H. R. 636—30 
(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 indi-
vidual during my examination, discussed any medica-
tions 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 consulta-
tions with primary care physicians; 
(8) inform pilots of the regulations pertaining to the prohibi-
tion 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 edu-
cation 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);
H. R. 636—31 
(D) a form that includes— 
(i) the name, address, telephone number, and air-
man certificate number of the individual; 
(ii) the name, address, telephone number, and 
State medical license number of the physician per-
forming 
the 
comprehensive 
medical 
examination 
required in subsection (a)(7); 
(iii) the date of the comprehensive medical exam-
ination required in subsection (a)(7); and 
(iv) a certification by the individual that the check-
list described in subsection (b) was followed and signed 
by the physician in the comprehensive medical exam-
ination 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 defi-
ciency 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 sub-
section (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 indi-
vidual— 
(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 dis-
organized 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 satisfac-
tory medical explanation of the cause. 
(iii) A transient loss of control of nervous system 
functions without satisfactory medical explanation of 
the cause.
H. R. 636—32 
(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 treat-
ment. 
(iii) Cardiac valve replacement. 
(iv) Heart replacement. 
(2) SPECIAL RULE FOR CARDIOVASCULAR CONDITIONS.—In 
the case of an individual with a cardiovascular condition, the 
process for obtaining an Authorization for Special Issuance 
of a Medical Certificate shall be satisfied with the successful 
completion of an appropriate clinical evaluation without a 
mandatory wait period. 
(3) SPECIAL RULE FOR MENTAL HEALTH CONDITIONS.— 
(A) IN GENERAL.—In the case of an individual with 
a clinically diagnosed mental health condition, the third- 
class medical certificate exemption under subsection (a) 
shall not apply if— 
(i) in the judgment of the individual’s State- 
licensed medical specialist, the condition— 
(I) renders the individual unable to safely per-
form 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 condi-
tion shall certify every 2 years, in conjunction with the 
certification under subsection (c)(10)(C), that the individual 
is under the care of a State-licensed medical specialist 
for that mental health condition. 
(4) SPECIAL RULE FOR NEUROLOGICAL CONDITIONS.— 
(A) IN GENERAL.—In the case of an individual with 
a clinically diagnosed neurological condition, the third-class 
medical certificate exemption under subsection (a) shall 
not apply if— 
(i) in the judgment of the individual’s State- 
licensed medical specialist, the condition— 
(I) renders the individual unable to safely per-
form 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 certifi-
cation under subsection (c)(10)(C), that the individual is 
under the care of a State-licensed medical specialist for 
that neurological condition.
H. R. 636—33 
(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 proce-
dures 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 Spe-
cial 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 ‘‘cov-
ered 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.
H. R. 636—34 
(l) AUTHORITY TO REQUIRE ADDITIONAL INFORMATION.— 
(1) IN
GENERAL.—If the Administrator receives credible 
or urgent information, including from the National Driver Reg-
ister 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 addi-
tional 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 transpor-
tation, 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 transpor-
tation, 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 enact-
ment 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 transpor-
tation 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 prac-
ticable and at no additional cost, except when assignment to an 
adjacent seat would require an upgrade to another cabin class
H. R. 636—35 
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 require-
ment 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 Secu-
rity 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—
H. R. 636—36 
(A) to deploy TSA-approved ready-to-market private 
sector solutions that meet the PreCheck Program enroll-
ment 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 enroll-
ment flexibility and minimize the amount of travel to enroll-
ment 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 regula-
tions; 
(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 Account-
ability 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 imple-
ment— 
(A) a continual process, including an associated time-
frame, 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.
H. R. 636—37 
(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 tech-
nologies 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 facili-
tate 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 effi-
ciency. 
(f) VETTING FOR PRECHECK PROGRAM PARTICIPANTS.—Not later 
than 90 days after the date of enactment of this Act, the Adminis-
trator 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 For-
eign Entry Points and Guarding Airports 
Through Enhanced Security 
SEC. 3201. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESS-
MENT. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Administrator shall conduct a comprehen-
sive 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.
H. R. 636—38 
(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, coordina-
tion, and information sharing relating to securing international- 
inbound aviation between the United States and domestic and 
foreign partners, including U.S. Customs and Border Protection, 
foreign government entities, passenger air carriers, cargo air 
carriers, and United States Government entities, in order to 
enhance security capabilities at foreign airports, including air-
ports 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 secu-
rity, 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
H. R. 636—39 
Security and Governmental Affairs and the Committee on Com-
merce, 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 dona-
tion is being made. 
(4) How the Administrator will ensure the security 
screening equipment that is being donated is used and main-
tained 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 recog-
nize 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 pro-
grams, 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 sus-
pends 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.
H. R. 636—40 
SEC. 3206. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT. 
(a) IN GENERAL.—The Administrator shall establish an inter-
national 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 Adminis-
trator may provide to the appropriate authorities of such foreign 
government 
technical 
assistance 
and 
training 
programs 
to 
strengthen aviation security in managerial, operational, and tech-
nical 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 tech-
nology; 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 effective-
ness 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 avia-
tion 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 secu-
rity 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 sub-
section (a) and report to the Committee on Homeland Security
H. R. 636—41 
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 pas-
senger 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 pro-
viding 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 pas-
senger 
and 
baggage 
security 
screening, 
including 
the 
verification of traveler documents, particularly at designated 
PreCheck Program lanes to ensure that such lanes are oper-
ational for use and maximum efficiency. 
(2) Make every practicable effort to grant additional flexi-
bility 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 Transpor-
tation 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
H. R. 636—42 
TSA’s Passenger Screening Canine assets may be deployed 
and utilized for maximum efficiency to mitigate risk and opti-
mize 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 stake-
holders’’ shall mean, at a minimum, air carriers, airport operators, 
and labor organizations representing Transportation Security Offi-
cers 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 Govern-
mental 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 Identifica-
tion Display Area as such term is defined in section 1540.5 
of title 49, Code of Federal Regulations, or any successor regula-
tion 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 inter-
national terrorist activity. 
(2) CONSIDERATIONS.—In conducting or updating the 
assessment under paragraph (1), the Administrator shall con-
sider—
H. R. 636—43 
(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 privi-
leges 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 air-
ports, including the implementation of recommendations 
made by relevant advisory committees, including the ASAC. 
(b) REPORTS.—The Administrator shall submit to the appro-
priate congressional committees— 
(1) a report on the results of the assessment under sub-
section (a), including any recommendations for improving avia-
tion security; 
(2) a report on the implementation status of any rec-
ommendations 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 para-
graph (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 require-
ments 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.
H. R. 636—44 
(b) TEMPORARY CREDENTIALS.—The Administrator may encour-
age the issuance by airports and aircraft operators of free, one- 
time, 24-hour temporary credentials for workers who have reported, 
in a timely manner, their credentials missing, but not permanently 
lost, stolen, or destroyed, until replacement of credentials under 
section 1542.211 of title 49 Code of Federal Regulations is necessary. 
(c) NOTIFICATION AND REPORT TO CONGRESS.—The Adminis-
trator 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 inspec-
tors 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 identi-
fication materials. 
(2) INCLUSIONS.—The guidance issued pursuant to para-
graph (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 accord-
ance 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 con-
sider 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.
H. R. 636—45 
(3) WAIVER PROCESS FOR DENIED CREDENTIALS.—Notwith-
standing 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 para-
graph (1), the Administrator shall propose that an individual 
be disqualified if the individual was convicted, or found not 
guilty by reason of insanity, of a disqualifying criminal offense 
within 15 years before the date of an individual’s application, 
or if the individual was incarcerated for such crime and released 
from incarceration within five years before the date of the 
individual’s application. 
(5) CERTIFICATIONS.—The Administrator shall require an 
airport or aircraft operator, as applicable, to certify for each 
individual who receives unescorted access to any SIDA of an 
airport that— 
(A) a specific need exists for providing the individual 
with unescorted access authority; and 
(B) the individual has certified to the airport or aircraft 
operator that the individual understands the requirements 
for possessing a SIDA badge. 
(6) REPORT TO CONGRESS.—Not later than 90 days after 
the date of the enactment of this Act, the Administrator shall 
submit to the appropriate congressional committees a report 
on the status of the revision to the regulations issued under 
section 44936 of title 49, United States Code, in accordance 
with this section. 
(7) RULE OF CONSTRUCTION.—Nothing in this subsection 
may be construed to affect existing aviation worker vetting 
fees imposed by the TSA. 
(b) RECURRENT VETTING.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Administrator and the Director 
of the Federal Bureau of Investigation shall fully implement 
the Rap Back service for recurrent vetting of eligible TSA- 
regulated populations of individuals with unescorted access 
to any SIDA of an airport. 
(2) REQUIREMENTS.—As part of the requirement in para-
graph (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
H. R. 636—46 
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 congres-
sional committees a report on the such implementation. 
(c) ACCESS TO TERRORISM-RELATED DATA.—Not later than 30 
days after the date of the enactment of this Act, the Administrator 
and the Director of National Intelligence shall coordinate to ensure 
that the Administrator is authorized to receive automated, real- 
time access to additional Terrorist Identities Datamart Environment 
(TIDE) data and any other terrorism-related category codes to 
improve the effectiveness of the TSA’s credential vetting program 
for individuals who are seeking or have unescorted access to any 
SIDA of an airport. 
(d) ACCESS TO E–VERIFY AND SAVE PROGRAMS.—Not later than 
90 days after the date of the enactment of this Act, the Secretary 
shall authorize each airport operator to have direct access to the 
E–Verify program and the Systematic Alien Verification for Entitle-
ments (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 air-
port; 
(4) differences in access point characteristics and require-
ments at airports; and 
(5) any additional factors the Administrator considers nec-
essary 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
H. R. 636—47 
(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 prohib-
ited 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 appro-
priate 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 perim-
eter security measures the Administrator identifies. 
(2) BEST PRACTICES.—After completing the review under 
paragraph (1), the Administrator shall— 
(A) identify best practices for additional access control 
and airport worker security at airports; and 
(B) disseminate to airport operators the best practices 
identified under subparagraph (A). 
(3) PILOT
PROGRAM.—The Administrator may conduct a 
pilot program at one or more airports to test and validate 
best practices for comprehensive airport worker screening or 
perimeter security under paragraph (2). 
SEC. 3408. COVERT TESTING. 
(a) IN GENERAL.—The Administrator shall increase the use 
of red-team, covert testing of access controls to any secure areas 
of an airport. 
(b) ADDITIONAL COVERT TESTING.—The Inspector General of 
the Department of Homeland Security shall conduct red-team, 
covert testing of airport access controls to the SIDAs of airports. 
(c) REPORTS TO CONGRESS.— 
(1) ADMINISTRATOR REPORT.—Not later than 90 days after 
the date of the enactment of this Act, the Administrator shall 
submit to the appropriate congressional committees a report 
on the progress to expand the use of inspections and of red- 
team, covert testing under subsection (a). 
(2) INSPECTOR GENERAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Inspector 
General of the Department of Homeland Security shall submit 
to the appropriate congressional committees a report on the 
effectiveness of airport access controls to the SIDAs of airports 
based on red-team, covert testing under subsection (b).
H. R. 636—48 
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 con-
duct a comprehensive review of every current security directive 
addressed to any regulated entity to— 
(1) determine whether each such security directive con-
tinues 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 congres-
sional 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 sec-
tion 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;