[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 636 Enrolled Bill (ENR)]
H.R.636
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To amend title 49, United States Code, to extend authorizations for the
airport improvement program, to amend the Internal Revenue Code of 1986
to extend the funding and expenditure authority of the Airport and
Airway Trust Fund, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``FAA Extension,
Safety, and Security Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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TITLE I

-FAA EXTENSION

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14d3608066b7e522cf3e70dece141c1d081b62412c9ba3b018a682cabb89ca23

TITLE II

-AVIATION SAFETY CRITICAL REFORMS

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authorization in support of firefighting operations and
utility restoration.

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emergency response effort by operation of unmanned aircraft.

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Subtitle C--Time Sensitive Aviation Reforms

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TITLE III

-AVIATION SECURITY

Subtitle B--Securing Aviation From Foreign Entry Points and Guarding
Airports Through Enhanced Security

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Subtitle C--Checkpoint Optimization and Efficiency

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Subtitle D--Aviation Security Enhancement and Oversight

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Security Administration.
Subtitle F--Miscellaneous Provisions

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In this Act, unless expressly provided otherwise, the term
``appropriate committees of Congress'' means the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
Subtitle A--Airport and Airway Programs

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(a) Authorization of Appropriations.--Section 48103(a) of title 49,
United States Code, is amended by striking ``fiscal years 2012 through
2015'' and all that follows through the period at the end and inserting
``fiscal years 2012 through 2017.''.
(b) Project Grant Authority.--Section 47104(c) of title 49, United
States Code, is amended in the matter preceding paragraph (1) by
striking ``July 15, 2016,'' and inserting ``September 30, 2017,''.

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(a) Section 47107(r)(3) of title 49, United States Code, is amended
by striking ``July 16, 2016'' and inserting ``October 1, 2017''.
(b) Section 47115(j) of title 49, United States Code, is amended by
striking ``fiscal years 2012 through 2015'' and all that follows
through ``July 15, 2016,'' and inserting ``fiscal years 2012 through
2017,''.
(c) Section 47124(b)(3)(E) of title 49, United States Code, is
amended by striking ``fiscal years 2012 through 2015'' and all that
follows through ``July 15, 2016,'' and inserting ``fiscal years 2012
through 2017''.
(d) Section 47141(f) of title 49, United States Code, is amended by
striking ``July 15, 2016'' and inserting ``September 30, 2017''.
(e) Section 41743(e)(2) of title 49, United States Code, is amended
by striking ``2015'' and inserting ``2017''.
(f) Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking ``fiscal
years 2012 through 2015'' and all that follows through ``July 15,
2016,'' and inserting ``fiscal years 2012 through 2017''.
(g) Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
``July 15, 2016'' and inserting ``September 30, 2017''.
(h) Section 140(c)(1) of the FAA Modernization and Reform Act of
2012 (126 Stat. 28) is amended--
(1) by striking ``fiscal years 2013 through 2016,'' and
inserting ``fiscal years 2013 through 2017,''; and
(2) by inserting before the period at the end the following:
``or an extension of this Act''.
(i) Section 332(c)(1) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note) is amended by striking ``5 years after the
date of enactment of this Act'' and inserting ``on September 30,
2019''.
(j) Section 411(h) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 42301 prec. note) is amended by striking ``July 15, 2016''
and inserting ``September 30, 2017''.
(k) Section 822(k) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 47141 note) is amended by striking ``July 15, 2016'' and
inserting ``September 30, 2017''.

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Section 106(k) of title 49, United States Code, is amended--
(1) by striking paragraph (1)(E) and inserting the following:
``(E) $9,909,724,000 for each of fiscal years 2016 and
2017.''; and
(2) in paragraph (3) by striking ``fiscal years 2012 through
2015'' and all that follows through ``July 15, 2016,'' and
inserting ``fiscal years 2012 through 2017,''.

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Section 48101(a)(5) of title 49, United States Code, is amended to
read as follows:
``(5) $2,855,000,000 for each of fiscal years 2016 and 2017.''.

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Section 48102(a)(9) of title 49, United States Code, is amended to
read as follows:
``(9) $166,000,000 for each of fiscal years 2016 and 2017.''.

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(a) In General.--Section 48114 of title 49, United States Code, is
amended--
(1) in subsection (a)(2) by striking ``fiscal year 2016,'' and
inserting ``fiscal year 2017,''; and
(2) in subsection (c)(2) by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017''.
(b) Compliance With Aviation Funding Requirement.--The budget
authority authorized in this title, including the amendments made by
this title, shall be deemed to satisfy the requirements of subsections
(a)(1)(B) and (a)(2) of section 48114 of title 49, United States Code,
for each of fiscal years 2016 and 2017.

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Section 41742(a)(2) of title 49, United States Code, is amended by
striking ``fiscal year 2014,'' and all that follows through ``July 15,
2016,'' and inserting ``fiscal year 2014, $93,000,000 for fiscal year
2015, and $175,000,000 for each of fiscal years 2016 and 2017''.
Subtitle B--Revenue Provisions

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(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) in the matter preceding subparagraph (A), by striking
``July 16, 2016'' and inserting ``October 1, 2017''; and
(2) in subparagraph (A), by striking the semicolon at the end
and inserting ``or the FAA Extension, Safety, and Security Act of
2016;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``July 16, 2016'' and inserting ``October 1,
2017''.

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(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``July 15, 2016'' and inserting
``September 30, 2017''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is amended
by striking ``July 15, 2016'' and inserting ``September 30, 2017''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``July 15, 2016'' and inserting ``September 30,
2017''.
(c) Fractional Ownership Programs.--
(1) Treatment as noncommercial aviation.--Section 4083(b) of
such Code is amended by striking ``July 16, 2016'' and inserting
``October 1, 2017''.
(2) Exemption from ticket taxes.--Section 4261(j) of such Code
is amended by striking ``July 15, 2016'' and inserting ``September
30, 2017''.
Subtitle A--Safety

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Section 44703(i)(2) of title 49, United States Code, is amended by
striking ``The Administrator shall establish'' and inserting ``Not
later than April 30, 2017, the Administrator shall establish and make
available for use''.

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Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall--
(1) develop a process to verify that air carrier training
programs incorporate measures to train pilots on--
(A) monitoring automation systems; and
(B) controlling the flightpath of aircraft without
autopilot or autoflight systems engaged;
(2) develop metrics or measurable tasks that air carriers can
use to evaluate pilot monitoring proficiency;
(3) issue guidance to aviation safety inspectors responsible
for oversight of the operations of air carriers on tracking and
assessing pilots' proficiency in manual flight; and
(4) issue guidance to air carriers and inspectors regarding
standards for compliance with the requirements for enhanced pilot
training contained in the final rule published in the Federal
Register on November 12, 2013 (78 Fed. Reg. 67800).

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Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall consider
the recommendations of the Pilot Fitness Aviation Rulemaking Committee
in determining whether to implement, as part of a comprehensive medical
certification process for pilots with a first- or second-class airman
medical certificate, additional screening for mental health conditions,
including depression and suicidal thoughts or tendencies, and assess
treatments that would address any risk associated with such conditions.

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(a) In General.--Beginning 90 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration, in
coordination with appropriate Federal law enforcement agencies, shall
provide quarterly updates to the appropriate committees of Congress
regarding--
(1) the number of incidents involving the beam from a laser
pointer (as defined in section 39A of title 18, United States Code)
being aimed at, or in the flight path of, an aircraft in the
airspace jurisdiction of the United States;
(2) the number of civil or criminal enforcement actions taken
by the Federal Aviation Administration, the Department of
Transportation, or another Federal agency with regard to the
incidents described in paragraph (1), including the amount of the
civil or criminal penalties imposed on violators;
(3) the resolution of any incidents described in paragraph (1)
that did not result in a civil or criminal enforcement action; and
(4) any actions the Department of Transportation or another
Federal agency has taken on its own, or in conjunction with other
Federal agencies or local law enforcement agencies, to deter the
type of activity described in paragraph (1).
(b) Civil Penalties.--The Administrator shall revise the maximum
civil penalty that may be imposed on an individual who aims the beam of
a laser pointer at an aircraft in the airspace jurisdiction of the
United States, or at the flight path of such an aircraft, to be
$25,000.

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Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall evaluate and
update, as necessary, standards for crash-resistant fuel systems for
civilian rotorcraft.

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(a) In General.--Section 44506 of title 49, United States Code, is
amended by adding at the end the following:
``(f) Hiring of Certain Air Traffic Control Specialists.--
``(1) Consideration of applicants.--
``(A) Ensuring selection of most qualified applicants.--In
appointing individuals to the position of air traffic
controller, the Administrator shall give preferential
consideration to qualified individuals maintaining 52
consecutive weeks of air traffic control experience involving
the full-time active separation of air traffic after receipt of
an air traffic certification or air traffic control facility
rating within 5 years of application while serving at--
``(i) a Federal Aviation Administration air traffic
control facility;
``(ii) a civilian or military air traffic control
facility of the Department of Defense; or
``(iii) a tower operating under contract with the
Federal Aviation Administration under section 47124.
``(B) Consideration of additional applicants.--
``(i) In general.--After giving preferential
consideration to applicants under subparagraph (A), the
Administrator shall consider additional applicants for the
position of air traffic controller by referring an
approximately equal number of individuals for appointment
among the 2 applicant pools described in this subparagraph.
The number of individuals referred for consideration from
each group shall not differ by more than 10 percent.
``(ii) Pool 1.--Pool 1 applicants are individuals who--
``(I) have successfully completed air traffic
controller training and graduated from an institution
participating in the Collegiate Training Initiative
program maintained under subsection (c)(1) and who have
received from the institution--
``(aa) an appropriate recommendation; or
``(bb) an endorsement certifying that the
individual would have met the requirements in
effect as of December 31, 2013, for an appropriate
recommendation;
``(II) are eligible for a veterans recruitment
appointment pursuant to section 4214 of title 38 and
provide a Certificate of Release or Discharge from
Active Duty within 120 days of the announcement
closing;
``(III) are eligible veterans (as defined in
section 4211 of title 38) maintaining aviation
experience obtained in the course of the individual's
military experience; or
``(IV) are preference eligible veterans (as defined
in section 2108 of title 5).
``(iii) Pool 2.--Pool 2 applicants are individuals who
apply under a vacancy announcement recruiting from all
United States citizens.
``(2) Use of biographical assessments.--
``(A) Biographical assessments.--The Administrator shall
not use any biographical assessment when hiring under paragraph
(1)(A) or paragraph (1)(B)(ii).
``(B) Reconsideration of applicants disqualified on basis
of biographical assessments.--
``(i) In general.--If an individual described in
paragraph (1)(A) or paragraph (1)(B)(ii), who applied for
the position of air traffic controller with the
Administration in response to Vacancy Announcement FAA-AMC-
14-ALLSRCE-33537 (issued on February 10, 2014), was
disqualified from the position as the result of a
biographical assessment, the Administrator shall provide
the applicant an opportunity to reapply for the position as
soon as practicable under the revised hiring practices.
``(ii) Waiver of age restriction.--The Administrator
shall waive any maximum age restriction for the position of
air traffic controller with the Administration that would
otherwise disqualify an individual from the position if the
individual--
``(I) is reapplying for the position pursuant to
clause (i) on or before December 31, 2017; and
``(II) met the maximum age requirement on the date
of the individual's previous application for the
position during the interim hiring process.
``(3) Maximum entry age for experienced controllers.--
Notwithstanding section 3307 of title 5, the maximum limit of age
for an original appointment to a position as an air traffic
controller shall be 35 years of age for those maintaining 52 weeks
of air traffic control experience involving the full-time active
separation of air traffic after receipt of an air traffic
certification or air traffic control facility rating in a civilian
or military air traffic control facility.''.
(b) Notification of Vacancies.--The Administrator of the Federal
Aviation Administration shall consider directly notifying secondary
schools and institutions of higher learning, including Historically
Black Colleges and Universities, Hispanic-serving institutions,
Minority Institutions, and Tribal Colleges and Universities, of a
vacancy announcement under section 44506(f)(1)(B)(iii) of title 49,
United States Code.

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DISABILITIES.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report assessing required air carrier
personnel and contractor training programs regarding the assistance of
persons with disabilities, including--
(1) variations in training programs between air carriers;
(2) instances since 2005 where the Department of Transportation
has requested that an air carrier take corrective action following
a review of the air carrier's training programs; and
(3) actions taken by air carriers following requests described
in paragraph (2).
(b) Best Practices.--After the date the report is submitted under
subsection (a), the Secretary of Transportation, based on the findings
of the report, shall develop, make publicly available, and
appropriately disseminate to air carriers such best practices as the
Secretary considers necessary to improve the reviewed training
programs.

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Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue the supplemental notice of
proposed rulemaking referenced in the Secretary's Report on Significant
Rulemakings, dated June 15, 2015, and assigned Regulation
Identification Number 2105-AE12.

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(a) In General.--Notwithstanding any other provision of law, and
subject to the requirements of subsection (b), the Administrator of the
FAA may enter into a reimbursable agreement with an applicant or
certificate-holder for the reasonable travel and per diem expenses of
the FAA associated with official travel to expedite the acceptance or
validation by a foreign authority of an FAA certificate or design
approval or the acceptance or validation by the FAA of a foreign
authority certificate or design approval.
(b) Conditions.--The Administrator may enter into an agreement
under subsection (a) only if--
(1) the travel covered under the agreement is deemed necessary,
by both the Administrator and the applicant or certificate-holder,
to expedite the acceptance or validation of the relevant
certificate or approval;
(2) the travel is conducted at the request of the applicant or
certificate-holder;
(3) travel plans and expenses are approved by the applicant or
certificate-holder prior to travel; and
(4) the agreement requires payment in advance of FAA services
and is consistent with the processes under section 106(l)(6) of
title 49, United States Code.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on--
(1) the number of occasions on which the Administrator entered
into reimbursable agreements under this section;
(2) the number of occasions on which the Administrator declined
a request by an applicant or certificate-holder to enter into a
reimbursable agreement under this section;
(3) the amount of reimbursements collected in accordance with
agreements under this section; and
(4) the extent to which reimbursable agreements under this
section assisted in reducing the amount of time necessary for
validations of certificates and design approvals.
(d) Definitions.--In this section, the following definitions apply:
(1) Applicant.--The term ``applicant'' means a person that
has--
(A) applied to a foreign authority for the acceptance or
validation of an FAA certificate or design approval; or
(B) applied to the FAA for the acceptance or validation of
a foreign authority certificate or design approval.
(2) Certificate-holder.--The term ``certificate-holder'' means
a person that holds a certificate issued by the Administrator under
part 21 of title 14, Code of Federal Regulations.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.

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(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall issue regulations to require the marking of covered towers.
(b) Marking Required.--The regulations under subsection (a) shall
require that a covered tower be clearly marked in a manner that is
consistent with applicable guidance under the Federal Aviation
Administration Advisory Circular issued December 4, 2015 (AC 70/7460-
1L), or other relevant safety guidance, as determined by the
Administrator.
(c) Application.--The regulations issued under subsection (a) shall
ensure that--
(1) all covered towers constructed on or after the date on
which such regulations take effect are marked in accordance with
subsection (b); and
(2) a covered tower constructed before the date on which such
regulations take effect is marked in accordance with subsection (b)
not later than 1 year after such effective date.
(d) Definitions.--
(1) In general.--In this section, the following definitions
apply:
(A) Covered tower.--
(i) In general.--The term ``covered tower'' means a
structure that--
(I) is self-standing or supported by guy wires and
ground anchors;
(II) is 10 feet or less in diameter at the above-
ground base, excluding concrete footing;
(III) at the highest point of the structure is at
least 50 feet above ground level;
(IV) at the highest point of the structure is not
more than 200 feet above ground level;
(V) has accessory facilities on which an antenna,
sensor, camera, meteorological instrument, or other
equipment is mounted; and
(VI) is located--
(aa) outside the boundaries of an incorporated
city or town; or
(bb) on land that is--
(AA) undeveloped; or
(BB) used for agricultural purposes.
(ii) Exclusions.--The term ``covered tower'' does not
include any structure that--
(I) is adjacent to a house, barn, electric utility
station, or other building;
(II) is within the curtilage of a farmstead;
(III) supports electric utility transmission or
distribution lines;
(IV) is a wind-powered electrical generator with a
rotor blade radius that exceeds 6 feet; or
(V) is a street light erected or maintained by a
Federal, State, local, or tribal entity.
(B) Undeveloped.--The term ``undeveloped'' means a defined
geographic area where the Administrator determines low-flying
aircraft are operated on a routine basis, such as low-lying
forested areas with predominant tree cover under 200 feet and
pasture and range land.
(2) Other definitions.--The Administrator shall define such
other terms as may be necessary to carry out this section.
(e) Database.--The Administrator shall--
(1) develop a database that contains the location and height of
each covered tower;
(2) keep the database current to the extent practicable;
(3) ensure that any proprietary information in the database is
protected from disclosure in accordance with law; and
(4) ensure that, by virtue of accessing the database, users
agree and acknowledge that information in the database--
(A) may only be used for aviation safety purposes; and
(B) may not be disclosed for purposes other than aviation
safety, regardless of whether or not the information is marked
or labeled as proprietary or with a similar designation.

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(a) Comprehensive and Strategic Aviation Framework.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall facilitate and support the development of a
comprehensive and strategic framework of principles and policies to
reduce cybersecurity risks to the national airspace system, civil
aviation, and agency information systems using a total systems
approach that takes into consideration the interactions and
interdependence of different components of aircraft systems and the
national airspace system.
(2) Scope.--In carrying out paragraph (1), the Administrator
shall--
(A) identify and address the cybersecurity risks associated
with--
(i) the modernization of the national airspace system;
(ii) the automation of aircraft, equipment, and
technology; and
(iii) aircraft systems, including by--
(I) directing the Aircraft Systems Information
Security Protection Working Group--
(aa) to assess cybersecurity risks to aircraft
systems;
(bb) to review the extent to which existing
rulemaking, policy, and guidance to promote safety
also promote aircraft systems information security
protection; and
(cc) to provide appropriate recommendations to
the Administrator if separate or additional
rulemaking, policy, or guidance is needed to
address cybersecurity risks to aircraft systems;
and
(II) identifying and addressing--
(aa) cybersecurity risks associated with in-
flight entertainment systems; and
(bb) whether in-flight entertainment systems
can and should be isolated and separate, such as
through an air gap, under existing rulemaking,
policy, and guidance;
(B) clarify cybersecurity roles and responsibilities of
offices and employees of the Federal Aviation Administration,
as the roles and responsibilities relate to cybersecurity at
the Federal Aviation Administration;
(C) identify and implement objectives and actions to reduce
cybersecurity risks to air traffic control information systems,
including actions to improve implementation of information
security standards, such as those of the National Institute of
Standards and Technology;
(D) support voluntary efforts by industry, RTCA, Inc., and
other standards-setting organizations to develop and identify
consensus standards and best practices relating to guidance on
aviation systems information security protection, consistent,
to the extent appropriate, with the cybersecurity risk
management activities described in section 2(e) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(e));
(E) establish guidelines for the voluntary exchange of
information between and among aviation stakeholders pertaining
to aviation-related cybersecurity incidents, threats, and
vulnerabilities;
(F) identify short- and long-term objectives and actions
that can be taken in response to cybersecurity risks to the
national airspace system; and
(G) identify research and development activities to inform
actions in response to cybersecurity risks.
(3) Implementation requirements.--In carrying out the
activities under this subsection, the Administrator shall--
(A) coordinate with aviation stakeholders, including, at a
minimum, representatives of industry, airlines, manufacturers,
airports, RTCA, Inc., and unions;
(B) consult with the heads of relevant agencies and with
international regulatory authorities;
(C) if determined appropriate, convene an expert panel or
working group to identify and address cybersecurity risks; and
(D) evaluate, on a periodic basis, the effectiveness of the
principles established under this subsection.
(b) Update on Cybersecurity Implementation Progress.--Not later
than 90 days after the date of enactment of this Act, the Administrator
shall provide to the appropriate committees of Congress an update on
progress made toward the implementation of this section.
(c) Cybersecurity Threat Model.--Not later than 1 year after the
date of enactment of this Act, the Administrator, in consultation with
the Director of the National Institute of Standards and Technology,
shall implement the open recommendation issued in 2015 by the
Government Accountability Office to assess and research the potential
cost and timetable of developing and maintaining an agencywide threat
model, which shall be updated regularly, to strengthen the
cybersecurity of agency systems across the Federal Aviation
Administration. The Administrator shall brief the Committee on Science,
Space, and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the status,
results, and composition of the threat model.
(d) National Institute of Standards and Technology Information
Security Standards.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration, after consultation with the Director of the National
Institute of Standards and Technology, shall transmit to the Committee
on Science, Space, and Technology and 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--
(1) a cybersecurity standards plan to improve implementation of
the National Institute of Standards and Technology's latest
revisions to information security guidance for Federal Aviation
Administration information and Federal Aviation Administration
information systems within set timeframes; and
(2) an explanation of why any such revisions are not
incorporated in the plan or are not incorporated within set
timeframes.
(e) Cybersecurity Research and Development.--Not later than 1 year
after the date of enactment of this Act, the Administrator, in
consultation with other agencies as appropriate, shall establish a
cybersecurity research and development plan for the national airspace
system, including--
(1) any proposal for research and development cooperation with
international partners;
(2) an evaluation and determination of research and development
needs to determine any cybersecurity risks of cabin communications
and cabin information technology systems on board in the passenger
domain; and
(3) objectives, proposed tasks, milestones, and a 5-year
budgetary profile.

df2be5c16317d53932ca48776d3920983b5eec5b654fc52ca23200dd707b53c5

(a) Risk-Based Oversight.--Section 44733 of title 49, United States
Code, is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
``(f) Risk-Based Oversight.--
``(1) In general.--Not later than 90 days after the date of
enactment of the FAA Extension, Safety, and Security Act of 2016,
the Administrator shall take measures to ensure that the safety
assessment system established under subsection (a)--
``(A) places particular consideration on inspections of
part 145 repair stations located outside the United States that
conduct scheduled heavy maintenance work on part 121 air
carrier aircraft; and
``(B) accounts for the frequency and seriousness of any
corrective actions that part 121 air carriers must implement to
aircraft following such work at such repair stations.
``(2) International agreements.--The Administrator shall take
the measures required under paragraph (1)--
``(A) in accordance with United States obligations under
applicable international agreements; and
``(B) in a manner consistent with the applicable laws of
the country in which a repair station is located.
``(3) Access to data.--The Administrator may access and review
such information or data in the possession of a part 121 air
carrier as the Administrator may require in carrying out paragraph
(1)(B).''; and
(3) in subsection (g) (as so redesignated)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Heavy maintenance work.--The term `heavy maintenance
work' means a C-check, a D-check, or equivalent maintenance
operation with respect to the airframe of a transport-category
aircraft.''.
(b) Alcohol and Controlled Substances Testing.--The Administrator
of the Federal Aviation Administration shall ensure that--
(1) not later than 90 days after the date of enactment of this
Act, a notice of proposed rulemaking required pursuant to section
44733(d)(2) is published in the Federal Register; and
(2) not later than 1 year after the date on which the notice of
proposed rulemaking is published in the Federal Register, the
rulemaking is finalized.
(c) Background Investigations.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall ensure that each
employee of a repair station certificated under part 145 of title 14,
Code of Federal Regulations, who performs a safety-sensitive function
on an air carrier aircraft has undergone a pre-employment background
investigation sufficient to determine whether the individual presents a
threat to aviation safety, in a manner that is--
(1) determined acceptable by the Administrator;
(2) consistent with the applicable laws of the country in which
the repair station is located; and
(3) consistent with the United States obligations under
international agreements.

81253166f300b76ece80daea5bb45b0ef34bcdb84dea88f4a8ca5059094dd386

Section 44734(a) of title 49, United States Code, is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) recognizing and responding to potential human trafficking
victims.''.
Subtitle B--UAS Safety

125c3fc4db5b77f29a5779f3f1d1381b27cc0ac213820a8a4ec20f2e03bf07f4

(a) Definitions Applied.--In this subtitle, the terms ``unmanned
aircraft'', ``unmanned aircraft system'', and ``small unmanned
aircraft'' have the meanings given those terms in section 331 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as
amended by this Act.
(b) FAA Modernization and Reform Act.--Section 331 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) is
amended--
(1) in paragraph (6) by inserting ``, including everything that
is on board or otherwise attached to the aircraft'' after ``55
pounds''; and
(2) by striking paragraph (7) and inserting the following:
``(7) Test range.--
``(A) In general.--The term `test range' means a defined
geographic area where research and development are conducted as
authorized by the Administrator of the Federal Aviation
Administration.
``(B) Inclusions.--The term `test range' includes any of
the 6 test ranges established by the Administrator of the
Federal Aviation Administration under section 332(c), as in
effect on the day before the date of enactment of this
subparagraph, and any public entity authorized by the Federal
Aviation Administration as an unmanned aircraft system flight
test center before January 1, 2009.''.

36d424cb4dc06d3c2fb72b4b523355475f840c9194a643fc185cd08b01a66fe5

(a) In General.--The Administrator of the Federal Aviation
Administration, in consultation with the Secretary of Transportation,
the President of RTCA, Inc., and the Director of the National Institute
of Standards and Technology, shall convene industry stakeholders to
facilitate the development of consensus standards for remotely
identifying operators and owners of unmanned aircraft systems and
associated unmanned aircraft.
(b) Considerations.--As part of any standards developed under
subsection (a), the Administrator shall ensure the consideration of--
(1) requirements for remote identification of unmanned aircraft
systems;
(2) appropriate requirements for different classifications of
unmanned aircraft systems operations, including public and civil;
and
(3) the feasibility of the development and operation of a
publicly accessible online database of unmanned aircraft and the
operators thereof, and any criteria for exclusion from the
database.
(c) Deadline.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on any standards developed under subsection (a).
(d) Guidance.--Not later than 1 year after the date on which the
Administrator submits the report under subsection (c), the
Administrator shall issue regulations or guidance, as appropriate,
based on any standards developed under subsection (a).

b055f53726f381a0c81157d6ed9ec0ec2f313d00f284e90ea77359adba4f310c

(a) Required Information.--Beginning on the date that is 1 year
after the date of publication of the guidance under subsection (b)(1),
a manufacturer of a small unmanned aircraft shall make available to the
owner at the time of delivery of the small unmanned aircraft the safety
statement described in subsection (b)(2).
(b) Safety Statement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue guidance for implementing this section.
(2) Requirements.--A safety statement required under subsection
(a) shall include--
(A) information about, and sources of, laws and regulations
applicable to small unmanned aircraft;
(B) recommendations for using small unmanned aircraft in a
manner that promotes the safety of persons and property;
(C) the date that the safety statement was created or last
modified; and
(D) language approved by the Administrator regarding the
following:
(i) A person may operate the small unmanned aircraft as
a model aircraft (as defined in section 336 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101
note)) or otherwise in accordance with Federal Aviation
Administration authorization or regulation, including
requirements for the completion of any applicable airman
test.
(ii) The definition of a model aircraft under section
336 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note).
(iii) The requirements regarding the operation of a
model aircraft under section 336 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note).
(iv) The Administrator may pursue enforcement action
against a person operating model aircraft who endangers the
safety of the national airspace system.
(c) Civil Penalty.--A person who violates subsection (a) shall be
liable for each violation to the United States Government for a civil
penalty described in section 46301(a) of title 49, United States Code.

6e9ac097fe631fff927e88b2be795c0e5bd0abfb9da28207f6554d75eb00c763

AUTHORIZATION IN SUPPORT OF FIREFIGHTING OPERATIONS AND UTILITY
RESTORATION.
(a) Firefighting Operations.--The Administrator of the Federal
Aviation Administration shall enter into agreements with the Secretary
of the Interior and the Secretary of Agriculture, as necessary, to
continue the expeditious authorization of safe unmanned aircraft system
operations in support of firefighting operations consistent with the
requirements of section 334(c) of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 40101 note).
(b) Utility Restoration.--The Administrator shall enter into
agreements with the Secretary of Energy and with such other agencies or
parties, including the Federal Emergency Management Agency, as are
necessary to facilitate the expeditious authorization of safe unmanned
aircraft system operations in support of service restoration efforts of
utilities.
(c) Definition of Utility.--In this section, the term ``utility''
shall at a minimum include the definition in section 3(4) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(4)).

3d95c7e72bd618b5d879a126cc64fd6f7586a241b8fcc64f736ef003b07df136

EMERGENCY RESPONSE EFFORT BY OPERATION OF UNMANNED AIRCRAFT.
(a) In General.--Chapter 463 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 46320. Interference with wildfire suppression, law enforcement,
or emergency response effort by operation of unmanned aircraft
``(a) In General.--Except as provided in subsection (b), an
individual who operates an unmanned aircraft and in so doing knowingly
or recklessly interferes with a wildfire suppression, law enforcement,
or emergency response effort is liable to the United States Government
for a civil penalty of not more than $20,000.
``(b) Exceptions.--This section does not apply to the operation of
an unmanned aircraft conducted by a unit or agency of the United States
Government or of a State, tribal, or local government (including any
individual conducting such operation pursuant to a contract or other
agreement entered into with the unit or agency) for the purpose of
protecting the public safety and welfare, including firefighting, law
enforcement, or emergency response.
``(c) Compromise and Setoff.--
``(1) Compromise.--The United States Government may compromise
the amount of a civil penalty imposed under this section.
``(2) Setoff.--The United States Government may deduct the
amount of a civil penalty imposed or compromised under this section
from the amounts the Government owes the person liable for the
penalty.
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Wildfire.--The term `wildfire' has the meaning given that
term in section 2 of the Emergency Wildfire Suppression Act (42
U.S.C. 1856m).
``(2) Wildfire suppression.--The term `wildfire suppression'
means an effort to contain, extinguish, or suppress a wildfire.''.
(b) FAA To Impose Civil Penalty.--Section 46301(d)(2) of title 49,
United States Code, is amended by inserting ``section 46320,'' after
``section 46319,''.
(c) Clerical Amendment.--The analysis for chapter 463 of title 49,
United States Code, is amended by adding at the end the following:
``46320. Interference with wildfire suppression, law enforcement, or
emergency response effort by operation of unmanned
aircraft.''.

ccbee62c376a34343dc243d1f0bcfb2626fd37df1c2466d295a97007060676c8

MITIGATION.
(a) In General.--The Administrator of the Federal Aviation
Administration shall establish a pilot program for airspace hazard
mitigation at airports and other critical infrastructure using unmanned
aircraft detection systems.
(b) Consultation.--In carrying out the pilot program under
subsection (a), the Administrator shall work with the Secretary of
Defense, the Secretary of Homeland Security, and the heads of other
relevant Federal departments and agencies for the purpose of ensuring
that technologies that are developed, tested, or deployed by those
departments and agencies to mitigate threats posed by errant or hostile
unmanned aircraft system operations do not adversely impact or
interfere with safe airport operations, navigation, air traffic
services, or the safe and efficient operation of the national airspace
system.
(c) Authorization of Appropriations.--There is authorized to be
appropriated from the Airport and Airway Trust Fund to carry out this
section $6,000,000, to remain available until expended.
(d) Authority.--After the pilot program established under
subsection (a) ceases to be effective pursuant to subsection (g), the
Administrator may use unmanned aircraft detection systems to detect and
mitigate the unauthorized operation of an unmanned aircraft that poses
a risk to aviation safety.
(e) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of the
pilot program established under subsection (a).
(2) Contents.--The report required under paragraph (1) shall
include the following:
(A) The number of unauthorized unmanned aircraft operations
detected, together with a description of such operations.
(B) The number of instances in which unauthorized unmanned
aircraft were mitigated, together with a description of such
instances.
(C) The number of enforcement cases brought by the Federal
Aviation Administration for unauthorized operation of unmanned
aircraft detected through the pilot program, together with a
description of such cases.
(D) The number of any technical failures in the pilot
program, together with a description of such failures.
(E) Recommendations for safety and operational standards
for unmanned aircraft detection systems.
(F) The feasibility of deployment of the systems at other
airports.
(3) Format.--To the extent practicable, the report prepared
under paragraph (1) shall be submitted in a classified format. If
appropriate, the report may include an unclassified summary.
(f) Sunset.--The pilot program established under subsection (a)
shall cease to be effective on the earlier of--
(1) the date that is 18 months after the date of enactment of
this Act; and
(2) the date of the submission of the report under subsection
(e).

5d579db575bb16bff06ccb4d8364bbb76c479a3a75e4e2b95282d66f8483ec81

(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall publish guidance for applications for, and procedures for the
processing of, on an emergency basis, exemptions or certificates of
authorization or waiver for the use of unmanned aircraft systems by
civil or public operators in response to a catastrophe, disaster, or
other emergency to facilitate emergency response operations, such as
firefighting, search and rescue, and utility and infrastructure
restoration efforts. In processing such applications, the Administrator
shall give priority to applications for public unmanned aircraft
systems engaged in emergency response activities.
(b) Requirements.--In providing guidance under subsection (a), the
Administrator shall--
(1) make explicit any safety requirements that must be met for
the consideration of applications that include requests for beyond
visual line of sight or nighttime operations, or the suspension of
otherwise applicable operating restrictions, consistent with public
interest and safety; and
(2) explicitly state the procedures for coordinating with an
incident commander, if any, to ensure operations granted under
procedures developed under subsection (a) do not interfere with
other emergency response efforts.
(c) Review.--In processing applications on an emergency basis for
exemptions or certificates of authorization or waiver for unmanned
aircraft systems operations in response to a catastrophe, disaster, or
other emergency, the Administrator shall act on such applications as
expeditiously as practicable and without requiring public notice and
comment.

e10063ba65a4fae233bc0165c650ff60e1ed9c722a824c380181c9183f25b0eb

(a) Research Plan for UTM Development and Deployment.--
(1) In general.--The Administrator of the Federal Aviation
Administration (in this section referred to as the
``Administrator''), in coordination with the Administrator of the
National Aeronautics and Space Administration, shall continue
development of a research plan for unmanned aircraft systems
traffic management (in this section referred to as ``UTM'')
development and deployment.
(2) Requirements.--In developing the research plan, the
Administrator shall--
(A) identify research outcomes sought; and
(B) ensure the plan is consistent with existing regulatory
and operational frameworks, and considers potential future
regulatory and operational frameworks, for unmanned aircraft
systems in the national airspace system.
(3) Assessment.--The research plan shall include an assessment
of the interoperability of a UTM system with existing and potential
future air traffic management systems and processes.
(4) Deadlines.--The Administrator shall--
(A) initiate development of the research plan not later
than 60 days after the date of enactment of this Act; and
(B) not later than 180 days after the date of enactment of
this Act--
(i) complete the research plan;
(ii) submit the research plan to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House
of Representatives; and
(iii) publish the research plan on the Internet Web
site of the Federal Aviation Administration.
(b) Pilot Program.--
(1) In general.--Not later than 90 days after the date of
submission of the research plan under subsection (a)(4)(B), the
Administrator, in coordination with the Administrator of the
National Aeronautics and Space Administration, the Drone Advisory
Committee, the research advisory committee established by section
44508(a) of title 49, United States Code, and representatives of
the unmanned aircraft industry, shall establish a UTM system pilot
program.
(2) Sunset.--Not later than 2 years after the date of
establishment of the pilot program, the Administrator shall
conclude the pilot program.
(c) Updates.--Not later than 180 days after the date of
establishment of the pilot program, and every 180 days thereafter until
the date of conclusion of the pilot program, the Administrator shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House of
Representatives an update on the status and progress of the pilot
program.

09e67a1cb0256989a158b7e97768de174427f0fa3eb924564403d867f402d4d1

(a) Applications for Designation.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Transportation
shall establish a process to allow applicants to petition the
Administrator of the Federal Aviation Administration to prohibit or
restrict the operation of an unmanned aircraft in close proximity to a
fixed site facility.
(b) Review Process.--
(1) Application procedures.--
(A) In general.--The Administrator shall establish the
procedures for the application for designation under subsection
(a).
(B) Requirements.--The procedures shall allow operators or
proprietors of fixed site facilities to apply for designation
individually or collectively.
(C) Considerations.--Only the following may be considered
fixed site facilities:
(i) Critical infrastructure, such as energy production,
transmission, and distribution facilities and equipment.
(ii) Oil refineries and chemical facilities.
(iii) Amusement parks.
(iv) Other locations that warrant such restrictions.
(2) Determination.--
(A) In general.--The Secretary shall provide for a
determination under the review process established under
subsection (a) not later than 90 days after the date of
application, unless the applicant is provided with written
notice describing the reason for the delay.
(B) Affirmative designations.--An affirmative designation
shall outline--
(i) the boundaries for unmanned aircraft operation near
the fixed site facility; and
(ii) such other limitations that the Administrator
determines may be appropriate.
(C) Considerations.--In making a determination whether to
grant or deny an application for a designation, the
Administrator may consider--
(i) aviation safety;
(ii) protection of persons and property on the ground;
(iii) national security; or
(iv) homeland security.
(D) Opportunity for resubmission.--If an application is
denied, and the applicant can reasonably address the reason for
the denial, the Administrator may allow the applicant to
reapply for designation.
(c) Public Information.--Designations under subsection (a) shall be
published by the Federal Aviation Administration on a publicly
accessible website.
(d) Savings Clause.--Nothing in this section may be construed as
prohibiting the Administrator from authorizing operation of an
aircraft, including an unmanned aircraft system, over, under, or within
a specified distance from that fixed site facility designated under
subsection (b).

f3691e19b56b6d19e7ba8ae108a9089b17d328f6cf357a21cb2e5819b44fdd1b

(a) In General.--Any application process established under section
333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note) shall allow for a person to apply to the Administrator of the
Federal Aviation Administration to operate an unmanned aircraft system,
for purposes of conducting an activity described in subsection (b)--
(1) beyond the visual line of sight of the individual operating
the unmanned aircraft system; and
(2) during the day or at night.
(b) Activities Described.--The activities described in this
subsection are--
(1) activities for which manned aircraft may be used to comply
with Federal, State, or local laws, including--
(A) activities to ensure compliance with Federal or State
regulatory, permit, or other requirements, including to conduct
surveys associated with applications for permits for new
pipeline or pipeline systems construction or maintenance or
rehabilitation of existing pipelines or pipeline systems; and
(B) activities relating to ensuring compliance with--
(i) parts 192 and 195 of title 49, Code of Federal
Regulations; and
(ii) the requirements of any Federal, State, or local
governmental or regulatory body, or industry best practice,
pertaining to the construction, ownership, operation,
maintenance, repair, or replacement of covered facilities;
(2) activities to inspect, repair, construct, maintain, or
protect covered facilities, including for the purpose of responding
to a pipeline, pipeline system, or electric energy infrastructure
incident; and
(3) activities in response to or in preparation for a natural
disaster, manmade disaster, severe weather event, or other incident
beyond the control of the applicant that may cause material damage
to a covered facility.
(c) Definitions.--In this section, the following definitions apply:
(1) Covered facility.--The term ``covered facility'' means--
(A) a pipeline or pipeline system;
(B) an electric energy generation, transmission, or
distribution facility (including a renewable electric energy
facility);
(C) an oil or gas production, refining, or processing
facility; or
(D) any other critical infrastructure facility.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section 2339D
of title 18, United States Code.
(d) Deadlines.--
(1) Certification to congress.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a certification that a
process has been established to facilitate applications for
unmanned aircraft systems operations described in this section.
(2) Failure to meet certification deadline.--If the
Administrator cannot provide a certification under paragraph (1),
the Administrator, not later than 180 days after the deadline
specified in paragraph (1), shall update the process under section
333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
40101 note) to facilitate applications for unmanned aircraft
systems operations described in this section.
(e) Exemptions.--In addition to the operations described in this
section, the Administrator may authorize, exempt, or otherwise allow
other unmanned aircraft systems operations under section 333 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) that are
conducted beyond the visual line of sight of the individual operating
the unmanned aircraft system or during the day or at night.

99d0a84961eb4115b72d94d62ab9689fadfe663036c9c0a1b273d52549053265

Section 332(a)(5) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note) is amended--
(1) by inserting ``, in coordination with the Administrator of
the National Aeronautics and Space Administration (NASA) and
relevant stakeholders, including those in industry and academia,''
after ``update''; and
(2) by inserting after ``annually.'' the following: ``The
roadmap shall include, at a minimum--
``(A) cost estimates, planned schedules, and performance
benchmarks, including specific tasks, milestones, and
timelines, for unmanned aircraft systems integration into the
national airspace system, including an identification of--
``(i) the role of the unmanned aircraft systems test
ranges established under subsection (c) and the Unmanned
Aircraft Systems Center of Excellence;
``(ii) performance objectives for unmanned aircraft
systems that operate in the national airspace system; and
``(iii) research and development priorities for tools
that could assist air traffic controllers as unmanned
aircraft systems are integrated into the national airspace
system, as appropriate;
``(B) a description of how the Administration plans to use
research and development, including research and development
conducted through NASA's Unmanned Aircraft Systems Traffic
Management initiatives, to accommodate, integrate, and provide
for the evolution of unmanned aircraft systems in the national
airspace system;
``(C) an assessment of critical performance abilities
necessary to integrate unmanned aircraft systems into the
national airspace system, and how these performance abilities
can be demonstrated; and
``(D) an update on the advancement of technologies needed
to integrate unmanned aircraft systems into the national
airspace system, including decisionmaking by adaptive systems,
such as sense-and-avoid capabilities and cyber physical systems
security.''.

9b5a4b6235103cf470cbd127171093f23630c258bface01ffb167a50e9e4d982

RESEARCH.
(a) Research.--The Administrator of the Federal Aviation
Administration (in this section referred to as the ``Administrator''),
in continuation of ongoing work, shall coordinate with the
Administrator of the National Aeronautics and Space Administration to
develop a program to conduct comprehensive testing or modeling of
unmanned aircraft systems colliding with various sized aircraft in
various operational settings, as considered appropriate by the
Administrator, including--
(1) collisions between unmanned aircraft systems of various
sizes, traveling at various speeds, and jet aircraft of various
sizes, traveling at various speeds;
(2) collisions between unmanned aircraft systems of various
sizes, traveling at various speeds, and propeller-driven aircraft
of various sizes, traveling at various speeds;
(3) collisions between unmanned aircraft systems of various
sizes, traveling at various speeds, and rotorcraft of various
sizes, traveling at various speeds; and
(4) collisions between unmanned aircraft systems and various
parts of the aforementioned aircraft, including--
(A) windshields;
(B) noses;
(C) engines;
(D) radomes;
(E) propellers; and
(F) wings.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall transmit to the Committee on Science,
Space, and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
summarizing the costs and results of research under this section.

93c449a3d0d6bac9eee8cbef818b3a2060c1677f746d5ed190142d4970f3829e

(a) Study.--Not later than 30 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall enter into an arrangement with the National Academies to study
the potential use of probabilistic assessments of risks by the
Administration to streamline the integration of unmanned aircraft
systems into the national airspace system, including any research and
development necessary.
(b) Completion Date.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall provide the results of
the study to the Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
Subtitle C--Time Sensitive Aviation Reforms

54c805a17441f8bc37ba17ea78d022da775a8e2a042100b2f9e1a228df85f997

Section 47114(c)(1)(F) of title 49, United States Code, is amended
to read as follows:
``(F) Special rule for fiscal year 2017.--Notwithstanding
subparagraph (A), the Secretary shall apportion to a sponsor of
an airport under that subparagraph for fiscal year 2017 an
amount based on the number of passenger boardings at the
airport during calendar year 2012 if the airport--
``(i) had 10,000 or more passenger boardings during
calendar year 2012;
``(ii) had fewer than 10,000 passenger boardings during
the calendar year used to calculate the apportionment for
fiscal year 2017 under subparagraph (A); and
``(iii) had scheduled air service at any point during
the calendar year used to calculate the apportionment for
fiscal year 2017 under subparagraph (A).''.

0238e67d5d4a6993c9393022e2bf94ea435d81b231b7cfe05933e8cd69809c71

Section 40117 of title 49, United States Code, is amended by adding
at the end the following:
``(n) Use of Revenues at Previously Associated Airport.--
Notwithstanding the requirements relating to airport control under
subsection (b)(1), the Secretary may authorize use of a passenger
facility charge under subsection (b) to finance an eligible airport-
related project if--
``(1) the eligible agency seeking to impose the new charge
controls an airport where a $2.00 passenger facility charge became
effective on January 1, 2013; and
``(2) the location of the project to be financed by the new
charge is at an airport that was under the control of the same
eligible agency that had controlled the airport described in
paragraph (1).''.

4732e929d712bba165f26c298c62e077878029f8749318d7a06126cb306f0fe9

(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a working group--
(1) to identify obstacles to attracting and maintaining air
transportation service to and from small communities; and
(2) to develop recommendations for maintaining and improving
air transportation service to and from small communities.
(b) Outreach.--In carrying out subsection (a), the working group
shall consult with--
(1) interested Governors;
(2) representatives of State and local agencies, and other
officials and groups, representing rural States and other rural
areas;
(3) other representatives of relevant State and local agencies;
and
(4) members of the public with experience in aviation safety,
pilot training, economic development, and related issues.
(c) Considerations.--In carrying out subsection (a), the working
group shall--
(1) consider whether funding for, and the terms of, current or
potential new programs are sufficient to help ensure continuation
of or improvement to air transportation service to small
communities, including the essential air service program and the
small community air service development program;
(2) identify initiatives to help support pilot training and
aviation safety to maintain air transportation service to small
communities;
(3) consider whether Federal funding for airports serving small
communities, including airports that have lost air transportation
services or had decreased enplanements in recent years, is adequate
to ensure that small communities have access to quality, affordable
air transportation service;
(4) identify innovative State or local efforts that have
established public-private partnerships that are successful in
attracting and retaining air transportation service in small
communities; and
(5) consider such other issues as the Secretary considers
appropriate.
(d) Composition.--
(1) In general.--The working group shall be facilitated through
the Secretary or the Secretary's designee.
(2) Membership.--Members of the working group shall be
appointed by the Secretary and shall include representatives of--
(A) State and local government, including State and local
aviation officials;
(B) State Governors;
(C) aviation safety experts;
(D) economic development officials; and
(E) the traveling public from small communities.
(e) Report and Recommendations.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report, including--
(1) a summary of the views expressed by the participants in the
outreach under subsection (b);
(2) a description of the working group's findings, including
the identification of any areas of general consensus among the non-
Federal participants in the outreach under subsection (b); and
(3) any recommendations for legislative or regulatory action
that would assist in maintaining and improving air transportation
service to and from small communities.

8e33fa512853eaab20c5ee6d0bf1ae35205b17deec0429a52375fb696f269fb7

CONTROLLERS.
(a) In General.--Section 8415(f) of title 5, United States Code, is
amended to read as follows:
``(f) The annuity of an air traffic controller or former air
traffic controller retiring under section 8412(a) is computed under
subsection (a), except that if the individual has at least 5 years of
service in any combination as--
``(1) an air traffic controller as defined by section
2109(1)(A)(i);
``(2) a first level supervisor of an air traffic controller as
defined by section 2109(1)(A)(i); or
``(3) a second level supervisor of an air traffic controller as
defined by section 2109(1)(A)(i);
so much of the annuity as is computed with respect to such type of
service shall be computed by multiplying 1 7/10 percent of the
individual's average pay by the years of such service.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
deemed to be effective on December 12, 2003.
(c) Procedures Required.--The Director of the Office of Personnel
Management shall establish such procedures as are necessary to provide
for--
(1) notification to each annuitant affected by the amendments
made by this section;
(2) recalculation of the benefits of affected annuitants;
(3) an adjustment to applicable monthly benefit amounts
pursuant to such recalculation, to begin as soon as is practicable;
and
(4) a lump-sum payment to each affected annuitant equal to the
additional total benefit amount that such annuitant would have
received had the amendment made by subsection (a) been in effect on
December 12, 2003.

ab9eb7c763b1ae58dca62671f00de76594a17fd8b0f9a343f96499a64da32e60

(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue final
regulations to require an air carrier or foreign air carrier to
promptly provide to a passenger an automated refund for any ancillary
fees paid by the passenger for checked baggage if--
(1) the air carrier or foreign air carrier fails to deliver the
checked baggage to the passenger--
(A) not later than 12 hours after the arrival of a domestic
flight; or
(B) not later than 15 hours after the arrival of an
international flight; and
(2) the passenger has notified the air carrier or foreign air
carrier of the lost or delayed checked baggage.
(b) Exception.--If, as part of the rulemaking, the Secretary makes
a determination on the record that a requirement under subsection (a)
is not feasible and would adversely affect consumers in certain cases,
the Secretary may modify 1 or both of the deadlines specified in
subsection (a)(1) for such cases, except that--
(1) the deadline relating to a domestic flight may not exceed
18 hours after the arrival of the domestic flight; and
(2) the deadline relating to an international flight may not
exceed 30 hours after the arrival of the international flight.

c5439a2eebd164b19ac9a9116f1ffd72a49d1cc7ed17de1a860a10d878d41650

(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall submit to the appropriate committees of Congress a report, which
includes public and stakeholder input--
(1) examining the safety risks, hazard effects, and efficiency
and operational effects for airports, airlines, and other
stakeholders that could result from a loss of contract weather
observer service at the 57 airports targeted for the loss of the
service;
(2) detailing how the Federal Aviation Administration will
accurately report rapidly changing severe weather conditions at the
airports, including thunderstorms, lightning, fog, visibility,
smoke, dust, haze, cloud layers and ceilings, ice pellets, and
freezing rain or drizzle, without contract weather observers;
(3) indicating how airports can comply with applicable Federal
Aviation Administration orders governing weather observations given
the current documented limitations of automated surface observing
systems; and
(4) identifying the process through which the Federal Aviation
Administration analyzed the safety hazards associated with the
elimination of the contract weather observer program.
(b) Continued Use of Contract Weather Observers.--The Administrator
may not discontinue the contract weather observer program at any
airport until October 1, 2017.

258eaea1956cbc76bd60c6e9aa06c7240df2062b65b29cc1203501ca9240f952

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue or revise regulations to ensure that an
individual may operate as pilot in command of a covered aircraft if--
(1) the individual possesses a valid driver's license issued by
a State, territory, or possession of the United States and complies
with all medical requirements or restrictions associated with that
license;
(2) the individual holds a medical certificate issued by the
Federal Aviation Administration on the date of enactment of this
Act, held such a certificate at any point during the 10-year period
preceding such date of enactment, or obtains such a certificate
after such date of enactment;
(3) the most recent medical certificate issued by the Federal
Aviation Administration to the individual--
(A) indicates whether the certificate is first, second, or
third class;
(B) may include authorization for special issuance;
(C) may be expired;
(D) cannot have been revoked or suspended; and
(E) cannot have been withdrawn;
(4) the most recent application for airman medical
certification submitted to the Federal Aviation Administration by
the individual cannot have been completed and denied;
(5) the individual has completed a medical education course
described in subsection (c) during the 24 calendar months before
acting as pilot in command of a covered aircraft and demonstrates
proof of completion of the course;
(6) the individual, when serving as a pilot in command, is
under the care and treatment of a physician if the individual has
been diagnosed with any medical condition that may impact the
ability of the individual to fly;
(7) the individual has received a comprehensive medical
examination from a State-licensed physician during the previous 48
months and--
(A) prior to the examination, the individual--
(i) completed the individual's section of the checklist
described in subsection (b); and
(ii) provided the completed checklist to the physician
performing the examination; and
(B) the physician conducted the comprehensive medical
examination in accordance with the checklist described in
subsection (b), checking each item specified during the
examination and addressing, as medically appropriate, every
medical condition listed, and any medications the individual is
taking; and
(8) the individual is operating in accordance with the
following conditions:
(A) The covered aircraft is carrying not more than 5
passengers.
(B) The individual is operating the covered aircraft under
visual flight rules or instrument flight rules.
(C) The flight, including each portion of that flight, is
not carried out--
(i) for compensation or hire, including that no
passenger or property on the flight is being carried for
compensation or hire;
(ii) at an altitude that is more than 18,000 feet above
mean sea level;
(iii) outside the United States, unless authorized by
the country in which the flight is conducted; or
(iv) at an indicated air speed exceeding 250 knots.
(b) Comprehensive Medical Examination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a checklist
for an individual to complete and provide to the physician
performing the comprehensive medical examination required in
subsection (a)(7).
(2) Requirements.--The checklist shall contain--
(A) a section, for the individual to complete that
contains--
(i) boxes 3 through 13 and boxes 16 through 19 of the
Federal Aviation Administration Form 8500-8 (3-99); and
(ii) a signature line for the individual to affirm
that--
(I) the answers provided by the individual on that
checklist, including the individual's answers regarding
medical history, are true and complete;
(II) the individual understands that he or she is
prohibited under Federal Aviation Administration
regulations from acting as pilot in command, or any
other capacity as a required flight crew member, if he
or she knows or has reason to know of any medical
deficiency or medically disqualifying condition that
would make the individual unable to operate the
aircraft in a safe manner; and
(III) the individual is aware of the regulations
pertaining to the prohibition on operations during
medical deficiency and has no medically disqualifying
conditions in accordance with applicable law;
(B) a section with instructions for the individual to
provide the completed checklist to the physician performing the
comprehensive medical examination required in subsection
(a)(7); and
(C) a section, for the physician to complete, that
instructs the physician--
(i) to perform a clinical examination of--
(I) head, face, neck, and scalp;
(II) nose, sinuses, mouth, and throat;
(III) ears, general (internal and external canals),
and eardrums (perforation);
(IV) eyes (general), ophthalmoscopic, pupils
(equality and reaction), and ocular motility
(associated parallel movement, nystagmus);
(V) lungs and chest (not including breast
examination);
(VI) heart (precordial activity, rhythm, sounds,
and murmurs);
(VII) vascular system (pulse, amplitude, and
character, and arms, legs, and others);
(VIII) abdomen and viscera (including hernia);
(IX) anus (not including digital examination);
(X) skin;
(XI) G-U system (not including pelvic examination);
(XII) upper and lower extremities (strength and
range of motion);
(XIII) spine and other musculoskeletal;
(XIV) identifying body marks, scars, and tattoos
(size and location);
(XV) lymphatics;
(XVI) neurologic (tendon reflexes, equilibrium,
senses, cranial nerves, and coordination, etc.);
(XVII) psychiatric (appearance, behavior, mood,
communication, and memory);
(XVIII) general systemic;
(XIX) hearing;
(XX) vision (distant, near, and intermediate
vision, field of vision, color vision, and ocular
alignment);
(XXI) blood pressure and pulse; and
(XXII) anything else the physician, in his or her
medical judgment, considers necessary;
(ii) to exercise medical discretion to address, as
medically appropriate, any medical conditions identified,
and to exercise medical discretion in determining whether
any medical tests are warranted as part of the
comprehensive medical examination;
(iii) to discuss all drugs the individual reports
taking (prescription and nonprescription) and their
potential to interfere with the safe operation of an
aircraft or motor vehicle;
(iv) to sign the checklist, stating: ``I certify that I
discussed all items on this checklist with the individual
during my examination, discussed any medications the
individual is taking that could interfere with their
ability to safely operate an aircraft or motor vehicle, and
performed an examination that included all of the items on
this checklist. I certify that I am not aware of any
medical condition that, as presently treated, could
interfere with the individual's ability to safely operate
an aircraft.''; and
(v) to provide the date the comprehensive medical
examination was completed, and the physician's full name,
address, telephone number, and State medical license
number.
(3) Logbook.--The completed checklist shall be retained in the
individual's logbook and made available on request.
(c) Medical Education Course Requirements.--The medical education
course described in this subsection shall--
(1) be available on the Internet free of charge;
(2) be developed and periodically updated in coordination with
representatives of relevant nonprofit and not-for-profit general
aviation stakeholder groups;
(3) educate pilots on conducting medical self-assessments;
(4) advise pilots on identifying warning signs of potential
serious medical conditions;
(5) identify risk mitigation strategies for medical conditions;
(6) increase awareness of the impacts of potentially impairing
over-the-counter and prescription drug medications;
(7) encourage regular medical examinations and consultations
with primary care physicians;
(8) inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency and medically
disqualifying conditions;
(9) provide the checklist developed by the Federal Aviation
Administration in accordance with subsection (b); and
(10) upon successful completion of the course, electronically
provide to the individual and transmit to the Federal Aviation
Administration--
(A) a certification of completion of the medical education
course, which shall be printed and retained in the individual's
logbook and made available upon request, and shall contain the
individual's name, address, and airman certificate number;
(B) subject to subsection (d), a release authorizing the
National Driver Register through a designated State Department
of Motor Vehicles to furnish to the Federal Aviation
Administration information pertaining to the individual's
driving record;
(C) a certification by the individual that the individual
is under the care and treatment of a physician if the
individual has been diagnosed with any medical condition that
may impact the ability of the individual to fly, as required
under subsection (a)(6);
(D) a form that includes--
(i) the name, address, telephone number, and airman
certificate number of the individual;
(ii) the name, address, telephone number, and State
medical license number of the physician performing the
comprehensive medical examination required in subsection
(a)(7);
(iii) the date of the comprehensive medical examination
required in subsection (a)(7); and
(iv) a certification by the individual that the
checklist described in subsection (b) was followed and
signed by the physician in the comprehensive medical
examination required in subsection (a)(7); and
(E) a statement, which shall be printed, and signed by the
individual certifying that the individual understands the
existing prohibition on operations during medical deficiency by
stating: ``I understand that I cannot act as pilot in command,
or any other capacity as a required flight crew member, if I
know or have reason to know of any medical condition that would
make me unable to operate the aircraft in a safe manner.''.
(d) National Driver Register.--The authorization under subsection
(c)(10)(B) shall be an authorization for a single access to the
information contained in the National Driver Register.
(e) Special Issuance Process.--
(1) In general.--An individual who has qualified for the third-
class medical certificate exemption under subsection (a) and is
seeking to serve as a pilot in command of a covered aircraft shall
be required to have completed the process for obtaining an
Authorization for Special Issuance of a Medical Certificate for
each of the following:
(A) A mental health disorder, limited to an established
medical history or clinical diagnosis of--
(i) personality disorder that is severe enough to have
repeatedly manifested itself by overt acts;
(ii) psychosis, defined as a case in which an
individual--
(I) has manifested delusions, hallucinations,
grossly bizarre or disorganized behavior, or other
commonly accepted symptoms of psychosis; or
(II) may reasonably be expected to manifest
delusions, hallucinations, grossly bizarre or
disorganized behavior, or other commonly accepted
symptoms of psychosis;
(iii) bipolar disorder; or
(iv) substance dependence within the previous 2 years,
as defined in section 67.307(a)(4) of title 14, Code of
Federal Regulations.
(B) A neurological disorder, limited to an established
medical history or clinical diagnosis of any of the following:
(i) Epilepsy.
(ii) Disturbance of consciousness without satisfactory
medical explanation of the cause.
(iii) A transient loss of control of nervous system
functions without satisfactory medical explanation of the
cause.
(C) A cardiovascular condition, limited to a one-time
special issuance for each diagnosis of the following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has required
treatment.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In the case of
an individual with a cardiovascular condition, the process for
obtaining an Authorization for Special Issuance of a Medical
Certificate shall be satisfied with the successful completion of an
appropriate clinical evaluation without a mandatory wait period.
(3) Special rule for mental health conditions.--
(A) In general.--In the case of an individual with a
clinically diagnosed mental health condition, the third-class
medical certificate exemption under subsection (a) shall not
apply if--
(i) in the judgment of the individual's State-licensed
medical specialist, the condition--
(I) renders the individual unable to safely perform
the duties or exercise the airman privileges described
in subsection (a)(8); or
(II) may reasonably be expected to make the
individual unable to perform the duties or exercise the
privileges described in subsection (a)(8); or
(ii) the individual's driver's license is revoked by
the issuing agency as a result of a clinically diagnosed
mental health condition.
(B) Certification.--Subject to subparagraph (A), an
individual clinically diagnosed with a mental health condition
shall certify every 2 years, in conjunction with the
certification under subsection (c)(10)(C), that the individual
is under the care of a State-licensed medical specialist for
that mental health condition.
(4) Special rule for neurological conditions.--
(A) In general.--In the case of an individual with a
clinically diagnosed neurological condition, the third-class
medical certificate exemption under subsection (a) shall not
apply if--
(i) in the judgment of the individual's State-licensed
medical specialist, the condition--
(I) renders the individual unable to safely perform
the duties or exercise the airman privileges described
in subsection (a)(8); or
(II) may reasonably be expected to make the
individual unable to perform the duties or exercise the
privileges described in subsection (a)(8); or
(ii) the individual's driver's license is revoked by
the issuing agency as a result of a clinically diagnosed
neurological condition.
(B) Certification.--Subject to subparagraph (A), an
individual clinically diagnosed with a neurological condition
shall certify every 2 years, in conjunction with the
certification under subsection (c)(10)(C), that the individual
is under the care of a State-licensed medical specialist for
that neurological condition.
(f) Identification of Additional Medical Conditions for CACI
Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review and identify
additional medical conditions that could be added to the program
known as the Conditions AMEs Can Issue (CACI) program.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report listing the medical
conditions that have been added to the CACI program under paragraph
(1).
(g) Expedited Authorization for Special Issuance of a Medical
Certificate.--
(1) In general.--The Administrator shall implement procedures
to expedite the process for obtaining an Authorization for Special
Issuance of a Medical Certificate under section 67.401 of title 14,
Code of Federal Regulations.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing how the
procedures implemented under paragraph (1) will streamline the
process for obtaining an Authorization for Special Issuance of a
Medical Certificate and reduce the amount of time needed to review
and decide special issuance cases.
(h) Report Required.--Not later than 5 years after the date of
enactment of this Act, the Administrator, in coordination with the
National Transportation Safety Board, shall submit to the appropriate
committees of Congress a report that describes the effect of the
regulations issued or revised under subsection (a) and includes
statistics with respect to changes in small aircraft activity and
safety incidents.
(i) Prohibition on Enforcement Actions.--Beginning on the date that
is 1 year after the date of enactment of this Act, the Administrator
may not take an enforcement action for not holding a valid third-class
medical certificate against a pilot of a covered aircraft for a flight
if the pilot and the flight meet, through a good faith effort, the
applicable requirements under subsection (a), except paragraph (5) of
that subsection, unless the Administrator has published final
regulations in the Federal Register under that subsection.
(j) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means an aircraft that--
(1) is authorized under Federal law to carry not more than 6
occupants; and
(2) has a maximum certificated takeoff weight of not more than
6,000 pounds.
(k) Operations Covered.--The provisions and requirements covered in
this section do not apply to pilots who elect to operate under the
medical requirements under subsection (b) or subsection (c) of section
61.23 of title 14, Code of Federal Regulations.
(l) Authority To Require Additional Information.--
(1) In general.--If the Administrator receives credible or
urgent information, including from the National Driver Register or
the Administrator's Safety Hotline, that reflects on an
individual's ability to safely operate a covered aircraft under the
third-class medical certificate exemption in subsection (a), the
Administrator may require the individual to provide additional
information or history so that the Administrator may determine
whether the individual is safe to continue operating a covered
aircraft.
(2) Use of information.--The Administrator may use credible or
urgent information received under paragraph (1) to request an
individual to provide additional information or to take actions
under section 44709(b) of title 49, United States Code.

336cbbf719c2c0f240870b78dc78ee9bf0793fdc1a115b117c9951a7b4ad4913

(a) Deplaning Following Excessive Tarmac Delay.--Section
42301(b)(3) of title 49, United States Code, is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
(2) by inserting after subparagraph (B) the following:
``(C) In providing the option described in subparagraph
(A), the air carrier shall begin to return the aircraft to a
suitable disembarkation point--
``(i) in the case of a flight in interstate air
transportation, not later than 3 hours after the main
aircraft door is closed in preparation for departure; and
``(ii) in the case of a flight in foreign air
transportation, not later than 4 hours after the main
aircraft door is closed in preparation for departure.'';
and
(3) in subparagraph (D) (as redesignated by paragraph (1) of
this subsection) by striking ``subparagraphs (A) and (B)'' and
inserting ``subparagraphs (A), (B), and (C)''.
(b) Excessive Tarmac Delay Defined.--Section 42301(i)(4) of title
49, United States Code, is amended to read as follows:
``(4) Excessive tarmac delay.--The term `excessive tarmac
delay' means a tarmac delay of more than--
``(A) 3 hours for a flight in interstate air
transportation; or
``(B) 4 hours for a flight in foreign air
transportation.''.
(c) Regulations.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation shall issue
regulations and take other actions necessary to carry out the
amendments made by this section.

d18919911cc7c835fa05bc0ded050071ad918caed7a0945fb4239d8f0535c2f3

(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall review and, if
appropriate, establish a policy directing all air carriers providing
scheduled passenger interstate or intrastate air transportation to
establish policies that enable a child, who is age 13 or under on the
date an applicable flight is scheduled to occur, to be seated in a seat
adjacent to the seat of an accompanying family member over the age of
13, to the maximum extent practicable and at no additional cost, except
when assignment to an adjacent seat would require an upgrade to another
cabin class or a seat with extra legroom or seat pitch for which
additional payment is normally required.
(b) Effect on Airline Boarding and Seating Policies.--When
considering any new policy under this section, the Secretary shall
consider the traditional seating and boarding policies of air carriers
providing scheduled passenger interstate or intrastate air
transportation and whether those policies generally allow families to
sit together.
(c) Statutory Construction.--Notwithstanding the requirement in
subsection (a), nothing in this section may be construed to allow the
Secretary to impose a significant change in the overall seating or
boarding policy of an air carrier providing scheduled passenger
interstate or intrastate air transportation that has an open or
flexible seating policy in place that generally allows adjacent family
seating as described in subsection (a).

cbfbc662529b6042bf73d5a7abbd625a0f9b8caff1d24b6cac4df97121664e2d

This title may be cited as the ``Aviation Security Act of 2016''.

a3ba226a510a68b15592312c890913c68fbc1dd8d46018e08ab43511277f01ea

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Department.--The term ``Department'' means the Department
of Homeland Security.
(3) Precheck program.--The term ``PreCheck Program'' means the
trusted traveler program implemented by the Transportation Security
Administration under section 109(a)(3) of the Aviation and
Transportation Security Act (Public Law 107-71; 49 U.S.C. 114
note).
(4) TSA.--The term ``TSA'' means the Transportation Security
Administration.
Subtitle A--TSA PreCheck Expansion

ab38b226db02267b67f9a2b8b01e03d924509612fdd8f2d353fc32b5095f98f8

The Administrator shall continue to administer the PreCheck
Program.

62326c63b890e479963b96c47474eb5fb2265784e30ca19926f2acc81da89813

(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall publish PreCheck Program
enrollment standards that add multiple private sector application
capabilities for the PreCheck Program to increase the public's
enrollment access to the program, including standards that allow the
use of secure technologies, including online enrollment, kiosks,
tablets, or staffed laptop stations at which individuals can apply for
entry into the program.
(b) Requirements.--Upon publication of the PreCheck Program
enrollment standards under subsection (a), the Administrator shall--
(1) coordinate with interested parties--
(A) to deploy TSA-approved ready-to-market private sector
solutions that meet the PreCheck Program enrollment standards
under such subsection;
(B) to make available additional PreCheck Program
enrollment capabilities; and
(C) to offer secure online and mobile enrollment
opportunities;
(2) partner with the private sector to collect biographic and
biometric identification information via kiosks, mobile devices, or
other mobile enrollment platforms to increase enrollment
flexibility and minimize the amount of travel to enrollment centers
for applicants;
(3) ensure that any information, including biographic
information, is collected in a manner that--
(A) is comparable with the appropriate and applicable
standards developed by the National Institute of Standards and
Technology; and
(B) protects privacy and data security, including that any
personally identifiable information is collected, retained,
used, and shared in a manner consistent with section 552a of
title 5, United States Code (commonly known as ``Privacy Act of
1974''), and with agency regulations;
(4) ensure that the enrollment process is streamlined and
flexible to allow an individual to provide additional information
to complete enrollment and verify identity;
(5) ensure that any enrollment expansion using a private sector
risk assessment instead of a fingerprint-based criminal history
records check is evaluated and certified by the Secretary of
Homeland Security, and verified by the Government Accountability
Office or a federally funded research and development center after
award to be equivalent to a fingerprint-based criminal history
records check conducted through the Federal Bureau of Investigation
with respect to the effectiveness of identifying individuals who
are not qualified to participate in the PreCheck Program due to
disqualifying criminal history; and
(6) ensure that the Secretary has certified that reasonable
procedures are in place with regard to the accuracy, relevancy, and
proper utilization of information employed in private sector risk
assessments.
(c) Marketing of PreCheck Program.--Upon publication of PreCheck
Program enrollment standards under subsection (a), the Administrator
shall--
(1) in accordance with such standards, develop and implement--
(A) a continual process, including an associated timeframe,
for approving private sector marketing of the PreCheck Program;
and
(B) a long-term strategy for partnering with the private
sector to encourage enrollment in such program;
(2) submit to Congress, at the end of each fiscal year, a
report on any PreCheck Program application fees collected in excess
of the costs of administering the program, including to assess the
feasibility of the program, for such fiscal year, and
recommendations for using such fees to support marketing of the
program.
(d) Identity Verification Enhancement.--Not later than 120 days
after the date of enactment of this Act, the Administrator shall--
(1) coordinate with the heads of appropriate components of the
Department to leverage Department-held data and technologies to
verify the citizenship of individuals enrolling in the PreCheck
Program;
(2) partner with the private sector to use biometrics and
authentication standards, such as relevant standards developed by
the National Institute of Standards and Technology, to facilitate
enrollment in the program; and
(3) consider leveraging the existing resources and abilities of
airports to conduct fingerprint and background checks to expedite
identity verification.
(e) PreCheck Program Lanes Operation.--The Administrator shall--
(1) ensure that PreCheck Program screening lanes are open and
available during peak and high-volume travel times at appropriate
airports to individuals enrolled in the PreCheck Program; and
(2) make every practicable effort to provide expedited
screening at standard screening lanes during times when PreCheck
Program screening lanes are closed to individuals enrolled in the
program in order to maintain operational efficiency.
(f) Vetting for PreCheck Program Participants.--Not later than 90
days after the date of enactment of this Act, the Administrator shall
initiate an assessment to identify any security vulnerabilities in the
vetting process for the PreCheck Program, including determining whether
subjecting PreCheck Program participants to recurrent fingerprint-based
criminal history records checks, in addition to recurrent checks
against the terrorist watchlist, could be done in a cost-effective
manner to strengthen the security of the PreCheck Program.
Subtitle B--Securing Aviation From Foreign Entry Points and Guarding
Airports Through Enhanced Security

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(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall conduct a comprehensive
security risk assessment of all last point of departure airports with
nonstop flights to the United States.
(b) Contents.--The security risk assessment required under
subsection (a) shall include consideration of the following:
(1) The level of coordination and cooperation between the TSA
and the foreign government of the country in which the last point
of departure airport with nonstop flights to the United States is
located.
(2) The intelligence and threat mitigation capabilities of the
country in which such airport is located.
(3) The number of known or suspected terrorists annually
transiting through such airport.
(4) The degree to which the foreign government of the country
in which such airport is located mandates, encourages, or prohibits
the collection, analysis, and sharing of passenger name records.
(5) The passenger security screening practices, capabilities,
and capacity of such airport.
(6) The security vetting undergone by aviation workers at such
airport.
(7) The access controls utilized by such airport to limit to
authorized personnel access to secure and sterile areas of such
airports.

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(a) In General.--Not later than 240 days after the date of
enactment of this Act, the Administrator shall submit to Congress and
the Government Accountability Office a plan--
(1) to enhance and bolster security collaboration,
coordination, and information sharing relating to securing
international-inbound aviation between the United States and
domestic and foreign partners, including U.S. Customs and Border
Protection, foreign government entities, passenger air carriers,
cargo air carriers, and United States Government entities, in order
to enhance security capabilities at foreign airports, including
airports that may not have nonstop flights to the United States but
are nonetheless determined by the Administrator to be high risk;
and
(2) that includes an assessment of the ability of the TSA to
enter into a mutual agreement with a foreign government entity that
permits TSA representatives to conduct without prior notice
inspections of foreign airports.
(b) GAO Review.--Not later than 180 days after the submission of
the plan required under subsection (a), the Comptroller General of the
United States shall review the efforts, capabilities, and effectiveness
of the TSA to enhance security capabilities at foreign airports and
determine if the implementation of such efforts and capabilities
effectively secures international-inbound aviation.

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Not later than 270 days after the date of enactment of this Act,
the Administrator shall submit to Congress a comprehensive workforce
assessment of all TSA personnel within the Office of Global Strategies
of the TSA or whose primary professional duties contribute to the TSA's
global efforts to secure transportation security, including a review of
whether such personnel are assigned in a risk-based, intelligence-
driven manner.

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STATES.
(a) In General.--The Administrator is authorized to donate security
screening equipment to a foreign last point of departure airport
operator if such equipment can be reasonably expected to mitigate a
specific vulnerability to the security of the United States or United
States citizens.
(b) Report.--Not later than 30 days before any donation of security
screening equipment pursuant to subsection (a), the Administrator shall
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and Transportation of
the Senate a detailed written explanation of the following:
(1) The specific vulnerability to the United States or United
States citizens that will be mitigated by such donation.
(2) An explanation as to why the recipient of such donation is
unable or unwilling to purchase security screening equipment to
mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case of
emergency or instability in the country to which such donation is
being made.
(4) How the Administrator will ensure the security screening
equipment that is being donated is used and maintained over the
course of its life by the recipient.
(5) The total dollar value of such donation.

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(a) In General.--The Administrator may evaluate foreign countries'
air cargo security programs to determine whether such programs provide
a level of security commensurate with the level of security required by
United States air cargo security programs.
(b) Approval and Recognition.--
(1) In general.--If the Administrator determines that a foreign
country's air cargo security program evaluated under subsection (a)
provides a level of security commensurate with the level of
security required by United States air cargo security programs, the
Administrator shall approve and officially recognize such foreign
country's air cargo security program.
(2) Effect of approval and recognition.--If the Administrator
approves and officially recognizes pursuant to paragraph (1) a
foreign country's air cargo security program, an aircraft
transporting cargo that is departing such foreign country shall not
be required to adhere to United States air cargo security programs
that would otherwise be applicable.
(c) Revocation and Suspension.--
(1) In general.--If the Administrator determines at any time
that a foreign country's air cargo security program approved and
officially recognized under subsection (b) no longer provides a
level of security commensurate with the level of security required
by United States air cargo security programs, the Administrator may
revoke or temporarily suspend such approval and official
recognition until such time as the Administrator determines that
such foreign country's cargo security programs provide a level of
security commensurate with the level of security required by such
United States air cargo security programs.
(2) Notification.--If the Administrator revokes or suspends
pursuant to paragraph (1) a foreign country's air cargo security
program, the Administrator shall notify the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later than
30 days after such revocation or suspension.
(d) Application.--This section shall apply irrespective of whether
cargo is transported on an aircraft of an air carrier, a foreign air
carrier, a cargo carrier, or a foreign cargo carrier.

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(a) In General.--The Administrator shall establish an international
training and capacity development program to train the appropriate
authorities of foreign governments in air transportation security.
(b) Contents of Training.--If the Administrator determines that a
foreign government would benefit from training and capacity development
assistance pursuant to subsection (a), the Administrator may provide to
the appropriate authorities of such foreign government technical
assistance and training programs to strengthen aviation security in
managerial, operational, and technical areas, including--
(1) active shooter scenarios;
(2) incident response;
(3) use of canines;
(4) mitigation of insider threats;
(5) perimeter security;
(6) operation and maintenance of security screening technology;
and
(7) recurrent related training and exercises.
Subtitle C--Checkpoint Optimization and Efficiency

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It is the sense of Congress that airport checkpoint wait times
should not take priority over the security of the aviation system of
the United States.

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(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Administrator shall complete an assessment
of the TSA's staffing allocation model to determine the necessary
staffing positions at all airports in the United States at which the
TSA operates passenger checkpoints.
(b) Appropriate Staffing.--The staffing allocation model described
in subsection (a) shall be based on necessary staffing levels to
maintain minimal passenger wait times and maximum security
effectiveness.
(c) Additional Resources.--In assessing necessary staffing for
minimal passenger wait times and maximum security effectiveness
referred to in subsection (b), the Administrator shall include the use
of canine explosives detection teams and technology to assist screeners
conducting security checks.
(d) Transparency.--The Administrator shall share with aviation
security stakeholders the staffing allocation model described in
subsection (a), as appropriate.
(e) Exchange of Information.--The Administrator shall require each
Federal Security Director to engage on a regular basis with the
appropriate aviation security stakeholders to exchange information
regarding airport operations, including security operations.
(f) GAO Review.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall review the staffing allocation model described in subsection (a)
and report to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the results of such review.

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(a) In General.--To the greatest extent practicable, the
Administrator shall direct that Transportation Security Officers with
appropriate certifications and training are assigned to passenger and
baggage security screening functions and that other TSA personnel who
may not have certification and training to screen passengers or baggage
are utilized for tasks not directly related to security screening,
including restocking bins and providing instructions and support to
passengers in security lines.
(b) Assessment and Reassignment.--The Administrator shall conduct
an assessment of headquarters personnel and reassign appropriate
personnel to assist with airport security screening activities on a
permanent or temporary basis, as appropriate.

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(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Administrator shall take the following
actions:
(1) Utilize the TSA's Behavior Detection Officers for passenger
and baggage security screening, including the verification of
traveler documents, particularly at designated PreCheck Program
lanes to ensure that such lanes are operational for use and maximum
efficiency.
(2) Make every practicable effort to grant additional
flexibility and authority to Federal Security Directors in matters
related to checkpoint and checked baggage staffing allocation and
employee overtime in furtherance of maintaining minimal passenger
wait times and maximum security effectiveness.
(3) Disseminate to aviation security stakeholders and
appropriate TSA personnel a list of checkpoint optimization best
practices.
(4) Request the Aviation Security Advisory Committee
(established pursuant to section 44946 of title 49, United States
Code) provide recommendations on best practices for checkpoint
security operations optimization.
(b) Staffing Advisory Coordination.--Not later than 30 days after
the date of the enactment of this Act, the Administrator shall--
(1) direct each Federal Security Director to coordinate local
representatives of aviation security stakeholders to establish a
staffing advisory working group at each airport at which the TSA
oversees or performs passenger security screening to provide
recommendations to the Administrator on Transportation Security
Officer staffing numbers, for each such airport; and
(2) certify to the Committee on Homeland Security of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that such staffing advisory working
groups have been established.
(c) Reporting.--Not later than 60 days after the date of the
enactment of this Act, the Administrator shall--
(1) report to the Committee on Homeland Security of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding how the TSA's Passenger
Screening Canine assets may be deployed and utilized for maximum
efficiency to mitigate risk and optimize checkpoint operations; and
(2) report to the Committee on Homeland Security of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of the TSA's Credential
Authentication Technology Assessment program and how deployment of
such program might optimize checkpoint operations.

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For purposes of this subtitle, the term ``aviation security
stakeholders'' shall mean, at a minimum, air carriers, airport
operators, and labor organizations representing Transportation Security
Officers or, where applicable, contract screeners.

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Nothing in this subtitle may be construed as authorizing or
directing the Administrator to prioritize reducing wait times over
security effectiveness.
Subtitle D--Aviation Security Enhancement and Oversight

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In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House of
Representatives;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Commerce, Science, and Transportation
of the Senate.
(2) ASAC.--The term ``ASAC'' means the Aviation Security
Advisory Committee established under section 44946 of title 49,
United States Code.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(4) SIDA.--The term ``SIDA'' means the Secure Identification
Display Area as such term is defined in section 1540.5 of title 49,
Code of Federal Regulations, or any successor regulation to such
section.

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(a) Insider Threats.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall conduct or update an
assessment to determine the level of risk posed to the domestic air
transportation system by individuals with unescorted access to a
secure area of an airport (as such term is defined in section
44903(j)(2)(H)) in light of recent international terrorist
activity.
(2) Considerations.--In conducting or updating the assessment
under paragraph (1), the Administrator shall consider--
(A) domestic intelligence;
(B) international intelligence;
(C) the vulnerabilities associated with unescorted access
authority granted to domestic airport operators and air
carriers, and their workers;
(D) the vulnerabilities associated with unescorted access
authority granted to foreign airport operators and air
carriers, and their workers;
(E) the processes and practices designed to mitigate the
vulnerabilities associated with unescorted access privileges
granted to airport operators and air carriers, and their
workers;
(F) the recent security breaches at domestic and foreign
airports; and
(G) the recent security improvements at domestic airports,
including the implementation of recommendations made by
relevant advisory committees, including the ASAC.
(b) Reports.--The Administrator shall submit to the appropriate
congressional committees--
(1) a report on the results of the assessment under subsection
(a), including any recommendations for improving aviation security;
(2) a report on the implementation status of any
recommendations made by the ASAC; and
(3) regular updates about the insider threat environment as new
information becomes available or as needed.

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(a) Enhanced Requirements.--
(1) In general.--Subject to public notice and comment, and in
consultation with airport operators, the Administrator shall update
the rules on access controls issued by the Secretary under chapter
449 of title 49, United States Code.
(2) Considerations.--As part of the update under paragraph (1),
the Administrator shall consider--
(A) increased fines and advanced oversight for airport
operators that report missing more than five percent of
credentials for unescorted access to any SIDA of an airport;
(B) best practices for Category X airport operators that
report missing more than three percent of credentials for
unescorted access to any SIDA of an airport;
(C) additional audits and status checks for airport
operators that report missing more than three percent of
credentials for unescorted access to any SIDA of an airport;
(D) review and analysis of the prior five years of audits
for airport operators that report missing more than three
percent of credentials for unescorted access to any SIDA of an
airport;
(E) increased fines and direct enforcement requirements for
both airport workers and their employers that fail to report
within 24 hours an employment termination or a missing
credential for unescorted access to any SIDA of an airport; and
(F) a method for termination by the employer of any airport
worker who fails to report in a timely manner missing
credentials for unescorted access to any SIDA of an airport.
(b) Temporary Credentials.--The Administrator may encourage the
issuance by airports and aircraft operators of free, one-time, 24-hour
temporary credentials for workers who have reported, in a timely
manner, their credentials missing, but not permanently lost, stolen, or
destroyed, until replacement of credentials under section 1542.211 of
title 49 Code of Federal Regulations is necessary.
(c) Notification and Report to Congress.--The Administrator shall--
(1) notify the appropriate congressional committees each time
an airport operator reports that more than three percent of
credentials for unescorted access to any SIDA at a Category X
airport are missing, or more than five percent of credentials to
access any SIDA at any other airport are missing; and
(2) submit to the appropriate congressional committees an
annual report on the number of violations and fines related to
unescorted access to the SIDA of an airport collected in the
preceding fiscal year.

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(a) Lawful Status.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall issue to airport
operators guidance regarding placement of an expiration date on each
airport credential issued to a non-United States citizen that is not
longer than the period of time during which such non-United States
citizen is lawfully authorized to work in the United States.
(b) Review of Procedures.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall--
(A) issue guidance for transportation security inspectors
to annually review the procedures of airport operators and air
carriers for applicants seeking unescorted access to any SIDA
of an airport; and
(B) make available to airport operators and air carriers
information on identifying suspicious or fraudulent
identification materials.
(2) Inclusions.--The guidance issued pursuant to paragraph (1)
shall require a comprehensive review of background checks and
employment authorization documents issued by United States
Citizenship and Immigration Services during the course of a review
of procedures under such paragraph.

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(a) Eligibility Requirements.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and subject to public notice and comment,
the Administrator shall revise the regulations issued under section
44936 of title 49, United States Code, in accordance with this
section and current knowledge of insider threats and intelligence
under section 3502, to enhance the eligibility requirements and
disqualifying criminal offenses for individuals seeking or having
unescorted access to any SIDA of an airport.
(2) Disqualifying criminal offenses.--In revising the
regulations under paragraph (1), the Administrator shall consider
adding to the list of disqualifying criminal offenses and criteria
the offenses and criteria listed in section 122.183(a)(4) of title
19, Code of Federal Regulations and section 1572.103 of title 49,
Code of Federal Regulations.
(3) Waiver process for denied credentials.--Notwithstanding
section 44936(b) of title 49, United States Code, in revising the
regulations under paragraph (1) of this subsection, the
Administrator shall--
(A) ensure there exists or is developed a waiver process
for approving the issuance of credentials for unescorted access
to any SIDA of an airport for an individual found to be
otherwise ineligible for such credentials; and
(B) consider, as appropriate and practicable--
(i) the circumstances of any disqualifying act or
offense, restitution made by the individual, Federal and
State mitigation remedies, and other factors from which it
may be concluded that the individual does not pose a
terrorism risk or a risk to aviation security warranting
denial of the credential; and
(ii) the elements of the appeals and waiver process
established under section 70105(c) of title 46, United
States Code.
(4) Look back.--In revising the regulations under paragraph
(1), the Administrator shall propose that an individual be
disqualified if the individual was convicted, or found not guilty
by reason of insanity, of a disqualifying criminal offense within
15 years before the date of an individual's application, or if the
individual was incarcerated for such crime and released from
incarceration within five years before the date of the individual's
application.
(5) Certifications.--The Administrator shall require an airport
or aircraft operator, as applicable, to certify for each individual
who receives unescorted access to any SIDA of an airport that--
(A) a specific need exists for providing the individual
with unescorted access authority; and
(B) the individual has certified to the airport or aircraft
operator that the individual understands the requirements for
possessing a SIDA badge.
(6) Report to congress.--Not later than 90 days after the date
of the enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report on the status of the
revision to the regulations issued under section 44936 of title 49,
United States Code, in accordance with this section.
(7) Rule of construction.--Nothing in this subsection may be
construed to affect existing aviation worker vetting fees imposed
by the TSA.
(b) Recurrent Vetting.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Administrator and the Director of the
Federal Bureau of Investigation shall fully implement the Rap Back
service for recurrent vetting of eligible TSA-regulated populations
of individuals with unescorted access to any SIDA of an airport.
(2) Requirements.--As part of the requirement in paragraph (1),
the Administrator shall ensure that--
(A) any status notifications the TSA receives through the
Rap Back service about criminal offenses be limited to only
disqualifying criminal offenses in accordance with the
regulations promulgated by the TSA under section 44903 of title
49, United States Code, or other Federal law; and
(B) any information received by the Administration through
the Rap Back service is provided directly and immediately to
the relevant airport and aircraft operators.
(3) Report to congress.--Not later than 30 days after
implementation of the Rap Back service described in paragraph (1),
the Administrator shall submit to the appropriate congressional
committees a report on the such implementation.
(c) Access to Terrorism-Related Data.--Not later than 30 days after
the date of the enactment of this Act, the Administrator and the
Director of National Intelligence shall coordinate to ensure that the
Administrator is authorized to receive automated, real-time access to
additional Terrorist Identities Datamart Environment (TIDE) data and
any other terrorism-related category codes to improve the effectiveness
of the TSA's credential vetting program for individuals who are seeking
or have unescorted access to any SIDA of an airport.
(d) Access to E-Verify and SAVE Programs.--Not later than 90 days
after the date of the enactment of this Act, the Secretary shall
authorize each airport operator to have direct access to the E-Verify
program and the Systematic Alien Verification for Entitlements (SAVE)
automated system to determine the eligibility of individuals seeking
unescorted access to any SIDA of an airport.

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(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator shall develop and implement
performance metrics to measure the effectiveness of security for the
SIDAs of airports.
(b) Considerations.--In developing the performance metrics under
subsection (a), the Administrator may consider--
(1) adherence to access point procedures;
(2) proper use of credentials;
(3) differences in access point requirements between airport
workers performing functions on the airside of an airport and
airport workers performing functions in other areas of an airport;
(4) differences in access point characteristics and
requirements at airports; and
(5) any additional factors the Administrator considers
necessary to measure performance.

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(a) Model and Best Practices.--Not later than 180 days after the
date of the enactment of this Act, the Administrator, in consultation
with the ASAC, shall develop a model and best practices for unescorted
access security that--
(1) use intelligence, scientific algorithms, and risk-based
factors;
(2) ensure integrity, accountability, and control;
(3) subject airport workers to random physical security
inspections conducted by TSA representatives in accordance with
this section;
(4) appropriately manage the number of SIDA access points to
improve supervision of and reduce unauthorized access to SIDAs; and
(5) include validation of identification materials, such as
with biometrics.
(b) Inspections.--Consistent with a risk-based security approach,
the Administrator shall expand the use of transportation security
officers and inspectors to conduct enhanced, random and unpredictable,
data-driven, and operationally dynamic physical inspections of airport
workers in each SIDA of an airport and at each SIDA access point to--
(1) verify the credentials of such airport workers;
(2) determine whether such airport workers possess prohibited
items, except for those items that may be necessary for the
performance of such airport workers' duties, as appropriate, in any
SIDA of an airport; and
(3) verify whether such airport workers are following
appropriate procedures to access any SIDA of an airport.
(c) Screening Review.--
(1) In general.--The Administrator shall conduct a review of
airports that have implemented additional airport worker screening
or perimeter security to improve airport security, including--
(A) comprehensive airport worker screening at access points
to secure areas;
(B) comprehensive perimeter screening, including vehicles;
(C) enhanced fencing or perimeter sensors; and
(D) any additional airport worker screening or perimeter
security measures the Administrator identifies.
(2) Best practices.--After completing the review under
paragraph (1), the Administrator shall--
(A) identify best practices for additional access control
and airport worker security at airports; and
(B) disseminate to airport operators the best practices
identified under subparagraph (A).
(3) Pilot program.--The Administrator may conduct a pilot
program at one or more airports to test and validate best practices
for comprehensive airport worker screening or perimeter security
under paragraph (2).

c00f1bd54cb2b4c347ab2dc952c5830eb5ce1a108219d3a31f5d86ef99fa68c0

(a) In General.--The Administrator shall increase the use of red-
team, covert testing of access controls to any secure areas of an
airport.
(b) Additional Covert Testing.--The Inspector General of the
Department of Homeland Security shall conduct red-team, covert testing
of airport access controls to the SIDAs of airports.
(c) Reports to Congress.--
(1) Administrator report.--Not later than 90 days after the
date of the enactment of this Act, the Administrator shall submit
to the appropriate congressional committees a report on the
progress to expand the use of inspections and of red-team, covert
testing under subsection (a).
(2) Inspector general report.--Not later than 180 days after
the date of the enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit to the appropriate
congressional committees a report on the effectiveness of airport
access controls to the SIDAs of airports based on red-team, covert
testing under subsection (b).

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(a) Review.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Administrator, in
consultation with the appropriate regulated entities, shall conduct a
comprehensive review of every current security directive addressed to
any regulated entity to--
(1) determine whether each such security directive continues to
be relevant;
(2) determine whether such security directives should be
streamlined or consolidated to most efficiently maximize risk
reduction; and
(3) update, consolidate, or revoke any security directive as
necessary.
(b) Notice.--For each security directive that the Administrator
issues, the Administrator shall submit to the appropriate congressional
committees notice of--
(1) the extent to which each such security directive responds
to a specific threat, security threat assessment, or emergency
situation against civil aviation; and
(2) when it is anticipated that each such security directive
will expire.

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Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall--
(1) assess the progress made by the TSA and the effect on
aviation security of implementing the requirements under sections
3402 through 3409 of this subtitle; and
(2) report to the appropriate congressional committees on the
results of the assessment under paragraph (1), including any
recommendations.

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(a) ASAC Terms of Office.--Subparagraph (A) of section 44946(c)(2)
of title 49, United States Code, is amended to read as follows:
``(A) Terms.--The term of each member of the Advisory
Committee shall be two years, but a member may continue to
serve until a successor is appointed. A member of the Advisory
Committee may be reappointed.''.
(b) Feedback.--Paragraph (5) of section 44946(b) of title 49,
United States Code, is amended by striking ``paragraph (4)'' and
inserting ``paragraph (2) or (4)''.
Subtitle E--Checkpoints of the Future

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(a) In General.--The Administrator, in accordance with chapter 449
of title 49, United States Code, shall request the Aviation Security
Advisory Committee (established pursuant to section 44946 of such
title) to develop recommendations for more efficient and effective
passenger screening processes.
(b) Considerations.--In making recommendations to improve existing
passenger screening processes, the Aviation Security Advisory Committee
shall consider--
(1) the configuration of a checkpoint;
(2) technology innovation;
(3) ways to address any vulnerabilities identified in audits of
checkpoint operations;
(4) ways to prevent security breaches at airports at which
Federal security screening is provided;
(5) best practices in aviation security;
(6) recommendations from airports and aircraft operators, and
any relevant advisory committees; and
(7) ``curb to curb'' processes and procedures.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate a report on the results of
the Aviation Security Advisory Committee review under this section,
including any recommendations for improving passenger screening
processes.

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CATEGORY X AIRPORTS.
(a) In General.--The Administrator shall establish a pilot program
at at least three and not more than six airports to reconfigure and
install security systems that increase efficiency and reduce
vulnerabilities in airport terminals, particularly at airports that
have large open areas at which screening is conducted.
(b) Selection of Airports.--In selecting airports for the pilot
program established under subsection (a), the Administrator shall--
(1) select airports from among airports classified by the TSA
as Category X airports and that are able to begin the
reconfiguration and installation of security systems expeditiously;
and
(2) give priority to an airport that--
(A) submits a proposal that seeks Federal funding for
reconfiguration of such airport's security systems;
(B) has the space needed to reduce vulnerabilities and
reconfigure existing security systems; and
(C) is able to enter into a cost-sharing arrangement with
the TSA under which such airport will provided funding towards
the cost of such pilot program.

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FOR AIRPORT SECURITY SYSTEMS.
(a) In General.--The Administrator shall establish a pilot program
at three airports to develop and test prototypes of screening security
systems and security checkpoint configurations that are intended to
expedite the movement of passengers by deploying a range of
technologies, including passive and active systems, new types of
security baggage and personal screening systems, and new systems to
review and address passenger and baggage anomalies.
(b) Selection of Airports.--In selecting airports for the pilot
program established under subsection (a), the Administrator shall--
(1) select airports from among airports classified by the TSA
as Category X airports that are able to begin the reconfiguration
and installation of security systems expeditiously;
(2) consider detection capabilities; and
(3) give priority to an airport that--
(A) submits a proposal that seeks Federal funding to test
prototypes for new airport security systems;
(B) has the space needed to reduce vulnerabilities and
reconfigure existing security systems; and
(C) is able to enter into a cost-sharing arrangement with
the TSA under which such airport will provided funding towards
the cost of such pilot program.

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Not later than 90 days after the date of the enactment of this Act,
the Administrator shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate and a report on the pilot programs
established under sections 3502 and 3503 of this subtitle.

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The Administrator shall carry out the pilot programs established
under sections 3502 and 3503 of this subtitle using amounts--
(1) appropriated to the TSA before the date of the enactment of
this Act and available for obligation as of such date of enactment;
and
(2) amounts obtained as reimbursements from airports under such
pilot programs.

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SECURITY ADMINISTRATION.
The Administrator, in carrying out the functions of the pilot
programs established under sections 3502 and 3503 of this subtitle, may
accept services, supplies, equipment, personnel, or facilities, without
reimbursement, from any other public or private entity.
Subtitle F--Miscellaneous Provisions

9b537dfdfffa7bc1f146c7bd84eb38d03dc743298d9249c07660766914757f9d

Section 1303 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1112) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) shall require, as appropriate based on risk, in the case
of a VIPR team deployed to an airport, that the VIPR team conduct
operations--
``(A) in the sterile area and any other areas to which only
individuals issued security credentials have unescorted access;
and
``(B) in nonsterile areas.''; and
(2) in subsection (b), by striking ``such sums as necessary for
fiscal years 2007 through 2011'' and inserting ``such sums as
necessary, including funds to develop not more than 60 VIPR teams,
for fiscal years 2016 through 2018''.

5cc86c227248f654dde79b82ab1a9a6c875dbe0172061108cd3eb2a2902fc1da

Aviation Security Act of 2016 — HR. 636

Other Sections

TITLE I

TITLE II

TITLE III

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