[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 636 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
July 11, 2016.
Resolved, That the House agree to the amendment of the Senate to
the text of the bill (H.R. 636) entitled ``An Act to amend the Internal
Revenue Code of 1986 to permanently extend increased expensing
limitations, and for other purposes.'', with the following
HOUSE AMENDMENTS TO SENATE 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.
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''.
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 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.
(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--
(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
(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 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 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;
(6) increase awareness of the impacts of potentially
impairing over-the-counter and prescription drug medications;
(7) encourage regular medical examinations and
consultations with primary care physicians;
(8) inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency and
medically disqualifying conditions;
(9) provide the checklist developed by the Federal Aviation
Administration in accordance with subsection (b); and
(10) upon successful completion of the course,
electronically provide to the individual and transmit to the
Federal Aviation Administration--
(A) a certification of completion of the medical
education course, which shall be printed and retained
in the individual's logbook and made available upon
request, and shall contain the individual's name,
address, and airman certificate number;
(B) subject to subsection (d), a release
authorizing the National Driver Register through a
designated State Department of Motor Vehicles to
furnish to the Federal Aviation Administration
information pertaining to the individual's driving
record;
(C) a certification by the individual that the
individual is under the care and treatment of a
physician if the individual has been diagnosed with any
medical condition that may impact the ability of the
individual to fly, as required under subsection (a)(6);
(D) a form that includes--
(i) the name, address, telephone number,
and airman certificate number of the
individual;
(ii) the name, address, telephone number,
and State medical license number of the
physician performing the comprehensive medical
examination required in subsection (a)(7);
(iii) the date of the comprehensive medical
examination required in subsection (a)(7); and
(iv) a certification by the individual that
the checklist described in subsection (b) was
followed and signed by the physician in the
comprehensive medical examination required in
subsection (a)(7); and
(E) a statement, which shall be printed, and signed
by the individual certifying that the individual
understands the existing prohibition on operations
during medical deficiency by stating: ``I understand
that I cannot act as pilot in command, or any other
capacity as a required flight crew member, if I know or
have reason to know of any medical condition that would
make me unable to operate the aircraft in a safe
manner.''.
(d) National Driver Register.--The authorization under subsection
(c)(10)(B) shall be an authorization for a single access to the
information contained in the National Driver Register.
(e) Special Issuance Process.--
(1) In general.--An individual who has qualified for the
third-class medical certificate exemption under subsection (a)
and is seeking to serve as a pilot in command of a covered
aircraft shall be required to have completed the process for
obtaining an Authorization for Special Issuance of a Medical
Certificate for each of the following:
(A) A mental health disorder, limited to an
established medical history or clinical diagnosis of--
(i) personality disorder that is severe
enough to have repeatedly manifested itself by
overt acts;
(ii) psychosis, defined as a case in which
an individual--
(I) has manifested delusions,
hallucinations, grossly bizarre or
disorganized behavior, or other
commonly accepted symptoms of
psychosis; or
(II) may reasonably be expected to
manifest delusions, hallucinations,
grossly bizarre or disorganized
behavior, or other commonly accepted
symptoms of psychosis;
(iii) bipolar disorder; or
(iv) substance dependence within the
previous 2 years, as defined in section
67.307(a)(4) of title 14, Code of Federal
Regulations.
(B) A neurological disorder, limited to an
established medical history or clinical diagnosis of
any of the following:
(i) Epilepsy.
(ii) Disturbance of consciousness without
satisfactory medical explanation of the cause.
(iii) A transient loss of control of
nervous system functions without satisfactory
medical explanation of the cause.
(C) A cardiovascular condition, limited to a one-
time special issuance for each diagnosis of the
following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has
required treatment.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In the
case of an individual with a cardiovascular condition, the
process for obtaining an Authorization for Special Issuance of
a Medical Certificate shall be satisfied with the successful
completion of an appropriate clinical evaluation without a
mandatory wait period.
(3) Special rule for mental health conditions.--
(A) In general.--In the case of an individual with
a clinically diagnosed mental health condition, the
third-class medical certificate exemption under
subsection (a) shall not apply if--
(i) in the judgment of the individual's
State-licensed medical specialist, the
condition--
(I) renders the individual unable
to safely perform the duties or
exercise the airman privileges
described in subsection (a)(8); or
(II) may reasonably be expected to
make the individual unable to perform
the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is
revoked by the issuing agency as a result of a
clinically diagnosed mental health condition.
(B) Certification.--Subject to subparagraph (A), an
individual clinically diagnosed with a mental health
condition shall certify every 2 years, in conjunction
with the certification under subsection (c)(10)(C),
that the individual is under the care of a State-
licensed medical specialist for that mental health
condition.
(4) Special rule for neurological conditions.--
(A) In general.--In the case of an individual with
a clinically diagnosed neurological condition, the
third-class medical certificate exemption under
subsection (a) shall not apply if--
(i) in the judgment of the individual's
State-licensed medical specialist, the
condition--
(I) renders the individual unable
to safely perform the duties or
exercise the airman privileges
described in subsection (a)(8); or
(II) may reasonably be expected to
make the individual unable to perform
the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is
revoked by the issuing agency as a result of a
clinically diagnosed neurological condition.
(B) Certification.--Subject to subparagraph (A), an
individual clinically diagnosed with a neurological
condition shall certify every 2 years, in conjunction
with the certification under subsection (c)(10)(C),
that the individual is under the care of a State-
licensed medical specialist for that neurological
condition.
(f) Identification of Additional Medical Conditions for CACI
Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review and
identify additional medical conditions that could be added to
the program known as the Conditions AMEs Can Issue (CACI)
program.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report listing the
medical conditions that have been added to the CACI program
under paragraph (1).
(g) Expedited Authorization for Special Issuance of a Medical
Certificate.--
(1) In general.--The Administrator shall implement
procedures to expedite the process for obtaining an
Authorization for Special Issuance of a Medical Certificate
under section 67.401 of title 14, Code of Federal Regulations.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing how the
procedures implemented under paragraph (1) will streamline the
process for obtaining an Authorization for Special Issuance of
a Medical Certificate and reduce the amount of time needed to
review and decide special issuance cases.
(h) Report Required.--Not later than 5 years after the date of
enactment of this Act, the Administrator, in coordination with the
National Transportation Safety Board, shall submit to the appropriate
committees of Congress a report that describes the effect of the
regulations issued or revised under subsection (a) and includes
statistics with respect to changes in small aircraft activity and
safety incidents.
(i) Prohibition on Enforcement Actions.--Beginning on the date that
is 1 year after the date of enactment of this Act, the Administrator
may not take an enforcement action for not holding a valid third-class
medical certificate against a pilot of a covered aircraft for a flight
if the pilot and the flight meet, through a good faith effort, the
applicable requirements under subsection (a), except paragraph (5) of
that subsection, unless the Administrator has published final
regulations in the Federal Register under that subsection.
(j) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means an aircraft that--
(1) is authorized under Federal law to carry not more than
6 occupants; and
(2) has a maximum certificated takeoff weight of not more
than 6,000 pounds.
(k) Operations Covered.--The provisions and requirements covered in
this section do not apply to pilots who elect to operate under the
medical requirements under subsection (b) or subsection (c) of section
61.23 of title 14, Code of Federal Regulations.
(l) Authority To Require Additional Information.--
(1) In general.--If the Administrator receives credible or
urgent information, including from the National Driver Register
or the Administrator's Safety Hotline, that reflects on an
individual's ability to safely operate a covered aircraft under
the third-class medical certificate exemption in subsection
(a), the Administrator may require the individual to provide
additional information or history so that the Administrator may
determine whether the individual is safe to continue operating
a covered aircraft.
(2) Use of information.--The Administrator may use credible
or urgent information received under paragraph (1) to request
an individual to provide additional information or to take
actions under section 44709(b) of title 49, United States Code.
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 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.
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
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--
(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: ``An Act to amend title
49, United States Code, to extend authorizations for the
airport improvement program, to amend the Internal Revenue Code
of 1986 to extend the funding and expenditure authority of the
Airport and Airway Trust Fund, and for other purposes.''.
Attest:
Clerk.
114th CONGRESS
2d Session
H.R. 636
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HOUSE AMENDMENTS TO SENATE AMENDMENTS