Text: H.R.636 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-190 (07/15/2016)

 
[114th Congress Public Law 190]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 615]]

Public Law 114-190
114th Congress

                                 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. <<NOTE: July 15, 
                          2016 -  [H.R. 636]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: FAA Extension, 
Safety, and Security Act of 2016. 49 USC 40101 note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (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:

Sec. 1. Short title; table of contents.
Sec. 2. Appropriate committees of Congress defined.

                         TITLE I--FAA EXTENSION

                 Subtitle A--Airport and Airway Programs

Sec. 1101. Extension of airport improvement program.
Sec. 1102. Extension of expiring authorities.
Sec. 1103. Federal Aviation Administration operations.
Sec. 1104. Air navigation facilities and equipment.
Sec. 1105. Research, engineering, and development.
Sec. 1106. Funding for aviation programs.
Sec. 1107. Essential air service.

                     Subtitle B--Revenue Provisions

Sec. 1201. Expenditure authority from Airport and Airway Trust Fund.
Sec. 1202. Extension of taxes funding Airport and Airway Trust Fund.

               TITLE II--AVIATION SAFETY CRITICAL REFORMS

                           Subtitle A--Safety

Sec. 2101. Pilot records database deadline.
Sec. 2102. Cockpit automation management.
Sec. 2103. Enhanced mental health screening for pilots.
Sec. 2104. Laser pointer incidents.
Sec. 2105. Crash-resistant fuel systems.
Sec. 2106. Hiring of air traffic controllers.
Sec. 2107. Training policies regarding assistance for persons with 
           disabilities.
Sec. 2108. Air travel accessibility.
Sec. 2109. Additional certification resources.
Sec. 2110. Tower marking.
Sec. 2111. Aviation cybersecurity.
Sec. 2112. Repair stations located outside United States.
Sec. 2113. Enhanced training for flight attendants.

                         Subtitle B--UAS Safety

Sec. 2201. Definitions.
Sec. 2202. Identification standards.
Sec. 2203. Safety statements.

[[Page 130 STAT. 616]]

Sec. 2204. Facilitating interagency cooperation for unmanned aircraft 
           authorization in support of firefighting operations and 
           utility restoration.
Sec. 2205. Interference with wildfire suppression, law enforcement, or 
           emergency response effort by operation of unmanned aircraft.
Sec. 2206. Pilot project for airport safety and airspace hazard 
           mitigation.
Sec. 2207. Emergency exemption process.
Sec. 2208. Unmanned aircraft systems traffic management.
Sec. 2209. Applications for designation.
Sec. 2210. Operations associated with critical infrastructure.
Sec. 2211. Unmanned aircraft systems research and development roadmap.
Sec. 2212. Unmanned aircraft systems-manned aircraft collision research.
Sec. 2213. Probabilistic metrics research and development study.

               Subtitle C--Time Sensitive Aviation Reforms

Sec. 2301. Small airport relief for safety projects.
Sec. 2302. Use of revenues at previously associated airport.
Sec. 2303. Working group on improving air service to small communities.
Sec. 2304. Computation of basic annuity for certain air traffic 
           controllers.
Sec. 2305. Refunds for delayed baggage.
Sec. 2306. Contract weather observers.
Sec. 2307. Medical certification of certain small aircraft pilots.
Sec. 2308. Tarmac delays.
Sec. 2309. Family seating.

                      TITLE III--AVIATION SECURITY

Sec. 3001. Short title.
Sec. 3002. Definitions.

                   Subtitle A--TSA PreCheck Expansion

Sec. 3101. PreCheck program authorization.
Sec. 3102. PreCheck program enrollment expansion.

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

Sec. 3201. Last point of departure airport security assessment.
Sec. 3202. Security coordination enhancement plan.
Sec. 3203. Workforce assessment.
Sec. 3204. Donation of screening equipment to protect the United States.
Sec. 3205. National cargo security program.
Sec. 3206. International training and capacity development.

           Subtitle C--Checkpoint Optimization and Efficiency

Sec. 3301. Sense of Congress.
Sec. 3302. Enhanced staffing allocation model.
Sec. 3303. Effective utilization of staffing resources.
Sec. 3304. TSA staffing and resource allocation.
Sec. 3305. Aviation security stakeholders defined.
Sec. 3306. Rule of construction.

         Subtitle D--Aviation Security Enhancement and Oversight

Sec. 3401. Definitions.
Sec. 3402. Threat assessment.
Sec. 3403. Oversight.
Sec. 3404. Credentials.
Sec. 3405. Vetting.
Sec. 3406. Metrics.
Sec. 3407. Inspections and assessments.
Sec. 3408. Covert testing.
Sec. 3409. Security directives.
Sec. 3410. Implementation report.
Sec. 3411. Miscellaneous amendments.

                  Subtitle E--Checkpoints of the Future

Sec. 3501. Checkpoints of the future.
Sec. 3502. Pilot program for increased efficiency and security at 
           Category X airports.
Sec. 3503. Pilot program for the development and testing of prototypes 
           for airport security systems.
Sec. 3504. Report required.
Sec. 3505. Funding.

[[Page 130 STAT. 617]]

Sec. 3506. Acceptance and provision of resources by the Transportation 
           Security Administration.

                  Subtitle F--Miscellaneous Provisions

Sec. 3601. Visible deterrent.
Sec. 3602. Law enforcement training for mass casualty and active shooter 
           incidents.
Sec. 3603. Assistance to airports and surface transportation systems.

SEC. 2. <<NOTE: 49 USC 40101 note.>>  APPROPRIATE COMMITTEES OF 
                    CONGRESS DEFINED.

    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.

                         TITLE I--FAA EXTENSION

                 Subtitle A--Airport and Airway Programs

SEC. 1101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

    (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,''.
SEC. 1102. EXTENSION OF EXPIRING AUTHORITIES.

    (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''.

[[Page 130 STAT. 618]]

    (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''.
SEC. 1103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

    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,''.
SEC. 1104. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    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.''.
SEC. 1105. RESEARCH, ENGINEERING, AND DEVELOPMENT.

    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.''.
SEC. 1106. FUNDING FOR AVIATION PROGRAMS.

    (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.
SEC. 1107. ESSENTIAL AIR SERVICE.

    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

SEC. 1201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST 
                          FUND.

    (a) In General.--Section 9502(d)(1) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 9502.>>  is amended--

[[Page 130 STAT. 619]]

            (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) <<NOTE: 26 USC 
9502.>>  of such Code is amended by striking ``July 16, 2016'' and 
inserting ``October 1, 2017''.
SEC. 1202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST 
                          FUND.

    (a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code 
of 1986 <<NOTE: 26 USC 4081.>>  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''.

               TITLE II--AVIATION SAFETY CRITICAL REFORMS

                           Subtitle A--Safety

SEC. 2101. PILOT RECORDS DATABASE DEADLINE.

    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''.
SEC. 2102. <<NOTE: Deadline. 49 USC 44701 note.>>  COCKPIT 
                          AUTOMATION MANAGEMENT.

    Not later than 180 days after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall--
            (1) <<NOTE: Verification.>>  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) <<NOTE: Guidance.>>  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) <<NOTE: Guidance.>>  issue guidance to air carriers and 
        inspectors regarding standards for compliance with the 
        requirements for enhanced

[[Page 130 STAT. 620]]

        pilot training contained in the final rule published in the 
        Federal Register on November 12, 2013 (78 Fed. Reg. 67800).
SEC. 2103. <<NOTE: Deadline. Recommenda- tions. Determination.>>  
                          ENHANCED MENTAL HEALTH SCREENING FOR 
                          PILOTS.

    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.
SEC. 2104. <<NOTE: 49 USC 46301 note. Effective 
                          date. Coordination. Updates.>>  LASER 
                          POINTER INCIDENTS.

    (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.
SEC. 2105. <<NOTE: Deadline. Evaluation. Update. Rotorcraft. 49 
                          USC 44504 note.>>  CRASH-RESISTANT FUEL 
                          SYSTEMS.

    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.
SEC. 2106. HIRING OF AIR TRAFFIC CONTROLLERS.

    (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 <<NOTE: Time periods.>>  
                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

[[Page 130 STAT. 621]]

                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) <<NOTE: Deadline.>>  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

[[Page 130 STAT. 622]]

                      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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 49 USC 41705 note.>>  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.
SEC. 2107. TRAINING POLICIES REGARDING ASSISTANCE FOR PERSONS WITH 
                          DISABILITIES.

    (a) <<NOTE: Deadline. Reports. Assessment.>>  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) <<NOTE: Public information.>>  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.
SEC. 2108. <<NOTE: Deadline. Notice. Regulations.>>  AIR TRAVEL 
                          ACCESSIBILITY.

    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.

[[Page 130 STAT. 623]]

SEC. 2109. <<NOTE: 49 USC 44701 note. Contracts.>>  ADDITIONAL 
                          CERTIFICATION RESOURCES.

    (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.
SEC. 2110. <<NOTE: 49 USC 44718 note. Deadline. Regulations.>>  
                          TOWER MARKING.

    (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

[[Page 130 STAT. 624]]

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) <<NOTE: Deadline.>>  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;

[[Page 130 STAT. 625]]

            (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.
SEC. 2111. <<NOTE: 49 USC 44903 note.>>  AVIATION CYBERSECURITY.

    (a) Comprehensive and Strategic Aviation Framework.--
            (1) <<NOTE: Deadline.>>  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

[[Page 130 STAT. 626]]

                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) <<NOTE: Guidelines.>>  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) <<NOTE: Coordination.>>  coordinate with 
                aviation stakeholders, including, at a minimum, 
                representatives of industry, airlines, manufacturers, 
                airports, RTCA, Inc., and unions;
                    (B) <<NOTE: Consultation.>>  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) <<NOTE: Evaluation.>>  evaluate, on a periodic 
                basis, the effectiveness of the principles established 
                under this subsection.

    (b) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Consultation. Assessment. Research and 
development.>>  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 <<NOTE: Deadline. Consultation. Reports. Plan.>>  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

[[Page 130 STAT. 627]]

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) <<NOTE: Deadline. Consultation. Plan.>>  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) <<NOTE: Evaluation. Determination.>>  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) <<NOTE: Time period.>>  objectives, proposed tasks, 
        milestones, and a 5-year budgetary profile.
SEC. 2112. REPAIR STATIONS LOCATED OUTSIDE UNITED STATES.

    (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) <<NOTE: Deadline.>>  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

[[Page 130 STAT. 628]]

                    (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) <<NOTE: Deadlines. Notice. Regulations. Federal Register, 
publication. 49 USC 44733 note.>>  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) <<NOTE: Deadline. 49 USC 44733 note.>>  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.
SEC. 2113. ENHANCED TRAINING FOR FLIGHT ATTENDANTS.

    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

SEC. 2201. <<NOTE: 49 USC 40101 note.>>  DEFINITIONS.

    (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.--

[[Page 130 STAT. 629]]

                    ``(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) <<NOTE: Deadline.>>  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.''.
SEC. 2202. <<NOTE: 49 USC 40101 note. Consultation.>>  
                          IDENTIFICATION STANDARDS.

    (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) <<NOTE: Reports.>>  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) <<NOTE: Deadline. Regulations.>>  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).
SEC. 2203. <<NOTE: 49 USC 40101 note. Effective date.>>  SAFETY 
                          STATEMENTS.

    (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) <<NOTE: Deadline. Guidance.>>  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;

[[Page 130 STAT. 630]]

                    (B) <<NOTE: Recommenda- tions.>>  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.
SEC. 2204. <<NOTE: Contracts. 49 USC 40101 note.>>  FACILITATING 
                          INTERAGENCY COOPERATION FOR UNMANNED 
                          AIRCRAFT 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)).
SEC. 2205. <<NOTE: 49 USC 40101 note.>>  INTERFERENCE WITH 
                          WILDFIRE SUPPRESSION, LAW ENFORCEMENT, 
                          OR 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:

[[Page 130 STAT. 631]]

``Sec. 46320. <<NOTE: 49 USC 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, <<NOTE: 49 USC prec. 46301.>>  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.''.

SEC. 2206. <<NOTE: 49 USC 40101 note.>>  PILOT PROJECT FOR AIRPORT 
                          SAFETY AND AIRSPACE HAZARD 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.

[[Page 130 STAT. 632]]

    (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) <<NOTE: Recommenda- tions.>>  Recommendations 
                for safety and operational standards for unmanned 
                aircraft detection systems.
                    (F) The feasibility of deployment of the systems at 
                other airports.
            (3) <<NOTE: Classified information.>>  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).
SEC. 2207. <<NOTE: 49 USC 40101 
                          note. Deadline. Publication. Guidance. Pr
                          ocedures. Certification. Waiver 
                          authority.>>  EMERGENCY EXEMPTION 
                          PROCESS.

    (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--

[[Page 130 STAT. 633]]

            (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.
SEC. 2208. <<NOTE: 49 USC 40101 note.>>  UNMANNED AIRCRAFT SYSTEMS 
                          TRAFFIC MANAGEMENT.

    (a) Research Plan for UTM Development and Deployment.--
            (1) <<NOTE: Coordination.>>  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) <<NOTE: Web posting.>>  publish the 
                      research plan on the Internet Web site of the 
                      Federal Aviation Administration.

    (b) Pilot Program.--
            (1) <<NOTE: Deadline. Coordination.>>  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

[[Page 130 STAT. 634]]

        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) <<NOTE: Deadlines.>>  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.
SEC. 2209. <<NOTE: 49 USC 40101 note. Deadline.>>  APPLICATIONS 
                          FOR DESIGNATION.

    (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) <<NOTE: Deadline. Notice.>>  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;

[[Page 130 STAT. 635]]

                          (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) <<NOTE: Web posting.>>  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).
SEC. 2210. <<NOTE: 49 USC 40101 note.>>  OPERATIONS ASSOCIATED 
                          WITH CRITICAL INFRASTRUCTURE.

    (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) <<NOTE: Applicability.>>  Definitions.--In this section, the 
following definitions apply:
            (1) Covered facility.--The term ``covered facility'' means--
                    (A) a pipeline or pipeline system;

[[Page 130 STAT. 636]]

                    (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.
SEC. 2211. <<NOTE: 49 USC 40101 note.>>  UNMANNED AIRCRAFT SYSTEMS 
                          RESEARCH AND DEVELOPMENT ROADMAP.

    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) <<NOTE: Cost estimates.>>  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;

[[Page 130 STAT. 637]]

                    ``(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) <<NOTE: Assessment.>>  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.''.
SEC. 2212. <<NOTE: 49 USC 40101 note.>>  UNMANNED AIRCRAFT 
                          SYSTEMS-MANNED AIRCRAFT COLLISION 
                          RESEARCH.

    (a) <<NOTE: Coordination. Testing.>>  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.
SEC. 2213. <<NOTE: 49 USC 40101 note.>>  PROBABILISTIC METRICS 
                          RESEARCH AND DEVELOPMENT STUDY.

    (a) <<NOTE: Deadline. Contracts.>>  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

[[Page 130 STAT. 638]]

aircraft systems into the national airspace system, including any 
research and development necessary.

    (b) <<NOTE: Deadline.>>  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

SEC. 2301. SMALL AIRPORT RELIEF FOR SAFETY PROJECTS.

    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).''.
SEC. 2302. USE OF REVENUES AT PREVIOUSLY ASSOCIATED AIRPORT.

    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).''.
SEC. 2303. <<NOTE: Establishment.>>  WORKING GROUP ON IMPROVING 
                          AIR SERVICE TO SMALL COMMUNITIES.

    (a) <<NOTE: Deadline.>>  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

[[Page 130 STAT. 639]]

            (2) <<NOTE: Recommenda- tions.>>  to develop recommendations 
        for maintaining and improving air transportation service to and 
        from small communities.

    (b) <<NOTE: Consultation.>>  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) <<NOTE: Summary.>>  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

[[Page 130 STAT. 640]]

            (3) any recommendations for legislative or regulatory action 
        that would assist in maintaining and improving air 
        transportation service to and from small communities.
SEC. 2304. COMPUTATION OF BASIC ANNUITY FOR CERTAIN AIR TRAFFIC 
                          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) <<NOTE: 5 USC 8415 note.>>  Effective Date.--The amendment made 
by subsection (a) shall be deemed to be effective on December 12, 2003.

    (c) <<NOTE: 5 USC 8415 note.>>  Procedures Required.--The Director 
of the Office of Personnel Management shall establish such procedures as 
are necessary to provide for--
            (1) <<NOTE: Notification.>>  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.
SEC. 2305. <<NOTE: 49 USC 41704 note. Deadlines. Regulations.>>  
                          REFUNDS FOR DELAYED BAGGAGE.

    (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) <<NOTE: Determination.>>  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

[[Page 130 STAT. 641]]

            (2) the deadline relating to an international flight may not 
        exceed 30 hours after the arrival of the international flight.
SEC. 2306. CONTRACT WEATHER OBSERVERS.

    (a) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Termination date.>>  Continued Use of Contract Weather 
Observers.--The Administrator may not discontinue the contract weather 
observer program at any airport until October 1, 2017.
SEC. 2307. <<NOTE: 49 USC 44703 note.>>  MEDICAL CERTIFICATION OF 
                          CERTAIN SMALL AIRCRAFT PILOTS.

    (a) <<NOTE: Deadline. Regulations.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  the individual has completed a 
        medical education course described in subsection (c) during the 
        24 calendar months before

[[Page 130 STAT. 642]]

        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) <<NOTE: Time period.>>  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) <<NOTE: Deadline. Checklist.>>  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

[[Page 130 STAT. 643]]

                                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;

[[Page 130 STAT. 644]]

                          (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) <<NOTE: Internet.>>  be available on the Internet free 
        of charge;
            (2) <<NOTE: Coordination.>>  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) <<NOTE: Certifications.>>  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);

[[Page 130 STAT. 645]]

                    (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.

[[Page 130 STAT. 646]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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.

[[Page 130 STAT. 647]]

    (f) Identification of Additional Medical Conditions for CACI 
Program.--
            (1) <<NOTE: Deadline. Review.>>  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) <<NOTE: Effective date. Regulations. Federal 
Register, publication.>>  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.

[[Page 130 STAT. 648]]

    (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.
SEC. 2308. TARMAC DELAYS.

    (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) <<NOTE: Deadlines.>>  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) <<NOTE: Deadline. 49 USC 42301 note.>>  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.
SEC. 2309. <<NOTE: 49 USC 42301 note prec. Deadline. Review.>>  
                          FAMILY SEATING.

    (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

[[Page 130 STAT. 649]]

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).

TITLE <<NOTE: Aviation Security Act of 2016. 49 USC 44901 note.>>  III--
AVIATION SECURITY
SEC. 3001. SHORT TITLE.

    This title may be cited as the ``Aviation Security Act of 2016''.
SEC. 3002. DEFINITIONS.

    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

SEC. 3101. PRECHECK PROGRAM AUTHORIZATION.

    The Administrator shall continue to administer the PreCheck Program.
SEC. 3102. PRECHECK PROGRAM ENROLLMENT EXPANSION.

    (a) <<NOTE: Deadline. Publication. Standards. Public information.>>  
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) <<NOTE: Coordination.>>  coordinate with interested 
        parties--

[[Page 130 STAT. 650]]

                    (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) <<NOTE: Confidential information.>>  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) <<NOTE: Records. Evaluation. Certification. Verification.>>  
        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) <<NOTE: Certification. Procedures.>>  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) <<NOTE: Deadline. Reports. Recommenda- tions.>>  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.

[[Page 130 STAT. 651]]

    (d) <<NOTE: Deadline.>>  Identity Verification Enhancement.--Not 
later than 120 days after the date of enactment of this Act, the 
Administrator shall--
            (1) <<NOTE: Coordinate.>>  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) <<NOTE: Deadline. Assessment. Determination.>>  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

SEC. 3201. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT.

    (a) <<NOTE: Deadline.>>  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.

[[Page 130 STAT. 652]]

            (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.
SEC. 3202. SECURITY COORDINATION ENHANCEMENT PLAN.

    (a) <<NOTE: Deadline.>>  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) <<NOTE: Assessment. Contracts.>>  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) <<NOTE: Deadline. Determination.>>  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.
SEC. 3203. <<NOTE: Deadline.>>  WORKFORCE ASSESSMENT.

    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.
SEC. 3204. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED 
                          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

[[Page 130 STAT. 653]]

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) <<NOTE: Evacuation plan.>>  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.
SEC. 3205. NATIONAL CARGO SECURITY PROGRAM.

    (a) <<NOTE: Evaluation.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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.

[[Page 130 STAT. 654]]

SEC. 3206. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.

    (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

SEC. 3301. SENSE OF CONGRESS.

    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.
SEC. 3302. ENHANCED STAFFING ALLOCATION MODEL.

    (a) <<NOTE: Deadline. Assessment. Determination.>>  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) <<NOTE: Deadline. Reports.>>  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

[[Page 130 STAT. 655]]

of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the results of such review.
SEC. 3303. EFFECTIVE UTILIZATION OF STAFFING RESOURCES.

    (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.
SEC. 3304. <<NOTE: Deadlines.>>  TSA STAFFING AND RESOURCE 
                          ALLOCATION.

    (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) <<NOTE: List.>>  Disseminate to aviation security 
        stakeholders and appropriate TSA personnel a list of checkpoint 
        optimization best practices.
            (4) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Establishment.>>  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) <<NOTE: Certification.>>  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

[[Page 130 STAT. 656]]

        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.
SEC. 3305. AVIATION SECURITY STAKEHOLDERS DEFINED.

    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.
SEC. 3306. RULE OF CONSTRUCTION.

    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

SEC. 3401. DEFINITIONS.

    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.
SEC. 3402. THREAT ASSESSMENT.

    (a) Insider Threats.--
            (1) <<NOTE: Deadline. Determination.>>  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--

[[Page 130 STAT. 657]]

                    (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.
SEC. 3403. OVERSIGHT.

    (a) Enhanced Requirements.--
            (1) <<NOTE: Public information. Regulations.>>  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) <<NOTE: Deadline.>>  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.

[[Page 130 STAT. 658]]

    (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.
SEC. 3404. <<NOTE: Guidance.>>  CREDENTIALS.

    (a) <<NOTE: Deadline.>>  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.
SEC. 3405. VETTING.

    (a) Eligibility Requirements.--
            (1) <<NOTE: Deadline. Public information. Regulations.>>  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.

[[Page 130 STAT. 659]]

            (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) <<NOTE: Time periods.>>  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) <<NOTE: Deadline.>>  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

[[Page 130 STAT. 660]]

                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) <<NOTE: Deadline. Coordination.>>  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) <<NOTE: Deadline. Determination.>>  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.
SEC. 3406. METRICS.

    (a) <<NOTE: Deadline.>>  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.
SEC. 3407. INSPECTIONS AND ASSESSMENTS.

    (a) <<NOTE: Deadline. Consultation.>>  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

[[Page 130 STAT. 661]]

            (5) include validation of identification materials, such as 
        with biometrics.

    (b) <<NOTE: Verification.>>  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) <<NOTE: Determination.>>  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).
SEC. 3408. COVERT TESTING.

    (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).

[[Page 130 STAT. 662]]

SEC. 3409. SECURITY DIRECTIVES.

    (a) <<NOTE: Deadlines. Consultation. Determinations.>>  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.
SEC. 3410. IMPLEMENTATION REPORT.

    Not later than one year after the date of the enactment of this Act, 
the Comptroller General of the United States shall--
            (1) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  report to the appropriate 
        congressional committees on the results of the assessment under 
        paragraph (1), including any recommendations.
SEC. 3411. MISCELLANEOUS AMENDMENTS.

    (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

SEC. 3501. CHECKPOINTS OF THE FUTURE.

    (a) <<NOTE: Recommenda- tions.>>  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;

[[Page 130 STAT. 663]]

            (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) <<NOTE: Recommenda- tions.>>  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.
SEC. 3502. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT 
                          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.
SEC. 3503. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF 
                          PROTOTYPES 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;

[[Page 130 STAT. 664]]

                    (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.
SEC. 3504. REPORT REQUIRED.

    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.
SEC. 3505. FUNDING.

    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.
SEC. 3506. ACCEPTANCE AND PROVISION OF RESOURCES BY THE 
                          TRANSPORTATION 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

SEC. 3601. VISIBLE DETERRENT.

    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''.

[[Page 130 STAT. 665]]

SEC. 3602. LAW ENFORCEMENT TRAINING FOR MASS CASUALTY AND ACTIVE 
                          SHOOTER INCIDENTS.

    Paragraph (2) of section 2006(a) of the Homeland Security Act of 
2002 (6 U.S.C. 607(a)) is amended--
            (1) by redesignating subparagraphs (E) through (I) as 
        subparagraphs (F) through (J), respectively; and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) training exercises to enhance preparedness for 
                and response to mass casualty and active shooter 
                incidents and security events at public locations, 
                including airports and mass transit systems;''.
SEC. 3603. ASSISTANCE TO AIRPORTS AND SURFACE TRANSPORTATION 
                          SYSTEMS.

    Subsection (a) of section 2008 of the Homeland Security Act of 2002 
(6 U.S.C. 609) is amended--
            (1) by redesignating paragraphs (9) through (13) as 
        paragraphs (10) through (14), respectively; and
            (2) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) enhancing the security and preparedness of secure and 
        nonsecure areas of eligible airports and surface transportation 
        systems;''.

    Approved July 15, 2016.

LEGISLATIVE HISTORY--H.R. 636:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-21, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    Feb. 13, considered and passed 
                                        House.
                                                        Vol. 162 (2016):
                                    Apr. 6, 7, 11-14, 18, 19, considered 
                                        and passed Senate,
                                      amended.
                                    July 11, House concurred in Senate 
                                        amendments with
                                      amendments pursuant to H. Res. 
                                        818.
                                    July 13, Senate concurred in House 
                                        amendments.

                                  <all>