text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Airport Security Improvement Act of 
  2000''.
  
  SEC. 2. CRIMINAL HISTORY RECORD CHECKS.
  
      (a) Expansion of FAA Electronic Pilot Program.--
          (1) In general.--Not later than 2 years after the date of 
      enactment of this Act, the Administrator of the Federal Aviation 
      Administration shall develop, in consultation with the Office of 
      Personnel Management and the Federal Bureau of Investigation, the 
      pilot program for individual criminal history record checks (known 
      as the electronic fingerprint transmission pilot project) into an 
      aviation industry-wide program.
          (2) Limitation.--The Administrator shall not require any 
      airport, air carrier, or screening company to participate in the 
      program described in subsection (a) if the airport, air carrier, or 
      screening company determines that it would not be cost effective 
      for it to participate in the program and notifies the Administrator 
      of that determination.
      (b) Application of Expanded Program.--
          (1) Interim report.--Not later than 1 year after the date of 
      enactment of this Act, the Administrator shall transmit to the 
      Committee on Commerce, Science, and Transportation of the Senate 
      and the Committee on Transportation and Infrastructure of the House 
      of Representatives a report describing the status of the 
      Administrator's efforts to utilize the program described in 
      subsection (a).
          (2) Notification concerning sufficiency of operation.--If the 
      Administrator determines that the program described in subsection 
      (a) is not sufficiently operational 2 years after the date of 
      enactment of this Act to permit its utilization in accordance with 
      subsection (a), the Administrator shall notify the committees 
      referred to in paragraph (1) of that determination.
      (c) Changes in Existing Requirements.--Section 44936(a)(1) of title 
  49, United States Code, is amended--
          (1) in subparagraph (A) by striking ``, as the Administrator 
      decides is necessary to ensure air transportation security,'';
          (2) in subparagraph (D) by striking ``as a screener'' and 
      inserting ``in the position for which the individual applied''; and
          (3) by adding at the end the following:
              ``(E) Criminal history record checks for screeners and 
          others.--
                  ``(i) In general.--A criminal history record check 
              shall be conducted for each individual who applies for a 
              position described in subparagraph (A), (B)(i), or (B)(ii).
                  ``(ii) Special transition rule.--During the 3-year 
              period beginning on the date of enactment of this 
              subparagraph, an individual described in clause (i) may be 
              employed in a position described in clause (i)--
  
                      ``(I) in the first 2 years of such 3-year period, 
                  for a period of not to exceed 45 days before a criminal 
                  history record check is completed; and
                      ``(II) in the third year of such 3-year period, for 
                  a period of not to exceed 30 days before a criminal 
                  history record check is completed,
  
              if the request for the check has been submitted to the 
              appropriate Federal agency and the employment investigation 
              has been successfully completed.
                  ``(iii) Employment investigation not required for 
              individuals subject to criminal history record check.--An 
              employment investigation shall not be required for an 
              individual who applies for a position described in 
              subparagraph (A), (B)(i), or (B)(ii), if a criminal history 
              record check of the individual is completed before the 
              individual begins employment in such position.
                  ``(iv) Effective date.--This subparagraph shall take 
              effect--
  
                      ``(I) 30 days after the date of enactment of this 
                  subparagraph with respect to individuals applying for a 
                  position at an airport that is defined as a Category X 
                  airport in the Federal Aviation Administration approved 
                  air carrier security programs required under part 108 
                  of title 14, Code of Federal Regulations; and
                      ``(II) 3 years after such date of enactment with 
                  respect to individuals applying for a position at any 
                  other airport that is subject to the requirements of 
                  part 107 of such title.
  
              ``(F) Exemption.--An employment investigation, including a 
          criminal history record check, shall not be required under this 
          subsection for an individual who is exempted under section 
          107.31(m) of title 14, Code of Federal Regulations, as in 
          effect on the date of enactment of this subparagraph.''.
      (d) List of Offenses Barring Employment.--Section 44936(b)(1)(B) of 
  title 49, United States Code, is amended--
          (1) by inserting ``(or found not guilty by reason of 
      insanity)'' after ``convicted'';
          (2) in clause (xi) by inserting ``or felony unarmed'' after 
      ``armed'';
          (3) by striking ``or'' at the end of clause (xii);
          (4) by redesignating clause (xiii) as clause (xv) and inserting 
      after clause (xii) the following:
                  ``(xiii) a felony involving a threat;
                  ``(xiv) a felony involving--
  
                      ``(I) willful destruction of property;
                      ``(II) importation or manufacture of a controlled 
                  substance;
                      ``(III) burglary;
                      ``(IV) theft;
                      ``(V) dishonesty, fraud, or misrepresentation;
                      ``(VI) possession or distribution of stolen 
                  property;
                      ``(VII) aggravated assault;
                      ``(VIII) bribery; and
                      ``(IX) illegal possession of a controlled substance 
                  punishable by a maximum term of imprisonment of more 
                  than 1 year, or any other crime classified as a felony 
                  that the Administrator determines indicates a 
                  propensity for placing contraband aboard an aircraft in 
                  return for money; or''; and
  
          (5) in clause (xv) (as so redesignated) by striking ``clauses 
      (i)-(xii) of this paragraph'' and inserting ``clauses (i) through 
      (xiv)''.
  
  SEC. 3. IMPROVED TRAINING.
  
      (a) Training Standards for Screeners.--Section 44935 of title 49, 
  United States Code, is amended by adding at the end the following:
      ``(e) Training Standards for Screeners.--
          ``(1) Issuance of final rule.--Not later than May 31, 2001, and 
      after considering comments on the notice published in the Federal 
      Register for January 5, 2000 (65 Fed. Reg. 559 et seq.), the 
      Administrator shall issue a final rule on the certification of 
      screening companies.
          ``(2) Classroom instruction.--
              ``(A) In general.--As part of the final rule, the 
          Administrator shall prescribe minimum standards for training 
          security screeners that include at least 40 hours of classroom 
          instruction before an individual is qualified to provide 
          security screening services under section 44901.
              ``(B) Classroom equivalency.--Instead of the 40 hours of 
          classroom instruction required under subparagraph (A), the 
          final rule may allow an individual to qualify to provide 
          security screening services if that individual has successfully 
          completed a program that the Administrator determines will 
          train individuals to a level of proficiency equivalent to the 
          level that would be achieved by the classroom instruction under 
          subparagraph (A).
          ``(3) On-the-job training.--In addition to the requirements of 
      paragraph (2), as part of the final rule, the Administrator shall 
      require that before an individual may exercise independent judgment 
      as a security screener under section 44901, the individual shall--
              ``(A) complete 40 hours of on-the-job training as a 
          security screener; and
              ``(B) successfully complete an on-the-job training 
          examination prescribed by the Administrator.''.
      (b) Computer-Based Training Facilities.--Section 44935 of title 49, 
  United States Code, is further amended by adding at the end the 
  following:
      ``(f) Accessibility of Computer-Based Training Facilities.--The 
  Administrator shall work with air carriers and airports to ensure that 
  computer-based training facilities intended for use by security 
  screeners at an airport regularly serving an air carrier holding a 
  certificate issued by the Secretary of Transportation are conveniently 
  located for that airport and easily accessible.''.
  
  SEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL.
  
      Section 44903 of title 49, United States Code, is amended by adding 
  at the end the following:
      ``(g) Improvement of Secured-Area Access Control.--
          ``(1) Enforcement.--
              ``(A) Administrator to publish sanctions.--The 
          Administrator shall publish in the Federal Register a list of 
          sanctions for use as guidelines in the discipline of employees 
          for infractions of airport access control requirements. The 
          guidelines shall incorporate a progressive disciplinary 
          approach that relates proposed sanctions to the severity or 
          recurring nature of the infraction and shall include measures 
          such as remedial training, suspension from security-related 
          duties, suspension from all duties without pay, and termination 
          of employment.
              ``(B) Use of sanctions.--Each airport operator, air 
          carrier, and security screening company shall include the list 
          of sanctions published by the Administrator in its security 
          program. The security program shall include a process for 
          taking prompt disciplinary action against an employee who 
          commits an infraction of airport access control requirements.
          ``(2) Improvements.--The Administrator shall--
              ``(A) work with airport operators and air carriers to 
          implement and strengthen existing controls to eliminate airport 
          access control weaknesses by January 31, 2001;
              ``(B) require airport operators and air carriers to develop 
          and implement comprehensive and recurring training programs 
          that teach employees their roles in airport security, the 
          importance of their participation, how their performance will 
          be evaluated, and what action will be taken if they fail to 
          perform;
              ``(C) require airport operators and air carriers to develop 
          and implement programs that foster and reward compliance with 
          airport access control requirements and discourage and penalize 
          noncompliance in accordance with guidelines issued by the 
          Administrator to measure employee compliance;
              ``(D) assess and test for compliance with access control 
          requirements, report findings, and assess penalties or take 
          other appropriate enforcement actions when noncompliance is 
          found;
              ``(E) improve and better administer the Administrator's 
          security database to ensure its efficiency, reliability, and 
          usefulness for identification of systemic problems and 
          allocation of resources;
              ``(F) improve the execution of the Administrator's quality 
          control program by January 31, 2001; and
              ``(G) require airport operators and air carriers to 
          strengthen access control points in secured areas (including 
          air traffic control operations areas) to ensure the security of 
          passengers and aircraft by January 31, 2001.''.
  
  SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.
  
      (a) In General.--In order to ensure physical security at Federal 
  Aviation Administration staffed facilities that house air traffic 
  control systems, the Administrator of the Federal Aviation 
  Administration shall act immediately to--
          (1) correct physical security weaknesses at air traffic control 
      facilities so the facilities can be granted physical security 
      accreditation not later than April 30, 2004; and
          (2) ensure that follow-up inspections are conducted, 
      deficiencies are promptly corrected, and accreditation is kept 
      current for all air traffic control facilities.
      (b) Reports.--Not later than April 30, 2001, and annually 
  thereafter through April 30, 2004, the Administrator shall transmit to 
  the Committee on Commerce, Science, and Transportation of the Senate 
  and the Committee on Transportation and Infrastructure of the House of 
  Representatives a report on the progress being made in improving the 
  physical security of air traffic control facilities, including the 
  percentage of such facilities that have been granted physical security 
  accreditation.
  
  SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.
  
      Section 44903(c)(2) of title 49, United States Code, is amended by 
  adding at the end the following:
              ``(C) Manual process.--
                  ``(i) In general.--The Administrator shall issue an 
              amendment to air carrier security programs to require a 
              manual process, at explosive detection system screen 
              locations in airports where explosive detection equipment 
              is underutilized, which will augment the Computer Assisted 
              Passenger Prescreening System by randomly selecting 
              additional checked bags for screening so that a minimum 
              number of bags, as prescribed by the Administrator, are 
              examined.
                  ``(ii) Limitation on statutory construction.--Clause 
              (i) shall not be construed to limit the ability of the 
              Administrator to impose additional security measures on an 
              air carrier or a foreign air carrier when a specific threat 
              warrants such additional measures.
                  ``(iii) Maximum use of explosive detection equipment.--
              In prescribing the minimum number of bags to be examined 
              under clause (i), the Administrator shall seek to maximize 
              the use of the explosive detection equipment.''.
  
  SEC. 7. AIRPORT NOISE STUDY.
  
      (a) In General.--Section 745 of the Wendell H. Ford Aviation 
  Investment and Reform Act for the 21st Century (49 U.S.C. 47501 note; 
  114 Stat. 178) is amended--
          (1) in the section heading by striking ``general accounting 
      office'';
          (2) in subsection (a) by striking ``Comptroller General of the 
      United States shall'' and inserting ``Secretary shall enter into an 
      agreement with the National Academy of Sciences to'';
          (3) in subsection (b)--
              (A) by striking ``Comptroller General'' and inserting 
          ``National Academy of Sciences'';
              (B) by striking paragraph (1);
              (C) by adding ``and'' at the end of paragraph (4);
              (D) by striking ``; and'' at the end of paragraph (5) and 
          inserting a period;
              (E) by striking paragraph (6); and
              (F) by redesignating paragraphs (2), (3), (4), and (5) as 
          paragraphs (1), (2), (3), and (4), respectively;
          (4) by striking subsection (c) and inserting the following:
      ``(c) Report.--Not later than 18 months after the date of the 
  agreement entered into under subsection (a), the National Academy of 
  Sciences shall transmit to the Secretary a report on the results of the 
  study. Upon receipt of the report, the Secretary shall transmit a copy 
  of the report to the appropriate committees of Congress.
      ``(d) Authorization of Appropriations.--There is authorized to be 
  appropriated such sums as may be necessary to carry out this 
  section.''.
      (b) Conforming Amendment.--The table of contents for such Act (114 
  Stat. 61 et seq.) is amended by striking the item relating to section 
  745 and inserting the following:
  ``Sec. 745. Airport noise study.''.
  
  SEC. 8. TECHNICAL AMENDMENTS.
  
      (a) Federal Aviation Management Advisory Council.--Section 
  106(p)(2) is amended by striking ``15'' and inserting ``18''.
      (b) National Parks Air Tour Management.--Title VIII of the Wendell 
  H. Ford Aviation Investment and Reform Act for the 21st Century (49 
  U.S.C. 40128 note; 114 Stat. 185 et seq.) is amended--
          (1) in section 803(c) by striking ``40126'' each place it 
      appears and inserting ``40128'';
          (2) in section 804(b) by striking ``40126(e)(4)'' and inserting 
      ``40128(f)''; and
          (3) in section 806 by striking ``40126'' and inserting 
      ``40128''.
      (c) Restatement of Provision Without Substantive Change.--Section 
  41104(b) of title 49, United States Code, is amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(1) In general.--Except as provided in paragraph (3), an air 
      carrier, including an indirect air carrier, may not provide, in 
      aircraft designed for more than 9 passenger seats, regularly 
      scheduled charter air transportation for which the public is 
      provided in advance a schedule containing the departure location, 
      departure time, and arrival location of the flight unless such air 
      transportation is to and from an airport that has an airport 
      operating certificate issued under part 139 of title 14, Code of 
      Federal Regulations (or any subsequent similar regulation).''; and
          (2) by adding at the end the following:
          ``(3) Exception.--This subsection does not apply to any airport 
      in the State of Alaska or to any airport outside the United 
      States.''.
  
  SEC. 9. EFFECTIVE DATE.
  
      Except as otherwise expressly provided, this Act and the amendments 
  made by this Act shall take effect 30 days after the date of enactment 
  of this Act.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: (Sec. 2) Amends Federal aviation law to require that a criminal history record check (fingerprint check) be done for any individual applying for a position as a security screener, a screener supervisor, or that will allow unescorted access to an aircraft or a secured area of an airport. Allows such persons during the first three years to work temporarily without a fingerprint check (provided such fingerprints have been submitted and an employment investigation has found no cause for suspicion) for 45 days during the first two years of such three year period, and for 30 days during the third year of such period. Requires all new employees, after the temporary periods, to have a fingerprint check before beginning work. Declares that an employment investigation shall not be required for an individual if a criminal history record check is completed before the individual begins working. Sets forth specified exceptions to the requirements of this Act.
  Lists additional crimes in the past ten years preceding an employment investigation for which an individual will be barred from employment in a position as a security screener or a position that will allow unescorted access.
  (Sec. 3) Directs the Administrator to issue a final rule on the certification of screening companies.
  Establishes new minimum standards for the training of security screeners.
  Directs the Administrator to work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport are conveniently located and easily accessible.
  (Sec. 4) Requires each airport operator, air carrier, and security screening company to include a list of sanctions published by the Administrator in its security program for use as guidelines in the discipline of its employees for infractions of airport access control requirements. Requires the Administrator to work with airport operators and air carriers to improve airport access controls by January 31, 2001.
  (Sec. 5) Directs the Administrator to take certain actions to ensure physical security at FAA staffed facilities that house air traffic control systems. Requires the Administrator to report to specified congressional committees on progress made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation.
  (Sec. 6) Directs the Administrator to issue an amendment to air carrier security programs to require a manual process which will increase the number of checked bags that are selected for screening by explosive detection systems.
  (Sec. 7) Amends the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century to require the Secretary of Transportation to enter into an agreement with the National Academy of Sciences (currently, the General Accounting Office) to conduct a certain airport noise study. Requires the National Academy of Sciences to report the results of such study to the Secretary.
  Authorizes appropriations.
  (Sec. 8) Revises the total number of members of the Federal Aviation Management Advisory Council.
feat_title: Airport Security Improvement Act of 2000