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[Senate Report 106-388]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 764
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-388
_______________________________________________________________________

  

               AIRPORT SECURITY IMPROVEMENT ACT OF 2000

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                    on

                                S. 2440

                                     

                August 25, 2000.--Ordered to be printed
   Filed under authority of the order of the Senate of July 26, 2000

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
                           WASHINGTON : 2000

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred sixth congress

                             second session

                     JOHN McCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             JOHN D. ROCKEFELLER IV, West 
TRENT LOTT, Mississippi              Virginia
KAY BAILEY HUTCHISON, Texas          JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine                 JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri              RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee                BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan            RON WYDEN, Oregon
SAM BROWNBACK, Kansas                MAX CLELAND, Georgia

                       Mark Buse, Staff Director

                   Ann H. Choiniere, General Counsel

               Kevin D. Kayes, Democratic Staff Director

                  Moses Boyd, Democratic Chief Counsel

                Gregg Elias, Democratic General Counsel

                                  (ii)
                                                       Calendar No. 764
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-388

======================================================================

 
                AIRPORT SECURITY IMPROVEMENT ACT OF 2000

                                _______
                                

                August 25, 2000.--Ordered to be printed

   Filed under authority of the order of the Senate of July 26, 2000

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2440]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2440) ``A Bill to amend title 
49, United States Code, to improve airport security'', having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of the Airport Security Improvement Act, S. 2440, 
is to improve aviation security throughout the United States.

               Background and Needs Background and Needs

  Screening checkpoints and the screeners who operate them are 
a key line of defense against the introduction of dangerous 
objects and individuals into the aviation system. According to 
the General Accounting Office (GAO), more than two million 
passengers and their baggage must be checked each day for 
weapons, explosives, or other dangerous articles that could 
pose a threat to the safety of an aircraft and those aboard it. 
The FAA and air carriers share this responsibility. The FAA 
prescribes screening regulations and establishes basic 
standards for screeners, equipment, and procedures to be used. 
The air carriers are responsible for screening passengers and 
their baggage before they are permitted onto an aircraft.
  Screeners at checkpoints use metal detectors, X-ray machines, 
and physical bag searches to identify dangerous objects. Some 
screeners use explosive detection systems (EDS) to identify 
bulk explosives contained in checked baggage. It can be a 
difficult, stressful, yet monotonous job, requiring sustained 
attention to the task of identifying faint indications of 
infrequently appearing targets, which are at times difficult to 
detect. While eight hours of classroom training is typical for 
screeners in the U.S., a 40-hour requirement is the prevailing 
standard in the industrialized world. Airlines usually contract 
with private companies to handle the screening function in 
their concourse at an airport. A related problem associated 
with screeners is the high rate of turnover among employees. 
According to the GAO, between May 1998 and April 1999, turnover 
averaged 126 percent at the nation's 19 largest airports. One 
of these airports reported a turnover rate of 416 percent.
  One of the key ways to improve screener performance is to 
require the certification of screening companies. Certification 
was mandated by section 302 of the 1996 FAA reauthorization act 
(P.L. 104-264). On January 5, 2000, the FAA issued a Notice of 
Proposed Rulemaking on the certification of screening companies 
pursuant to the legislative mandate. The certification of 
screening companies is designed to bring about important 
changes in the way air carriers and contractors conduct 
screening. It is hoped that this rule will professionalize the 
screener workforce, improve performance, reduce high turnover, 
and possibly lead to better pay and benefits for the screeners.
  Airport access control has been, and continues to be, an area 
of concern due to the increased threat to U.S. airport 
facilities and aircraft. During late 1998 and early 1999, 
personnel from the Department of Transportation's Office of 
Inspector General (IG) successfully accessed secure areas in 68 
percent of their tests at eight major U.S. airports. Once IG 
personnel entered secure areas, they boarded aircraft 117 
times. According to the IG, the majority of the aircraft 
boardings would not have occurred if employees had taken the 
prescribed steps, such as making sure doors closed behind them.

                          Legislative History

  On April 6, 2000, the Aviation Subcommittee held a hearing on 
aviation security. Representatives from the FAA, GAO, IG, and 
the major airlines testified about the current state of 
aviation security in the U.S. Prior to the hearing, there was a 
closed briefing for Committee Members and staff by the FAA and 
the GAO about the level of the threat to civil aviation and the 
failures of current screening methods.
  Senator Hutchison introduced S. 2440 on April 13, 2000. The 
bill was cosponsored by Senators McCain, Gorton, Inouye, 
Rockefeller, and Bryan. On June 15, 2000, the Committee, 
without objection, ordered S. 2440 reported with an amendment 
in the nature of a substitute, which was offered by Senator 
Hutchison and cosponsored by Senators McCain, Hollings, 
Rockefeller, Inouye, Bryan, and Dorgan.

                            Estimated Costs

  In accordance with paragraph 11(a)(3) of rule XXVI of the 
Standing Rules of the Senate, the Committee states that, in its 
opinion, it is necessary to dispense with the requirements of 
subsection (a)(1) of that paragraph in order to expedite the 
business of the Senate.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

  Section 2 will subject all air carriers, and all new security 
screeners and their supervisors, to the additional regulations 
associated with the new requirement that all security screeners 
and supervisors undergo criminal history records checks. The 
expansion of the list of criminal convictions that disqualify a 
person from being a screener or supervisor, or from having 
access to secure airport areas, may cause a few individuals to 
be removed from their jobs or prevent others from being hired. 
However, the number of people affected (convicted felons) will 
be few, and such actions will be taken to increase air travel 
security.
  Because section 3, which requires improved training of 
security screeners, mirrors a pending FAA rulemaking, no 
additional persons should be subject to regulation under this 
provision. This section would merely accelerate the time when 
the new regulations would be applied.
  Under section 4, all air carriers, security screening 
companies, and certificated airports would be subject to the 
requirement of including a list of sanctions (for employee 
security infractions) in each of their security programs. 
Flowing from that requirement, all airline, screening, and 
airport personnel will be held individually responsible for 
security infractions rather than just the employers being held 
responsible. It should be noted, however, that such employees 
are already likely to face some level of discipline for serious 
security-related infractions. All airports and air carriers 
will be required to develop and implement training programs on 
aviation security and programs that foster compliance with 
access control requirements.
  Section 6, consistent with FAA regulatory actions, will lead 
to more passengers having their checked bags selected randomly 
for screening by EDS machines. Most of these passengers will 
probably not be aware that their bags require such screening, 
unless there are indications of a suspicious object and the 
passenger must be present when his or her bag is opened.

                            economic impact

  Section 2 will cause airports, and possibly air carriers, to 
incur the costs of purchasing fingerprint scanning equipment. 
These costs should be more than offset by the reduction in 
administrative and other costs that are associated with the 
current criminal history records check system and procedures. 
Airlines will have to bear the small financial burden 
(currently less than $30 per applicant) associated with 
fingerprint processing by the Federal Bureau of Investigation 
for criminal history records checks on new employees.
  Because section 3 mirrors a pending FAA rulemaking, no 
additional economic impact should result from this provision. 
This section would merely accelerate the time when the new 
regulations would be applied.
  Under section 4, airline and airport employees who violate 
airport access control requirements will be subject to 
sanctions that may have an economic impact, especially if the 
employee is fined, suspended without pay, or dismissed. 
Implementation of aviation security training and related 
programs will impose moderate additional costs on the airlines 
and airports.
  Section 6 may lead to modest economic costs for the airlines 
that are required to change software to increase the random 
selection factor under the Computer-Assisted Passenger 
Prescreening System (CAPPS) program. Again, however, this 
measure is consistent with ongoing efforts to increase 
security.

                                privacy

  Within the air transportation system, the overriding need to 
ensure safety and security has long been settled with respect 
to travelers' expectations of privacy. More passengers will 
have their checked bags screened by EDS machines under section 
6. A small number of airline passengers may be subject to 
having their bags opened by security personnel if EDS machines 
detect suspicious objects. Passengers are already aware that 
their bags could be checked for security reasons.

                               paperwork

  Under section 2, air carriers, the FAA, the Federal Bureau of 
Investigation, and the federal Office of Personnel Management 
will have additional paperwork associated with conducting 
criminal history records checks on screener applicants, but the 
automation brought about by expansion of the pilot program 
should keep that to a minimum. Airport industry representatives 
believe that expansion of the fingerprint check automation 
pilot program will result in a considerable reduction in 
paperwork for airports given the burdens of the current 
process.
  Because section 3 mirrors a pending FAA rulemaking, no 
additional paperwork should result from this provision. This 
section would merely accelerate the time when the new 
regulations would be applied.
  Under section 4, there would be an additional paperwork 
burden associated with the requirement for the FAA to publish 
sanctions guidelines for airport, airline and screening company 
employees who violate airport access rules. Additional 
paperwork will also be involved in the requirement for airlines 
and airports to develop aviation security programs and 
training.
  There may be a minimal amount of additional paperwork 
associated with changing CAPPS software to increase the random 
selection factor for passengers at airports where EDS machines 
are in use.

                      Summary of Major Provisions

  S. 2440, as reported, would do the following: require 
criminal history records checks for all baggage and security 
checkpoint screeners; expand the list of criminal convictions 
that disqualify an individual from being employed as a security 
screener; increase the amount of classroom and on-the-job 
training required of airline security screeners; require the 
FAA to work with air carriers and airport operators to 
strengthen procedures to prevent unauthorized access to 
aircraft; hold security personnel individually responsible for 
security lapses through progressive disciplinary measures; 
require the FAA to improve security at its own air traffic 
control facilities; and increase random screening of checked 
bags for explosives.

                      Section-by-section Analysis

SECTION 1. SHORT TITLE.

  Section 1 establishes the title of the bill as the ``Airport 
Security Improvement Act of 2000.''

SEC. 2. CRIMINAL HISTORY RECORDS CHECKS.

  Section 2 would require the FAA to expand and accelerate the 
current pilot program known as the Electronic Fingerprint 
Transmission Pilot. This automation pilot program has shown 
great promise in shortening the turnaround time for conducting 
criminal history record checks. Currently, these checks, which 
involve fingerprints taken with ink, can take two weeks or 
more. Early indications are that an automated program, which 
electronically scans fingerprints, will shorten that turnaround 
time to about three days. The FAA would be required to have a 
fully expanded program in place within one year of enactment of 
the bill.
  Section 2 would also amend current law by expanding the 
circumstances under which a criminal history record check must 
be performed on an individual seeking a position as a security 
screener or supervisor of screeners. At present, the law 
requires a criminal history records check to be performed 
when--
          (1) there is a 12-month gap in employment;
          (2) the job applicant cannot support certain 
        statements made on an application;
          (3) there are inconsistencies in the application; or
          (4) there is other information indicating that the 
        applicant may have been convicted of a crime that would 
        disqualify him or her from employment as a screener. 49 
        U.S.C. 44936(a).
The current laws and rules regarding employment investigations 
and criminal history background checks were developed when such 
paperwork-intensive reviews consumed considerable amounts of 
time. The changes proposed in this bill are made possible by 
recent developments in technology and automation, such as 
electronic fingerprint scanning and transmission.
  Section 2 would require all future applicants for the 
positions of security screener or supervisor of screeners to 
undergo criminal history records checks. Anyone seeking a job 
that gives them unescorted access to secure airport areas would 
also be required to undergo such a check. An applicant for a 
job as screener or screener supervisor would be allowed to work 
in his or her position until the check is completed, except in 
any case where--
          (1) there is a 12-month gap in employment;
          (2) the job applicant cannot support certain 
        statements made on an application;
          (3) there are inconsistencies in the application; or
          (4) there is other information indicating that the 
        applicant may have been convicted of a crime that would 
        disqualify him or her from employment as a screener.
One year after enactment of the bill, criminal history records 
checks would be required before a person could be employed as a 
screener or supervisor.
  Section 2 would also expand the statutory list of criminal 
convictions that disqualify individuals from employment as 
security screeners or supervisors, or jobs that require the 
person to have unescorted access privileges to secure airport 
areas. This expansion is made pursuant to a recommendation by 
the IG.
  Ensuring that employees with access to secure areas of an 
airport are trustworthy is one critical aspect of airport 
access. Federal Bureau of Investigation criminal history record 
checks on screeners are currently only required in certain 
cases, such as when there is an unexplained gap of employment 
of 12 months or more. According to the Department of Justice, 
however, 43 percent of violent felony convictions resulted in 
probation or an average jail time of just seven months. When 
the current requirements were proposed in 1992, processing 
fingerprints and performing the criminal history records check 
took up to 90 days. As already mentioned, developing technology 
is expected to allow this process to be completed in only a few 
days, and airport operators and the FAA both agree the 
requirements need to be revised.

SEC. 3. IMPROVED TRAINING.

  Section 3 requires the FAA to improve training requirements 
for security screeners in two ways. Subsection (a) would 
require the FAA to issue, within 30 days of enactment of the 
bill, its proposed rule on the certification of screening 
companies as an interim final rule. The final rule would be 
issued no later than May 31, 2001, and would take into account 
any comments received from the public.
  Subsection (b) would require security screeners to receive at 
least 40 hours of classroom training and 40 hours of practical 
on-the-job training before becoming qualified to provide 
security screening services. A screener would be allowed to 
undergo fewer than 40 hours of classroom training, but only if 
the screening company's classroom program has been certified by 
the FAA to train individuals to a level of proficiency. This 
subsection also includes a requirement that screeners 
successfully complete an on-the-job training examination.
  This section would also require that computer-based training 
facilities for security screeners be conveniently located at 
larger airports.

SEC. 4. IMPROVING SECURE AREA ACCESS CONTROL.

  Section 4 would require the FAA to work in a variety of ways 
with air carriers and airport operators to strengthen 
procedures to eliminate unauthorized access to aircraft and 
other secure areas at airports. With respect to employee 
discipline for violations of airport access rules, this section 
would require the FAA to establish guidelines for a progressive 
disciplinary approach that keeps punishment in proportion to 
the severity or recurring nature of infractions. The FAA should 
consult with the air carriers and the airports to ensure that 
employees are not subject to sanctions from more than one party 
for the same infraction. It should be noted that the FAA plans 
to issue regulations in 2000 making individuals directly 
accountable to the FAA for noncompliance with access control 
requirements.
  It is the intent of the Committee that discipline imposed on 
employees for security breaches should be meaningful. One lapse 
could lead to the loss of life, and employees must realize 
there are significant impacts when not enough attention is paid 
to security measures. But the Committee realizes that employees 
must be focused on their assigned jobs, which can have an 
effect on flight safety. Employee sanctions should be clear and 
strong, but imposed in proportion to the potential impact of 
the lapse. A serious violation should involve serious 
discipline.

SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.

  Section 5 would require the FAA to improve physical security 
at its own facilities that house air traffic control systems. 
This new provision is based upon recommendations made by the 
GAO.

SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.

  Section 6 would require the FAA to increase gradually the 
random selection factor embedded in the Computer-Assisted 
Passenger Prescreening System (CAPPS) at airports where EDS 
equipment is being used.
  Because of the limitations of EDS technology (primarily in 
terms of the number of bags that can be scanned in a given 
period of time), the CAPPS system has been developed to reduce 
the number of passengers whose checked bags need to be 
screened. Using CAPPS, all passengers continue to walk through 
the metal detectors and have their carry-on luggage screened. 
But only those who fit the profile are subject to higher levels 
of scrutiny, including having their checked bags screened by 
EDS machines. The FAA has announced a goal of requiring all 
checked baggage to be screened for explosives by 2009. The IG 
has found, however, that currently deployed EDS machines are 
being significantly underutilized. In order to increase 
utilization of EDSs and as a way to smooth transition to 100 
percent screening, the IG has recommended that the number of 
randomly screened bags should be increased over time.

SEC. 7. TECHNICAL AMENDMENT TO TITLE 49.

  Section 7 would make a purely technical correction to the law 
regarding the FAA's Management Advisory Council (MAC). The 
recent FAA reauthorization act (P.L. 106-181) expanded the size 
of the MAC from 15 to 18 members. A cross reference in the U.S. 
Code was not made to reflect this change, however. The law now 
says that there is a 15-member MAC and then proceeds to 
describe the 18 members on it. 49 U.S.C. 106(p)(2). This 
provision would correct that inconsistency.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                        TITLE 49. TRANSPORTATION

                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION

Sec.  106. Federal Aviation Administration

  (a) The Federal Aviation Administration is an administration 
in the Department of Transportation.
  (b) The head of the Administration is the Administrator. The 
Administration has a Deputy Administrator. They are appointed 
by the President, by and with the advice and consent of the 
Senate. When making an appointment, the President shall 
consider the fitness of the individual to carry out efficiently 
the duties and powers of the office. Except as provided in 
subsection (f) or in other provisions of law, the Administrator 
reports directly to the Secretary of Transportation. The term 
of office for any individual appointed as Administrator after 
August 23, 1994, shall be 5 years.
  (c) The administrator must--
          (1) be a citizen of the United States;
          (2) be a civilian; and
          (3) have experience in a field directly related to 
        aviation.
  (d)(1) The Deputy Administrator must be a citizen of the 
United States and have experience in a field directly related 
to aviation. An officer on active duty in an armed force may be 
appointed as Deputy Administrator. However, if the 
Administrator is a former regular officer of an armed force, 
the Deputy Administrator may not be an officer on active duty 
in an armed force, a retired regular officer of an armed force, 
or a former regular officer of an armed force.
  (2) An officer on active duty or a retired officer serving as 
Deputy Administrator is entitled to hold a rank and grade not 
lower than that held when appointed as Deputy Administrator. 
The Deputy Administrator may elect to receive--
                  (A) the pay provided by law for the Deputy 
                Administrator; or
                  (B) the pay and allowances or the retired pay 
                of the military grade held. If the Deputy 
                Administrator elects to receive the military 
                pay and allowances or retired pay, the 
                Administration shall reimburse the appropriate 
                military department from funds available for 
                the expenses of the Administration.
  (3) The appointment and service of a member of the armed 
forces as a Deputy Administrator does not affect the status, 
office, rank, or grade held by that member, or a right or 
benefit arising from the status, office, rank, or grade. The 
Secretary of a military department does not control the member 
when the member is carrying out duties and powers of the Deputy 
Administrator.
  (e) The Administrator and the Deputy Administrator may not 
have a pecuniary interest in, or own stock in or bonds of, an 
aeronautical enterprise, or engage in another business, 
vocation, or employment.
  (f) Authority of the Secretary and the Administrator.--
          (1) Authority of the Secretary. Except as provided in 
        paragraph (2), the Secretary of Transportation shall 
        carry out the duties and powers, and controls the 
        personnel and activities, of the Administration. 
        Neither the Secretary nor the Administrator may submit 
        decisions for the approval of, or be bound by the 
        decisions or recommendations of, a committee, board, or 
        organization established by executive order.
          (2) Authority of the administrator.--The 
        Administrator--
                  (A) is the final authority for carrying out 
                all functions, powers, and duties of the 
                Administration relating to--
                          (i) the appointment and employment of 
                        all officers and employees of the 
                        Administration (other than Presidential 
                        and political appointees);
                          (ii) the acquisition and maintenance 
                        of property and equipment of the 
                        Administration;
                          (iii) except as otherwise provided in 
                        paragraph (3), the promulgation of 
                        regulations, rules, orders, circulars, 
                        bulletins, and other official 
                        publications of the Administration; and
                          (iv) any obligation imposed on the 
                        Administrator, or power conferred on 
                        the Administrator, by the Air Traffic 
                        Management System Performance 
                        Improvement Act of 1996 (or any 
                        amendment made by that Act);
                  (B) shall offer advice and counsel to the 
                President with respect to the appointment and 
                qualifications of any officer or employee of 
                the Administration to be appointed by the 
                President or as a political appointee;
                  (C) may delegate, and authorize successive 
                redelegations of, to an officer or employee of 
                the Administration any function, power, or duty 
                conferred upon the Administrator, unless such 
                delegation is prohibited by law; and
                  (D) except as otherwise provided for in this 
                title, and notwithstanding any other provision 
                of law, shall not be required to coordinate, 
                submit for approval or concurrence, or seek the 
                advice or views of the Secretary or any other 
                officer or employee of the Department of 
                Transportation on any matter with respect to 
                which the Administrator is the final authority.
            (3) Regulations.--
                    (A) In general.--In the performance of the 
                functions of the Administrator and the 
                Administration, the Administrator is authorized 
                to issue, rescind, and revise such regulations 
                as are necessary to carry out those functions. 
                The issuance of such regulations shall be 
                governed by the provisions of chapter 5 of 
                title 5 . The Administrator shall act upon all 
                petitions for rulemaking no later than 6 months 
                after the date such petitions are filed by 
                dismissing such petitions, by informing the 
                petitioner of an intention to dismiss, or by 
                issuing a notice of proposed rulemaking or 
                advanced notice of proposed rulemaking. The 
                Administrator shall issue a final regulation, 
                or take other final action, not later than 16 
                months after the last day of the public comment 
                period for the regulations or, in the case of 
                an advanced notice of proposed rulemaking, if 
                issued, not later than 24 months after the date 
                of publication in the Federal Register of 
                notice of the proposed rulemaking. On February 
                1 and August 1 of each year the Administrator 
                shall submit to the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate a 
                letter listing each deadline the Administrator 
                missed under this subparagraph during the 6-
                month period ending on such date, including an 
                explanation for missing the deadline and a 
                projected date on which the action that was 
                subject to the deadline will be taken.
                  (B) Approval of Secretary of 
                Transportation.--
                          (i) The Administrator may not issue a 
                        proposed regulation or final regulation 
                        that is likely to result in the 
                        expenditure by State, local, and tribal 
                        governments in the aggregate, or by the 
                        private sector, of $250,000,000 or more 
                        (adjusted annually for inflation 
                        beginning with the year following the 
                        date of the enactment of the Wendell H. 
                        Ford Aviation Investment and Reform Act 
                        for the 21st Century ) in any year, or 
                        any regulation which is significant, 
                        unless the Secretary of Transportation 
                        approves the issuance of the regulation 
                        in advance. For purposes of this 
                        paragraph, a regulation is significant 
                        if the Administrator, in consultation 
                        with the Secretary (as appropriate), 
                        determines that the regulation is 
                        likely to--
                                  (I) have an annual effect on 
                                the economy of $250,000,000 or 
                                more or adversely affect in a 
                                substantial material way the 
                                economy, a sector of the 
                                economy, productivity, 
                                competition, jobs, the 
                                environment, public health or 
                                safety, or State, local, or 
                                tribal governments or 
                                communities; or
                                  (II) raise novel or 
                                significant legal or policy 
                                issues arising out of legal 
                                mandates that may substantially 
                                and materially affect other 
                                transportation modes.
                                  (III), (IV)(ii) In an 
                                emergency, the Administrator 
                                may issue a regulation 
                                described in clause (i) without 
                                prior approval by the 
                                Secretary, but any such 
                                emergency regulation is subject 
                                to ratification by the 
                                Secretary after it is issued 
                                and shall be rescinded by the 
                                Administrator within 5 days 
                                (excluding Saturdays, Sundays, 
                                and legal public holidays) 
                                after issuance if the Secretary 
                                fails to ratify its issuance.
                                  (iii) Any regulation that 
                                does not meet the criteria of 
                                clause (i), and any regulation 
                                or other action that is a 
                                routine or frequent action or a 
                                procedural action, may be 
                                issued by the Administrator 
                                without review or approval by 
                                the Secretary.
                                  (iv) The Administrator shall 
                                submit a copy of any regulation 
                                requiring approval by the 
                                Secretary under clause (i) to 
                                the Secretary, who shall either 
                                approve it or return it to the 
                                Administrator with comments 
                                within 45 days after receiving 
                                it.
                  (C) Periodic review.--
                          (i) Beginning on the date which is 3 
                        years after the date of the enactment 
                        of the Air Traffic Management System 
                        Performance Improvement Act of 1996 , 
                        the Administrator shall review any 
                        unusually burdensome regulation issued 
                        by the Administrator after such date of 
                        enactment beginning not later than 3 
                        years after the effective date of the 
                        regulation to determine if the cost 
                        assumptions were accurate, the benefit 
                        of the regulations, and the need to 
                        continue such regulations in force in 
                        their present form.
                          (ii) The Administrator may identify 
                        for review under the criteria set forth 
                        in clause (i) unusually burdensome 
                        regulations that were issued before the 
                        date of the enactment of the Air 
                        Traffic Management System Performance 
                        Improvement Act of 1996 and that have 
                        been in force for more than 3 years.
                          (iii) For purposes of this 
                        subparagraph, the term ``unusually 
                        burdensome regulation'' means any 
                        regulation that results in the annual 
                        expenditure by State, local, and tribal 
                        governments in the aggregate, or by the 
                        private sector, of $25,000,000 or more 
                        (adjusted annually for inflation 
                        beginning with the year following the 
                        date of the enactment of the Air 
                        Traffic Management System Performance 
                        Act of 1996 ) in any year.
                          (iv) The periodic review of 
                        regulations may be performed by 
                        advisory committees and the Management 
                        Advisory Council established under 
                        subsection (p).
          (4) Definition of political appointee.--For purposes 
        of this subsection, the term ``political appointee'' 
        means any individual who--
                  (A) is employed in a position listed in 
                sections 5312 through 5316 of title 5 (relating 
                to the Executive Schedule);
                  (B) is a limited term appointee, limited 
                emergency appointee, or noncareer appointee in 
                the Senior Executive Service, as defined under 
                paragraphs (5), (6), and (7), respectively, of 
                section 3132(a) of title 5; or
                  (C) is employed in a position in the 
                executive branch of the Government of a 
                confidential or policy-determining character 
                under schedule C of subpart C of part 213 of 
                title 5 of the Code of Federal Regulations.
  (g) Duties and Powers of Administration.--
          (1) Except as provided in paragraph (2) of this 
        subsection, the Administrator shall carry out--
                  (A) duties and powers of the Secretary of 
                Transportation under subsection (f) of this 
                section related to aviation safety (except 
                those related to transportation, packaging, 
                marking, or description of hazardous material) 
                and stated in sections 308(b), 1132(c) and (d), 
                40101(c), 40103(b), 40106(a), 40108, 40109(b), 
                40113(a), 40113(c), 40113(d), 40113(e), 
                40114(a), and 40119, chapter 445 (except 
                sections 44501(b), 44502(a)(2), 44502(a)(3), 
                44502(a)(4), 44503, 44506, 44509, 44510, 44514, 
                and 44515), chapter 447 (except sections 44717, 
                44718(a), 44718(b), 44719, 44720, 44721(b), 
                44722, and 44723), chapter 449 (except sections 
                44903(d), 44904, 44905, 44907-44911, 44913, 
                44915, and 44931-44934), chapter 451 , chapter 
                453 , sections 46104, 46301(d) and (h)(2), 
                46303(c), 46304-46308, 46310, 46311, and 46313-
                46316, chapter 465 , and sections 47504(b) 
                (related to flight procedures), 47508(a), and 
                48107 of this title; and
                  (B) additional duties and powers prescribed 
                by the Secretary of Transportation. (2) In 
                carrying out sections 40119, 44901, 44903(a)-
                (c) and (e), 44906, 44912, 44935-44937, 
                44938(a) and (b), and 48107 of this title, 
                paragraph (1)(A) of this subsection does not 
                apply to duties and powers vested in the 
                Director of Intelligence and Security by 
                section 44931 of this title.
  (h) Section 40101(d) of this title applies to duties and 
powers specified in subsection (g)(1) of this section. Any of 
those duties and powers may be transferred to another part of 
the Department only when specifically provided by law or a 
reorganization plan submitted under chapter 9 of title 5 . A 
decision of the Administrator in carrying out those duties or 
powers is administratively final.
  (i) The Deputy Administrator shall carry out duties and 
powers prescribed by the Administrator. The Deputy 
Administrator acts for the Administrator when the Administrator 
is absent or unable to serve, or when the office of the 
Administrator is vacant.
  (j) There is established within the Federal Aviation 
Administration an institute to conduct civil aeromedical 
research under section 44507 of this title. Such institute 
shall be known as the ``Civil Aeromedical Institute''. Research 
conducted by the institute should take appropriate advantage of 
capabilities of other government agencies, universities, or the 
private sector.
  (k) Authorization of Appropriations for Operations.
          (1) In general.--There is authorized to be 
        appropriated to the Secretary of Transportation for 
        operations of the Administration--
                  (A) such sums as may be necessary for fiscal 
                year 2000;
                  (B) $6,592,235,000 for fiscal year 2001;
                  (C) $6,886,000,000 for fiscal year 2002; and
                  (D) $7,357,000,000 for fiscal year 2003.
          Such sums shall remain available until expended.
          (2) Authorized expenditures.--Out of amounts 
        appropriated under paragraph (1), the following 
        expenditures are authorized:
                  (A) $450,000 for each of fiscal years 2000 
                through 2003 for wildlife hazard mitigation 
                measures and management of the wildlife strike 
                database of the Federal Aviation 
                Administration.
                  (B) $9,100,000 for the 3-fiscal-year period 
                beginning with fiscal year 2001 to support a 
                university consortium established to provide an 
                air safety and security management certificate 
                program, working cooperatively with the Federal 
                Aviation Administration and United States air 
                carriers, except that funds under this 
                subparagraph--
                          (i) may not be used for the 
                        construction of a building or other 
                        facility; and
                          (ii) may only be awarded on the basis 
                        of open competition.
                  (C) Such sums as may be necessary for fiscal 
                years 2000 through 2003 to support 
                infrastructure systems development for both 
                general aviation and the vertical flight 
                industry.
                  (D) Such sums as may be necessary for fiscal 
                years 2000 through 2003 to establish helicopter 
                approach procedures using current technologies 
                (such as the Global Positioning System) to 
                support all-weather, emergency medical service 
                for trauma patients.
                  (E) Such sums as may be necessary for fiscal 
                years 2000 through 2003 to revise existing 
                terminal and en route procedures and instrument 
                flight rules to facilitate the takeoff, flight, 
                and landing of tiltrotor aircraft and to 
                improve the national airspace system by 
                separating such aircraft from congested flight 
                paths of fixed-wing aircraft.
                  (F) $3,300,000 for fiscal year 2000 and 
                $3,000,000 for each of fiscal years 2001 
                through 2003 to implement the 1998 airport 
                surface operations safety action plan of the 
                Federal Aviation Administration.
                  (G) $9,100,000 for fiscal year 2001 to 
                support air safety efforts through payment of 
                United States membership obligations in the 
                International Civil Aviation Organization, to 
                be paid as soon as practicable.
                  (H) Such sums as may be necessary for fiscal 
                years 2000 through 2003 for the Secretary to 
                hire additional inspectors in order to enhance 
                air cargo security programs.
                  (I) Such sums as may be necessary for fiscal 
                years 2000 through 2003 to develop and improve 
                training programs (including model training 
                programs and curriculum) for security screening 
                personnel at airports that will be used by 
                airlines to meet regulatory requirements 
                relating to the training and testing of such 
                personnel.
  (l) Personnel and Services.--
          (1) Officers and employees.--Except as provided in 
        subsections (a) and (g) of section 40122, the 
        Administrator is authorized, in the performance of the 
        functions of the Administrator, to appoint, transfer, 
        and fix the compensation of such officers and 
        employees, including attorneys, as may be necessary to 
        carry out the functions of the Administrator and the 
        Administration. In fixing compensation and benefits of 
        officers and employees, the Administrator shall not 
        engage in any type of bargaining, except to the extent 
        provided for in section 40122(a), nor shall the 
        Administrator be bound by any requirement to establish 
        such compensation or benefits at particular levels.
          (2) Experts and consultants.--The Administrator is 
        authorized to obtain the services of experts and 
        consultants in accordance with section 3109 of title 5.
          (3) Transportation and per diem expenses.--The 
        Administrator is authorized to pay transportation 
        expenses, and per diem in lieu of subsistence expenses, 
        in accordance with chapter 57 of title 5 .
          (4) Use of personnel from other agencies.--The 
        Administrator is authorized to utilize the services of 
        personnel of any other Federal agency (as such term is 
        defined under section 551(1) of title 5).
          (5) Voluntary services.--
                  (A) General rule.--In exercising the 
                authority to accept gifts and voluntary 
                services under section 326 of this title, and 
                without regard to section 1342 of title 31, the 
                Administrator may not accept voluntary and 
                uncompensated services if such services are 
                used to displace Federal employees employed on 
                a full-time, part-time, or seasonal basis.
                  (B) Incidental expenses.--The Administrator 
                is authorized to provide for incidental 
                expenses, including transportation, lodging, 
                and subsistence, for volunteers who provide 
                voluntary services under this subsection.
                  (C) Limited treatment as federal employees.--
                An individual who provides voluntary services 
                under this subsection shall not be considered a 
                Federal employee for any purpose other than for 
                purposes of chapter 81 of title 5 , relating to 
                compensation for work injuries, and chapter 171 
                of title 28 , relating to tort claims.
          (6) Contracts.--The Administrator is authorized to 
        enter into and perform such contracts, leases, 
        cooperative agreements, or other transactions as may be 
        necessary to carry out the functions of the 
        Administrator and the Administration. The Administrator 
        may enter into such contracts, leases, cooperative 
        agreements, and other transactions with any Federal 
        agency (as such term is defined in section 551(1) of 
        title 5) or any instrumentality of the United States, 
        any State, territory, or possession, or political 
        subdivision thereof, any other governmental entity, or 
        any person, firm, association, corporation, or 
        educational institution, on such terms and conditions 
        as the Administrator may consider appropriate.
  (m) Cooperation by Administrator.--With the consent of 
appropriate officials, the Administrator may, with or without 
reimbursement, use or accept the services, equipment, 
personnel, and facilities of any other Federal agency (as such 
term is defined in section 551(1) of title 5) and any other 
public or private entity. The Administrator may also cooperate 
with appropriate officials of other public and private agencies 
and instrumentalities concerning the use of services, 
equipment, personnel, and facilities. The head of each Federal 
agency shall cooperate with the Administrator in making the 
services, equipment, personnel, and facilities of the Federal 
agency available to the Administrator. The head of a Federal 
agency is authorized, notwithstanding any other provision of 
law, to transfer to or to receive from the Administration, 
without reimbursement, supplies and equipment other than 
administrative supplies or equipment.
  (n) Acquisition.--
          (1) In general.--The Administrator is authorized--
                  (A) to acquire (by purchase, lease, 
                condemnation, or otherwise), construct, 
                improve, repair, operate, and maintain--
                          (i) air traffic control facilities 
                        and equipment;
                          (ii) research and testing sites and 
                        facilities; and
                          (iii) such other real and personal 
                        property (including office space and 
                        patents), or any interest therein, 
                        within and outside the continental 
                        United States as the Administrator 
                        considers necessary;
                  (B) to lease to others such real and personal 
                property; and
                  (C) to provide by contract or otherwise for 
                eating facilities and other necessary 
                facilities for the welfare of employees of the 
                Administration at the installations of the 
                Administration, and to acquire, operate, and 
                maintain equipment for these facilities.
          (2) Title.--Title to any property or interest therein 
        acquired pursuant to this subsection shall be held by 
        the Government of the United States.
  (o) Transfers of Funds.--The Administrator is authorized to 
accept transfers of unobligated balances and unexpended 
balances of funds appropriated to other Federal agencies (as 
such term is defined in section 551(1) of title 5) to carry out 
functions transferred by law to the Administrator or functions 
transferred pursuant to law to the Administrator on or after 
the date of the enactment of the Air Traffic Management System 
Performance Improvement Act of 1996.
  (p) Management Advisory Council.--
          (1) Establishment.--Within 3 months after the date of 
        the enactment of the Air Traffic Management System 
        Performance Improvement Act of 1996, the Administrator 
        shall establish an advisory council which shall be 
        known as the Federal Aviation Management Advisory 
        Council (in this subsection referred to as the 
        ``Council''). With respect to Administration 
        management, policy, spending, funding, and regulatory 
        matters affecting the aviation industry, the Council 
        may submit comments, recommended modifications, and 
        dissenting views to the Administrator. The 
        Administrator shall include in any submission to 
        Congress, the Secretary, or the general public, and in 
        any submission for publication in the Federal Register, 
        a description of the comments, recommended 
        modifications, and dissenting views received from the 
        Council, together with the reasons for any differences 
        between the views of the Council and the views or 
        actions of the Administrator.
          (2) Membership.--The Council shall consist of [15] 18 
        members, who shall consist of--
                  (A) a designee of the Secretary of 
                Transportation;
                  (B) a designee of the Secretary of Defense;
                  (C) 10 members representing aviation 
                interests, appointed by--
                          (i) in the case of initial 
                        appointments to the Council, the 
                        President by and with the advice and 
                        consent of the Senate; and
                          (ii) in the case of subsequent 
                        appointments to the Council, the 
                        Secretary of Transportation;
                  (D) 1 member appointed, from among 
                individuals who are the leaders of their 
                respective unions of air traffic control system 
                employees, by--
                          (i) in the case of initial 
                        appointments to the Council, the 
                        President by and with the advice and 
                        consent of the Senate; and
                          (ii) in the case of subsequent 
                        appointments to the Council, the 
                        Secretary of Transportation; and
                  (E) 5 members appointed by the Secretary 
                after consultation with the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Commerce, Science, and Transportation of the 
                Senate.
          (3) Qualifications.--
                  (A) No federal officer or employee.--No 
                member appointed under paragraph (2)(C) or 
                (2)(E) may serve as an officer or employee of 
                the United States Government while serving as a 
                member of the Council.
                    (B) Air traffic services subcommittee.--
                Members appointed under paragraph (2)(E) 
                shall--
                          (i) have a fiduciary responsibility 
                        to represent the public interest;
                          (ii) be citizens of the United 
                        States; and
                          (iii) be appointed without regard to 
                        political affiliation and solely on the 
                        basis of their professional experience 
                        and expertise in one or more of the 
                        following areas:
                                  (I) Management of large 
                                service organizations.
                                  (II) Customer service.
                                  (III) Management of large 
                                procurements.
                                  (IV) Information and 
                                communications technology.
                                  (V) Organizational 
                                development.
                                  (VI) Labor relations. At 
                                least one of such members 
                                should have a background in 
                                managing large organizations 
                                successfully. In the aggregate, 
                                such members should 
                                collectively bring to bear 
                                expertise in all of the areas 
                                described in subclauses (I) 
                                through (VI).
                    (C) Prohibitions on members of 
                Subcommittee.--No member appointed under 
                paragraph (2)(E) may--
                          (i) have a pecuniary interest in, or 
                        own stock in or bonds of, an aviation 
                        or aeronautical enterprise, except an 
                        interest in a diversified mutual fund 
                        or an interest that is exempt from the 
                        application of section 208 of title 18;
                          (ii) engage in another business 
                        related to aviation or aeronautics; or
                          (iii) be a member of any organization 
                        that engages, as a substantial part of 
                        its activities, in activities to 
                        influence aviation-related legislation.
            (4) Functions.--
                  (A) In general.--
                          (i) The Council shall provide advice 
                        and counsel to the Administrator on 
                        issues which affect or are affected by 
                        the operations of the Administrator. 
                        The Council shall function as an 
                        oversight resource for management, 
                        policy, spending, and regulatory 
                        matters under the jurisdiction of the 
                        Administration.
                          (ii) The Council shall review the 
                        rulemaking cost-benefit analysis 
                        process and develop recommendations to 
                        improve the analysis and ensure that 
                        the public interest is fully protected.
                          (iii) The Council shall review the 
                        process through which the 
                        Administration determines to use 
                        advisory circulars and service 
                        bulletins.
                  (B) Meetings.--The Council shall meet on a 
                regular and periodic basis or at the call of 
                the chairman or of the Administrator.
                  (C) Access to documents and staff.--The 
                Administration may give the Council appropriate 
                access to relevant documents and personnel of 
                the Administration, and the Administrator shall 
                make available, consistent with the authority 
                to withhold commercial and other proprietary 
                information under section 552 of title 5 
                (commonly known as the ``Freedom of Information 
                Act''), cost data associated with the 
                acquisition and operation of air traffic 
                service systems. Any member of the Council who 
                receives commercial or other proprietary data 
                from the Administrator shall be subject to the 
                provisions of section 1905 of title 18, 
                pertaining to unauthorized disclosure of such 
                information.
          (5) Federal advisory committee act not to apply.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) does not 
        apply to the Council or such aviation rulemaking 
        committees as the Administrator shall designate.
          (6) Administrative matters.--
                  (A) Terms of members appointed under 
                paragraph (2)(c). Members of the Council 
                appointed under paragraph (2)(C) shall be 
                appointed for a term of 3 years. Of the members 
                first appointed by the President under 
                paragraph (2)(C)--
                          (i) 3 shall be appointed for terms of 
                        1 year;
                          (ii) 4 shall be appointed for terms 
                        of 2 years; and
                          (iii) 3 shall be appointed for terms 
                        of 3 years.
                  (B) Term for air traffic control 
                representative.--The member appointed under 
                paragraph (2)(D) shall be appointed for a term 
                of 3 years, except that the term of such 
                individual shall end whenever the individual no 
                longer meets the requirements of paragraph 
                (2)(D).
                  (C) Terms for Air Traffic Services 
                Subcommittee members.--The member appointed 
                under paragraph (2)(E) shall be appointed for a 
                term of 5 years, except that of the members 
                first appointed under paragraph (2)(E)--
                          (i) 2 members shall be appointed for 
                        a term of 3 years;
                          (ii) 2 members shall be appointed for 
                        a term of 4 years; and
                          (iii) 1 member shall be appointed for 
                        a term of 5 years.
                  (D) Reappointment.--An individual may not be 
                appointed under paragraph (2)(E) to more than 
                two 5-year terms.
                  (E) Vacancy.--Any vacancy on the Council 
                shall be filled in the same manner as the 
                original appointment, except that any vacancy 
                caused by a member appointed by the President 
                under paragraph (2)(C)(i) shall be filled by 
                the Secretary in accordance with paragraph 
                (2)(C)(ii). Any member appointed to fill a 
                vacancy occurring before the expiration of the 
                term for which the member's predecessor was 
                appointed shall be appointed for the remainder 
                of that term.
                  (F) Continuation in office.--A member whose 
                term expires shall continue to serve until the 
                date on which the member's successor takes 
                office.
                  (G) Removal.--Any member of the Council 
                appointed under paragraph (2)(D) may be removed 
                for cause by the President or Secretary whoever 
                makes the appointment. Any member of the 
                Council appointed under paragraph (2)(E) may be 
                removed for cause by the Secretary.
                  (H) Claims against members of subcommittee.--
                          (i) In general.--A member appointed 
                        under paragraph (2)(E) shall have no 
                        personal liability under Federal law 
                        with respect to any claim arising out 
                        of or resulting from an act or omission 
                        by such member within the scope of 
                        service as a member of the Air Traffic 
                        Services Subcommittee. (ii) Effect on 
                        other law. This subparagraph shall not 
                        be construed--
                                  (I) to affect any other 
                                immunity or protection that may 
                                be available to a member of the 
                                Subcommittee under applicable 
                                law with respect to such 
                                transactions;
                                  (II) to affect any other 
                                right or remedy against the 
                                United States under applicable 
                                law; or
                                  (III) to limit or alter in 
                                any way the immunities that are 
                                available under applicable law 
                                for Federal officers and 
                                employees.
                  (I) Ethical considerations.--
                          (i) Financial disclosure.--During the 
                        entire period that an individual 
                        appointed under paragraph (2)(E) is a 
                        member of the Subcommittee, such 
                        individual shall be treated as serving 
                        as an officer or employee referred to 
                        in section 101(f) of the Ethics in 
                        Government Act of 1978 for purposes of 
                        title I of such Act; except that 
                        section 101(d) of such Act shall apply 
                        without regard to the number of days of 
                        service in the position.
                            (ii) Restrictions on post-
                        employment.--For purposes of section 
                        207(c) of title 18, an individual 
                        appointed under paragraph (2)(E) shall 
                        be treated as an employee referred to 
                        in section 207(c)(2)(A)(i) of such 
                        title during the entire period the 
                        individual is a member of the 
                        Subcommittee; except that subsections 
                        (c)(2)(B) and (f) of section 207 of 
                        such title shall not apply.
                  (J) Chairman; vice chairman.--The Council 
                shall elect a chair and a vice chair from among 
                the members appointed under paragraph (2)(C), 
                each of whom shall serve for a term of 1 year. 
                The vice chair shall perform the duties of the 
                chairman in the absence of the chairman.
                  (K) Travel and per diem.--Each member of the 
                Council shall be paid actual travel expenses, 
                and per diem in lieu of subsistence expenses 
                when away from his or her usual place of 
                residence, in accordance with section 5703 of 
                title 5.
                  (L) Detail of personnel from the 
                administration.--The Administrator shall make 
                available to the Council such staff, 
                information, and administrative services and 
                assistance as may reasonably be required to 
                enable the Council to carry out its 
                responsibilities under this subsection.
          (7) Air traffic services subcommittee.--
                  (A) In general.--The Management Advisory 
                Council shall have an air traffic services 
                subcommittee (in this paragraph referred to as 
                the ``Subcommittee") composed of the five 
                members appointed under paragraph (2)(E).
                  (B) General responsibilities.--
                          (i) Oversight.--The Subcommittee 
                        shall oversee the administration, 
                        management, conduct, direction, and 
                        supervision of the air traffic control 
                        system.
                          (ii) Confidentiality.--The 
                        Subcommittee shall ensure that 
                        appropriate confidentiality is 
                        maintained in the exercise of its 
                        duties.
                  (C) Specific responsibilities.--The 
                Subcommittee shall have the following specific 
                responsibilities:
                          (i) Strategic plans.--To review, 
                        approve, and monitor the strategic plan 
                        for the air traffic control system, 
                        including the establishment of--
                                  (I) a mission and objectives;
                                  (II) standards of performance 
                                relative to such mission and 
                                objectives, including safety, 
                                efficiency, and productivity; 
                                and
                                  (III) annual and long-range 
                                strategic plans.
                          (ii) Modernization and improvement.--
                        To review and approve--
                                  (I) methods to accelerate air 
                                traffic control modernization 
                                and improvements in aviation 
                                safety related to air traffic 
                                control; and
                                  (II) procurements of air 
                                traffic control equipment in 
                                excess of $100,000,000.
                          (iii) Operational plans.--To review 
                        the operational functions of the air 
                        traffic control system, including--
                                  (I) plans for modernization 
                                of the air traffic control 
                                system;
                                  (II) plans for increasing 
                                productivity or implementing 
                                cost-saving measures; and
                                  (III) plans for training and 
                                education.
                          (iv) Management.--To--
                                  (I) review and approve the 
                                Administrator's appointment of 
                                a Chief Operating Officer under 
                                section 106(r);
                                  (II) review the 
                                Administrator's selection, 
                                evaluation, and compensation of 
                                senior executives of the 
                                Administration who have program 
                                management responsibility over 
                                significant functions of the 
                                air traffic control system;
                                  (III) review and approve the 
                                Administrator's plans for any 
                                major reorganization of the 
                                Administration that would 
                                impact on the management of the 
                                air traffic control system;
                                  (IV) review and approve the 
                                Administrator's cost accounting 
                                and financial management 
                                structure and technologies to 
                                help ensure efficient and cost-
                                effective air traffic control 
                                operation; and
                                  (V) review the performance 
                                and compensation of managers 
                                responsible for major 
                                acquisition projects, including 
                                the ability of the managers to 
                                meet schedule and budget 
                                targets.
                            (v) Budget.--To--
                                  (I) review and approve the 
                                budget request of the 
                                Administration related to the 
                                air traffic control system 
                                prepared by the Administrator;
                                  (II) submit such budget 
                                request to the Secretary; and
                                  (III) ensure that the budget 
                                request supports the annual and 
                                long-range strategic plans. The 
                                Secretary shall submit the 
                                budget request referred to in 
                                clause (v)(II) for any fiscal 
                                year to the President who shall 
                                transmit such request, without 
                                revision, to the Committees on 
                                Transportation and 
                                Infrastructure and 
                                Appropriations of the House of 
                                Representatives and the 
                                Committees on Commerce, 
                                Science, and Transportation and 
                                Appropriations of the Senate, 
                                together with the President's 
                                annual budget request for the 
                                Federal Aviation Administration 
                                for such fiscal year.
                  (D) Subcommittee personnel matters.--
                          (i) Compensation of members.--Each 
                        member of the Subcommittee shall be 
                        compensated at a rate of $25,000 per 
                        year.
                          (ii) Compensation of chairperson.--
                        Notwithstanding clause (i), the 
                        chairperson of the Subcommittee shall 
                        be compensated at a rate of $40,000 per 
                        year.
                          (iii) Staff.--The chairperson of the 
                        Subcommittee may appoint and terminate 
                        any personnel that may be necessary to 
                        enable the Subcommittee to perform its 
                        duties.
                          (iv) Procurement of temporary and 
                        intermittent services.--The chairperson 
                        of the Subcommittee may procure 
                        temporary and intermittent services 
                        under section 3109(b) of title 5, 
                        United States Code.
                  (E) Administrative matters.--
                          (i) Term of chair.--The members of 
                        the Subcommittee shall elect for a 2-
                        year term a chairperson from among the 
                        members of the Subcommittee.
                          (ii) Powers of chair.--Except as 
                        otherwise provided by a majority vote 
                        of the Subcommittee, the powers of the 
                        chairperson shall include--
                                  (I) establishing committees;
                                  (II) setting meeting places 
                                and times;
                                  (III) establishing meeting 
                                agendas; and
                                  (IV) developing rules for the 
                                conduct of business.
                          (iii) Meetings.--The Subcommittee 
                        shall meet at least quarterly and at 
                        such other times as the chairperson 
                        determines appropriate.
                          (iv) Quorum.--Three members of the 
                        Subcommittee shall constitute a quorum. 
                        A majority of members present and 
                        voting shall be required for the 
                        Subcommittee to take action.
                  (F) Reports.--
                          (i) Annual.--The Subcommittee shall 
                        each year report with respect to the 
                        conduct of its responsibilities under 
                        this title to the Administrator, the 
                        Council, the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives, and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate.
                          (ii) Additional report.--If a 
                        determination by the Subcommittee under 
                        subparagraph (B)(i) that the 
                        organization and operation of the air 
                        traffic control system are not allowing 
                        the Administration to carry out its 
                        mission, the Subcommittee shall report 
                        such determination to the 
                        Administrator, the Council, the 
                        Committee on Transportation and 
                        Infrastructure of the House of 
                        Representatives, and the Committee on 
                        Commerce, Science, and Transportation 
                        of the Senate.
                          (iii) Action of Administrator on 
                        report.--Not later than 60 days after 
                        the date of a report of the 
                        Subcommittee under this subparagraph, 
                        the Administrator shall take action 
                        with respect to such report. If the 
                        Administrator overturns a 
                        recommendation of the Subcommittee, the 
                        Administrator shall report such action 
                        to the President, the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives, and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate.
                          (iv) Comptroller General's report.--
                        Not later than April 30, 2003, the 
                        Comptroller General of the United 
                        States shall transmit to the Committee 
                        on Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate a report 
                        on the success of the Subcommittee in 
                        improving the performance of the air 
                        traffic control system.
          (8) Air traffic control system defined.--In this 
        section, the term ``air traffic control system'' has 
        the meaning such term has under section 40102(a).
  (q) Aircraft Noise Ombudsman.--
          (1) Establishment.--There shall be in the 
        Administration an Aircraft Noise Ombudsman.
          (2) General duties and responsibilities.--The 
        Ombudsman shall--
                  (A) be appointed by the Administrator;
                  (B) serve as a liaison with the public on 
                issues regarding aircraft noise; and
                  (C) be consulted when the Administration 
                proposes changes in aircraft routes so as to 
                minimize any increases in aircraft noise over 
                populated areas.
          (3) Number of full-time equivalent employees.--The 
        appointment of an Ombudsman under this subsection shall 
        not result in an increase in the number of full-time 
        equivalent employees in the Administration.
  (r) Chief Operating Officer.--
          (1) In general.--
                  (A) Appointment.--There shall be a Chief 
                Operating Officer for the air traffic control 
                system to be appointed by the Administrator, 
                with the approval of the Air Traffic Services 
                Subcommittee of the Aviation Management 
                Advisory Council. The Chief Operating Officer 
                shall report directly to the Administrator and 
                shall be subject to the authority of the 
                Administrator.
                  (B) Qualifications.--The Chief Operating 
                Officer shall have a demonstrated ability in 
                management and knowledge of or experience in 
                aviation.
                  (C) Term.-- The Chief Operating Officer shall 
                be appointed for a term of 5 years.
                  (D) Removal.--The Chief Operating Officer 
                shall serve at the pleasure of the 
                Administrator, except that the Administrator 
                shall make every effort to ensure stability and 
                continuity in the leadership of the air traffic 
                control system.
                  (E) Vacancy.--Any individual appointed to 
                fill a vacancy in the position of Chief 
                Operating Officer occurring before the 
                expiration of the term for which the 
                individual's predecessor was appointed shall be 
                appointed for the remainder of that term.
            (2) Compensation.--
                    (A) In general.--The Chief Operating 
                Officer shall be paid at an annual rate of 
                basic pay equal to the annual rate of basic pay 
                of the Administrator. The Chief Operating 
                Officer shall be subject to the post-employment 
                provisions of section 207 of title 18 as if 
                this position were described in section 
                207(c)(2)(A)(i) of that title.
                    (B) Bonus.--In addition to the annual rate 
                of basic pay authorized by subparagraph (A), 
                the Chief Operating Officer may receive a bonus 
                for any calendar year not to exceed 30 percent 
                of the annual rate of basic pay, based upon the 
                Administrator's evaluation of the Chief 
                Operating Officer's performance in relation to 
                the performance goals set forth in the 
                performance agreement described paragraph (3).
          (3) Annual performance agreement.--The Administrator 
        and the Chief Operating Officer, in consultation with 
        the Air Traffic Control Subcommittee of the Aviation 
        Management Advisory Committee, shall enter into an 
        annual performance agreement that sets forth measurable 
        organization and individual goals for the Chief 
        Operating Officer in key operational areas. The 
        agreement shall be subject to review and renegotiation 
        on an annual basis.
          (4) Annual performance report.--The Chief Operating 
        Officer shall prepare and transmit to the Secretary of 
        Transportation and Congress an annual management report 
        containing such information as may be prescribed by the 
        Secretary.
          (5) Responsibilities.--The Administrator may delegate 
        to the Chief Operating Officer, or any other authority 
        within the Administration responsibilities, including 
        the following:
                  (A) Strategic plans.--To develop a strategic 
                plan of the Administration for the air traffic 
                control system, including the establishment 
                of--
                          (i) a mission and objectives;
                          (ii) standards of performance 
                        relative to such mission and 
                        objectives, including safety, 
                        efficiency, and productivity;
                          (iii) annual and long-range strategic 
                        plans; and
                          (iv) methods of the Administration to 
                        accelerate air traffic control 
                        modernization and improvements in 
                        aviation safety related to air traffic 
                        control.
                  (B) Operations.--To review the operational 
                functions of the Administration, including--
                          (i) modernization of the air traffic 
                        control system;
                          (ii) increasing productivity or 
                        implementing cost-saving measures; and
                          (iii) training and education.
                  (C) Budget.--To--
                          (i) develop a budget request of the 
                        Administration related to the air 
                        traffic control system prepared by the 
                        Administrator;
                          (ii) submit such budget request to 
                        the Administrator and the Secretary of 
                        Transportation; and
                          (iii) ensure that the budget request 
                        supports the annual and long-range 
                        strategic plans developed under 
                        subparagraph (A) of this subsection.

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

                         CHAPTER 449. SECURITY

                             SUBCHAPTER I.

Sec.  44903. AIR TRANSPORTATION SECURITY.

  (a) Definition.--In this section, ``law enforcement 
personnel'' means individuals--
          (1) authorized to carry and use firearms;
          (2) vested with the degree of the police power of 
        arrest the Administrator of the Federal Aviation 
        Administration considers necessary to carry out this 
        section; and
          (3) identifiable by appropriate indicia of authority.
  (b) Protection Against Violence and Piracy.--The 
Administrator shall prescribe regulations to protect passengers 
and property on an aircraft operating in air transportation or 
intrastate air transportation against an act of criminal 
violence or aircraft piracy. When prescribing a regulation 
under this subsection, the Administrator shall--
          (1) consult with the Secretary of Transportation, the 
        Attorney General, the heads of other departments, 
        agencies, and instrumentalities of the United States 
        Government, and State and local authorities;
          (2) consider whether a proposed regulation is 
        consistent with--
                  (A) protecting passengers; and
                  (B) the public interest in promoting air 
                transportation and intrastate air 
                transportation;
          (3) to the maximum extent practicable, require a 
        uniform procedure for searching and detaining 
        passengers and property to ensure--
                  (A) their safety; and
                  (B) courteous and efficient treatment by an 
                air carrier, an agent or employee of an air 
                carrier, and Government, State, and local law 
                enforcement personnel carrying out this 
                section; and
          (4) consider the extent to which a proposed 
        regulation will carry out this section.
  (c) Security Programs.--
          (1) The Administrator shall prescribe regulations 
        under subsection (b) of this section that require each 
        operator of an airport regularly serving an air carrier 
        holding a certificate issued by the Secretary of 
        Transportation to establish an air transportation 
        security program that provides a law enforcement 
        presence and capability at each of those airports that 
        is adequate to ensure the safety of passengers. The 
        regulations shall authorize the operator to use the 
        services of qualified State, local, and private law 
        enforcement personnel. When the Administrator decides, 
        after being notified by an operator in the form the 
        Administrator prescribes, that not enough qualified 
        State, local, and private law enforcement personnel are 
        available to carry out subsection (b), the 
        Administrator may authorize the operator to use, on a 
        reimbursable basis, personnel employed by the 
        Administrator, or by another department, agency, or 
        instrumentality of the Government with the consent of 
        the head of the department, agency, or instrumentality, 
        to supplement State, local, and private law enforcement 
        personnel. When deciding whether additional personnel 
        are needed, the Administrator shall consider the number 
        of passengers boarded at the airport, the extent of 
        anticipated risk of criminal violence or aircraft 
        piracy at the airport or to the air carrier aircraft 
        operations at the airport, and the availability of 
        qualified State or local law enforcement personnel at 
        the airport.
          (2)(A) The Administrator may approve a security 
        program of an airport operator, or an amendment in an 
        existing program, that incorporates a security program 
        of an airport tenant (except an air carrier separately 
        complying with part 108 or 129 of title 14, Code of 
        Federal Regulations) having access to a secured area of 
        the airport, if the program or amendment incorporates--
                          (i) the measures the tenant will use, 
                        within the tenant's leased areas or 
                        areas designated for the tenant's 
                        exclusive use under an agreement with 
                        the airport operator, to carry out the 
                        security requirements imposed by the 
                        Administrator on the airport operator 
                        under the access control system 
                        requirements of section 107.14 of title 
                        14, Code of Federal Regulations, or 
                        under other requirements of part 107 of 
                        title 14; and
                          (ii) the methods the airport operator 
                        will use to monitor and audit the 
                        tenant's compliance with the security 
                        requirements and provides that the 
                        tenant will be required to pay monetary 
                        penalties to the airport operator if 
                        the tenant fails to carry out a 
                        security requirement under a 
                        contractual provision or requirement 
                        imposed by the airport operator.
          (B) If the Administrator approves a program or 
        amendment described in subparagraph (A) of this 
        paragraph, the airport operator may not be found to be 
        in violation of a requirement of this subsection or 
        subsection (b) of this section when the airport 
        operator demonstrates that the tenant or an employee, 
        permittee, or invitee of the tenant is responsible for 
        the violation and that the airport operator has 
        complied with all measures in its security program for 
        securing compliance with its security program by the 
        tenant.
  (d) Authorizing Individuals To Carry Firearms and Make 
Arrests.-- With the approval of the Attorney General and the 
Secretary of State, the Secretary of Transportation may 
authorize an individual who carries out air transportation 
security duties--
          (1) to carry firearms; and
          (2) to make arrests without warrant for an offense 
        against the United States committed in the presence of 
        the individual or for a felony under the laws of the 
        United States, if the individual reasonably believes 
        the individual to be arrested has committed or is 
        committing a felony.
  (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.
  [(e)] (f) Exclusive Responsibility over Passenger Safety.--
The Administrator has the exclusive responsibility to direct 
law enforcement activity related to the safety of passengers on 
an aircraft involved in an offense under section 46502 of this 
title from the moment all external doors of the aircraft are 
closed following boarding until those doors are opened to allow 
passengers to leave the aircraft. When requested by the 
Administrator, other departments, agencies, and 
instrumentalities of the Government shall provide assistance 
necessary to carry out this subsection.
  [(f)] (g) Government and Industry Consortia.--The 
Administrator may establish at airports such consortia of 
government and aviation industry representatives as the 
Administrator may designate to provide advice on matters 
related to aviation security and safety. Such consortia shall 
not be considered Federal advisory committees for purposes of 
the Federal Advisory Committee Act (5 U.S.C. App.). 
subparagraphs (A) and (B) of paragraph (1); or (B) reasons why 
the Administrator does not recommend any proposed changes to 
the records referred to in subparagraph (A).
          (13) Regulations.--The Administrator shall prescribe 
        such regulations as may be necessary--
                  (A) to protect-- 
                            (i) the personal privacy of any 
                        individual whose records are requested 
                        under paragraph (1) and disseminated 
                        under paragraph (15); and
                          (ii) the confidentiality of those 
                        records;
                  (B) to preclude the further dissemination of 
                records received under paragraph (1) by the 
                person who requested those records; and
                  (C) to ensure prompt compliance with any 
                request made under paragraph (1).
          (14) Special rules with respect to certain pilots.--
                    (A) Pilots of certain small aircraft.--
                Notwithstanding paragraph (1), an air carrier, 
                before receiving information requested about an 
                individual under paragraph (1), may allow the 
                individual to begin service for a period not to 
                exceed 90 days as a pilot of an aircraft with a 
                maximum payload capacity (as defined in section 
                119.3 of title 14, Code of Federal Regulations) 
                of 7,500 pounds or less, or a helicopter, on a 
                flight that is not a scheduled operation (as 
                defined in such section). Before the end of the 
                90-day period, the air carrier shall obtain and 
                evaluate such information. The contract between 
                the carrier and the individual shall contain a 
                term that provides that the continuation of the 
                individual's employment, after the last 90-day 
                period, depends on a satisfactory evaluation.
                  (B) Good faith exception.--Notwithstanding 
                paragraph (1), an air carrier, without 
                obtaining information about an individual under 
                paragraph (1)(B) from an air carrier or other 
                person that no longer exists or from a foreign 
                government or entity that employed the 
                individual, may allow the individual to begin 
                service as a pilot if the air carrier required 
                to request the information has made a 
                documented good faith attempt to obtain such 
                information.
          (15) Electronic access to faa records.--For the 
        purpose of increasing timely and efficient access to 
        Federal Aviation Administration records described in 
        paragraph (1), the Administrator may allow, under terms 
        established by the Administrator, an individual 
        designated by the air carrier to have electronic access 
        to a specified database containing information about 
        such records. The terms shall limit such access to 
        instances in which information in the database is 
        required by the designated individual in making a 
        hiring decision concerning a pilot applicant and shall 
        require that the designated individual provide 
        assurances satisfactory to the Administrator that 
        information obtained using such access will not be used 
        for any purpose other than making the hiring decision.
  (g) Limitation on Liability; Preemption of State Law.--
          (1) Limitation on liability.--No action or proceeding 
        may be brought by or on behalf of an individual who has 
        applied for or is seeking a position with an air 
        carrier as a pilot and who has signed a release from 
        liability, as provided for under paragraph (2), 
        against--
                  (A) the air carrier requesting the records of 
                that individual under subsection (f)(1);
                  (B) a person who has complied with such 
                request;
                  (C) a person who has entered information 
                contained in the individual's records; or
                  (D) an agent or employee of a person 
                described in subparagraph (A) or (B); in the 
                nature of an action for defamation, invasion of 
                privacy, negligence, interference with 
                contract, or otherwise, or under any Federal or 
                State law with respect to the furnishing or use 
                of such records in accordance with subsection 
                (f).
          (2) Preemption.--No State or political subdivision 
        thereof may enact, prescribe, issue, continue in 
        effect, or enforce any law (including any regulation, 
        standard, or other provision having the force and 
        effect of law) that prohibits, penalizes, or imposes 
        liability for furnishing or using records in accordance 
        with subsection (f).
          (3) Provision of knowingly false information.--
        Paragraphs (1) and (2) shall not apply with respect to 
        a person who furnishes information in response to a 
        request made under subsection (f)(1), that--
                  (A) the person knows is false; and
                  (B) was maintained in violation of a criminal 
                statute of the United States.
  (h) Limitation on Statutory Construction.--Nothing in 
subsection (f) shall be construed as precluding the 
availability of the records of a pilot in an investigation or 
other proceeding concerning an accident or incident conducted 
by the Administrator, the National Transportation Safety Board, 
or a court.

                             SUBCHAPTER II.

Sec.  44935. EMPLOYMENT STANDARDS AND TRAINING.

  (a) Employment Standards.--The Administrator of the Federal 
Aviation Administration shall prescribe standards for the 
employment and continued employment of, and contracting for, 
air carrier personnel and, as appropriate, airport security 
personnel. The standards shall include--
          (1) minimum training requirements for new employees;
          (2) retraining requirements;
          (3) minimum staffing levels;
          (4) minimum language skills; and
          (5) minimum education levels for employees, when 
        appropriate.
  (b) Review and Recommendations.--In coordination with air 
carriers, airport operators, and other interested persons, the 
Administrator shall review issues related to human performance 
in the aviation security system to maximize that performance. 
When the review is completed, the Administrator shall recommend 
guidelines and prescribe appropriate changes in existing 
procedures to improve that performance.
  (c) Security Program Training, Standards, and 
Qualifications.--
          (1) The Administrator.--
                  (A) may train individuals employed to carry 
                out a security program under section 44903(c) 
                of this title; and
                  (B) shall prescribe uniform training 
                standards and uniform minimum qualifications 
                for individuals eligible for that training.
          (2) The Administrator may authorize reimbursement for 
        travel, transportation, and subsistence expenses for 
        security training of non-United States Government 
        domestic and foreign individuals whose services will 
        contribute significantly to carrying out civil aviation 
        security programs. To the extent practicable, air 
        travel reimbursed under this paragraph shall be on air 
        carriers.
  (d) Education and Training Standards for Security 
Coordinations, Supervisory Personnel, and Pilots.--
          (1) The Administrator shall prescribe standards for 
        educating and training--
                  (A) ground security coordinators;
                  (B) security supervisory personnel; and
                  (C) airline pilots as in-flight security 
                coordinators.
          (2) The standards shall include initial training, 
        retraining, and continuing education requirements and 
        methods. Those requirements and methods shall be used 
        annually to measure the performance of ground security 
        coordinators and security supervisory personnel.
  (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.
  (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.  44936. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

  (a) Employment Investigation Requirment.--
          (1)(A) The Administrator of the Federal Aviation 
        Administration shall require by regulation that an 
        employment investigation, including a criminal history 
        record check, shall be [conducted, as the Administrator 
        decides is necessary to ensure air transportation 
        security, of] conducted of each individual employed in, 
        or applying for, a position in which the individual has 
        unescorted access, or may permit other individuals to 
        have unescorted access, to--
                          (i) aircraft of an air carrier or 
                        foreign air carrier; or
                          (ii) a secured area of an airport in 
                        the United States the Administrator 
                        designates that serves an air carrier 
                        or foreign air carrier.
          (B) The Administrator shall require by regulation 
        that an employment investigation (including a criminal 
        history record check in any case described in 
        [subparagraph (C))] subparagraph (D)) be conducted 
        for--
                          (i) individuals who will be 
                        responsible for screening passengers or 
                        property under section 44901 of this 
                        title;
                          (ii) supervisors of the individuals 
                        described in clause (i); and
                          (iii) such other individuals who 
                        exercise security functions associated 
                        with baggage or cargo, as the 
                        Administrator determines is necessary 
                        to ensure air transportation security.
                    (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.
          [(C)] (D) Under the regulations issued under 
        subparagraph (B), a criminal history record check shall 
        be conducted in any case in which--
                          (i) an employment investigation 
                        reveals a gap in employment of 12 
                        months or more that the individual who 
                        is the subject of the investigation 
                        does not satisfactorily account for;
                          (ii) such individual is unable to 
                        support statements made on the 
                        application of such individual;
                          (iii) there are significant 
                        inconsistencies in the information 
                        provided on the application of such 
                        individual;
                          (iv) information becomes available 
                        during the employment investigation 
                        indicating a possible conviction for 
                        one of the crimes listed in subsection 
                        (b)(1)(B); or
                          (v) the Administrator decides it is 
                        necessary to ensure air transportation 
                        security with respect to passenger, 
                        baggage, or property screening at 
                        airports.
          [(D)] (E) If an individual requires a criminal 
        history record check under [subparagraph (C),] 
        subparagraph (D), the individual may be employed [as a 
        screener] in the position for which the individual 
        applied until the check is completed if the individual 
        is subject to supervision.
          (2) An air carrier, foreign air carrier, or airport 
        operator that employs, or authorizes or makes a 
        contract for the services of, an individual in a 
        position described in paragraph (1) of this subsection 
        shall ensure that the investigation the Administrator 
        requires is conducted.
          (3) The Administrator shall provide for the periodic 
        audit of the effectiveness of criminal history record 
        checks conducted under paragraph (1) of this 
        subsection.
  (b) Prohibited Employment.--
          (1) Except as provided in paragraph (3) of this 
        subsection, an air carrier, foreign air carrier, or 
        airport operator may not employ, or authorize or make a 
        contract for the services of, an individual in a 
        position described in subsection (a)(1) of this section 
        if--
                  (A) the investigation of the individual 
                required under this section has not been 
                conducted; or
                  (B) the results of that investigation 
                establish that, in the 10-year period ending on 
                the date of the investigation, the individual 
                was convicted (or found not guilty by reason of 
                insanity) of--
                          (i) a crime referred to in section 
                        46306, 46308, 46312, 46314, or 46315 or 
                        chapter 465 of this title or section 32 
                        of title 18;
                          (ii) murder;
                          (iii) assault with intent to murder;
                          (iv) espionage;
                          (v) sedition;
                          (vi) treason;
                          (vii) rape;
                          (viii) kidnapping;
                          (ix) unlawful possession, sale, 
                        distribution, or manufacture of an 
                        explosive or weapon;
                          (x) extortion;
                          (xi) armed or felony unarmed robbery;
                          (xii) distribution of, or intent to 
                        distribute, a controlled substance; 
                        [or]
                          (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
                          [(xiii)] (xv) conspiracy to commit 
                        any of the acts referred to in [clauses 
                        (i)-(xii) of this paragraph.] clauses 
                        (i) through (xiv) of this subparagraph.
          (2) The Administrator may specify other factors that 
        are sufficient to prohibit the employment of an 
        individual in a position described in subsection (a)(1) 
        of this section.
          (3) An air carrier, foreign air carrier, or airport 
        operator may employ, or authorize or contract for the 
        services of, an individual in a position described in 
        subsection (a)(1) of this section without carrying out 
        the investigation required under this section, if the 
        Administrator approves a plan to employ the individual 
        that provides alternate security arrangements.
  (c) Fingerprinting and Record Check Information.--
          (1) If the Administrator requires an identification 
        and criminal history record check, to be conducted by 
        the Attorney General, as part of an investigation under 
        this section, the Administrator shall designate an 
        individual to obtain fingerprints and submit those 
        fingerprints to the Attorney General. The Attorney 
        General may make the results of a check available to an 
        individual the Administrator designates. Before 
        designating an individual to obtain and submit 
        fingerprints or receive results of a check, the 
        Administrator shall consult with the Attorney General. 
        (2) The Administrator shall prescribe regulations on--
                  (A) procedures for taking fingerprints; and
                  (B) requirements for using information 
                received from the Attorney General under 
                paragraph (1) of this subsection--
                          (i) to limit the dissemination of the 
                        information; and
                          (ii) to ensure that the information 
                        is used only to carry out this section.
          (3) If an identification and criminal history record 
        check is conducted as part of an investigation of an 
        individual under this section, the individual--
                  (A) shall receive a copy of any record 
                received from the Attorney General; and
                  (B) may complete and correct the information 
                contained in the check before a final 
                employment decision is made based on the check.
  (d) Fees and Charges.--The Administrator and the Attorney 
General shall establish reasonable fees and charges to pay 
expenses incurred in carrying out this section. The employer of 
the individual being investigated shall pay the costs of a 
record check of the individual. Money collected under this 
section shall be credited to the account in the Treasury from 
which the expenses were incurred and are available to the 
Administrator and the Attorney General for those expenses.
  (e) When Investigation or Record Check Is Not Required.--This 
section does not require an investigation or record check when 
the investigation or record check is prohibited by a law of a 
foreign country.
  (f) Records of Employment of Pilot Applicants.--
          (1) In general.--Subject to paragraph (14), before 
        allowing an individual to begin service as a pilot, an 
        air carrier shall request and receive the following 
        information:
                  (A) faa records.--From the Administrator of 
                the Federal Aviation Administration, records 
                pertaining to the individual that are 
                maintained by the Administrator concerning--
                          (i) current airman certificates 
                        (including airman medical certificates) 
                        and associated type ratings, including 
                        any limitations to those certificates 
                        and ratings; and
                          (ii) summaries of legal enforcement 
                        actions resulting in a finding by the 
                        Administrator of a violation of this 
                        title or a regulation prescribed or 
                        order issued under this title that was 
                        not subsequently overturned.
                  (B) Air carrier and other records.--From any 
                air carrier or other person (except a branch of 
                the United States Armed Forces, the National 
                Guard, or a reserve component of the United 
                States Armed Forces) that has employed the 
                individual as a pilot of a civil or public 
                aircraft at any time during the 5-year period 
                preceding the date of the employment 
                application of the individual, or from the 
                trustee in bankruptcy for such air carrier or 
                person--
                          (i) records pertaining to the 
                        individual that are maintained by an 
                        air carrier (other than records 
                        relating to flight time, duty time, or 
                        rest time) under regulations set forth 
                        in--
                                  (I) section 121.683 of title 
                                14, Code of Federal 
                                Regulations;
                                  (II) paragraph (A) of section 
                                VI, appendix I, part 121 of 
                                such title;
                                  (III) paragraph (A) of 
                                section IV, appendix J, part 
                                121 of such title;
                                  (IV) section 125.401 of such 
                                title; and
                                  (V) section 135.63(a)(4) of 
                                such title; and
                          (ii) other records pertaining to the 
                        individual's performance as a pilot 
                        that are maintained by the air carrier 
                        or person concerning--
                                  (I) the training, 
                                qualifications, proficiency, or 
                                professional competence of the 
                                individual, including comments 
                                and evaluations made by a check 
                                airman designated in accordance 
                                with section 121.411, 125.295, 
                                or 135.337 of such title;
                                  (II) any disciplinary action 
                                taken with respect to the 
                                individual that was not 
                                subsequently overturned; and
                                  (III) any release from 
                                employment or resignation, 
                                termination, or 
                                disqualification with respect 
                                to employment.
                  (C) National driver register records.--In 
                accordance with section 30305(b)(8) of this 
                title, from the chief driver licensing official 
                of a State, information concerning the motor 
                vehicle driving record of the individual.
          (2) Written consent; release from liability.--An air 
        carrier making a request for records under paragraph 
        (1)--
                  (A) shall be required to obtain written 
                consent to the release of those records from 
                the individual that is the subject of the 
                records requested; and
                  (B) may, notwithstanding any other provision 
                of law or agreement to the contrary, require 
                the individual who is the subject of the 
                records to request to execute a release from 
                liability for any claim arising from the 
                furnishing of such records to or the use of 
                such records by such air carrier (other than a 
                claim arising from furnishing information known 
                to be false and maintained in violation of a 
                criminal statute).
          (3) 5-year reporting period.--A person shall not 
        furnish a record in response to a request made under 
        paragraph (1) if the record was entered more than 5 
        years before the date of the request, unless the 
        information concerns a revocation or suspension of an 
        airman certificate or motor vehicle license that is in 
        effect on the date of the request.
          (4) Requirement to maintain records.--The 
        Administrator and air carriers shall maintain pilot 
        records described in paragraphs (1)(A) and (1)(B) for a 
        period of at least 5 years.
          (5) Receipt of consent; provision of information.--A 
        person shall not furnish a record in response to a 
        request made under paragraph (1) without first 
        obtaining a copy of the written consent of the 
        individual who is the subject of the records requested; 
        except that, for purposes of paragraph (15), the 
        Administrator may allow an individual designated by the 
        Administrator to accept and maintain written consent on 
        behalf of the Administrator for records requested under 
        paragraph (1)(A). A person who receives a request for 
        records under this subsection shall furnish a copy of 
        all of such requested records maintained by the person 
        not later than 30 days after receiving the request.
          (6) Right to receive notice and copy of any record 
        furnished.--A person who receives a request for records 
        under paragraph (1) shall provide to the individual who 
        is the subject of the records--
                  (A) on or before the 20th day following the 
                date of receipt of the request, written notice 
                of the request and of the individual's right to 
                receive a copy of such records; and
                  (B) in accordance with paragraph (10), a copy 
                of such records, if requested by the 
                individual.
          (7) Reasonable charges for processing requests and 
        furnishing copies.--A person who receives a request 
        under paragraph (1) or (6) may establish a reasonable 
        charge for the cost of processing the request and 
        furnishing copies of the requested records.
          (8) Standard forms.--The Administrator shall 
        promulgate--
                  (A) standard forms that may be used by an air 
                carrier to request records under paragraph (1); 
                and
                  (B) standard forms that may be used by an air 
                carrier to--
                          (i) obtain the written consent of the 
                        individual who is the subject of a 
                        request under paragraph (1); and
                          (ii) inform the individual of--
                                  (I) the request; and
                                  (II) the individual right of 
                                that individual to receive a 
                                copy of any records furnished 
                                in response to the request.
          (9) Right to correct inaccuracies.--An air carrier 
        that maintains or requests and receives the records of 
        an individual under paragraph (1) shall provide the 
        individual with a reasonable opportunity to submit 
        written comments to correct any inaccuracies contained 
        in the records before making a final hiring decision 
        with respect to the individual.
          (10) Right of pilot to review certain records.--
        Notwithstanding any other provision of law or 
        agreement, an air carrier shall, upon written request 
        from a pilot who is or has been employed by such 
        carrier, make available, within a reasonable time, but 
        not later than 30 days after the date of the request, 
        to the pilot for review, any and all employment records 
        referred to in paragraph (1)(B) (i) or (ii) pertaining 
        to the employment of the pilot.
          (11) Privacy protections.--An air carrier that 
        receives the records of an individual under paragraph 
        (1) may use such records only to assess the 
        qualifications of the individual in deciding whether or 
        not to hire the individual as a pilot. The air carrier 
        shall take such actions as may be necessary to protect 
        the privacy of the pilot and the confidentiality of the 
        records, including ensuring that information contained 
        in the records is not divulged to any individual that 
        is not directly involved in the hiring decision.
          (12) Periodic review.--Not later than 18 months after 
        the date of the enactment of the Pilot Records 
        Improvement Act of 1996 , and at least once every 3 
        years thereafter, the Administrator shall transmit to 
        Congress a statement that contains, taking into account 
        recent developments in the aviation industry--
                  (A) recommendations by the Administrator 
                concerning proposed changes to Federal Aviation 
                Administration records, air carrier records, 
                and other records required to be furnished 
                under subparagraphs (A) and (B) of paragraph 
                (1); or
                  (B) reasons why the Administrator does not 
                recommend any proposed changes to the records 
                referred to in subparagraph (A).
          (13) Regulations.--The Administrator shall prescribe 
        such regulations as may be necessary--
                  (A) to protect--
                            (i) the personal privacy of any 
                        individual whose records are requested 
                        under paragraph (1) and disseminated 
                        under paragraph (15); and
                          (ii) the confidentiality of those 
                        records;
                  (B) to preclude the further dissemination of 
                records received under paragraph (1) by the 
                person who requested those records; and
                  (C) to ensure prompt compliance with any 
                request made under paragraph (1).
          (14) Special rules with respect to certain pilots.--
                  (A) Pilots of certain small aircraft.--
                Notwithstanding paragraph (1), an air carrier, 
                before receiving information requested about an 
                individual under paragraph (1), may allow the 
                individual to begin service for a period not to 
                exceed 90 days as a pilot of an aircraft with a 
                maximum payload capacity (as defined in section 
                119.3 of title 14, Code of Federal Regulations) 
                of 7,500 pounds or less, or a helicopter, on a 
                flight that is not a scheduled operation (as 
                defined in such section). Before the end of the 
                90-day period, the air carrier shall obtain and 
                evaluate such information. The contract between 
                the carrier and the individual shall contain a 
                term that provides that the continuation of the 
                individual's employment, after the last 90-day 
                period, depends on a satisfactory evaluation.
                  (B) Good faith exception.--Notwithstanding 
                paragraph (1), an air carrier, without 
                obtaining information about an individual under 
                paragraph (1)(B) from an air carrier or other 
                person that no longer exists or from a foreign 
                government or entity that employed the 
                individual, may allow the individual to begin 
                service as a pilot if the air carrier required 
                to request the information has made a 
                documented good faith attempt to obtain such 
                information.
          (15) Electronic access to FAA records.--For the 
        purpose of increasing timely and efficient access to 
        Federal Aviation Administration records described in 
        paragraph (1), the Administrator may allow, under terms 
        established by the Administrator, an individual 
        designated by the air carrier to have electronic access 
        to a specified database containing information about 
        such records. The terms shall limit such access to 
        instances in which information in the database is 
        required by the designated individual in making a 
        hiring decision concerning a pilot applicant and shall 
        require that the designated individual provide 
        assurances satisfactory to the Administrator that 
        information obtained using such access will not be used 
        for any purpose other than making the hiring decision.
  (g) Limitation on Liability; Preemption of State Law.--
          (1) Limitation on liability.--No action or proceeding 
        may be brought by or on behalf of an individual who has 
        applied for or is seeking a position with an air 
        carrier as a pilot and who has signed a release from 
        liability, as provided for under paragraph (2), 
        against--
                  (A) the air carrier requesting the records of 
                that individual under subsection (f)(1);
                  (B) a person who has complied with such 
                request;
                  (C) a person who has entered information 
                contained in the individual's records; or
                  (D) an agent or employee of a person 
                described in subparagraph (A) or (B); in the 
                nature of an action for defamation, invasion of 
                privacy, negligence, interference with 
                contract, or otherwise, or under any Federal or 
                State law with respect to the furnishing or use 
                of such records in accordance with subsection 
                (f).
          (2) Preemption.--No State or political subdivision 
        thereof may enact, prescribe, issue, continue in 
        effect, or enforce any law (including any regulation, 
        standard, or other provision having the force and 
        effect of law) that prohibits, penalizes, or imposes 
        liability for furnishing or using records in accordance 
        with subsection (f).
          (3) Provision of knowingly false information.--
        Paragraphs (1) and (2) shall not apply with respect to 
        a person who furnishes information in response to a 
        request made under subsection (f)(1), that--
                  (A) the person knows is false; and
                  (B) was maintained in violation of a criminal 
                statute of the United States.
  (h) Limitation on Statutory Construction.--Nothing in 
subsection (f) shall be construed as precluding the 
availability of the records of a pilot in an investigation or 
other proceeding concerning an accident or incident conducted 
by the Administrator, the National Transportation Safety Board, 
or a court.

                                  
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