Airport Security Improvement Act of 2000
PL 106-528 (S.2440), enacted 11/22/2000

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 F A A 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 Eind 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 car-
rier, 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 Infra-
structure 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 
OPER-
ATION.—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,"; 
Nov. 22, 2000 
[S. 2440] 
Airport Security 
Improvement Act 
of2000. 
49 u s e 40101 
note. 
Deadlines. 
49 u s e 44936 
note. 
49 u s e 44936 
note. 
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 appHed"; 
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 emplo5mrient 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 com-
pleted 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 pro-
grams 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 require-
ments 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 107.3 l(m) of title 14, Code of Fed-
eral 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 con-
trolled substance; 
"(III) burglary; 
"(IV) theft; 
"(V) dishonesty, fraud, or misrepresentation; 
"(VI) possession or distribution of stolen prop-
erty; 
"(VII) aggravated assault; 
"(VIII) bribery; and 
"(DC) illegal possession of a controlled sub-
stance punishable by a maximum term of impris-
onment of more than 1 year, or any other crime 
classified as a felony that the Administrator deter-
mines indicates a propensity for placing contra-
band 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, Deadline. 
2001, and after considering comments on the notice published 
Notification. 
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 subpara-
graph (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 Adminis-
trator determines will train individuals to a level of pro-
ficiency 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 inde-
pendent judgment as a security screener under section 44901, 
the individual shall— 
"(A) complete 40 hours of on-the-job training as a secu-
rity screener; and 
114 STAT. 2520 
PUBLIC LAW 106-528—NOV. 22, 2000 
"(B) successfully complete an on-the-job training exam-
ination prescribed by the Administrator.", 
(b) COMPUTER-BASED TRAINING FACILITIES.—Section 44935 of 
49 use 44935. 
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.— 
Federal Register, 
"(A) ADMINISTRATOR TO PUBLISH 
SANCTIONS.—^The 
publication. 
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 require-
ments. The guidelines shall incorporate a progressive dis-
ciplinary 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 secu-
rity program. The security program shall include a process 
for taking prompt disciplinary action against an employee 
who commits an infraction of airport access control require-
ments. 
Deadlines. 
"(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 air-
port 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 
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. 
Deadline. 
(a) IN GE>fERAL.—In order to ensure physical security at Fed- note, 
eral Aviation Administration stEiffed facilities that house air traffic 
control systems, the Administrator of the Federal Aviation Adminis-
tration 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, defi-
ciencies are promptly corrected, and accreditation is kept cur-
rent 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 facili-
ties, 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 pre-
scribed 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 meas-
ures. 
"(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 detec-
tion 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— 
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: 
Deadline. 
"(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.—Sec-
49 use 106. 
tion 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 loca-
tion, 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: 
PUBLIC LAW 106-528—NOV. 22, 2000 
114 STAT. 2523 
"(3) EXCEPTION.—^This subsection does not apply to any 
airport in the State of Alaska or to any airport outside the 
United States.". 
SEC. 9. EFFECTIVE DATE. 
49 USC 106 note. 
Except as otherwise expressly provided, this Act and the 
amendments made by this Act shall take effect 30 days after the 
date of enactment of this Act. 
Approved November 22, 2000. 
LEGISLATIVE HISTORY—S. 2440: 
SENATE REPORTS: No. 106-388 (Comm. on Commerce, Science, and Transpor-
tation). 
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.