PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 615 

Public Law 114–190 

114th Congress 

An Act 

To amend title 49, United States Code, to extend authorizations for the airport 

improvement program, to amend the Internal Revenue Code of 1986 to extend 

the funding and expenditure authority of the Airport and Airway Trust Fund, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘FAA Extension, 

Safety, and Security Act of 2016’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Appropriate committees of Congress defined. 

TITLE I—FAA EXTENSION 

Subtitle A—Airport and Airway Programs 

Sec. 1101. Extension of airport improvement program. 

Sec. 1102. Extension of expiring authorities. 

Sec. 1103. Federal Aviation Administration operations. 

Sec. 1104. Air navigation facilities and equipment. 

Sec. 1105. Research, engineering, and development. 

Sec. 1106. Funding for aviation programs. 

Sec. 1107. Essential air service. 

Subtitle B—Revenue Provisions 

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

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

TITLE II—AVIATION SAFETY CRITICAL REFORMS 

Subtitle A—Safety 

Sec. 2101. Pilot records database deadline. 

Sec. 2102. Cockpit automation management. 

Sec. 2103. Enhanced mental health screening for pilots. 

Sec. 2104. Laser pointer incidents. 

Sec. 2105. Crash-resistant fuel systems. 

Sec. 2106. Hiring of air traffic controllers. 

Sec. 2107. Training policies regarding assistance for persons with disabilities. 

Sec. 2108. Air travel accessibility. 

Sec. 2109. Additional certification resources. 

Sec. 2110. Tower marking. 

Sec. 2111. Aviation cybersecurity. 

Sec. 2112. Repair stations located outside United States. 

Sec. 2113. Enhanced training for flight attendants. 

Subtitle B—UAS Safety 

Sec. 2201. Definitions. 

Sec. 2202. Identification standards. 

Sec. 2203. Safety statements. 

FAA Extension, 

Safety, and 

Security Act 

of 2016. 

49 USC 40101 

note. 

July 15, 2016 

[H.R. 636] 


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130 STAT. 616 PUBLIC LAW 114–190—JULY 15, 2016 

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. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 617 

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

Administration. 

Subtitle F—Miscellaneous Provisions 

Sec. 3601. Visible deterrent. 

Sec. 3602. Law enforcement training for mass casualty and active shooter incidents. 

Sec. 3603. Assistance to airports and surface transportation systems. 

SEC. 2. 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’’. 

49 USC 40101 

note. 


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130 STAT. 618 PUBLIC LAW 114–190—JULY 15, 2016 

(i) Section 332(c)(1) of the FAA Modernization and Reform 

Act of 2012 (49 U.S.C. 40101 note) is amended by striking ‘‘5 

years after the date of enactment of this Act’’ and inserting ‘‘on 

September 30, 2019’’. 

(j) Section 411(h) of the FAA Modernization and Reform Act 

of 2012 (49 U.S.C. 42301 prec. note) is amended by striking ‘‘July 

15, 2016’’ and inserting ‘‘September 30, 2017’’. 

(k) Section 822(k) of the FAA Modernization and Reform Act 

of 2012 (49 U.S.C. 47141 note) is amended by striking ‘‘July 15, 

2016’’ and inserting ‘‘September 30, 2017’’. 

SEC. 1103. FEDERAL AVIATION ADMINISTRATION OPERATIONS. 

Section 106(k) of title 49, United States Code, is amended— 

(1) by striking paragraph (1)(E) and inserting the following: 

‘‘(E) $9,909,724,000 for each of fiscal years 2016 and 

2017.’’; and 

(2) in paragraph (3) by striking ‘‘fiscal years 2012 through 

2015’’ and all that follows through ‘‘July 15, 2016,’’ and inserting 

‘‘fiscal years 2012 through 2017,’’. 

SEC. 1104. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

Section 48101(a)(5) of title 49, United States Code, is amended 

to read as follows: 

‘‘(5) $2,855,000,000 for each of fiscal years 2016 and 2017.’’. 

SEC. 1105. RESEARCH, ENGINEERING, AND DEVELOPMENT. 

Section 48102(a)(9) of title 49, United States Code, is amended 

to read as follows: 

‘‘(9) $166,000,000 for each of fiscal years 2016 and 2017.’’. 

SEC. 1106. FUNDING FOR AVIATION PROGRAMS. 

(a) IN GENERAL.—Section 48114 of title 49, United States Code, 

is amended— 

(1) in subsection (a)(2) by striking ‘‘fiscal year 2016,’’ and 

inserting ‘‘fiscal year 2017,’’; and 

(2) in subsection (c)(2) by striking ‘‘fiscal year 2016’’ and 

inserting ‘‘fiscal year 2017’’. 

(b) COMPLIANCE WITH AVIATION FUNDING REQUIREMENT.—The 

budget authority authorized in this title, including the amendments 

made by this title, shall be deemed to satisfy the requirements 

of subsections (a)(1)(B) and (a)(2) of section 48114 of title 49, United 

States Code, for each of fiscal years 2016 and 2017. 

SEC. 1107. ESSENTIAL AIR SERVICE. 

Section 41742(a)(2) of title 49, United States Code, is amended 

by striking ‘‘fiscal year 2014,’’ and all that follows through ‘‘July 

15, 2016,’’ and inserting ‘‘fiscal year 2014, $93,000,000 for fiscal 

year 2015, and $175,000,000 for each of fiscal years 2016 and 

2017’’. 

Subtitle B—Revenue Provisions 

SEC. 1201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY 

TRUST FUND. 

(a) IN GENERAL.—Section 9502(d)(1) of the Internal Revenue 

26 USC 9502. Code of 1986 is amended— 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 619 

(1) in the matter preceding subparagraph (A), by striking 

‘‘July 16, 2016’’ and inserting ‘‘October 1, 2017’’; and 

(2) in subparagraph (A), by striking the semicolon at the 

end and inserting ‘‘or the FAA Extension, Safety, and Security 

Act of 2016;’’. 

(b) CONFORMING AMENDMENT.—Section 9502(e)(2) 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 

Guidance. 

Guidance. 

Verification. 

Deadline. 

49 USC 44701 

note. 

26 USC 4081. 

26 USC 9502. 


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130 STAT. 620 PUBLIC LAW 114–190—JULY 15, 2016 

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 

Time periods. 

Deadline. 

Evaluation. 

Update. 

Rotorcraft. 

49 USC 44504 

note. 

49 USC 46301 

note. 

Effective date. 

Coordination. 

Updates. 

Deadline. 

Recommendations. 

Determination. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 621 

involving the full-time active separation of air traffic after 

receipt of an air traffic certification or air traffic control 

facility rating within 5 years of application while serving 

at— 

‘‘(i) a Federal Aviation Administration air traffic 

control facility; 

‘‘(ii) a civilian or military air traffic control facility 

of the Department of Defense; or 

‘‘(iii) a tower operating under contract with the 

Federal Aviation Administration under section 47124. 

‘‘(B) CONSIDERATION OF ADDITIONAL APPLICANTS.— ‘‘(i) IN GENERAL.—After giving preferential consideration to applicants under subparagraph (A), the 

Administrator shall consider additional applicants for 

the position of air traffic controller by referring an 

approximately equal number of individuals for appointment among the 2 applicant pools described in this 

subparagraph. The number of individuals referred for 

consideration from each group shall not differ by more 

than 10 percent. 

‘‘(ii) POOL 1.—Pool 1 applicants are individuals 

who— 

‘‘(I) have successfully completed air traffic controller training and graduated from an institution 

participating in the Collegiate Training Initiative 

program maintained under subsection (c)(1) and 

who have received from the institution— 

‘‘(aa) an appropriate recommendation; or 

‘‘(bb) an endorsement certifying that the 

individual would have met the requirements 

in effect as of December 31, 2013, for an appropriate recommendation; 

‘‘(II) 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 

Deadline. 


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130 STAT. 622 PUBLIC LAW 114–190—JULY 15, 2016 

10, 2014), was disqualified from the position as the 

result of a biographical assessment, the Administrator 

shall provide the applicant an opportunity to reapply 

for the position as soon as practicable under the revised 

hiring practices. 

‘‘(ii) WAIVER OF AGE RESTRICTION.—The Administrator shall waive any maximum age restriction for 

the position of air traffic controller with the Administration that would otherwise disqualify an individual 

from the position if the individual— 

‘‘(I) is reapplying for the position pursuant 

to clause (i) on or before December 31, 2017; and 

‘‘(II) met the maximum age requirement on 

the date of the individual’s previous application 

for the position during the interim hiring process. 

‘‘(3) MAXIMUM ENTRY AGE FOR EXPERIENCED CONTROLLERS.—Notwithstanding section 3307 of title 5, the maximum 

limit of age for an original appointment to a position as an 

air traffic controller shall be 35 years of age for those 

maintaining 52 weeks of air traffic control experience involving 

the full-time active separation of air traffic after receipt of 

an air traffic certification or air traffic control facility rating 

in a civilian or military air traffic control facility.’’. 

(b) NOTIFICATION OF VACANCIES.—The Administrator of the 

Federal Aviation Administration shall consider directly notifying 

secondary schools and institutions of higher learning, including 

Historically Black Colleges and Universities, Hispanic-serving 

institutions, Minority Institutions, and Tribal Colleges and Universities, of a vacancy announcement under section 44506(f)(1)(B)(iii) 

of title 49, United States Code. 

SEC. 2107. TRAINING POLICIES REGARDING ASSISTANCE FOR PERSONS 

WITH DISABILITIES. 

(a) IN GENERAL.—Not later than 270 days after the date of 

enactment of this Act, the Comptroller General of the United States 

shall submit to Congress a report assessing required air carrier 

personnel and contractor training programs regarding the assistance of persons with disabilities, including— 

(1) variations in training programs between air carriers; 

(2) instances since 2005 where the Department of Transportation has requested that an air carrier take corrective action 

following a review of the air carrier’s training programs; and 

(3) actions taken by air carriers following requests 

described in paragraph (2). 

(b) BEST PRACTICES.—After the date the report is submitted 

under subsection (a), the Secretary of Transportation, based on 

the findings of the report, shall develop, make publicly available, 

and appropriately disseminate to air carriers such best practices 

as the Secretary considers necessary to improve the reviewed 

training programs. 

SEC. 2108. AIR TRAVEL ACCESSIBILITY. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary of Transportation shall issue the supplemental 

notice of proposed rulemaking referenced in the Secretary’s Report 

on Significant Rulemakings, dated June 15, 2015, and assigned 

Regulation Identification Number 2105–AE12. 

Deadline. 

Notice. 

Regulations. 

Public 

information. 

Deadline. 

Reports. 

Assessment. 

49 USC 41705 

note. 

Time period. 

Deadline. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 623 

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 

49 USC 44718 

note. 

Deadline. 

Regulations. 

49 USC 44701 

note. 

Contracts. 


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130 STAT. 624 PUBLIC LAW 114–190—JULY 15, 2016 

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 aboveground 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; 

Deadline. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 625 

(3) ensure that any proprietary information in the database 

is protected from disclosure in accordance with law; and 

(4) ensure that, by virtue of accessing the database, users 

agree and acknowledge that information in the database— 

(A) may only be used for aviation safety purposes; 

and 

(B) may not be disclosed for purposes other than aviation safety, regardless of whether or not the information 

is marked or labeled as proprietary or with a similar designation. 

SEC. 2111. 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 inflight 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 

Deadline. 

49 USC 44903 

note. 


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130 STAT. 626 PUBLIC LAW 114–190—JULY 15, 2016 

systems, including actions to improve implementation of 

information security standards, such as those of the 

National Institute of Standards and Technology; 

(D) support voluntary efforts by industry, RTCA, Inc., 

and other standards-setting organizations to develop and 

identify consensus standards and best practices relating 

to guidance on aviation systems information security 

protection, consistent, to the extent appropriate, with the 

cybersecurity risk management activities described in section 2(e) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)); 

(E) establish guidelines for the voluntary exchange 

of information between and among aviation stakeholders 

pertaining to aviation-related cybersecurity incidents, 

threats, and vulnerabilities; 

(F) identify short- and long-term objectives and actions 

that can be taken in response to cybersecurity risks to 

the national airspace system; and 

(G) identify research and development activities to 

inform actions in response to cybersecurity risks. 

(3) IMPLEMENTATION REQUIREMENTS.—In carrying out the 

activities under this subsection, the Administrator shall— 

(A) coordinate with aviation stakeholders, including, 

at a minimum, representatives of industry, airlines, manufacturers, airports, RTCA, Inc., and unions; 

(B) consult with the heads of relevant agencies and 

with international regulatory authorities; 

(C) if determined appropriate, convene an expert panel 

or working group to identify and address cybersecurity 

risks; and 

(D) evaluate, on a periodic basis, the effectiveness of 

the principles established under this subsection. 

(b) UPDATE ON CYBERSECURITY IMPLEMENTATION PROGRESS.— 

Not later than 90 days after the date of enactment of this Act, 

the Administrator shall provide to the appropriate committees of 

Congress an update on progress made toward the implementation 

of this section. 

(c) CYBERSECURITY THREAT MODEL.—Not later than 1 year 

after the date of enactment of this Act, the Administrator, in 

consultation with the Director of the National Institute of Standards 

and Technology, shall implement the open recommendation issued 

in 2015 by the Government Accountability Office to assess and 

research the potential cost and timetable of developing and 

maintaining an agencywide threat model, which shall be updated 

regularly, to strengthen the cybersecurity of agency systems across 

the Federal Aviation Administration. The Administrator shall brief 

the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on the status, results, and composition 

of the threat model. 

(d) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

INFORMATION SECURITY STANDARDS.—Not later than 180 days after 

the date of enactment of this Act, the Administrator of the Federal 

Aviation Administration, after consultation with the Director of 

the National Institute of Standards and Technology, shall transmit 

Deadline. 

Consultation. 

Reports. 

Plan. 

Deadline. 

Consultation. 

Assessment. 

Research and 

development. 

Deadline. 

Evaluation. 

Consultation. 

Coordination. 

Guidelines. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 627 

to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on— 

(1) a cybersecurity standards plan to improve implementation of the National Institute of Standards and Technology’s 

latest revisions to information security guidance for Federal 

Aviation Administration information and Federal Aviation 

Administration information systems within set timeframes; and 

(2) an explanation of why any such revisions are not incorporated in the plan or are not incorporated within set timeframes. 

(e) 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 

Deadline. 

Time period. 

Evaluation. 

Determination. 

Deadline. 

Consultation. 

Plan. 


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130 STAT. 628 PUBLIC LAW 114–190—JULY 15, 2016 

(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 transportcategory 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.— 

49 USC 40101 

note. 

Deadline. 

49 USC 44733 

note. 

Deadlines. 

Notice. 

Regulations. 

Federal Register, 

publication. 

49 USC 44733 

note. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 629 

‘‘(A) IN GENERAL.—The term ‘test range’ means a 

defined geographic area where research and development 

are conducted as authorized by the Administrator of the 

Federal Aviation Administration. 

‘‘(B) INCLUSIONS.—The term ‘test range’ includes any 

of the 6 test ranges established by the Administrator of 

the Federal Aviation Administration under section 332(c), 

as in effect on the day before the date of enactment of 

this subparagraph, and any public entity authorized by 

the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009.’’. 

SEC. 2202. IDENTIFICATION STANDARDS. 

(a) IN GENERAL.—The Administrator of the Federal Aviation 

Administration, in consultation with the Secretary of Transportation, the President of RTCA, Inc., and the Director of the National 

Institute of Standards and Technology, shall convene industry 

stakeholders to facilitate the development of consensus standards 

for remotely identifying operators and owners of unmanned aircraft 

systems and associated unmanned aircraft. 

(b) CONSIDERATIONS.—As part of any standards developed 

under subsection (a), the Administrator shall ensure the consideration of— 

(1) requirements for remote identification of unmanned 

aircraft systems; 

(2) appropriate requirements for different classifications 

of unmanned aircraft systems operations, including public and 

civil; and 

(3) the feasibility of the development and operation of a 

publicly accessible online database of unmanned aircraft and 

the operators thereof, and any criteria for exclusion from the 

database. 

(c) DEADLINE.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate 

committees of Congress a report on any standards developed under 

subsection (a). 

(d) GUIDANCE.—Not later than 1 year after the date on which 

the Administrator submits the report under subsection (c), the 

Administrator shall issue regulations or guidance, as appropriate, 

based on any standards developed under subsection (a). 

SEC. 2203. SAFETY STATEMENTS. 

(a) REQUIRED INFORMATION.—Beginning on the date that is 

1 year after the date of publication of the guidance under subsection 

(b)(1), a manufacturer of a small unmanned aircraft shall make 

available to the owner at the time of delivery of the small unmanned 

aircraft the safety statement described in subsection (b)(2). 

(b) SAFETY STATEMENT.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Administrator of the Federal 

Aviation Administration shall issue guidance for implementing 

this section. 

(2) REQUIREMENTS.—A safety statement required under 

subsection (a) shall include— 

(A) information about, and sources of, laws and regulations applicable to small unmanned aircraft; 

Deadline. 

Guidance. 

49 USC 40101 

note. 

Effective date. 

Deadline. 

Regulations. 

Reports. 

49 USC 40101 

note. 

Consultation. 

Deadline. 


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130 STAT. 630 PUBLIC LAW 114–190—JULY 15, 2016 

(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: 

49 USC 40101 

note. 

Contracts. 

49 USC 40101 

note. 

Recommendations. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 631 

‘‘§ 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. 

49 USC 40101 

note. 

49 USC 

prec. 46301. 

49 USC 46320. 


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130 STAT. 632 PUBLIC LAW 114–190—JULY 15, 2016 

(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— 

49 USC 40101 

note. 

Deadline. 

Publication. 

Guidance. 

Procedures. 

Certification. 

Waiver authority. 

Classified 

information. 

Recommendations. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 633 

(1) make explicit any safety requirements that must be 

met for the consideration of applications that include requests 

for beyond visual line of sight or nighttime operations, or the 

suspension of otherwise applicable operating restrictions, consistent with public interest and safety; and 

(2) explicitly state the procedures for coordinating with 

an incident commander, if any, to ensure operations granted 

under procedures developed under subsection (a) do not interfere with other emergency response efforts. 

(c) REVIEW.—In processing applications on an emergency basis 

for exemptions or certificates of authorization or waiver for 

unmanned aircraft systems operations in response to a catastrophe, 

disaster, or other emergency, the Administrator shall act on such 

applications as expeditiously as practicable and without requiring 

public notice and comment. 

SEC. 2208. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT. 

(a) RESEARCH PLAN FOR UTM DEVELOPMENT AND DEPLOYMENT.— 

(1) IN GENERAL.—The Administrator of the Federal Aviation Administration (in this section referred to as the ‘‘Administrator’’), in coordination with the Administrator of the National 

Aeronautics and Space Administration, shall continue development of a research plan for unmanned aircraft systems traffic 

management (in this section referred to as ‘‘UTM’’) development 

and deployment. 

(2) REQUIREMENTS.—In developing the research plan, the 

Administrator shall— 

(A) identify research outcomes sought; and 

(B) ensure the plan is consistent with existing regulatory and operational frameworks, and considers potential 

future regulatory and operational frameworks, for 

unmanned aircraft systems in the national airspace system. 

(3) ASSESSMENT.—The research plan shall include an 

assessment of the interoperability of a UTM system with 

existing and potential future air traffic management systems 

and processes. 

(4) DEADLINES.—The Administrator shall— 

(A) initiate development of the research plan not later 

than 60 days after the date of enactment of this Act; 

and 

(B) not later than 180 days after the date of enactment 

of this Act— 

(i) complete the research plan; 

(ii) submit the research plan to the Committee 

on Commerce, Science, and Transportation of the 

Senate and the Committee on Science, Space, and 

Technology and the Committee on Transportation and 

Infrastructure of the House of Representatives; and 

(iii) publish the research plan on the Internet Web 

site of the Federal Aviation Administration. 

(b) PILOT PROGRAM.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of submission of the research plan under subsection (a)(4)(B), 

the Administrator, in coordination with the Administrator of 

the National Aeronautics and Space Administration, the Drone 

Deadline. 

Coordination. 

Web posting. 

Coordination. 

49 USC 40101 

note. 


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130 STAT. 634 PUBLIC LAW 114–190—JULY 15, 2016 

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; 

Deadline. 

Notice. 

49 USC 40101 

note. 

Deadline. 

Deadlines. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 635 

(iii) national security; or 

(iv) homeland security. 

(D) OPPORTUNITY FOR RESUBMISSION.—If an application 

is denied, and the applicant can reasonably address the 

reason for the denial, the Administrator may allow the 

applicant to reapply for designation. 

(c) 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; 

Applicability. 

49 USC 40101 

note. 

Web posting. 


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130 STAT. 636 PUBLIC LAW 114–190—JULY 15, 2016 

(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; 

Cost estimates. 

49 USC 40101 

note. 


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‘‘(B) a description of how the Administration plans 

to use research and development, including research and 

development conducted through NASA’s Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned 

aircraft systems in the national airspace system; 

‘‘(C) an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the 

national airspace system, and how these performance abilities can be demonstrated; and 

‘‘(D) an update on the advancement of technologies 

needed to integrate unmanned aircraft systems into the 

national airspace system, including decisionmaking by 

adaptive systems, such as sense-and-avoid capabilities and 

cyber physical systems security.’’. 

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

(a) RESEARCH.—The Administrator of the Federal Aviation 

Administration (in this section referred to as the ‘‘Administrator’’), 

in continuation of ongoing work, shall coordinate with the Administrator of the National Aeronautics and Space Administration to 

develop a program to conduct comprehensive testing or modeling 

of unmanned aircraft systems colliding with various sized aircraft 

in various operational settings, as considered appropriate by the 

Administrator, including— 

(1) collisions between unmanned aircraft systems of various 

sizes, traveling at various speeds, and jet aircraft of various 

sizes, traveling at various speeds; 

(2) collisions between unmanned aircraft systems of various 

sizes, traveling at various speeds, and propeller-driven aircraft 

of various sizes, traveling at various speeds; 

(3) collisions between unmanned aircraft systems of various 

sizes, traveling at various speeds, and rotorcraft of various 

sizes, traveling at various speeds; and 

(4) collisions between unmanned aircraft systems and various parts of the aforementioned aircraft, including— 

(A) windshields; 

(B) noses; 

(C) engines; 

(D) radomes; 

(E) propellers; and 

(F) wings. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Administrator shall transmit to the Committee 

on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate 

a report summarizing the costs and results of research under this 

section. 

SEC. 2213. PROBABILISTIC METRICS RESEARCH AND DEVELOPMENT 

STUDY. 

(a) STUDY.—Not later than 30 days after the date of enactment 

of this Act, the Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Academies 

to study the potential use of probabilistic assessments of risks 

by the Administration to streamline the integration of unmanned 

Deadline. 

Contracts. 

49 USC 40101 

note. 

Coordination. 

Testing. 

49 USC 40101 

note. 

Assessment. 


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130 STAT. 638 PUBLIC LAW 114–190—JULY 15, 2016 

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 airportrelated 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 

Deadline. 

Establishment. 

Deadline. 


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(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 

Summary. 

Consultation. 

Recommendations. 


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130 STAT. 640 PUBLIC LAW 114–190—JULY 15, 2016 

(3) any recommendations for legislative or regulatory action 

that would assist in maintaining and improving air transportation service to and from small communities. 

SEC. 2304. COMPUTATION OF BASIC ANNUITY FOR CERTAIN AIR 

TRAFFIC CONTROLLERS. 

(a) IN GENERAL.—Section 8415(f) of title 5, United States Code, 

is amended to read as follows: 

‘‘(f) The annuity of an air traffic controller or former air traffic 

controller retiring under section 8412(a) is computed under subsection (a), except that if the individual has at least 5 years of 

service in any combination as— 

‘‘(1) an air traffic controller as defined by section 

2109(1)(A)(i); 

‘‘(2) a first level supervisor of an air traffic controller as 

defined by section 2109(1)(A)(i); or 

‘‘(3) a second level supervisor of an air traffic controller 

as defined by section 2109(1)(A)(i); 

so much of the annuity as is computed with respect to such type 

of service shall be computed by multiplying 1 7/10 percent of the 

individual’s average pay by the years of such service.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall be deemed to be effective on December 12, 2003. 

(c) PROCEDURES REQUIRED.—The Director of the Office of Personnel Management shall establish such procedures as are necessary to provide for— 

(1) notification to each annuitant affected by the amendments made by this section; 

(2) recalculation of the benefits of affected annuitants; 

(3) an adjustment to applicable monthly benefit amounts 

pursuant to such recalculation, to begin as soon as is practicable; and 

(4) a lump-sum payment to each affected annuitant equal 

to the additional total benefit amount that such annuitant 

would have received had the amendment made by subsection 

(a) been in effect on December 12, 2003. 

SEC. 2305. REFUNDS FOR DELAYED BAGGAGE. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue final 

regulations to require an air carrier or foreign air carrier to 

promptly provide to a passenger an automated refund for any 

ancillary fees paid by the passenger for checked baggage if— 

(1) the air carrier or foreign air carrier fails to deliver 

the checked baggage to the passenger— 

(A) not later than 12 hours after the arrival of a 

domestic flight; or 

(B) not later than 15 hours after the arrival of an 

international flight; and 

(2) the passenger has notified the air carrier or foreign 

air carrier of the lost or delayed checked baggage. 

(b) EXCEPTION.—If, as part of the rulemaking, the Secretary 

makes a determination on the record that a requirement under 

subsection (a) is not feasible and would adversely affect consumers 

in certain cases, the Secretary may modify 1 or both of the deadlines 

specified in subsection (a)(1) for such cases, except that— 

(1) the deadline relating to a domestic flight may not exceed 

18 hours after the arrival of the domestic flight; and 

Determination. 

49 USC 41704 

note. 

Deadlines. 

Regulations. 

Notification. 

5 USC 8415 note. 

5 USC 8415 note. 


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(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 

Time period. 

Time period. 

Deadline. 

Regulations. 

49 USC 44703 

note. 

Termination 

date. 

Deadline. 

Reports. 


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130 STAT. 642 PUBLIC LAW 114–190—JULY 15, 2016 

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 

Deadline. 

Checklist. 

Time period. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 643 

member, if he or she knows or has reason to know 

of any medical deficiency or medically disqualifying 

condition that would make the individual unable 

to operate the aircraft in a safe manner; and 

(III) the individual is aware of the regulations 

pertaining to the prohibition on operations during 

medical deficiency and has no medically disqualifying conditions in accordance with applicable law; 

(B) a section with instructions for the individual to 

provide the completed checklist to the physician performing 

the comprehensive medical examination required in subsection (a)(7); and 

(C) a section, for the physician to complete, that 

instructs the physician— 

(i) to perform a clinical examination of— 

(I) head, face, neck, and scalp; 

(II) nose, sinuses, mouth, and throat; 

(III) ears, general (internal and external 

canals), and eardrums (perforation); 

(IV) eyes (general), ophthalmoscopic, pupils 

(equality and reaction), and ocular motility (associated parallel movement, nystagmus); 

(V) lungs and chest (not including breast 

examination); 

(VI) heart (precordial activity, rhythm, sounds, 

and murmurs); 

(VII) vascular system (pulse, amplitude, and 

character, and arms, legs, and others); 

(VIII) abdomen and viscera (including hernia); 

(IX) anus (not including digital examination); 

(X) skin; 

(XI) G–U system (not including pelvic examination); 

(XII) upper and lower extremities (strength 

and range of motion); 

(XIII) spine and other musculoskeletal; 

(XIV) identifying body marks, scars, and tattoos (size and location); 

(XV) lymphatics; 

(XVI) neurologic (tendon reflexes, equilibrium, 

senses, cranial nerves, and coordination, etc.); 

(XVII) psychiatric (appearance, behavior, 

mood, communication, and memory); 

(XVIII) general systemic; 

(XIX) hearing; 

(XX) vision (distant, near, and intermediate 

vision, field of vision, color vision, and ocular alignment); 

(XXI) blood pressure and pulse; and 

(XXII) anything else the physician, in his or 

her medical judgment, considers necessary; 

(ii) to exercise medical discretion to address, as 

medically appropriate, any medical conditions identified, and to exercise medical discretion in determining 

whether any medical tests are warranted as part of 

the comprehensive medical examination; 


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(iii) to discuss all drugs the individual reports 

taking (prescription and nonprescription) and their 

potential to interfere with the safe operation of an 

aircraft or motor vehicle; 

(iv) to sign the checklist, stating: ‘‘I certify that 

I discussed all items on this checklist with the individual during my examination, discussed any medications the individual is taking that could interfere with 

their ability to safely operate an aircraft or motor 

vehicle, and performed an examination that included 

all of the items on this checklist. I certify that I am 

not aware of any medical condition that, as presently 

treated, could interfere with the individual’s ability 

to safely operate an aircraft.’’; and 

(v) to provide the date the comprehensive medical 

examination was completed, and the physician’s full 

name, address, telephone number, and State medical 

license number. 

(3) LOGBOOK.—The completed checklist shall be retained 

in the individual’s logbook and made available on request. 

(c) MEDICAL EDUCATION COURSE REQUIREMENTS.—The medical 

education course described in this subsection shall— 

(1) be available on the Internet free of charge; 

(2) be developed and periodically updated in coordination 

with representatives of relevant nonprofit and not-for-profit 

general aviation stakeholder groups; 

(3) educate pilots on conducting medical self-assessments; 

(4) advise pilots on identifying warning signs of potential 

serious medical conditions; 

(5) identify risk mitigation strategies for medical conditions; 

(6) increase awareness of the impacts of potentially 

impairing over-the-counter and prescription drug medications; 

(7) encourage regular medical examinations and consultations with primary care physicians; 

(8) inform pilots of the regulations pertaining to the prohibition on operations during medical deficiency and medically 

disqualifying conditions; 

(9) provide the checklist developed by the Federal Aviation 

Administration in accordance with subsection (b); and 

(10) upon successful completion of the course, electronically 

provide to the individual and transmit to the Federal Aviation 

Administration— 

(A) a certification of completion of the medical education course, which shall be printed and retained in the 

individual’s logbook and made available upon request, and 

shall contain the individual’s name, address, and airman 

certificate number; 

(B) subject to subsection (d), a release authorizing the 

National Driver Register through a designated State 

Department of Motor Vehicles to furnish to the Federal 

Aviation Administration information pertaining to the 

individual’s driving record; 

(C) a certification by the individual that the individual 

is under the care and treatment of a physician if the 

individual has been diagnosed with any medical condition 

that may impact the ability of the individual to fly, as 

required under subsection (a)(6); 

Certifications. 

Coordination. 

Internet. 


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(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. 


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130 STAT. 646 PUBLIC LAW 114–190—JULY 15, 2016 

(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 thirdclass medical certificate exemption under subsection (a) 

shall not apply if— 

(i) in the judgment of the individual’s Statelicensed 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 Statelicensed 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. 

Deadline. 

Deadline. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 647 

(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. 

Effective date. 

Regulations. 

Federal Register, 

publication. 

Deadline. 

Review. 


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130 STAT. 648 PUBLIC LAW 114–190—JULY 15, 2016 

(l) AUTHORITY TO REQUIRE ADDITIONAL INFORMATION.— (1) IN GENERAL.—If the Administrator receives credible 

or urgent information, including from the National Driver Register or the Administrator’s Safety Hotline, that reflects on 

an individual’s ability to safely operate a covered aircraft under 

the third-class medical certificate exemption in subsection (a), 

the Administrator may require the individual to provide additional information or history so that the Administrator may 

determine whether the individual is safe to continue operating 

a covered aircraft. 

(2) USE OF INFORMATION.—The Administrator may use 

credible or urgent information received under paragraph (1) 

to request an individual to provide additional information or 

to take actions under section 44709(b) of title 49, United States 

Code. 

SEC. 2308. TARMAC DELAYS. 

(a) DEPLANING FOLLOWING EXCESSIVE TARMAC DELAY.—Section 

42301(b)(3) of title 49, United States Code, is amended— 

(1) by redesignating subparagraph (C) as subparagraph 

(D); 

(2) by inserting after subparagraph (B) the following: 

‘‘(C) In providing the option described in subparagraph 

(A), the air carrier shall begin to return the aircraft to 

a suitable disembarkation point— 

‘‘(i) in the case of a flight in interstate air transportation, not later than 3 hours after the main aircraft 

door is closed in preparation for departure; and 

‘‘(ii) in the case of a flight in foreign air transportation, not later than 4 hours after the main aircraft 

door is closed in preparation for departure.’’; and 

(3) in subparagraph (D) (as redesignated by paragraph 

(1) of this subsection) by striking ‘‘subparagraphs (A) and (B)’’ 

and inserting ‘‘subparagraphs (A), (B), and (C)’’. 

(b) EXCESSIVE TARMAC DELAY DEFINED.—Section 42301(i)(4) 

of title 49, United States Code, is amended to read as follows: 

‘‘(4) EXCESSIVE TARMAC DELAY.—The term ‘excessive tarmac 

delay’ means a tarmac delay of more than— 

‘‘(A) 3 hours for a flight in interstate air transportation; 

or 

‘‘(B) 4 hours for a flight in foreign air transportation.’’. 

(c) REGULATIONS.—Not later than 90 days after the date of 

enactment of this section, the Secretary of Transportation shall 

issue regulations and take other actions necessary to carry out 

the amendments made by this section. 

SEC. 2309. FAMILY SEATING. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall review 

and, if appropriate, establish a policy directing all air carriers 

providing scheduled passenger interstate or intrastate air transportation to establish policies that enable a child, who is age 13 

or under on the date an applicable flight is scheduled to occur, 

to be seated in a seat adjacent to the seat of an accompanying 

family member over the age of 13, to the maximum extent practicable and at no additional cost, except when assignment to an 

adjacent seat would require an upgrade to another cabin class 

49 USC 42301 

note prec. 

Deadline. 

Review. 

Deadline. 

49 USC 42301 

note. 

Deadlines. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 649 

or a seat with extra legroom or seat pitch for which additional 

payment is normally required. 

(b) EFFECT ON AIRLINE BOARDING AND SEATING POLICIES.— 

When considering any new policy under this section, the Secretary 

shall consider the traditional seating and boarding policies of air 

carriers providing scheduled passenger interstate or intrastate air 

transportation and whether those policies generally allow families 

to sit together. 

(c) STATUTORY CONSTRUCTION.—Notwithstanding the requirement in subsection (a), nothing in this section may be construed 

to allow the Secretary to impose a significant change in the overall 

seating or boarding policy of an air carrier providing scheduled 

passenger interstate or intrastate air transportation that has an 

open or flexible seating policy in place that generally allows adjacent 

family seating as described in subsection (a). 

TITLE 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— Coordination. 

Deadline. 

Publication. 

Standards. 

Public 

information. 

Aviation Security 

Act of 2016. 

49 USC 44901 

note. 


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(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. 

Deadline. 

Reports. 

Recommendations. 

Certification. 

Procedures. 

Records. 

Evaluation. 

Certification. 

Verification. 

Confidential 

information. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 651 

(d) IDENTITY VERIFICATION ENHANCEMENT.—Not later than 120 

days after the date of enactment of this Act, the Administrator 

shall— 

(1) coordinate with the heads of appropriate components 

of the Department to leverage Department-held data and technologies to verify the citizenship of individuals enrolling in 

the PreCheck Program; 

(2) partner with the private sector to use biometrics and 

authentication standards, such as relevant standards developed 

by the National Institute of Standards and Technology, to facilitate enrollment in the program; and 

(3) consider leveraging the existing resources and abilities 

of airports to conduct fingerprint and background checks to 

expedite identity verification. 

(e) PRECHECK PROGRAM LANES OPERATION.—The Administrator 

shall— 

(1) ensure that PreCheck Program screening lanes are open 

and available during peak and high-volume travel times at 

appropriate airports to individuals enrolled in the PreCheck 

Program; and 

(2) make every practicable effort to provide expedited 

screening at standard screening lanes during times when 

PreCheck Program screening lanes are closed to individuals 

enrolled in the program in order to maintain operational efficiency. 

(f) VETTING FOR PRECHECK PROGRAM PARTICIPANTS.—Not later 

than 90 days after the date of enactment of this Act, the Administrator shall initiate an assessment to identify any security 

vulnerabilities in the vetting process for the PreCheck Program, 

including determining whether subjecting PreCheck Program 

participants to recurrent fingerprint-based criminal history records 

checks, in addition to recurrent checks against the terrorist 

watchlist, could be done in a cost-effective manner to strengthen 

the security of the PreCheck Program. 

Subtitle B—Securing Aviation From Foreign Entry Points and Guarding Airports 

Through Enhanced Security 

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

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Administrator shall conduct a comprehensive security risk assessment of all last point of departure airports 

with nonstop flights to the United States. 

(b) CONTENTS.—The security risk assessment required under 

subsection (a) shall include consideration of the following: 

(1) The level of coordination and cooperation between the 

TSA and the foreign government of the country in which the 

last point of departure airport with nonstop flights to the United 

States is located. 

(2) The intelligence and threat mitigation capabilities of 

the country in which such airport is located. 

(3) The number of known or suspected terrorists annually 

transiting through such airport. 

Deadline. 

Deadline. 

Assessment. 

Determination. 

Coordinate. 

Deadline. 


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130 STAT. 652 PUBLIC LAW 114–190—JULY 15, 2016 

(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 internationalinbound 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 

Deadline. 

Deadline. 

Determination. 

Assessment. 

Contracts. 

Deadline. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 653 

Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a detailed written 

explanation of the following: 

(1) The specific vulnerability to the United States or United 

States citizens that will be mitigated by such donation. 

(2) An explanation as to why the recipient of such donation 

is unable or unwilling to purchase security screening equipment 

to mitigate such vulnerability. 

(3) 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. 

Deadline. 

Determination. 

Determination. 

Evaluation. 

Evacuation plan. 


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130 STAT. 654 PUBLIC LAW 114–190—JULY 15, 2016 

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 

Deadline. 

Reports. 

Deadline. 

Assessment. 

Determination. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 655 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate on the results of such 

review. 

SEC. 3303. EFFECTIVE UTILIZATION OF STAFFING RESOURCES. 

(a) IN GENERAL.—To the greatest extent practicable, the 

Administrator shall direct that Transportation Security Officers 

with appropriate certifications and training are assigned to passenger and baggage security screening functions and that other 

TSA personnel who may not have certification and training to 

screen passengers or baggage are utilized for tasks not directly 

related to security screening, including restocking bins and providing instructions and support to passengers in security lines. 

(b) ASSESSMENT AND REASSIGNMENT.—The Administrator shall 

conduct an assessment of headquarters personnel and reassign 

appropriate personnel to assist with airport security screening 

activities on a permanent or temporary basis, as appropriate. 

SEC. 3304. 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 

Certification. 

Establishment. 

Recommendations. 

List. 

Deadlines. 


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130 STAT. 656 PUBLIC LAW 114–190—JULY 15, 2016 

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— 

Deadline. 

Determination. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 657 

(A) domestic intelligence; 

(B) international intelligence; 

(C) the vulnerabilities associated with unescorted 

access authority granted to domestic airport operators and 

air carriers, and their workers; 

(D) the vulnerabilities associated with unescorted 

access authority granted to foreign airport operators and 

air carriers, and their workers; 

(E) the processes and practices designed to mitigate 

the vulnerabilities associated with unescorted access privileges granted to airport operators and air carriers, and 

their workers; 

(F) the recent security breaches at domestic and foreign 

airports; and 

(G) the recent security improvements at domestic airports, including the implementation of recommendations 

made by relevant advisory committees, including the ASAC. 

(b) REPORTS.—The Administrator shall submit to the appropriate congressional committees— 

(1) a report on the results of the assessment under subsection (a), including any recommendations for improving aviation security; 

(2) a report on the implementation status of any recommendations made by the ASAC; and 

(3) regular updates about the insider threat environment 

as new information becomes available or as needed. 

SEC. 3403. OVERSIGHT. 

(a) ENHANCED REQUIREMENTS.— 

(1) 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. 

Deadline. 

Public 

information. 

Regulations. 


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130 STAT. 658 PUBLIC LAW 114–190—JULY 15, 2016 

(b) TEMPORARY CREDENTIALS.—The Administrator may encourage the issuance by airports and aircraft operators of free, onetime, 24-hour temporary credentials for workers who have reported, 

in a timely manner, their credentials missing, but not permanently 

lost, stolen, or destroyed, until replacement of credentials under 

section 1542.211 of title 49 Code of Federal Regulations is necessary. 

(c) NOTIFICATION AND REPORT TO CONGRESS.—The Administrator shall— 

(1) notify the appropriate congressional committees each 

time an airport operator reports that more than three percent 

of credentials for unescorted access to any SIDA at a Category 

X airport are missing, or more than five percent of credentials 

to access any SIDA at any other airport are missing; and 

(2) submit to the appropriate congressional committees an 

annual report on the number of violations and fines related 

to unescorted access to the SIDA of an airport collected in 

the preceding fiscal year. 

SEC. 3404. CREDENTIALS. 

(a) LAWFUL STATUS.—Not later than 90 days after the date 

of the enactment of this Act, the Administrator shall issue to 

airport operators guidance regarding placement of an expiration 

date on each airport credential issued to a non-United States citizen 

that is not longer than the period of time during which such 

non-United States citizen is lawfully authorized to work in the 

United States. 

(b) REVIEW OF PROCEDURES.— (1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Administrator shall— 

(A) issue guidance for transportation security inspectors to annually review the procedures of airport operators 

and air carriers for applicants seeking unescorted access 

to any SIDA of an airport; and 

(B) make available to airport operators and air carriers 

information on identifying suspicious or fraudulent identification materials. 

(2) INCLUSIONS.—The guidance issued pursuant to paragraph (1) shall require a comprehensive review of background 

checks and employment authorization documents issued by 

United States Citizenship and Immigration Services during 

the course of a review of procedures under such paragraph. 

SEC. 3405. VETTING. 

(a) ELIGIBILITY REQUIREMENTS.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, and subject to public notice and 

comment, the Administrator shall revise the regulations issued 

under section 44936 of title 49, United States Code, in accordance with this section and current knowledge of insider threats 

and intelligence under section 3502, to enhance the eligibility 

requirements and disqualifying criminal offenses for individuals 

seeking or having unescorted access to any SIDA of an airport. 

(2) DISQUALIFYING CRIMINAL OFFENSES.—In revising the 

regulations under paragraph (1), the Administrator shall consider adding to the list of disqualifying criminal offenses and 

criteria the offenses and criteria listed in section 122.183(a)(4) 

of title 19, Code of Federal Regulations and section 1572.103 

of title 49, Code of Federal Regulations. 

Deadline. 

Public 

information. 

Regulations. 

Deadline. 

Guidance. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 659 

(3) WAIVER PROCESS FOR DENIED CREDENTIALS.—Notwithstanding section 44936(b) of title 49, United States Code, in 

revising the regulations under paragraph (1) of this subsection, 

the Administrator shall— 

(A) ensure there exists or is developed a waiver process 

for approving the issuance of credentials for unescorted 

access to any SIDA of an airport for an individual found 

to be otherwise ineligible for such credentials; and 

(B) consider, as appropriate and practicable— 

(i) the circumstances of any disqualifying act or 

offense, restitution made by the individual, Federal 

and State mitigation remedies, and other factors from 

which it may be concluded that the individual does 

not pose a terrorism risk or a risk to aviation security 

warranting denial of the credential; and 

(ii) the elements of the appeals and waiver process 

established under section 70105(c) of title 46, United 

States Code. 

(4) 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 TSAregulated 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 

Deadline. 

Time periods. 


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130 STAT. 660 PUBLIC LAW 114–190—JULY 15, 2016 

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, realtime 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 

Deadline. 

Consultation. 

Deadline. 

Deadline. 

Determination. 

Deadline. 

Coordination. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 661 

(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 redteam, 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). 

Determination. 

Verification. 


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130 STAT. 662 PUBLIC LAW 114–190—JULY 15, 2016 

SEC. 3409. SECURITY DIRECTIVES. 

(a) REVIEW.—Not later than 180 days after the date of the 

enactment of this Act and annually thereafter, the Administrator, 

in consultation with the appropriate regulated entities, shall conduct a comprehensive review of every current security directive 

addressed to any regulated entity to— 

(1) determine whether each such security directive continues to be relevant; 

(2) determine whether such security directives should be 

streamlined or consolidated to most efficiently maximize risk 

reduction; and 

(3) update, consolidate, or revoke any security directive 

as necessary. 

(b) NOTICE.—For each security directive that the Administrator 

issues, the Administrator shall submit to the appropriate congressional committees notice of— 

(1) the extent to which each such security directive 

responds to a specific threat, security threat assessment, or 

emergency situation against civil aviation; and 

(2) when it is anticipated that each such security directive 

will expire. 

SEC. 3410. IMPLEMENTATION REPORT. 

Not later than one year after the date of the enactment of 

this Act, the Comptroller General of the United States shall— 

(1) assess the progress made by the TSA and the effect 

on aviation security of implementing the requirements under 

sections 3402 through 3409 of this subtitle; and 

(2) report to the appropriate congressional committees on 

the results of the assessment under paragraph (1), including 

any recommendations. 

SEC. 3411. MISCELLANEOUS AMENDMENTS. 

(a) ASAC TERMS OF OFFICE.—Subparagraph (A) of section 

44946(c)(2) of title 49, United States Code, is amended to read 

as follows: 

‘‘(A) TERMS.—The term of each member of the Advisory 

Committee shall be two years, but a member may continue 

to serve until a successor is appointed. A member of the 

Advisory Committee may be reappointed.’’. 

(b) FEEDBACK.—Paragraph (5) of section 44946(b) of title 49, 

United States Code, is amended by striking ‘‘paragraph (4)’’ and 

inserting ‘‘paragraph (2) or (4)’’. 

Subtitle E—Checkpoints of the Future 

SEC. 3501. CHECKPOINTS OF THE FUTURE. 

(a) IN GENERAL.—The Administrator, in accordance with 

chapter 449 of title 49, United States Code, shall request the 

Aviation Security Advisory Committee (established pursuant to section 44946 of such title) to develop recommendations for more 

efficient and effective passenger screening processes. 

(b) CONSIDERATIONS.—In making recommendations to improve 

existing passenger screening processes, the Aviation Security 

Advisory Committee shall consider— 

(1) the configuration of a checkpoint; 

(2) technology innovation; 

Recommendations. 

Recommendations. 

Assessment. 

Deadlines. 

Consultation. 

Determinations. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 663 

(3) ways to address any vulnerabilities identified in audits 

of checkpoint operations; 

(4) ways to prevent security breaches at airports at which 

Federal security screening is provided; 

(5) best practices in aviation security; 

(6) recommendations from airports and aircraft operators, 

and any relevant advisory committees; and 

(7) ‘‘curb to curb’’ processes and procedures. 

(c) 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; 

Recommendations. 


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130 STAT. 664 PUBLIC LAW 114–190—JULY 15, 2016 

(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’’. 


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PUBLIC LAW 114–190—JULY 15, 2016 130 STAT. 665 

LEGISLATIVE HISTORY—H.R. 636: 

HOUSE REPORTS: No. 114–21, Pt. 1 (Comm. on Ways and Means). 

CONGRESSIONAL RECORD: 

Vol. 161 (2015): Feb. 13, considered and passed House. 

Vol. 162 (2016): Apr. 6, 7, 11–14, 18, 19, considered and passed Senate, 

amended. 

July 11, House concurred in Senate amendments with 

amendments pursuant to H. Res. 818. 

July 13, Senate concurred in House amendments. 

Æ 

SEC. 3602. LAW ENFORCEMENT TRAINING FOR MASS CASUALTY AND 

ACTIVE SHOOTER INCIDENTS. 

Paragraph (2) of section 2006(a) of the Homeland Security 

Act of 2002 (6 U.S.C. 607(a)) is amended— 

(1) by redesignating subparagraphs (E) through (I) as subparagraphs (F) through (J), respectively; and 

(2) by inserting after subparagraph (D) the following new 

subparagraph: 

‘‘(E) training exercises to enhance preparedness for 

and response to mass casualty and active shooter incidents 

and security events at public locations, including airports 

and mass transit systems;’’. 

SEC. 3603. ASSISTANCE TO AIRPORTS AND SURFACE TRANSPORTATION 

SYSTEMS. 

Subsection (a) of section 2008 of the Homeland Security Act 

of 2002 (6 U.S.C. 609) is amended— 

(1) by redesignating paragraphs (9) through (13) as paragraphs (10) through (14), respectively; and 

(2) by inserting after paragraph (8) the following new paragraph: 

‘‘(9) enhancing the security and preparedness of secure 

and nonsecure areas of eligible airports and surface transportation systems;’’. 

Approved July 15, 2016. 


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