[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.