PUBLIC LAW 106–528—NOV. 22, 2000 114 STAT. 2517

Public Law 106–528

106th Congress

An Act

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

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Airport Security Improvement

Act of 2000’’.

SEC. 2. CRIMINAL HISTORY RECORD CHECKS.

(a) EXPANSION OF FAA ELECTRONIC PILOT PROGRAM.—

(1) IN GENERAL.—Not later than 2 years after the date

of enactment of this Act, the Administrator of the Federal

Aviation Administration shall develop, in consultation with the

Office of Personnel Management and the Federal Bureau of

Investigation, the pilot program for individual criminal history

record checks (known as the electronic fingerprint transmission

pilot project) into an aviation industry-wide program.

(2) LIMITATION.—The Administrator shall not require any

airport, air carrier, or screening company to participate in

the program described in subsection (a) if the airport, air carrier, or screening company determines that it would not be

cost effective for it to participate in the program and notifies

the Administrator of that determination.

(b) APPLICATION OF EXPANDED PROGRAM.—

(1) INTERIM REPORT.—Not later than 1 year after the date

of enactment of this Act, the Administrator shall transmit

to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing

the status of the Administrator’s efforts to utilize the program

described in subsection (a).

(2) NOTIFICATION CONCERNING SUFFICIENCY OF OPERATION.—If the Administrator determines that the program

described in subsection (a) is not sufficiently operational 2

years after the date of enactment of this Act to permit its

utilization in accordance with subsection (a), the Administrator

shall notify the committees referred to in paragraph (1) of

that determination.

(c) CHANGES IN EXISTING REQUIREMENTS.—Section 44936(a)(1)

of title 49, United States Code, is amended—

(1) in subparagraph (A) by striking ‘‘, as the Administrator

decides is necessary to ensure air transportation security,’’;

49 USC 44936

note.

49 USC 44936

note.

Deadlines.

49 USC 40101

note.

Airport Security

Improvement Act

of 2000.

Nov. 22, 2000

[S. 2440]

114 STAT. 2518 PUBLIC LAW 106–528—NOV. 22, 2000

(2) in subparagraph (D) by striking ‘‘as a screener’’ and

inserting ‘‘in the position for which the individual applied’’;

and

(3) by adding at the end the following:

‘‘(E) CRIMINAL HISTORY RECORD CHECKS FOR SCREENERS

AND OTHERS.— ‘‘(i) IN GENERAL.—A criminal history record check

shall be conducted for each individual who applies

for a position described in subparagraph (A), (B)(i),

or (B)(ii). ‘‘(ii) SPECIAL TRANSITION RULE.—During the 3-year

period beginning on the date of enactment of this

subparagraph, an individual described in clause (i) may

be employed in a position described in clause (i)— ‘‘(I) in the first 2 years of such 3-year period,

for a period of not to exceed 45 days before a

criminal history record check is completed; and ‘‘(II) in the third year of such 3-year period,

for a period of not to exceed 30 days before a

criminal history record check is completed,

if the request for the check has been submitted to

the appropriate Federal agency and the employment

investigation has been successfully completed. ‘‘(iii) EMPLOYMENT INVESTIGATION NOT REQUIRED

FOR INDIVIDUALS SUBJECT TO CRIMINAL HISTORY RECORD

CHECK.—An employment investigation shall not be

required for an individual who applies for a position

described in subparagraph (A), (B)(i), or (B)(ii), if a

criminal history record check of the individual is completed before the individual begins employment in such

position.

‘‘(iv) EFFECTIVE DATE.—This subparagraph shall

take effect—

‘‘(I) 30 days after the date of enactment of

this subparagraph with respect to individuals

applying for a position at an airport that is defined

as a Category X airport in the Federal Aviation

Administration approved air carrier security programs required under part 108 of title 14, Code

of Federal Regulations; and

‘‘(II) 3 years after such date of enactment with

respect to individuals applying for a position at

any other airport that is subject to the requirements of part 107 of such title.

‘‘(F) EXEMPTION.—An employment investigation,

including a criminal history record check, shall not be

required under this subsection for an individual who is

exempted under section 107.31(m) of title 14, Code of Federal Regulations, as in effect on the date of enactment

of this subparagraph.’’.

(d) LIST OF OFFENSES BARRING EMPLOYMENT.—Section

44936(b)(1)(B) of title 49, United States Code, is amended—

(1) by inserting ‘‘(or found not guilty by reason of insanity)’’

after ‘‘convicted’’;

(2) in clause (xi) by inserting ‘‘or felony unarmed’’ after

‘‘armed’’;

(3) by striking ‘‘or’’ at the end of clause (xii);

PUBLIC LAW 106–528—NOV. 22, 2000 114 STAT. 2519

(4) by redesignating clause (xiii) as clause (xv) and inserting

after clause (xii) the following:

‘‘(xiii) a felony involving a threat;

‘‘(xiv) a felony involving—

‘‘(I) willful destruction of property;

‘‘(II) importation or manufacture of a controlled substance;

‘‘(III) burglary;

‘‘(IV) theft;

‘‘(V) dishonesty, fraud, or misrepresentation;

‘‘(VI) possession or distribution of stolen property;

‘‘(VII) aggravated assault;

‘‘(VIII) bribery; and

‘‘(IX) illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year, or any other crime

classified as a felony that the Administrator determines indicates a propensity for placing contraband aboard an aircraft in return for money; or’’;

and

(5) in clause (xv) (as so redesignated) by striking ‘‘clauses

(i)–(xii) of this paragraph’’ and inserting ‘‘clauses (i) through

(xiv)’’.

SEC. 3. IMPROVED TRAINING.

(a) TRAINING STANDARDS FOR SCREENERS.—Section 44935 of

title 49, United States Code, is amended by adding at the end

the following:

‘‘(e) TRAINING STANDARDS FOR SCREENERS.—

‘‘(1) ISSUANCE OF FINAL RULE.—Not later than May 31,

2001, and after considering comments on the notice published

in the Federal Register for January 5, 2000 (65 Fed. Reg.

559 et seq.), the Administrator shall issue a final rule on

the certification of screening companies.

‘‘(2) CLASSROOM INSTRUCTION.—

‘‘(A) IN GENERAL.—As part of the final rule, the

Administrator shall prescribe minimum standards for

training security screeners that include at least 40 hours

of classroom instruction before an individual is qualified

to provide security screening services under section 44901.

‘‘(B) CLASSROOM EQUIVALENCY.—Instead of the 40

hours of classroom instruction required under subparagraph (A), the final rule may allow an individual to qualify

to provide security screening services if that individual

has successfully completed a program that the Administrator determines will train individuals to a level of proficiency equivalent to the level that would be achieved

by the classroom instruction under subparagraph (A).

‘‘(3) ON-THE-JOB TRAINING.—In addition to the requirements

of paragraph (2), as part of the final rule, the Administrator

shall require that before an individual may exercise independent judgment as a security screener under section 44901,

the individual shall—

‘‘(A) complete 40 hours of on-the-job training as a security screener; and

Deadline.

Notification.

114 STAT. 2520 PUBLIC LAW 106–528—NOV. 22, 2000

‘‘(B) successfully complete an on-the-job training examination prescribed by the Administrator.’’.

(b) COMPUTER-BASED TRAINING FACILITIES.—Section 44935 of

title 49, United States Code, is further amended by adding at

the end the following:

‘‘(f) ACCESSIBILITY OF COMPUTER-BASED TRAINING FACILITIES.—

The Administrator shall work with air carriers and airports to

ensure that computer-based training facilities intended for use by

security screeners at an airport regularly serving an air carrier

holding a certificate issued by the Secretary of Transportation are

conveniently located for that airport and easily accessible.’’.

SEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL.

Section 44903 of title 49, United States Code, is amended

by adding at the end the following:

‘‘(g) IMPROVEMENT OF SECURED-AREA ACCESS CONTROL.—

‘‘(1) ENFORCEMENT.—

‘‘(A) ADMINISTRATOR TO PUBLISH SANCTIONS.—The

Administrator shall publish in the Federal Register a list

of sanctions for use as guidelines in the discipline of

employees for infractions of airport access control requirements. The guidelines shall incorporate a progressive disciplinary approach that relates proposed sanctions to the

severity or recurring nature of the infraction and shall

include measures such as remedial training, suspension

from security-related duties, suspension from all duties

without pay, and termination of employment.

‘‘(B) USE OF SANCTIONS.—Each airport operator, air

carrier, and security screening company shall include the

list of sanctions published by the Administrator in its security program. The security program shall include a process

for taking prompt disciplinary action against an employee

who commits an infraction of airport access control requirements.

‘‘(2) IMPROVEMENTS.—The Administrator shall—

‘‘(A) work with airport operators and air carriers to

implement and strengthen existing controls to eliminate

airport access control weaknesses by January 31, 2001;

‘‘(B) require airport operators and air carriers to

develop and implement comprehensive and recurring

training programs that teach employees their roles in airport security, the importance of their participation, how

their performance will be evaluated, and what action will

be taken if they fail to perform;

‘‘(C) require airport operators and air carriers to

develop and implement programs that foster and reward

compliance with airport access control requirements and

discourage and penalize noncompliance in accordance with

guidelines issued by the Administrator to measure

employee compliance;

‘‘(D) assess and test for compliance with access control

requirements, report findings, and assess penalties or take

other appropriate enforcement actions when noncompliance

is found;

‘‘(E) improve and better administer the Administrator’s

security database to ensure its efficiency, reliability, and

Deadlines.

Federal Register,

publication.

49 USC 44935.

PUBLIC LAW 106–528—NOV. 22, 2000 114 STAT. 2521

usefulness for identification of systemic problems and

allocation of resources; ‘‘(F) improve the execution of the Administrator’s

quality control program by January 31, 2001; and ‘‘(G) require airport operators and air carriers to

strengthen access control points in secured areas (including

air traffic control operations areas) to ensure the security

of passengers and aircraft by January 31, 2001.’’.

SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.

(a) IN GENERAL.—In order to ensure physical security at Federal Aviation Administration staffed facilities that house air traffic

control systems, the Administrator of the Federal Aviation Administration shall act immediately to— (1) correct physical security weaknesses at air traffic control

facilities so the facilities can be granted physical security

accreditation not later than April 30, 2004; and

(2) ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control facilities.

(b) REPORTS.—Not later than April 30, 2001, and annually

thereafter through April 30, 2004, the Administrator shall transmit

to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Transportation and Infrastructure

of the House of Representatives a report on the progress being

made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been

granted physical security accreditation.

SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.

Section 44903(c)(2) of title 49, United States Code, is amended

by adding at the end the following:

‘‘(C) MANUAL PROCESS.—

‘‘(i) IN GENERAL.—The Administrator shall issue

an amendment to air carrier security programs to

require a manual process, at explosive detection system

screen locations in airports where explosive detection

equipment is underutilized, which will augment the

Computer Assisted Passenger Prescreening System by

randomly selecting additional checked bags for

screening so that a minimum number of bags, as prescribed by the Administrator, are examined. ‘‘(ii) LIMITATION ON STATUTORY CONSTRUCTION.— Clause (i) shall not be construed to limit the ability

of the Administrator to impose additional security

measures on an air carrier or a foreign air carrier

when a specific threat warrants such additional measures.‘‘(iii) MAXIMUM USE OF EXPLOSIVE DETECTION

EQUIPMENT.—In prescribing the minimum number of

bags to be examined under clause (i), the Administrator

shall seek to maximize the use of the explosive detection equipment.’’.

SEC. 7. AIRPORT NOISE STUDY.

(a) IN GENERAL.—Section 745 of the Wendell H. Ford Aviation

Investment and Reform Act for the 21st Century (49 U.S.C. 47501

note; 114 Stat. 178) is amended—

Deadline.

49 USC 44903

note.

114 STAT. 2522 PUBLIC LAW 106–528—NOV. 22, 2000

(1) in the section heading by striking ‘‘GENERAL

ACCOUNTING OFFICE’’;

(2) in subsection (a) by striking ‘‘Comptroller General of

the United States shall’’ and inserting ‘‘Secretary shall enter

into an agreement with the National Academy of Sciences to’’;

(3) in subsection (b)—

(A) by striking ‘‘Comptroller General’’ and inserting

‘‘National Academy of Sciences’’;

(B) by striking paragraph (1);

(C) by adding ‘‘and’’ at the end of paragraph (4);

(D) by striking ‘‘; and’’ at the end of paragraph (5)

and inserting a period;

(E) by striking paragraph (6); and

(F) by redesignating paragraphs (2), (3), (4), and (5)

as paragraphs (1), (2), (3), and (4), respectively;

(4) by striking subsection (c) and inserting the following:

‘‘(c) REPORT.—Not later than 18 months after the date of the

agreement entered into under subsection (a), the National Academy

of Sciences shall transmit to the Secretary a report on the results

of the study. Upon receipt of the report, the Secretary shall transmit

a copy of the report to the appropriate committees of Congress.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated such sums as may be necessary to carry out

this section.’’.

(b) CONFORMING AMENDMENT.—The table of contents for such

Act (114 Stat. 61 et seq.) is amended by striking the item relating

to section 745 and inserting the following:

‘‘Sec. 745. Airport noise study.’’.

SEC. 8. TECHNICAL AMENDMENTS.

(a) FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL.—Section 106(p)(2) is amended by striking ‘‘15’’ and inserting ‘‘18’’.

(b) NATIONAL PARKS AIR TOUR MANAGEMENT.—Title VIII of

the Wendell H. Ford Aviation Investment and Reform Act for the

21st Century (49 U.S.C. 40128 note; 114 Stat. 185 et seq.) is

amended—

(1) in section 803(c) by striking ‘‘40126’’ each place it

appears and inserting ‘‘40128’’;

(2) in section 804(b) by striking ‘‘40126(e)(4)’’ and inserting

‘‘40128(f)’’; and

(3) in section 806 by striking ‘‘40126’’ and inserting ‘‘40128’’. (c) RESTATEMENT OF PROVISION WITHOUT SUBSTANTIVE

CHANGE.—Section 41104(b) of title 49, United States Code, is

amended—

(1) by striking paragraph (1) and inserting the following:

‘‘(1) IN GENERAL.—Except as provided in paragraph (3),

an air carrier, including an indirect air carrier, may not provide,

in aircraft designed for more than 9 passenger seats, regularly

scheduled charter air transportation for which the public is

provided in advance a schedule containing the departure location, departure time, and arrival location of the flight unless

such air transportation is to and from an airport that has

an airport operating certificate issued under part 139 of title

14, Code of Federal Regulations (or any subsequent similar

regulation).’’; and

(2) by adding at the end the following:

49 USC 106.

Deadline.

PUBLIC LAW 106–528—NOV. 22, 2000 114 STAT. 2523

LEGISLATIVE HISTORY—S. 2440:

SENATE REPORTS: No. 106–388 (Comm. on Commerce, Science, and Transportation).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 3, considered and passed Senate.

Oct. 23, considered and passed House, amended.

Oct. 25, Senate concurred in House amendment.

Æ

‘‘(3) EXCEPTION.—This subsection does not apply to any

airport in the State of Alaska or to any airport outside the

United States.’’.

SEC. 9. EFFECTIVE DATE.

Except as otherwise expressly provided, this Act and the

amendments made by this Act shall take effect 30 days after the

date of enactment of this Act.

Approved November 22, 2000.

49 USC 106 note.