(Sec. 2) Amends Federal aviation law to require that a criminal history record check (fingerprint check) be done for any individual applying for a position as a security screener, a screener supervisor, or that will allow unescorted access to an aircraft or a secured area of an airport. Allows such persons during the first three years to work temporarily without a fingerprint check (provided such fingerprints have been submitted and an employment investigation has found no cause for suspicion) for 45 days during the first two years of such three year period, and for 30 days during the third year of such period. Requires all new employees, after the temporary periods, to have a fingerprint check before beginning work. Declares that an employment investigation shall not be required for an individual if a criminal history record check is completed before the individual begins working. Sets forth specified exceptions to the requirements of this Act.
Lists additional crimes in the past ten years preceding an employment investigation for which an individual will be barred from employment in a position as a security screener or a position that will allow unescorted access.
(Sec. 3) Directs the Administrator to issue a final rule on the certification of screening companies.
Establishes new minimum standards for the training of security screeners.
Directs the Administrator to work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport are conveniently located and easily accessible.
(Sec. 4) Requires each airport operator, air carrier, and security screening company to include a list of sanctions published by the Administrator in its security program for use as guidelines in the discipline of its employees for infractions of airport access control requirements. Requires the Administrator to work with airport operators and air carriers to improve airport access controls by January 31, 2001.
(Sec. 5) Directs the Administrator to take certain actions to ensure physical security at FAA staffed facilities that house air traffic control systems. Requires the Administrator to report to specified congressional committees on progress 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) Directs the Administrator to issue an amendment to air carrier security programs to require a manual process which will increase the number of checked bags that are selected for screening by explosive detection systems.
(Sec. 7) Amends the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century to require the Secretary of Transportation to enter into an agreement with the National Academy of Sciences (currently, the General Accounting Office) to conduct a certain airport noise study. Requires the National Academy of Sciences to report the results of such study to the Secretary.
Authorizes appropriations.
(Sec. 8) Revises the total number of members of the Federal Aviation Management Advisory Council.
[106th Congress Public Law 528]
[From the U.S. Government Publishing Office]
<DOC>
[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:
---------------------------------------------------------------------------
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.
<all>
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S9770-9772; text: CR S9770-9771)
Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on Transportation and Infrastructure.
Mr. LaTourette moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H10523-10527)
DEBATE - The House proceeded with forty minutes of debate on S. 2440.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H10523-10525)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H10523-10525)
Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendment to Senate bill.
Enacted as Public Law 106-528
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Resolving differences -- Senate actions: Senate agreed to the House amendment by Unanimous Consent.(consideration: CR S11007-11009; text as Senate agreed to House amendment: CR S11007-11009)
Senate agreed to the House amendment by Unanimous Consent. (consideration: CR S11007-11009; text as Senate agreed to House amendment: CR S11007-11009)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 106-528.
Became Public Law No: 106-528.