[Congressional Record Volume 162, Number 111 (Monday, July 11, 2016)]
[House]
[Pages H4624-H4641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FAA EXTENSION, SAFETY, AND SECURITY ACT OF 2016
Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 818) providing for the concurrence by the House
in the Senate amendments to H.R. 636, with amendments.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 818
Resolved, That upon the adoption of this resolution the
House shall be considered to have taken from the Speaker's
table the bill, H.R. 636, with the Senate amendments thereto,
and to have concurred in the Senate amendments with the
following amendments:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
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.
[[Page H4625]]
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.
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.
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. 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''.
(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''.
[[Page H4626]]
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 is amended--
(1) in the matter preceding subparagraph (A), by striking
``July 16, 2016'' and inserting ``October 1, 2017''; and
(2) in subparagraph (A), by striking the semicolon at the
end and inserting ``or the FAA Extension, Safety, and
Security Act of 2016;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code
is amended by striking ``July 16, 2016'' and inserting
``October 1, 2017''.
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 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. 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) develop a process to verify that air carrier training
programs incorporate measures to train pilots on--
(A) monitoring automation systems; and
(B) controlling the flightpath of aircraft without
autopilot or autoflight systems engaged;
(2) develop metrics or measurable tasks that air carriers
can use to evaluate pilot monitoring proficiency;
(3) issue guidance to aviation safety inspectors
responsible for oversight of the operations of air carriers
on tracking and assessing pilots' proficiency in manual
flight; and
(4) issue guidance to air carriers and inspectors regarding
standards for compliance with the requirements for enhanced
pilot training contained in the final rule published in the
Federal Register on November 12, 2013 (78 Fed. Reg. 67800).
SEC. 2103. 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. 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. 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 individuals to the position of air traffic
controller, the Administrator shall give preferential
consideration to qualified individuals maintaining 52
consecutive weeks of air traffic control experience involving
the full-time active separation of air traffic after receipt
of an air traffic certification or air traffic control
facility rating within 5 years of application while serving
at--
``(i) a Federal Aviation Administration air traffic control
facility;
``(ii) a civilian or military air traffic control facility
of the Department of Defense; or
``(iii) a tower operating under contract with the Federal
Aviation Administration under section 47124.
``(B) Consideration of additional applicants.--
``(i) In general.--After giving preferential consideration
to applicants under subparagraph (A), the Administrator shall
consider additional applicants for the position of air
traffic controller by referring an approximately equal number
of individuals for appointment among the 2 applicant pools
described in this subparagraph. The number of individuals
referred for consideration from each group shall not differ
by more than 10 percent.
``(ii) Pool 1.--Pool 1 applicants are individuals who--
``(I) have successfully completed air traffic controller
training and graduated from an institution participating in
the Collegiate Training Initiative program maintained under
subsection (c)(1) and who have received from the
institution--
``(aa) an appropriate recommendation; or
``(bb) an endorsement certifying that the individual would
have met the requirements in effect as of December 31, 2013,
for an appropriate recommendation;
``(II) are eligible for a veterans recruitment appointment
pursuant to section 4214 of title 38 and provide a
Certificate of Release or Discharge from Active Duty within
120 days of the announcement closing;
``(III) are eligible veterans (as defined in section 4211
of title 38) maintaining aviation experience obtained in the
course of the individual's military experience; or
``(IV) are preference eligible veterans (as defined in
section 2108 of title 5).
``(iii) Pool 2.--Pool 2 applicants are individuals who
apply under a vacancy announcement recruiting from all United
States citizens.
``(2) Use of biographical assessments.--
``(A) Biographical assessments.--The Administrator shall
not use any biographical assessment when hiring under
paragraph (1)(A) or paragraph (1)(B)(ii).
``(B) Reconsideration of applicants disqualified on basis
of biographical assessments.--
``(i) In general.--If an individual described in paragraph
(1)(A) or paragraph (1)(B)(ii), who applied for the position
of air traffic controller with the Administration in response
to Vacancy Announcement FAA-AMC-14-ALLSRCE-33537 (issued on
February 10, 2014), was disqualified from the position as the
result of a biographical assessment, the Administrator shall
provide the applicant an opportunity to reapply for the
position as soon as practicable under the revised hiring
practices.
``(ii) Waiver of age restriction.--The Administrator shall
waive any maximum age restriction for the position of air
traffic controller with the Administration that would
otherwise disqualify an individual from the position if the
individual--
``(I) is reapplying for the position pursuant to clause (i)
on or before December 31, 2017; and
``(II) met the maximum age requirement on the date of the
individual's previous application for the position during the
interim hiring process.
``(3) Maximum entry age for experienced controllers.--
Notwithstanding section 3307 of title 5, the maximum limit of
age for an original appointment to a position as an air
traffic controller shall be 35 years of age for those
maintaining 52 weeks of air traffic control experience
involving the full-time active separation of air traffic
after receipt of an air traffic certification or air traffic
control facility rating in a civilian or military air traffic
control facility.''.
(b) Notification of Vacancies.--The Administrator of the
Federal Aviation Administration shall consider directly
notifying secondary schools and institutions of higher
learning, including Historically Black Colleges and
Universities, Hispanic-serving institutions, Minority
Institutions, and Tribal Colleges and Universities, of a
vacancy announcement under section 44506(f)(1)(B)(iii) of
title 49, United States Code.
SEC. 2107. TRAINING POLICIES REGARDING ASSISTANCE FOR PERSONS
WITH DISABILITIES.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report assessing required
air carrier personnel and contractor
[[Page H4627]]
training programs regarding the assistance of persons with
disabilities, including--
(1) variations in training programs between air carriers;
(2) instances since 2005 where the Department of
Transportation has requested that an air carrier take
corrective action following a review of the air carrier's
training programs; and
(3) actions taken by air carriers following requests
described in paragraph (2).
(b) Best Practices.--After the date the report is submitted
under subsection (a), the Secretary of Transportation, based
on the findings of the report, shall develop, make publicly
available, and appropriately disseminate to air carriers such
best practices as the Secretary considers necessary to
improve the reviewed training programs.
SEC. 2108. 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.
SEC. 2109. 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. 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 that is consistent with applicable guidance under the
Federal Aviation Administration Advisory Circular issued
December 4, 2015 (AC 70/7460-1L), or other relevant safety
guidance, as determined by the Administrator.
(c) Application.--The regulations issued under subsection
(a) shall ensure that--
(1) all covered towers constructed on or after the date on
which such regulations take effect are marked in accordance
with subsection (b); and
(2) a covered tower constructed before the date on which
such regulations take effect is marked in accordance with
subsection (b) not later than 1 year after such effective
date.
(d) Definitions.--
(1) In general.--In this section, the following definitions
apply:
(A) Covered tower.--
(i) In general.--The term ``covered tower'' means a
structure that--
(I) is self-standing or supported by guy wires and ground
anchors;
(II) is 10 feet or less in diameter at the above-ground
base, excluding concrete footing;
(III) at the highest point of the structure is at least 50
feet above ground level;
(IV) at the highest point of the structure is not more than
200 feet above ground level;
(V) has accessory facilities on which an antenna, sensor,
camera, meteorological instrument, or other equipment is
mounted; and
(VI) is located--
(aa) outside the boundaries of an incorporated city or
town; or
(bb) on land that is--
(AA) undeveloped; or
(BB) used for agricultural purposes.
(ii) Exclusions.--The term ``covered tower'' does not
include any structure that--
(I) is adjacent to a house, barn, electric utility station,
or other building;
(II) is within the curtilage of a farmstead;
(III) supports electric utility transmission or
distribution lines;
(IV) is a wind-powered electrical generator with a rotor
blade radius that exceeds 6 feet; or
(V) is a street light erected or maintained by a Federal,
State, local, or tribal entity.
(B) Undeveloped.--The term ``undeveloped'' means a defined
geographic area where the Administrator determines low-flying
aircraft are operated on a routine basis, such as low-lying
forested areas with predominant tree cover under 200 feet and
pasture and range land.
(2) Other definitions.--The Administrator shall define such
other terms as may be necessary to carry out this section.
(e) Database.--The Administrator shall--
(1) develop a database that contains the location and
height of each covered tower;
(2) keep the database current to the extent practicable;
(3) ensure that any proprietary information in the database
is protected from disclosure in accordance with law; and
(4) ensure that, by virtue of accessing the database, users
agree and acknowledge that information in the database--
(A) may only be used for aviation safety purposes; and
(B) may not be disclosed for purposes other than aviation
safety, regardless of whether or not the information is
marked or labeled as proprietary or with a similar
designation.
SEC. 2111. AVIATION CYBERSECURITY.
(a) Comprehensive and Strategic Aviation Framework.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall facilitate and support the
development of a comprehensive and strategic framework of
principles and policies to reduce cybersecurity risks to the
national airspace system, civil aviation, and agency
information systems using a total systems approach that takes
into consideration the interactions and interdependence of
different components of aircraft systems and the national
airspace system.
(2) Scope.--In carrying out paragraph (1), the
Administrator shall--
(A) identify and address the cybersecurity risks associated
with--
(i) the modernization of the national airspace system;
(ii) the automation of aircraft, equipment, and technology;
and
(iii) aircraft systems, including by--
(I) directing the Aircraft Systems Information Security
Protection Working Group--
(aa) to assess cybersecurity risks to aircraft systems;
(bb) to review the extent to which existing rulemaking,
policy, and guidance to promote safety also promote aircraft
systems information security protection; and
(cc) to provide appropriate recommendations to the
Administrator if separate or additional rulemaking, policy,
or guidance is needed to address cybersecurity risks to
aircraft systems; and
(II) identifying and addressing--
(aa) cybersecurity risks associated with in-flight
entertainment systems; and
(bb) whether in-flight entertainment systems can and should
be isolated and separate, such as through an air gap, under
existing rulemaking, policy, and guidance;
(B) clarify cybersecurity roles and responsibilities of
offices and employees of the Federal Aviation Administration,
as the roles and responsibilities relate to cybersecurity at
the Federal Aviation Administration;
(C) identify and implement objectives and actions to reduce
cybersecurity risks to air traffic control information
systems, including actions to improve implementation of
information security standards, such as those of the National
Institute of Standards and Technology;
(D) support voluntary efforts by industry, RTCA, Inc., and
other standards-setting organizations to develop and identify
consensus standards and best practices relating to guidance
on aviation systems information security protection,
consistent, to the extent appropriate, with the cybersecurity
risk management activities described in section 2(e) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(e));
(E) establish guidelines for the voluntary exchange of
information between and among aviation stakeholders
pertaining to aviation-related cybersecurity incidents,
threats, and vulnerabilities;
(F) identify short- and long-term objectives and actions
that can be taken in response to cybersecurity risks to the
national airspace system; and
(G) identify research and development activities to inform
actions in response to cybersecurity risks.
[[Page H4628]]
(3) Implementation requirements.--In carrying out the
activities under this subsection, the Administrator shall--
(A) coordinate with aviation stakeholders, including, at a
minimum, representatives of industry, airlines,
manufacturers, airports, RTCA, Inc., and unions;
(B) consult with the heads of relevant agencies and with
international regulatory authorities;
(C) if determined appropriate, convene an expert panel or
working group to identify and address cybersecurity risks;
and
(D) evaluate, on a periodic basis, the effectiveness of the
principles established under this subsection.
(b) Update on Cybersecurity Implementation Progress.--Not
later than 90 days after the date of enactment of this Act,
the Administrator shall provide to the appropriate committees
of Congress an update on progress made toward the
implementation of this section.
(c) Cybersecurity Threat Model.--Not later than 1 year
after the date of enactment of this Act, the Administrator,
in consultation with the Director of the National Institute
of Standards and Technology, shall implement the open
recommendation issued in 2015 by the Government
Accountability Office to assess and research the potential
cost and timetable of developing and maintaining an
agencywide threat model, which shall be updated regularly, to
strengthen the cybersecurity of agency systems across the
Federal Aviation Administration. The Administrator shall
brief the Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the status, results, and
composition of the threat model.
(d) National Institute of Standards and Technology
Information Security Standards.--Not later than 180 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration, after consultation with
the Director of the National Institute of Standards and
Technology, shall transmit to the Committee on Science,
Space, and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on--
(1) a cybersecurity standards plan to improve
implementation of the National Institute of Standards and
Technology's latest revisions to information security
guidance for Federal Aviation Administration information and
Federal Aviation Administration information systems within
set timeframes; and
(2) an explanation of why any such revisions are not
incorporated in the plan or are not incorporated within set
timeframes.
(e) Cybersecurity Research and Development.--Not later than
1 year after the date of enactment of this Act, the
Administrator, in consultation with other agencies as
appropriate, shall establish a cybersecurity research and
development plan for the national airspace system,
including--
(1) any proposal for research and development cooperation
with international partners;
(2) an evaluation and determination of research and
development needs to determine any cybersecurity risks of
cabin communications and cabin information technology systems
on board in the passenger domain; and
(3) objectives, proposed tasks, milestones, and a 5-year
budgetary profile.
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) In general.--Not later than 90 days after the date of
enactment of the FAA Extension, Safety, and Security Act of
2016, the Administrator shall take measures to ensure that
the safety assessment system established under subsection
(a)--
``(A) places particular consideration on inspections of
part 145 repair stations located outside the United States
that conduct scheduled heavy maintenance work on part 121 air
carrier aircraft; and
``(B) accounts for the frequency and seriousness of any
corrective actions that part 121 air carriers must implement
to aircraft following such work at such repair stations.
``(2) International agreements.--The Administrator shall
take the measures required under paragraph (1)--
``(A) in accordance with United States obligations under
applicable international agreements; and
``(B) in a manner consistent with the applicable laws of
the country in which a repair station is located.
``(3) Access to data.--The Administrator may access and
review such information or data in the possession of a part
121 air carrier as the Administrator may require in carrying
out paragraph (1)(B).''; and
(3) in subsection (g) (as so redesignated)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Heavy maintenance work.--The term `heavy maintenance
work' means a C-check, a D-check, or equivalent maintenance
operation with respect to the airframe of a transport-
category aircraft.''.
(b) Alcohol and Controlled Substances Testing.--The
Administrator of the Federal Aviation Administration shall
ensure that--
(1) not later than 90 days after the date of enactment of
this Act, a notice of proposed rulemaking required pursuant
to section 44733(d)(2) is published in the Federal Register;
and
(2) not later than 1 year after the date on which the
notice of proposed rulemaking is published in the Federal
Register, the rulemaking is finalized.
(c) Background Investigations.--Not later than 180 days
after the date of enactment of this Act, the Administrator
shall ensure that each employee of a repair station
certificated under part 145 of title 14, Code of Federal
Regulations, who performs a safety-sensitive function on an
air carrier aircraft has undergone a pre-employment
background investigation sufficient to determine whether the
individual presents a threat to aviation safety, in a manner
that is--
(1) determined acceptable by the Administrator;
(2) consistent with the applicable laws of the country in
which the repair station is located; and
(3) consistent with the United States obligations under
international agreements.
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. 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.--
``(A) In general.--The term `test range' means a defined
geographic area where research and development are conducted
as authorized by the Administrator of the Federal Aviation
Administration.
``(B) Inclusions.--The term `test range' includes any of
the 6 test ranges established by the Administrator of the
Federal Aviation Administration under section 332(c), as in
effect on the day before the date of enactment of this
subparagraph, and any public entity authorized by the Federal
Aviation Administration as an unmanned aircraft system flight
test center before January 1, 2009.''.
SEC. 2202. 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) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on any standards
developed under subsection (a).
(d) Guidance.--Not later than 1 year after the date on
which the Administrator submits the report under subsection
(c), the Administrator shall issue regulations or guidance,
as appropriate, based on any standards developed under
subsection (a).
SEC. 2203. 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) 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--
[[Page H4629]]
(A) information about, and sources of, laws and regulations
applicable to small unmanned aircraft;
(B) recommendations for using small unmanned aircraft in a
manner that promotes the safety of persons and property;
(C) the date that the safety statement was created or last
modified; and
(D) language approved by the Administrator regarding the
following:
(i) A person may operate the small unmanned aircraft as a
model aircraft (as defined in section 336 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note))
or otherwise in accordance with Federal Aviation
Administration authorization or regulation, including
requirements for the completion of any applicable airman
test.
(ii) The definition of a model aircraft under section 336
of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
40101 note).
(iii) The requirements regarding the operation of a model
aircraft under section 336 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note).
(iv) The Administrator may pursue enforcement action
against a person operating model aircraft who endangers the
safety of the national airspace system.
(c) Civil Penalty.--A person who violates subsection (a)
shall be liable for each violation to the United States
Government for a civil penalty described in section 46301(a)
of title 49, United States Code.
SEC. 2204. 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. 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:
``Sec. 46320. Interference with wildfire suppression, law
enforcement, or emergency response effort by operation of
unmanned aircraft
``(a) In General.--Except as provided in subsection (b), an
individual who operates an unmanned aircraft and in so doing
knowingly or recklessly interferes with a wildfire
suppression, law enforcement, or emergency response effort is
liable to the United States Government for a civil penalty of
not more than $20,000.
``(b) Exceptions.--This section does not apply to the
operation of an unmanned aircraft conducted by a unit or
agency of the United States Government or of a State, tribal,
or local government (including any individual conducting such
operation pursuant to a contract or other agreement entered
into with the unit or agency) for the purpose of protecting
the public safety and welfare, including firefighting, law
enforcement, or emergency response.
``(c) Compromise and Setoff.--
``(1) Compromise.--The United States Government may
compromise the amount of a civil penalty imposed under this
section.
``(2) Setoff.--The United States Government may deduct the
amount of a civil penalty imposed or compromised under this
section from the amounts the Government owes the person
liable for the penalty.
``(d) Definitions.--In this section, the following
definitions apply:
``(1) Wildfire.--The term `wildfire' has the meaning given
that term in section 2 of the Emergency Wildfire Suppression
Act (42 U.S.C. 1856m).
``(2) Wildfire suppression.--The term `wildfire
suppression' means an effort to contain, extinguish, or
suppress a wildfire.''.
(b) FAA To Impose Civil Penalty.--Section 46301(d)(2) of
title 49, United States Code, is amended by inserting
``section 46320,'' after ``section 46319,''.
(c) Clerical Amendment.--The analysis for chapter 463 of
title 49, United States Code, is amended by adding at the end
the following:
``46320. Interference with wildfire suppression, law enforcement, or
emergency response effort by operation of unmanned
aircraft.''.
SEC. 2206. 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.
(c) Authorization of Appropriations.--There is authorized
to be appropriated from the Airport and Airway Trust Fund to
carry out this section $6,000,000, to remain available until
expended.
(d) Authority.--After the pilot program established under
subsection (a) ceases to be effective pursuant to subsection
(g), the Administrator may use unmanned aircraft detection
systems to detect and mitigate the unauthorized operation of
an unmanned aircraft that poses a risk to aviation safety.
(e) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the pilot program established under subsection (a).
(2) Contents.--The report required under paragraph (1)
shall include the following:
(A) The number of unauthorized unmanned aircraft operations
detected, together with a description of such operations.
(B) The number of instances in which unauthorized unmanned
aircraft were mitigated, together with a description of such
instances.
(C) The number of enforcement cases brought by the Federal
Aviation Administration for unauthorized operation of
unmanned aircraft detected through the pilot program,
together with a description of such cases.
(D) The number of any technical failures in the pilot
program, together with a description of such failures.
(E) Recommendations for safety and operational standards
for unmanned aircraft detection systems.
(F) The feasibility of deployment of the systems at other
airports.
(3) Format.--To the extent practicable, the report prepared
under paragraph (1) shall be submitted in a classified
format. If appropriate, the report may include an
unclassified summary.
(f) Sunset.--The pilot program established under subsection
(a) shall cease to be effective on the earlier of--
(1) the date that is 18 months after the date of enactment
of this Act; and
(2) the date of the submission of the report under
subsection (e).
SEC. 2207. 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--
(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. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.
(a) Research Plan for UTM Development and Deployment.--
(1) In general.--The Administrator of the Federal Aviation
Administration (in this section referred to as the
``Administrator''), in coordination with the Administrator of
the National Aeronautics and Space Administration, shall
continue development of a research plan for unmanned aircraft
systems traffic management (in this section referred to as
``UTM'') development and deployment.
(2) Requirements.--In developing the research plan, the
Administrator shall--
(A) identify research outcomes sought; and
[[Page H4630]]
(B) ensure the plan is consistent with existing regulatory
and operational frameworks, and considers potential future
regulatory and operational frameworks, for unmanned aircraft
systems in the national airspace system.
(3) Assessment.--The research plan shall include an
assessment of the interoperability of a UTM system with
existing and potential future air traffic management systems
and processes.
(4) Deadlines.--The Administrator shall--
(A) initiate development of the research plan not later
than 60 days after the date of enactment of this Act; and
(B) not later than 180 days after the date of enactment of
this Act--
(i) complete the research plan;
(ii) submit the research plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(iii) publish the research plan on the Internet Web site of
the Federal Aviation Administration.
(b) Pilot Program.--
(1) In general.--Not later than 90 days after the date of
submission of the research plan under subsection (a)(4)(B),
the Administrator, in coordination with the Administrator of
the National Aeronautics and Space Administration, the Drone
Advisory Committee, the research advisory committee
established by section 44508(a) of title 49, United States
Code, and representatives of the unmanned aircraft industry,
shall establish a UTM system pilot program.
(2) Sunset.--Not later than 2 years after the date of
establishment of the pilot program, the Administrator shall
conclude the pilot program.
(c) Updates.--Not later than 180 days after the date of
establishment of the pilot program, and every 180 days
thereafter until the date of conclusion of the pilot program,
the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology and the Committee on
Transportation and Infrastructure of the House of
Representatives an update on the status and progress of the
pilot program.
SEC. 2209. 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) In general.--The Secretary shall provide for a
determination under the review process established under
subsection (a) not later than 90 days after the date of
application, unless the applicant is provided with written
notice describing the reason for the delay.
(B) Affirmative designations.--An affirmative designation
shall outline--
(i) the boundaries for unmanned aircraft operation near the
fixed site facility; and
(ii) such other limitations that the Administrator
determines may be appropriate.
(C) Considerations.--In making a determination whether to
grant or deny an application for a designation, the
Administrator may consider--
(i) aviation safety;
(ii) protection of persons and property on the ground;
(iii) national security; or
(iv) homeland security.
(D) Opportunity for resubmission.--If an application is
denied, and the applicant can reasonably address the reason
for the denial, the Administrator may allow the applicant to
reapply for designation.
(c) Public Information.--Designations under subsection (a)
shall be published by the Federal Aviation Administration on
a publicly accessible website.
(d) Savings Clause.--Nothing in this section may be
construed as prohibiting the Administrator from authorizing
operation of an aircraft, including an unmanned aircraft
system, over, under, or within a specified distance from that
fixed site facility designated under subsection (b).
SEC. 2210. 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) Definitions.--In this section, the following
definitions apply:
(1) Covered facility.--The term ``covered facility''
means--
(A) a pipeline or pipeline system;
(B) an electric energy generation, transmission, or
distribution facility (including a renewable electric energy
facility);
(C) an oil or gas production, refining, or processing
facility; or
(D) any other critical infrastructure facility.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
2339D of title 18, United States Code.
(d) Deadlines.--
(1) Certification to congress.--Not later than 90 days
after the date of enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress a
certification that a process has been established to
facilitate applications for unmanned aircraft systems
operations described in this section.
(2) Failure to meet certification deadline.--If the
Administrator cannot provide a certification under paragraph
(1), the Administrator, not later than 180 days after the
deadline specified in paragraph (1), shall update the process
under section 333 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note) to facilitate applications for
unmanned aircraft systems operations described in this
section.
(e) Exemptions.--In addition to the operations described in
this section, the Administrator may authorize, exempt, or
otherwise allow other unmanned aircraft systems operations
under section 333 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note) that are conducted beyond the
visual line of sight of the individual operating the unmanned
aircraft system or during the day or at night.
SEC. 2211. 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) cost estimates, planned schedules, and performance
benchmarks, including specific tasks, milestones, and
timelines, for unmanned aircraft systems integration into the
national airspace system, including an identification of--
``(i) the role of the unmanned aircraft systems test ranges
established under subsection (c) and the Unmanned Aircraft
Systems Center of Excellence;
``(ii) performance objectives for unmanned aircraft systems
that operate in the national airspace system; and
``(iii) research and development priorities for tools that
could assist air traffic controllers as unmanned aircraft
systems are integrated into the national airspace system, as
appropriate;
``(B) a description of how the Administration plans to use
research and development, including research and development
conducted through NASA's Unmanned Aircraft Systems Traffic
Management initiatives, to accommodate, integrate, and
provide for the evolution of unmanned aircraft systems in the
national airspace system;
``(C) an assessment of critical performance abilities
necessary to integrate unmanned aircraft systems into the
national airspace system, and how these performance abilities
can be demonstrated; and
``(D) an update on the advancement of technologies needed
to integrate unmanned
[[Page H4631]]
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. UNMANNED AIRCRAFT SYSTEMS-MANNED AIRCRAFT
COLLISION RESEARCH.
(a) Research.--The Administrator of the Federal Aviation
Administration (in this section referred to as the
``Administrator''), in continuation of ongoing work, shall
coordinate with the Administrator of the National Aeronautics
and Space Administration to develop a program to conduct
comprehensive testing or modeling of unmanned aircraft
systems colliding with various sized aircraft in various
operational settings, as considered appropriate by the
Administrator, including--
(1) collisions between unmanned aircraft systems of various
sizes, traveling at various speeds, and jet aircraft of
various sizes, traveling at various speeds;
(2) collisions between unmanned aircraft systems of various
sizes, traveling at various speeds, and propeller-driven
aircraft of various sizes, traveling at various speeds;
(3) collisions between unmanned aircraft systems of various
sizes, traveling at various speeds, and rotorcraft of various
sizes, traveling at various speeds; and
(4) collisions between unmanned aircraft systems and
various parts of the aforementioned aircraft, including--
(A) windshields;
(B) noses;
(C) engines;
(D) radomes;
(E) propellers; and
(F) wings.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit to
the Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report summarizing the
costs and results of research under this section.
SEC. 2213. PROBABILISTIC METRICS RESEARCH AND DEVELOPMENT
STUDY.
(a) Study.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into an arrangement with
the National Academies to study the potential use of
probabilistic assessments of risks by the Administration to
streamline the integration of unmanned aircraft systems into
the national airspace system, including any research and
development necessary.
(b) Completion Date.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall provide the
results of the study to the Committee on Science, Space, and
Technology and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
Subtitle C--Time Sensitive Aviation Reforms
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. WORKING GROUP ON IMPROVING AIR SERVICE TO SMALL
COMMUNITIES.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a working group--
(1) to identify obstacles to attracting and maintaining air
transportation service to and from small communities; and
(2) to develop recommendations for maintaining and
improving air transportation service to and from small
communities.
(b) Outreach.--In carrying out subsection (a), the working
group shall consult with--
(1) interested Governors;
(2) representatives of State and local agencies, and other
officials and groups, representing rural States and other
rural areas;
(3) other representatives of relevant State and local
agencies; and
(4) members of the public with experience in aviation
safety, pilot training, economic development, and related
issues.
(c) Considerations.--In carrying out subsection (a), the
working group shall--
(1) consider whether funding for, and the terms of, current
or potential new programs are sufficient to help ensure
continuation of or improvement to air transportation service
to small communities, including the essential air service
program and the small community air service development
program;
(2) identify initiatives to help support pilot training and
aviation safety to maintain air transportation service to
small communities;
(3) consider whether Federal funding for airports serving
small communities, including airports that have lost air
transportation services or had decreased enplanements in
recent years, is adequate to ensure that small communities
have access to quality, affordable air transportation
service;
(4) identify innovative State or local efforts that have
established public-private partnerships that are successful
in attracting and retaining air transportation service in
small communities; and
(5) consider such other issues as the Secretary considers
appropriate.
(d) Composition.--
(1) In general.--The working group shall be facilitated
through the Secretary or the Secretary's designee.
(2) Membership.--Members of the working group shall be
appointed by the Secretary and shall include representatives
of--
(A) State and local government, including State and local
aviation officials;
(B) State Governors;
(C) aviation safety experts;
(D) economic development officials; and
(E) the traveling public from small communities.
(e) Report and Recommendations.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a report,
including--
(1) a summary of the views expressed by the participants in
the outreach under subsection (b);
(2) a description of the working group's findings,
including the identification of any areas of general
consensus among the non-Federal participants in the outreach
under subsection (b); and
(3) any recommendations for legislative or regulatory
action that would assist in maintaining and improving air
transportation service to and from small communities.
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) Effective Date.--The amendment made by subsection (a)
shall be deemed to be effective on December 12, 2003.
(c) Procedures Required.--The Director of the Office of
Personnel Management shall establish such procedures as are
necessary to provide for--
(1) notification to each annuitant affected by the
amendments made by this section;
(2) recalculation of the benefits of affected annuitants;
(3) an adjustment to applicable monthly benefit amounts
pursuant to such recalculation, to begin as soon as is
practicable; and
(4) a lump-sum payment to each affected annuitant equal to
the additional total benefit amount that such annuitant would
have received had the amendment made by subsection (a) been
in effect on December 12, 2003.
SEC. 2305. 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) Exception.--If, as part of the rulemaking, the
Secretary makes a determination on the record that a
requirement under
[[Page H4632]]
subsection (a) is not feasible and would adversely affect
consumers in certain cases, the Secretary may modify 1 or
both of the deadlines specified in subsection (a)(1) for such
cases, except that--
(1) the deadline relating to a domestic flight may not
exceed 18 hours after the arrival of the domestic flight; and
(2) the deadline relating to an international flight may
not exceed 30 hours after the arrival of the international
flight.
SEC. 2306. CONTRACT WEATHER OBSERVERS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to the appropriate
committees of Congress a report, which includes public and
stakeholder input--
(1) examining the safety risks, hazard effects, and
efficiency and operational effects for airports, airlines,
and other stakeholders that could result from a loss of
contract weather observer service at the 57 airports targeted
for the loss of the service;
(2) detailing how the Federal Aviation Administration will
accurately report rapidly changing severe weather conditions
at the airports, including thunderstorms, lightning, fog,
visibility, smoke, dust, haze, cloud layers and ceilings, ice
pellets, and freezing rain or drizzle, without contract
weather observers;
(3) indicating how airports can comply with applicable
Federal Aviation Administration orders governing weather
observations given the current documented limitations of
automated surface observing systems; and
(4) identifying the process through which the Federal
Aviation Administration analyzed the safety hazards
associated with the elimination of the contract weather
observer program.
(b) Continued Use of Contract Weather Observers.--The
Administrator may not discontinue the contract weather
observer program at any airport until October 1, 2017.
SEC. 2307. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT
PILOTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue or revise regulations to
ensure that an individual may operate as pilot in command of
a covered aircraft if--
(1) the individual possesses a valid driver's license
issued by a State, territory, or possession of the United
States and complies with all medical requirements or
restrictions associated with that license;
(2) the individual holds a medical certificate issued by
the Federal Aviation Administration on the date of enactment
of this Act, held such a certificate at any point during the
10-year period preceding such date of enactment, or obtains
such a certificate after such date of enactment;
(3) the most recent medical certificate issued by the
Federal Aviation Administration to the individual--
(A) indicates whether the certificate is first, second, or
third class;
(B) may include authorization for special issuance;
(C) may be expired;
(D) cannot have been revoked or suspended; and
(E) cannot have been withdrawn;
(4) the most recent application for airman medical
certification submitted to the Federal Aviation
Administration by the individual cannot have been completed
and denied;
(5) the individual has completed a medical education course
described in subsection (c) during the 24 calendar months
before acting as pilot in command of a covered aircraft and
demonstrates proof of completion of the course;
(6) the individual, when serving as a pilot in command, is
under the care and treatment of a physician if the individual
has been diagnosed with any medical condition that may impact
the ability of the individual to fly;
(7) the individual has received a comprehensive medical
examination from a State-licensed physician during the
previous 48 months and--
(A) prior to the examination, the individual--
(i) completed the individual's section of the checklist
described in subsection (b); and
(ii) provided the completed checklist to the physician
performing the examination; and
(B) the physician conducted the comprehensive medical
examination in accordance with the checklist described in
subsection (b), checking each item specified during the
examination and addressing, as medically appropriate, every
medical condition listed, and any medications the individual
is taking; and
(8) the individual is operating in accordance with the
following conditions:
(A) The covered aircraft is carrying not more than 5
passengers.
(B) The individual is operating the covered aircraft under
visual flight rules or instrument flight rules.
(C) The flight, including each portion of that flight, is
not carried out--
(i) for compensation or hire, including that no passenger
or property on the flight is being carried for compensation
or hire;
(ii) at an altitude that is more than 18,000 feet above
mean sea level;
(iii) outside the United States, unless authorized by the
country in which the flight is conducted; or
(iv) at an indicated air speed exceeding 250 knots.
(b) Comprehensive Medical Examination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a
checklist for an individual to complete and provide to the
physician performing the comprehensive medical examination
required in subsection (a)(7).
(2) Requirements.--The checklist shall contain--
(A) a section, for the individual to complete that
contains--
(i) boxes 3 through 13 and boxes 16 through 19 of the
Federal Aviation Administration Form 8500-8 (3-99); and
(ii) a signature line for the individual to affirm that--
(I) the answers provided by the individual on that
checklist, including the individual's answers regarding
medical history, are true and complete;
(II) the individual understands that he or she is
prohibited under Federal Aviation Administration regulations
from acting as pilot in command, or any other capacity as a
required flight crew member, if he or she knows or has reason
to know of any medical deficiency or medically disqualifying
condition that would make the individual unable to operate
the aircraft in a safe manner; and
(III) the individual is aware of the regulations pertaining
to the prohibition on operations during medical deficiency
and has no medically disqualifying conditions in accordance
with applicable law;
(B) a section with instructions for the individual to
provide the completed checklist to the physician performing
the comprehensive medical examination required in subsection
(a)(7); and
(C) a section, for the physician to complete, that
instructs the physician--
(i) to perform a clinical examination of--
(I) head, face, neck, and scalp;
(II) nose, sinuses, mouth, and throat;
(III) ears, general (internal and external canals), and
eardrums (perforation);
(IV) eyes (general), ophthalmoscopic, pupils (equality and
reaction), and ocular motility (associated parallel movement,
nystagmus);
(V) lungs and chest (not including breast examination);
(VI) heart (precordial activity, rhythm, sounds, and
murmurs);
(VII) vascular system (pulse, amplitude, and character, and
arms, legs, and others);
(VIII) abdomen and viscera (including hernia);
(IX) anus (not including digital examination);
(X) skin;
(XI) G-U system (not including pelvic examination);
(XII) upper and lower extremities (strength and range of
motion);
(XIII) spine and other musculoskeletal;
(XIV) identifying body marks, scars, and tattoos (size and
location);
(XV) lymphatics;
(XVI) neurologic (tendon reflexes, equilibrium, senses,
cranial nerves, and coordination, etc.);
(XVII) psychiatric (appearance, behavior, mood,
communication, and memory);
(XVIII) general systemic;
(XIX) hearing;
(XX) vision (distant, near, and intermediate vision, field
of vision, color vision, and ocular alignment);
(XXI) blood pressure and pulse; and
(XXII) anything else the physician, in his or her medical
judgment, considers necessary;
(ii) to exercise medical discretion to address, as
medically appropriate, any medical conditions identified, and
to exercise medical discretion in determining whether any
medical tests are warranted as part of the comprehensive
medical examination;
(iii) to discuss all drugs the individual reports taking
(prescription and nonprescription) and their potential to
interfere with the safe operation of an aircraft or motor
vehicle;
(iv) to sign the checklist, stating: ``I certify that I
discussed all items on this checklist with the individual
during my examination, discussed any medications the
individual is taking that could interfere with their ability
to safely operate an aircraft or motor vehicle, and performed
an examination that included all of the items on this
checklist. I certify that I am not aware of any medical
condition that, as presently treated, could interfere with
the individual's ability to safely operate an aircraft.'';
and
(v) to provide the date the comprehensive medical
examination was completed, and the physician's full name,
address, telephone number, and State medical license number.
(3) Logbook.--The completed checklist shall be retained in
the individual's logbook and made available on request.
(c) Medical Education Course Requirements.--The medical
education course described in this subsection shall--
(1) be available on the Internet free of charge;
(2) be developed and periodically updated in coordination
with representatives of relevant nonprofit and not-for-profit
general aviation stakeholder groups;
(3) educate pilots on conducting medical self-assessments;
(4) advise pilots on identifying warning signs of potential
serious medical conditions;
(5) identify risk mitigation strategies for medical
conditions;
[[Page H4633]]
(6) increase awareness of the impacts of potentially
impairing over-the-counter and prescription drug medications;
(7) encourage regular medical examinations and
consultations with primary care physicians;
(8) inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency and
medically disqualifying conditions;
(9) provide the checklist developed by the Federal Aviation
Administration in accordance with subsection (b); and
(10) upon successful completion of the course,
electronically provide to the individual and transmit to the
Federal Aviation Administration--
(A) a certification of completion of the medical education
course, which shall be printed and retained in the
individual's logbook and made available upon request, and
shall contain the individual's name, address, and airman
certificate number;
(B) subject to subsection (d), a release authorizing the
National Driver Register through a designated State
Department of Motor Vehicles to furnish to the Federal
Aviation Administration information pertaining to the
individual's driving record;
(C) a certification by the individual that the individual
is under the care and treatment of a physician if the
individual has been diagnosed with any medical condition that
may impact the ability of the individual to fly, as required
under subsection (a)(6);
(D) a form that includes--
(i) the name, address, telephone number, and airman
certificate number of the individual;
(ii) the name, address, telephone number, and State medical
license number of the physician performing the comprehensive
medical examination required in subsection (a)(7);
(iii) the date of the comprehensive medical examination
required in subsection (a)(7); and
(iv) a certification by the individual that the checklist
described in subsection (b) was followed and signed by the
physician in the comprehensive medical examination required
in subsection (a)(7); and
(E) a statement, which shall be printed, and signed by the
individual certifying that the individual understands the
existing prohibition on operations during medical deficiency
by stating: ``I understand that I cannot act as pilot in
command, or any other capacity as a required flight crew
member, if I know or have reason to know of any medical
condition that would make me unable to operate the aircraft
in a safe manner.''.
(d) National Driver Register.--The authorization under
subsection (c)(10)(B) shall be an authorization for a single
access to the information contained in the National Driver
Register.
(e) Special Issuance Process.--
(1) In general.--An individual who has qualified for the
third-class medical certificate exemption under subsection
(a) and is seeking to serve as a pilot in command of a
covered aircraft shall be required to have completed the
process for obtaining an Authorization for Special Issuance
of a Medical Certificate for each of the following:
(A) A mental health disorder, limited to an established
medical history or clinical diagnosis of--
(i) personality disorder that is severe enough to have
repeatedly manifested itself by overt acts;
(ii) psychosis, defined as a case in which an individual--
(I) has manifested delusions, hallucinations, grossly
bizarre or disorganized behavior, or other commonly accepted
symptoms of psychosis; or
(II) may reasonably be expected to manifest delusions,
hallucinations, grossly bizarre or disorganized behavior, or
other commonly accepted symptoms of psychosis;
(iii) bipolar disorder; or
(iv) substance dependence within the previous 2 years, as
defined in section 67.307(a)(4) of title 14, Code of Federal
Regulations.
(B) A neurological disorder, limited to an established
medical history or clinical diagnosis of any of the
following:
(i) Epilepsy.
(ii) Disturbance of consciousness without satisfactory
medical explanation of the cause.
(iii) A transient loss of control of nervous system
functions without satisfactory medical explanation of the
cause.
(C) A cardiovascular condition, limited to a one-time
special issuance for each diagnosis of the following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has required treatment.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In the
case of an individual with a cardiovascular condition, the
process for obtaining an Authorization for Special Issuance
of a Medical Certificate shall be satisfied with the
successful completion of an appropriate clinical evaluation
without a mandatory wait period.
(3) Special rule for mental health conditions.--
(A) In general.--In the case of an individual with a
clinically diagnosed mental health condition, the third-class
medical certificate exemption under subsection (a) shall not
apply if--
(i) in the judgment of the individual's State-licensed
medical specialist, the condition--
(I) renders the individual unable to safely perform the
duties or exercise the airman privileges described in
subsection (a)(8); or
(II) may reasonably be expected to make the individual
unable to perform the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is revoked by the
issuing agency as a result of a clinically diagnosed mental
health condition.
(B) Certification.--Subject to subparagraph (A), an
individual clinically diagnosed with a mental health
condition shall certify every 2 years, in conjunction with
the certification under subsection (c)(10)(C), that the
individual is under the care of a State-licensed medical
specialist for that mental health condition.
(4) Special rule for neurological conditions.--
(A) In general.--In the case of an individual with a
clinically diagnosed neurological condition, the third-class
medical certificate exemption under subsection (a) shall not
apply if--
(i) in the judgment of the individual's State-licensed
medical specialist, the condition--
(I) renders the individual unable to safely perform the
duties or exercise the airman privileges described in
subsection (a)(8); or
(II) may reasonably be expected to make the individual
unable to perform the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is revoked by the
issuing agency as a result of a clinically diagnosed
neurological condition.
(B) Certification.--Subject to subparagraph (A), an
individual clinically diagnosed with a neurological condition
shall certify every 2 years, in conjunction with the
certification under subsection (c)(10)(C), that the
individual is under the care of a State-licensed medical
specialist for that neurological condition.
(f) Identification of Additional Medical Conditions for
CACI Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review and
identify additional medical conditions that could be added to
the program known as the Conditions AMEs Can Issue (CACI)
program.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report listing
the medical conditions that have been added to the CACI
program under paragraph (1).
(g) Expedited Authorization for Special Issuance of a
Medical Certificate.--
(1) In general.--The Administrator shall implement
procedures to expedite the process for obtaining an
Authorization for Special Issuance of a Medical Certificate
under section 67.401 of title 14, Code of Federal
Regulations.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report describing
how the procedures implemented under paragraph (1) will
streamline the process for obtaining an Authorization for
Special Issuance of a Medical Certificate and reduce the
amount of time needed to review and decide special issuance
cases.
(h) Report Required.--Not later than 5 years after the date
of enactment of this Act, the Administrator, in coordination
with the National Transportation Safety Board, shall submit
to the appropriate committees of Congress a report that
describes the effect of the regulations issued or revised
under subsection (a) and includes statistics with respect to
changes in small aircraft activity and safety incidents.
(i) Prohibition on Enforcement Actions.--Beginning on the
date that is 1 year after the date of enactment of this Act,
the Administrator may not take an enforcement action for not
holding a valid third-class medical certificate against a
pilot of a covered aircraft for a flight if the pilot and the
flight meet, through a good faith effort, the applicable
requirements under subsection (a), except paragraph (5) of
that subsection, unless the Administrator has published final
regulations in the Federal Register under that subsection.
(j) Covered Aircraft Defined.--In this section, the term
``covered aircraft'' means an aircraft that--
(1) is authorized under Federal law to carry not more than
6 occupants; and
(2) has a maximum certificated takeoff weight of not more
than 6,000 pounds.
(k) Operations Covered.--The provisions and requirements
covered in this section do not apply to pilots who elect to
operate under the medical requirements under subsection (b)
or subsection (c) of section 61.23 of title 14, Code of
Federal Regulations.
(l) Authority To Require Additional Information.--
(1) In general.--If the Administrator receives credible or
urgent information, including from the National Driver
Register or the Administrator's Safety Hotline, that reflects
on an individual's ability to safely operate a covered
aircraft under the third-class
[[Page H4634]]
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) In providing the option described in subparagraph
(A), the air carrier shall begin to return the aircraft to a
suitable disembarkation point--
``(i) in the case of a flight in interstate air
transportation, not later than 3 hours after the main
aircraft door is closed in preparation for departure; and
``(ii) in the case of a flight in foreign air
transportation, not later than 4 hours after the main
aircraft door is closed in preparation for departure.''; and
(3) in subparagraph (D) (as redesignated by paragraph (1)
of this subsection) by striking ``subparagraphs (A) and (B)''
and inserting ``subparagraphs (A), (B), and (C)''.
(b) Excessive Tarmac Delay Defined.--Section 42301(i)(4) of
title 49, United States Code, is amended to read as follows:
``(4) Excessive tarmac delay.--The term `excessive tarmac
delay' means a tarmac delay of more than--
``(A) 3 hours for a flight in interstate air
transportation; or
``(B) 4 hours for a flight in foreign air
transportation.''.
(c) Regulations.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation
shall issue regulations and take other actions necessary to
carry out the amendments made by this section.
SEC. 2309. 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 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 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) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish
PreCheck Program enrollment standards that add multiple
private sector application capabilities for the PreCheck
Program to increase the public's enrollment access to the
program, including standards that allow the use of secure
technologies, including online enrollment, kiosks, tablets,
or staffed laptop stations at which individuals can apply for
entry into the program.
(b) Requirements.--Upon publication of the PreCheck Program
enrollment standards under subsection (a), the Administrator
shall--
(1) coordinate with interested parties--
(A) to deploy TSA-approved ready-to-market private sector
solutions that meet the PreCheck Program enrollment standards
under such subsection;
(B) to make available additional PreCheck Program
enrollment capabilities; and
(C) to offer secure online and mobile enrollment
opportunities;
(2) partner with the private sector to collect biographic
and biometric identification information via kiosks, mobile
devices, or other mobile enrollment platforms to increase
enrollment flexibility and minimize the amount of travel to
enrollment centers for applicants;
(3) ensure that any information, including biographic
information, is collected in a manner that--
(A) is comparable with the appropriate and applicable
standards developed by the National Institute of Standards
and Technology; and
(B) protects privacy and data security, including that any
personally identifiable information is collected, retained,
used, and shared in a manner consistent with section 552a of
title 5, United States Code (commonly known as ``Privacy Act
of 1974''), and with agency regulations;
(4) ensure that the enrollment process is streamlined and
flexible to allow an individual to provide additional
information to complete enrollment and verify identity;
(5) ensure that any enrollment expansion using a private
sector risk assessment instead of a fingerprint-based
criminal history records check is evaluated and certified by
the Secretary of Homeland Security, and verified by the
Government Accountability Office or a federally funded
research and development center after award to be equivalent
to a fingerprint-based criminal history records check
conducted through the Federal Bureau of Investigation with
respect to the effectiveness of identifying individuals who
are not qualified to participate in the PreCheck Program due
to disqualifying criminal history; and
(6) ensure that the Secretary has certified that reasonable
procedures are in place with regard to the accuracy,
relevancy, and proper utilization of information employed in
private sector risk assessments.
(c) Marketing of PreCheck Program.--Upon publication of
PreCheck Program enrollment standards under subsection (a),
the Administrator shall--
(1) in accordance with such standards, develop and
implement--
(A) a continual process, including an associated timeframe,
for approving private sector marketing of the PreCheck
Program; and
(B) a long-term strategy for partnering with the private
sector to encourage enrollment in such program;
(2) submit to Congress, at the end of each fiscal year, a
report on any PreCheck Program application fees collected in
excess of the costs of administering the program, including
to assess the feasibility of the program, for such fiscal
year, and recommendations for using such fees to support
marketing of the program.
(d) Identity Verification Enhancement.--Not later than 120
days after the date of enactment of this Act, the
Administrator shall--
(1) coordinate with the heads of appropriate components of
the Department to leverage Department-held data and
technologies to verify the citizenship of individuals
enrolling in the PreCheck Program;
(2) partner with the private sector to use biometrics and
authentication standards, such as relevant standards
developed by the National Institute of Standards and
Technology, to facilitate enrollment in the program; and
(3) consider leveraging the existing resources and
abilities of airports to conduct fingerprint and background
checks to expedite identity verification.
(e) PreCheck Program Lanes Operation.--The Administrator
shall--
(1) ensure that PreCheck Program screening lanes are open
and available during peak and high-volume travel times at
appropriate airports to individuals enrolled in the PreCheck
Program; and
(2) make every practicable effort to provide expedited
screening at standard screening lanes during times when
PreCheck Program screening lanes are closed to individuals
enrolled in the program in order to maintain operational
efficiency.
(f) Vetting for PreCheck Program Participants.--Not later
than 90 days after the date of enactment of this Act, the
Administrator shall initiate an assessment to identify any
security vulnerabilities in the vetting process for the
PreCheck Program, including determining whether subjecting
PreCheck Program participants to recurrent fingerprint-based
criminal history records checks, in addition to recurrent
checks against the terrorist watchlist, could be done in a
cost-effective manner to strengthen the security of the
PreCheck Program.
Subtitle B--Securing Aviation From Foreign Entry Points and Guarding
Airports Through Enhanced Security
SEC. 3201. LAST POINT OF DEPARTURE AIRPORT SECURITY
ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall conduct a
comprehensive security risk assessment of all last point
[[Page H4635]]
of departure airports with nonstop flights to the United
States.
(b) Contents.--The security risk assessment required under
subsection (a) shall include consideration of the following:
(1) The level of coordination and cooperation between the
TSA and the foreign government of the country in which the
last point of departure airport with nonstop flights to the
United States is located.
(2) The intelligence and threat mitigation capabilities of
the country in which such airport is located.
(3) The number of known or suspected terrorists annually
transiting through such airport.
(4) The degree to which the foreign government of the
country in which such airport is located mandates,
encourages, or prohibits the collection, analysis, and
sharing of passenger name records.
(5) The passenger security screening practices,
capabilities, and capacity of such airport.
(6) The security vetting undergone by aviation workers at
such airport.
(7) The access controls utilized by such airport to limit
to authorized personnel access to secure and sterile areas of
such airports.
SEC. 3202. SECURITY COORDINATION ENHANCEMENT PLAN.
(a) In General.--Not later than 240 days after the date of
enactment of this Act, the Administrator shall submit to
Congress and the Government Accountability Office a plan--
(1) to enhance and bolster security collaboration,
coordination, and information sharing relating to securing
international-inbound aviation between the United States and
domestic and foreign partners, including U.S. Customs and
Border Protection, foreign government entities, passenger air
carriers, cargo air carriers, and United States Government
entities, in order to enhance security capabilities at
foreign airports, including airports that may not have
nonstop flights to the United States but are nonetheless
determined by the Administrator to be high risk; and
(2) that includes an assessment of the ability of the TSA
to enter into a mutual agreement with a foreign government
entity that permits TSA representatives to conduct without
prior notice inspections of foreign airports.
(b) GAO Review.--Not later than 180 days after the
submission of the plan required under subsection (a), the
Comptroller General of the United States shall review the
efforts, capabilities, and effectiveness of the TSA to
enhance security capabilities at foreign airports and
determine if the implementation of such efforts and
capabilities effectively secures international-inbound
aviation.
SEC. 3203. 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 Security and Governmental Affairs and the Committee
on Commerce, Science, and Transportation of the Senate a
detailed written explanation of the following:
(1) The specific vulnerability to the United States or
United States citizens that will be mitigated by such
donation.
(2) An explanation as to why the recipient of such donation
is unable or unwilling to purchase security screening
equipment to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case
of emergency or instability in the country to which such
donation is being made.
(4) How the Administrator will ensure the security
screening equipment that is being donated is used and
maintained over the course of its life by the recipient.
(5) The total dollar value of such donation.
SEC. 3205. NATIONAL CARGO SECURITY PROGRAM.
(a) In General.--The Administrator may evaluate foreign
countries' air cargo security programs to determine whether
such programs provide a level of security commensurate with
the level of security required by United States air cargo
security programs.
(b) Approval and Recognition.--
(1) In general.--If the Administrator determines that a
foreign country's air cargo security program evaluated under
subsection (a) provides a level of security commensurate with
the level of security required by United States air cargo
security programs, the Administrator shall approve and
officially recognize such foreign country's air cargo
security program.
(2) Effect of approval and recognition.--If the
Administrator approves and officially recognizes pursuant to
paragraph (1) a foreign country's air cargo security program,
an aircraft transporting cargo that is departing such foreign
country shall not be required to adhere to United States air
cargo security programs that would otherwise be applicable.
(c) Revocation and Suspension.--
(1) In general.--If the Administrator determines at any
time that a foreign country's air cargo security program
approved and officially recognized under subsection (b) no
longer provides a level of security commensurate with the
level of security required by United States air cargo
security programs, the Administrator may revoke or
temporarily suspend such approval and official recognition
until such time as the Administrator determines that such
foreign country's cargo security programs provide a level of
security commensurate with the level of security required by
such United States air cargo security programs.
(2) Notification.--If the Administrator revokes or suspends
pursuant to paragraph (1) a foreign country's air cargo
security program, the Administrator shall notify the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 30 days after
such revocation or suspension.
(d) Application.--This section shall apply irrespective of
whether cargo is transported on an aircraft of an air
carrier, a foreign air carrier, a cargo carrier, or a foreign
cargo carrier.
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) In General.--Not later than 30 days after the date of
the enactment of this Act, the Administrator shall complete
an assessment of the TSA's staffing allocation model to
determine the necessary staffing positions at all airports in
the United States at which the TSA operates passenger
checkpoints.
(b) Appropriate Staffing.--The staffing allocation model
described in subsection (a) shall be based on necessary
staffing levels to maintain minimal passenger wait times and
maximum security effectiveness.
(c) Additional Resources.--In assessing necessary staffing
for minimal passenger wait times and maximum security
effectiveness referred to in subsection (b), the
Administrator shall include the use of canine explosives
detection teams and technology to assist screeners conducting
security checks.
(d) Transparency.--The Administrator shall share with
aviation security stakeholders the staffing allocation model
described in subsection (a), as appropriate.
(e) Exchange of Information.--The Administrator shall
require each Federal Security Director to engage on a regular
basis with the appropriate aviation security stakeholders to
exchange information regarding airport operations, including
security operations.
(f) GAO Review.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall review the staffing allocation model
described in subsection (a) and report to the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the results of such review.
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.
[[Page H4636]]
SEC. 3304. 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) Disseminate to aviation security stakeholders and
appropriate TSA personnel a list of checkpoint optimization
best practices.
(4) Request the Aviation Security Advisory Committee
(established pursuant to section 44946 of title 49, United
States Code) provide recommendations on best practices for
checkpoint security operations optimization.
(b) Staffing Advisory Coordination.--Not later than 30 days
after the date of the enactment of this Act, the
Administrator shall--
(1) direct each Federal Security Director to coordinate
local representatives of aviation security stakeholders to
establish a staffing advisory working group at each airport
at which the TSA oversees or performs passenger security
screening to provide recommendations to the Administrator on
Transportation Security Officer staffing numbers, for each
such airport; and
(2) certify to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that such staffing
advisory working groups have been established.
(c) Reporting.--Not later than 60 days after the date of
the enactment of this Act, the Administrator shall--
(1) report to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate regarding how the
TSA's Passenger Screening Canine assets may be deployed and
utilized for maximum efficiency to mitigate risk and optimize
checkpoint operations; and
(2) report to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the status of
the TSA's Credential Authentication Technology Assessment
program and how deployment of such program might optimize
checkpoint operations.
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) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall conduct or
update an assessment to determine the level of risk posed to
the domestic air transportation system by individuals with
unescorted access to a secure area of an airport (as such
term is defined in section 44903(j)(2)(H)) in light of recent
international terrorist activity.
(2) Considerations.--In conducting or updating the
assessment under paragraph (1), the Administrator shall
consider--
(A) domestic intelligence;
(B) international intelligence;
(C) the vulnerabilities associated with unescorted access
authority granted to domestic airport operators and air
carriers, and their workers;
(D) the vulnerabilities associated with unescorted access
authority granted to foreign airport operators and air
carriers, and their workers;
(E) the processes and practices designed to mitigate the
vulnerabilities associated with unescorted access privileges
granted to airport operators and air carriers, and their
workers;
(F) the recent security breaches at domestic and foreign
airports; and
(G) the recent security improvements at domestic airports,
including the implementation of recommendations made by
relevant advisory committees, including the ASAC.
(b) Reports.--The Administrator shall submit to the
appropriate congressional committees--
(1) a report on the results of the assessment under
subsection (a), including any recommendations for improving
aviation security;
(2) a report on the implementation status of any
recommendations made by the ASAC; and
(3) regular updates about the insider threat environment as
new information becomes available or as needed.
SEC. 3403. OVERSIGHT.
(a) Enhanced Requirements.--
(1) In general.--Subject to public notice and comment, and
in consultation with airport operators, the Administrator
shall update the rules on access controls issued by the
Secretary under chapter 449 of title 49, United States Code.
(2) Considerations.--As part of the update under paragraph
(1), the Administrator shall consider--
(A) increased fines and advanced oversight for airport
operators that report missing more than five percent of
credentials for unescorted access to any SIDA of an airport;
(B) best practices for Category X airport operators that
report missing more than three percent of credentials for
unescorted access to any SIDA of an airport;
(C) additional audits and status checks for airport
operators that report missing more than three percent of
credentials for unescorted access to any SIDA of an airport;
(D) review and analysis of the prior five years of audits
for airport operators that report missing more than three
percent of credentials for unescorted access to any SIDA of
an airport;
(E) increased fines and direct enforcement requirements for
both airport workers and their employers that fail to report
within 24 hours an employment termination or a missing
credential for unescorted access to any SIDA of an airport;
and
(F) a method for termination by the employer of any airport
worker who fails to report in a timely manner missing
credentials for unescorted access to any SIDA of an airport.
(b) Temporary Credentials.--The Administrator may encourage
the issuance by airports and aircraft operators of free, one-
time, 24-hour temporary credentials for workers who have
reported, in a timely manner, their credentials missing, but
not permanently lost, stolen, or destroyed, until replacement
of credentials under section 1542.211 of title 49 Code of
Federal Regulations is necessary.
(c) Notification and Report to Congress.--The Administrator
shall--
(1) notify the appropriate congressional committees each
time an airport operator reports that more than three percent
of credentials for unescorted access to any SIDA at a
Category X airport are missing, or more than five percent of
credentials to access any SIDA at any other airport are
missing; and
(2) submit to the appropriate congressional committees an
annual report on the number of violations and fines related
to unescorted access to the SIDA of an airport collected in
the preceding fiscal year.
SEC. 3404. CREDENTIALS.
(a) Lawful Status.--Not later than 90 days after the date
of the enactment of this Act, the Administrator shall issue
to airport operators guidance regarding placement of an
expiration date on each airport credential issued to a non-
United States citizen that is not longer than the period of
time during which such non-United States citizen is lawfully
authorized to work in the United States.
(b) Review of Procedures.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall--
(A) issue guidance for transportation security inspectors
to annually review the procedures of airport operators and
air carriers for applicants seeking unescorted access to any
SIDA of an airport; and
(B) make available to airport operators and air carriers
information on identifying suspicious or fraudulent
identification materials.
(2) Inclusions.--The guidance issued pursuant to paragraph
(1) shall require a comprehensive review of background checks
and employment authorization documents issued by United
States Citizenship and Immigration Services during the course
of a review of procedures under such paragraph.
SEC. 3405. VETTING.
(a) Eligibility Requirements.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and subject to public notice and
comment, the Administrator shall revise the regulations
issued under section 44936 of title 49, United States Code,
in accordance with this section and current knowledge of
insider threats and intelligence under section 3502, to
enhance the eligibility requirements and disqualifying
criminal offenses for individuals seeking or having
unescorted access to any SIDA of an airport.
(2) Disqualifying criminal offenses.--In revising the
regulations under paragraph (1), the Administrator shall
consider adding to the list of disqualifying criminal
offenses
[[Page H4637]]
and criteria the offenses and criteria listed in section
122.183(a)(4) of title 19, Code of Federal Regulations and
section 1572.103 of title 49, Code of Federal Regulations.
(3) Waiver process for denied credentials.--Notwithstanding
section 44936(b) of title 49, United States Code, in revising
the regulations under paragraph (1) of this subsection, the
Administrator shall--
(A) ensure there exists or is developed a waiver process
for approving the issuance of credentials for unescorted
access to any SIDA of an airport for an individual found to
be otherwise ineligible for such credentials; and
(B) consider, as appropriate and practicable--
(i) the circumstances of any disqualifying act or offense,
restitution made by the individual, Federal and State
mitigation remedies, and other factors from which it may be
concluded that the individual does not pose a terrorism risk
or a risk to aviation security warranting denial of the
credential; and
(ii) the elements of the appeals and waiver process
established under section 70105(c) of title 46, United States
Code.
(4) Look back.--In revising the regulations under paragraph
(1), the Administrator shall propose that an individual be
disqualified if the individual was convicted, or found not
guilty by reason of insanity, of a disqualifying criminal
offense within 15 years before the date of an individual's
application, or if the individual was incarcerated for such
crime and released from incarceration within five years
before the date of the individual's application.
(5) Certifications.--The Administrator shall require an
airport or aircraft operator, as applicable, to certify for
each individual who receives unescorted access to any SIDA of
an airport that--
(A) a specific need exists for providing the individual
with unescorted access authority; and
(B) the individual has certified to the airport or aircraft
operator that the individual understands the requirements for
possessing a SIDA badge.
(6) Report to congress.--Not later than 90 days after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate congressional committees a report
on the status of the revision to the regulations issued under
section 44936 of title 49, United States Code, in accordance
with this section.
(7) Rule of construction.--Nothing in this subsection may
be construed to affect existing aviation worker vetting fees
imposed by the TSA.
(b) Recurrent Vetting.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator and the Director
of the Federal Bureau of Investigation shall fully implement
the Rap Back service for recurrent vetting of eligible TSA-
regulated populations of individuals with unescorted access
to any SIDA of an airport.
(2) Requirements.--As part of the requirement in paragraph
(1), the Administrator shall ensure that--
(A) any status notifications the TSA receives through the
Rap Back service about criminal offenses be limited to only
disqualifying criminal offenses in accordance with the
regulations promulgated by the TSA under section 44903 of
title 49, United States Code, or other Federal law; and
(B) any information received by the Administration through
the Rap Back service is provided directly and immediately to
the relevant airport and aircraft operators.
(3) Report to congress.--Not later than 30 days after
implementation of the Rap Back service described in paragraph
(1), the Administrator shall submit to the appropriate
congressional committees a report on the such implementation.
(c) Access to Terrorism-Related Data.--Not later than 30
days after the date of the enactment of this Act, the
Administrator and the Director of National Intelligence shall
coordinate to ensure that the Administrator is authorized to
receive automated, real-time access to additional Terrorist
Identities Datamart Environment (TIDE) data and any other
terrorism-related category codes to improve the effectiveness
of the TSA's credential vetting program for individuals who
are seeking or have unescorted access to any SIDA of an
airport.
(d) Access to E-Verify and SAVE Programs.--Not later than
90 days after the date of the enactment of this Act, the
Secretary shall authorize each airport operator to have
direct access to the E-Verify program and the Systematic
Alien Verification for Entitlements (SAVE) automated system
to determine the eligibility of individuals seeking
unescorted access to any SIDA of an airport.
SEC. 3406. METRICS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Administrator shall develop
and implement performance metrics to measure the
effectiveness of security for the SIDAs of airports.
(b) Considerations.--In developing the performance metrics
under subsection (a), the Administrator may consider--
(1) adherence to access point procedures;
(2) proper use of credentials;
(3) differences in access point requirements between
airport workers performing functions on the airside of an
airport and airport workers performing functions in other
areas of an airport;
(4) differences in access point characteristics and
requirements at airports; and
(5) any additional factors the Administrator considers
necessary to measure performance.
SEC. 3407. INSPECTIONS AND ASSESSMENTS.
(a) Model and Best Practices.--Not later than 180 days
after the date of the enactment of this Act, the
Administrator, in consultation with the ASAC, shall develop a
model and best practices for unescorted access security
that--
(1) use intelligence, scientific algorithms, and risk-based
factors;
(2) ensure integrity, accountability, and control;
(3) subject airport workers to random physical security
inspections conducted by TSA representatives in accordance
with this section;
(4) appropriately manage the number of SIDA access points
to improve supervision of and reduce unauthorized access to
SIDAs; and
(5) include validation of identification materials, such as
with biometrics.
(b) Inspections.--Consistent with a risk-based security
approach, the Administrator shall expand the use of
transportation security officers and inspectors to conduct
enhanced, random and unpredictable, data-driven, and
operationally dynamic physical inspections of airport workers
in each SIDA of an airport and at each SIDA access point to--
(1) verify the credentials of such airport workers;
(2) determine whether such airport workers possess
prohibited items, except for those items that may be
necessary for the performance of such airport workers'
duties, as appropriate, in any SIDA of an airport; and
(3) verify whether such airport workers are following
appropriate procedures to access any SIDA of an airport.
(c) Screening Review.--
(1) In general.--The Administrator shall conduct a review
of airports that have implemented additional airport worker
screening or perimeter security to improve airport security,
including--
(A) comprehensive airport worker screening at access points
to secure areas;
(B) comprehensive perimeter screening, including vehicles;
(C) enhanced fencing or perimeter sensors; and
(D) any additional airport worker screening or perimeter
security measures the Administrator identifies.
(2) Best practices.--After completing the review under
paragraph (1), the Administrator shall--
(A) identify best practices for additional access control
and airport worker security at airports; and
(B) disseminate to airport operators the best practices
identified under subparagraph (A).
(3) Pilot program.--The Administrator may conduct a pilot
program at one or more airports to test and validate best
practices for comprehensive airport worker screening or
perimeter security under paragraph (2).
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).
SEC. 3409. SECURITY DIRECTIVES.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the
Administrator, in consultation with the appropriate regulated
entities, shall conduct a comprehensive review of every
current security directive addressed to any regulated entity
to--
(1) determine whether each such security directive
continues to be relevant;
(2) determine whether such security directives should be
streamlined or consolidated to most efficiently maximize risk
reduction; and
(3) update, consolidate, or revoke any security directive
as necessary.
(b) Notice.--For each security directive that the
Administrator issues, the Administrator shall submit to the
appropriate congressional committees notice of--
(1) the extent to which each such security directive
responds to a specific threat, security threat assessment, or
emergency situation against civil aviation; and
(2) when it is anticipated that each such security
directive will expire.
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--
[[Page H4638]]
(1) assess the progress made by the TSA and the effect on
aviation security of implementing the requirements under
sections 3402 through 3409 of this subtitle; and
(2) report to the appropriate congressional committees on
the results of the assessment under paragraph (1), including
any recommendations.
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) In General.--The Administrator, in accordance with
chapter 449 of title 49, United States Code, shall request
the Aviation Security Advisory Committee (established
pursuant to section 44946 of such title) to develop
recommendations for more efficient and effective passenger
screening processes.
(b) Considerations.--In making recommendations to improve
existing passenger screening processes, the Aviation Security
Advisory Committee shall consider--
(1) the configuration of a checkpoint;
(2) technology innovation;
(3) ways to address any vulnerabilities identified in
audits of checkpoint operations;
(4) ways to prevent security breaches at airports at which
Federal security screening is provided;
(5) best practices in aviation security;
(6) recommendations from airports and aircraft operators,
and any relevant advisory committees; and
(7) ``curb to curb'' processes and procedures.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the Aviation Security Advisory Committee review under this
section, including any recommendations for improving
passenger screening processes.
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;
(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''.
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;''.
In lieu of the amendment of the Senate to the title of
the bill, amend the title so as to read: ``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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Shuster) and the gentleman from Oregon (Mr. DeFazio)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and to
include any extraneous material on H. Res. 818.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H. Res. 818, the FAA Extension, Safety,
and Security Act of 2016.
First and foremost, this is a bipartisan, bicameral, long-term
extension of the Federal Aviation Administration's authorities and
funding through the end of fiscal year 2017.
This extension provides stability to our aviation system over the
next 14 months while Congress refocuses on a full FAA reauthorization.
Without this extension, the FAA programs will face a shutdown next
week, thousands of FAA employees could be furloughed, airport projects
across the country will come to a halt, and about $40 million a day in
aviation trust fund revenue will
[[Page H4639]]
go uncollected. That is funding for air traffic control, airport
development, and other safety and modernization programs that will
never be recovered.
This extension also includes limited, but critical and time-sensitive
provisions to improve aviation safety and security. Some of the
provisions address safety critical issues raised by aviation tragedies,
including the Germanwings, Asiana, and Colgan Air accidents.
Other safety critical issues addressed include protecting low-flying
GA pilots from unmarked towers, reevaluating crash standards for
helicopter fuel systems, improving the air traffic control hiring
process and ensuring the FAA better addresses chronic controller
shortages, and training flight attendants to recognize and respond to
human trafficking.
Given the growing demand for drones and the ongoing need to address
their safe operation, this legislation includes provisions to manage
the safe integration of drones.
In response to safety concerns related to potential cybersecurity
risks, the extension requires the FAA to develop a comprehensive
cybersecurity plan. In addition to critical safety needs, this
extension also addresses the security of our aviation system.
As the recent bombings in Brussels and Istanbul have reminded us,
aviation remains a prominent target for terrorists.
The House already passed almost a dozen bills this Congress related
to transportation security, and this extension includes much of that
language.
Again, this is a bipartisan, bicameral extension with limited, but
critical and time-sensitive safety and security reforms.
I thank Ranking Member DeFazio for his partnership in negotiations
with the Senate. I also thank Chairman Thune and Ranking Member Nelson
of the Senate Committee on Commerce, Science, and Transportation for
their help in drafting this extension.
{time} 1915
I want to thank Chairman McCaul and Ranking Member Thompson of the
Committee on Homeland Security for their efforts in putting together a
robust security title.
I also want to thank Committee on Ways and Means Chairman Brady and
Ranking Member Levin; Committee on Science, Space, and Technology
Chairman Smith and Ranking Member Johnson for their work on this
resolution.
In addition, the gentleman from New Jersey (Mr. LoBiondo), the
chairman of the subcommittee, and the gentleman from Washington (Mr.
Larsen), the ranking member of the subcommittee, added critical and
important provisions into this extension.
Passage of this extension will provide more than a year's worth of
certainty and stability to the FAA, the aviation community, and the
flying public. During this time, we will continue to develop a long-
term FAA bill.
Mr. Speaker, I urge all my colleagues to support H.R. 818.
I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
This gives us 14\1/2\ months of certainty for critical programs with
the FAA. It is a bipartisan product. I would rather that we had been
doing a long-term authorization, more substantial policy, but this is
an acceptable resolution.
The safety title gives the FAA authority to more rigorously go after
people who use laser pointers, idiots who use laser pointers,
potentially causing catastrophic accidents and high damage; to go after
people who are interfering in stopping firefighting efforts with
drones; shore up cybersecurity for safety critical aviation
infrastructure.
The FAA, something I have been pursuing for years, will step up its
oversight of overseas aircraft repair and overhaul facilities, where
more and more work is being done, where they do not live up to U.S.
standards. Some of the people at the FAA had come up with a brilliant
new idea which was disqualifying people eminently qualified and already
working as air traffic controllers from becoming air traffic
controllers. We fix that problem. We balance the need for integration
of drones with the need to protect the general public and the national
airspace and a number of other critical provisions.
With that, I recommend my colleagues support the legislation.
I reserve the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield such time as he may consume to the
gentleman from New Jersey (Mr. LoBiondo), the chairman of the
Subcommittee on Aviation.
Mr. LoBIONDO. Mr. Speaker, I would like to thank Chairman Shuster,
Mr. DeFazio, Mr. Larsen, and the other committees responsible for this
very important legislation which I strongly support.
In my district in New Jersey, I have the privilege of representing
approximately 4,000 FAA employees and contractors who work at the FAA's
premier flagship technical center. Their extraordinary energy and
dedication ensures American aviation continues to move forward. Without
them, American leadership in aviation would suffer, and we cannot
afford to send them home because Congress failed to do our work and
pass an authorization bill.
A lapse in authorization would result in the halting of certification
and registration of new aircraft and disruption of our aerospace
industry. It would needlessly jeopardize good-paying jobs and cause
pain to hardworking Americans. This long-term extension averts these
self-inflicted injuries. It also makes safety-critical reforms while
capitalizing on the momentum of FAA's long-delayed small UAS rule.
The resolution moves the ball forward for advancing UAS applications
while ensuring they do not pose a threat to aviation, critical
infrastructure, or the general public. It also gives the UAS test sites
established under the 2012 FAA bill--one of which operates in my
district--the certainty and stability they will need to conduct
critical research and development on UAS integration.
Mr. Speaker, this long-term extension promotes a stable aviation
system, improves aviation security, and strengthens aviation security.
It also has strong safety measures. I urge all of my colleagues to
support this well-thought-out measure.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from
Mississippi (Mr. Thompson).
Mr. THOMPSON of Mississippi. I thank the gentleman for yielding.
Mr. Speaker, while I commend Mr. DeFazio and his colleagues for
negotiating language to enhance aviation safety, I must rise in
opposition to this legislation.
My problem with the resolution stems from a potential job-killing
provision inserted in the homeland security portion of the package.
Understandably, after the airport attacks in Brussels and, more
recently, Istanbul, there is interest in strengthening aviation
security.
Section 3405 directs TSA to update regulations for eligibility,
including disqualifying offenses, for SIDA airport credentials, which
airport workers need to perform their jobs. There is no evidence that
this additional scrutiny would strengthen aviation security. What we do
know for sure is that the changes would unjustifiably put workers at
risk of losing their jobs. As such, it should come as no surprise that
the International Association of Machinists, the Communication Workers
of America, and the Transportation Workers Union have come out in
strong opposition to this resolution.
That measure, H.R. 3102, also was approved by voice vote in the House
this past October. The language before us today goes several steps
further than H.R. 3102, unjustifiably lengthening the well-litigated
10-year look-back period from 10 to 15 years. The men and women who
will be subject to this arbitrary change have as strong, if not more,
of an interest as you or me in preventing terrorism in airports. They
deserve better than living in fear that they will be able to lose their
jobs in the name of homeland security.
Mr. SHUSTER. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Smith), the chairman of the Committee on Science, Space, and
Technology.
Mr. SMITH of Texas. Mr. Speaker, I thank the gentleman from
Pennsylvania (Mr. Shuster), the chairman of the Committee on
Transportation and Infrastructure, for yielding me time.
As Congress continues working toward a multiyear authorization for
the
[[Page H4640]]
Federal Aviation Administration, the FAA Extension, Safety, and
Security Act of 2016 will ensure that safety and security research and
development activities are authorized.
Pursuant to rule X, the House Committee on Science, Space, and
Technology has legislative jurisdiction over ``civil aviation research
and development,'' regardless of the funding account from which the
research and development is appropriated.
Earlier this year, the House Committee on Science, Space, and
Technology marked up and passed out of committee a 3-year civil
aviation research and development authorization for the FAA, the Flight
R&D Act. This important legislation was introduced by Representative
Stephen Knight.
Many provisions from the Flight R&D Act are now in the 2016 FAA
extension we are considering tonight, and I very much appreciate
Chairman Shuster's including them. These provisions include the
development of a cybersecurity research and development plan, a study
on metrics to streamline the integration of unmanned aircraft systems
into the national airspace, a research plan for unmanned aircraft
systems traffic management, and the establishment of an unmanned and
manned aircraft collision research program. These are important,
pressing Committee on Science, Space, and Technology R&D provisions
that will increase public safety and private commerce.
I look forward to working to include the remainder of the Flight R&D
Act provisions in a larger FAA bill next year. I encourage my
colleagues to support Chairman Shuster's resolution.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
Colorado (Mr. Perlmutter).
Mr. PERLMUTTER. I thank Mr. DeFazio.
Mr. Speaker, on July 3 last year, a Flight for Life air ambulance
helicopter took off in Frisco, Colorado. Just seconds later, the
helicopter crashed in a parking lot next to the helipad and burst into
flames. The post-crash fire contributed to the death of the pilot,
Patrick Mahany, and severely burned the two flight nurses, Dave Repsher
and Matthew Bowe. Dave Repsher is still hospitalized today after
suffering burns on more than 90 percent of his body.
The U.S. military required changes to helicopter fuel systems over 50
years ago. The FAA underwent a rulemaking in 1994 concerning crash-
resistant fuel system standards, but 22 years later we still do not
require newly manufactured helicopters to meet these safety standards.
The 1994 rulemaking required all newly certified helicopter designs to
incorporate crash-resistant fuel systems, but helicopter designs are
certified once and then can be manufactured for years. So new
helicopters like the AS350, which crashed in Frisco and was only 1 year
old, are being built to an unsafe standard.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. DeFAZIO. Mr. Speaker, I yield an additional 30 seconds to the
gentleman.
Mr. PERLMUTTER. Mr. Speaker, this resolution today includes section
2105, requiring the administrator of the FAA to evaluate and update
these safety standards. I want to thank Chairman Shuster and Ranking
Member DeFazio for working with me on this issue. Together, we can work
with the FAA and industry to update these critical safety standards and
make sure newly manufactured helicopters include crash-resistant fuel
systems.
Mr. SHUSTER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from Indiana (Mr. Rokita).
Mr. ROKITA. Mr. Speaker, I would like to thank the chairman for
yielding time to speak today on this legislation. I also want to thank
the chairman of the Committee on Transportation and Infrastructure for
his excellent leadership that he has shown this Congress and previous
Congresses. It has been an absolute pleasure to serve on a committee
that has accomplished so much.
Today I want to speak briefly on an important provision of this
reauthorization. As an airman myself, I have always stood up for the
rights of general aviation pilots. Section 2307 in this legislation,
which is based on my bill, the General Aviation Pilot Protection Act,
will make operating a private aircraft easier and more common sense for
private pilots.
Currently, pilots must get an unnecessary, outdated medical
examination from a government-approved physician as often as once a
year. Section 2307 would change that requirement so that a pilot can
simply visit his family physician once every 4 years. Although this
doesn't go as far as is ultimately needed to get rid of 20th century
red tape while maintaining safety in the 21st century, it is real
progress for aviators.
This change is strongly supported by the Aircraft Owners and Pilots
Association, of which I am a proud member, and has a strong bipartisan
list of cosponsors. I thank, again, Chairman Shuster and Ranking Member
DeFazio for their continued leadership on this and other aviation
issues. I urge Members and all of us to support this legislation,
including the bipartisan House General Aviation Caucus.
Mr. DeFAZIO. I yield 1\1/2\ minutes to the gentleman from Colorado
(Mr. Polis).
Mr. POLIS. Mr. Speaker, although I am glad the House of
Representatives is taking a step in the right direction by
reauthorizing the FAA for a few months, I am frustrated that we are not
going as far as we could to protect lives that could be easily saved.
On July 3, 2015, just over a year ago, there was a Flight for Life
crash in Frisco, Colorado, in my district. The pilot died, and one
person on board is still recovering from major burns. The death was
caused not because of speed or pilot error, but simply because the fuel
system didn't have a crash-resistant system that is already mandated in
military helicopters.
Representative Perlmutter and I have introduced the Helicopter Fuel
System Safety Act, and that would require the FAA to install crash-
resistant fuel systems in newly manufactured helicopters by December
31, 2016. I am glad this reauthorization language moves the FAA in that
direction, but I hope that we can move forward quickly to save lives
and fix this.
I was also disappointed I wasn't allowed to offer several other
amendments, including one which would have given local airports more
flexibility in limiting flights, something of great concern for my
district around flight noise for constituents near Longmont. I don't
know how many of you live near airports that have continuous flights
with older planes, but I hear from my constituents often on this, and I
wanted the opportunity to do something about it to make sure that they
can enjoy their sleep and their peace and quiet of their neighborhoods.
I hope to work with the FAA, the ranking member and chairman to give
communities and airports the flexibility they need to have quiet skies
in the future.
Mr. SHUSTER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from Florida (Mr. Curbelo).
Mr. CURBELO of Florida. I thank the chairman for yielding. I
appreciate his work on this legislation, and the ranking member, Mr.
DeFazio, as well. I really appreciate the way that they have worked
collaboratively on this.
Mr. Speaker, this FAA reauthorization works to ensure that our
aviation system remains well equipped, secure, and safe for passengers
and pilots alike. It provides vital enhancements to the U.S. aviation
system by strengthening security, expanding TSA PreCheck, and requiring
the FAA to give Congress quarterly reports on the number of civil or
criminal disturbances that occur at airports.
I am proud to say that this measure also includes my bill, H.R. 5292,
the Air Traffic Controller Hiring Improvement Act. This legislation,
which has over 243 bipartisan cosponsors in the House, will reform for
the better the way we hire our air traffic controllers. It will improve
the ATC system by exempting College Training Initiative graduates and
military veterans from the controversial biographical questionnaire
while still allowing the general public to apply to serve as
controllers. H.R. 5292 also ensures the FAA directly notifies schools,
such as Historically Black Colleges and Hispanic-Serving Institutions,
when ATC vacancy announcements are made.
{time} 1930
This bill is certainly a step in the right direction; although, I
believe, Mr. Speaker, we have a long way to go to
[[Page H4641]]
modernize the FAA and bring America's ATO, or air traffic operation,
into the 21st century. I certainly look forward to working with the
chairman and my colleagues to make that a reality.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Knight).
Mr. KNIGHT. Mr. Speaker, I appreciate the chairman's and ranking
member's work on this.
Mr. Speaker, I rise today in support of the FAA Extension, Safety,
and Security Act of 2016.
The aeronautics research carried out by the Federal Aviation
Administration is vital to our Nation's prosperity. This is why earlier
this year I introduced the FLIGHT R&D Act to authorize FAA's civil
aviation research and development authorization activities.
The FAA Extension, Safety, and Security Act of 2016 includes many
important research and development provisions. Specifically, the bill
incorporates provisions from the FLIGHT R&D Act that pertain to
unmanned aircraft systems and cybersecurity. But it is only a stopgap
measure.
We as a nation must ensure our civil aeronautics research and
development activities are fully authorized. I look forward to working
with my colleagues in both the House and Senate on completing a
multiyear FAA authorization that will incorporate provisions of the
FLIGHT R&D Act that are not in today's extension.
I encourage my colleagues to support this bill.
Mr. DeFAZIO. Mr. Speaker, I yield back the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield myself the balance of my time.
Again, I want to thank Mr. DeFazio for working with us and with the
Senate on this. I want to thank not only his staff for their hard work
and long hours, but the staff on the majority side. They put in a lot
of hours and a lot of late nights to make sure we have gotten to this
point. So I want to thank them very, very much for their work.
Finally, I want to thank two gentlemen who worked extremely hard and
were tenacious in making sure we included third-class medical in this
extension; that is, the voice of general aviation in the House, Sam
Graves, who was, to say the least, relentless, as well as Senator
Inhofe. Both worked extremely hard to made sure that third-class
medical is in this, and that is extremely important to the GA community
and the private pilots to make sure that we had that in here. So we are
pleased it is in here.
Again, I want to thank both Congressman Sam Graves from Missouri and
Senator Inhofe for their hard work and their diligence. Again, let me
thank the staff on both sides for their work, and I urge all my
colleagues to support H. Res. 818.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Shuster) that the House suspend the
rules and agree to the resolution, H. Res. 818.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
____________________