security 
Improvement Act of 2000''.</DELETED>

<DELETED>SEC. 2. CRIMINAL BACKGROUND CHECKS.</DELETED>

<DELETED>    (a) Expansion of Coverage.--Section 44936(a)(1) of title 
49, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``check in any case described in 
        subparagraph (C))'' in subparagraph (B) and inserting 
        ``check)'';</DELETED>
        <DELETED>    (2) by striking subparagraph (C);</DELETED>
        <DELETED>    (3) by striking ``check under subparagraph (C),'' 
        in subparagraph (D) and inserting ``check,''.</DELETED>
<DELETED>    (b) Checks To Be Made Expeditiously.--Section 44936(a) of 
that title is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(4) The Administrator shall provide by 
        regulation that criminal background checks under this 
        subsection are to be done expeditiously.''.</DELETED>

<DELETED>SEC. 3. IMPROVED TRAINING.</DELETED>

<DELETED>    (a) Completion of Uniform Performance Standards for 
Screener Training.--The Administrator of the Federal Aviation 
Administration shall complete the development of uniform performance 
standards for providing security screening services, required by 
section 302 of the Federal Aviation Reauthorization Act of 1996, by 
September 30, 2000.</DELETED>
<DELETED>    (b) Minimum Instructional Standards for Screeners.--
Section 44935 of title 49, United States Code, is amended by adding at 
the end thereof the following:</DELETED>
<DELETED>    ``(e) Training Standards for Screeners.--The Administrator 
shall prescribe minimum standards for training security screeners that 
include at least 40 hours of classroom instruction and at least 40 
hours of practical training before an individual is qualified to 
provide security screening services at an airport regulated under this 
subchapter.''.</DELETED>
<DELETED>    (c) Computer-based Training Facilities.--Section 44935 of 
title 49, United States Code, as amended by subsection (b) is further 
amended by adding at the end thereof the following:</DELETED>
<DELETED>    ``(f) Accessibility of Computer-based Training 
Facilities.--The Administrator shall by regulation require that 
computer-based training facilities intended for use at a hub airport 
(as defined in section 41731) be conveniently located for that airport 
and easily accessible.''.</DELETED>

<DELETED>SEC. 4. IMPROVING SECURED AREA ACCESS CONTROL.</DELETED>

<DELETED>    Section 44904 of title 49, United States Code, is amended 
by adding at the end thereof the following:</DELETED>
<DELETED>    ``(d) Improvement of Secured-area Access Control.--
</DELETED>
        <DELETED>    ``(1) Enforcement. The Administrator shall enforce 
        compliance with airport access control requirements, 
        including--</DELETED>
                <DELETED>    ``(A) suspending, or requiring the 
                suspension of, employees who fail to comply with those 
                requirements, with or without pay, for such periods of 
                time as the Administrator may determine appropriate; 
                and</DELETED>
                <DELETED>    ``(B) the imposition of penalties provided 
                for by section 46301.</DELETED>
        <DELETED>    ``(2) Improvements. The Administrator shall--
        </DELETED>
                <DELETED>    ``(A) work with airport operators and air 
                carriers to implement and strengthen existing controls 
                to eliminate access control weaknesses by September 30, 
                2000;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) require airport operators and air 
                carriers--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) to enforce individual 
                        compliance requirements under Administration 
                        over-sight;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(F) improve the execution of the 
                Administration's quality control program by September 
                30, 2000; and</DELETED>
                <DELETED>    ``(G) require airport operators and air 
                carriers to stenghten access control points in secured 
                areas (including air traffic control operations areas) 
                to ensure the security of passengers and aircraft by 
                September 30, 2000.''.</DELETED>

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''.
                                                       Calendar No. 764

106th CONGRESS

  2d Session

                                S. 2440

                          [Report No. 106-388]

_______________________________________________________________________

                                 A BILL

  To amend title 49, United States Code, to improve airport security.

_______________________________________________________________________

                            August 25, 2000

        Reported with an amendment in the nature of a substitute