In the House of Representatives, U. S.,

October 23, 2000.

Resolved, That the bill from the Senate (S. 2440) entitled ‘‘An Act to amend title 49, United States Code, to improve airport security’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Airport Security Im3 provement Act of 2000’’.

4 SEC. 2. CRIMINAL HISTORY RECORD CHECKS.

5 (a) EXPANSION OF FAA ELECTRONIC PILOT PRO6 GRAM.—

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

8 the date of enactment of this Act, the Administrator

9 of the Federal Aviation Administration shall develop,

10 in consultation with the Office of Personnel Manage11 ment and the Federal Bureau of Investigation, the

12 pilot program for individual criminal history record

13 checks (known as the electronic fingerprint trans14 mission pilot project) into an aviation industry-wide

15 program.
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1 (2) LIMITATION.—The Administrator shall not

2 require any airport, air carrier, or screening com3 pany to participate in the program described in sub4 section (a) if the airport, air carrier, or screening

5 company determines that it would not be cost effective

6 for it to participate in the program and notifies the

7 Administrator of that determination.

8 (b) APPLICATION OF EXPANDED PROGRAM.—

9 (1) INTERIM REPORT.—Not later than 1 year

10 after the date of enactment of this Act, the Adminis11 trator shall transmit to the Committee on Commerce,

12 Science, and Transportation of the Senate and the

13 Committee on Transportation and Infrastructure of

14 the House of Representatives a report describing the

15 status of the Administrator’s efforts to utilize the pro16 gram described in subsection (a).

17 (2) NOTIFICATION CONCERNING SUFFICIENCY OF

18 OPERATION.—If the Administrator determines that

19 the program described in subsection (a) is not suffi20 ciently operational 2 years after the date of enactment

21 of this Act to permit its utilization in accordance

22 with subsection (a), the Administrator shall notify the

23 committees referred to in paragraph (1) of that deter24 mination.
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1 (c) CHANGES IN EXISTING REQUIREMENTS.—Section

2 44936(a)(1) of title 49, United States Code, is amended—

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

4 Administrator decides is necessary to ensure air

5 transportation security,’’;

6 (2) in subparagraph (D) by striking ‘‘as a

7 screener’’ and inserting ‘‘in the position for which the

8 individual applied’’; and

9 (3) by adding at the end the following:

10 ‘‘(E) CRIMINAL HISTORY RECORD CHECKS

11 FOR SCREENERS AND OTHERS.—

12 ‘‘(i) IN GENERAL.—A criminal history

13 record check shall be conducted for each in14 dividual who applies for a position de15 scribed in subparagraph (A), (B)(i), or

16 (B)(ii).

17 ‘‘(ii) SPECIAL TRANSITION RULE.—

18 During the 3-year period beginning on the

19 date of enactment of this subparagraph, an

20 individual described in clause (i) may be

21 employed in a position described in clause

22 (i)—

23 ‘‘(I) in the first 2 years of such 3-

24 year period, for a period of not to ex-
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1 ceed 45 days before a criminal history

2 record check is completed; and

3 ‘‘(II) in the third year of such 3-

4 year period, for a period of not to ex5 ceed 30 days before a criminal history

6 record check is completed,

7 if the request for the check has been sub8 mitted to the appropriate Federal agency

9 and the employment investigation has been

10 successfully completed.

11 ‘‘(iii) EMPLOYMENT INVESTIGATION

12 NOT REQUIRED FOR INDIVIDUALS SUBJECT

13 TO CRIMINAL HISTORY RECORD CHECK.—

14 An employment investigation shall not be

15 required for an individual who applies for

16 a position described in subparagraph (A),

17 (B)(i), or (B)(ii), if a criminal history

18 record check of the individual is completed

19 before the individual begins employment in

20 such position.

21 ‘‘(iv) EFFECTIVE DATE.—This sub22 paragraph shall take effect—

23 ‘‘(I) 30 days after the date of en24 actment of this subparagraph with re25 spect to individuals applying for a po-
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1 sition at an airport that is defined as

2 a Category X airport in the Federal

3 Aviation Administration approved air

4 carrier security programs required

5 under part 108 of title 14, Code of

6 Federal Regulations; and

7 ‘‘(II) 3 years after such date of

8 enactment with respect to individuals

9 applying for a position at any other

10 airport that is subject to the require11 ments of part 107 of such title.

12 ‘‘(F) EXEMPTION.—An employment inves13 tigation, including a criminal history record

14 check, shall not be required under this subsection

15 for an individual who is exempted under section

16 107.31(m) of title 14, Code of Federal Regula17 tions, as in effect on the date of enactment of this

18 subparagraph.’’.

19 (d) LIST OF OFFENSES BARRING EMPLOYMENT.—Sec20 tion 44936(b)(1)(B) of title 49, United States Code, is

21 amended—

22 (1) by inserting ‘‘(or found not guilty by reason

23 of insanity)’’ after ‘‘convicted’’;

24 (2) in clause (xi) by inserting ‘‘or felony un25 armed’’ after ‘‘armed’’;
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1 (3) by striking ‘‘or’’ at the end of clause (xii);

2 (4) by redesignating clause (xiii) as clause (xv)

3 and inserting after clause (xii) the following:

4 ‘‘(xiii) a felony involving a threat;

5 ‘‘(xiv) a felony involving—

6 ‘‘(I) willful destruction of prop7 erty;

8 ‘‘(II) importation or manufacture

9 of a controlled substance;

10 ‘‘(III) burglary;

11 ‘‘(IV) theft;

12 ‘‘(V) dishonesty, fraud, or mis13 representation;

14 ‘‘(VI) possession or distribution of

15 stolen property;

16 ‘‘(VII) aggravated assault;

17 ‘‘(VIII) bribery; and

18 ‘‘(IX) illegal possession of a con19 trolled substance punishable by a max20 imum term of imprisonment of more

21 than 1 year, or any other crime classi22 fied as a felony that the Administrator

23 determines indicates a propensity for

24 placing contraband aboard an aircraft

25 in return for money; or’’; and
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1 (5) in clause (xv) (as so redesignated) by striking

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

3 ‘‘clauses (i) through (xiv)’’.

4 SEC. 3. IMPROVED TRAINING.

5 (a) TRAINING STANDARDS FOR SCREENERS.—Section

6 44935 of title 49, United States Code, is amended by adding

7 at the end the following:

8 ‘‘(e) TRAINING STANDARDS FOR SCREENERS.—

9 ‘‘(1) ISSUANCE OF FINAL RULE.—Not later than

10 May 31, 2001, and after considering comments on the

11 notice published in the Federal Register for January

12 5, 2000 (65 Fed. Reg. 559 et seq.), the Administrator

13 shall issue a final rule on the certification of screen14 ing companies.

15 ‘‘(2) CLASSROOM INSTRUCTION.—

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

17 rule, the Administrator shall prescribe minimum

18 standards for training security screeners that in19 clude at least 40 hours of classroom instruction

20 before an individual is qualified to provide secu21 rity screening services under section 44901.

22 ‘‘(B) CLASSROOM EQUIVALENCY.—Instead

23 of the 40 hours of classroom instruction required

24 under subparagraph (A), the final rule may

25 allow an individual to qualify to provide secu-
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1 rity screening services if that individual has suc2 cessfully completed a program that the Adminis3 trator determines will train individuals to a

4 level of proficiency equivalent to the level that

5 would be achieved by the classroom instruction

6 under subparagraph (A).

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

8 requirements of paragraph (2), as part of the final

9 rule, the Administrator shall require that before an

10 individual may exercise independent judgment as a

11 security screener under section 44901, the individual

12 shall—

13 ‘‘(A) complete 40 hours of on-the-job train14 ing as a security screener; and

15 ‘‘(B) successfully complete an on-the-job

16 training examination prescribed by the Adminis17 trator.’’.

18 (b) COMPUTER-BASED TRAINING FACILITIES.—Sec19 tion 44935 of title 49, United States Code, is further

20 amended by adding at the end the following:

21 ‘‘(f) ACCESSIBILITY OF COMPUTER-BASED TRAINING

22 FACILITIES.—The Administrator shall work with air car23 riers and airports to ensure that computer-based training

24 facilities intended for use by security screeners at an air25 port regularly serving an air carrier holding a certificate
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1 issued by the Secretary of Transportation are conveniently

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

3 SEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL.

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

5 amended by adding at the end the following:

6 ‘‘(g) IMPROVEMENT OF SECURED-AREA ACCESS CON7 TROL.—

8 ‘‘(1) ENFORCEMENT.—

9 ‘‘(A) ADMINISTRATOR TO PUBLISH SANC10 TIONS.—The Administrator shall publish in the

11 Federal Register a list of sanctions for use as

12 guidelines in the discipline of employees for in13 fractions of airport access control requirements.

14 The guidelines shall incorporate a progressive

15 disciplinary approach that relates proposed

16 sanctions to the severity or recurring nature of

17 the infraction and shall include measures such as

18 remedial training, suspension from security-re19 lated duties, suspension from all duties without

20 pay, and termination of employment.

21 ‘‘(B) USE OF SANCTIONS.—Each airport

22 operator, air carrier, and security screening

23 company shall include the list of sanctions pub24 lished by the Administrator in its security pro25 gram. The security program shall include a
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1 process for taking prompt disciplinary action

2 against an employee who commits an infraction

3 of airport access control requirements.

4 ‘‘(2) IMPROVEMENTS.—The Administrator

5 shall—

6 ‘‘(A) work with airport operators and air

7 carriers to implement and strengthen existing

8 controls to eliminate airport access control weak9 nesses by January 31, 2001;

10 ‘‘(B) require airport operators and air car11 riers to develop and implement comprehensive

12 and recurring training programs that teach em13 ployees their roles in airport security, the impor14 tance of their participation, how their perform15 ance will be evaluated, and what action will be

16 taken if they fail to perform;

17 ‘‘(C) require airport operators and air car18 riers to develop and implement programs that

19 foster and reward compliance with airport access

20 control requirements and discourage and penal21 ize noncompliance in accordance with guidelines

22 issued by the Administrator to measure employee

23 compliance;

24 ‘‘(D) assess and test for compliance with ac25 cess control requirements, report findings, and
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1 assess penalties or take other appropriate en2 forcement actions when noncompliance is found;

3 ‘‘(E) improve and better administer the Ad4 ministrator’s security database to ensure its effi5 ciency, reliability, and usefulness for identifica6 tion of systemic problems and allocation of re7 sources;

8 ‘‘(F) improve the execution of the Adminis9 trator’s quality control program by January 31,

10 2001; and

11 ‘‘(G) require airport operators and air car12 riers to strengthen access control points in se13 cured areas (including air traffic control oper14 ations areas) to ensure the security of passengers

15 and aircraft by January 31, 2001.’’.

16 SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.

17 (a) IN GENERAL.—In order to ensure physical security

18 at Federal Aviation Administration staffed facilities that

19 house air traffic control systems, the Administrator of the

20 Federal Aviation Administration shall act immediately

21 to—

22 (1) correct physical security weaknesses at

23 air traffic control facilities so the facilities can

24 be granted physical security accreditation not

25 later than April 30, 2004; and
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1 (2) ensure that follow-up inspections are

2 conducted, deficiencies are promptly corrected,

3 and accreditation is kept current for all air traf4 fic control facilities.

5 (b) REPORTS.—Not later than April 30, 2001, and an6 nually thereafter through April 30, 2004, the Administrator

7 shall transmit to the Committee on Commerce, Science, and

8 Transportation of the Senate and the Committee on Trans9 portation and Infrastructure of the House of Representa10 tives a report on the progress being made in improving the

11 physical security of air traffic control facilities, including

12 the percentage of such facilities that have been granted

13 physical security accreditation.

14 SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.

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

16 amended by adding at the end the following:

17 ‘‘(C) MANUAL PROCESS.—

18 ‘‘(i) IN GENERAL.—The Administrator

19 shall issue an amendment to air carrier se20 curity programs to require a manual proc21 ess, at explosive detection system screen lo22 cations in airports where explosive detection

23 equipment is underutilized, which will aug24 ment the Computer Assisted Passenger

25 Prescreening System by randomly selecting
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1 additional checked bags for screening so that

2 a minimum number of bags, as prescribed

3 by the Administrator, are examined.

4 ‘‘(ii) LIMITATION ON STATUTORY CON5 STRUCTION.—Clause (i) shall not be con6 strued to limit the ability of the Adminis7 trator to impose additional security meas8 ures on an air carrier or a foreign air car9 rier when a specific threat warrants such

10 additional measures.

11 ‘‘(iii) MAXIMUM USE OF EXPLOSIVE

12 DETECTION EQUIPMENT.—In prescribing

13 the minimum number of bags to be exam14 ined under clause (i), the Administrator

15 shall seek to maximize the use of the explo16 sive detection equipment.’’.

17 SEC. 7. AIRPORT NOISE STUDY.

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

19 Aviation Investment and Reform Act for the 21st Century

20 (49 U.S.C. 47501 note; 114 Stat. 178) is amended—

21 (1) in the section heading by striking ‘‘GEN22 ERAL ACCOUNTING OFFICE’’;

23 (2) in subsection (a) by striking ‘‘Comptroller

24 General of the United States shall’’ and inserting
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1 ‘‘Secretary shall enter into an agreement with the Na2 tional Academy of Sciences to’’;

3 (3) in subsection (b)—

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

5 inserting ‘‘National Academy of Sciences’’;

6 (B) by striking paragraph (1);

7 (C) by adding ‘‘and’’ at the end of para8 graph (4);

9 (D) by striking ‘‘; and’’ at the end of para10 graph (5) and inserting a period;

11 (E) by striking paragraph (6); and

12 (F) by redesignating paragraphs (2), (3),

13 (4), and (5) as paragraphs (1), (2), (3), and (4),

14 respectively;

15 (4) by striking subsection (c) and inserting the

16 following:

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

18 of the agreement entered into under subsection (a), the Na19 tional Academy of Sciences shall transmit to the Secretary

20 a report on the results of the study. Upon receipt of the

21 report, the Secretary shall transmit a copy of the report

22 to the appropriate committees of Congress.’’.

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

24 authorized to be appropriated such sums as may be nec25 essary to carry out this section.’’.
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1 (b) CONFORMING AMENDMENT.—The table of contents

2 for such Act (114 Stat. 61 et seq.) is amended by striking

3 item relating to section 745 and inserting the following:

‘‘Sec. 745. Airport noise study.’’.

4 SEC. 8. TECHNICAL AMENDMENTS.

5 (a) FEDERAL AVIATION MANAGEMENT ADVISORY

6 COUNCIL.—Section 106(p)(2) is amended by striking ‘‘15’’

7 and inserting ‘‘18’’.

8 (b) NATIONAL PARKS AIR TOUR MANAGEMENT.—Title

9 VIII of the Wendell H. Ford Aviation Investment and Re10 form Act for the 21st Century (49 U.S.C. 40128 note; 114

11 Stat. 185 et seq.) is amended—

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

13 place it appears and inserting ‘‘40128’’;

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

15 and inserting ‘‘40128(f)’’; and

16 (3) in section 806 by striking ‘‘40126’’ and in17 serting ‘‘40128’’.

18 (c) RESTATEMENT OF PROVISION WITHOUT SUB19 STANTIVE CHANGE.—Section 41104(b) of title 49, United

20 States Code, is amended—

21 (1) by striking paragraph (1) and inserting the

22 following:

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (3), an air carrier, including an indirect air

25 carrier, may not provide, in aircraft designed for
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1 more than 9 passenger seats, regularly scheduled char2 ter air transportation for which the public is pro3 vided in advance a schedule containing the departure

4 location, departure time, and arrival location of the

5 flight unless such air transportation is to and from

6 an airport that has an airport operating certificate

7 issued under part 139 of title 14, Code or Federal

8 Regulations (or any subsequent similar regulation).’’;

9 and

10 (2) by adding at the end the following:

11 ‘‘(3) EXCEPTION.—This subsection does not

12 apply to any airport in the State of Alaska or to any

13 airport outside the United States.’’.

14 SEC. 9. EFFECTIVE DATE.

15 Except as otherwise expressly provided, this Act and

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

17 after the date of enactment of this Act.

Attest:

Clerk.
106TH CONGRESS

2D SESSION S. 2440

AMENDMENT