[Congressional Record Volume 162, Number 111 (Monday, July 11, 2016)]
[House]
[Pages H4624-H4641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            FAA EXTENSION, SAFETY, AND SECURITY ACT OF 2016

  Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 818) providing for the concurrence by the House 
in the Senate amendments to H.R. 636, with amendments.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 818

       Resolved, That upon the adoption of this resolution the 
     House shall be considered to have taken from the Speaker's 
     table the bill, H.R. 636, with the Senate amendments thereto, 
     and to have concurred in the Senate amendments with the 
     following amendments:
       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate to the text of the bill, insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                         TITLE I--FAA EXTENSION

                Subtitle A--Airport and Airway Programs

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

                     Subtitle B--Revenue Provisions

Sec. 1201. Expenditure authority from Airport and Airway Trust Fund.

[[Page H4625]]

Sec. 1202. Extension of taxes funding Airport and Airway Trust Fund.

               TITLE II--AVIATION SAFETY CRITICAL REFORMS

                           Subtitle A--Safety

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

                         Subtitle B--UAS Safety

Sec. 2201. Definitions.
Sec. 2202. Identification standards.
Sec. 2203. Safety statements.
Sec. 2204. Facilitating interagency cooperation for unmanned aircraft 
              authorization in support of firefighting operations and 
              utility restoration.
Sec. 2205. Interference with wildfire suppression, law enforcement, or 
              emergency response effort by operation of unmanned 
              aircraft.
Sec. 2206. Pilot project for airport safety and airspace hazard 
              mitigation.
Sec. 2207. Emergency exemption process.
Sec. 2208. Unmanned aircraft systems traffic management.
Sec. 2209. Applications for designation.
Sec. 2210. Operations associated with critical infrastructure.
Sec. 2211. Unmanned aircraft systems research and development roadmap.
Sec. 2212. Unmanned aircraft systems-manned aircraft collision 
              research.
Sec. 2213. Probabilistic metrics research and development study.

              Subtitle C--Time Sensitive Aviation Reforms

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

                      TITLE III--AVIATION SECURITY

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

                   Subtitle A--TSA PreCheck Expansion

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

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

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

           Subtitle C--Checkpoint Optimization and Efficiency

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

        Subtitle D--Aviation Security Enhancement and Oversight

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

                 Subtitle E--Checkpoints of the Future

Sec. 3501. Checkpoints of the future.
Sec. 3502. Pilot program for increased efficiency and security at 
              Category X airports.
Sec. 3503. Pilot program for the development and testing of prototypes 
              for airport security systems.
Sec. 3504. Report required.
Sec. 3505. Funding.
Sec. 3506. Acceptance and provision of resources by the Transportation 
              Security Administration.

                  Subtitle F--Miscellaneous Provisions

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

     SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

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

                         TITLE I--FAA EXTENSION

                Subtitle A--Airport and Airway Programs

     SEC. 1101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

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

     SEC. 1102. EXTENSION OF EXPIRING AUTHORITIES.

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

     SEC. 1103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

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

     SEC. 1104. AIR NAVIGATION FACILITIES AND EQUIPMENT.

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

     SEC. 1105. RESEARCH, ENGINEERING, AND DEVELOPMENT.

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

     SEC. 1106. FUNDING FOR AVIATION PROGRAMS.

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

     SEC. 1107. ESSENTIAL AIR SERVICE.

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

[[Page H4626]]

  


                     Subtitle B--Revenue Provisions

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

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

     SEC. 1202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY 
                   TRUST FUND.

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

               TITLE II--AVIATION SAFETY CRITICAL REFORMS

                           Subtitle A--Safety

     SEC. 2101. PILOT RECORDS DATABASE DEADLINE.

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

     SEC. 2102. COCKPIT AUTOMATION MANAGEMENT.

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

     SEC. 2103. ENHANCED MENTAL HEALTH SCREENING FOR PILOTS.

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

     SEC. 2104. LASER POINTER INCIDENTS.

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

     SEC. 2105. CRASH-RESISTANT FUEL SYSTEMS.

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

     SEC. 2106. HIRING OF AIR TRAFFIC CONTROLLERS.

       (a) In General.--Section 44506 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(f) Hiring of Certain Air Traffic Control Specialists.--
       ``(1) Consideration of applicants.--
       ``(A) Ensuring selection of most qualified applicants.--In 
     appointing individuals to the position of air traffic 
     controller, the Administrator shall give preferential 
     consideration to qualified individuals maintaining 52 
     consecutive weeks of air traffic control experience involving 
     the full-time active separation of air traffic after receipt 
     of an air traffic certification or air traffic control 
     facility rating within 5 years of application while serving 
     at--
       ``(i) a Federal Aviation Administration air traffic control 
     facility;
       ``(ii) a civilian or military air traffic control facility 
     of the Department of Defense; or
       ``(iii) a tower operating under contract with the Federal 
     Aviation Administration under section 47124.
       ``(B) Consideration of additional applicants.--
       ``(i) In general.--After giving preferential consideration 
     to applicants under subparagraph (A), the Administrator shall 
     consider additional applicants for the position of air 
     traffic controller by referring an approximately equal number 
     of individuals for appointment among the 2 applicant pools 
     described in this subparagraph. The number of individuals 
     referred for consideration from each group shall not differ 
     by more than 10 percent.
       ``(ii) Pool 1.--Pool 1 applicants are individuals who--

       ``(I) have successfully completed air traffic controller 
     training and graduated from an institution participating in 
     the Collegiate Training Initiative program maintained under 
     subsection (c)(1) and who have received from the 
     institution--

       ``(aa) an appropriate recommendation; or
       ``(bb) an endorsement certifying that the individual would 
     have met the requirements in effect as of December 31, 2013, 
     for an appropriate recommendation;

       ``(II) are eligible for a veterans recruitment appointment 
     pursuant to section 4214 of title 38 and provide a 
     Certificate of Release or Discharge from Active Duty within 
     120 days of the announcement closing;
       ``(III) are eligible veterans (as defined in section 4211 
     of title 38) maintaining aviation experience obtained in the 
     course of the individual's military experience; or
       ``(IV) are preference eligible veterans (as defined in 
     section 2108 of title 5).

       ``(iii) Pool 2.--Pool 2 applicants are individuals who 
     apply under a vacancy announcement recruiting from all United 
     States citizens.
       ``(2) Use of biographical assessments.--
       ``(A) Biographical assessments.--The Administrator shall 
     not use any biographical assessment when hiring under 
     paragraph (1)(A) or paragraph (1)(B)(ii).
       ``(B) Reconsideration of applicants disqualified on basis 
     of biographical assessments.--
       ``(i) In general.--If an individual described in paragraph 
     (1)(A) or paragraph (1)(B)(ii), who applied for the position 
     of air traffic controller with the Administration in response 
     to Vacancy Announcement FAA-AMC-14-ALLSRCE-33537 (issued on 
     February 10, 2014), was disqualified from the position as the 
     result of a biographical assessment, the Administrator shall 
     provide the applicant an opportunity to reapply for the 
     position as soon as practicable under the revised hiring 
     practices.
       ``(ii) Waiver of age restriction.--The Administrator shall 
     waive any maximum age restriction for the position of air 
     traffic controller with the Administration that would 
     otherwise disqualify an individual from the position if the 
     individual--

       ``(I) is reapplying for the position pursuant to clause (i) 
     on or before December 31, 2017; and
       ``(II) met the maximum age requirement on the date of the 
     individual's previous application for the position during the 
     interim hiring process.

       ``(3) Maximum entry age for experienced controllers.--
     Notwithstanding section 3307 of title 5, the maximum limit of 
     age for an original appointment to a position as an air 
     traffic controller shall be 35 years of age for those 
     maintaining 52 weeks of air traffic control experience 
     involving the full-time active separation of air traffic 
     after receipt of an air traffic certification or air traffic 
     control facility rating in a civilian or military air traffic 
     control facility.''.
       (b) Notification of Vacancies.--The Administrator of the 
     Federal Aviation Administration shall consider directly 
     notifying secondary schools and institutions of higher 
     learning, including Historically Black Colleges and 
     Universities, Hispanic-serving institutions, Minority 
     Institutions, and Tribal Colleges and Universities, of a 
     vacancy announcement under section 44506(f)(1)(B)(iii) of 
     title 49, United States Code.

     SEC. 2107. TRAINING POLICIES REGARDING ASSISTANCE FOR PERSONS 
                   WITH DISABILITIES.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report assessing required 
     air carrier personnel and contractor

[[Page H4627]]

     training programs regarding the assistance of persons with 
     disabilities, including--
       (1) variations in training programs between air carriers;
       (2) instances since 2005 where the Department of 
     Transportation has requested that an air carrier take 
     corrective action following a review of the air carrier's 
     training programs; and
       (3) actions taken by air carriers following requests 
     described in paragraph (2).
       (b) Best Practices.--After the date the report is submitted 
     under subsection (a), the Secretary of Transportation, based 
     on the findings of the report, shall develop, make publicly 
     available, and appropriately disseminate to air carriers such 
     best practices as the Secretary considers necessary to 
     improve the reviewed training programs.

     SEC. 2108. AIR TRAVEL ACCESSIBILITY.

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

     SEC. 2109. ADDITIONAL CERTIFICATION RESOURCES.

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

     SEC. 2110. TOWER MARKING.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue regulations to require 
     the marking of covered towers.
       (b) Marking Required.--The regulations under subsection (a) 
     shall require that a covered tower be clearly marked in a 
     manner that is consistent with applicable guidance under the 
     Federal Aviation Administration Advisory Circular issued 
     December 4, 2015 (AC 70/7460-1L), or other relevant safety 
     guidance, as determined by the Administrator.
       (c) Application.--The regulations issued under subsection 
     (a) shall ensure that--
       (1) all covered towers constructed on or after the date on 
     which such regulations take effect are marked in accordance 
     with subsection (b); and
       (2) a covered tower constructed before the date on which 
     such regulations take effect is marked in accordance with 
     subsection (b) not later than 1 year after such effective 
     date.
       (d) Definitions.--
       (1) In general.--In this section, the following definitions 
     apply:
       (A) Covered tower.--
       (i) In general.--The term ``covered tower'' means a 
     structure that--

       (I) is self-standing or supported by guy wires and ground 
     anchors;
       (II) is 10 feet or less in diameter at the above-ground 
     base, excluding concrete footing;
       (III) at the highest point of the structure is at least 50 
     feet above ground level;
       (IV) at the highest point of the structure is not more than 
     200 feet above ground level;
       (V) has accessory facilities on which an antenna, sensor, 
     camera, meteorological instrument, or other equipment is 
     mounted; and
       (VI) is located--

       (aa) outside the boundaries of an incorporated city or 
     town; or
       (bb) on land that is--
       (AA) undeveloped; or
       (BB) used for agricultural purposes.
       (ii) Exclusions.--The term ``covered tower'' does not 
     include any structure that--

       (I) is adjacent to a house, barn, electric utility station, 
     or other building;
       (II) is within the curtilage of a farmstead;
       (III) supports electric utility transmission or 
     distribution lines;
       (IV) is a wind-powered electrical generator with a rotor 
     blade radius that exceeds 6 feet; or
       (V) is a street light erected or maintained by a Federal, 
     State, local, or tribal entity.

       (B) Undeveloped.--The term ``undeveloped'' means a defined 
     geographic area where the Administrator determines low-flying 
     aircraft are operated on a routine basis, such as low-lying 
     forested areas with predominant tree cover under 200 feet and 
     pasture and range land.
       (2) Other definitions.--The Administrator shall define such 
     other terms as may be necessary to carry out this section.
       (e) Database.--The Administrator shall--
       (1) develop a database that contains the location and 
     height of each covered tower;
       (2) keep the database current to the extent practicable;
       (3) ensure that any proprietary information in the database 
     is protected from disclosure in accordance with law; and
       (4) ensure that, by virtue of accessing the database, users 
     agree and acknowledge that information in the database--
       (A) may only be used for aviation safety purposes; and
       (B) may not be disclosed for purposes other than aviation 
     safety, regardless of whether or not the information is 
     marked or labeled as proprietary or with a similar 
     designation.

     SEC. 2111. AVIATION CYBERSECURITY.

       (a) Comprehensive and Strategic Aviation Framework.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall facilitate and support the 
     development of a comprehensive and strategic framework of 
     principles and policies to reduce cybersecurity risks to the 
     national airspace system, civil aviation, and agency 
     information systems using a total systems approach that takes 
     into consideration the interactions and interdependence of 
     different components of aircraft systems and the national 
     airspace system.
       (2) Scope.--In carrying out paragraph (1), the 
     Administrator shall--
       (A) identify and address the cybersecurity risks associated 
     with--
       (i) the modernization of the national airspace system;
       (ii) the automation of aircraft, equipment, and technology; 
     and
       (iii) aircraft systems, including by--

       (I) directing the Aircraft Systems Information Security 
     Protection Working Group--

       (aa) to assess cybersecurity risks to aircraft systems;
       (bb) to review the extent to which existing rulemaking, 
     policy, and guidance to promote safety also promote aircraft 
     systems information security protection; and
       (cc) to provide appropriate recommendations to the 
     Administrator if separate or additional rulemaking, policy, 
     or guidance is needed to address cybersecurity risks to 
     aircraft systems; and

       (II) identifying and addressing--

       (aa) cybersecurity risks associated with in-flight 
     entertainment systems; and
       (bb) whether in-flight entertainment systems can and should 
     be isolated and separate, such as through an air gap, under 
     existing rulemaking, policy, and guidance;
       (B) clarify cybersecurity roles and responsibilities of 
     offices and employees of the Federal Aviation Administration, 
     as the roles and responsibilities relate to cybersecurity at 
     the Federal Aviation Administration;
       (C) identify and implement objectives and actions to reduce 
     cybersecurity risks to air traffic control information 
     systems, including actions to improve implementation of 
     information security standards, such as those of the National 
     Institute of Standards and Technology;
       (D) support voluntary efforts by industry, RTCA, Inc., and 
     other standards-setting organizations to develop and identify 
     consensus standards and best practices relating to guidance 
     on aviation systems information security protection, 
     consistent, to the extent appropriate, with the cybersecurity 
     risk management activities described in section 2(e) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     272(e));
       (E) establish guidelines for the voluntary exchange of 
     information between and among aviation stakeholders 
     pertaining to aviation-related cybersecurity incidents, 
     threats, and vulnerabilities;
       (F) identify short- and long-term objectives and actions 
     that can be taken in response to cybersecurity risks to the 
     national airspace system; and
       (G) identify research and development activities to inform 
     actions in response to cybersecurity risks.

[[Page H4628]]

       (3) Implementation requirements.--In carrying out the 
     activities under this subsection, the Administrator shall--
       (A) coordinate with aviation stakeholders, including, at a 
     minimum, representatives of industry, airlines, 
     manufacturers, airports, RTCA, Inc., and unions;
       (B) consult with the heads of relevant agencies and with 
     international regulatory authorities;
       (C) if determined appropriate, convene an expert panel or 
     working group to identify and address cybersecurity risks; 
     and
       (D) evaluate, on a periodic basis, the effectiveness of the 
     principles established under this subsection.
       (b) Update on Cybersecurity Implementation Progress.--Not 
     later than 90 days after the date of enactment of this Act, 
     the Administrator shall provide to the appropriate committees 
     of Congress an update on progress made toward the 
     implementation of this section.
       (c) Cybersecurity Threat Model.--Not later than 1 year 
     after the date of enactment of this Act, the Administrator, 
     in consultation with the Director of the National Institute 
     of Standards and Technology, shall implement the open 
     recommendation issued in 2015 by the Government 
     Accountability Office to assess and research the potential 
     cost and timetable of developing and maintaining an 
     agencywide threat model, which shall be updated regularly, to 
     strengthen the cybersecurity of agency systems across the 
     Federal Aviation Administration. The Administrator shall 
     brief the Committee on Science, Space, and Technology and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate on the status, results, and 
     composition of the threat model.
       (d) National Institute of Standards and Technology 
     Information Security Standards.--Not later than 180 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Aviation Administration, after consultation with 
     the Director of the National Institute of Standards and 
     Technology, shall transmit to the Committee on Science, 
     Space, and Technology and the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on--
       (1) a cybersecurity standards plan to improve 
     implementation of the National Institute of Standards and 
     Technology's latest revisions to information security 
     guidance for Federal Aviation Administration information and 
     Federal Aviation Administration information systems within 
     set timeframes; and
       (2) an explanation of why any such revisions are not 
     incorporated in the plan or are not incorporated within set 
     timeframes.
       (e) Cybersecurity Research and Development.--Not later than 
     1 year after the date of enactment of this Act, the 
     Administrator, in consultation with other agencies as 
     appropriate, shall establish a cybersecurity research and 
     development plan for the national airspace system, 
     including--
       (1) any proposal for research and development cooperation 
     with international partners;
       (2) an evaluation and determination of research and 
     development needs to determine any cybersecurity risks of 
     cabin communications and cabin information technology systems 
     on board in the passenger domain; and
       (3) objectives, proposed tasks, milestones, and a 5-year 
     budgetary profile.

     SEC. 2112. REPAIR STATIONS LOCATED OUTSIDE UNITED STATES.

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

     SEC. 2113. ENHANCED TRAINING FOR FLIGHT ATTENDANTS.

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

                         Subtitle B--UAS Safety

     SEC. 2201. DEFINITIONS.

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

     SEC. 2202. IDENTIFICATION STANDARDS.

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

     SEC. 2203. SAFETY STATEMENTS.

       (a) Required Information.--Beginning on the date that is 1 
     year after the date of publication of the guidance under 
     subsection (b)(1), a manufacturer of a small unmanned 
     aircraft shall make available to the owner at the time of 
     delivery of the small unmanned aircraft the safety statement 
     described in subsection (b)(2).
       (b) Safety Statement.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue guidance for implementing 
     this section.
       (2) Requirements.--A safety statement required under 
     subsection (a) shall include--

[[Page H4629]]

       (A) information about, and sources of, laws and regulations 
     applicable to small unmanned aircraft;
       (B) recommendations for using small unmanned aircraft in a 
     manner that promotes the safety of persons and property;
       (C) the date that the safety statement was created or last 
     modified; and
       (D) language approved by the Administrator regarding the 
     following:
       (i) A person may operate the small unmanned aircraft as a 
     model aircraft (as defined in section 336 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) 
     or otherwise in accordance with Federal Aviation 
     Administration authorization or regulation, including 
     requirements for the completion of any applicable airman 
     test.
       (ii) The definition of a model aircraft under section 336 
     of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
     40101 note).
       (iii) The requirements regarding the operation of a model 
     aircraft under section 336 of the FAA Modernization and 
     Reform Act of 2012 (49 U.S.C. 40101 note).
       (iv) The Administrator may pursue enforcement action 
     against a person operating model aircraft who endangers the 
     safety of the national airspace system.
       (c) Civil Penalty.--A person who violates subsection (a) 
     shall be liable for each violation to the United States 
     Government for a civil penalty described in section 46301(a) 
     of title 49, United States Code.

     SEC. 2204. FACILITATING INTERAGENCY COOPERATION FOR UNMANNED 
                   AIRCRAFT AUTHORIZATION IN SUPPORT OF 
                   FIREFIGHTING OPERATIONS AND UTILITY 
                   RESTORATION.

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

     SEC. 2205. INTERFERENCE WITH WILDFIRE SUPPRESSION, LAW 
                   ENFORCEMENT, OR EMERGENCY RESPONSE EFFORT BY 
                   OPERATION OF UNMANNED AIRCRAFT.

       (a) In General.--Chapter 463 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 46320. Interference with wildfire suppression, law 
       enforcement, or emergency response effort by operation of 
       unmanned aircraft

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

``46320. Interference with wildfire suppression, law enforcement, or 
              emergency response effort by operation of unmanned 
              aircraft.''.

     SEC. 2206. PILOT PROJECT FOR AIRPORT SAFETY AND AIRSPACE 
                   HAZARD MITIGATION.

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

     SEC. 2207. EMERGENCY EXEMPTION PROCESS.

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

     SEC. 2208. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.

       (a) Research Plan for UTM Development and Deployment.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration (in this section referred to as the 
     ``Administrator''), in coordination with the Administrator of 
     the National Aeronautics and Space Administration, shall 
     continue development of a research plan for unmanned aircraft 
     systems traffic management (in this section referred to as 
     ``UTM'') development and deployment.
       (2) Requirements.--In developing the research plan, the 
     Administrator shall--
       (A) identify research outcomes sought; and

[[Page H4630]]

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

     SEC. 2209. APPLICATIONS FOR DESIGNATION.

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

     SEC. 2210. OPERATIONS ASSOCIATED WITH CRITICAL 
                   INFRASTRUCTURE.

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

     SEC. 2211. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOPMENT 
                   ROADMAP.

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

[[Page H4631]]

     aircraft systems into the national airspace system, including 
     decisionmaking by adaptive systems, such as sense-and-avoid 
     capabilities and cyber physical systems security.''.

     SEC. 2212. UNMANNED AIRCRAFT SYSTEMS-MANNED AIRCRAFT 
                   COLLISION RESEARCH.

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

     SEC. 2213. PROBABILISTIC METRICS RESEARCH AND DEVELOPMENT 
                   STUDY.

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

              Subtitle C--Time Sensitive Aviation Reforms

     SEC. 2301. SMALL AIRPORT RELIEF FOR SAFETY PROJECTS.

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

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

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

     SEC. 2303. WORKING GROUP ON IMPROVING AIR SERVICE TO SMALL 
                   COMMUNITIES.

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

     SEC. 2304. COMPUTATION OF BASIC ANNUITY FOR CERTAIN AIR 
                   TRAFFIC CONTROLLERS.

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

     SEC. 2305. REFUNDS FOR DELAYED BAGGAGE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue final regulations to require an air carrier or foreign 
     air carrier to promptly provide to a passenger an automated 
     refund for any ancillary fees paid by the passenger for 
     checked baggage if--
       (1) the air carrier or foreign air carrier fails to deliver 
     the checked baggage to the passenger--
       (A) not later than 12 hours after the arrival of a domestic 
     flight; or
       (B) not later than 15 hours after the arrival of an 
     international flight; and
       (2) the passenger has notified the air carrier or foreign 
     air carrier of the lost or delayed checked baggage.
       (b) Exception.--If, as part of the rulemaking, the 
     Secretary makes a determination on the record that a 
     requirement under

[[Page H4632]]

     subsection (a) is not feasible and would adversely affect 
     consumers in certain cases, the Secretary may modify 1 or 
     both of the deadlines specified in subsection (a)(1) for such 
     cases, except that--
       (1) the deadline relating to a domestic flight may not 
     exceed 18 hours after the arrival of the domestic flight; and
       (2) the deadline relating to an international flight may 
     not exceed 30 hours after the arrival of the international 
     flight.

     SEC. 2306. CONTRACT WEATHER OBSERVERS.

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

     SEC. 2307. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT 
                   PILOTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue or revise regulations to 
     ensure that an individual may operate as pilot in command of 
     a covered aircraft if--
       (1) the individual possesses a valid driver's license 
     issued by a State, territory, or possession of the United 
     States and complies with all medical requirements or 
     restrictions associated with that license;
       (2) the individual holds a medical certificate issued by 
     the Federal Aviation Administration on the date of enactment 
     of this Act, held such a certificate at any point during the 
     10-year period preceding such date of enactment, or obtains 
     such a certificate after such date of enactment;
       (3) the most recent medical certificate issued by the 
     Federal Aviation Administration to the individual--
       (A) indicates whether the certificate is first, second, or 
     third class;
       (B) may include authorization for special issuance;
       (C) may be expired;
       (D) cannot have been revoked or suspended; and
       (E) cannot have been withdrawn;
       (4) the most recent application for airman medical 
     certification submitted to the Federal Aviation 
     Administration by the individual cannot have been completed 
     and denied;
       (5) the individual has completed a medical education course 
     described in subsection (c) during the 24 calendar months 
     before acting as pilot in command of a covered aircraft and 
     demonstrates proof of completion of the course;
       (6) the individual, when serving as a pilot in command, is 
     under the care and treatment of a physician if the individual 
     has been diagnosed with any medical condition that may impact 
     the ability of the individual to fly;
       (7) the individual has received a comprehensive medical 
     examination from a State-licensed physician during the 
     previous 48 months and--
       (A) prior to the examination, the individual--
       (i) completed the individual's section of the checklist 
     described in subsection (b); and
       (ii) provided the completed checklist to the physician 
     performing the examination; and
       (B) the physician conducted the comprehensive medical 
     examination in accordance with the checklist described in 
     subsection (b), checking each item specified during the 
     examination and addressing, as medically appropriate, every 
     medical condition listed, and any medications the individual 
     is taking; and
       (8) the individual is operating in accordance with the 
     following conditions:
       (A) The covered aircraft is carrying not more than 5 
     passengers.
       (B) The individual is operating the covered aircraft under 
     visual flight rules or instrument flight rules.
       (C) The flight, including each portion of that flight, is 
     not carried out--
       (i) for compensation or hire, including that no passenger 
     or property on the flight is being carried for compensation 
     or hire;
       (ii) at an altitude that is more than 18,000 feet above 
     mean sea level;
       (iii) outside the United States, unless authorized by the 
     country in which the flight is conducted; or
       (iv) at an indicated air speed exceeding 250 knots.
       (b) Comprehensive Medical Examination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall develop a 
     checklist for an individual to complete and provide to the 
     physician performing the comprehensive medical examination 
     required in subsection (a)(7).
       (2) Requirements.--The checklist shall contain--
       (A) a section, for the individual to complete that 
     contains--
       (i) boxes 3 through 13 and boxes 16 through 19 of the 
     Federal Aviation Administration Form 8500-8 (3-99); and
       (ii) a signature line for the individual to affirm that--

       (I) the answers provided by the individual on that 
     checklist, including the individual's answers regarding 
     medical history, are true and complete;
       (II) the individual understands that he or she is 
     prohibited under Federal Aviation Administration regulations 
     from acting as pilot in command, or any other capacity as a 
     required flight crew member, if he or she knows or has reason 
     to know of any medical deficiency or medically disqualifying 
     condition that would make the individual unable to operate 
     the aircraft in a safe manner; and
       (III) the individual is aware of the regulations pertaining 
     to the prohibition on operations during medical deficiency 
     and has no medically disqualifying conditions in accordance 
     with applicable law;

       (B) a section with instructions for the individual to 
     provide the completed checklist to the physician performing 
     the comprehensive medical examination required in subsection 
     (a)(7); and
       (C) a section, for the physician to complete, that 
     instructs the physician--
       (i) to perform a clinical examination of--

       (I) head, face, neck, and scalp;
       (II) nose, sinuses, mouth, and throat;
       (III) ears, general (internal and external canals), and 
     eardrums (perforation);
       (IV) eyes (general), ophthalmoscopic, pupils (equality and 
     reaction), and ocular motility (associated parallel movement, 
     nystagmus);
       (V) lungs and chest (not including breast examination);
       (VI) heart (precordial activity, rhythm, sounds, and 
     murmurs);
       (VII) vascular system (pulse, amplitude, and character, and 
     arms, legs, and others);
       (VIII) abdomen and viscera (including hernia);
       (IX) anus (not including digital examination);
       (X) skin;
       (XI) G-U system (not including pelvic examination);
       (XII) upper and lower extremities (strength and range of 
     motion);
       (XIII) spine and other musculoskeletal;
       (XIV) identifying body marks, scars, and tattoos (size and 
     location);
       (XV) lymphatics;
       (XVI) neurologic (tendon reflexes, equilibrium, senses, 
     cranial nerves, and coordination, etc.);
       (XVII) psychiatric (appearance, behavior, mood, 
     communication, and memory);
       (XVIII) general systemic;
       (XIX) hearing;
       (XX) vision (distant, near, and intermediate vision, field 
     of vision, color vision, and ocular alignment);
       (XXI) blood pressure and pulse; and
       (XXII) anything else the physician, in his or her medical 
     judgment, considers necessary;

       (ii) to exercise medical discretion to address, as 
     medically appropriate, any medical conditions identified, and 
     to exercise medical discretion in determining whether any 
     medical tests are warranted as part of the comprehensive 
     medical examination;
       (iii) to discuss all drugs the individual reports taking 
     (prescription and nonprescription) and their potential to 
     interfere with the safe operation of an aircraft or motor 
     vehicle;
       (iv) to sign the checklist, stating: ``I certify that I 
     discussed all items on this checklist with the individual 
     during my examination, discussed any medications the 
     individual is taking that could interfere with their ability 
     to safely operate an aircraft or motor vehicle, and performed 
     an examination that included all of the items on this 
     checklist. I certify that I am not aware of any medical 
     condition that, as presently treated, could interfere with 
     the individual's ability to safely operate an aircraft.''; 
     and
       (v) to provide the date the comprehensive medical 
     examination was completed, and the physician's full name, 
     address, telephone number, and State medical license number.
       (3) Logbook.--The completed checklist shall be retained in 
     the individual's logbook and made available on request.
       (c) Medical Education Course Requirements.--The medical 
     education course described in this subsection shall--
       (1) be available on the Internet free of charge;
       (2) be developed and periodically updated in coordination 
     with representatives of relevant nonprofit and not-for-profit 
     general aviation stakeholder groups;
       (3) educate pilots on conducting medical self-assessments;
       (4) advise pilots on identifying warning signs of potential 
     serious medical conditions;
       (5) identify risk mitigation strategies for medical 
     conditions;

[[Page H4633]]

       (6) increase awareness of the impacts of potentially 
     impairing over-the-counter and prescription drug medications;
       (7) encourage regular medical examinations and 
     consultations with primary care physicians;
       (8) inform pilots of the regulations pertaining to the 
     prohibition on operations during medical deficiency and 
     medically disqualifying conditions;
       (9) provide the checklist developed by the Federal Aviation 
     Administration in accordance with subsection (b); and
       (10) upon successful completion of the course, 
     electronically provide to the individual and transmit to the 
     Federal Aviation Administration--
       (A) a certification of completion of the medical education 
     course, which shall be printed and retained in the 
     individual's logbook and made available upon request, and 
     shall contain the individual's name, address, and airman 
     certificate number;
       (B) subject to subsection (d), a release authorizing the 
     National Driver Register through a designated State 
     Department of Motor Vehicles to furnish to the Federal 
     Aviation Administration information pertaining to the 
     individual's driving record;
       (C) a certification by the individual that the individual 
     is under the care and treatment of a physician if the 
     individual has been diagnosed with any medical condition that 
     may impact the ability of the individual to fly, as required 
     under subsection (a)(6);
       (D) a form that includes--
       (i) the name, address, telephone number, and airman 
     certificate number of the individual;
       (ii) the name, address, telephone number, and State medical 
     license number of the physician performing the comprehensive 
     medical examination required in subsection (a)(7);
       (iii) the date of the comprehensive medical examination 
     required in subsection (a)(7); and
       (iv) a certification by the individual that the checklist 
     described in subsection (b) was followed and signed by the 
     physician in the comprehensive medical examination required 
     in subsection (a)(7); and
       (E) a statement, which shall be printed, and signed by the 
     individual certifying that the individual understands the 
     existing prohibition on operations during medical deficiency 
     by stating: ``I understand that I cannot act as pilot in 
     command, or any other capacity as a required flight crew 
     member, if I know or have reason to know of any medical 
     condition that would make me unable to operate the aircraft 
     in a safe manner.''.
       (d) National Driver Register.--The authorization under 
     subsection (c)(10)(B) shall be an authorization for a single 
     access to the information contained in the National Driver 
     Register.
       (e) Special Issuance Process.--
       (1) In general.--An individual who has qualified for the 
     third-class medical certificate exemption under subsection 
     (a) and is seeking to serve as a pilot in command of a 
     covered aircraft shall be required to have completed the 
     process for obtaining an Authorization for Special Issuance 
     of a Medical Certificate for each of the following:
       (A) A mental health disorder, limited to an established 
     medical history or clinical diagnosis of--
       (i) personality disorder that is severe enough to have 
     repeatedly manifested itself by overt acts;
       (ii) psychosis, defined as a case in which an individual--

       (I) has manifested delusions, hallucinations, grossly 
     bizarre or disorganized behavior, or other commonly accepted 
     symptoms of psychosis; or
       (II) may reasonably be expected to manifest delusions, 
     hallucinations, grossly bizarre or disorganized behavior, or 
     other commonly accepted symptoms of psychosis;

       (iii) bipolar disorder; or
       (iv) substance dependence within the previous 2 years, as 
     defined in section 67.307(a)(4) of title 14, Code of Federal 
     Regulations.
       (B) A neurological disorder, limited to an established 
     medical history or clinical diagnosis of any of the 
     following:
       (i) Epilepsy.
       (ii) Disturbance of consciousness without satisfactory 
     medical explanation of the cause.
       (iii) A transient loss of control of nervous system 
     functions without satisfactory medical explanation of the 
     cause.
       (C) A cardiovascular condition, limited to a one-time 
     special issuance for each diagnosis of the following:
       (i) Myocardial infraction.
       (ii) Coronary heart disease that has required treatment.
       (iii) Cardiac valve replacement.
       (iv) Heart replacement.
       (2) Special rule for cardiovascular conditions.--In the 
     case of an individual with a cardiovascular condition, the 
     process for obtaining an Authorization for Special Issuance 
     of a Medical Certificate shall be satisfied with the 
     successful completion of an appropriate clinical evaluation 
     without a mandatory wait period.
       (3) Special rule for mental health conditions.--
       (A) In general.--In the case of an individual with a 
     clinically diagnosed mental health condition, the third-class 
     medical certificate exemption under subsection (a) shall not 
     apply if--
       (i) in the judgment of the individual's State-licensed 
     medical specialist, the condition--

       (I) renders the individual unable to safely perform the 
     duties or exercise the airman privileges described in 
     subsection (a)(8); or
       (II) may reasonably be expected to make the individual 
     unable to perform the duties or exercise the privileges 
     described in subsection (a)(8); or

       (ii) the individual's driver's license is revoked by the 
     issuing agency as a result of a clinically diagnosed mental 
     health condition.
       (B) Certification.--Subject to subparagraph (A), an 
     individual clinically diagnosed with a mental health 
     condition shall certify every 2 years, in conjunction with 
     the certification under subsection (c)(10)(C), that the 
     individual is under the care of a State-licensed medical 
     specialist for that mental health condition.
       (4) Special rule for neurological conditions.--
       (A) In general.--In the case of an individual with a 
     clinically diagnosed neurological condition, the third-class 
     medical certificate exemption under subsection (a) shall not 
     apply if--
       (i) in the judgment of the individual's State-licensed 
     medical specialist, the condition--

       (I) renders the individual unable to safely perform the 
     duties or exercise the airman privileges described in 
     subsection (a)(8); or
       (II) may reasonably be expected to make the individual 
     unable to perform the duties or exercise the privileges 
     described in subsection (a)(8); or

       (ii) the individual's driver's license is revoked by the 
     issuing agency as a result of a clinically diagnosed 
     neurological condition.
       (B) Certification.--Subject to subparagraph (A), an 
     individual clinically diagnosed with a neurological condition 
     shall certify every 2 years, in conjunction with the 
     certification under subsection (c)(10)(C), that the 
     individual is under the care of a State-licensed medical 
     specialist for that neurological condition.
       (f) Identification of Additional Medical Conditions for 
     CACI Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall review and 
     identify additional medical conditions that could be added to 
     the program known as the Conditions AMEs Can Issue (CACI) 
     program.
       (2) Consultations.--In carrying out paragraph (1), the 
     Administrator shall consult with aviation, medical, and union 
     stakeholders.
       (3) Report required.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the appropriate committees of Congress a report listing 
     the medical conditions that have been added to the CACI 
     program under paragraph (1).
       (g) Expedited Authorization for Special Issuance of a 
     Medical Certificate.--
       (1) In general.--The Administrator shall implement 
     procedures to expedite the process for obtaining an 
     Authorization for Special Issuance of a Medical Certificate 
     under section 67.401 of title 14, Code of Federal 
     Regulations.
       (2) Consultations.--In carrying out paragraph (1), the 
     Administrator shall consult with aviation, medical, and union 
     stakeholders.
       (3) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Administrator shall submit to 
     the appropriate committees of Congress a report describing 
     how the procedures implemented under paragraph (1) will 
     streamline the process for obtaining an Authorization for 
     Special Issuance of a Medical Certificate and reduce the 
     amount of time needed to review and decide special issuance 
     cases.
       (h) Report Required.--Not later than 5 years after the date 
     of enactment of this Act, the Administrator, in coordination 
     with the National Transportation Safety Board, shall submit 
     to the appropriate committees of Congress a report that 
     describes the effect of the regulations issued or revised 
     under subsection (a) and includes statistics with respect to 
     changes in small aircraft activity and safety incidents.
       (i) Prohibition on Enforcement Actions.--Beginning on the 
     date that is 1 year after the date of enactment of this Act, 
     the Administrator may not take an enforcement action for not 
     holding a valid third-class medical certificate against a 
     pilot of a covered aircraft for a flight if the pilot and the 
     flight meet, through a good faith effort, the applicable 
     requirements under subsection (a), except paragraph (5) of 
     that subsection, unless the Administrator has published final 
     regulations in the Federal Register under that subsection.
       (j) Covered Aircraft Defined.--In this section, the term 
     ``covered aircraft'' means an aircraft that--
       (1) is authorized under Federal law to carry not more than 
     6 occupants; and
       (2) has a maximum certificated takeoff weight of not more 
     than 6,000 pounds.
       (k) Operations Covered.--The provisions and requirements 
     covered in this section do not apply to pilots who elect to 
     operate under the medical requirements under subsection (b) 
     or subsection (c) of section 61.23 of title 14, Code of 
     Federal Regulations.
       (l) Authority To Require Additional Information.--
       (1) In general.--If the Administrator receives credible or 
     urgent information, including from the National Driver 
     Register or the Administrator's Safety Hotline, that reflects 
     on an individual's ability to safely operate a covered 
     aircraft under the third-class

[[Page H4634]]

     medical certificate exemption in subsection (a), the 
     Administrator may require the individual to provide 
     additional information or history so that the Administrator 
     may determine whether the individual is safe to continue 
     operating a covered aircraft.
       (2) Use of information.--The Administrator may use credible 
     or urgent information received under paragraph (1) to request 
     an individual to provide additional information or to take 
     actions under section 44709(b) of title 49, United States 
     Code.

     SEC. 2308. TARMAC DELAYS.

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

     SEC. 2309. FAMILY SEATING.

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

                      TITLE III--AVIATION SECURITY

     SEC. 3001. SHORT TITLE.

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

     SEC. 3002. DEFINITIONS.

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

                   Subtitle A--TSA PreCheck Expansion

     SEC. 3101. PRECHECK PROGRAM AUTHORIZATION.

       The Administrator shall continue to administer the PreCheck 
     Program.

     SEC. 3102. PRECHECK PROGRAM ENROLLMENT EXPANSION.

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

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

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

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall conduct a 
     comprehensive security risk assessment of all last point

[[Page H4635]]

     of departure airports with nonstop flights to the United 
     States.
       (b) Contents.--The security risk assessment required under 
     subsection (a) shall include consideration of the following:
       (1) The level of coordination and cooperation between the 
     TSA and the foreign government of the country in which the 
     last point of departure airport with nonstop flights to the 
     United States is located.
       (2) The intelligence and threat mitigation capabilities of 
     the country in which such airport is located.
       (3) The number of known or suspected terrorists annually 
     transiting through such airport.
       (4) The degree to which the foreign government of the 
     country in which such airport is located mandates, 
     encourages, or prohibits the collection, analysis, and 
     sharing of passenger name records.
       (5) The passenger security screening practices, 
     capabilities, and capacity of such airport.
       (6) The security vetting undergone by aviation workers at 
     such airport.
       (7) The access controls utilized by such airport to limit 
     to authorized personnel access to secure and sterile areas of 
     such airports.

     SEC. 3202. SECURITY COORDINATION ENHANCEMENT PLAN.

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

     SEC. 3203. WORKFORCE ASSESSMENT.

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

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

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

     SEC. 3205. NATIONAL CARGO SECURITY PROGRAM.

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

     SEC. 3206. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.

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

           Subtitle C--Checkpoint Optimization and Efficiency

     SEC. 3301. SENSE OF CONGRESS.

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

     SEC. 3302. ENHANCED STAFFING ALLOCATION MODEL.

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

     SEC. 3303. EFFECTIVE UTILIZATION OF STAFFING RESOURCES.

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

[[Page H4636]]

  


     SEC. 3304. TSA STAFFING AND RESOURCE ALLOCATION.

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

     SEC. 3305. AVIATION SECURITY STAKEHOLDERS DEFINED.

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

     SEC. 3306. RULE OF CONSTRUCTION.

       Nothing in this subtitle may be construed as authorizing or 
     directing the Administrator to prioritize reducing wait times 
     over security effectiveness.

        Subtitle D--Aviation Security Enhancement and Oversight

     SEC. 3401. DEFINITIONS.

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

     SEC. 3402. THREAT ASSESSMENT.

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

     SEC. 3403. OVERSIGHT.

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

     SEC. 3404. CREDENTIALS.

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

     SEC. 3405. VETTING.

       (a) Eligibility Requirements.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and subject to public notice and 
     comment, the Administrator shall revise the regulations 
     issued under section 44936 of title 49, United States Code, 
     in accordance with this section and current knowledge of 
     insider threats and intelligence under section 3502, to 
     enhance the eligibility requirements and disqualifying 
     criminal offenses for individuals seeking or having 
     unescorted access to any SIDA of an airport.
       (2) Disqualifying criminal offenses.--In revising the 
     regulations under paragraph (1), the Administrator shall 
     consider adding to the list of disqualifying criminal 
     offenses

[[Page H4637]]

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

     SEC. 3406. METRICS.

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

     SEC. 3407. INSPECTIONS AND ASSESSMENTS.

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

     SEC. 3408. COVERT TESTING.

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

     SEC. 3409. SECURITY DIRECTIVES.

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

     SEC. 3410. IMPLEMENTATION REPORT.

       Not later than one year after the date of the enactment of 
     this Act, the Comptroller General of the United States 
     shall--

[[Page H4638]]

       (1) assess the progress made by the TSA and the effect on 
     aviation security of implementing the requirements under 
     sections 3402 through 3409 of this subtitle; and
       (2) report to the appropriate congressional committees on 
     the results of the assessment under paragraph (1), including 
     any recommendations.

     SEC. 3411. MISCELLANEOUS AMENDMENTS.

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

                 Subtitle E--Checkpoints of the Future

     SEC. 3501. CHECKPOINTS OF THE FUTURE.

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

     SEC. 3502. PILOT PROGRAM FOR INCREASED EFFICIENCY AND 
                   SECURITY AT CATEGORY X AIRPORTS.

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

     SEC. 3503. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF 
                   PROTOTYPES FOR AIRPORT SECURITY SYSTEMS.

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

     SEC. 3504. REPORT REQUIRED.

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

     SEC. 3505. FUNDING.

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

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

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

                  Subtitle F--Miscellaneous Provisions

     SEC. 3601. VISIBLE DETERRENT.

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

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

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

     SEC. 3603. ASSISTANCE TO AIRPORTS AND SURFACE TRANSPORTATION 
                   SYSTEMS.

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

         In lieu of the amendment of the Senate to the title of 
     the bill, amend the title so as to read: ``To amend title 49, 
     United States Code, to extend authorizations for the airport 
     improvement program, to amend the Internal Revenue Code of 
     1986 to extend the funding and expenditure authority of the 
     Airport and Airway Trust Fund, and for other purposes.''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Shuster) and the gentleman from Oregon (Mr. DeFazio) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
include any extraneous material on H. Res. 818.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H. Res. 818, the FAA Extension, Safety, 
and Security Act of 2016.
  First and foremost, this is a bipartisan, bicameral, long-term 
extension of the Federal Aviation Administration's authorities and 
funding through the end of fiscal year 2017.
  This extension provides stability to our aviation system over the 
next 14 months while Congress refocuses on a full FAA reauthorization. 
Without this extension, the FAA programs will face a shutdown next 
week, thousands of FAA employees could be furloughed, airport projects 
across the country will come to a halt, and about $40 million a day in 
aviation trust fund revenue will

[[Page H4639]]

go uncollected. That is funding for air traffic control, airport 
development, and other safety and modernization programs that will 
never be recovered.
  This extension also includes limited, but critical and time-sensitive 
provisions to improve aviation safety and security. Some of the 
provisions address safety critical issues raised by aviation tragedies, 
including the Germanwings, Asiana, and Colgan Air accidents.
  Other safety critical issues addressed include protecting low-flying 
GA pilots from unmarked towers, reevaluating crash standards for 
helicopter fuel systems, improving the air traffic control hiring 
process and ensuring the FAA better addresses chronic controller 
shortages, and training flight attendants to recognize and respond to 
human trafficking.
  Given the growing demand for drones and the ongoing need to address 
their safe operation, this legislation includes provisions to manage 
the safe integration of drones.
  In response to safety concerns related to potential cybersecurity 
risks, the extension requires the FAA to develop a comprehensive 
cybersecurity plan. In addition to critical safety needs, this 
extension also addresses the security of our aviation system.
  As the recent bombings in Brussels and Istanbul have reminded us, 
aviation remains a prominent target for terrorists.
  The House already passed almost a dozen bills this Congress related 
to transportation security, and this extension includes much of that 
language.
  Again, this is a bipartisan, bicameral extension with limited, but 
critical and time-sensitive safety and security reforms.
  I thank Ranking Member DeFazio for his partnership in negotiations 
with the Senate. I also thank Chairman Thune and Ranking Member Nelson 
of the Senate Committee on Commerce, Science, and Transportation for 
their help in drafting this extension.

                              {time}  1915

  I want to thank Chairman McCaul and Ranking Member Thompson of the 
Committee on Homeland Security for their efforts in putting together a 
robust security title.
  I also want to thank Committee on Ways and Means Chairman Brady and 
Ranking Member Levin; Committee on Science, Space, and Technology 
Chairman Smith and Ranking Member Johnson for their work on this 
resolution.
  In addition, the gentleman from New Jersey (Mr. LoBiondo), the 
chairman of the subcommittee, and the gentleman from Washington (Mr. 
Larsen), the ranking member of the subcommittee, added critical and 
important provisions into this extension.
  Passage of this extension will provide more than a year's worth of 
certainty and stability to the FAA, the aviation community, and the 
flying public. During this time, we will continue to develop a long-
term FAA bill.
  Mr. Speaker, I urge all my colleagues to support H.R. 818.
  I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  This gives us 14\1/2\ months of certainty for critical programs with 
the FAA. It is a bipartisan product. I would rather that we had been 
doing a long-term authorization, more substantial policy, but this is 
an acceptable resolution.
  The safety title gives the FAA authority to more rigorously go after 
people who use laser pointers, idiots who use laser pointers, 
potentially causing catastrophic accidents and high damage; to go after 
people who are interfering in stopping firefighting efforts with 
drones; shore up cybersecurity for safety critical aviation 
infrastructure.
  The FAA, something I have been pursuing for years, will step up its 
oversight of overseas aircraft repair and overhaul facilities, where 
more and more work is being done, where they do not live up to U.S. 
standards. Some of the people at the FAA had come up with a brilliant 
new idea which was disqualifying people eminently qualified and already 
working as air traffic controllers from becoming air traffic 
controllers. We fix that problem. We balance the need for integration 
of drones with the need to protect the general public and the national 
airspace and a number of other critical provisions.
  With that, I recommend my colleagues support the legislation.
  I reserve the balance of my time.
  Mr. SHUSTER. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New Jersey (Mr. LoBiondo), the chairman of the 
Subcommittee on Aviation.
  Mr. LoBIONDO. Mr. Speaker, I would like to thank Chairman Shuster, 
Mr. DeFazio, Mr. Larsen, and the other committees responsible for this 
very important legislation which I strongly support.
  In my district in New Jersey, I have the privilege of representing 
approximately 4,000 FAA employees and contractors who work at the FAA's 
premier flagship technical center. Their extraordinary energy and 
dedication ensures American aviation continues to move forward. Without 
them, American leadership in aviation would suffer, and we cannot 
afford to send them home because Congress failed to do our work and 
pass an authorization bill.
  A lapse in authorization would result in the halting of certification 
and registration of new aircraft and disruption of our aerospace 
industry. It would needlessly jeopardize good-paying jobs and cause 
pain to hardworking Americans. This long-term extension averts these 
self-inflicted injuries. It also makes safety-critical reforms while 
capitalizing on the momentum of FAA's long-delayed small UAS rule.
  The resolution moves the ball forward for advancing UAS applications 
while ensuring they do not pose a threat to aviation, critical 
infrastructure, or the general public. It also gives the UAS test sites 
established under the 2012 FAA bill--one of which operates in my 
district--the certainty and stability they will need to conduct 
critical research and development on UAS integration.
  Mr. Speaker, this long-term extension promotes a stable aviation 
system, improves aviation security, and strengthens aviation security. 
It also has strong safety measures. I urge all of my colleagues to 
support this well-thought-out measure.
  Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from 
Mississippi (Mr. Thompson).
  Mr. THOMPSON of Mississippi. I thank the gentleman for yielding.
  Mr. Speaker, while I commend Mr. DeFazio and his colleagues for 
negotiating language to enhance aviation safety, I must rise in 
opposition to this legislation.
  My problem with the resolution stems from a potential job-killing 
provision inserted in the homeland security portion of the package. 
Understandably, after the airport attacks in Brussels and, more 
recently, Istanbul, there is interest in strengthening aviation 
security.
  Section 3405 directs TSA to update regulations for eligibility, 
including disqualifying offenses, for SIDA airport credentials, which 
airport workers need to perform their jobs. There is no evidence that 
this additional scrutiny would strengthen aviation security. What we do 
know for sure is that the changes would unjustifiably put workers at 
risk of losing their jobs. As such, it should come as no surprise that 
the International Association of Machinists, the Communication Workers 
of America, and the Transportation Workers Union have come out in 
strong opposition to this resolution.
  That measure, H.R. 3102, also was approved by voice vote in the House 
this past October. The language before us today goes several steps 
further than H.R. 3102, unjustifiably lengthening the well-litigated 
10-year look-back period from 10 to 15 years. The men and women who 
will be subject to this arbitrary change have as strong, if not more, 
of an interest as you or me in preventing terrorism in airports. They 
deserve better than living in fear that they will be able to lose their 
jobs in the name of homeland security.
  Mr. SHUSTER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. Smith), the chairman of the Committee on Science, Space, and 
Technology.
  Mr. SMITH of Texas. Mr. Speaker, I thank the gentleman from 
Pennsylvania (Mr. Shuster), the chairman of the Committee on 
Transportation and Infrastructure, for yielding me time.
  As Congress continues working toward a multiyear authorization for 
the

[[Page H4640]]

Federal Aviation Administration, the FAA Extension, Safety, and 
Security Act of 2016 will ensure that safety and security research and 
development activities are authorized.
  Pursuant to rule X, the House Committee on Science, Space, and 
Technology has legislative jurisdiction over ``civil aviation research 
and development,'' regardless of the funding account from which the 
research and development is appropriated.
  Earlier this year, the House Committee on Science, Space, and 
Technology marked up and passed out of committee a 3-year civil 
aviation research and development authorization for the FAA, the Flight 
R&D Act. This important legislation was introduced by Representative 
Stephen Knight.
  Many provisions from the Flight R&D Act are now in the 2016 FAA 
extension we are considering tonight, and I very much appreciate 
Chairman Shuster's including them. These provisions include the 
development of a cybersecurity research and development plan, a study 
on metrics to streamline the integration of unmanned aircraft systems 
into the national airspace, a research plan for unmanned aircraft 
systems traffic management, and the establishment of an unmanned and 
manned aircraft collision research program. These are important, 
pressing Committee on Science, Space, and Technology R&D provisions 
that will increase public safety and private commerce.

  I look forward to working to include the remainder of the Flight R&D 
Act provisions in a larger FAA bill next year. I encourage my 
colleagues to support Chairman Shuster's resolution.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
Colorado (Mr. Perlmutter).
  Mr. PERLMUTTER. I thank Mr. DeFazio.
  Mr. Speaker, on July 3 last year, a Flight for Life air ambulance 
helicopter took off in Frisco, Colorado. Just seconds later, the 
helicopter crashed in a parking lot next to the helipad and burst into 
flames. The post-crash fire contributed to the death of the pilot, 
Patrick Mahany, and severely burned the two flight nurses, Dave Repsher 
and Matthew Bowe. Dave Repsher is still hospitalized today after 
suffering burns on more than 90 percent of his body.
  The U.S. military required changes to helicopter fuel systems over 50 
years ago. The FAA underwent a rulemaking in 1994 concerning crash-
resistant fuel system standards, but 22 years later we still do not 
require newly manufactured helicopters to meet these safety standards. 
The 1994 rulemaking required all newly certified helicopter designs to 
incorporate crash-resistant fuel systems, but helicopter designs are 
certified once and then can be manufactured for years. So new 
helicopters like the AS350, which crashed in Frisco and was only 1 year 
old, are being built to an unsafe standard.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. DeFAZIO. Mr. Speaker, I yield an additional 30 seconds to the 
gentleman.
  Mr. PERLMUTTER. Mr. Speaker, this resolution today includes section 
2105, requiring the administrator of the FAA to evaluate and update 
these safety standards. I want to thank Chairman Shuster and Ranking 
Member DeFazio for working with me on this issue. Together, we can work 
with the FAA and industry to update these critical safety standards and 
make sure newly manufactured helicopters include crash-resistant fuel 
systems.
  Mr. SHUSTER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from Indiana (Mr. Rokita).
  Mr. ROKITA. Mr. Speaker, I would like to thank the chairman for 
yielding time to speak today on this legislation. I also want to thank 
the chairman of the Committee on Transportation and Infrastructure for 
his excellent leadership that he has shown this Congress and previous 
Congresses. It has been an absolute pleasure to serve on a committee 
that has accomplished so much.
  Today I want to speak briefly on an important provision of this 
reauthorization. As an airman myself, I have always stood up for the 
rights of general aviation pilots. Section 2307 in this legislation, 
which is based on my bill, the General Aviation Pilot Protection Act, 
will make operating a private aircraft easier and more common sense for 
private pilots.
  Currently, pilots must get an unnecessary, outdated medical 
examination from a government-approved physician as often as once a 
year. Section 2307 would change that requirement so that a pilot can 
simply visit his family physician once every 4 years. Although this 
doesn't go as far as is ultimately needed to get rid of 20th century 
red tape while maintaining safety in the 21st century, it is real 
progress for aviators.
  This change is strongly supported by the Aircraft Owners and Pilots 
Association, of which I am a proud member, and has a strong bipartisan 
list of cosponsors. I thank, again, Chairman Shuster and Ranking Member 
DeFazio for their continued leadership on this and other aviation 
issues. I urge Members and all of us to support this legislation, 
including the bipartisan House General Aviation Caucus.
  Mr. DeFAZIO. I yield 1\1/2\ minutes to the gentleman from Colorado 
(Mr. Polis).
  Mr. POLIS. Mr. Speaker, although I am glad the House of 
Representatives is taking a step in the right direction by 
reauthorizing the FAA for a few months, I am frustrated that we are not 
going as far as we could to protect lives that could be easily saved.
  On July 3, 2015, just over a year ago, there was a Flight for Life 
crash in Frisco, Colorado, in my district. The pilot died, and one 
person on board is still recovering from major burns. The death was 
caused not because of speed or pilot error, but simply because the fuel 
system didn't have a crash-resistant system that is already mandated in 
military helicopters.
  Representative Perlmutter and I have introduced the Helicopter Fuel 
System Safety Act, and that would require the FAA to install crash-
resistant fuel systems in newly manufactured helicopters by December 
31, 2016. I am glad this reauthorization language moves the FAA in that 
direction, but I hope that we can move forward quickly to save lives 
and fix this.
  I was also disappointed I wasn't allowed to offer several other 
amendments, including one which would have given local airports more 
flexibility in limiting flights, something of great concern for my 
district around flight noise for constituents near Longmont. I don't 
know how many of you live near airports that have continuous flights 
with older planes, but I hear from my constituents often on this, and I 
wanted the opportunity to do something about it to make sure that they 
can enjoy their sleep and their peace and quiet of their neighborhoods. 
I hope to work with the FAA, the ranking member and chairman to give 
communities and airports the flexibility they need to have quiet skies 
in the future.
  Mr. SHUSTER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from Florida (Mr. Curbelo).
  Mr. CURBELO of Florida. I thank the chairman for yielding. I 
appreciate his work on this legislation, and the ranking member, Mr. 
DeFazio, as well. I really appreciate the way that they have worked 
collaboratively on this.
  Mr. Speaker, this FAA reauthorization works to ensure that our 
aviation system remains well equipped, secure, and safe for passengers 
and pilots alike. It provides vital enhancements to the U.S. aviation 
system by strengthening security, expanding TSA PreCheck, and requiring 
the FAA to give Congress quarterly reports on the number of civil or 
criminal disturbances that occur at airports.
  I am proud to say that this measure also includes my bill, H.R. 5292, 
the Air Traffic Controller Hiring Improvement Act. This legislation, 
which has over 243 bipartisan cosponsors in the House, will reform for 
the better the way we hire our air traffic controllers. It will improve 
the ATC system by exempting College Training Initiative graduates and 
military veterans from the controversial biographical questionnaire 
while still allowing the general public to apply to serve as 
controllers. H.R. 5292 also ensures the FAA directly notifies schools, 
such as Historically Black Colleges and Hispanic-Serving Institutions, 
when ATC vacancy announcements are made.

                              {time}  1930

  This bill is certainly a step in the right direction; although, I 
believe, Mr. Speaker, we have a long way to go to

[[Page H4641]]

modernize the FAA and bring America's ATO, or air traffic operation, 
into the 21st century. I certainly look forward to working with the 
chairman and my colleagues to make that a reality.
  Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Knight).
  Mr. KNIGHT. Mr. Speaker, I appreciate the chairman's and ranking 
member's work on this.
  Mr. Speaker, I rise today in support of the FAA Extension, Safety, 
and Security Act of 2016.
  The aeronautics research carried out by the Federal Aviation 
Administration is vital to our Nation's prosperity. This is why earlier 
this year I introduced the FLIGHT R&D Act to authorize FAA's civil 
aviation research and development authorization activities.
  The FAA Extension, Safety, and Security Act of 2016 includes many 
important research and development provisions. Specifically, the bill 
incorporates provisions from the FLIGHT R&D Act that pertain to 
unmanned aircraft systems and cybersecurity. But it is only a stopgap 
measure.
  We as a nation must ensure our civil aeronautics research and 
development activities are fully authorized. I look forward to working 
with my colleagues in both the House and Senate on completing a 
multiyear FAA authorization that will incorporate provisions of the 
FLIGHT R&D Act that are not in today's extension.
  I encourage my colleagues to support this bill.
  Mr. DeFAZIO. Mr. Speaker, I yield back the balance of my time.
  Mr. SHUSTER. Mr. Speaker, I yield myself the balance of my time.
  Again, I want to thank Mr. DeFazio for working with us and with the 
Senate on this. I want to thank not only his staff for their hard work 
and long hours, but the staff on the majority side. They put in a lot 
of hours and a lot of late nights to make sure we have gotten to this 
point. So I want to thank them very, very much for their work.
  Finally, I want to thank two gentlemen who worked extremely hard and 
were tenacious in making sure we included third-class medical in this 
extension; that is, the voice of general aviation in the House, Sam 
Graves, who was, to say the least, relentless, as well as Senator 
Inhofe. Both worked extremely hard to made sure that third-class 
medical is in this, and that is extremely important to the GA community 
and the private pilots to make sure that we had that in here. So we are 
pleased it is in here.
  Again, I want to thank both Congressman Sam Graves from Missouri and 
Senator Inhofe for their hard work and their diligence. Again, let me 
thank the staff on both sides for their work, and I urge all my 
colleagues to support H. Res. 818.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Shuster) that the House suspend the 
rules and agree to the resolution, H. Res. 818.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

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