article: 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.
summary: (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.