| Home > 106th Congressional Bills > S. 2440 (enr) To amend title 49, United States Code, to improve airport security. [Enrolled bill] ...
S. 2440 (enr) To amend title 49, United States Code, to improve airport security. [Enrolled bill] ...
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: 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,''; (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); (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 ``(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 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
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