S. 2440 (es) To amend title 49, United States Code, to improve airport security. [Engrossed in Senate] ...

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        S.2440

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
   To amend title 49, United States Code, to improve airport security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airport Security Improvement Act of 
2000''.

SEC. 2. CRIMINAL HISTORY RECORD CHECKS.

    (a) Expansion of 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);

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